Terms & Conditions
These Terms & Conditions constitute an electronic and legally binding agreement between you (“User”) and ROKKEX OÜ, registered address Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 5, 10117 Estonia, (“ROKKEX”) that governs User’s access to and use of this website, any and all Services, products and content provided by ROKKEX.
These Terms & Conditions contain important provisions, which the User must consider carefully when choosing whether to visit the Site and use the Services, products, and content of ROKKEX. Please read these Terms & Conditions carefully before agreeing to them.
The User is solely responsible for understanding and complying with any and all laws, rules, and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all Services, products and content of ROKKEX.
By accessing ROKKEX website, Services, products, and content, User agrees to be bound by these Terms & Conditions.
1.1.Capitalized terms used in these Terms shall be interpreted in accordance with the definitions provided below:
1.1.1.Account means an account registered by the User on the Platform.
1.1.2. Anti-Corruption means all laws applicable to each Party prohibiting corruption or bribery of government officials, kickbacks, inducements, and other related forms of commercial corruption or bribery.
1.1.3. AML means anti-money laundering, including all laws applicable to the Parties prohibiting money laundering or any acts or attempted acts to conceal or disguise the identity or origin of, change the form of, or move, transfer, or transport illicit proceeds, property, Funds, Fiat currency or Cryptocurrency, including but not limited to the promotion of any unlawful activity such as fraud, tax evasion, embezzlement, insider trading, financial crime, bribery, cyber theft or hack, narcotics trafficking, weapons proliferation, terrorism or economic sanctions violations, which may also require internal controls to detect, prevent, report and maintain records of suspected money laundering or terrorist financing.
1.1.4. Base Currency means the first symbol in the trading pair.
1.1.5. Buyer means the User who submits an Order to buy Cryptocurrencies through the Platform.
1.1.6. Commission means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institutions, payment service provider, etc.).
1.1.7. Cryptocurrency means a peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).
1.1.8. Deposit means a Transaction involving transfer of Funds to the Account.
1.1.9. Fiat currency means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation or law.
1.1.10. Funds means Cryptocurrency and/or Fiat currency.
1.1.11. Margin Trading means leverage trading when the User may trade with borrowed Funds instead of his/her own (i.e. open a position using less of own Funds than the actual amount of this position).
1.1.12. Order means the User’s instruction to buy or sell Cryptocurrency.
1.1.13. Personal Information (personal data) means any information which identifies you personally of which may help us to identify you (e.g. your name, address, e-mail address, trades, etc.).
1.1.14. Platform means an environment created by ROKKEX that allows to trade Cryptocurrencies.
1.1.15. Seller means the User who submits an Order to sell Cryptocurrencies through the Platform.
1.1.16. Services means all and any service provided by ROKKEX.
1.1.17. Site means ROKKEX website at https://www.rokkex.com.
1.1.18. Storage means ROKKEX Service, which includes storing of balances (in Fiat currency and/or in Cryptocurrency) from the abandoned Accounts or no longer supported Cryptocurrencies.
1.1.19. Transaction fee means ROKKEX fees applicable to the Users for the Services that are provided, including but not limited to trading fees (“Trading Fees”), including maker fees (“Maker Fees”), taker fees (“Taker Fees”) and/or specific fees for Users who need non-standard processing per month; deposit fees (“Deposit Fees”); withdrawal fees (“Withdrawal Fees”) and any other fees as stated in section 12 of these Terms & Conditions
1.1.20. Transaction Price means the total price paid by the Buyer in respect to each Transaction performed via the Service.
1.1.21. Transaction means (i) transfer of Cryptocurrencies or Fiat currencies by the User to his/her Account (“Deposit Transaction”); (ii) transfer of Cryptocurrencies or Fiat currencies among the Users (“Trading Transaction”), (iii) Withdrawal of Cryptocurrencies or Fiat currencies from his/her Account (“Withdrawal Transaction”).
1.1.22. User means a person or an entity that uses the Services, agrees to follow the Terms & Conditions and is a holder of an Account.
1.1.23. Withdrawal means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or to an account opened in any other financial institution, and Cryptocurrency wallet.
