Terms of use
These Terms of Use constitute an electronic agreement between you
(hereinafter the “User”) and NAN Trade Limited, 1st Floor,First St Vincent Bank
Ltd Building James Street Kingstown, St Vincent and Grenadines (hereinafter “NAN
Trade”) that applies to the User's use of this website, any and all services,
products and content provided by NAN Trade.
As used herein, “NAN Trade” refers to the company NAN Trade Limited,
including but not limited to, its owners, directors, investors, officers,
employees, agents or other related parties, unless otherwise provided herein.
A User may be a physical person or corporate entity represented by a
physical person using the Services (as hereafter defined).
These Terms of Use contain important provisions, which the User must
consider carefully when choosing whether to visit the Site and use the
services, products and content of NAN Trade. Please read these Terms of Use and
the accompanying Risk Disclaimer, which are hereby incorporated into these
terms, carefully before agreeing to them.
The User is solely responsible for understanding and complying with any
and all laws, rules and regulations of their specific jurisdiction that may be
applicable to the User in connection with the use of any and all services,
products and content of NAN Trade.
These Terms of Use incorporate NAN Trade's Privacy Policy, Risk Disclaimer, as well as any other policies published on the Site by reference, so by
accepting these Terms of Use, the User agrees with and accepts all the policies
published on the Site.
IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER AGREES THAT THEY
SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF NAN TRADE'S SERVICES,
PRODUCTS AND CONTENT.
1. Definitions
1.1. Capitalized terms used in these Terms of Use shall be interpreted in
accordance with the definitions provided below:
Account: means an account registered by the User on the Platform.
Base Currency: means the first symbol in the trading pair.
Buyer: means the User who submits an Order to buy Cryptocurrencies through
the Platform.
Commission: means a fee charged by or on behalf of any third party (e.g.
bank, non-bank financial institution, payment service provider, etc).
Corporate User: the legal entity with ultimate responsibility for the
Account opened and operated in its name.
Counterparty Exchange: means a partner exchange where NAN Trade has a
corporate account.
Cryptocurrency: means peer-to-peer decentralized digital representation of
value (e.g. bitcoins, ethers, etc.).
Deposit: means a Transaction whereby the User makes a transfer of Funds to
the Account.
Fee Schedule: means the table of fees published at https://nantrade.io/fees or at any other site determined by NAN Trade from time to time.
Fiat currency: means government-issued currency, that is designated as
legal tender in its country of issuance through government decree, regulation,
or law.
Financial Institution: means any bank or other financial institution or
payment service provider with which NAN Trade or the User interacts in the
course or using or providing the Trading Platform or otherwise receiving or
providing the Services, as applicable.
Funds: means Cryptocurrency or Fiat currency or a combination of both.
Market Maker: A liquidity provider that quotes both a buy and a sell price
in an Asset.
Model Traders: Traders who make commissions from followers using the
Social Trading model.
Order: means the User's instruction to execute a Transaction including,
without limitation, the following:
a Market Order which means an instruction to buy or sell an Asset
immediately, whereby:
- a Market Buy Order means an instruction to buy immediately, and
- a Market Sell Order means an instruction to sell immediately;
a Limit Order which means an instruction to buy an Asset at a specific
price (“Limit Price”), whereby:
- a Buy Limit Order means an instruction to buy at the Limit Price or
lower, and
- a Sell Limit Order means an instruction to sell at the Limit Price or
higher;
a Stop Order (also referred to as a stop-loss order) is an instruction to
buy or sell an Asset once the price of the Asset reaches the specified price
(“Stop Price”). When the Stop Price is reached, a Stop Order becomes a Market
Order.
Platform: means an environment created by NAN Trade that allows to trade
Cryptocurrencies.
Rollover fee: means estimated fee that is charged by NAN Trade from the
User's balance to rollover a position.
Seller: means the User who submits an Order to sell Cryptocurrencies
through the Platform.
Service(s): means all and any service provided by NAN Trade, as set out at
2.1.
Site: means the NAN Trade website at https://nantrade.io and https://ci.NAN
Trade.io.
Social Trading: means the process of engaging in copy trading on the NAN
Trade platform, including assessing Model Traders and making decisions to
follow any Model Trader and copy trade.
Token: a cryptocurrency which is listed or which a Corporate User is
currently seeking to list on the Platform.
Trade Confirmation: an exchanges written acknowledgment that the trade has
been executed. It is in electronic form and records information such as the
date, price, commission, fees and settlement terms of the trade.
Trading Platform: means the exchange
provided by NAN Trade to the User as a medium for engaging in Transactions.
Transaction: means buying or selling Cryptocurrency on the Trading
Platform.
Transaction Fee: means a fee which is payable to NAN Trade for each
completed Transaction.
Transaction Price: means the total price
paid by the Buyer in respect to each Transaction performed via the Service.
User: means a person or an entity that uses the Services to follow the
Terms of Use and is a holder of an Account.
Withdrawal: means the User´s withdrawal of Cryptocurrencies or Fiat
currencies from their Account.
1.2. Where the context so admits words denoting the singular shall include
the plural and vice versa.
2. The scope of the services
2.1. These Terms of Use cover the Services, which include allowing all
Users of the Platform to trade Cryptocurrencies with other Users, all services
provided in connection with the Transaction, the use of NAN Trade's Social
Trading service, downloadable material from the NAN Trade website, real time
information on currency conversion rates, tools for executing Transactions and
any other content, services or features that NAN Trade may add in the future.
Corporate Users shall also entitled to make an application to list a
proprietary Token on the Platform, subject to acceptance under the Token
listing procedure which shall be notified to the User.
