The Terms constitute a legally binding agreement between you ("you", "your") and BiKing ("BiKing", "we", "our"). These terms apply when you use the BiKing services provided by, through or otherwise provided to you by the platform. BiKing Services may be provided by BiKing, or may be provided by any BiKing affiliates in accordance with these Terms, any Product Terms or any Additional Terms.
By registering a Biking account, accessing the BiKing platform and/or using the BiKing service, you agree that you have read, understood and accepted these terms and any additional documents or terms mentioned therein. You acknowledge and agree that you will be bound by and abide by the terms as updated and revised from time to time.
If you do not fully understand and accept these terms, please do not register for a BiKing account, and do not access or use the platform or any BiKing services.
Risk Warning
The value of digital assets, like any other asset, may fluctuate widely, and there is a risk of substantial financial loss in buying, selling, holding or investing in digital assets. Therefore, please consider whether it is suitable for trading or holding digital assets based on your own financial situation.
For more information about the risks associated with using BiKing services, please refer to the "Risk Warning" (which may be updated from time to time). Please read the "Risk Warning" carefully, but the "Risk Warning" does not list all possible risks in detail, nor does it explain the impact of these risks on you personally.
Before deciding to use the BiKing service, please be sure to fully understand the possible risks you may encounter.
BiKing is not your broker, intermediary, agent or advisor, and there is no fiduciary relationship and no obligation between BiKing and any transaction or other activity you conduct using the BiKing service. BiKing does not provide investment or consulting advice of any kind. No communication or information provided by BiKing to you is intended to, and should not be construed as, providing any advice.
You should judge whether any investment, investment strategy or related transaction is appropriate based on your personal investment objectives, financial situation and risk tolerance, and you should bear any related losses or responsibilities yourself. BiKing does not recommend that you buy, earn, sell or hold any digital assets. Before you decide to buy, sell or hold any digital assets, you should conduct your due diligence and consult a financial advisor. BiKing is not responsible for your decisions to buy, earn, sell or hold digital assets based on the information we provide, including any losses you suffer as a result of such decisions.
Regarding the agreement reached between BiKing and you
1 Introduction
1.1. About BiKing.
BiKing Group is an ecosystem with an online digital asset trading platform as its core, providing users with a trading platform for buying and selling digital assets, an integrated custody solution that allows users to store digital assets, and other digital asset-related services.
1.2. The Terms.
When you register a BiKing account, you sign a legally binding agreement with BiKing. These terms apply to your use of the BiKing service and clarify what kind of company BiKing is, how BiKing provides services to you, how to change or terminate the terms, how to solve problems encountered, and other important information.
You must read this clause and the documents cited therein carefully, and please contact us if there is anything you do not understand.
If any local terms apply to your use of BiKing Services, the local terms take precedence over these terms.
1.3. Additional Documentation.
Many additional documents mentioned in these Terms also apply to your use of the BiKing service. These attachment files include:
a. BiKing's "Privacy Notice", which regulates the processing of the personal data we collect about you or any personal data you provide to us. By using the BiKing service, you understand and agree to such processing, and promise that all data you provide is accurate and up-to-date.
b. BiKing's "Risk Warning" contains important information on the potential risks of buying, selling, holding or investing in digital assets.
c. "Product Terms", which specify the additional terms and conditions applicable to the use of specific BiKing services.
You acknowledge that you are bound by and agree to abide by any relevant additional terms and conditions applicable to the BiKing Services.
2. Qualifications
2.1. Eligibility Criteria.
To be eligible to register a BiKing account and use BiKing services, you must:
a. is an individual, company, legal person, entity or other organization with sufficient power, authority and capacity to (1) access and use BiKing Services; and (2) sign these Terms and abide by your obligations hereunder;
b. If you are an individual, you should be at least 18 years old;
c. If you are an employee or agent of a legal entity signing these Terms on its behalf, you must be duly authorized to act on its behalf and bind the entity by entering into these Terms;
d. Has not been suspended or disqualified from using the BiKing service;
e. Unrestricted personnel;
f. There is currently no BiKing account; and
g. The location, place of registration, and place of establishment are not in the following areas; you are not a citizen or resident of the following areas; nor do you conduct business in the following areas:
i. Accessing or using the BiKing Service would violate the provisions of applicable law or cause BiKing or any third party to violate any applicable law; or
ii. Countries listed on the Prohibited Countries List.
2.2. Modify the qualification criteria for BiKing.
BiKing may modify the eligibility criteria at any time at its sole discretion. BiKing will try its best to notify you in advance before changes. However, we may occasionally have to make changes without notifying you in advance. This situation may include:
a. Changes based on changes in laws and/or regulations;
b. The change is in your interest; and/or
c. It is too late to notify you due to other reasonable reasons.
In circumstances where we are unable to notify you in advance, we will notify you as soon as possible after the changes are completed.
3. How do we contact each other?
3.1. How you can contact us.
For more information about BiKing, please log in to BiKing’s official website. If you have any questions, feedback or comments, please log in to https://www.wang.tel to contact us through the customer service team. These Terms may specify contact information for specific notices. The addresses in these notifications are not monitored.
3.2. How we contact you.
We will contact you via the contact information you provide. This may include contacting you via email, text message or telephone. Please always ensure that you provide correct and up-to-date contact details. If your contact details change, please notify us immediately. Otherwise, BiKing does not assume any responsibility if you do not receive our messages, notifications or other important information.
4. BiKing Service
4.1. Specific Product Terms.
After you open a BiKing account, you can use BiKing services in accordance with these Terms and the product terms applicable to each specific service of BiKing.
4.2. Intra-group services.
You know and agree that some BiKing services may be provided by BiKing alliance partners.
5. Chat service
5.1. Availability of Chat Services.
We may provide you with an interactive online chat service ("Chat Service") at any time when you use any BiKing service. When you use the Chat Services, you may interact with bots, chatbots, or other non-human beings. To the extent required by applicable law, we will explain when we use chatbots or other non-human beings. By contacting us through the chat service, you authorize us to monitor and save your chat history.
5.2. Important information.
Chat services are provided for convenience and generally to facilitate your understanding of the BiKing service. The BiKing chat service will do its best to provide you with accurate and up-to-date information based on your questions or needs. Nothing exchanged by BiKing in the chat service shall be deemed as a legal agreement, representation or guarantee by BiKing with respect to the service, process, decision-making or response time. Any personal data that you share with us while using the chat service is subject to the applicable privacy policies and notices set forth in the BiKing Privacy Notice.
5.3. User chat.
In addition, BiKing may provide you with chat services that allow you to interact directly with other users of the Platform ("User Chat").
5.4. Prohibited Conduct.
You may not send any abusive, defamatory, fraudulent or obscene information or any information intended to manipulate the market through the chat service or any user chat, nor disseminate false or misleading information or messages in violation of applicable laws, which may result in termination of the chat service session and may result in restrictions on your use of the BiKing service.
6. Handling fee
6.1. Payment of handling fees.
You agree to pay all applicable fees related to the use of BiKing Services in accordance with the "Product Terms" specified on BiKing's official website or through any relevant product terms.
You authorize us to debit your BiKing Account for all applicable fees, commissions, interest, charges and other amounts owed by you hereunder or under any Product Terms. If you digitally owe BiKing funds (denominated in a certain digital asset), and the amount of the digital asset is not enough to repay the owed part, BiKing can deduct the arrears from other digital assets to pay (in this case, BiKing will convert the digital assets you hold into digital assets denominated in arrears (or equivalent legal currency) according to the price currently announced by the platform or other commercially reasonable prices determined by us. If there are insufficient Digital Assets in your BiKing Account, you acknowledge that any amounts due and payable by you under these Terms will be in such amounts and forms (whether in digital assets or otherwise) as we can determine by commercially reasonable means. Debts due and payable.
6.2. Modify the BiKing handling fee.
BiKing may adjust the handling fee from time to time in accordance with the provisions of Article 18.3 of these Terms.
About your BiKing account
7. Create a BiKing account
7.1. Open an account.
You must create and maintain a BiKing account in order to access the BiKing services and platform. Individuals can open BiKing personal accounts, and companies, entities or other organizations can also open BiKing corporate accounts.
All BiKing accounts are provided entirely at BiKing’s discretion. BiKing reserves the right to reject any BiKing account application without reason or to limit the number of BiKing accounts you can hold.
7.2. Exclusive Rights.
By opening a BiKing account, you agree to:
a. If you are an individual user, you will only use your BiKing account for your own use and will not use your BiKing account on behalf of any third party, unless you obtain BiKing’s prior written consent; and
b. If you are a corporate user, your permitted user will only use the BiKing Enterprise Account to realize your interests and will not use the BiKing Enterprise Account on behalf of any third party, unless you obtain the prior written consent of BiKing.
You are fully responsible for all activities in your BiKing account.
7.3. Identity authentication.
You need to provide us with relevant information about yourself and your permitted users (if relevant) and complete our identity authentication process before you can be allowed to open a BiKing account and access and use BiKing services. All information you provide must be complete, accurate and true. Any time such information changes, you must update it immediately.
