PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING OUR SITE OR PLATFORM (THE “PLATFORM”). YOU AGREE TO BE BOUND BY THESE TERMS OF USE INCLUDING THE GOVERNING LAW AND JURISDICTION CLAUSE, WHICH REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
These terms and conditions of use, as amended from time to time along with the Privacy Notice and Risk Disclosures (collectively, the “Agreement” or “Terms of Use”) constitute the entire agreement and understanding with respect to the use of any or all of the Services (as defined below), and any manner of accessing them via the Site (as defined below), between you and XFINANCE CR SOLUTIONS LIMITADA (“BYBLET”) (together with its affiliates, “BYBLET Group”, “we” or “us”, with the term “our” to be construed accordingly).
These Terms of Use should be read carefully before your using the services ("Service") made available by BYBLET or its affiliates. This Agreement sets forth the legally binding terms and conditions for your use of our website or other electronic platforms such as mobile applications provided by us ("Site") and the Service (together with the Site, the "Services"). By using the Site or Service or submitting any information to us, you consent to and agree to be bound by this Agreement, our privacy policy (“Privacy Policy”) as set forth in the Privacy Notice, and our risk disclosure (“Risk Disclosure”) (as is posted to our Site or otherwise notified to you, which explains how we collect and use information from visitors to our Site and users of the Service), and all other operating rules, policies and procedures that may be published by BYBLET from time to time on the Site, each of which is incorporated by reference and each of which may be updated by BYBLET from time to time.
By using the Site or Service, you appoint and authorize BYBLET as your agent to transact on your behalf in respect of Digital Assets that are in your account(s) opened with BYBLET (each an “Account” and collectively, “Accounts”) in relation to the Service(s) you subscribe to and to deal with any counterparties necessary to execute the transactions you place with us. BYBLET will have power and authority to do or cause to be done all acts and things that it determines to be desirable, necessary, ancillary or appropriate to implement and administer your authorization to transact and deal with the Digital Assets in the course of providing its Services. You acknowledge and agree that BYBLET is acting as a fully disclosed agent and not as principal when transacting in respect of your Digital Assets.
Your use of the Site or Services is governed by the version of these Terms of Use in effect on the date of use. Your continued use of and access to the Site constitutes your acknowledgement of, and agreement to the then current Terms of Use and to having reviewed the most current version of the Terms of Use. You also agree to the electronic delivery of any applicable tax forms and documents to the email address listed on file. Furthermore, please note that the terms and conditions of this Agreement are in addition to any other agreements between you and BYBLET, including any user or account agreements, and any other agreements that govern your use of products, services, content, tools and information available on the Site. This Agreement does not alter in any way the terms or conditions of any other agreements you may have with BYBLET for the Service or otherwise. If you do not agree to all the terms of this Agreement and/or BYBLET's Privacy Policy, including the electronic delivery of any applicable tax forms and documents to the email address listed on file, you are not eligible to participate in BYBLET's Service or otherwise use the Site. This Agreement applies to all users of the Site or Service, who in any way use the Site or Service ("Users" or "you", with the term "your" to be construed accordingly).
The Platform collects and verifies information about you to prevent fraud, terrorist activity and money laundering pursuant to applicable Know Your Customer (KYC), Anti-Money Laundering (AML) and Counter Terrorist Finance (CTF) laws and rules. In addition to the identity information required during the sign-up process, BYBLET may require additional information from you as part of the screening. For example, BYBLET may retain for transfers out of the Platform the following information, including but not limited to your name, account number, physical address, financial institution, amount, date and the identity of the recipient's financial institution. BYBLET reserves the right, in its sole and absolute discretion, to delay or cancel any transfers lacking necessary compliance information. BYBLET does not intend to or seek to provide Services to individuals, companies and countries that are on prescribed sanctions lists. BYBLET will therefore conduct necessary screenings from time to time without notice to you.
BYBLET reserves the right, in its sole and absolute discretion, without any obligation to you and without any requirement to provide notice to you, to change, improve or correct the information, materials and descriptions (including those provided, shared or published by us or third parties) on the Site. BYBLET does not carry out censor or revision of such information, materials and descriptions. Despite our efforts to update the information and material on the Site in a timely manner, BYBLET makes no representations, warranties, or guarantees, whether express or implied, that such content, including any fees, rates and market data, is accurate, complete, or up to date. You should frequently check the Site including these Terms of Use for updates. If you continue to access or use the Site or our Services after we amend these Terms of Use, you agree to all our amendments. The disclosure information and materials on the Site may contain typographical errors or inaccuracies despite our best efforts and due diligence review. Any dated information is published by us as of its date only, and BYBLET does not undertake any obligations or responsibilities to update or amend any such information. BYBLET further reserves the right, in its sole and absolute discretion, to suspend, deny, block or otherwise discontinue your access to and use of the Site for maintenance and upgrades to ensure operational efficiency and/or as a result of legal, regulatory and/or compliance requirements. You agree that BYBLET will not be liable to you or to any third party for any such modifications, suspensions or discontinuances. BYBLET Group reserves the right to designate any of our affiliates to provide certain Services to you.
Unless specifically announced on our Site or through some other official public statement of BYBLET, we do not support meta-coins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Asset, being cryptographically secured digital representations of value or contractual rights that can be transferred, stored or traded electronically or digitally using distributed ledger technology (collectively, "Advanced Protocols"). Do not use your BYBLET account(s) to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The Platform is not configured to detect and/or secure Advanced Protocol transactions and BYBLET assumes absolutely no responsibility whatsoever in respect to Advanced Protocols. Any such resulting forks or airdrops not explicitly supported by BYBLET may result in an extended period of down time in which no trading or transfer of the forked coins can occur, and BYBLET may claim such forked or airdropped coins for its own benefit or to offset any associated costs, disruptions or distributions.
By signing up to BYBLET and opening an account, you represent and warrant that: (i) you are at least 18 years old or are of legal age in your jurisdiction (if you are an individual); (ii) you are duly organized and validly existing under the applicable laws, rules and regulations (each “applicable law” and collectively “applicable laws”) of the jurisdiction of your organization (if you are an entity); (iii) you have the legal capacity and competence and full power and authority to form a binding contract; (iv) you are not located in, under the control of, or resident in any sanctioned or embargoed jurisdiction or any jurisdiction where the use of any Services is restricted; and that (v) all registration information you enter is accurate, truthful and not misleading. BYBLET may, in its sole and absolute discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time without cause. Your application to open an account with BYBLET is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
If you do not meet any of the qualifications mentioned above, you must immediately notify us and stop using the Site and our Services. We may temporarily suspend (or, in extreme cases, terminate) your Account(s) with us to prohibit the continued use of the Site and our Services. When you meet the qualifications again, you should provide evidence to us. However, we may, in our sole discretion, determine that you are not eligible to have an account with us or continue the use of our Services.
If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept this Agreement on such entity's behalf, and that such entity agrees to indemnify BYBLET for violations of this Agreement. Your use of the Site constitutes your acceptance of these Terms of Use.
You acknowledge that we are authorized to make inquiries, whether directly or through third parties, to verify your identity, to confirm the above qualification requirements or for any other circumstances that we determine as may be necessary to facilitate compliance with these Terms of Use and applicable laws. You understand and agree that we have no obligation to inform you of the results of any inquiry. You further acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies for the purpose of our carrying on such inquiries.
When you access the Site or use our Services, you represent and warrant that you will:
i. only use the Account(s) for your own benefit and not for the benefit of any other person;
ii. not share your Account details (including password) to any other person;
iii. notify us immediately if you discover or suspect any security breaches related to your Account(s);
iv. take full responsibility for all activities undertaken in your Account(s) and accept all risks of any authorized or unauthorized access to your Account(s) (which are deemed to have been made by you), to the maximum extent permitted under applicable laws.
The Services available in the Platform allow for the purchase and sale of Digital Assets such as Bitcoin and Ethereum by way of spot, options, futures and derivatives trading and/or other products as are available from time to time. Digital Asset trading is only suitable for Users who are familiar with and willing to accept the high risk and limited liquidity associated with Digital Asset trading. Digital Assets purchased in these transactions are not publicly traded and are intended for Users who do not have a need for a liquid investment. There can be no assurance that the Digital Asset price or valuation is accurate or that it agrees with the market or industry valuations. Digital Asset trading involves significant risk. Prices can and do fluctuate on any given time and day. Such price fluctuations may increase or decrease the value of your positions at any given moment. Any Digital Asset may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading any financial or investment instrument, securities or similar product on a market. You may lose the entire investment amount or more if leverage is used. Digital Asset trading also has special risks not generally shared with official currencies in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Digital Asset is backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of Digital Asset in a crisis. Instead, Digital Asset is an as-yet autonomous and largely unregulated global system of digital assets. BYBLET reserves the right to reject any Digital Asset transaction in respect any Service provided by the Platform, at any time and without notice, if it perceives a risk of fraud or illegal, unauthorized or suspicious activity.
There are risks associated with Digital Currencies. Users put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity. The trading of Digital Asset is often susceptible to speculation or loss of confidence, which could collapse demand relative to supply. For example, confidence in Digital Assets might collapse because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems; if the anonymity of the system is compromised, if Digital Asset is lost or stolen, or if hackers or governments are able to prevent any transactions from settling. Stablecoins owned or used for trading may be susceptible to failure or non-acceptance by the market, or suffer a deviation from its reference value, whether due to issuer insolvency, regulatory action, insufficient underlying reserves, technological exploits, or a systemic loss of market confidence, the market for such stablecoin becoming illiquid, disordered or entirely non-existent, or other reasons. There may be additional risks that we have not foreseen or identified in our Terms of Use. You should carefully assess whether your financial situation and tolerance for risk are suitable for buying or selling Digital Asset.