2.2. Depending on the User's place of residence, the User may not be able
to use all the functions of the Site. It is the User's responsibility to follow
those rules and laws in their place of residence and/or place from which the
User accesses this Site.
2.3. The User acknowledges and agrees that when completing any Transaction
or series of Transactions they are trading with other Users only and that NAN
Trade acts only as an intermediary in such Transactions, not as the
counterparty to any trade.
2.4. Specific provisions in respect of Social Trading.
2.4.1. NAN Trade's Social Trading Services allows the User to view the
investment performance of a Model Trader by providing the User with detailed
account information, trading history, risk profile and other pertinent
information.. By selecting the Social Trading service, the User should bear in
mind all aspects and factors including, but not limited to, the risk nature of
the copied account and their investment objectives.
2.4.2. The User, while using the Social Trading service, acknowledges that
the Social Trading Assessment is performed on the basis of the information and
documents provided by the User, and the User confirms the truthfulness,
correctness and completeness of such information. The User confirms that NAN
Trade may rely upon such information and that they are responsible for any
damages or losses which may result from any inaccuracies. The User can revisit
your suitability questionnaire at any time and evaluate whether there has been
a change to their experience, trading objectives and/or financial situation.
2.4.3. NAN Trade will be responsible to the User for:
- informing the User from time to time of the details of their Social
Trading Assessment and investment profile; and
- executing all instructions generated by the Social Trading services and
reporting to the User on the resulting transactions via the Platform. We do not
provide investment advice, nor provide any personalized investment recommendations
and/or advise the User on the merits of any investments.
2.4.4. In making a decision to copy a specific trader or traders, strategy
and/or portfolio, the User acknowledges that they have considered their entire
financial situation including financial commitments and understood that using NAN
Trade's Social Trading service is highly speculative and that the User could
sustain significant losses exceeding the amount used to copy a trader or
traders. Please note that NAN Trade is unable to provide any guarantee as to
the performance of any particular investment, account, portfolio or strategy.
For further information in connection with the risks associated with our
Service see the Disclaimer. The User acknowledges that they have considered all
risks associated with the Services and Social Trading.
2.4.5. The User hereby authorises NAN Trade to limit and/or withhold its
Social Trading services based on the User's investment profile and NAN Trade's
ongoing suitability assessments in accordance with its policies and procedures.
2.4.6. The User further authorises NAN Trade to execute any and all
Transactions and/or positions undertaken by the trader, account, portfolio
and/or strategy the User chooses to follow using the Social Trading Service.
All Transactions are done automatically once initiated by the User and do not
require any prior consultation, consent or approval of ongoing activity/copied
trades. The User hereby confirms that they acknowledge that at any time, upon
their sole discretion, they can stop, pause, restrict and/or limit any Social
Trading activity performed by you via the Site. The User remains, at all times,
solely responsible for both monitoring and selecting and assessing: (i) the
suitability of the copied accounts; and (ii) the overall performance of the
copied trader, account, portfolio and/or strategy. When copying a transaction
in the underlying asset of Cryptocurrencies, such copied transaction shall be a
Transaction and shall be subject to the provisions of these Terms of Use.
2.4.7. NAN Trade shall continue to be committed to exercising reasonable
endeavours to monitor the performance of copied trader, account, portfolio
and/or strategy, against parameters established by it, which may include, risk
behaviour, profitability, drawdown and any other parameters deemed relevant by NAN
Trade and to stock and/or block any trader, account, portfolio and/or strategy
from being copied. NAN Trade reserves the right to pause, to copy or stop
copying any trader, account, portfolio and/or strategy, at its sole and
absolute discretion.
2.4.8. Without derogating from the generality of the Disclaimer, the
provision of Social Trading services does not constitute investment advice on
the part of NAN Trade. The User is using the Social Trading services at their
own risk and NAN Trade and its affiliates, employees, clients and agents will
not be liable for any losses that you may sustain as a result of the User using
such features. No copied trader, account, portfolio and/or strategy guarantees
the future performance of the User's account, or any specific level of
performance, the success of any investment strategy or the success of our
overall management. Investment strategies are subject to various market,
currency, economic, political and business risks. Investment decisions may not
be profitable and may result in the loss of your entire invested amount. Past
performance is not a guarantee or prediction of future performance.
2.5. The User acknowledges and agree that they have read, understood and
accepted the Disclaimer as an inherent part of these Terms of Use. To the
maximum extent permissible under the applicable law, neither NAN Trade nor any
of its affiliates will be liable for (i) any loss arising from adhering to the
User's written or oral instructions, (ii) any loss that the User may suffer by
reason of any decision made or other action taken by an account elected to be
copied by the User; or (c) specifically any loss arising from any investment
decision made or other action taken or omitted in good faith by any copied
account, strategy and/or portfolio. Nothing in these Terms of Use will waive or
limit any rights that the User may have under any applicable laws which may not
be waived or limited.
3. The User's rights and responsibilities
3.1. The User has the right to enter and use the Site and the Services, as
long as they agrees to and actually complies with the Terms of Use. By using
the Site, the User agrees to accept and comply with the terms and conditions
stated herein.
3.2. The User undertakes to read the entire Terms of Use carefully before
using the Site or any of the services provided by NAN Trade.
3.3. The User undertakes to comply with any and all applicable laws and
regulations related to the use of the Services.
3.4. The User undertakes to monitor all and any changes on their Account,
including but not limited to the balance matters.
