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TERMS OF USE

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Thank you for visiting Blofin.com. By visiting, accessing or using Blofin.com and associated mobile applications downloaded from the Apple App Store or the Googleplay Store (“BloFin Platform”, “BloFin”), you (“User”, “You”) agree that you have read, understood and accepted and consented to the Terms of Use (the “Terms”) set out below.

BY MAKING USE OR SIGNING UP FOR BLOFIN.COM SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:
  1. The digital currencies themselves are not offered by any financial institution, corporation and/or BloFin.
  2. You are aware of the risks associated with transactions of digital currencies and their derivatives. For more information, please familiarize yourself with the risks associated with investing in or trading digital assets, a non-exhaustive General Risk Warning can be found at https://blofin.com/en/risk-warning.
  3. You shall assume all risks related to the use of BloFin Services (defined at clause 9.1 below) and transactions of digital currencies and their derivatives.
  4. BloFin shall not be liable for any such risks or adverse outcomes.
  5. BloFin is not your broker, intermediary, agent, or advisor and has no fiduciary relation or obligation to you in connection with any trades and/or transactions and/or other decisions or activities effected by you when using the BloFin Services. No communication or information provided to you by BloFin is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice or any other sort of advice.
  6. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures. You are solely responsible for determining these parameters as part of your trading strategy according to your personal financial circumstances, risk tolerances and trading objectives and agree that you are solely responsible for any loss or liability therefrom. You should consult legal and tax professionals regarding your specific situation. BloFin does not recommend digital assets should be bought, earned, sold or held by you. Before making the decision to buy, sell or hold any digital asset, you should conduct your own due diligence. BloFin will not be held responsible for the decisions you make to buy, sell, or hold digital assets based on the information provided by BloFin.
 
  1. ABOUT
    1. BloFin mainly serves as a global online platform for digital assets trading, and providers users with a trading platform and other digital assets related Services. Users must, in accordance with the Terms herein, register and open an account with BloFin and deposit digital assets into their account prior to trading. Users may, subject to the restrictions set out in these Terms, apply for withdrawal of their digital assets.
    2. Although BloFin commits to maintaining the accuracy of the information provided through to its users, BloFin cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall BloFin be liable for any loss or damage that may be caused directly or indirectly arising from your use of the information provided to you. The information provided by BloFin may change without notice, and you agree to do your own research and thereafter, make independent decisions despite the information provided by BloFin. BloFin does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on BloFin. All users of BloFin must understand the risks involved in digital assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.

  2. INTRODUCTION
    1. By accessing, using, visiting and by clicking “Sign up” on the BloFin Platform, you acknowledge that you accept and agree to be bound by these Terms and any terms incorporated by reference (if any). You further agree that these Terms constitute a legal agreement and create a binding contract between you and BloFin.
    2. If you do not agree to be bound by these Terms, you must not access and utilize the BloFin Platform and should leave immediately.
    3. BloFin reserves the right to change or modify or amend (as the case may be) these Terms, including any policy and guidelines at anytime and at BloFin’s sole discretion, subject to applicable laws and regulations. BloFin will notify such changes, modifications and amendments by updating the Terms on the BloFin Platform, and such changes, modifications and amendments shall take effect immediately upon being published on the BloFin Platform.
    4. If you do not agree to be bound by the updated Terms, policy and/or guidelines, you agree that your sole remedy is to immediately close your account on the BloFin Platform, in any event, within 30 days of such update being notified on the BloFin Platform. You agree that your continued use of the BloFin Platform after such 30-day period will constitute acceptance of the updated Terms.
    5. Unless explicitly provided for through BloFin’s written notice, you agree that the Terms take precedence over any other agreement you may have with us.
    6. While BloFin may, at its sole and absolute discretion translate these terms into a language other than the English language, you agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
    7. You agree that any official communications with you will, unless agreed otherwise, be made in the English language.