Your Hosted Digital Wallet enables you to store, track and manage the supported Digital Assets. A “Hosted Digital Wallet” is a wallet made available by BYBLET that allows Users, after identity verification, to store, track, send, and receive only supported Digital Assets via Platform. Upon verification of a government issued identification card or passport and a recent picture of yourself, you will have the ability to request, send and receive, and store Digital Asset from third parties by giving instructions through the Site. Hosted Digital Wallets are available only in connection with those Digital Currencies that BYBLET decides to support. You acknowledge and consent that for the sole purpose of facilitating your trading activities, we may arrange for the Digital Assets held in your Account(s) opened with one affiliate of ours to be transferred to your Account(s) with another affiliate.
The Digital Assets that BYBLET supports may change from time to time. Under no circumstances should you attempt to use your Hosted Digital Wallet to store, send, request, or receive digital assets in any form that is not supported by BYBLET. Any such unsupported form of digital assets may be lost and cannot be recovered and BYBLET shall not be liable in any manner in respect of the loss or damage of any unsupported digital asset.
With respect to cash or fiat currency, these funds are required to be placed in Account(s) at Banks. “Banks” are financial institutions where BYBLET hold cash or fiat currency funds deposited by Users. The funds in these account(s) will be held for the beneficial owner(s) and are segregated from BYBLET's working capital, and your associated proportional beneficial ownership of these funds will be reflected in your account balance. The Banks enable BYBLET to receive funds from Users and make payments to Users. The Banks do not transfer, exchange or provide any services in connection with Digital Assets. You acknowledge that you are the actual and beneficial owner of such account(s) and have the authority to make deposits to such account(s) and take withdrawals from such account(s). BYBLET may, at any time and without notice, reject any deposit or impose limits on deposits you can make (for example, in magnitude and frequency) from such account(s). BYBLET may also reject or suspend any withdrawal request in order to comply with applicable laws or to resolve any incident on the Platform.
BYBLET may also offer "Conversion Services" in respect of trading pairs for converting from one digital asset into another or into fiat currency, or vice versa. Eligible Users in certain jurisdictions may buy or sell supported Digital Asset through the Conversion Services. The Conversion Services may be transacted by way of Purchasing Credit Facility (in the terms and conditions as set out in Appendix II hereto). The Conversion Services are subject to BYBLET’s "Conversion Rate" for the given transaction. "Conversion Rate" means the price of a given supported Digital Asset amount in terms of fiat currency or another Digital Asset as quoted on the Site. The Conversion Rate is stated either as a "Buy Price" or as a "Sell Price," which is the price in terms of fiat currency or Digital Asset at which you may buy supported Digital Asset from, or sell the same to, BYBLET. You acknowledge that the quoted Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time. The Conversion Service will be done in and through the Platform via execution of multiple trading pairs or through direct matching of an applicable trading pair. BYBLET does not engage in proprietary or OTC trading other than to facilitate the orderbook but will execute principal transactions. You agree, as a condition of using any BYBLET Conversion Services, to accept the Conversion Rate as the sole conversion metric. BYBLET reserves the right to delay any Conversion Service transaction, at any time and without notice, if it perceives a risk of fraud or illegal, unauthorized or suspicious activity. BYBLET does not guarantee the availability of its Conversion Service, and the act of purchasing supported Digital Asset from BYBLET does not result in a guarantee that you may sell your supported Digital Asset to BYBLET. Past performance is not a guarantee of future performance. The contents of the Site do not constitute financial, legal, or tax advice. You are solely responsible for conducting any legal, accounting or due diligence review. You should obtain independent investment and tax advice (and legal advice where appropriate) from your advisers before deciding to invest and engage in Digital Asset Trading as well as the use of any of our Services.
None of the information contained in the Site constitutes a recommendation, solicitation or offer to buy or sell any Digital Asset or other financial instruments or other assets or provide any investment advice or service. The information and Services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws of any governmental authority or where BYBLET is not authorized to provide such information or Services. Some products and Services described in the Site may not be available in all jurisdictions or to all Users.
The following services, and any other services which we may decide to make available from time to time, are available to you in accordance with these Terms of Use:
Margin trading is where Users use borrowed funds to purchase or sell more assets than they own. When you engage in margin trading, you will provide your assets (whether fiat or crypto assets or both) in your account(s) as collateral. In return, we will provide you with funds as margin.
By engaging in this service, you acknowledge and confirm that you have the financial ability and risk tolerance, user sophistication and investment knowledge and experience in such high-risk trading strategy. There is a risk that you will lose the entirety of your investment and the loss may exceed the amount of funds held in your account(s). By entering into margin trading transactions, you assume all the risks of such transactions at the Platform.
You should seek independent professional advice in relation to margin trading, whether from the legal, tax, financial or accounting perspective, as appropriate.
You may engage in margin trading at the Platform in accordance with these Terms of Use and any additional terms applicable to margin trading (including those set out in Appendix I hereto). In the case of inconsistency, the additional terms prevail.
If the value of the collateral you provided falls below the margin maintenance level, you authorize us to issue a margin call and sell your assets in the account(s) so as to maintain the equity level to meet the minimum maintenance margin requirement. Margin calls can take place any time as crypto markets are open at any time. We will attempt to notify you of a margin call and the details thereof, but we have no obligation to do so. Even if we have provided you notice with a prescribed time to meet a margin call, we may still proceed to liquidate your assets without any notice to you. You authorize us to liquidate your positions and sell assets in your account(s) without notice to you if the equity in your account(s) fall below our maintenance margin requirements. No interest shall be paid to you in respect of any collateral posted in the account(s).
We are entitled to increase maintenance margin requirements without any prior notice to you. Margin calls will be made as a result of the increased maintenance margin requirement. You are required to satisfy such margin calls. Otherwise, you authorize us to liquidate or sell the assets in your account(s).
We may, but are not obliged to, provide an extension of time on margin calls under certain circumstances and such extension(s) are given on a case-by-case basis.
To terminate a margin extension partially or wholly, you must have sufficient assets in your account(s) of the same asset type as the margin extension. For purposes of administering and facilitating a margin extension, charges may be charged as per our charges schedule as maybe published on our Site or otherwise notified to you from time to time (“Charges Schedule”) which may be updated from time to time.
Where there is a failure to satisfy the maintenance margin requirement, failure to pay charges in respect of margin calls and extension, and/or indication to terminate a margin extension, the margin extension will be immediately due, we may, in our sole and absolute discretion, apply the proceeds from the sale of assets in your account(s) (which may include the collateral assets) to satisfy the payment of any accrued but outstanding charges and expenses owed to the Platform, and then to the terminate the margin extension. Where the value of the collateral asset is equal or less than the value of the margin extension i.e. “negative equity”, you will satisfy the shortfall with additional funds to us within the prescribed time limit. So long as an account is a negative equity account, no trading or withdrawal can be made. For purposes of administering and facilitating the termination of leveraged trading transactions, charges may be charged as per the Charges Schedule which may be updated from time to time.
Contract trading at the Platform involves the trading of derivative products such as futures and perpetuals with the underlying assets being crypto assets. Derivative products are complex products and the trading of which is high risk (e.g. extremely high price volatility and highly speculative valuation of crypto assets).
By engaging in this service you acknowledge and confirm that you have the financial ability and risk tolerance, user sophistication and investment knowledge and experience in such high-risk trading strategy.
There is a risk that you will lose the entirety of your investment and the loss may exceed the amount of funds held in your account(s). By entering into contract trading transactions, you assume all the risks of such transactions at the Platform. The risks relating to the underlying crypto assets may be magnified in the trading of derivatives. The market price of any derivative contracts may not reflect the price of spot markets in the markets as it will be affected by factors such as the underlying crypto asset’s price, supply and demand and other market factors. Futures contract trading can be highly leveraged, meaning a small fluctuation in the price of the underlying crypto asset may result in multiple times of a gain or loss, depending on your position. Where margin trading is involved, you are required to provide collateral. You may be required to pay additional margin within short notice to maintain the maintenance requirement or maintain the trading positions, or where circumstances require, we may liquidate or sell the assets in your account(s) to maintain (or reduce) the position. You remain liable to replenish your account(s) in relation to any shortfall in the account(s).
You should seek independent professional advice in relation to margin trading, whether from the legal, tax, financial or accounting perspective as appropriate.
You may engage in contract trading at the Platform in accordance with these Terms of Use and additional terms applicable to contract trading (if any). In the case of inconsistency, the additional terms prevail.
Only eligible Users may be able to engage in contract trading at the Platform. We have the sole and absolute discretion to determine whether a User is eligible and the relevant eligibility requirements. All positions will be immediately closed out if a User is not (or is no longer) eligible. Collaterals are required to be posted by eligible Users to cover the initial margin and maintenance margin. We have the sole and absolute discretion to determine the initial margin and maintenance margin requirements and the limits on leverage for each open, unexecuted order. For purposes of administering and facilitating the termination of leveraged trading transactions, charges may be charged as per the Charges Schedule which may be updated from time to time.