You authorize BiKing to conduct, directly or through third parties, such investigations as BiKing deems necessary to verify the identity of you and any permitted user, to protect you and/or BiKing from fraud, money laundering, terrorist financing or other financial crimes, and to As a result of such investigation, any action may be taken that BiKing deems necessary.
You know and understand that BiKing may disclose your and any permitted user's personal data to identity verification, compliance data recording, credit investigation, fraud prevention or financial crime agencies when conducting investigations; and you know and understand that these agencies may comprehensively Reply to BiKing’s inquiry.
You can view BiKing's Privacy Notice to learn more about BiKing's processing of personal data.
7.4. Conduct in-depth due diligence.
BiKing may also require you to submit additional information about yourself, the Company or a Licensed User, provide additional records or documentation, or meet face-to-face with a BiKing representative in order to comply with BiKing's in-depth due diligence procedures.
7.5. Records.
BiKing will retain your personal data for as long as it is required to fulfill the relevant purposes described in the Privacy Notice, to fulfill relevant laws for tax and accounting purposes, to comply with anti-money laundering laws or as otherwise communicated to you through other means so that you can continue to Use BiKing service. Please review the BiKing Privacy Statement to understand how BiKing collects and uses user personal data in connection with the use and performance of the BiKing website and BiKing services.
8. Information Requests
8.1. When will BiKing ask you to provide information.
BiKing may ask you to provide information at any time to comply with any applicable laws, identity authentication requirements, or to detect money laundering, terrorist financing, fraud or any other financial crime, or for any other legitimate reason. As long as such information is necessary to achieve its intended purpose, you agree to provide BiKing with any such information requested by BiKing and allow BiKing to use it during the duration of your BiKing account or other periods specified by applicable law. Keep records of such information.
8.2. What happens after you provide information.
Your permission to access your BiKing account and your BiKing service transaction restrictions will continue to change based on the information collected about you. If there is reason to suspect that any information you provide is wrong, untrue, outdated or incomplete, BiKing may send you a notice asking you to correct, delete relevant information, or take other measures that BiKing deems necessary to ensure that the information you provide True and correct.
8.3. If you fail to provide information as requested.
You must comply with any requests for information we send to you. If you refuse to provide information as requested, or do not provide information in a timely manner, BiKing reserves the right to immediately suspend or terminate your access to your BiKing account or all or part of BiKing services without notice.
9. Access your BiKing account
9.1. Access.
In order to access your BiKing account, your or permitted users (where relevant) must have the necessary equipment (such as a computer or smartphone) and access to the Internet. Your BiKing account can be directly accessed through the platform or other access modes (including API) specified by BiKing. You can only access your BiKing account with the access ID that BiKing provides you or allows users to use for such purposes. BiKing may require multi-factor authentication to ensure the security of your BiKing account.
Use of the Platform and other access methods are subject to additional terms notified to you by BiKing.
9.2. Restriction of access to third parties.
You must ensure that any BiKing account registered in your name will not be used by anyone other than yourself. However, in accordance with the Except where these terms are used by others.
10. Account Information and Transaction History
10.1. Your Account History.
You may access your account history through the Platform. You must review account history carefully. If you find any records or transactions that you do not recognize or think are incorrect, you must notify us within 14 days from the date you obtain the account history.
10.2. Error.
BiKing may correct any errors in your account history at any time, and has the right to void or reverse any transactions that exist or are based on obvious errors, or modify the transaction details to reflect the correct or fair details without such obvious errors. . Without prejudice to the generality of the other terms hereunder and without fraud or bad faith, BiKing shall not be liable to you for any direct, indirect, special or consequential losses of any nature suffered or incurred due to obvious errors for any reason ( Including but not limited to loss of profits, loss of opportunity) or requirements, we are not responsible for any damages, even if you have informed BiKing of the possibility of such situations occurring or such situations are reasonably foreseeable.
10.3. Information Sharing.
Subject to applicable legal requirements, BiKing may be required to share information related to your BiKing account and account history with third parties. You acknowledge and agree that BiKing has the right to disclose such information. For more information on how BiKing handles your personal data, please refer to BiKing's "Privacy Notice".
Use your account
11. Instructions
11.1. Giving instructions.
You must ensure that any instructions submitted are complete and accurate. BiKing is not required to verify the accuracy, authenticity or validity of any instruction and will not monitor or refuse to execute instructions because they are or appear to be duplicates. However, if we have doubts about the accuracy, authenticity or validity of the instruction, BiKing may refuse to execute or postpone the execution of any instruction, or seek further information related to the instruction.
Instructions are irrevocable. Once submitted, you or the authorized user have no right to revoke or withdraw the instruction without the written consent of BiKing. Your order shall not be deemed to have been received by BiKing until it is received by the BiKing server. The record of all instructions by BiKing is final and binding on you.
11.2. Following Your Instructions.
You may allow users to submit instructions to indicate that you authorize BiKing to initiate transactions on your Biking account. BiKing therefore has the right to credit or debit digital assets from your BiKing account (or provide settlement information to a third party for the third party to credit or debit) in accordance with your instructions. If the digital assets or legal currency in your BiKing account are insufficient to complete the transaction (that is, insufficient to settle the transaction and insufficient to pay all fees related to the transaction), BiKing has the right to refuse to conclude any transaction. You are responsible for holding sufficient digital assets or fiat currency in your BiKing account.
11.3. Order Protection.
You understand that instructions and information transmitted through the Platform or email are usually transmitted through the Internet, and the routing path may be public transnational facilities without special protection. BiKing cannot guarantee that transmitted instructions and information will be completely protected from unauthorized access, and you accept the risks associated with this.
11.4. Withdrawals.
Subject to these Terms and all applicable product terms, if you have sufficient balance in your BiKing account and do not hold digital assets related to any BiKing service, you may instruct BiKing by submitting a withdrawal request on the platform. Transfers digital assets to an external wallet address. After receiving your withdrawal request, BiKing will: (i) deduct your BiKing account balance; and (ii) initiate an on-chain transfer to your designated external wallet. If BiKing has reason to believe that the execution of the relevant withdrawal will violate applicable laws, BiKing may not process the withdrawal request. BiKing may also suspend withdrawals at a time BiKing deems appropriate to resolve any emergencies on the platform. After such incidents are resolved, BiKing will resume withdrawals.
12. Transaction
12.1. Conducting Transactions.
You may trade directly with BiKing or other users, and these transactions may or may not be facilitated by BiKing.
BiKing does not represent or guarantee that any transaction will be completed successfully or within a specific time.
12.2. Unauthorized Transactions.
You are solely responsible for controlling or using your BiKing account. Therefore, BiKing will assume that any instructions issued from your BiKing account are authorized by you or a licensed user, unless BiKing has been notified otherwise. You should monitor history to detect any unauthorized or suspicious activity in your BiKing account and notify us as soon as possible. BiKing is not responsible for any claims or losses resulting from transactions carried out due to the execution of unauthorized instructions, except where you have notified BiKing in accordance with this article.
12.3. Retention of transaction information.
To promote compliance with global industry standards regarding data retention, you agree to allow, but not require, us to retain records of all transaction information consistent with the original intent of retaining the transaction information during the term of your BiKing account or for such other periods as may be required by applicable law. . Please review the BiKing Privacy Notice to understand how BiKing collects and uses data in connection with the use and performance of the BiKing website and BiKing services.
13. Significant interests and conflicts
13.1. BiKing Group.
You know that BiKing Group is composed of several companies that carry out digital asset-related businesses, and BiKing is a member of this group.
13.2. The nature of BiKing's duties.
You understand and agree that the relationship between you and BiKing or any services provided to you by BiKing or any other matters will not cause BiKing or any BiKing alliance partner to incur any liability, whether legal liability, equity Responsibilities are also fiduciary responsibilities, except for those expressly provided for in these Terms. In particular, BiKing and any BiKing alliance partners may act in multiple identities at any time, and BiKing may charge fees or commissions to multiple users (including you) when acting in these identities. You agree that BiKing will act in such capacity and provide any other BiKing services or conduct business with or for you, any BiKing Alliance partner or any other user.
13.3. Vital Interests.
You understand and agree that neither BiKing nor any BiKing Alliance partner is required to: (1) carefully consider any information of material interest that BiKing or any BiKing Alliance partner learns; (2) disclose any such information to you; or (3) use such information to serve your interests. You further acknowledge that during the process of providing BiKing services to you, BiKing may receive general market information from time to time and apply it to BiKing's daily business.
13.4. Conflicts of Interest.
BiKing establishes and maintains effective organizational and administrative arrangements, aiming to take all appropriate measures to identify and manage conflicts of interest between BiKing and BiKing users and relevant third parties, and to prevent conflicts of interest from adversely affecting the interests of BiKing users. If such organizational and administrative arrangements are insufficient to prevent the risk of harming your interests, BiKing will inform you of the nature and/or source of the relevant conflict of interest, as well as the measures that have been taken to reduce such risks, so that you can make an informed decision whether to continue Do business with us. BiKing always reserves the right to refuse to act in your interests when it is unable to manage the conflict of interest in any other way.
14. Trading Restrictions
14.1. Your trading restrictions.
Your BiKing account may be restricted in the following areas:
a. The amount or quantity of transactions that can be carried out in your BiKing account; and/or
b. The amount or value of legal currency or digital assets that you can transfer into or out of your BiKing account,
Each of the above scenarios is limited to a given period (e.g. daily). All applicable restrictions will be displayed in your BiKing account.