  3. REGISTRATION
    1. All users must apply for a BloFin account at (https://blofin.com/register) before using BloFin. When you register a BloFin account, you must provide information depending on whether you are an individual or acting on behalf of a legal entity set out below. BloFin may refuse, in its absolute sole discretion to offer services to you or open an account for you.
    2. You agree, as part of your account registration, to provide complete and accurate information when registering a BloFin account. You further agree to provide BloFin with timely updates of information as and when such changes are effected. You agree that you may maintain only one account on BloFin at any given time.
    3. You agree that any BloFin account registered can only be operated and/or used by the account registrant. BloFin reserves the right to suspend, freeze, or cancel the use of the BloFin account by persons other than the account registrant. If you suspect of become aware of any unauthorized use of your BloFin username and/or password, you should notify BloFin immediately. BloFin assumes no liability for any loss or damage (howsoever arising) from the use of your BloFin account by you or any third party with or without authorization.
  1. ELIGIBILITY
    1. If you are an individual, you agree that by accessing or using the BloFin Platform, you represent, agree and warrant that you are at least 18 years of age and legally capable of forming a binding contract under applicable laws.
    2. If you are accessing or using the BloFin Platform on behalf of a legal entity, you represent agree and warrant that such legal entity is duly organized and validly existing under applicable laws of the jurisdiction of incorporation AND you are duly authorized by such legal entity to act on its behalf.
    3. Regardless of whether you are an individual or acting on behalf of a legal entity, you represent, agree and warrant that: (a) you have not previously been suspended or removed from using the BloFin Platform; (b) you do not have an existing BloFin account; (c) you will not transact with anyone on any trade or economic sanctions lists of any competent authority, including (for example) but not limited to the list of Specially Designated Nationals maintained by the Office of Foreign Assets Control of the U.S Department of the Treasure (OFAC) or the United Nations Security Council Sanctions List; (d) your use of the BloFin Platform will not violate any and all laws and regulations applicable to your or the legal entity on whose behalf you are acting, including but not limited to laws, regulations, guidelines on anti-money laundering, anti-corruption and counter-terrorist financing.
    4. Please note that there are legal requirements in various countries which may restrict the products and services that BloFin can lawfully provide. Accordingly, some products, services, and certain functionality on the BloFin Platform may not be available to you, or may be restricted in certain jurisdictions or regions or to certain users. You agree that you shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the BloFin Platform in your local jurisdiction from which you accessed the BloFin Platform. BloFin reserve the right to change, modify, amend and/or impose additional restrictions with respect to your access to the BloFin Platform from time to time and in its sole discretion without prior notification.

  2. USER IDENTITY VERIFICATION
    1. Your registration of an account with BloFin will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through BloFin, or for other lawful purposes stated by BloFin. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage.
    2. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, including but not limited to, fraud and money laundering. The information we require to verify your identity may include, but is not limited to your name, email address, contact information, phone number, username, government-issued ID, date of birth and other information (as required) during account registration.
    3. When providing the required information, you confirm that you shall only furnish true and accurate copies of documents and information.
    4. After registration of a BloFin account, you agree to ensure that the information you have disclosed at clause 5.2 above remains true, complete and accurate. If there are any grounds for believing that any of the information you have provided is incorrect, false, outdated or incomplete, BloFin reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of the BloFin Services that is provided for you.
    5. You agree that to access BloFin, submission of certain personally identifiable information will be necessary. In this connection, please review BloFin’s Privacy Policy at https://blofin.com/en/privacy for a summary of BloFin’s guidelines regarding the collection and use of personally identifiable information.