The eligible User agrees and confirms that the collaterals provided are not (or will not be) subject to encumbrance. By engaging in this service, the eligible User assigns, pledges and grants a first priority perfected security interest in, and a lien upon, all of such User’s right, title and interest in, to and under, whether now owned or hereafter acquired, the collaterals in the account(s). Such security shall be continuing security and shall be subject to a general lien and right of set off against any and all of the User’s obligations and liabilities due, whether present or future, actual or contingent, solely or jointly or whether as principal or surety.
We are not required to provide you with notice in respect of margin calls for additional collateral. Where margin balance falls below the maintenance margin requirement, we are authorized to exercise any of the rights that become available when the maintenance margin requirement is breached including but not limited to liquidating any open positions in the account(s) pursuant to these Terms of Use and any applicable additional terms. Subject to our right to liquidate assets or close positions, we will not sell, transfer, loan, hypothecate, rehypothecate or pledge any collateral provided to us unless otherwise instructed by you or required to do so pursuant to an order or arbitral award of a competent court or arbitration centre or otherwise in accordance with the terms herein. We are entitled to sell, realize, dispose of collateral and/or convert any crypto asset or fiat currency as agent or as mortgagee or pledgee. No interest shall be paid to you in respect of any collateral posted in the account(s).
We are authorized to close out open positions without notice where the mark price of the relevant contract hits the liquidation price and the collateral in the account(s) falls below the maintenance margin requirement until the collateral is equal to or exceeds the maintenance margin level or all open positions in the contracts have been terminated (i.e. liquidation).
You further authorize us to reduce and liquidate positions in the case of market volatility and illiquidity or in any other circumstances as provided in these Terms of Use and any applicable additional terms.
The contract trading service may be terminated with or without notice to you if we, in our sole and absolute discretion, consider that any of the following circumstances exists: failure to satisfy our KYC requirements, failure to maintain the required margin or collateral for open positions, where we suspect that the account(s) is being used or appears to be used to for illegal activities or improper conduct or where there are risks of money laundering, terrorist financing, fraud or any other crime and any other circumstances where we consider it to be necessary to terminate your account(s) and close out any and all positions.
OTC trading stands for over-the-counter trading which serves as a bridge between fiat currency and crypto assets. Only eligible Users may be able to place orders at the OTC desk available on the Platform. Eligible Users can buy/sell crypto assets by posting buy/sell advertisements using the OTC services available on the Platform and complete the transactions to exchange their crypto assets for fiat currency. OTC trading service provides aggregated information for buying or selling, and actual payments are made via offline transfers and settlements. In other words, the OTC trading service provides custodial services for crypto assets.
Eligible Users will need to contact an OTC broker and negotiate the price and trading volume. Settlement will be made automatically with (i.e. debited from) the balance in your account(s) at the Platform with the purchased asset being automatically credited to your account(s), and vice versa.
OTC derivatives may only be eligible to Users in certain jurisdictions. Where you are in a permitted jurisdiction, you may enter into various contracts trading at the OTC desk.
Orders placed with OTC brokers are irrevocable unless otherwise determined by us in our sole and absolute discretion. For purposes of administering and facilitating OTC trading, charges may be charged as per the Charges Schedule which may be updated from time to time.
Additional terms applicable to OTC trading may be available and are updated from time to time. In the case of inconsistency between these Terms of Use and the additional terms, the additional terms prevail.
The offering of wealth management products is aimed to provide Users with the opportunity to invest in return for relatively stable returns. Certain wealth management products invest in underlying assets which may be subject to stringent investor requirements, so some of the wealth management products may be restricted to eligible Users only.
Additional terms applicable to wealth management products may be available and are updated from time to time. In the case of inconsistency between these Terms of Use and the additional terms, the additional terms prevail.
When you transact on the Platform, BYBLET may attempt to fill that order through one or more orders on the Platform, which orders may include those of unaffiliated, third-party liquidity providers (“LPs”) or intermediaries. These LPs or intermediaries may be acting in an agency capacity, and their orders may include additional margin or spread that is not transparent to you or BYBLET. BYBLET may also include additional margin or spread to cover fees charged by unaffiliated liquidity providers or intermediaries. These fees are in addition to any applicable charges. If you fail to pay such fees or any other amounts owed to us, interest will accrue on such unpaid amounts at such rate as determined by us from time to time, subject to the maximum rate allowed by applicable laws, if any. In addition, we may refer your outstanding amounts to a third party for collection, and we may charge you a collection fee representing such percentage as determined by us of the outstanding amounts due, subject to the maximum percentage permitted by applicable laws, if any, to cover our collection-related costs and expenses.
BYBLET makes no representation that you will be able to get the best price on the Platform. Market orders will not be honored on a first-come, first-serve basis but will be prioritized on several factors, including obligations to Users, vendors with pre-existing liabilities and proprietary holdings of BYBLET.
Additionally, BYBLET may act in a principal capacity in selling Digital Currencies on the Platform, and may engage in simultaneous, principal transactions for its own benefit in order to rectify crossed markets.
In relation to the fees charged for services provided by independent third parties such as the supplier of market data, where you are an entity as opposed to an individual, you will be charged for such services based on the assumption that you are a professional User rather than a non-professional User, unless you prove otherwise to the satisfaction of BYBLET or the relevant service provider.
You cannot cancel, reverse, or change any Digital Currencies transfer to any wallet or any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, BYBLET may, in its sole and absolute discretion, either cancel the transaction or debit your other payment methods, including BYBLET balances or other linked account(s), in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider.
BYBLET reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Assets in its sole and absolute discretion, even after funds have been debited from your account(s), (i) if BYBLET suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime, (ii) in response to a subpoena, court order, or other government order, (iii) if BYBLET reasonably suspects that the transaction is erroneous, or (iv) if BYBLET suspects the transaction relates to prohibited use or a prohibited business, as set forth below in “Prohibited Businesses and Activities”. In such instances, BYBLET will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.
In the unlikely event that BYBLET has intentionally, negligently (in the scale of gross negligence only) or fraudulently erred in a manner which results in your Digital Assets being sent to the wrong wallet which results in you suffering a loss of those Digital Currencies, please contact us to make a claim for recovery detailing your loss.
BYBLET reserves the right to not investigate or otherwise disregard any claim for recovery which it deems, in its sole and absolute discretion, to be frivolous, ingenuine or otherwise false, including, but not limited to, claims for recovery which are the result of an action taken by you, and claims for recovery which lack sufficient information or details to investigate.
You irrevocably authorize BYBLET and any of its authorized persons to transfer, debit or deduct any assets (whether in the form of fiat or digital assets) in any of your account(s) or from any of your payments so as to pay, discharge, satisfy the liabilities on your part or to which you are subject, including but not limited to the outstanding purchase moneys, fees, charges, expenses and interests payable by you or paid on your behalf by BYBLET under and pursuant to any agreements and transactions with BYBLET.
You further irrevocably authorize BYBLET and any of its authorized persons to take and do all necessary actions as may be required to comply with applicable rules, regulations, laws in respect of the tax, duties, levy, charges arising out of or in connection with any transaction and/or assets purchased or held by you, including filing of returns, forms and/or other documents as may be required by the relevant authority or department, and withholding and/or making payment of payable tax, duties, levies or charges. You acknowledge that BYBLET shall withhold and/or deduct such payment from any account.
Digital currency trading may result in taxable consequences in your jurisdiction, and you must determine, report and pay any applicable taxes. You are responsible for your own tax filings and payments. BYBLET is under no obligation to calculate, determine or make available any information regarding taxes or the taxable consequences of your transactions. BYBLET may make available, in its sole and absolute discretion, a record of your transactions which may be useful to you for making any required tax filings or payments, and this does not constitute a waiver of this provision. BYBLET will fully cooperate with and voluntarily share user data, including your transaction and profit and loss records, with the taxing authority of the competent jurisdiction and will make any tax withholdings or filings that we are required by applicable laws to make but is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transactions. BYBLET is under no obligation to make any transaction data available if, for any reason, your account(s) is closed or you are suspended or permanently suspended from the Site or Services.
An increasing number of countries require financial institutions to report property that has been abandoned or unclaimed after a dormancy period, usually 36 months. If your account(s) is inactive, BYBLET is unable to locate you and your account(s) has remained inactive for the dormancy period applicable in your jurisdiction, then BYBLET must report the account(s) as abandoned to the relevant jurisdiction (generally determined by the primary address of the account holder). The government of the relevant jurisdiction will then claim the abandoned account(s) through a process called "escheatment," whereby the government becomes the owner of the account(s). BYBLET may, without notice, also terminate and liquidate your account(s) and send funds to the last known address after your account(s) is inactive for certain shorter periods of time, as BYBLET may determine. If BYBLET receives legal documentation or other information confirming your death or other information leading us to believe you have died, we may freeze your account(s) unless (and may liquidate some or all positions, in our sole and absolute discretion) and until a court or your executor directs us otherwise or we have ascertained that you have not died.
BYBLET reserves the right, at its sole and absolute discretion, to modify, replace, supplement or delete any of the terms of this Agreement, including any operational rules, policies or procedures incorporated by reference (including without limitation, heightened security measures in relation to account opening, subsequent screenings and multi-factor authentication resetting), or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. Such modifications shall become part of this Agreement and are automatically effective once posted on the Site or otherwise notified to you. We may, but are not required to, send you an email about such modifications. This Agreement may not be orally amended. BYBLET may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the terms of this Agreement periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of the changes.