3.5. The User undertakes to immediately (i.e. right after the moment of
discovery) inform NAN Trade about any unusual, suspicious, unclear or abnormal
changes on their Account. In case of late informing or non-informing the User
will be liable for the breach of the Terms of Use and NAN Trade will have the
right to take any further steps accordingly, including but not limited to
report to the relevant state authorities.
3.6. The User agrees that, whenever the Transaction is made, the Platform
sends and receives the monetary sums and/or Cryptocurrencies to/from the
Buyer's and the Seller's Accounts opened in their name and on their behalf.
3.7. The User is responsible for safely storing any passwords, for
choosing complex and difficult to decipher passwords, to ensure inviolability
of the User’s account and undertakes to notify NAN Trade immediately of any unauthorized
use of their Account or password, or any other breach of security by email
addressed to info@NAN Trade.io. Any User who violates the mentioned
rules may be terminated, and thereafter held liable for any losses incurred by NAN
Trade or any user of the Site.
3.8. The User undertakes not to use the Service to perform criminal
activity of any sort, including but not limited to, money laundering, illegal
gambling operations, financing terrorist organizations, or malicious hacking.
3.9. The User is responsible for any and all damages caused and all
liability actions brought against NAN Trade for infringement of any third party
rights or violation of any applicable laws.
3.10. Nothing in the Terms of Use excludes or limits the liability of the
User for fraud, death or personal injury caused by your negligence, breach of
the terms implied by operation of law or any other liability which may not be
limited or excluded by law.
3.11. Users are solely responsible for determining whether any
contemplated Transaction is appropriate for them based on your personal goals,
financial status and risk willingness.
3.12. All added payment instruments to your Account, be it a bank account,
credit card, debit card, or others must be named after the Account holder. Any
attempt otherwise will be considered as fraud.
3.13. The User acknowledges that it shall be responsible for all Orders
and instructions provided; the accuracy of all information sent via the
internet in the User's name; and passwords and any other personal
identification means implemented to identify the User.
3.14. The User acknowledges that NAN Trade may refuse to act upon any
instruction from a Client or any person authorized by the User if NAN Trade
reasonably believes that the transaction, pursuant to the instruction
submitted, will be in violation of usual market practice, and/or applicable
law, including, but not limited to, legislation on money laundering and insider
trading.
3.15. The User acknowledges that NAN Trade cannot be held liable for the
number of days passing between the transfer of Funds from their Account until
the time that the transferred Funds are booked in the account with the
receiving bank or between the transfer of Funds by the sending bank until the
time that the transferred Funds are received by NAN Trade and booked on their
Account.
3.16. The User acknowledges that subject to a transfer instruction being
complete and correct, incoming transfers of fiat Funds will only be booked on
the Account and be at the disposal of the User once NAN Trade has received the
Funds.
3.17. Your acceptance as a Corporate User on our platform shall in no way
transfer responsibility to us for your employees or any third parties such as
your own clients. A Corporate User applying to list a Token acknowledges that
the process for listing a Token takes place at NAN Trade´s sole discretion and
that the Token application may be delayed, subject to due diligence or further
due diligence, rejected or the Token listing cancelled for unspecified reasons
by NAN Trade at any stage.
3.18. The User accept that failure to disclose any material information or
any material change in your circumstances of which we become aware may result
in the suspension or closing of your account immediately even if you are
initially successful and that you fully bear all resulting liability for any
direct or indirect loss or damage which you or any third party may suffer as a
result of such suspension or closure.
4. The User's representations and warranties
4.1. By registering an Account, the User expressly represents and warrants
that they:
- follow the rules and laws in their country of residence and/or country
from which they access this Site and Services;
- has accepted these Terms of Use;
- if a physical person, is at least 18 years old and has the right to
accept these Terms of Use and participate in transactions involving
Cryptocurrencies and is of sound mind capable of taking responsibility for
their own actions;
- that they are providing us with up to date, complete and accurate
information and that you will update our records from time to time when the
information submitted is out of date or no longer accurate;
- if a corporation or other legal person, that the physical person
accepting these Terms of Use has all the requisite corporate permissions and
authorities required to open an Account and enter into these Terms of Use on
that entity´s behalf and that the opening of the Account is not in breach of
any licence or other regulatory or legal prohibition which will negate such
application;
- if a corporation or other legal person applying to list a Token on the
Platform, that the physical person making the application has all the requisite
corporate permissions and authorities required to list the Token on the
proprietary entity´s behalf and that the listing of the Token is not in breach
of any licence or other regulatory or legal prohibition which will negate such
application or result in the cancellation or suspension of the Token from
circulation or the Token listing;
- is not or acting on behalf of a politically exposed person and does not
have a relationship (e.g. relative, associate, beneficial owner, etc.) with a
politically exposed person. If this statement is untrue or inaccurate, please
contact NAN Trade at info@NAN Trade.io in order to understand how to
continue using the Services;
- is not investing or using money through the platform that originated in
any way through drug trafficking, abduction, terrorist activity or any other
criminal activity that is unlawful or could be considered unlawful by any
relevant authority;
- shall comply with all local regulative provisions, restrictions and law
in their country of residence and that they have verified that their use of the
Services does not violate any such laws or regulations of any jurisdiction that
applies to them.
4.2. The User represents and warrants that they will only use the Platform
to perform Transactions in accordance with the conditions set forth in these
Terms and that they are duly authorised and have the capacity to enter into the
Transactions on the Platform.
4.3. The User represents and warrants that any Funds deposited to the
Account belong to the User and derived from legal sources.
4.4. The User represents and warrants than they will withdraw any
Cryptocurrency from their Account only to their proprietary wallets. NAN Trade
shall have no liability whatsoever for verifying the ownership of any wallet or
for any consequences of any Withdrawal made to an Account erroneously or
fraudulently notified to NAN Trade by the User.