  3. RESTRICTION OF USE
    1. The BloFin Platform may not be accessed or used by individuals and/or legal entities that is resident of, or domiciled in a Restricted Location. In this connection, “Restricted Location” shall include the Marshall Island, Afghanistan, Angola, Bangladesh, Belarus, Burundi, Cameroon, Central African Republic, the Peoples’ Republic of China, Crimea, Cuba, Côte d'Ivoire, the Democratic People’s Republic of Korea, the Democratic Republic of the Congo, Donetsk, Eritrea, Ethiopia, Guinea Bissau, Guinea, Haiti, Iran, Iraq, India, Lebanon, Liberia, Libya, Luhansk, Mali, Nicaragua, Myanmar, Canada, Russia, Rwanda, Sevastopol, Servia, Sierra Leone, Somalia, South Sudan, Sudan, Suria, the Republic of Singapore, Trinidad and Tobago, United States of America, Venezuela, Yemen, Zimbabwe, and such other jurisdictions as designated by BloFin from time to time, in its sole discretion as a “Restricted Location”
    2. Any use of the BloFin Platform in connection with any of the following businesses and/or enterprise is prohibited (“Prohibited Business and Enterprise”):
      1. Any activities you carry out on the BloFin Platform that is in breach of, or inconsistent with any laws, regulations, rules and guidelines;
      2. Any activities you carry out on the BloFin Platform which violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Blofin;
      3. Any activities you carry out that may be construed as market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
      4. Any activities you carry out on the BloFin Platform which utilises (i) any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Blofin in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through the BloFin Platform; (ii) attempt to access any part or function of the properties without authorization, or connect to BloFin by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of the BloFin Platform or violate any security or authentication measures on BloFin or any network connected to BloFin; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of the BloFin Platform; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of the BloFin Platform, or the infrastructure of any systems or networks connected to BloFin; (vi) use any devices, software or routine programs to interfere with the normal operation of the BloFin Platform or any transactions on BloFin, or any other person’s use of the BloFin Platform; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to BloFin, or (viii) use the BloFin Platform in an illegal way.
    3. Without written consent from BloFin, the following commercial uses of Blofin.com data are prohibited:
      1. Trading services that make use of Blofin.com quotes or market bulletin board information.
      2. Data feeding or streaming services that make use of any market data of Blofin.com.
      3. Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Blofin.com.
    4. Without prior written consent from Blofin.com, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
    5. You agree that BloFin may monitor your transactions and/or account for any enforcement of this clause 6. You agree that BloFin may unilaterally determine, at its sole discretion, and take the following action(s) against a user suspected of engaging in such Prohibited Business and Enterprise by:
      1. Blocking and closing order requests;
      2. Freezing the account;
      3. Clawback of any profits obtained through Prohibited Business and Enterprise;
      4. Reporting the incident to Law Enforcement agencies; and
      5. Publishing the alleged violations and actions that have been taking; and
      6. Deleting any information you have published in operating Prohibited Business and Enterprise.

  4. YOUR BLOFIN ACCOUNT
    1. All Users must apply and “Sign Up” to access and utilise the BloFin Platform. You agree, in addition to accepting and consenting to these Terms, to provide BloFin with complete and accurate information as to your identity. You agree to provide BloFin with authentic information at the point “Sign Up” and further agree, on an on-going basis to provide BloFin with any authentic identification information for the purpose of identity verification and detection of money laundering, terrorist financing, fraud, or any other crime. If identification information supplied to us is outdated or no longer accurate and/or authentic, it is your responsibility and obligation to update BloFin as soon as reasonably practicable.
    2. You agree not to allow or enable anyone to use, log in and/or direct your BloFin account in any way. You are responsible for your own BloFin account, including but not limited to your BloFin password, keys, user ID, and all credentials associated with your BloFin account. You agree that you will notify us immediately such your BloFin account be accessed without authorisation from you, including through hacking. BloFin will not be responsible for any liabilities, losses, or damages of any kind, whether directly or indirectly out of unauthorised access of your BloFin account’s credentials (including, but not limited to passwords and 2FA codes). BloFin will not be liable for compensation or other legal liabilities arising out of the above causes of unauthorised access to your BloFin account.
    3. BloFin is committed to maintaining the security of user funds, and has implemented industry standard protection for BloFin Services. However, the actions of individuals may pose risks. You agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your BloFin account and personal information.
    4. You are solely responsible for keeping safe your BloFin account (including username and password), and be responsible for all the transactions undertaken by the same. BloFin assumes no liability for any loss or consequences caused by authorised or unauthorised use of your BloFin account, including but not limited to information disclosure, information release, consent or submission of various rules and agreements.
    5. By creating a BloFin account, you hereby agree that:
      1. You will notify BloFin immediately if you are aware of any unauthorized use of your BloFin account (including username and password) or any other violation of security rules.
      2. You will strictly abide by all mechanisms or procedures of BloFin regarding security, authentication, trading, charging and withdrawal.
      3. You will take appropriate steps to logout from Blofin at the end of each visit.
    6. You may, at any time, close your BloFin account on the BloFin Platform. If you need more information on steps to take, please contact support@blofin.com for more information.