Our Services and certain pages of the Site are available only to Users who have been authorized by us to access those Services and web pages on the Site. Such authorization may require completion of a user questionnaire (and providing additional verification) and satisfactory background information screening and/or identification verification. Only Users with a valid User ID and password (and other security details, as applicable) are authorized to access the Services on the Site and any related web pages. As part of BYBLET's authorization process, each User shall be required to provide, among other things, a valid email address and/or mobile phone number. In providing their email address and/or mobile phone number and agreeing to these Terms of Use, each authorized User consents to receiving email and/or mobile notifications from us concerning offerings by issuers.
Unauthorized use of the Site and our Services by you or others using your account(s) to conduct any illegal activity, including but not limited to laundering money, funding terrorism or other illegal activities, is strictly prohibited. The misuse or sharing of passwords or misuse of any other information is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or Services or interfere with any other party's use and enjoyment of the Site or Services. You agree that you will not engage in any activities related to the Site or Services that are contrary to applicable laws and which would damage the reputation and branding of BYBLET, its affiliates and the Platform. You further agree that you are responsible for any unauthorized use of your password and other security details and, in respect of corporate users, the authorized or unauthorized use and resetting of your password and other security details by persons within your entity, and in such cases, BYBLET shall not be liable in any manner in respect of any disputes, cost or losses arising from or in connection with the abovementioned circumstances and BYBLET shall continue to act or handle the matter in accordance with the terms and conditions herein and other applicable policies and guidelines of BYBLET. BYBLET reserves the right at its sole and absolute discretion to, at any time, suspend or cancel your password, require additional information and data to our satisfaction in relation to account or multifactor authentication resetting or otherwise disable your access to the Site, even without receiving such notice from you or providing notice to you, if we suspect that your account(s) is being used in an illegal, unauthorized or fraudulent manner.
Notwithstanding the above, you are responsible for monitoring your account(s) and should promptly report any illegal, unauthorized or suspicious activity in your account(s) to us.
BYBLET owns and retains all proprietary rights in the Site, the Services and all material and information posted thereon ("Content"). The Site contains the copyrighted material, trademarks and other proprietary information of BYBLET and its licensors. You may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information of BYBLET, or otherwise use, adopt, copy, save, transfer or transmit any Content or other such proprietary information without the express written permission of BYBLET. You further undertake not to extract any information or content from our Site for improper and ingenuine use.
In addition, to the extent you receive information from BYBLET or other Users with respect to any investment activity on the Site, you may not further disclose or otherwise provide such information to another party in any way that allows a personal identification of such User. You agree that BYBLET may, at its sole and absolute discretion and to the extent permitted by applicable laws, access, read, preserve and disclose your account information, usage history and submitted Content in order to (i) cooperate with law enforcement or regulatory or self-regulatory organizations, (ii) comply with a legal obligation, (iii) protect and defend the rights or property of BYBLET, (iv) act in urgent circumstances to protect the personal safety of Users of the Site and the Platform or the public against fraud or other harm, (v) enforce this Agreement and other User-related agreements, (vi) protect against legal liability, (vii) comply with any applicable law, legal process, or governmental request; (viii) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (ix) enforce this Agreement and investigate potential violations thereof; (x) detect, prevent, or otherwise address fraud, security, or technical issues; (xi) respond to your requests for customer service; or (xii) protect the rights, property, or personal safety of BYBLET, Users, or the public.
If you believe that any material on the Site violates this Agreement or your intellectual property rights, please notify us as soon as possible and provide the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole and absolute discretion. In appropriate circumstances, BYBLET will also terminate a User's Account(s) (e.g. if the User is determined to be a repeat infringer).
The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under BYBLET's control, and you acknowledge that BYBLET is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any link to third-party websites or resources on the Site does not imply any sponsorship or endorsement by BYBLET of, or any association or affiliation by BYBLET with, the operators of the linked website or resource. You further acknowledge and agree that BYBLET shall not be responsible or liable, directly or indirectly, for any damage or loss (including indirect, incidental, special and/or consequential damages) caused or alleged to be caused by or in connection with the use of or reliance on any information, goods or services available on or through any such website or resource. You should also be aware that the terms and conditions and privacy policy of such sites may be different from those applicable to your use of the Site and Services.
BYBLET may provide messaging capabilities in order for you to communicate with other Users on the Site. You agree that the messaging services do not entangle in such communication or in any way indicate that BYBLET has adopted the communication transmitted via such services. We make no representation as to accuracy of the information communicated directly between Users or among Users and have no control or compliance oversight over such communication. BYBLET is not liable for any incorrect or inaccurate information communicated via the messaging services, howsoever caused or arisen. In addition, any third-party posts on the Site do not reflect the position of BYBLET and were not reviewed by us for completeness and accuracy. The third-party posts are neither endorsed nor adopted by BYBLET.
BYBLET may terminate your access to all or any part of the Site and Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account(s). If you wish to terminate your account(s), you may notify us in writing. All provisions of this Agreement shall survive termination, including, without limitation, your pre-termination representations, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
BYBLET has no special relationship with or fiduciary duty to you. You acknowledge that BYBLET has no control over, and no duty to take any action regarding: which Users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release BYBLET from all liability for you having acquired or not acquired Content through the Site. BYBLET makes no representations concerning any Content contained in or accessed through the Site, and BYBLET will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
BYBLET neither represents, warrants, covenants, guarantees, nor promises any specific results from use of the Site.
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED ON "AS IS" AND “AS AVAILABLE” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF CORRECTNESS, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BYBLET DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SERVICES. WE DO NOT UNDERTAKE NOR TAKE ANY LIABILITY IN RESPECT OF THE ACCURACY, SECURITY AND/OR UNINTERRUPTEDNESS OF THE SITE, THE SERVICES OR THE PLATFORM.
BYBLET will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third-party data or the transmission or delivery of any such third-party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third-party data due either to any negligent act or omission by BYBLET or "force majeure", pandemic or any other cause beyond the control of BYBLET. Such errors would include input instructions errors, including price or quantity errors caused by key input errors (fat fingering), transposing numbers, misplacing decimals, duplicate or failed trade instructions or Digital Currencies sent to the wrong wallet address (for example, Bitcoin sent to a Bitcoin Cash address).
BYBLET makes no guarantee of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. BYBLET will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any other content stored on BYBLET's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
BYBLET shall not be liable for any delays, failure in performance or interruption of service arising from or in connection with any occurrence beyond our control, including but not limited to significant market volatility, regulatory action, change of law, acts of God, act of civil or military authorities, terrorist attack, pandemic, epidemic, civil disturbance, government shutdown (however caused), war, strike, labor dispute, fire, interruption in telecommunications or Internet services or network provider services, system outages, block chain processing back-ups, traffic jams or delays, failure of equipment and/or software, or any catastrophe.
You shall defend, indemnify, and hold harmless BYBLET, its affiliates and each of its and its affiliates’ employees, contractors, managers, directors, officers, suppliers, partners, advisers, agents and representatives from all liabilities, claims, and expenses, including reasonable legal fees, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content or otherwise from your setting up of account(s) on the Platform (including breach of your warranties and representations to us), violation of the Agreement and related rules and policies of the Platform such as making derogatory remarks, transmitting sensitive political information, publishing or circulating pornographic contents, illegal advertisements, censurable violence, insulting or slandering comments, or any of your remarks or statements to any third party in relation to our Site, Services or Content, or any infringement by you, or any third party use of your account(s), of any intellectual property or other right of any person or entity. BYBLET reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with BYBLET in asserting any available defenses.
You agree not to game or take advantage of any BYBLET limitations, rules or system glitches or similar occasions that would unjustly enrich you. You agree to notify BYBLET immediately of any activity or technical failures which would jeopardize the integrity of the Platform, and you agree to cooperate fully in remedying the failure and mitigating the loss to BYBLET and other Users. You also agree to bear the costs of recovery BYBLET may incur for any unjust enrichment gained by your exploiting or gaming limitations of the Platform.