1.2. Where the context so admits words denoting the singular shall include the plural and vice versa.
- THE SCOPE OF THE SERVICES
2.1. The Services allow all Users of the Platform to trade Cryptocurrencies with other Users.
2.2. Depending on the User’s place of residence, the User may not be able to use all the functions of the Site.
2.3. All Users which have their domicile / registered office, tax residence or habitual residence in a country / state (i) in which the sale or purchase of Cryptocurrencies is prohibited or is only permitted under certain conditions, or (ii) which is on the Financial Action Task Force (FATF) list of “high-risk and other monitored jurisdictions”, are not allowed to use the Services.
2.4. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses the Site.
- STATUS OF THE PARTIES
3.1. ROKKEX and User are independent contractors, and these Terms & Conditions neither creates nor shall create any partnership, trust arrangements, agency, joint enterprise, or fiduciary relationship between the User and ROKKEX, or any other form of relationship.
3.2. Unless otherwise expressly stated, nothing in these Terms & Conditions shall create or confer any rights or any other benefits to third parties.
3.3. The User acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other Users, and that ROKKEX acts only as an intermediary in such Transactions, not as the counterparty to any trade.
- THE USER’S RIGHTS AND RESPONSIBILITIES
4.1. The User has the right to enter and use the Site and the Services, as long as he/she agrees to and actually complies with the Terms & Conditions. By using the Site, the User agrees to accept and comply with the Terms and Conditions stated herein.
4.2. The User undertakes to read the entire Terms & Conditions carefully before using the Site or any of the Services provided by ROKKEX.
4.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
4.4. The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.
4.5. The User undertakes to immediately (i.e. right after the moment of discovery) inform ROKKEX about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms & Conditions and ROKKEX will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities.
4.6. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or Cryptocurrencies to/from the Buyer’s and Seller’s Accounts opened in their name and on their behalf.
4.7. The User undertakes to notify ROKKEX immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to [email protected]. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by ROKKEX or any User of the Site.
4.8. The User undertakes not to use the Services to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
4.9. The User is responsible for any and all damages caused, and all liability actions brought against ROKKEX for infringement of any third-party rights or violation of any applicable laws.
4.10. Nothing in the Terms & Conditions excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
4.11. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status, and risk willingness.
4.12. All added payment instruments to User’s Account, may it be a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered as fraud.
4.13. The User agrees that he may not assign any rights or obligations under these Terms & Conditions, including without limitation, the right to use the Account which is exclusively for your personal use.
- THE USER’S REPRESENTATIONS AND WARRANTIES
5.1. By registering an Account, the User expressly represents and warrants that he/she:
- follows the rules and laws in his/her country of residence and/or country from which he/she accesses the Site and Services;
- is at least 18 years old and/or of legal age to enter into a binding agreement and has the right to accept these Terms & Conditions and participate in Transactions involving Cryptocurrencies;
- is of sound mind and capable of taking responsibility for his/her own actions, with the full legal capacity to accept these Terms & Conditions;
- understands the significance and consequences of Transactions involving Cryptocurrencies and acknowledges the risk factors of such Transactions, including the risks outlined in Section 27 of these Terms & Conditions;
- has read, understood, and accepted these Terms & Conditions.
5.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms & Conditions and that they are duly authorized and have the capacity to enter into the Transactions on the Platform.
5.3. The User represents and warrants that both Fiat currency and Cryptocurrency deposited to the Account belong to the User and derived from legal sources.
5.4. The User represents and warrants that he/she will withdraw any Cryptocurrency from his/her Account only to his/her wallets; otherwise, ROKKEX does not hold any liability for the consequences of such Withdrawal.
5.5. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
5.6. The User agrees not to make or attempt to initiate chargebacks, and/or deny or reverse any payment or deposit that the User has made. In any such event, ROKKEX reserves the right to cease to provide the Services, terminate the Terms & Conditions, and take any further action ROKKEX may deem appropriate, including the right to adjust the Account records accordingly to reflect any ROKKEX deduction from the deposit section to set-off any loss suffered due to the User’s chargeback or reversal of Transactions.
5.7. The User understands that his personal data and identifiers may be shared with appropriately authorized third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the Service requested by the User.
- ROKKEX’S RIGHTS AND RESPONSIBILITIES
6.1. ROKKEX has the right to suspend the User’s Account and block all Cryptocurrency or/and Fiat currency contained therein in case of non-fulfillment or unduly fulfillment of the Terms & Conditions by the User. ROKKEX also has the right to refuse to process or to cancel or reverse any Transaction in our sole discretion, even after Funds have been credited to or debited from the User’s Account.