14.2. Changing Your Trading Limits.
BiKing reserves the right to change any trading limits applicable to your BiKing account at any time in BiKing’s absolute discretion. You can also request a change to your restrictions. Any changes are at the sole discretion of BiKing and subject to any further conditions that BiKing deems necessary.
15. Supported digital assets
15.1. Supported digital assets.
The BiKing service is only available for supported digital assets, which may change from time to time. BiKing has published the list of supported digital assets on the official website. BiKing may remove or suspend one or more digital assets from the list of supported digital assets and will use reasonable commercial efforts to notify you in advance, which means that you will no longer be able to access the BiKing service as part of the Such digital assets can only be withdrawn from your BiKing account. If you do not withdraw such no longer supported digital assets within the specified period, BiKing may, at its discretion, exchange them for another type of digital asset, namely a stablecoin. BiKing shall notify you before such exchange, and you may withdraw such digital assets within a reasonable period specified by BiKing and then exchange them for stable coins.
As stated in this article, BiKing is not responsible for using your BiKing account to purchase digital assets that we do not support, or to exchange such unsupported digital assets for other types of digital assets.
15.2. Forks.
When we decide whether to support a fork, we may temporarily suspend any BiKing services related to a specific digital asset. We have no obligation to support the fork of the digital assets held in your BiKing account, regardless of whether these digital assets will become the dominant digital asset after the fork. If we choose to support a fork of digital assets, we will make an announcement through the BiKing official website or other methods we deem appropriate.
You understand that we have no control over and no ability to influence the creation or implementation of forks. BiKing cannot provide any guarantees regarding the security, functionality or supply of any digital asset, including new dominant digital assets or other digital assets subject to related forks. You may not be able to trade forked digital assets through the Platform and may lose any value associated with the underlying digital assets.
15.3. Guaranteed digital assets.
From time to time, BiKing may support digital assets that claim to be secured by or otherwise tied or linked to other assets, including digital assets, fiat currencies, or commodities such as gold and silver (“Collateralized Digital Assets”). You agree that you have read, understood and accepted all terms and conditions and risks associated with each specific secured digital asset before entering into any transaction related to it. BiKing has no obligation to purchase, repurchase or redeem or facilitate the redemption of your secured digital assets. BiKing reserves the right to change, suspend or discontinue any services related to any secured digital assets. BiKing makes no representations as to whether any particular secured digital asset will retain its value against any asset, nor the quantity or quality of any secured digital asset reserves or collateral held by each issuer or any third party.
16. Account security
16.1. Your Responsibilities.
You are solely responsible for taking appropriate measures to protect your hardware and data from viruses and malware and any inappropriate material. Unless otherwise required by applicable law, you are solely responsible for backing up and maintaining copies of any information you store or transmit through the BiKing Service. BiKing is not responsible for any claims or losses suffered due to your failure to comply with the provisions of these Terms.
16.2. Security Measures.
You and any Permitted Users shall at all times ensure that all your access IDs are fully secure and controlled. You are responsible for taking necessary security measures (or ensuring that your licensed users take such measures) to protect your BiKing account and keep your access ID safe, including:
a. Strictly abide by all mechanisms or processes of BiKing;
b. Create a strong password to ensure the security of your access ID;
c. Ensure that the email address and phone number provided to BiKing are up to date in order to receive any notices or warnings that BiKing may send to you;
d. Do not allow others to remotely access or share your computer and/or computer screen with others when you log in to your BiKing account;
e. Please keep in mind that under no circumstances will BiKing ask you to share your password or two-factor authentication code; and
f. Log out from the website or platform at the end of each visit.
You must keep email accounts and access IDs secure from any attack and unauthorized access. If you learn or have reason to suspect that your e-mail address or that of a Permitted User has been compromised, or that your or any Permitted User's e-mail address has been used illegally, you must notify us immediately.
16.3. Monitor account history.
You should monitor history for any unauthorized or suspicious activity in your BiKing account and notify us as soon as possible. You are aware that any breach of security may result in unauthorized access by a third party to your Biking account, and result in the loss or loss of any digital assets and/or funds in your Biking account and any associated accounts (including your associated bank accounts and credit cards). Stolen.
16.4. If a breach of security is suspected, you must ensure that:
a. notify us immediately via the contact details set out in Clause 3.1 and continue to provide us with accurate and up-to-date information throughout the duration of the security breach;
b. Immediately lock your BiKing account through the platform's account deactivation function or any other method specified by Biking from time to time; and
c. Take any other steps that BiKing may reasonably require to reduce, manage or report any security breaches.
BiKing reserves the right to ask you to provide any and all information and documents that BiKing considers relevant or necessary to actual or suspected security breaches, and you agree to provide such information and documents, and BiKing has the right to provide such information to any third party for the purpose of Address any security vulnerabilities.
Other important information
17. Privacy
17.1. Privacy Notice. Please refer to the Privacy Notice (updated from time to time) for details regarding the collection and use of personal data in relation to these Terms, BiKing Services, the Platform and any website. You understand that Biking will process personal data related to you, personal data that you provide to Biking, or personal data that Biking collects from you in accordance with this clause in accordance with the Privacy Notice. Your personal data will be processed in accordance with the Privacy Notice, which forms part of these Terms.
You represent and warrant that:
a. You acknowledge that you have read and understood the Privacy Notice.
b. BiKing's business changes frequently, and the "Privacy Notice" will also change accordingly. Therefore, after BiKing provides you with an alternative version of the "Privacy Notice" from time to time, you should read the alternative version immediately.
18. Changes to terms, etc.
18.1. How and when BiKing makes changes.
BiKing may make changes to these Terms and any terms and conditions incorporated by reference (including any Product Terms) at any time, and your acceptance of these Terms constitutes your express consent to such changes. BiKing will notify you of any changes via email or via the BiKing official website.
We give advance notice of most changes and notify you before the changes take effect. However, we may occasionally have to make changes without notifying you in advance. This situation may include:
a. Changes based on changes in laws and/or regulations;
b. The change is in your interest;
c. The changes are intended to give you a clearer understanding of these Terms; and/or
d. Due to other reasonable reasons, it is too late to notify you.
In circumstances where we are unable to notify you in advance, we will notify you as soon as possible after the changes are completed.
18.2. When changes take effect.
Unless the changes are effective immediately, the updated terms will be effective upon our notice to you. If you do not accept such changes, you may close your BiKing account in accordance with Article 19.1 of these Terms. If we have not received your comments, we will consider you to have accepted the changes, and your continued access or use of the BiKing service will be deemed to be your acceptance of the updated terms.
18.3. Change of handling fee.
BiKing may also make changes to the fees stated on the "Product Terms" page of the official website, including adding new handling fees and/or charges. If you do not accept the changes, you may close your BiKing account in accordance with Article 19.1 of these Terms. If we do not receive your comments, it will be deemed that you have accepted the changes, and your continued access or use of the BiKing service will be deemed to be your acceptance of the updated terms.
19. Close your BiKing account
19.1. You have the right to close your BiKing account. You may terminate your BiKing account at any time in accordance with the account termination procedures specified by BiKing from time to time. There is no fee for closing the BiKing account, but all arrears owed to BiKing must be paid. You authorize BiKing to cancel or suspend any pending transactions when you close your account and to deduct any amounts owed to BiKing from your BiKing account.
You may not be able to close your BiKing account under certain circumstances, including:
a. Attempt to evade investigation by relevant authorities;
b. Pending transactions or pending claims;
c. There is an amount owed to BiKing in the BiKing account; or
d. The BiKing account is frozen, detained, restricted or retained.
19.2. What happens after you close your BiKing account.
If you close your BiKing account, you must withdraw all digital assets in your BiKing account. If you have not withdrawn your digital assets or have not accessed your BiKing account for 90 consecutive days, Biking will send you a notice telling you that your account will be regarded as a dormant account.
19.3. What happens to your account after it becomes dormant.
If you do not respond to the notice issued under clause 19.2 within 30 days, BiKing may:
a. Mark your BiKing account as a dormant account;
b. Exchange the digital assets into other digital assets. BiKing shall not be liable for any loss of profit, tax liability or any other loss, damage or expense suffered by you as a result of such changes;
c. Transfer such dormant accounts and/or any digital assets held in the accounts to any third party (including but not limited to other BiKing alliance partners, any third-party custodian or independent wallet). After such transfer, you have the right to take back the Digital Assets, subject to the reasonable certification requirements of BiKing (or the relevant third party) and any other terms and conditions of use;
d. adjust your dormant account so that you will receive contractual claims regarding the amount and type of digital assets that were deposited in your BiKing account prior to conversion to the dormant account;
e. Charge dormant account fees, which can be used to pay the cost of maintaining digital assets for any BiKing alliance partner or any third party, and will be directly withdrawn from the dormant account every month; and
f. Close dormant accounts at any time.
Dormant accounts cannot be reactivated after they are closed. If you wish to continue to use BiKing services, you must register a new BiKing account in accordance with these Terms. You acknowledge that BiKing is not obliged to pay to your dormant account any remuneration, reward or interest related to the credited assets of the account originally agreed to be paid in accordance with the applicable Product Terms.