IN NO EVENT SHALL BYBLET, NOR ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISERS, CONTRACTORS, MANAGERS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE REMEDIES WITH RESPECT TO THE SERVICES FOR ANY DIRECT OR INDIRECT LOSSES, DAMAGES OR COSTS, SPECIAL, INCIDENTAL, PUNITIVE, ASSOCIATED, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGE TO GOODWILL, LOST PROFITS, LOST BUSINESS, LOST OPPORTUNITIES, PERSONAL DAMAGE, LOSS OF BUSINESS, FINANCIAL AND PERSONAL DATA AND/OR INFORMATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF ANY OTHER RELIANCE INTERESTS, HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO:
i. ANY ACTION OR INACTION IN ACCORDANCE WITH THIS AGREEMENT OR THE EXERCISE OR NOT OF ANY RIGHT, POWER, AUTHORITY OR DISCRETION CONFERRED ON BYBLET OR BYBLET GROUP BY OR IN CONNECTION WITH THIS AGREEMENT,
ii. ANY INACCURACY, DEFECT OR OMISSION OF ANY DATA AND/OR INFORMATION (INCLUDING THOSE PROVIDED, SHARED OR PUBLISHED BY US OR THIRD PARTIES), ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA AND/OR INFORMATION, AND INTERRUPTION IN ANY SUCH DATA AND/OR INFORMATION, REGARDLESS OF SOURCE OF ORIGINATION (SUCH AS MALICIOUS HACKS, MALWARE AND OTHER UNPREDICTABLE FACTORS),
iii. REGULAR OR UNSCHEDULED MAINTENANCE AND UPDATES WE CARRY OUT INCLUDING ANY SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE AND UPDATE,
iv. YOUR AND OTHER USERS’ IMPROPER OPERATIONS, ACTIONS, OMISSIONS OR BREACHES OF THIS AGREEMENT AND RELATED RULES AND POLICIES OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTIES AND REPRESENTATIONS TO US, MAKING DEROGATORY REMARKS, TRANSMITTING SENSITIVE POLITICAL INFORMATION, PUBLISHING OR CIRCULATING PORNOGRAPHIC CONTENTS, ILLEGAL ADVERTISEMENTS, CENSURABLE VIOLENCE, INSULTING OR SLANDERING COMMENTS, OR ANY OF YOUR REMARKS OR STATEMENTS TO ANY THIRD PARTY IN RELATION TO OUR SITE, SERVICES OR CONTENT, OR ANY INFRINGEMENT BY YOU, OR ANY THIRD PARTY USE OF YOUR ACCOUNT(S), OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS AND INTERESTS OF ANY PERSON OR ENTITY,
v. ACTIONS OR OMISSIONS OF ANY THIRD PARTIES, SUCH AS LOSS OF, DAMAGE TO OR LEAKAGE OF BIOMETRICS FEATURES, LIVENESS DETECTION OR IDENTITY DOCUMENTATION OR DATA PROCESSING, USAGE OR STORAGE HANDLED OR PERFORMED BY THIRD PARTY SERVICE PROVIDERS OR PARTNERS,
vi. THE PASSING OR THE FAILURE OF PASSING OF OUR CLIENT ONBOARDING PROCESS, SUBSEQUENT SCREENINGS AND ACCOUNT RESETTING (INCLUDING MULTI-FACTOR AUTHENTICATION RESETTING) AS A RESULT OF OR IN RELIANCE BY US OF: (A) FAULTY OR ERRONEOUS RESULTS OR SERVICES FROM THIRD PARTY SERVICE PROVIDERS OR (B) YOUR PROVISION OF THE REQUIRED DATA AND INFORMATION IN RESPECT OF THE ABOVEMENTIONED PROCESSES DESPITE SUCH PROVISION WAS MADE UNDER UNDUE INFLUENCE OR DURESS,
vii. OUR REFUSAL OR DELAY IN ACTING UPON ANY INSTRUCTIONS FROM YOU (INCLUDING WITHDRAWAL OF ANY ASSETS), OR THE ABSENCE OR DELAY OF ANY INSTRUCTIONS FROM YOU, HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO MULTI-FACTOR AUTHENTICATION RESETTING WHETHER DURING ANY PROCESSING PERIODS, SECURITY COOLING-OFF PERIOD OR DURING ANY OTHER PERIODS IMPOSED BY US,
viii. OUR DECISION TO (A) REJECT YOUR APPLICATION TO OPEN AN ACCOUNT WITH US, (B) US CLOSING YOUR ACCOUNT(S) OR (C) SUSPENSION OF YOUR ACCESS TO OUR SERVICES OR SUSPENDING OUR PROVISION OF ANY OF THE SERVICES TO YOU, FOR ANY REASON INCLUDING WITHOUT LIMITATION DUE TO SECURITY, RISK-CONTROL OR COMPLIANCE REASONS OR REQUIRED BY ANY REGULATORY AUTHORITY,
ix. FAILURE OF A TRANSACTION, THE LENGTH OF TIME NEEDED TO COMPLETE ANY TRANSACTION OR ANY TRANSFER OF ASSETS, AUTHORIZED OR NOT AND HOWSOEVER ARISING (FOR INSTANCE, DUE TO MULTI-FACTOR AUTHENTICATION RESETTING AND MALICIOUS ATTACKS) AT ANY TIME (FOR INSTANCE, DURING ANY PROCESSING PERIODS, SECURITY COOLING-OFF PERIOD OR ANY OTHER PERIODS IMPOSED BY US),
x. ANY BUGS, VIRUSES, TROJAN HORSES, SPYWARE OR OTHER MALWARE OR REASONS ATTRIBUTABLE TO YOU AFFECTING YOUR COMPUTER, EMAIL OR OTHER COMMUNICATION/MESSAGING SYSTEM OR OTHER HARDWARE DEVICES/EQUIPMENT (INCLUDING BUT NOT LIMITED TO MOBILE PHONES OR SIM CARDS) RESULTING IN LOST OR STOLEN ASSETS, PASSWORDS OR OTHER SECURITY KEYS SUCH AS GOOGLE AUTHENTICATOR, HACKED PASSWORDS OR OTHER SECURITY KEYS, LOST OR DAMAGED RECORDS OR DATA, EXTORTION, KIDNAPPING, UNAUTHORIZED ACCOUNT ACCESS OR TRANSACTIONS OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION, HOWSOEVER ARISING),
xi. ANY LOSS OF, THEFT OF, DESTRUCTION OF, OR COMPROMISE OF, OR INABILITY TO ACCESS: YOUR ACCOUNT(S), YOUR PASSWORDS OR OTHER SECURITY DETAILS SUCH AS GOOGLE AUTHENTICATOR, OR YOUR ASSETS IN YOUR ACCOUNT(S), HOWSOEVER CAUSED OR ARISEN (INCLUDING BUT NOT LIMITED TO DAMAGE OR COMPROMISE OF COMPUTER, EMAIL OR OTHER COMMUNICATION/MESSAGING SYSTEM OR OTHER HARDWARE DEVICES/EQUIPMENT SUCH AS MOBILE PHONES OR SIM CARDS),
xii. THE UNAUTHORIZED CHANGE, USE, REPLACEMENT, DELETION OR ISSUANCE OF YOUR PASSWORDS OR OTHER SECURITY DETAILS, OR IN RESPECT OF CORPORATE USERS, THE CHANGE, USE, REPLACEMENT, DELETION OR ISSUANCE OF YOUR PASSWORDS OR OTHER SECURITY DETAILS AS AUTHORIZED BY YOUR ULTIMATE BENEFICIAL OWNER OR OTHER AUTHORIZED PERSONS WITHIN YOUR ENTITY OR THE SETTING, CHANGING, ADJUSTMENT OR REMOVAL OF THE SCOPE OF AUTHORIZATION AND/OR THE AUTHORIZATION LEVEL WITHIN SUCH CORPORATE USERS, WHETHER SUCH SETTING, CHANGING, ADJUSTMENT OR REMOVAL IS AUTHORIZED OR NOT, AND ANY LOSSES, DAMAGES OR COSTS ARISING FROM OR IN CONNECTION WITH ANY DISPUTES ARISING FROM THE ABOVEMENTIONED CIRCUMSTANCES,
xiii. ANY LOSSES OR DAMAGES ARISING FROM OR IN CONNECTION WITH ANY (A) INSTRUCTIONS ORIGINATED FROM YOU (OR PERCEIVED BY US TO BE ORIGINATED FROM YOU), (B) ACTIONS ON OUR PART TO FOLLOW OR CARRY OUT THE INSTRUCTIONS ORIGINATED OR PERCEIVED TO BE ORIGINATED FROM YOU, (C) DELAY OR REFUSAL IN RESETTING YOUR ACCESS, ACCOUNT OR RELATED MATTERS OR (D) RESTRICTIONS ON OR RESTRICTED PERIODS OF WITHDRAWAL OF ASSETS, AS A RESULT OF OR IN CONNECTION WITH PARAGRAPHS (X), (XI) AND (XII) ABOVE,
xiv. YOUR SETTING UP OF AN ACCOUNT WITH STOLEN, FRAUDULENTLY USED OR MISUSE OF PERSONAL INFORMATION,
xv. YOUR USE OF THE INTERNET TO CONNECT TO OUR SERVICES, INCOMPATIBILITY OF YOUR HARDWARE DEVICES/EQUIPMENT OR SOFTWARE SYSTEM, ANY TECHNICAL PROBLEMS, SYSTEM FAILURES, MALFUNCTIONS, COMMUNICATION LINE FAILURES, HIGH INTERNET TRAFFIC OR DEMAND OR ANY SIMILAR TECHNICAL PROBLEMS OR DEFECTS RESULTING IN LOSSES AND DAMAGES SUCH AS FAILED OR REPEATED TRANSACTIONS,
xvi. ANY LOSSES OR DAMAGES SUFFERED OR LIKELY TO BE SUFFERED BY YOU AS A RESULT OF ANY THIRD PARTY’S ACTION OR OMISSION (INCLUDING WITHOUT LIMITATION THIRD PARTY FRAUD, SCAMS OR HACKS THAT TARGET OR INVOLVE BYBLET OR BYBLET GROUP), OR AS A RESULT OF THIRD PARTY’S SYSTEM/TECHNICAL ISSUES, BANKRUPTCY, LIQUIDATION OR OTHER SIMILAR CREDIT-RELATED EVENTS,
xvii. ANY INTERRUPTION OR DELAY IN RESPECT OF ANY TRANSACTIONS, SUBMISSION OF ERRONEOUS TRANSACTIONS OR RESULT IN MAKING REPEATED INSTRUCTIONS AS A RESULT OF OR IN CONNECTION WITH PARAGRAPHS (XV) AND (XVI) ABOVE,
xviii. ANY LOSSES OR DAMAGES ARISING FROM OR IN CONNECTION WITH ANY RISKS INHERENT OR INCIDENTAL TO THE USE OF THE SERVICES OR TRADING ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO THOSE IDENTIFIED IN THE RISK DISCLOSURES ACCOMPANYING THESE TERMS OF USE AND OTHER APPLICABLE RISK DISCLOSURES, AS UPDATED FROM TIME TO TIME,
xix. ANY LOSSES OR DAMAGES FORMING PART OF A CLAIM THAT HAS NOT BEEN COMMENCED BY WAY OF FORMAL LEGAL ACTION WITHIN ONE CALENDAR YEAR OF THE EVENT GIVING RISE TO THE CLAIM,
xx. ANY CHANGES OR AMENDMENTS TO OUR OPERATIONS, POLICIES AND PROCEDURES FOR ANY REASON OR AS A RESULT OF CHANGE OF LAW, RULES, REGULATIONS AND POLICIES, AND
xxi. FORCE MAJEURE SUCH AS WAR, COMMUNICATION FAULT, NATURAL DISASTER, STRIKE, RIOTS, PANDEMIC, EPIDEMIC AND ANY ACTIONS TAKEN BY ANY GOVERNMENT DEPARTMENT OR AUTHORITY,
EXCEPT WHERE THE DIRECT LOSSES AND DAMAGES ARE CAUSED BY WILFUL MISCONDUCT OR FRAUD ON THE PART OF BYBLET.