6.2. ROKKEX undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms & Conditions.
6.3. ROKKEX’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the Cryptocurrency transferred. When initiating Cryptocurrency Transactions to a User who is not the ROKKEX User, ROKKEX responsibility shall be further limited to ensuring the transfer of the necessary technical data to the Cryptocurrency network.
6.4. To the extent permitted by law, ROKKEX is not responsible for any damages, loss of profits, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms & Conditions by ROKKEX.
6.5. ROKKEX is not responsible for any malfunction, breakdown, delay, or interruption of the Internet connection or any reason why our Site is unavailable at any given time.
6.6. ROKKEX is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such Transactions.
6.7. In case of changes in the legislation of a particular country or state, the consequences of which are stricter regulation of a Cryptocurrency presented on the Platform, ROKKEX may restrict trading on a certain pair with such a Cryptocurrency for Users who are subject to such changes in legislation. In such a case the User will only be able to withdraw the limited for trading Cryptocurrency to an external address.
6.8. In the case of fraud, ROKKEX undertakes to report all the necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their Account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.
6.9. Nothing in these Terms excludes or limits the responsibility of ROKKEX for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.
- ROKKEX’S REPRESENTATIONS AND WARRANTIES
7.1. ROKKEX shall provide the Services with reasonable care and skill and in accordance with these Terms & Conditions.
7.2. All buy and sell Orders made on the Platform, will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The Transaction Price is calculated on the basis of actual matched Orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable fees.
7.3. ROKKEX represents and warrants that once the Orders to buy or sell Cryptocurrencies, such Orders may not be canceled or reversed. It holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User’s behalf.
- INTELLECTUAL PROPERTY RIGHTS
8.1. All content on the Site is the property of ROKKEX and is protected by copyright, patent, trademark and any other applicable laws unless otherwise specified hereby.
8.2. The trademarks, trade names, services marks, and logos of ROKKEX and others used on the Site (“Trademarks”) are the property of ROKKEX and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video, and audio materials used on the Site belong to ROKKEX. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means no matter manual or automated. The use of any content from the Site on any other site, or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark, and any other applicable laws and could result in criminal or civil penalties.
8.3. ROKKEX supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to [email protected].
- THE USER VERIFICATION
9.1. Identification and verification procedures (also known as “Know Your Customer” or “KYC”) are required for all the Transactions. All existing and new Users of the Platform must pass the verification procedure. ROKKEX reserves the right to limit the Platform functionality to the Users who have not passed verification. If the User refuses to provide required documents and information under KYC, ROKKEX reserves the right to terminate the Services provision to the User immediately.The User undertakes to provide ROKKEX with correct and relevant documents and Personal Information contained therein. In case the User provides counterfeit documents and false Personal Information, such behavior will be interpreted as a fraudulent activity.
9.2. The User hereby authorizes ROKKEX, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly necessary and with security measures in use to protect the data.
- ACCOUNT MAINTENANCE
10.1. The Site is for the User’s personal and non-commercial use only. ROKKEX is vigilant in maintaining the security of the Site and the Service. By registering with ROKKEX, the User agrees to provide ROKKEX with current, accurate, and complete Personal Information as prompted by the registration process and to keep such information updated.
10.2. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.
10.3. The User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time or assist others in obtaining unauthorized access.
10.4. ROKKEX reserves the right to recommend amount limits for the Account funding/Withdrawal. ROKKEX could recommend daily, monthly, and per One-Transaction amount limits.
10.5. The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User’s Account, ROKKEX may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account.
10.6. The User is acknowledged that email shall not be regarded as a secure method of communication and should never be used for transmitting Personal information.
10.7. Creation or use of the Accounts without obtaining prior express permission from ROKKEX will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell Orders. Any attempt to do so or to assist others (Users or other third parties) or distribution of instruction, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation, and ROKKEX may decide to take further action against the User.
10.8. In case if it has been more than 6 months since the User signed in with his/her Account or made the Funds deposit, ROKKEX has the right to qualify this Account as abandoned. In that case, a Storage fee will be applied to such Account with 7 days prior email notification to the User. ROKKEX will charge the Storage fee set forth herein. Abandoned Accounts with zero balances shall be deactivated.
11.1. The Platform allows the User to submit the Orders to buy or sell Cryptocurrencies.
11.2. The User recognizes that the Order should only be submitted after careful consideration, and the User understands and accepts the consequences of its execution. The User agrees that as soon as the Order is executed, such Transaction is irreversible and may not be canceled. Transactions will be executed instantly upon the matching of the Buyer’s and Seller’s Orders without prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time.