20. Termination, Suspension, Shelving and Restrictions
20.1. Rights of BiKing.
BiKing may modify or discontinue, temporarily or permanently, any part or feature of the BiKing Service at any time. In particular, BiKing may: (1) refuse to complete or block, cancel or, where permitted by applicable law, refuse to revoke any transaction authorized by you; (2) terminate, suspend or restrict your access to any or all services of BiKing;( 3) terminate, suspend, close, put on hold or limit your access to any or all BiKing accounts; (4) refuse to transmit information or instructions to third parties (including but not limited to third-party wallet operators); and/or (5) take Any action that BiKing deems necessary. In each case with immediate effect and for any reason, including but not limited to:
a. You are not qualified or no longer qualified to use one or more BiKing services;
b. BiKing has reason to suspect:
i. You are not the person logging into your BiKing account, or BiKing suspects that your BiKing account has been or will be used for any illegal, fraudulent or unauthorized purpose;
ii. The user who logs in to your BiKing account is not a licensed user, or BiKing suspects that your BiKing corporate account has been or will be used for any illegal, fraudulent or unauthorized purpose;
iii. Multiple natural persons access and/or use the same BiKing account for transactions, or BiKing suspects that the BiKing account has been or will be used for any illegal, fraudulent or unauthorized purpose;
iv. The information you provide is wrong, untrue, outdated or incomplete;
c. BiKing has reasonable concerns about your creditworthiness or financial status, including:
i. If you are an individual user and you are bankrupt, insane, file for bankruptcy, or have proceedings against you for bankruptcy initiated;
ii. If you are a partnership and any of your partners dies or becomes bankrupt or insane, files for bankruptcy, proceedings are commenced against any partner for bankruptcy, or proceedings are instituted to dissolve and/or vary the partners or the articles of partnership ;
iii. If you are a company and the company is unable to pay its debts as they fall due, or has commenced proceedings against the company for insolvency, judicial administration, receivership, administration or any similar or similar proceedings;
iv. You convene a meeting of creditors or propose or actually enter into any compromise or arrangement with creditors or make any transfer for the benefit of creditors;
d. The information and documents required under Article 8 have not been submitted;
e. Has not yet submitted enhanced due diligence as required in Article 7.4;
f. BiKing has reason to believe that we are required to do so by applicable law or by any court or authority in any jurisdiction in which BiKing is located;
g. BiKing has determined or suspected:
i. You breach these Terms or any Product Terms;
ii. You breach any express or implied warranty or any representation you make in these Terms;
iii. Any transaction is unauthorized, erroneous, fraudulent or illegal, or BiKing has determined or suspected that you are using your BiKing account or BiKing services in a fraudulent, unauthorized or illegal manner;
iv. There is money laundering, terrorist financing, fraud or any other criminal behavior in your BiKing account or your use of BiKing services;
h. The use of your BiKing account is subject to any pending, ongoing or possible litigation, investigation or judicial, governmental or regulatory process, and/or BiKing believes that there is a higher legal or regulatory requirement for your BiKing account activities Risk of non-compliance;
i. The amount you owe BiKing has not been paid in full, whether due to refund or any other reason;
j. Any email sent to your email address is returned as undeliverable;
k. There is a problem verifying your identity;
l. You have taken any action to circumvent our control, such as opening multiple BiKing accounts without BiKing’s written consent, or abusing promotions provided by BiKing from time to time; or
m. We have other reasonable reasons to do so.
BiKing will take reasonable steps to provide you with appropriate notice. However, there may be times when we are unable to provide appropriate notice as required by applicable law.
20.2. Expression of acknowledgment by you.
You acknowledge and agree:
a. The examples of actions taken by Biking to terminate, suspend, close or restrict your access to BiKing Account and/or BiKing Services as described in Clause 20.1 above are not exhaustive; and
b. Biking's decision to take certain actions, including but not limited to terminating, suspending or restricting your access to BiKing's account or BiKing's services, may be based on confidentiality standards that are essential to BiKing's risk management and security protocols. You agree: BiKing is under no obligation to disclose details of BiKing's risk management and security procedures to you.
20.3. What will happen after BiKing exercises its rights.
If BiKing terminates, suspends, puts on hold or restricts your access to one or more BiKing services:
a. If you have orders, trades, positions or open trades, they may be closed by you or us, depending on whether we take termination, suspension, hold, restriction or other action;
b. Any use refund of BiKing account or BiKing service may lead to immediate suspension and/or limitation of your BiKing account and BiKing service;
c. To reactivate a suspended and/or restricted BiKing Account or BiKing Services, you will need to provide us with a full refund, including any amounts owed to us (including any applicable fees); and
d. If a refund is required, you are responsible for any credited amount and you authorize us to deduct costs and fees directly from any assets in your BiKing account without further notice.
20.4. Unlawful possession.
If BiKing is informed and has reason to believe that any digital asset or fiat currency held in your BiKing account has been stolen or is not lawfully owned by you (whether by mistake or otherwise), BiKing may (but has no obligation) Freeze the affected funds and your BiKing account. If BiKing withholds some or all of the digital assets or fiat currencies in your BiKing account or your entire BiKing account, until we can accept evidence proving that you have the right to own the digital assets and/or fiat currencies in your BiKing account. BiKing will not be involved in disputes or the resolution of disputes related to any digital assets and/or fiat currency in your BiKing account.
20.5. Accessing BiKing Services in other jurisdictions.
Residents of certain countries may only have access to some, but not all, BiKing services. BiKing may change the BiKing services provided to you from time to time. If you go to a country/region listed in the "Prohibited Countries/Regions List", you will not be able to use the currency king service or will be blocked by the currency king service. You understand that this will affect your ability to trade on the platform, and/or monitor any existing orders or open positions, or otherwise use the BiKing service. You may not attempt to circumvent any such restrictions in any way, including by modifying your Internet Protocol address through the use of any virtual private network.
intellectual property
21. Background Intellectual Property Rights
The intellectual property rights of BiKing are always owned by BiKing.
22. Licensing of BiKing intellectual property rights
BiKing grants you a non-exclusive license to accept the BiKing Services only for the duration of these Terms or before we suspend or terminate your right to access the BiKing Services, whichever is earlier, for non-commercial personal or internal business use. Use BiKing's intellectual property (excluding trademarks) in accordance with the provisions of this clause to the extent necessary for the purpose.
23. License to User Intellectual Property
23.1 You grant the license.
You grant BiKing a perpetual, irrevocable, royalty-free, worldwide and non-exclusive license to use the user’s intellectual property rights, limited to the scope of that intellectual property rights:
a. forms part of or is necessary for the use of any intellectual property created; and
b. It is necessary for BiKing to provide you with BiKing services from time to time.
23.2 BiKing’s right to sub-license. The license you grant under these Terms includes sublicenses made by BiKing and any BiKing Alliance partners to third parties for the purpose of providing the BiKing Service or any part thereof to you.
24. Intellectual property rights created
24.1 Intellectual Property Rights Created. The intellectual property rights created shall automatically belong to BiKing from the date of creation.
24.2 Assignment. You hereby assign to BiKing (and agree to cause any agent, representative or contractor to assign) all present and future rights and interests in and to the intellectual property rights created and provide full security of title.
If you are required to do so, you shall (and agree to cause any agent, representative or contractor to) execute and/or execute all documents and take all actions that BiKing may require to complete the assignment under these Terms without charging any cost.
25. General
25.1 BiKing is not responsible. You agree and acknowledge that: (1) BiKing is not responsible for any User Materials that may be provided by the Platform or Website (whether provided by you or a third party); and (2) use of any such User Materials is at your own risk Bear in mind that BiKing does not provide any relevant guarantees.
25.2 Rights of BiKing. BiKing reserves the right to delete, modify or reject any content (including any user information) you submit, post or display on the platform or website for any reason at its sole discretion. BiKing reserves the right to take any action we deem appropriate at our sole discretion, including issuing you a written warning, deleting any user information, seeking damages or other monetary compensation from you, suspending or terminating your BiKing account (if any), or suspend your access to the Platform and/or Website. BiKing also reserves the right to limit or prohibit your future use of any and all BiKing Services.
25.3 Records. You agree that BiKing may record any communications we have with you in relation to these Terms, whether by electronic communications, telephone communications, video calls or otherwise, and that any records maintained by BiKing will constitute evidence of the communications between you and us. . You agree that BiKing may record telephone conversations and video calls so that we can respond to inquiries, ensure compliance with applicable laws, improve BiKing services and provide customer support.