4.5. The User represents and warrants that all Transactions being carried
out do not violate the rights of any third party or applicable laws.
5. NAN Trade's rights and responsibilities
5.1. NAN Trade provides execution-only services to the User unless
otherwise agreed.
5.2. NAN Trade accepts no obligation to provide advice, surveillance,
information or recommendations in respect of any Asset or Service. Any
information provided on the Site is for information and does not constitute
legal or investment advice.
5.3. NAN Trade accepts no obligation to provide any advice to the User on
any tax related matters. NAN Trade encourages the User to obtain independent
advice from its financial advisor, auditor and/or legal counsel with respect to
tax implications of the respective Services.
5.4. NAN Trade shall have the right to refuse any Orders including orders
to establish new or larger positions or to buy or sell Assets.
5.5. NAN Trade shall have the right to reduce the size of the User’s open
positions. NAN Trade will inform the User as soon as practicable regarding such
reduction and the reason hereof.
5.6. NAN Trade may act as a Market Maker in certain assets.
5.7. NAN Trade, when acting as a Market Maker, may quote the User bid and
ask prices. Notwithstanding this, the User agrees that NAN Trade has no
obligation to quote prices to the User at any time in any given market, nor an
obligation to quote prices with a specific maximum spread to the User.
5.8. NAN Trade may, at NAN Trade's absolute discretion, hedge any User
position against the position of another User or a position with one of Some
Bank's Counterparty Exchange or have a proprietary position with the intention
to obtain trading profits from such positions.
5.9. NAN Trade, as Market Maker, may hold positions that are opposite to
positions of the User, resulting in potential conflicts of interest between NAN
Trade and the User.
5.10. NAN Trade does not guarantee any maximum or minimum quotable spreads
on crypto-assets.
5.11. NAN Trade has the right to suspend the User's Account and block all
Cryptocurrency, Fiat currency contained therein in case of non-fulfilment or
unduly fulfilment of the Terms of Use by the User or at any other time at NAN
Trade’s discretion, without providing prior notice.
5.12. NAN Trade undertakes to provide the Services with the utmost effort,
due care and in accordance with these Terms of Use.
5.13. NAN Trade's responsibility shall be limited to using reasonable
technical efforts to ensure the receipt of the Cryptocurrency transferred. When
initiating Cryptocurrency Transactions to a user who is not the NAN Trade User,
NAN Trade responsibility shall be further limited to ensuring the transfer of
the necessary technical data to the Cryptocurrency network.
5.14. To the fullest extent permitted by law, NAN Trade is not responsible
for any damages, unless the loss suffered is caused by a direct breach of the
Terms of Use by NAN Trade. In no circumstances is NAN Trade responsible for
loss of profit, loss of revenue, loss of business, loss of opportunity, loss of
data, indirect or consequential loss.
5.15. NAN Trade is not responsible for any malfunction, breakdown, delay
or interruption of the Internet connection or any reason why our site is
unavailable at any given time.
5.16. NAN Trade is not responsible for the delay in the processing of
payments made by the fault of any third parties, operators of such
transactions.
5.17. In the case of fraud, NAN Trade undertakes to report all the
necessary information, including names, addresses and all other requested
information, to the relevant authorities dealing with fraud and breaches of the
law. The Users recognize that their account may be frozen at any time at the
request of any competent authority investigating a fraud or any other illegal
activity.
5.18. The User acknowledged and agrees that once any Order has been placed
has been placed, such Orders may not be cancelled or reversed.
5.19. Nothing in these terms excludes or limits the responsibility of NAN
Trade for fraud, death or personal injury caused by their negligence, breach of
the terms implied by operation of the law or any other liability which may not
be limited or excluded by law.
6. NAN Trade representations and warranties
6.1. NAN Trade shall provide the Services with reasonable care and skill
and in accordance with these Terms of Use.
6.2. NAN Trade will endeavour to provide that all Buy and Sell Orders made
on the Platform, will be managed in an anonymous manner so that Buyers and
Sellers are not acquainted with each other although NAN Trade cannot prevent
and shall in no circumstances be responsible to a User for their own or any
other User´s disclosure of any Transaction details of any Transaction to third
third parties either directly or on social media.
7. Intellectual property rights
7.1. All content on this Site is the property of NAN Trade and is
protected by copyright, patent, trademark and any other applicable laws, unless
otherwise specified hereby.
7.2. The trademarks, trade names, service marks and logos of NAN Trade and
others used on the Site (hereinafter the “Trademarks”) are the property of NAN
Trade and its respective owners. The software, applications, text, images,
graphics, data, prices, trades, charts, graphs, video and audio materials used
on this Site belong to NAN Trade. The Trademarks and other content on the Site
should not be copied, reproduced, modified, republished, uploaded, posted,
transmitted, scraped, collected or distributed in any form or by any means,
whether manual or automated. The use of any content from the Site on any other
site or a networked computer environment for any other purpose is strictly
prohibited; any such unauthorized use may violate copyright, patent, trademark
and any other applicable laws and could result in criminal or civil penalties.
7.3. Notwithstanding the provisions of sections 7.1 and 7.2, nothing in
this section 7 shall confer proprietary rights on NAN Trade in the intellectual
property of any Token listed on the NAN Trade Platform.
7.4. Any Corporate User making an application to list a proprietary Token
shall be deemed to have granted a licence to NAN Trade to publish the Token on
its Site and to otherwise make reference to the Token on its Site or in its
marketing material for the duration that the Token is listed on the Platform. NAN
Trade shall not be obliged to amend any previously published material
referencing a cancelled or rejected Token irrespective of whether a Token is
currently listed on the Platform.