11.3. The User acknowledges and agrees that in case the destination tag is not specified, is incorrectly indicated (in particular XRP, XLM, XMR) or the reference number is incorrectly specified (for Fiat Transactions), the User may lose the deposit or at least the processing speed of such requests will be made with low priority.
11.4. Minimum and maximum Order amount vary for each trading pair and can be seen on the Trade Page when placing an Order.
11.5. The User acknowledges and agrees that Deposit and Withdrawal Transaction in Fiat currency may be delayed due to some bank verifications and checks. Similarly, and due to the inherent nature of the Cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from their Account may take some time.
11.6. The User acknowledges and agrees that ROKKEX cannot guarantee that all credit cards used for Deposit and Withdrawal Transactions will be accepted. The acceptability of each credit card depends on a variety of factors, including, but not limited to, the User’s location, identification information, limitations that may be imposed by the User’s credit card company, the Custodian, and/or any third-party payment processors. Likewise, ROKKEX cannot guarantee that the User’s bank will accept the Funds. It is the User’s responsibility to ensure that the credit card company or bank that the User wishes to use will accept User’s Funds. The User also acknowledges that the availability of all payment methods, including options of both bank transfer and credit card, is not guaranteed, and ROKKEX may change the options at its sole discretion from time to time.
11.7. Unverified Users are not allowed to withdraw, trade, or deposit any Cryptocurrencies to or from their Account.
11.8. In case if the User discovers Transaction activity, including but not limited to unknown deposits and Withdrawals, on their Account that was not initiated by the User, the User shall immediately notify ROKKEX of this fact and follow the instructions sent by ROKKEX. Otherwise, ROKKEX reserves the right to freeze the Account until the end of an investigation.
11.9. ROKKEX may be forced to cancel or recall already executed Withdrawal Transaction at the request of financial institutions, including but not limited to banks, which are involved in settlement of such Transactions. In such cases, the User obliged to cooperate with ROKKEX in order to discover the reasons for such request.
11.10. ROKKEX applies minimum trading, deposit, and Withdrawal amounts, as stated in the table below:
|Digital asset / Cryptocurrency||Deposit minimum*||Trade minimum||Withdraw minimum|
*If the amount is less than specified, the Funds will not be credited to the User’s Account.
11.11. ROKKEX does not support Ethereum (ETH) deposit and/or Withdrawal via smart contracts.
- TRANSACTION FEES
12.1.The User agrees to pay ROKKEX the Transaction fees applicable for each completed Transaction.
12.2. Transaction fees consist of Deposit Fees, Withdrawal Fees, and Trading Fees.
12.3. Trading Fees consist either of (i) Maker Fees that are paid when the User adds liquidity to the order book by placing an Order in the order book for sell or buy and the Order is not matched immediately (“Maker Fees”), or (ii) takers fees that are paid when the User removes liquidity from the order book by placing any Order that is executed against an Order on the order book (“Taker Fees”).
12.4. Prior to trading, the User must consider the Transaction fee rates published on the Fee Schedule page. However, ROKKEX reserves the right to change the Transaction fee rates from time to time, publishing updates on the Fee Schedule page.fa
12.5. The Transaction fee amount is automatically charged off in the currency indicated before symbol “/” in the trading pair after the relevant Transaction if the User places a buy Order, and in the currency after symbol “/” if the User places a sell Order.
12.6. Minimum and maximum price, as well as minimum and maximum Order amount, vary for each trading pair and can be seen on the Trade Page when placing an Order.
12.7. For a specific type of Orders, the Transaction fees may differ from those published on the “Fee Schedule” page. Fee rate shall be disclosed before the Order execution.
12.8. The Transaction fees, other charges, as well as the charging procedure can be changed/reviewed by ROKKEX from time to time, and such changes shall become effective the moment they are posted on the Site.
- ROUNDING POLICY
13.1. For all financial calculations, ROKKEX uses the rounding policy in favor of the Platform. ROKKEX round the Fiat currencies to the 2nd digit after the separator. The Rounding policy for Cryptocurrencies varies depending on Cryptocurrency.
13.2. For the purpose of the process’s optimization, Transactions on the Platform with regard to some items (including, but not limited to currencies, Cryptocurrencies, etc.) will not be reflected at the User’s Account and will appear as soon as a unit is whole in accordance with the rounding standards.