WITHOUT PREJUDICE TO THE PROVISIONS IN THIS CLAUSE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, BYBLET’S AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO YOUR DIRECT LOSSES AND DAMAGES WHICH ARE NOT EXCLUDED IN THIS CLAUSE AND SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO BYBLET, IN CONSIDERATION OF THE SERVICES, IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LOSSES AND DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF AN APPLICABLE LAW IMPOSES A LIABILITY ON BYBLET WHICH CANNOT BE EXCLUDED BUT PERMITS BYBLET TO LIMIT THAT LIABILITY, BYBLET’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to waive any right to sue in court and have a trial in front of a judge or jury. You are instead electing that all disputes under this Agreement be resolved by arbitration, except where otherwise required by applicable laws.
You agree that you may bring claims against BYBLET only on an individual basis and not as a plaintiff, private attorney general, class representative or class member in any purported class action, collective action, or representative proceeding, and further agree to waive the right to have any claim or dispute brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis. Unless BYBLET agrees in writing, your claims cannot be arbitrated or consolidated with those of any other User, and the arbitrator shall have no authority to resolve any dispute or issue any relief other than on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual dispute.
This Agreement is the entire agreement between you and BYBLET with respect to the Services and use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BYBLET with respect to the Services or the Site. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
BYBLET reserves the right to suspend or terminate your account(s) if we believe, in our sole and absolute discretion, that you are using your account(s) in way that could expose BYBLET to liability (including but not limited to civil or criminal liability), reputational risk or brand damage, including but not limited to using your account(s) to engage in any activity, transaction or business related to the following: alcohol, tobacco, pharmaceuticals, illegal drugs, marijuana, drug paraphernalia, firearms, ammunition, weapons, sexually oriented activities or materials, pornography, obscene or offensive activities or materials, materials or activities that promote intolerance, violence or hate, political, religious or spiritual organisations, multi-level marketing, Ponzi or pyramid schemes, illegal gambling, gaming, lotteries or sweepstakes, counterfeit materials, deceptive marketing or false advertising, terrorist financing, fraud, scams, money laundering, unlicensed virtual assets-related or fiat-related service businesses, shell banks, or any other illegal activities or activities with unlawful or improper purpose.
BYBLET is committed to the highest standards of market surveillance and requires you to adhere to the same standards to prevent the use of the Platform for market manipulation and to engage in improper, abusive market activities or other market misconduct activities, including but not limited to insider dealing, false trading, market distortion, price rigging, disclosure of information about prohibited transactions, disclosure of false or misleading information inducing transactions and other improper behavior.
You agree to comply with the same standards and not engage in activities which constitute improper, abusive activities or other market misconduct activities (including those mentioned above) under applicable laws. BYBLET reserves the right to suspend or terminate your account(s) and report the relevant activities to the relevant government authorities if we suspect of any such relevant activities.
This Agreement shall be governed by and construed in accordance with the laws of Costa Rica. Any dispute arising out of or in connection with this Agreement shall be resolved amicably in good faith by BYBLET and you. If any dispute remains unresolved after thirty (30) calendar days of negotiations, such dispute shall be referred to and finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Arbitration Rules for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The arbitration shall be conducted in English, with one (1) arbitrator. The arbitrator’s decision and arbitral award shall be final and binding. The arbitration fee shall be borne by the losing party unless otherwise determined by the arbitral award. Arbitration supersedes any entitlement to litigation.
By using our Site or Services, you confirm and agree that:
i. you will not access our Site or use our Services from jurisdictions which do not permit you to engage in the Services provided by us;
ii. our Services are made available to you in response to your request and demand, and we have not proactively marketed our Site or Services to you or solicitate your custom in any manner;
iii. you have read and understood all of the terms and conditions herein including any accompanying privacy notice and risk disclosures; and
iv. you intend to form a legally binding and valid contract under which you will be bound by all of the above terms and conditions including any accompanying privacy notice and risk disclosures.
This Appendix governs the margin financing facilities (“MF Facilities”) in connection with the Services. It supplements, and should be read together with, the Terms of Use and any other terms and conditions governing the MF Facilities, as may be amended from time to time. It forms an integral part of the Agreement. Capitalised terms used but not defined in this Appendix shall have the meanings ascribed to them elsewhere in the Agreement.
1. Definitions and Interpretation:
In this Appendix, the following expressions, unless the context requires otherwise, shall have the following meanings:
1.1 “Charged Assets” means:
(a) all products, receivables, monies and any other property in the margin account from time to time;
(b) all other products, receivables, monies and property of yours which are now or shall in the future come into the possession, custody or control of BYBLET, its nominees or any member of the BYBLET Group for any purpose whatsoever;
(c) all additional or substituted products; and
(d) all dividends, distributions or interest paid or payable, rights, interests, monies, entitlements, other payments or property accruing or offered at any time by way of redemption, bonus, preference, option or otherwise on or in respect of any of the above, including, for the avoidance of doubt, the Margin;
1.2 “Collateral” means:
(a) any assets (whether fiat, crypto assets or both) in your account(s) subject to MF Facilities;
(b) any Encumbrance created by you under the Agreement, or
(c) any other existing or future Encumbrance granted by you in favour of any BYBLET Group members or their nominees to secure the payment or discharge of the Liabilities;
1.3 “Eligible Assets” means such products which are determined by BYBLET to be acceptable for the purpose of forming the Margin;
1.4 “Encumbrance” means any mortgage, charge, pledge, debenture, lien, assignment by way of security, financial lease, deferred purchase, sale-and-repurchase or sale-and-leaseback arrangement, hypothecation, retention of title by a vendor, third party right or interest, or other encumbrance or security interest of any kind given or arising in respect of any assets, or any arrangement the effect of which is to prefer any creditor or any agreement over any other creditor or agreement, and includes any agreement or obligation to create or grant any of the above;
1.5 “Liabilities” means all monies, indebtedness, liabilities and obligations, whether actual or contingent, present or future, primary or collateral, secured or unsecured, now or from time to time due, owing or incurred from or by you to any BYBLET Group member or its nominees in connection with any margin account or the Agreement or for which you may otherwise be or become liable to any BYBLET Group member or its nominees, in any manner or currency whatsoever (whether as principal debtor or surety and whether alone or jointly with any other person and in whatever name, capacity, style or form), including all pecuniary obligations arising out of currency, stock broking, margin trading and other financial transactions, together with interest (from the applicable due date or otherwise the date of demand up to and including the date on which BYBLET receives actual and unconditional payment in full), legal costs and all other fees, costs, charges and expenses incurred by any BYBLET Group member or its nominees in connection with such monies, indebtedness, liabilities and/or obligations (including without limitation any foreign exchange losses and expenses incurred in the recovery or attempted recovery of such monies, indebtedness, liabilities and/or obligations or the enforcement of BYBLET's rights and powers under the Agreement);
1.6 “Margin” means the monies and Eligible Assets which are or shall at any time hereafter be required by BYBLET or as required under applicable laws, to be paid to, deposited with, transferred or caused to be transferred to, or held by, BYBLET or its nominee as security for the MF Facilities;
1.7 “Margin Call” has the meaning given to it in Clause 3.1 (Margin Call) of this Appendix;
1.8 “Margin Percentage” means such percentage of the market value of the Eligible Assets (as determined by BYBLET) up to which you are permitted to borrow (or otherwise secure other forms of financial accommodation) from BYBLET against the Margin; and
1.9 “MF Facilities” means the revolving credit facilities to be made available from time to time by BYBLET to you subject to the provisions of the Agreement and the specific terms agreed between BYBLET and you from time to time, and includes all amounts debited to the margin account. For the avoidance of doubt, the MF Facilities are regarded as having been granted to you upon the successful opening of a margin account by you with BYBLET.
2. Margin Financing Facilities
2.1 Purpose: The purpose of the MF Facilities is to finance the acquisition or holding of products (that are acceptable to BYBLET) by you through its margin account (which is your trading account with BYBLET) from time to time.
2.2 Limits and Discretion: The facility limit of the MF Facilities shall be such amount as determined by BYBLET from time to time. BYBLET may, at its absolute discretion and at any time, give notice to you to increase or decrease the facility limit of the MF Facilities, to cancel or terminate the MF Facilities, to refuse to make any advance under the MF Facilities (whether or not its facility limit has been exceeded) and to demand immediate payment of all moneys and sums, whether principal, interest or otherwise, then owing by you to BYBLET in respect of the MF Facilities.