8. User verification
8.1. Identification and verification procedures (also known as 'Know Your
Customer' or 'KYC') are required for all the Transactions. If the User refuses
to provide required documents and information under KYC, NAN Trade reserves the
right to immediately terminate the Services provision to the User.
8.2. The User undertakes to provide NAN Trade with correct and relevant
documents and personal information contained therein. In case the User provides
counterfeit documents and false personal information, such behaviour will be
interpreted as a fraudulent activity.
8.3. The User hereby authorise NAN Trade to, directly or indirectly
(through third parties), make any enquiries we consider necessary to check the
relevance and accuracy of the information provided for verification purposes.
9. Account maintenance
9.1. The Site is for the User's personal and non-commercial use only. NAN
Trade is vigilant in maintaining the security of the Site and the Service. By
registering with NAN Trade, the User agrees to provide NAN Trade with current,
accurate and complete personal information as prompted by the registration
process and to keep such information updated.
9.2. The User is allowed to register only one Account on the Platform.
Thus, any additional Account may be suspended.
9.3. The User agrees that they will not use any Account other than their
own or access the Account of any other User at any time, or assist others in
obtaining unauthorized access.
9.4. NAN Trade reserves the right to recommend amount limits for the Account
funding/withdrawal. NAN Trade could recommend daily, monthly and per
one-transaction amount limits.
9.5. The User is responsible for maintaining the confidentiality of
information on their Account, including, but not limited to their password,
email, wallet address, wallet balance and of all activities including
Transactions made via their Account. If there is any suspicious activity
related to the User's Account, NAN Trade may request additional information
from the User, including authenticating documents and freeze the Account for
the review time. The User is obligated to comply with these security requests
or accept termination of their Account.
9.6. Creation or use of the Accounts without obtaining a prior express
permission from NAN Trade will result in the immediate suspension of all
respective Accounts, as well as all pending buy/sell orders. Any attempt to do
so or to assist others (Users or other third parties), or distribution of
instructions, software or tools for that purpose will result in termination of
such Users' Accounts. Termination is not an exclusive remedy for such a
violation and NAN Trade may decide to take further action against the User.
9.7. In case it has been more than six (6) month since the User signed in
with their Account or made a Deposit, NAN Trade has the right to qualify this
Account as abandoned. In that case Storage fee will be applied to such Account
with seven (7) days prior email notification to the User. NAN Trade will charge
the Storage fee set forth herein. Abandoned Accounts with zero balances shall
be deactivated.
10. Transactions
10.1. The Platform allows the User to submit Orders to buy or sell
Cryptocurrencies and to engage in Social Trading.
10.2. The User recognizes that an Order should only be submitted after
careful consideration and the User understands and accepts consequences of its
execution. The User agrees that as soon as an Order is executed, such
transaction is irreversible and may not be cancelled.
10.3. A Market Sell Order for any Asset is executed as soon as possible at
the highest Bid price available on the Platform and proceeds to sell the Asset
at successively lower prices until the entire Market Sell Order is matched and
filled by corresponding Buy Orders for the said Asset or until no Buy Orders
remain.
10.4. The User acknowledges and agrees that a Market Order prioritises
certainty of execution over the price of execution of the Asset, that the
resulting Transaction made may not execute at a price which corresponds to the
highest price available on the Platform at the moment the Order is made and
that large losses may be sustained by the User as a result; whereas, Limit
Orders, conversely, deal primarily with price and that if the Asset´s value is
currently resting outside of the parameters set in the Limit Order, a
Transaction will not occur.
10.5. Transactions will be executed instantly upon the matching of the
Buyer's and the Seller's Orders without prior notice to the Seller or the Buyer
and will be considered to have taken place at the execution date and time.
10.6. The User acknowledges that only the Trade Confirmation made
available to the User constitutes NAN Trade's confirmation of the execution of
a Contract or order. Confirmation by the Trading Platform itself, when the User
transmits instructions via the Trading Platform, does not constitute
confirmation of the execution of or order. The User acknowledges and accepts
that any Order is not guaranteed executable at the price or amount specified by
the User.
10.7. The User acknowledges and agrees
that in case the destination tag is not specified, is incorrectly indicated (in
particular XRP, XLM) or the reference number is incorrectly specified (for Fiat
transactions), the User may lose any Deposit or at least the processing speed
of such requests will be made with low priority.
10.8. Minimum and maximum order amount
vary for each trading pair.
10.9. The User acknowledges and agrees that Deposit and Withdrawal in Fiat
currency or Cryptocurrency may be delayed or, in certain cases, rendered
impossible due to the inherent nature of Cryptocurrency networks or third party
bank verification and other mandatory or discretionary checks to which the User
or NAN Trade may be subject.
10.10. Unverified Users are not allowed to withdraw from their Account.
10.11. The User shall be wholly
responsible for (i) all Orders and other instructions provided; (ii) the
accuracy of all information sent via the Internet in the Client's name; and
(iii) passwords and any other personal identification means implemented to
identify the Client.
10.12. In case the User discovers transaction activity, including but not
limited to unknown Deposits and Withdrawals not initiated by the User, the User
shall immediately notify NAN Trade of this fact and follow the instructions
sent by NAN Trade. Otherwise, NAN Trade reserves the right to freeze the
Account until the end of investigation.
10.13. NAN Trade may be forced to cancel or recall a previously executed
Withdrawal at a request of financial institutions, including but not limited to
banks, which are involved in settlement of such Transactions. In such cases the
User obliges to cooperate with NAN Trade in order to discover the reasons for
such request.