- ILLEGAL TRANSACTIONS
14.1. ROKKEX reserves the right to suspend or terminate your ROKKEX Account at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
14.2. It is strictly forbidden to use the Account for any illegal purposes. ROKKEX will report any suspicious activity to the relevant law enforcement.
14.3. The User shall ensure that they do not use the Services for the Transactions relating to:
- money laundering, terrorist financing, a proliferation of weapons of mass destruction;
- human trafficking;
- any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity;
- any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
- archaeological findings;
- drugs, narcotics or hallucinogens;
- weapons of any kind;
- illegal gambling services;
- Ponzi, pyramid or any other “get rich quick” schemes;
- goods that are subject to any trade embargo;
- media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
- body parts or human remains;
- protected animals or protected plants;
- weapons or explosive materials; or
- any other illegal goods, services, or Transactions.
- ACCOUNT SECURITY
15.1. The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including Transactions made through the Account.
15.2. ROKKEX personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the ROKKEX Site, should be reported to ROKKEX. If the User is in doubt whether a website is genuine, it is required to ensure the website is SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
15.3. It is advisable to change the User’s password regularly (at least every 3 months) in order to reduce the risk of a security breach in relation to the Account. ROKKEX also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.
15.4. If the User has any security concerns about his/her Account, login details, password, or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying ROKKEX may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.
15.5. The User must take reasonable care to ensure that his/her email account(s) are secure and only accessed by the User, as his/her email address may be used to reset password or to communicate with the User about the security of the Account. ROKKEX cannot be liable for the breach of an email account, resulting in an unauthorized Transaction to be executed with the proper confirmation. In case any of the email addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her email service provider.
15.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or password to be stored by the computer he/she is using.
15.7. Additional products or services the User uses may have additional security requirements, and the User must familiarize with those as notified to him/her.
15.8. Two-factor authentication is optional but recommended in order to make any Withdrawal Transactions.
- TERMINATION OF THE TERMS & CONDITIONS
16.1. The User may terminate the Terms & Conditions and close their Account at any time, following the settlement of any pending Transactions.
16.2. The User also agrees that ROKKEX may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to limit, suspend or terminate the Service and the User’s Accounts, prohibit access to the Site and its content, Services and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms & Conditions. Additionally, we may in appropriate circumstances and at our discretion, suspend or terminate Accounts of Users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another User’s Account or providing assistance to others’ attempting to do so, (2) overcoming software security features limiting the use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms & Conditions, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by ROKKEX, acting at its sole discretion.
16.3. ROKKEX also reserves the right to cancel unconfirmed Accounts or Account that have been inactive for a period of 6 months or more and/or to modify or discontinue our Site or Service. The User agrees that ROKKEX will not be liable to them or to any third party for termination of their Account or access to the Site.
16.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transaction. Upon termination, the User shall provide a valid bank account details or Cryptocurrency address to allow the transfer of any currencies deposited to his/her Account. ROKKEX shall transfer the currencies as soon as possible following the User’s request in the time frames specified by ROKKEX.
16.5. ROKKEX will send the credit balance of the User’s Account to him/her, however, in the circumstances, a number of intermediaries may be involved in an international payment, and these or the beneficiary bank may deduct charges. ROKKEX will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance and that he/she agrees to be responsible for such charges.
- SERVICES AVAILABILITY
17.1. All Services are provided “AS IS,” without guarantees of any kind, either expressed or implied.
17.2. ROKKEX will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages, and ROKKEX is not liable for any disruption or loss the User may suffer as a result. Thus, ROKKEX does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information.
17.3. ROKKEX will use reasonable endeavors to ensure that the User can normally access the Site in accordance with the Terms & Condition. ROKKEX may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.
- API, WIDGETS AND MOBILE APPLICATIONS
18.1. API requests are currently not limited by ROKKEX, however, ROKKEX reserves the right to implement API requests limit in the future.
18.2. ROKKEX may provide widgets for the User’s use to put our data on the User’s Site. The User is free to use widgets in their original unmodified and unaltered state.
18.3. ROKKEX may provide mobile applications (“mobile apps”), which can be used to get access to the Account. The use of these mobile apps is subject to these Terms & Conditions.
- FINANCIAL OR LEGAL ADVICE
19.1. ROKKEX does not provide any financial, investment, or legal advice in connection with the Services provided by ROKKEX. ROKKEX may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User’s decision and ROKKEX will not be liable for any loss suffered.