Your duties and responsibilities
26. Prohibited use
Without prejudice to any other restrictions or limitations in these Terms, you agree that by opening a BiKing account, neither you nor any permitted user will:
a. Violate these Terms or any agreement entered into under these Terms or any agreement related to these Terms (including but not limited to any Product Terms);
b. Use BiKing services in a manner that violates public interests, public morals or the legitimate interests of others, including any behavior that interferes with, damages, has a negative impact or prevents other users from using BiKing services;
c. Use the BiKing service for resale or commercial purposes, including conducting transactions on behalf of other persons or entities, except as expressly agreed to by BiKing in writing;
d. Use the BiKing service to carry out any behavior (market manipulation) that in the opinion of BiKing is intended to control or artificially affect the price of any digital asset, regardless of whether prohibited by applicable law, including but not limited to pump and dump scams, brushing, Self-dealing, front-running, stuffing, and spoofing or layering;
e. Participate in fraudulent activities or cause BiKing to suspect that you or any permitted user is involved in fraudulent activities and/or transactions;
f. Use the BiKing service to conduct sweepstakes, bidding fee auctions, sports event predictions or odds calculations, fantasy sports leagues that provide cash prizes, online games, contests, winner-take-all, or games of chance;
g. (1) During the claim period, accept or attempt to accept funds provided by BiKing and another user at the same time for the same transaction; (2) In a manner that causes or may cause BiKing, other users, third parties or yourself to be harmed Complaints, disputes, claims, revocations, refunds, fees, fines, penalties or other liability for conducting business or using the BiKing service; (3) allowing your BiKing account to own digital assets with negative value or quantity;
h. In communications with BiKing, provide false, inaccurate or misleading information to BiKing regarding the use of BiKing services or other aspects related to these Terms;
i. (1) Use any deep link, crawler, robot, spider or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform , or in any way copy or circumvent the navigational structure or presentation of the BiKing Service in order to obtain or attempt to obtain any materials, documents or information through any means other than those specifically provided by the BiKing Service; (2) through hackers, Cracking passwords or any other illegal or prohibited means, attempting to gain unauthorized access to any portion or feature of the Platform, or any other system connected to the BiKing Service or any BiKing server or any BiKing service provided through the Platform or network; (3) detect, scan or test the vulnerability of the BiKing Service or any network connected to the Platform, or violate any security or authentication measures of the BiKing Service or any network connected to the BiKing Service; (4) Reverse Find, track or attempt to track any information of any other users or visitors of the BiKing Service; (5) take steps to take action against the BiKing Service or BiKing’s systems or network infrastructure, or any system or network connected to the BiKing Service Any measure that imposes an unreasonable or disproportionately large load on our infrastructure; (6) Use any device, software or routine to interfere with the normal operation of the BiKing Service, or any transactions on the BiKing Service, or any other person's interference with the BiKing Service use; or (7) forge headers, impersonate or otherwise manipulate authentication to disguise your identity or the origin of any message or transmission sent to us;
j. Modify or adapt the entire Platform or any part of the Platform, or merge or incorporate the Platform into another program or application;
k. Disassemble, decompile, reverse engineer or otherwise attempt to derive the source code, object code and basic concepts, ideas and algorithms of the Platform or its components;
l. Modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, delete or change any copyright notice or label, or license, sublicense, sell, mirror, frame, rent, Lease, privately label, grant a security interest in, such BiKing Intellectual Property or any portion of the Intellectual Property, or create derivative works or otherwise exploit any portion of the BiKing Intellectual Property;
m. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, harmfully interfere with, surreptitiously intercept or expropriate any system, data or information related to the BiKing Service;
n. (1) Use anonymous agents; (2) Use any temporary, one-time, self-destructing or similar email addresses when opening a BiKing account and/or using BiKing services; (3) Use any device, software or example Run programs that bypass BiKing's automatic exclusion headers, or interfere or attempt to interfere with BiKing's website or BiKing services; and (4) take any action that may cause BiKing to lose any service provided by its Internet service provider or other supplier;
o. Establish or purport to establish any guarantee for the legal currency or digital assets held in any of your BiKing accounts without the prior written consent of BiKing;
p. Violate or attempt to violate (1) any applicable law; or (2) the copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy of BiKing or any third party; and/or
q. (1) directly or indirectly access, use or attempt to access or use BiKing services in jurisdictions deemed high risk by BiKing, including but not limited to Cuba, Iran, North Korea, Syria; or (2) with BiKing regards high-risk groups who directly or indirectly access, use or attempt to access or use BiKing services, including but not limited to any list of the United States, the United Kingdom, the European Union or the United Nations (including the sanctions list maintained by the United States Office of Foreign Assets Control, or the United States Commerce A person or entity listed as a restricted individual or group on a Denied Persons List or Entity List maintained by the Department.
27. Representations and Warranties
You hereby represent and warrant to BiKing that at all times you will ensure:
a. All documents and information provided by you to BiKing are true, accurate, complete and up-to-date in all respects, and BiKing may rely on them to determine whether you are eligible to access the platform or use BiKing services;
b. All decisions related to these terms are based entirely on your own judgment, which is your judgment after an independent assessment of your own financial resources, ability and willingness to bear relevant risks and achieve financial goals;
c. You have full power, authority and ability to (1) access and use the Platform and/or BiKing Services; (2) sign, deliver and perform your obligations under and pursuant to these Terms or in connection with these Terms obligations under any agreement, including but not limited to any Product Terms;
d. If you are a partner in a corporation, partnership, or trustee of a trust:
i. the corporation, partnership or trust has been and will continue to be operated in a manner consistent with applicable law and any partnership deed or trust deed (or other similar instrument);
ii. If any director, partner, trustee, custodian, ultimate beneficiary or anyone authorized to operate your BiKing account has any changes due to resignation, dismissal, appointment or death, you will immediately notify us; and
iii. You will promptly notify us in the event of voluntary or involuntary dissolution of the company, partnership or trust;
e. have been unconditionally obtained in writing and disclosed to BiKing in writing that you (1) access and use the platform and/or BiKing services; transactions contemplated under any agreement or in connection with these Terms, all third party consents, licenses, authorizations, approvals and agreements required, and any regulators, government departments, commissions having jurisdiction over you All authorizations, approvals, licenses, consents, registrations, declarations, filings by, agencies or other organizations and have not been withdrawn or modified;
f. These Terms and any agreement entered into hereunder or as a result of these Terms constitute valid and legally binding obligations and are enforceable against you in accordance with their respective terms;
g. You are not a restricted person;
h. If you are a legal entity, you are duly registered, duly incorporated and validly existing in your jurisdiction and have full authority to transact your business. If you are an individual, you are not under 18 years of age; and
i. Your access to and use of the Platform and/or BiKing Services, execution, transaction and performance of your obligations under these Terms and any agreements entered into hereunder or as a result of these Terms will not:
i. cause a breach or conflict with any provision of your constitution, articles of incorporation, partnership agreement, trust deed or equivalent organizational document (if you are a legal entity, a partner in a partnership or a trustee of a trust);
ii. result in a breach or constitute a breach of any instrument, agreement, document or undertaking to which you are a party or by which you or any of your property is bound or subject; and
iii. cause you, or cause us or any third party, to violate any applicable law, statute or judgment of any court, or any award of any arbitrator, or award of any governmental or regulatory authority in any jurisdiction.
28. Technical Disclaimer
28.1. No representations or warranties are made.
The BiKing service and any information provided on the website and platform, including chat services, are provided "as is" and "as available" without any representation or warranty, express or implied, to the fullest extent permitted by applicable law. Specifically, BiKing disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement. BiKing does not represent or warrant that access to the Site, the Platform, any of your BiKing accounts, the BiKing Services, or any materials contained therein will be continuous, uninterrupted, timely, or error-free. This may result in a period of inability to conduct transactions on the platform and may also cause delays.
28.2. Suspension of access.
BiKing may suspend access to BiKing accounts and/or BiKing services from time to time to conduct scheduled maintenance and emergency maintenance. BiKing will use reasonable efforts to ensure that transactions on the platform are processed in a timely manner, but makes no representation or warranty as to the time it will take to complete processing, which depends on many factors beyond our control.
28.3. Content.
Although we will use reasonable efforts to update the information on the website and platform, we do not make any express or implied representations, warranties or guarantees that its content, including information related to the BiKing service, is accurate, complete or up-to-date.
28.4. Third Party Websites.
Links to third-party websites (including without limitation content, materials and/or information on third-party websites) are provided as a convenience, but they are not under our control. You acknowledge and agree that BiKing is not responsible for any aspect of the content, materials, information or services contained on any third-party websites that may be accessed or linked from the Platform or Website.
28.5. Network access and compatibility:
You are solely responsible for obtaining the data network access required to use the BiKing service. You are solely responsible for obtaining and updating the compatible hardware or equipment required to access and use the BiKing service, website and any updates thereto. BiKing does not guarantee that the BiKing Service, or any part thereof, will run on any specific hardware or equipment. The BiKing service may be affected by failures and delays inherent in the Internet and electronic communications.
29. Compensation
29.1. Third Party Claims.
You shall indemnify and hold BiKing harmless from and against any claim, action, action, demand, controversy, accusation or investigation brought by any third party, government agency or industry body, and shall be harmless from or in any way related to all claims, liabilities, damages (actual and indirect), losses (including any direct, indirect or OTHER REASONABLE ATTORNEYS' FEES AND OTHER PROFESSIONAL COSTS AND EXPENSES ("LOSSES"):
a. You access or use BiKing Account and/or BiKing Services;
b. your breach or alleged breach of these Terms, or your breach of any other term or sub-clause of these Terms, including any Product Terms and any other terms and conditions incorporated by reference;
c. You violate any applicable law; and
d. Your violation of the rights of any third party.