10.14. NAN Trade may be forced to cancel
or recall a previously executed Withdrawal at a request of financial
institutions, including but not limited to banks, which are involved in
settlement of such Transactions. In such cases the User obliges to cooperate
with NAN Trade in order to discover the reasons for such request.
10.15. Minimum deposit amount for Ethereum (ETH) is 0.001, for other
Cryptocurrencies, such as Bitcoin (BTC), Bitcoin Cash (BCH), Zcash (ZEC), DASH
and Bitcoin Gold (BTG) minimum deposit amount is 0.0001. If the amount is less
than specified, Funds will not be credited to the User's Account. NAN Trade
will not be liable for the Transactions, initiated by the User, below the
prescribed limits.
11. Transaction Fee
11.1. The User agrees to pay NAN Trade the Transaction Fee for each
completed Transaction.
11.2. Prior to trading, the User must consider the Transaction Fee rates
published on the relevant Fee Schedule page. However, NAN Trade reserves the
right to change the Transaction Fee rates from time to time publishing updates
on the Fee Schedule page.
11.3. The Transaction Fee amount is automatically charged off in the
currency indicated after symbol “/” in the trading pair after the relevant
Transaction. Thus, for BTC/USD the fee is charged in USD; for ETH/BTC the fee
is charged in BTC.
11.4. The minimum Transaction Fee equals to minimum currency amount. For
Fiat currency it equals to 0.01, for Cryptocurrency it depends on the currency.
The Transaction Fee is charged according to the Rounding policy.
11.5. Minimum and maximum price, as well as minimum and maximum order
amount vary for each trading pair and can be seen on the Trade Page when
placing an order.
11.6. For specific type of orders the Transaction Fee may differ from
those published on the Fee Schedule page. Transaction Fee rate shall be
disclosed before the order execution.
11.7. The Transaction Fee, other charges, as well as the charge procedure
can be changed/reviewed unilaterally by NAN Trade from time to time and such
changes shall become effective the moment they are posted on the Site.
12. Rounding policy
12.1. For all financial calculations NAN Trade uses the rounding policy in
the favour of the Platform. NAN Trade rounds the Fiat currencies to the 2nd
digit after the separator. The Rounding policy for Cryptocurrencies varies
depending on Cryptocurrency.
12.2. For the purpose of the processes optimization, transactions on the
Platform with regard to some items (including, but not limited to currencies,
Cryptocurrencies, etc.) will not be reflected at the User's Account and will
appear as soon as a unit is whole in accordance with the rounding standards.
13. Illegal transactions
13.1. NAN Trade reserves the right to suspend or terminate your NAN Trade
Account at any time if we believe there is reasonable basis to be required to
do so by the law or in order to comply with recommendations issued by a
relevant government authority or recognized body for the prevention of
financial crime.
13.2. It is strictly forbidden to use the Account for any illegal
purposes. NAN Trade will report any suspicious activity to the relevant law
enforcement.
13.3. The User shall ensure that they do not use the Services for the
transactions relating to:
- money laundering, terrorist financing, proliferation of weapons of mass
destruction;
human trafficking;
- any goods or services that are illegal or the promotion, offer or
marketing of which is illegal or that are offered in connection with illegal,
obscene or pornographic content, depict children or minors in sexual postures,
depict means of propaganda or signs of unconstitutional organisations
glorifying war or violating human dignity;
- any goods or services, promotion,
offer or marketing of which would violate copyrights, industrial property
rights or other rights of any person;
- archeological findings;
- drugs, narcotics or hallucinogens;
- weapons of any kind;
- illegal gambling services;
- Ponzi, pyramid or any other “get rich
quick” schemes;
- goods that are subject to any trade embargo;
- media that is harmful to minors and
violates laws and, in particular, the provision in respect of the protection of
minors;
- body parts or human remains;
- protected animals or protected plants;
- weapons or explosive materials; or
- any other illegal goods, services or
transactions.
14. Security
14.1. The User is responsible for maintaining the confidentiality of their
Account's credentials, including, but not limited to a password, email, wallet
address, balance and of all activity including Transactions made through the
Account. NAN Trade personnel will never ask the User to disclose their
password. Any message the User receives or website that they visits that asks
for the password, other than the NAN Trade Site, should be reported to NAN
Trade. If the User is in doubt whether a website is genuine, it is required to
ensure the website is EV SSL compliant (Security Certificate Validation is
shown in the address bar of a web browser).
14.2. It is advisable to change the User's password regularly (at least
every three (3) to six (6) months) in order to reduce the risk of a security
breach in relation to the Account. NAN Trade also advises the User not to
choose a password that is easily guessed from information someone might know or
gather about the User or a password that has a meaning. The User must never
allow anyone to access their Account or watch the User accessing their Account.
14.3. In addition, the User is responsible for implementing all reasonable
and appropriate measures for securing the wallet, vault or other storage
mechanism you use to send, receive or store Cryptocurrency, including any
requisite private key(s) or other credentials necessary to access such storage
mechanism(s). While reasonable measures have been taken to ensure the security
of your Account and Deposits, NAN Trade is not responsible for the efficacy of
any security measures relating to your receipt, possession, storage, transfer
or potential future use of your Cryptocurrency, nor will we be under any
obligation to recover or return any Cryptocurrency lost or stolen.