20.1. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of ROKKEX Services and should be paid according to the User’s state of residence regulations.
20.2. ROKKEX is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.
- NOTICES AND COMMUNICATION
21.1. ROKKEX reserves the right to send notices to and communicate with the User by any means of communication available to ROKKEX, considering the contact details provided by the User.
21.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, if so required by the Terms & Conditions.
21.3. The User has the right to contact ROKKEX via ROKKEX’s customer support at [email protected] regarding any questions, feedback, or complaints. When contacting ROKKEX, the User has to make sure to include identifying information such as a name and address and/or the Transaction number on which the User has feedback, questions or complaints so ROKKEX can address the matter appropriately. Calls made by the Users to the Customer Service department may be recorded for service quality assurance. The User agrees to treat ROKKEX customer support staff in a respectful and professional manner and, in no way, behave abusively or derogatorily. In the event ROKKEX determines that the User’s behavior via telephone, live chat, email or otherwise, is abusive or derogatory towards ROKKEX staff, the User agrees that ROKKEX shall have the right to suspend and/or terminate the Account.
21.4. The main official information channel of ROKKEX is the https://www.rokkex.com.
- GOVERNING LAW AND DISPUTE RESOLUTION
22.1. These Terms & Conditions shall be governed by and construed in accordance with the laws of Estonia, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms & Conditions, as well as any of the products and Services provided by ROKKEX, shall be submitted to the courts of Estonia.
- SURVIVAL AND SEVERABILITY
23.1. Any provisions hereof which expressly or by their nature are required to survive termination or expiration of these Terms & Conditions in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose.
23.2. If any provision of these Terms & Conditions shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of these Terms & Conditions shall not be affected and shall remain in full force and effect. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the Parties.
- LIMITATION OF LIABILITY
24.1. In no event shall ROKKEX, its officers, directors, employees, agents, and all third party service providers be liable to the User or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from (i) accuracy, completeness or content of the Site, (ii) accuracy, completeness or content of any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, (iii) the Services found on the Site or any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, Personal Information, financial information or other information and data stored therein, (vii) any interruption or cessation of Services to or from the Site or any sites linked (through hyperlinks, banners advertising or otherwise) to the Site, (viii) any viruses, worms, bugs, trojan horses or the like, which may be transmitted to or from the Site or any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, (ix) any User content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable and/or (x) any loss or damage of any kind incurred as a result of the User’s use of the Site or the Services found at the Site, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not ROKKEX is advised of the possibility of such damages. In addition, User specifically acknowledges and agrees that any cause of action arising out of or related to the Site or the Services found at the Site must be commenced within 1 year after the cause of action accrues; otherwise such cause of action shall be permanently barred. In addition, the User specifically acknowledges and agrees that in no event shall ROKKEX’s total aggregate liability exceed the total amount paid by the User for the particular Services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or the User’s use of the Site, or the Services found at the Site.
24.2. ROKKEX will not be liable for the Transactions, initiated by the User, below the prescribed limits.
- COMPLIANCE WITH APPLICABLE REGULATIONS
25.1. The User confirms that he/she shall not use the Services and/or Site for any unlawful, criminal or fraudulent activity or any prohibited Transaction (including, but not limited to, money laundering) under the laws, regulations and/or directive of any applicable jurisdiction.
25.2. The Funds that User exchanges using ROKKEX’s Services is not derived from any unlawful, criminal or fraudulent activity or any prohibited Transactions under the laws that apply to the User.
25.3. It is User’s sole responsibility to ensure that his/her use of the Site and/or Services follows all applicable laws, regulations and/or directives applicable to the User.
25.4. The Funds which the User may receive through an exchange using ROKKEX’s Services will not be used by the User for any unlawful, criminal or fraudulent activity or any prohibited Transaction under the laws of any applicable jurisdiction.
- RISK FACTORS
26.1. The User should carefully consider and evaluate each of the following risk factors and all other information contained in these Terms & Conditions before using any of the Services.
26.2. Historically, currency and Fiat money have been backed by banks and government entities or backed up by commodities (e.g. silver and gold). However, Cryptocurrency is not regulated by any central bank or other government authority. Instead, Cryptocurrency is backed by technology and trust, and currently, there is no bank or government regulator that can take measures to protect the value of the Cryptocurrency in a crisis, issue more Cryptocurrency, or balance the price fluctuations.