29.2. Control.
BiKing reserves the right to control the defense of any third-party claims subject to indemnification by you, in which case you shall cooperate fully with us in asserting any defense. You may not settle any claim or loss without BiKing's prior written consent.
29.3. Disclaimer.
You hereby agree to release BiKing from any and all rights and interests arising directly or indirectly from any dispute between you and any other user or other third party arising out of or relating to BiKing services (including any digital asset transactions) or the subject matter of these Terms. All claims and demands (and waive any rights you may have against BiKing for any damages you may suffer or incur).
30. Liability
30.1 BiKing’s liability for compensation.
The liability of BiKing and BiKing Alliance partners to you or any third party under any circumstances shall be limited to the amount of reasonably foreseeable actual loss or damage directly caused by BiKing’s violation of these terms, and in any case must not exceed the amount paid by you to BiKing in the 12 months prior to the event giving rise to the loss. The compensation amount will be paid to you in full by BiKing as the final settlement amount and fully repays the full liability of BiKing and any BiKing alliance partner for any and all losses and claims arising from breach of contract for any reason. You acknowledge and agree that neither BiKing nor any BiKing Alliance partner has any knowledge of any of your special circumstances, that damages shall be an adequate remedy, and that you shall not be entitled to any other claim or remedy at law or in equity, including but not Limited to any claim in title, injunction and/or enforcement.
30.2 Limitation of Liability.
Notwithstanding other provisions in these Terms, in no event shall BiKing or any BiKing Alliance Partner be liable to you or any other person or entity for:
a. Any direct or indirect loss (including loss of profits, business or opportunity), damages or costs arising out of or in connection with these Terms, including but not limited to:
i. Any risks identified in the "Risk Warning" (updated from time to time);
ii. the operation, functionality, security or usability of any digital asset underlying protocol;
iii. Whether the guaranteed digital assets are preserved, or whether each issuer of the guaranteed digital assets holds sufficient reserves for any guaranteed digital assets;
iv. any act or omission to act pursuant to these Terms;
v. Any inaccuracies, defects or omissions in digital asset price data, any errors or delays in the transmission of such data, and any interruption of such data;
vi. Regular or irregular maintenance by BiKing, including any service interruptions and changes caused by such maintenance;
vii. Devices that support access to and use of BiKing Services are stolen;
viii. any damages caused by other users' actions, omissions or violations of these Terms and any other third party actions;
ix. (1) any damage or disruption that may affect your computer or other equipment caused by computer viruses, spyware or other malware, or any phishing, spoofing or other attacks; (2) failure of your hardware, Damage or destruction, or any records or data stored on your hardware are damaged or lost for any reason; or (3) your use of the Internet to connect to the BiKing service, or any technical problems, system failures, failures, communication line failures, high internet traffic or demand, related problems, security breaches or any similar technical problems or defects;
x. BiKing decides to reject your application to open a BiKing account in accordance with Article 7.1;
xi. Any termination, suspension, suspension or restriction of any BiKing account or BiKing service, including your inability to withdraw digital assets, issue instructions or conduct transactions in accordance with these Terms or any Product Terms during any suspension, suspension or restriction period;
xii. Any trading restrictions imposed on your BiKing Account pursuant to Clause 14.1;
xiii. BiKing makes any choice to support or not support digital assets in accordance with Article 15.1;
xiv. BiKing cannot contact you through the contact information you provided in accordance with Article 3.2;
xv. BiKing closes dormant accounts in accordance with Article 19.3;
xvi. Failure to complete the transaction in accordance with clause 12.1 or failure to meet any of its transaction completion time periods;
xvii. Market making activities carried out by market makers in accordance with Article 13.2;
xviii. Any instructions issued by BiKing based on your BiKing account or email address;
xix. BiKing refuses to execute any order or delays in executing any order in accordance with Article 11.1;
xx. Any security violations or security holes in your email address;
xxi. The losses caused to you only involve third-party fraud or fraud that uses BiKing as the recipient of your legal currency or digital assets, or converts fiat currency into digital assets at your request, or transfers digital assets out of the BiKing platform;
xxii. Any losses arising from or related to newly issued digital assets, initial coin offerings (ICOs), or decisions to list or not list digital assets on the platform;
xxiii. The correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, price or continued availability of the BiKing Services, or delays or omissions in the BiKing Services or in providing or maintaining your access to the BiKing Services. any failure of connection or communication services to the Service, or any interruption or corruption of your access, or any communication error between us for any reason, and
xxiv. Any transactions, any instructions issued, or any operations carried out by you or claimed to be carried out through your email or BiKing account;
b. Any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated, incidental, indirect or consequential loss or damage, whether caused by the BiKing website, platform, your BiKing account, BiKing services , these Terms, the Product Terms, the Privacy Notice and/or arising out of or in connection with any agreement entered into under these Terms or otherwise; and/or
c. Any loss forming part of a claim that is not resolved through formal legal proceedings commenced within one calendar year after the event giving rise to the claim. You agree and acknowledge that these Terms will modify any limitation period provided by law and that if applicable law prohibits this, these Terms will be construed as limiting the minimum enforceable period. Without prejudice to the generality of the foregoing, please note Section 32: Claims may only be resolved by binding arbitration.
30.3 Damage or Interruption.
BiKing is not responsible for any damage or disruption caused by computer viruses, spyware, malware, Trojan horses, worms or other malicious software that may affect your computer or other devices, or for any phishing, spoofing or other attacks. BiKing recommends regularly using reputable and readily available virus screening and prevention software to check for viruses. You should also be aware that SMS and email services are susceptible to spoofing and phishing attacks, and you must be wary when viewing messages purporting to be from BiKing. You and the Licensed User (where relevant) are solely responsible for the security of all login credentials (including usernames and passwords) and shall keep your account security details securely at all times.
Dispute Resolution: Waiver of Court, Arbitration, Class Actions
For the avoidance of doubt, nothing in this Section will deprive you of any legal rights you may have under applicable law.
31. Notice of Claims and Dispute Resolution Period
31.1. If you have any questions about the service, please contact BiKing for resolution first. If possible, BiKing hopes to resolve your concerns without resorting to formal legal proceedings. If the first resolution of your concerns does not satisfy you, BiKing will send you a work order. Once a work order is issued, the internal dispute resolution process will automatically start. BiKing will attempt to resolve the dispute internally as quickly as possible. The parties agree to negotiate in good faith to resolve the Dispute (dispute discussions held to resolve the Dispute shall be confidential and subject to the provision that settlement discussions may not be used as evidence in any legal proceedings).
31.2. If the dispute cannot be resolved to your satisfaction and you wish to make a claim against BiKing, you agree to state the basis for such claim in writing in a "Notice of Claim" and send it to BiKing as a prior notice. king. The Notice of Claim must (1) describe the nature and basis of the claim or dispute; (2) describe the specific relief sought; (3) provide the original ticket number; and (4) include the email address of your hosting account. Notices of claims should be submitted to the following URL: https://www.wang.tel. After you submit a notice of claim to BiKing, the dispute mentioned therein may be submitted to arbitration by either BiKing or you in accordance with the following terms (Arbitration Agreement).
31.3. For the avoidance of doubt, submission of the dispute to BiKing for internal resolution and the sending of a notice of claim to BiKing are prerequisites to the commencement of arbitration proceedings (or any other legal proceedings).
31.4. During the arbitration, any settlement amount proposed by you or BiKing shall not be disclosed to the arbitrator.
32. Arbitration Agreement
32.1. Unless applicable law provides otherwise or provides you with other options, you agree that, subject to the above terms (claim notice and dispute resolution period), any claim shall be settled by the Singapore International Arbitration Center (Singapore International Arbitration Center) "SIAC") shall conduct binding final and binding individual (not class) arbitration awards in accordance with the SIAC Rules then in effect, which rules are incorporated by reference into the terms of these Rules.
32.2. The place of arbitration shall be Hong Kong.
32.3. The arbitral tribunal shall consist of one (1) arbitrator, who shall be appointed in accordance with the rules of the Hong Kong International Arbitration Center for the time being in force.
32.4. The language of arbitration shall be English.
32.5. You and BiKing further agree that the arbitrator shall have the exclusive authority to make an award in its own jurisdiction, including but not limited to any dispute concerning the existence, scope or validity of the arbitration agreement or the arbitrability of any claim. Exclusive authority to rule on objections.
32.6. The arbitration clause provided in this Article will survive the termination of these Terms.
32.7. Limitation Period for Claims: Any arbitration against BiKing must be filed within one (1) year after the date the claiming user first discovered or should have discovered the alleged act, omission or breach giving rise to the claim (“Limitation Period”), in accordance with The Hong Kong International Arbitration Center Rules govern the manner of filing and serving a notice of arbitration. For the avoidance of doubt, the limitation period shall include the dispute resolution period specified in Section 31.1. If the user fails to submit and serve the notice of arbitration of any claim to BiKing within the limitation period, the user shall not be entitled to any remedy or relief for the relevant claim. If the limitation period conflicts with applicable law, the user must file any claim against BiKing within the shortest time allowed by applicable law. The "Notice of Arbitration" can be served on BiKing in accordance with applicable laws and service rules.