2.3 Amount Due: A certificate issued by BYBLET stating the amount at any particular time due and payable by you to BYBLET under the MF Facilities shall, in the absence of manifest error, be conclusive and binding against you.
2.4 Settlement: BYBLET is authorised to draw on the MF Facilities to settle any amount due to BYBLET in respect of your purchase of products and any related costs and expenses.
3. Margin
3.1 Margin Call: You shall monitor, and maintain at all times, sufficient Margin to meet any applicable margin requirement (whether imposed by BYBLET or applicable laws) and, on demand from BYBLET, make payments or deposits of additional Margin in such amount, form, manner and time limit as BYBLET in its absolute discretion considers to be necessary to provide adequate security in respect of the Margin Percentage and the MF Facilities ("Margin Call").
3.2 Amounts: The amounts required by way of Margin should not be less than, but may exceed, the amounts as may be required by applicable laws.
3.3 Notice: You agree that a Margin Call shall be deemed properly made after BYBLET has given notice to you at your email address on file with us. Notwithstanding the foregoing, BYBLET has no obligation to notify you of your failure to maintain sufficient Margin and, upon such occurrence, is entitled to, without further notice or demand to you, take any action specified in Clause 6 (Authorized Interventions) of this Appendix.
3.4 Title to Margin: You must have good right and title to deposit the Margin and beneficially own the same free from any lien, charge or Encumbrance of any kind.
3.5 Continuing Security: The Margin shall form part of the Collateral as a continuing security in favour of BYBLET for the payment and satisfaction of all Liabilities due or owing by you to BYBLET under the MF Facilities or otherwise.
4. Operation of MF Facilities
4.1 Collateral: For the avoidance of doubt, where BYBLET grants any MF Facilities to you, the Collateral shall (without the need for any other documentation signed by you) also secure Liabilities arising from or in connection with such MF Facilities.
4.2 Interest: Interest shall accrue on all outstanding amounts under the MF Facilities at such rates and on such other terms as determined by BYBLET from time to time, which rates and terms may or may not be notified to you.
4.3 Refusal to Withdraw: For so long as any Liabilities remain outstanding to BYBLET, BYBLET shall be entitled to refuse any withdrawal of any or all of the Margin.
4.4 Termination: Notwithstanding anything to the contrary herein, BYBLET may terminate the MF Facilities at any time without prior notice at its sole discretion.
5. Margin Trigger Conditions
5.1 BYBLET may exercise the rights set forth in this Clause upon the occurrence of any of the following (each a “Margin Trigger Condition”):
(a) your margin ratio as calculated by us falls below the maintenance margin ratio applicable to the relevant open position as required by us;
(b) the equity balance in the margin account is insufficient to satisfy any outstanding obligation to BYBLET;
(c) BYBLET determines that your portfolio poses (or is likely to pose) unacceptable risk to BYBLET, other users, or the orderly operation of the platform, including but not limited to situations of concentrated exposure, correlated positions across multiple instruments, or abnormal market conditions; or
(d) BYBLET is required to take action by applicable law, rule, regulation, or to comply with an order of a competent authority or requests and investigations from a competent regulatory authority.
6. Authorized Interventions
6.1 Upon the occurrence of any Margin Trigger Condition, BYBLET is authorized, without prior notice to you and without your consent, and you irrevocably authorize BYBLET, to take any one or more of the following actions, in any order and combination, as BYBLET deems appropriate:
(a) Order Cancellation: cancel any or all of your outstanding open orders;
(b) Position Reduction: partially or fully close any open position at the prevailing market price or at such other price as BYBLET determines;
(c) Position Takeover: take over the control in respect of any open position, which may manage, hold, reduce, or close such position at a time and at a price as determined by BYBLET;
(d) Hedging by Opening New Positions: open new positions in any instrument including but not limited to perpetuals and futures on your behalf for the purpose of hedging, offsetting, or otherwise reducing the risk exposure of your existing portfolio, including but not limited to opening short positions to offset long exposure or vice versa. You acknowledge that such new positions may themselves be subject to margin requirements and may result in additional gains or losses;
(e) Asset Conversion: convert any Digital Asset such as cryptocurrency or tokens held in your account(s) into any other asset at BYBLET’s prevailing conversion rate, to satisfy margin requirements or cover outstanding losses;
(f) Cross-Account Netting: apply balances held in any of your accounts on the Platform against obligations arising in any other of your accounts;
(g) Auto-Deleveraging: if the Insurance Fund is insufficient to cover losses arising from liquidated positions, reduce or close positions of other users ranked by profitability and leverage in accordance with BYBLET’s auto-deleveraging policy, and apply the proceeds to cover such losses. You acknowledge that your own positions may be subject to auto-deleveraging as a counterparty;
(h) deposit your Margin with a clearance system;
(i) deal with your Margin in any manner as BYBLET considers appropriate for the purpose of enforcing the Margin (including any sale of any Collateral to realise monies to make any payment due from you to BYBLET pursuant to the Agreement);
(j) apply any of the Charged Assets pursuant to a borrowing and lending agreement or a repurchase agreement;
(k) deposit any of the Charged Assets with any other person as collateral for financial accommodation;
(l) deposit any of the Charged Assets with a clearing house or a securities broker, as collateral for the discharge and satisfaction of BYBLET’s settlement obligations and liabilities; and
(m) take any other actions considered desirable or necessary by BYBLET for the purpose of facilitating, conducting or settling any transactions in which you are involved or maximizing the value of or profit accruing from the Charged Assets,
in each case to the fullest extent permitted by applicable laws.
6.2 You shall be liable for any negative balance that may arise from such liquidation or action taken by BYBLET under this Clause and shall pay to BYBLET an amount equal to such negative balance together with any other costs and expenses incurred by BYBLET in connection with any action taken or transaction effected by BYBLET pursuant to this Clause. None of the BYBLET Group, or their respective directors, employees, officers, advisers, partners, contractors or agents shall be liable for any loss and damage sustained by you in connection with any action taken or transaction effected by BYBLET pursuant to this Clause (irrespective of the manner of occurrence), including where BYBLET initially delays in effecting, but subsequently effects, such close-out or liquidation. You further agree to give such standing authorities as required, and in such form as specified, by BYBLET from time to time in connection with, but not limited to, laws, rules and regulations related to client assets and client moneys of applicable jurisdictions.
6.3 BYBLET makes no representation that any action taken as permitted in this Clause will be executed at any particular price, or that any such action will prevent losses to your account(s). The actual execution price may differ materially from any estimated liquidation price or similar price displayed on the Platform. BYBLET shall not be liable for any slippage, market impact, opportunity cost and any other loss and damages arising from or in connection with any such action.
6.4 Nothing in this Clause obligates BYBLET to take any action at any particular time or in any particular manner. A delay or failure by BYBLET to exercise any right under this Clause shall not constitute a waiver of such right.
6.5 You remain liable for any shortfall between the proceeds of any action taken by BYBLET in this Clause and your total outstanding obligations to BYBLET. BYBLET reserves the right to pursue recovery of any such shortfall through any and all available legal means.
7. Insurance Fund
7.1 BYBLET maintains an insurance fund which is funded by the positive residual margin of successfully liquidated positions. The insurance fund may be applied, as determined by BYBLET, to cover losses from positions that cannot be closed at the best liquidation price as determined by BYBLET or those that cannot be closed. BYBLET does not guarantee the sufficiency of the insurance fund at any time.
8. Indemnification
8.1 You agree to indemnify and hold harmless BYBLET, its affiliates and each of its and its affiliates’ employees, contractors, managers, directors, officers, suppliers, partners, advisers, agents and representatives from all losses, damages, liabilities, claims, and expenses, including reasonable legal fees, that arise from or relate to any action taken by BYBLET pursuant to Clause 6, including actions taken in connection with the opening of new positions and liquidating any open positions.
This Appendix governs the purchasing credit facility (“Purchasing Credit Facility”) in connection with the Services. It supplements, and should be read together with, the Terms of Use and any other terms and conditions governing the Purchasing Credit Facility, as may be amended from time to time. It forms an integral part of the Agreement. Capitalised terms used but not defined in this Appendix shall have the meanings ascribed to them elsewhere in the Agreement.
The Purchasing Credit Facility offered by BYBLET is designed to enable you to take a portion of the Digital Assets in your crypto trading Account and convert it to a purchasing credit in your securities trading Account (“Conversion”). You must have opened both the crypto Account and securities Account with the BYBLET Group before you are eligible for this service.