  5. SUSPENSION OR TERMINATION OF BLOFIN ACCOUNT
    1. Account Suspension: BloFin has the right at any time to suspend your account (including taking actions such as freezing or locking your funds) if it suspects, at its sole discretion, any of the following:
      1. Your BloFin account is in violation of these Terms or any applicable laws and regulations.
      2. Your BloFin account is subject to any pending and/or current litigation in any jurisdiction.
      3. Your BloFin account is subject to any investigation by law enforcement, government bodies, warrants, subpoenas, court orders or other similar procedures and processes in any relevant jurisdiction.
      4. Your BloFin account is subject to any government, regulatory authority or court-ordered seizure and/or judgement.
      5. BloFin detect unauthorised access to your BloFin account.
      6. BloFin detect unusual activities in your BloFin account.
    2. Account Termination: BloFin has the right to terminate your account at any time and for any reason, at its sole discretion.
    3. You agree that in the event of an account termination, the account and transactional information that meets data retention standards will be securely stored for a minimum of 5 years, extendable upon due request by a competent judicial authority. In addition, if a transaction is unfinished or incomplete during the account termination process, BloFin shall have the right to notify the counterparty.
    4. In the event that BloFin suspends or terminates your account, you agree that all charges and liabilities (as the case may be) owed to BloFin will be payable immediately to BloFin. Upon payment of all outstanding charges to BloFin (if any), Users will have 5 business days to withdraw all digital assets or funds from the account.
    5. In the event that BloFin suspends or terminates your account, you further agree that the digital assets, funds and your user data/information may be turned over to any such third parties (including but not limited to law enforcement agencies and governmental authorities) in respect of any investigations, including investigation arising out of fraud, violation of law, or violation of these Terms.
    6. Administrative Hold: If BloFin is informed that any digital assets or funds held in your BloFin account are stolen or otherwise are not lawfully possessed by you, BloFin may, but has no obligation to, place an administrative hold on the affected funds and your BloFin account. If Blofin does initiate an administrative hold on some or all of your funds or BloFin account, BloFin may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to BloFin has been provided to BloFin. BloFin will not involve itself in any such dispute or the resolution of the dispute. You agree that BloFin will have no liability or responsibility for any such administrative hold, or for your inability to withdraw digital assets or funds or execute trades during the period of the administrative hold.
    7. Dormant Accounts: You agree that BloFin may provide a notice requiring you to close all of your open positions and withdraw all of your digital assets from your BloFin account within 15 days notice. In the event that you fail to do so, BloFin may, in its absolute discretion and without prior notice to you:
      1. Deem your BloFin account as a dormant account and close and/or terminate such dormant account at any time. BloFin will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account. After a dormant account is closed, it cannot be reactivated, you will need to register a new BloFin account if you wish to continue using the BloFin Services.
      2. Close any open positions in your BloFin account.
      3. Convert the digital assets to a different type of digital asset (eg., from BTC to BUSD). For the avoidance of doubt, BloFin shall not be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion.
      4. If BloFin deems your account as a dormant account, transfer such dormant account (including any digital assets contained therein) to an affiliate of BloFin, any third-party custodian or an isolated wallet where it is deemed reasonably necessary by BloFin to do so. In the event that such a transfer takes place, you have the right to retrieve your digital assets, subject to satisfying BloFin verification requirements.
      5. If BloFin deems your account as a dormant account, charge the dormant account an account fee to cover the costs of maintaining the assets by BloFin, or any third-party. Such fee shall be withdrawn directly from the dormant account on a monthly basis.

  6. BLOFIN SERVICES
    1. Upon completion of the registration and identity verification for your BloFin account you may use various BloFin Services, including but not limited to, futures trading, copy trading, spot trading, acquiring market-related data, research and other information released by BloFin, participate in user activities held by BloFin, etc., (the “BloFin Services”) in accordance with these Terms.
    2. You understand and unequivocally agree that, to enjoy the BloFin Services, you may be required to agree and conclude separate agreement(s), guidelines, policies and instructions with BloFin which shall form part of the legal contract between you and BloFin. You further agree that by participating in corresponding functions or enjoining applicable BloFin Services, you are deemed to have read, understood and accepted provisions contained therein.
    3. In addition to the foregoing, you agree that BloFin has the sole right, in its sole discretion to:
      1. Provide, modify or terminate, any or all BloFin Services.
      2. Allow or prohibit some or all of the user’s use of any BloFin Services in accordance with relevant BloFin platform rules.
    4. BloFin has the exclusive authority to determine which digital assets are listed on the platform and may add or remove, in its sole discretion, any digital asset from the platform from time to time. You also agree that BloFin may also change the order size available for each digital asset.
    5. In respect of such additions, removal, modification and/or amendments, BloFin may, but is not obliged to, notify users in advance and BloFin shall have no liability to users in connection with such additions, removals, modification and/or amendments.