32.8. Note: If BiKing initiates arbitration against you, BiKing will send a notice to the email or mailing address you provided. You agree that any notices sent to such email or mailing address will be valid for any purpose, including, without limitation, to determine the adequacy of the Services. You are responsible for ensuring that the email and/or mailing address on file with BiKing is current and accurate.
33. Confidentiality
33.1. The parties agree that the arbitration shall be confidential. The existence of the arbitration, the fact of the existence of a claim or its content, all documents and information provided or exchanged in connection with the arbitration, submissions made during the course of the arbitration, any order made or award rendered shall be kept confidential except by the arbitral tribunal , Hong Kong International Arbitration Centre, the parties, their lawyers, experts, witnesses, accountants and auditors, insurance companies and reinsurers and any other personnel necessary for the conduct of the arbitration, neither party shall disclose any of the above information to any third party. Notwithstanding the foregoing, either party may disclose the following Confidential Information:
a. If the written consent of the other party has been obtained;
b. to the extent required by Applicable Law or the regulations of any competent regulatory or supervisory authority to which the Party is or may be bound, or pursuant to any order of a court or other competent authority or tribunal of competent jurisdiction;
c. In connection with any bona fide legal proceedings commenced, conducted or defended by a party to enforce or challenge any award made in the arbitration; and
d. Relevant confidential information has entered the public domain other than as a result of breach of this Agreement.
The confidentiality provisions of these Terms shall survive the termination of these Terms and the conclusion or suspension of any arbitration initiated under these Terms.
34. Governing law
Unless applicable law provides otherwise or provides you with other choices, these Terms (including this Arbitration Agreement) shall be governed by and construed in accordance with the laws of Hong Kong.
35. WAIVER OF CLASS ACTION
You and BiKing agree that any claim shall be brought to arbitration in an individual capacity before BiKing, not as a purported class or representative plaintiff or class member. To the extent permitted by applicable law, you further agree to waive any right to bring, hear or arbitrate such claims as a class action, class action, representative action, or private attorney general proceeding. Individual arbitrations may not be combined or consolidated into one arbitration without the consent of BiKing.
General rules
36. General Terms
36.1. Governing Law.
You and any Licensed Users must comply with all applicable laws, licensing requirements and rights of third parties (including data privacy laws and anti-money laundering and countering the financing of terrorism laws) when using the Bee King Services, your Bee King account and the Platform.
36.2. Notifications.
BiKing may send notifications via email to your email account. It is your responsibility to ensure that you provide an up-to-date and accurate email account. If the notice is sent by email account, it is deemed to have been sent and received regardless of whether you have received a notice of delivery failure.
You can only send notices to BiKing in accordance with the instructions of BiKing, which may change from time to time.
Any notice, consent or other communication under these Terms must be in writing, in the English language, and signed or otherwise authorized by the party giving it.
36.3. Announcements.
All official announcements, news, promotions, contests and airdrops will be announced on the official website. These announcements are important and may relate to concerns that may affect the value or security of your digital assets. It is your sole responsibility to follow the official website, read and consider announcements.
36.4. Entire Agreement.
These Terms, together with any applicable Product Terms, constitute the entire agreement between you and BiKing with respect to BiKing Services. Each party acknowledges that it has not relied upon, and has no rights or remedies in respect of, any statement, representation, warranty or guarantee (whether or not made negligently or unintentionally) other than expressly stated in these Terms or any Product Terms.
36.5. Assignment.
You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of BiKing. However, BiKing may assign or transfer any rights or obligations under these Terms to any other person at any time, including but not limited to rights or obligations related to any merger, acquisition or other corporate reorganization of BiKing.
36.6. Invalid.
If at any time any clause or sub-clause of these Terms becomes unlawful, void or unenforceable in any respect, the legality, validity or enforceability of the remaining clauses or sub-clauses will not be affected or impaired in any way. .
36.7. Records.
You agree: BiKing may record any calls, emails sent, chat conversations, and any other forms of communication between BiKing and you, including the sending of instructions or transactions between you and BiKing. communications, and you agree that such records may be used in evidence in any proceeding relating to any agreement with you. These records will be completely owned by BiKing.
36.8. Language.
These Terms may be translated into languages other than English. Any such translations are provided solely as a convenience to you. In case of conflict or inconsistency, the English text shall prevail.
36.9. Third Party Rights.
Except in relation to the BiKing Alliance partners, nothing expressed or mentioned in these Terms shall be construed as imposing any legal or equitable liability under or in connection with these Terms or any clause or sub-clause thereof. rights, remedies and claims to anyone other than a party to these Terms. These Terms and all clauses and sub-clauses thereof are intended solely for the benefit of the parties to these Terms and their successors and permitted assigns.
36.10. Survival.
All clauses and sub-clauses under these Terms which by their nature survive the expiration or termination of these Terms will continue to be binding and have effect after the termination or expiration of these Terms.
36.11. Relationship Between the Parties.
BiKing is not your agent to enforce these terms. Nothing in this clause shall be construed as a fact or evidence of an association, joint venture, partnership or franchise between the parties.
36.12. Digital Assets.
Biking records the quantity and type of any digital assets under your name in your BiKing account. BiKing is not the custodian of any digital assets under your name, and does not assume custodian responsibility for any digital assets under your name. When you instruct BiKing to transfer or otherwise handle digital assets, BiKing will not use any specific digital asset (no matter how identifiable it is) to execute your instructions. According to the provisions of this clause, when BiKing executes your instructions, it will use the same type of digital assets as the amount of digital assets credited to your BiKing account.
36.13. Force majeure.
When performance is delayed or unable to be performed due to force majeure events, BiKing shall not be liable for any delay or failure in performance specified in these Terms.
36.14. No waiver.
Any delay or failure by BiKing to exercise any right or remedy under these Terms shall not be deemed a waiver of any future exercise of such right or remedy, nor shall it be deemed a waiver of any other right or remedy under these Terms. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by applicable law.
36.15. Offset.
In addition to any legal or other remedies provided by these Terms or by law, BiKing may offset any amounts you owe BiKing under these Terms or other provisions. You must pay all amounts owed to BiKing without any form of offset, counterclaim, deduction or withholding, except where offset, counterclaim, deduction or withholding is required by applicable law.
36.16. Privacy of Others.
If you receive information about another user through the Platform or by using the BiKing Services, you must keep such information confidential and use such information only in connection with the BiKing Services, and at all times in accordance with applicable law use of such information. You may not disclose or distribute any User Information to third parties or use such information in any manner other than as reasonably necessary to effect the transaction.
36.17. Announcement of Violations.
If you violate these Terms, BiKing may publish or otherwise provide BiKing users with details of your violation (including any information you provide to BiKing). BiKing will only do so when it judges that this measure is necessary to protect other users or comply with applicable laws.
36.18. Death of the BiKing account holder.
If you die or become incapacitated, your estate representative or surviving family (one or more persons), must notify BiKing in writing as soon as possible. If we have reason to believe that you have died, we may suspend your BiKing account. Your BiKing account will be suspended until:
a. Your estate representative or authorized beneficiaries, (1) create a BiKing account in accordance with these Terms; or (2) provide wire transfer instructions; and
b. Provide sufficient legal documents to prove that they have the right to receive assets in your BiKing account; or
c. You provide evidence that meets the need to prove that you are not deceased.
The beneficiary receiving the wire transfer will receive the liquidated value of the assets in your BiKingAccount, less any fees and costs associated with the transfer. Whether BiKing can provide your representatives with the assets in your BiKing account depends on the provisions of applicable laws and the restrictions set forth in these terms. Biking does not commit to any specific timetable for asset transfers in your BiKing account.
36.19. Taxation. It is your sole responsibility to determine the taxes, if any, that apply to payments you make or receive, and it is your sole responsibility to remit, report and remit the correct taxes to the relevant tax authorities. You agree that BiKing is not responsible for determining whether any tax applies to your use of BiKing Services, nor is it responsible for remitting, reporting or disbursing any taxes arising from any transaction or use of BiKing Services.
You understand that BiKing may submit certain reports to tax authorities regarding transactions conducted through the Platform, and BiKing may, in its sole discretion or as required by applicable law, provide you with additional documents or records that you need to calculate any taxes. BiKing may also withhold and deduct at source any tax payable under applicable law in our sole discretion.
37. Definitions and interpretations
Under these terms:
a. The headings and numbering of these clauses are for convenience only and shall not affect the meaning, priority or interpretation of any clause or sub-clause thereof;
b. Expressions such as "include" or "include" mean including but not limited to;
c. A promise to do or not to do something shall be deemed to include a promise not to permit or accept doing it;
d. words denoting the singular include the plural and vice versa and words denoting gender include any gender;
e. references to any document refer to the document as amended, changed or updated from time to time and do not refer to a breach of these Terms or that document; and
f. In the event of any inconsistency in the provisions of these Terms (including any documents referred to therein), the provisions and documents shall apply in the following order of priority:
i. "Product Terms";
ii. "Privacy Notice";
iii. These Terms.
g. Unless the context requires otherwise, the following terms shall have the following meanings:
Access ID refers to your BiKing account details, username, password, personal identification number, API key, API encryption key or any other code or form of authentication by which you access your BiKing account or BiKing services or send instructions.