Definitions and Interpretation
In this Appendix, the following expressions, unless the context requires otherwise, shall have the following meanings:
“Applied Crypto Amount” means the amount of the Digital Assets in your crypto trading Account that you intend to convert into securities purchasing credit;
“Collateral” means (i) any and all assets in the relevant trading Account(s) and (ii) any proceeds arising from the sale of the foregoing, in each case, minus any haircut, that are not carved out or exempted from serving as collateral pursuant to applicable terms and conditions of the BYBLET Group;
“Collateral Value” means the value of Collaterals in the relevant trading Account(s);
"Conversion" means the conversion of Digital Assets in your crypto trading Account to a purchasing credit in your securities trading Account pursuant to the terms and conditions of the Purchasing Credit Facility;
“Conversion Credit” means the amount of purchasing credit converted from the Digital Assets in your crypto trading Account, representing a purchaser power in your securities trading Account, for the purposes of purchasing securities pursuant to the terms and conditions of the Purchasing Credit Facility;
“Liquidation” means the sale of any and all of your assets in the relevant trading Account(s) by the Platform at its discretion, in terms of the order/priority of sale and amount of sale, without further or prior notice to you, in order to recover liabilities owed by you;
“Margin Requirement” means the minimum amount of assets and/or Collaterals required to be deposited into or maintained in the relevant trading Account(s) in as determined by the Platform;
“Margin Call” means a notification from the Platform to you to deposit additional collateral in such amount, form and manner in the relevant trading Account(s) within the prescribed time to avoid Liquidation of the relevant trading Account(s);
“Purchasing Credit Facility” means the facility available on the Platform for converting Digital Assets into securities purchasing credit to be made available from time to time by BYBLET to you subject to the provisions of the Agreement and the specific terms agreed between the Platform and you from time to time;
“Redemption” means the redemption or conversion of the Conversion Credit in the securities trading Account back to the crypto trading Account; and
“Redemption Credit” means the amount of Conversion Credit in the securities trading Account to be redeemed or converted back into the crypto trading Account.
Conversion Request
You may submit a request for the Purchasing Credit Facility on the Site, by selecting the amount of the Digital Assets in your crypto trading Account that you intend to convert into securities purchasing credit (“Applied Crypto Amount”).
You may only convert Digital Assets which are available in your crypto trading Account which are not pledged, encumbered or subject to an unsettled or open order at the time of Conversion. Whether the Digital Assets in your crypto trading Account are available for these purposes is determined by BYBLET in its discretion. For the avoidance of doubt, the availability of Digital Assets in your crypto trading Account does not mean that you will continue to satisfy any applicable Margin Requirements and/or Collateral Value after the Conversion.
BYBLET may set, vary and apply a minimum or maximum amount, increments and limits on the number and/or frequency of the Conversions, in each case for the operational efficacy of BYBLET in its discretion. BYBLET may reject any Conversion request which does not comply with any of those requirements.
The default currency of the purchasing credit (“Conversion Credit”) from which such Applied Crypto Amount converts into in the securities trading Account is USD, the currency of which may subject to change by BYBLET in its discretion from time to time. The Conversion Credit is measured in USDT (or any substitute currency as determined by BYBLET in its discretion) will be the spot price of the trading pair on the Platform as at the time of Conversion. Each Conversion is subject to haircut, which may result in lower Conversion Credit in the securities trading Account.
Such a request, once submitted, is irrevocable. You may not amend, cancel, unwind or reverse a Conversion, and BYBLET is under no obligation to accommodate such request.
Conversion requests are ordinarily processed instantly and take effect at the time of Conversion. However, you acknowledge that the processing is dependent on the availability and proper functioning of BYBLET's system, stability of the network and no event of hacking or malicious attacks on such system or the Site or similar adverse events, and BYBLET does not guarantee that any Conversion will be processed instantly, within any particular time, or at all.
Nature of the Conversion
A Conversion does not involve any transfer, delivery, remittance, withdrawal or on-chain movement of Digital Assets, and does not involve any transfer of assets between your crypto trading Account and your securities trading Account. A Conversion is effected by BYBLET making internal book entries in its own records, by which (a) the purchasing power of the Applied Crypto Amount ceases to be available to you in your crypto trading Account and (b) a corresponding Conversion Credit is recorded to your securities trading Account.
The Conversion Credit is a credit of purchasing power recorded in BYBLET’s books and records. It is a contractual entitlement to apply the value of that credit towards the purchase of securities available on BYBLET. The Conversion Credit:
a) is not a holding of USDT or of any other virtual asset, stablecoin, currency or money, and does not represent any actual USDT held by or for you;
b) does not give you any claim, right of redemption or recourse against BYBLET or any third party;
c) is not a deposit, and is not client money / client cash balance except to the extent BYBLET expressly states otherwise;
d) does not bear or accrue interest or any other return; and
e) is not withdrawable, transferable, assignable or capable of being paid out to you in any currency (whether in Digital Assets or fiat), and may be applied by you only towards the purchase of Securities in accordance with the terms and conditions herein.
Application of the Conversion Credit
Following the Conversion, you may use the Conversion Credit recorded in your securities trading Account to purchase securities, subject to the terms and conditions of the terms and conditions applicable to securities transactions of the BYBLET Group.
Any unused Conversion Credit remains recorded in your securities trading Account and is available for future purchases. You may not set off a Conversion Credit against any other obligations owed by you to BYBLET Group.
Where your securities trading Account contains both Conversion Credit and other assets, BYBLET may apply them towards settlement of your purchases in such order as it determines.
Effect on your crypto trading Account
After a Conversion, the Collateral Value in your crypto trading Account will decrease and the decreased value will be displayed.
You are not permitted to sell, transfer, withdraw, pledge, use as Collateral, or otherwise dispose of or deal with any quantity of the relevant Digital Asset(s) exceeding the amount of the remaining purchasing power in the crypto trading Account. Where such circumstances arise, BYBLET may block, reject or cancel any such order or instruction that is in breach of this Clause.
If, for any reason, an order or instruction as described in the paragraph above is accepted, processed or executed, whether as a result of system limitations, timing, error or otherwise:
a) the transaction is at your sole risk and does not entitle you to the full proceeds of it;
b) the proceeds realised and credited to you will be determined after taking into account the Applied Crypto Amount, and BYBLET may adjust, withhold, reduce or reverse the proceeds and make such corresponding book entries as are necessary to give effect to this Clause; and
c) if the amount realised is insufficient to account for the Applied Crypto Amount in full, the shortfall is immediately due and payable by you to BYBLET on demand, with or without interest at the rate specified in subsequent notice to you from the date of the transaction until payment in full.
Nothing in this Clause limits any other right of BYBLET under the Terms of Use, including any right of retention, security interest, set-off, close-out, Margin Call or Liquidation.
Effect on Margin Requirement and Collateral Value
Upon a Conversion, the Collateral Value of your crypto trading Account, taken as a whole, will be affected and decreased by an amount equal to the Applied Crypto Amount.
You acknowledge and accept that, as a consequence of the Conversion,
a) the borrowing, margin or leverage capacity available to you in your crypto trading Account is reduced;
b) a Conversion may cause your crypto trading Account to fall below any applicable margin requirement, maintenance requirement; and
c) accordingly trigger a Margin Call, default interest, reduce-only function, the close-out of open positions or the Liquidation of the assets in your crypto trading Account, in each case in BYBLET’s discretion and without further notice to you.
You are solely responsible for monitoring the Margin Requirement, Collateral Value and risk level of your crypto trading Account, both before and after each Conversion, and for ensuring that you maintain sufficient margin and collateral at all times. BYBLET is under no obligation to notify you that a Conversion will or may have any of the consequences described in the paragraph above.
BYBLET may reject a Conversion request if, in its opinion, the Conversion would or might result in a margin deficiency, a breach of any applicable requirement, or an increase in BYBLET's risk exposure.
Redemption Request
The Conversion Credit in the securities Trading Account may be redeemed and converted back into the crypto Trading Account (“Redemption”). You may submit a redemption request by selecting the amount of the Conversion Credit in your securities Trading Account that you intend to redeem or convert back into the crypto Trading Account (“Redemption Credit”).
BYBLET may set, vary and apply a minimum or maximum amount, increments and limits on the number and/or frequency of the Redemptions, in each case for the operational efficacy of BYBLET. BYBLET may reject any Redemption request which does not comply with any of those requirements.
Such a request, once submitted, is irrevocable. You may not amend, cancel, unwind or reverse a Redemption, and BYBLET is under no obligation to accommodate such request.
Upon the completion of a Redemption request, the Collateral Value in the crypto Trading Account will be increased by the amount of the Redemption Credit. Redemptions are not subject to haircut, unless otherwise indicated at the time of Redemption.
Authorization
You irrevocably authorise and instruct BYBLET, and each relevant BYBLET Group entity, to conduct the Conversions and Redemptions between your crypto trading Account and your securities trading Account in accordance with your Conversion requests and Redemption requests, and to take all steps and make all book entries, adjustments, blocks and records in either or both accounts which BYBLET considers necessary or desirable to give effect to the Conversions and Redemptions.
Where your crypto trading Account and your securities trading Account are maintained by different members of the BYBLET Group, you authorise each of them to act on the other's records and instructions for the purposes of the Purchasing Credit Facility, and to exchange such information about you and your accounts as is necessary for that purpose.
The authority in this Clause is given for the benefit of BYBLET Group, may be relied on by BYBLET Group until you close your trading Accounts or BYBLET withdraws the Purchasing Credit Facility, and is in addition to any other authority you have given BYBLET Group.
In conducting each Conversion and Redemption, BYBLET acts solely as executing service provider on your instruction based on your Conversion requests and/or Redemption requests. BYBLET does not act as your agent, fiduciary, adviser or trustee in respect of this service.
Limitation of Liability
BYBLET Group is not liable for the execution or non-execution of any Conversion request, Redemption request made by you and/or for any loss, cost, expense, damage, liability, price difference, opportunity cost or delay arising from or in connection with any Conversion request and/or Redemption request, except to the extent that such loss and damage is directly caused by BYBLET's own wilful misconduct or fraud.
In no event is BYBLET Group liable for any indirect, special, incidental, punitive or consequential loss, or for any loss of profit, loss of anticipated profit, loss of revenue, loss of opportunity, loss of expected savings, loss of goodwill or loss of data, in each case whether or not foreseeable and whether or not BYBLET was advised of the possibility of such loss.