14.4. If the User has any security concerns about their Account, login
details, password or wallet or other security feature being lost, stolen,
misappropriated, used without authorization or otherwise compromised, the User
is advised to change the password. The User must contact Support Service
without undue delay on becoming aware of any loss, theft, misappropriation or
unauthorized use of the Account, login details, password or other security
features. Any undue delay in notifying NAN Trade may not only affect the
security of the Account, but may result in the User being liable for any losses
as a result. If the User suspects that someone else accessed their Account, the
User should also contact an appropriate government agency and report the
incident.
14.5. The User must take reasonable care to ensure that their e-mail
account(s) are secure and only accessed by the User, as their e-mail address
may be used to reset passwords or to communicate with the User about the
security of the Account.
14.6. NAN Trade cannot be liable for the breaching of an e-mail account
resulting in unauthorized transactions executed with proper confirmation. In
case any of the e-mail addresses registered with the User's Accounts are
compromised, the User should without undue delay after becoming aware of this
contact Support Service and also contact their e-mail service provider.
14.7. Irrespective of whether the User is using a public, a shared or
their own computer to access the Account, the User must always ensure that
their login details are not stored by the browser, cached or otherwise
recorded. The User should never use any functionality that allows login details
or passwords to be stored by the computer they is using.
14.8. Additional products or services the User uses may have additional
security requirements and the User must familiarize with those as notified to
him/her.
14.9. Two-factor authentication must be enabled in order to make any
Withdrawal. NAN Trade reserves the right to make additional due diligence
enquiries on the User and to request further documentation from them at any
stage prior to or subsequent to a Withdrawal.
14.10. The Company will exercise reasonable endeavours to have the
Platform audited and approved by technical experts with regard to both accuracy
and security of the underlying code. Notwithstanding, the NAN Trade Platform
and the general Cryptocurrency technology ecosystem is still in an early stage
of development and its application is currently of an experimental nature,
which carries significant operational, technological, financial, regulatory and
reputational risks. Accordingly, while any audit conducted may raise the level
of security and accuracy of the Platform, you acknowledge, understand and
accept that the audit does not amount to any form of warranty, representation
or assurance (in each case whether express or implied) that the Smart Contract
System and DEC are fit for a particular purpose or that they are free from any
defects, weaknesses, vulnerabilities, viruses or bugs which could cause, inter
alia, the complete loss of your Deposit.
15. Termination of the terms of use
15.1. The User may terminate the Terms of Use and close their Account at
any time, following settlement of any pending transactions.
15.2. The User also agrees that NAN Trade may, by giving notice, at its
sole discretion terminate their access to the Site and to their Account,
including without limitation, our right to: limit, suspend or terminate the
service and the Users' Accounts, prohibit access to the Site and its content,
services and tools, delay or remove hosted content and take technical and legal
steps to keep the Users off the Site if we think that they are creating
problems or possible legal liabilities, infringing the intellectual property
rights of third parties or acting inconsistently with the letter or spirit of
these Terms. Additionally, we may, in appropriate circumstances and at our
discretion, suspend or terminate Accounts of Users for any reason, including
without limitation: (1) attempts to gain unauthorized access to the Site or
another User's account or providing assistance to others' attempting to do so,
(2) overcoming software security features limiting use of or protecting any
content, (3) usage of the Service to perform illegal activities such as money
laundering, illegal gambling operations, financing terrorism, or other criminal
activities, (4) violations of these Terms of Use, (5) failure to pay or
fraudulent payment for Transactions, (6) unexpected operational difficulties,
or (7) upon the request of law enforcement or other government agencies, if
deemed to be legitimate and compelling by NAN Trade, acting at its sole
discretion.
15.3. NAN Trade also reserves the right to cancel unconfirmed Accounts or
Accounts that have been inactive for a period of six (6) months or more and/or
to modify or discontinue our Site or Service. The User agrees that NAN Trade
will not be liable to them or to any third party for termination of their
Account or access to the Site.
15.4. The suspension of the Account shall not affect the payment of the
Transaction Fees due for past Transactions. Upon termination, the User shall
provide valid bank account details or Cryptocurrency address to allow the
transfer of any currencies deposited to their Account. NAN Trade shall transfer
the currencies as soon as possible following the User's request in the time
frames specified by NAN Trade.
15.5. NAN Trade will send the credit balance of the User's Account to
him/her, however in some circumstances a number of intermediaries may be
involved in an international payment and these or the beneficiary bank may
deduct charges. NAN Trade will use reasonable efforts to ensure that such charges
are disclosed to the User prior to sending the payment; however, where they
cannot be avoided, the User acknowledges that these charges cannot always be
calculated in advance, and that they agree to be responsible for such charges.
16. Services availability
16.1. All Services are provided “AS IS”, without guarantees of any kind,
either expressed or implied.
16.2. NAN Trade will strive to keep the Site up and running; however, all
online services suffer from occasional disruptions and outages and NAN Trade is
not liable for any disruption or loss the User may suffer as a result. Thus, NAN
Trade does not provide any guarantees that access to the Site will not be
interrupted or that there will be no delays, failures, errors, omissions or
loss of transmitted information.
16.3. NAN Trade will use reasonable endeavors to ensure that the User can
normally access the Site in accordance with the Terms of Use. NAN Trade may
suspend use of the Site for maintenance and will make reasonable efforts to
give the User a notice. The User acknowledges that this may not be possible in
an emergency.
17. Api, widgets and mobile applications
17.1. API requests are limited to 600 requests per 10 minutes. If this
limit is exceeded, it may result to the ban for 10 minutes. For example, if you
perform 600 queries in the first minute, the next query is possible only after
9 minutes + 1 second.
17.2. NAN Trade may provide widgets for the User's use to put our data on
the User's Site. The User is free to use widgets in their original unmodified
and unaltered state.