Account History means the written records (including electronic records) of your transactions and your BiKing Account.
API refers to application program interface.
Applicable Law means all relevant or applicable regulations that apply to the provision, receipt or use of the BiKing Services, or to the provision, use or acceptance of any other products or deliverables in connection with the BiKing Services, these Terms or any Product Terms , law (including common law rules), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgments, bye-laws, awards, instructions, proclamations, circulars, mandatory codes of conduct, guidelines, notes of practice and interpretations (whether of government agencies, regulatory or other bodies, or self-regulatory organizations of which BiKing is a member).
Secured Digital Assets have the meaning set forth in Section 15.3.
BiKing, we or our refers to BIKINGEX PTE.LTD (a company registered under the laws of Singapore, registration number is 202120370C, registered address is 103, TAMPINES STREET 86 #03-06, THE ALPS RESIDENCES, SINGAPORE 528576.
BiKing account refers to any account opened by BiKing that records your use of BiKing services.
BiKing Alliance Partner refers to any other person who directly or indirectly controls BIKINGEX PTE.LTD, is controlled by BIKINGEX PTE.LTD, or is under common control with BIKINGEX PTE.LTD in terms of BIKINGEX PTE.LTD.
For BiKing, BiKing API refers to the API provided to you by BiKing alliance partners in the form of services or third-party applications that rely on this API.
BiKing services refer to the services BiKing provides to you through the platform.
Chat Service has the meaning set out in Section 5.
Claim means any dispute, claim, disagreement or controversy between you and BiKing (and/or any BiKing Alliance partner) arising out of, relating to or in any way related to:
(a) these Terms or any Product Terms, including their existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability or invalidity consequences;
(b) the relationship between you as a user and BiKing (and/or any BiKing affiliate) (whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claim is during or after the termination of these Terms); or
(c) any non-contractual obligations arising out of or in connection with these Terms, any Product Terms, or your relationship with BiKing (and/or any BiKing Affiliate).
Control refers to the power of one person to ensure that the affairs of another person are carried out in accordance with the wishes of the first person. Control methods include:
(a) (in the case of a corporation) as the beneficial owner of more than fifty percent (50%) of the issued share capital or voting rights of the corporation; or the power to appoint and remove a majority of the directors; or by virtue of constitutional documents, shareholder agreements, any authority conferred by a majority of the board of directors or any other document governing the affairs of the corporation, to control voting at meetings of the corporation's board of directors; or by any other means; or
(b) in the case of a partnership, as the beneficial owner of more than fifty percent (50%) of the partnership's capital; or by virtue of any powers conferred by the Partnership Agreement or any other document governing the affairs of the partnership, The right to control the composition of the partnership's management or a majority of the voting rights; or by any other means.
Digital asset means a digital representation of value or rights that can be transferred and stored electronically using distributed ledger technology or similar technology, including but not limited to cryptocurrencies, stablecoins, non-fungible tokens and any other tokens of digital assets Monetized derivatives.
Dominant digital asset refers to a forked digital asset that has a dominant position compared with other one or more versions of digital assets after the fork adopted by BiKing at its sole discretion.
Email account refers to the email account associated with your BiKing account that you have agreed with BiKing from time to time in accordance with any process determined by BiKing when you use the Platform.
Fiat currency means any national or supra-sovereign currency issued by a government or central bank, or any other monetary obligation denominated in such currency that is not a digital asset.
Force majeure events refer to:
a. Any fire, strike, riot, civil commotion, act of terrorism, war or industrial action;
b. Any natural disaster such as floods, tornadoes, earthquakes and hurricanes;
c. Any epidemic, epidemic or public health emergency that triggers national or international concern;
d. Any bill or regulation enacted by the government, supranational agency or authority that BiKing believes prevents BiKing from providing BiKing services on the platform;
e. Any BiKing alliance partner is suspended or closed;
f. Nationalization of any BiKing Alliance partner;
g. The government imposes restrictions or abnormal terms on any digital assets traded on the BiKing platform;
h. Excessive changes in the price, supply or demand of any digital asset;
i. Technical failure of transmission, communications or computer facilities, including power failure and electronic or equipment failure;
j. Any supplier, intermediary broker, agent, primary custodian, sub-custodian, dealer, trading platform, pledge platform, liquidity pool, bridge provider, issuer of secured digital assets, market maker , the clearing house or regulatory agency fails to perform its obligations to BiKing;
k. Liquidity providers do not provide or are unable to provide liquidity to BiKing;
l. Any labor or labor dispute, strike, industrial action or lockout (other than industrial action or lockout taken by BiKing or BiKing Alliance partners); and/or
m. Events that substantially disrupt digital asset markets, which may include excessive movements in price, supply, or demand for digital assets, whether regulated or unregulated.
Fork refers to the basic operating rules of certain digital assets, which may occur from time to time in any planned, unplanned, sudden, pre-arranged, expected, unexpected, publicized, unknown, mutually agreed and/or disputed Changes that result in the creation of one or more related versions of an existing digital asset.
Forked digital assets refer to digital assets generated by forks.
Instructions refer to any instruction, request or order that you or the user permits to issue to BiKing in relation to the operation of your BiKing account, or instructions that BiKing may require to execute any transaction through such media, in such a form and in such a manner.
Intellectual Property Rights means: (a) copyrights, patents, database rights and rights to trade marks, designs, know-how and confidential information, whether registered or not; (b) applications for registration of any of the foregoing rights and applications to register any of the foregoing rights; and (c) all other intellectual property rights and equivalent or similar forms of protection that exist anywhere in the world.
"Prohibited Countries List" means the list of countries accessible via.
Local Terms refer to the terms stipulated in any particular jurisdiction that govern your use of the BiKing Services.
Loss has the meaning set out in Clause 29.1.
Obvious error refers to any error, omission or misquote that is obvious or easily perceived (whether it is the error of the currency king or any third party), including the wrong quotation made by any representative of the currency king taking into account the current market and current advertising quotations , or any errors in any information, sources, officers, official results, or pronunciations.
Mobile App refers to any mobile application developed or provided by BiKing or any BiKing alliance partner that enables you to use or otherwise access BiKing services.
Permitted User means any person designated by you in accordance with these Terms who is authorized to handle any BiKing Enterprise Account on behalf of the user and who notifies us.
Platform refers to the digital platform through which BiKing or any BiKing alliance partner can provide BiKing services to you through the official website, mobile App, BiKing API or other methods specified by BiKing alliance partners from time to time.
"Privacy Notice" means the privacy notice posted on https://www.wang.tel.
"Product Terms" refers to the product-specific terms and conditions applicable to the use of BiKing Services in addition to these Terms.
Regulatory Authority means any foreign, domestic, state, federal, municipal or local government, executive, legislative, judicial, executive, supervisory or regulatory authority, agency, quasi-governmental agency, court, commission, governmental organization, self-regulatory organization having a regulatory authority, A court, arbitral tribunal or panel or supranational organization, or any of its departments or agencies, including any tax authority.
A Restricted Person is an individual or legal entity that: (a) is listed on any trade embargo or economic sanctions, terrorist or corrupt foreign official list (lists issued by government agencies, such as the United Nations Security Council Sanctions List, including the U.S. A person or legal entity on the list of Specially Designated Nationals maintained by the Treasury Department's Office of Foreign Assets Control (OFAC), or the U.S. Department of Commerce's Denied Persons or Entities List, or a list published by the United Kingdom, the European Union, or Canada); or (b) Any person or legal entity residing, established or operating in any country listed on the Prohibited Countries List.
Risk warning refers to the general risk warning published on the official website.
Security vulnerability refers to
a. Your BiKing account or any of your access IDs have been leaked;
b. Any of your access IDs is lost, stolen or used without authorization, or your BiKing account or BiKing services are accessed and used on your behalf without your authorization; or
c. Any other security incidents (including network security attacks) affecting you and/or BiKing.
Website refers to the official website of BiKing and any other website, page, function or content owned or operated by BiKing.
Supported digital assets refer to the digital assets that you can use when using the BiKing service.
Terms means these Terms of Use, and any other document expressly incorporated by reference, including the Product Terms, all of which may be amended or supplemented from time to time.
Trademarks refer to the intellectual property rights in the trademarks, service marks and logos used and displayed on or through the Platform, Website and/or BiKing Services.
Transaction means selling, buying or conducting any other type of transaction, or agreeing to sell/purchase or conduct transactions related to digital assets, their derivatives, other assets or any other products that BiKing allows the platform to conduct from time to time, and to transfer digital assets to Or deposit fiat currency into your BiKing account or withdraw it from your BiKing account.
User intellectual property rights refer to the intellectual property rights you own or are licensed to you on the effective date of these Terms, and any other intellectual property rights you own, obtain or license to you after the signing date of these Terms, excluding BiKing intellectual property rights.
User Materials means any comments, posts, information, data and comments provided by you or other users to BiKing through the Website (through BiKing’s “Contact Us” page or otherwise), Platform, use of BiKing services or otherwise. Intellectual Property Rights Contained.
The official website refers to the website with the URL: https://www.bikingex.com
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