26.3. An inherent risk exists that losses will occur as a result of buying, selling, or trading anything on the market. You may increase or lose value in your assets at any time due to price volatility, especially in the Cryptocurrency market, and the potential loss in trading or holding Cryptocurrency can be substantial.
26.4. ROKKEX does not guarantee that any Cryptocurrency will currently or in the future maintain a certain value or market liquidity, and the User understands that the current value or price of Cryptocurrency can drop as low as zero at any point. The User acknowledges that ROKKEX also does not guarantee that the User will be able to sell the Cryptocurrency to any third party.
26.5. Cryptocurrency is based on blockchain technology, a digital, decentralized, and partially anonymous system that relies on peer-to-peer networking, which could collapse at any given moment, and cryptography to maintain its integrity. This system has been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Site and the Services could be impacted by one or more regulatory inquiries or actions, including, but not limited to, the licensing of or restrictions on the use, sale, or possession of Cryptocurrency, which could impede, limit or end the Services or the User’s ability to trade Cryptocurrency at any point. Regulatory changes could have a negative and material impact that could result in the Cryptocurrency having little or no value whatsoever.
26.6. Certain regulators in certain jurisdictions may view certain types of Cryptocurrency as securities, and as such, Users in these jurisdictions may not have the ability to trade their Cryptocurrency because trading of Cryptocurrency that is deemed as securities, may be restricted, partially or completely in some jurisdictions. It is the User’s responsibility to ensure his/her compliance with the applicable laws of his/her jurisdiction.
26.7. The User is aware that additional risks of trading Cryptocurrency may exist that have not been set forth in these Terms & Conditions, and understand that it is his/her responsibility to carefully assess all the risks and determine whether his/her financial standing and tolerance for risk are suitable for buying, selling or trading Cryptocurrency. It is also the User’s responsibility to seek professional advice prior to using the Services and the Site, and the User understands that ROKKEX does not provide any investment, legal, or tax advice.
26.8. Cryptocurrency, when transferred, will be controllable only by the possessor of unique private keys relating to the addresses in which the Cryptocurrency is held. The theft, loss or destruction of a private key required to access Cryptocurrency is irreversible, and because ROKKEX does not have access to those private keys, such private keys cannot be restored by ROKKEX, and ROKKEX will not be responsible for the User’s loss of access to its personal virtual or hardware wallet. Also, due to the nature of Cryptocurrency, any technological difficulties experienced by ROKKEX could potentially prevent the access or use of the User’s Cryptocurrency.
26.9. The exchange of Cryptocurrency is considered a risky Transaction with highly speculative outcomes. Markets for Cryptocurrency have varying degrees of liquidity; some are quite liquid, while others may be thinner or illiquid. ROKKEX does not guarantee any profit from trading or any other activity associated with the Site. Considering the above-mentioned risks, which are not a comprehensive list, the User should carefully consider if holding Cryptocurrency is suitable for him/her depending on his/her financial circumstances.
27.1. The User agrees to protect, defend, indemnify and hold harmless ROKKEX and its officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by ROKKEX directly or indirectly arising from (i) the User’s use of and access to the Site or the Services found at the Site; (ii) the User’s violation of any provision of the Terms & Conditions or the policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms & Conditions or the User’s use of the Site or the Services found on the Site.
- MODIFICATIONS AND AMENDMENTS
28.1. ROKKEX reserves the right to amend or modify any portion of these Terms & Conditions at any time by publishing a revised version of the Terms & Conditions on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms & Conditions and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User’s sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that ROKKEX shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms & Conditions.
- FORCE MAJEURE
29.1. If ROKKEX is unable to perform the Services outlined in the Terms & Conditions due to the factors beyond its control including but not limited to the event of Force Majeure, change of law or change in sanctions policy, ROKKEX will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.
- LINKS TO THIRD-PARTY WEBSITES
30.1. The Site and the Services found at the Site may contain links to third-party websites that are not owned or controlled by ROKKEX. ROKKEX assumes no responsibility for the content, terms, and conditions, privacy policies or practices on any third-party websites. In addition, ROKKEX does not censor or edit the content of any third-party websites. By using any sites and/or services of third parties found at our Site, you expressly release ROKKEX from any and all liability arising from the User’s use of any third-party website and/or services. Accordingly, ROKKEX encourages the User to review the terms and conditions, privacy policies and other governing documents of any other website that he/she may visit by using the links posted on our Site.