17.3. NAN Trade may provide mobile applications (“mobile apps”), which can
be used to get an access to the Account. The use of these mobile apps is the
subject to these Terms of Use.
18. Financial or legal advice
18.1. NAN Trade does not provide any financial, investment or legal advice
in connection with the Services provided by NAN Trade. NAN Trade may provide
information on the price, range, volatility of Cryptocurrencies and events that
have affected the price of Cryptocurrencies, but it should not be considered as
an investment or financial advice and should not be construed as such. Any
decision to buy or sell Cryptocurrencies is the User's decision and NAN Trade
will not be liable for any loss suffered.
19. Taxation
19.1. The User undertakes to pay all their taxes and duties, which can be
resulted from the use of NAN Trade Services and should be paid according to the
User's state of residence regulations.
19.2. NAN Trade is not responsible for any violation made by the User due
to their obligation to calculate and pay taxes and duties.
19.3. The User acknowledges that NAN Trade does not provide any advice to
the User on any tax related matters. NAN Trade encourages the User to obtain
independent advice from its financial advisor, auditor and/or legal counsel
with respect to tax implications of the respective Services. (10)
20. Communication and Complaints
20.1. NAN Trade reserves the right to send notices to, and communicate
with the User by any means of communication available to NAN Trade with regard
to the contact details provided by the User.
20.2. The User expressly agrees to receive any notices in electronic form
and to be bound by these in so far as they relate to the Terms of Use.
20.3 The User´s Complaints should be directed in the first instance
to support@NAN Trade.io. We will endeavour to respond to all
complaints as soon as possible, and in any case, not later than 2 working days
for an initial response. If required, a more detailed review of your complaint
will be conducted by NAN Trade´s head of customer service, who will escalate
the complaint to the compliance team in the case that you are not satisfied
with the outcome of the review communicated to you. You may also report your
complaint to the Gibraltar Financial Services Commission, PO Box 940, Suite 3,
Ground Floor, Atlantic Suites, Europort Avenue, Gibraltar https://www.fsc.gi/contact.
20.4. The main official information channel of NAN Trade is Twitter:https://twitter.com/NAN Trade and Blog: https://medium.com/NAN Trade. The User agrees to keep themselves
updated on NAN Trade developments by subscribing to the Twitter account and
accessing the Blog on a regular basis.
21. Governing law and dispute resolution
21.1. These Terms of Use shall be governed by and construed in accordance
with the laws of Gibraltar, unless otherwise expressly provided. All disputes
and controversies arising out of or in connection with this website and these
Terms of Use shall be submitted to the courts of Gibraltar. If any portion of
these Terms of Use shall be deemed invalid, void or for any reason unenforceable,
such portion shall be deemed severable and shall not affect the validity and
enforceability of any remaining portion.
22. Limitation of liability
22.1. IN NO EVENT SHALL NAN TRADE, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY
OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I)
ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) ACCURACY, COMPLETENESS OR
CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV)
PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY
CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION
OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR
CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES,
WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM
THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY,
HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC,
“X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF THIS SITE OR THE SERVICES
FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT NAN TRADE IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE
SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY
BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT IN NO
EVENT SHALL NAN TRADE'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF
ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS
AGREEMENT OR THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
23. Indemnity
The User agrees to protect, defend, indemnify and hold harmless NAN Trade
and its officers, directors, employees, agents and third party service
providers from and against any and all claims, demands, costs, expenses,
losses, liabilities and damages of every kind and nature (including, without
limitation, reasonable attorneys' fees) imposed upon or incurred by NAN Trade
directly or indirectly arising from (i) the User's use of and access to this
Site or the Services found at this Site; (ii) the User's violation of any
provision of the Terms of Use or the policies or agreements which are
incorporated herein; and/or (iii) the User's violation of any third-party
right, including without limitation any intellectual property or other
proprietary right. The indemnification obligations under this section shall
survive any termination or expiration of the Terms of Use or the User's use of
this Site or the Services found on this Site.
24. Modifications and amendments
NAN Trade reserves the right to amend or modify any portion of these Terms
of Use at any time by publishing the revised version of the Terms of Use on the
Site. The changes will become effective and shall be deemed accepted by the
User, the first time the User uses the Services after the publishing of the
revised Terms of Use and shall apply on a going-forward basis with respect to
any activity initiated after publishing. In the event that the User does not
agree with any such modification, the User's sole and exclusive remedy is to
terminate the use of the Services and close the Account. The User agrees that NAN
Trade shall not be liable to the User or any third party as a result of any
losses suffered by any modification or amendment of these Terms of Use.
25. Force majeure
If NAN Trade is unable to perform the Services outlined in the Terms of
Use due to factors beyond its control including but not limited to the event of
Force Majeure, change of law or change in sanctions policy, NAN Trade will not
have any responsibility to the User with respect to the Services provided
hereunder and for a time period coincident with the event.
26. Links to third-party websites
This Site and the Services found at this Site may contain links to
third-party websites that are not owned or controlled by NAN Trade. NAN Trade
assumes no responsibility for the content, terms and conditions, privacy
policies or practices of any third-party websites. In addition, NAN Trade does
not censor or edit the content of any third-party websites. By using this Site
or the Services found at this Site, you expressly release NAN Trade from any
and all liability arising from the User's use of any third-party website.
Accordingly, NAN Trade encourages the User to be aware when the User leaves
this Site or the Services found at this Site and to review the terms and
conditions, privacy policies and other governing documents of any other website
that you may visit.
27. Nothing in these Terms of Use shall be deemed or construed to create a
partnership, agency or joint venture or marketing or other promotional
agreement between NAN Trade or the User.