  7. COMPLIANCE WITH LOCAL LAWS
    1. You agree that it is your responsibility to abide by local laws in relation to the usage of the BloFin Services in your jurisdiction as well as other laws and regulation applicable to you.
    2. You acknowledge and declare that all your funds emanate from legitimate sources and do not originate from illegal activities. You agree that BloFin may require you to provide or otherwise collect necessary information and materials, in accordance with applicable laws or government orders to verify the legality of the sources and use of your funds.

  8. LICENSE TO ACCESS AND USE BLOFIN SERVICES
    1. Provided that you are in constant compliance with these Terms, BloFin grants you a revocable, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the BloFin Services through your computer or internet compatible devices for your personal/internal purposes.
    2. In connection with clause 11.1, you agree that when you use any BloFin Services, such usage does not mean BloFin is transferring any of the BloFin Services or the ownership or intellectual property rights to you or anyone else. All text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression look and feel, and layout of any content included in the BloFin Services, are exclusively owned, controlled and/or licensed by BloFin, or its members, parent companies, licensors or affiliates.
    3. You agree further that BloFin owns any and all feedback, suggestions, ideas or other information or materials about BloFin and/or BloFin Services that you provide through email, BloFin Service or any other ways (together “User Feedback”). You hereby transfer all User Feedback to BloFin and hereby waive any request for acknowledgement or compensation based on any User Feedback or any modifications based on any User Feedback.
    4. Unless explicitly authorized by BloFin, you are prohibited from using the BloFin Services for resale and commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. BloFin reserves all rights not expressly granted in these Terms. Consequently, you are hereby prohibited from using the BloFin Services in any way not expressly authorized by these Terms.

  9. LIMITATION OF LIABILITIES
    1. To the maximum extent permitted by applicable law, in no event will BloFin and its respective shareholders, members, directors, officers, employees, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential damages or liabilities whatsoever (including without limitation, damages for loss of data, information, revenue, profits or other business or financial benefits) arising from BloFin Services, or any other product, service or other item provided by or on behalf of BloFin and its affiliates.
    2. Notwithstanding the foregoing and to the fullest extent permitted by applicable law, the total aggregate liability of BloFin for losses that the user may suffer arising out of, or in connection with the BloFin Services, or any other product, service or other item provided by or on behalf of BloFin and its affiliates shall be limited to a maximum of the amount of transaction fees paid by the user under these terms in the three-month period immediately preceding the event giving rise to the claim.
    3. You acknowledge and agree that neither BloFin or its respective affiliates is aware of any special circumstances pertaining to you, and that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction and/or specific performance.

  10. INDEMNIFICATION
    1. To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless and promptly defend BloFin and its affiliates and associates (including BloFin’s agents, shareholders, directors, officers and employees) from and against any and all losses arising from or in connection with any third-party claims, losses, liabilities, damages, judgements, penalties, fines, costs and expense which may be suffered or incurred by BloFin arising out of or in relation to:
      1. You use of or conduct of the BloFin Services.
      2. Your non-compliance in performing any obligations under these Terms.
      3. Your breach of these Terms.
      4. Your violation of applicable laws or any rights of third parties.
      5. Any third party claim related to your use of the BloFin Services.
      6. Any false, inaccurate, misleading, deceptive information provided by you to BloFin in the course of using the BloFin Services.
      7. Any investigation, claim, suit, action or other proceeding against us relating to or arising out of your use of the BloFin Services by a governmental authority or regulator or law enforcement organization in any applicable jurisdictions.
    2. You agree that BloFin shall have the right, in its sole discretion to control any action or proceeding in which you are obligated to indemnify BloFin for.

  11. DISPUTE RESOLUTION AND GOVERNING LAW
    1. Notice of Claim: If you have a dispute with BloFin, please contact BloFin’s customer service and a ticket number will be assigned to you. BloFin will attempt to resolve your dispute, in good faith, internally as soon as possible. You agree to negotiate in good faith to resolve the dispute (which discussions and resolution (if any) will remain confidential and on a “Without Prejudice” basis).
    2. In the event the dispute cannot be resolved satisfactorily, and you commence a legal claim against BloFin, you agree to set forth the basis of such claim in writing in a “Notice of Claim”, as a form of prior notice to BloFin. The Notice of Claim must be submitted to an email address or hyperlink provided by BloFin, and must:
      1. Describe the nature and basis of the claim or dispute.
      2. Despite clause 12, state the specific relief sought.
      3. Provide the original ticket number.
      4. Include your BloFin account email address.
    3. For the avoidance of doubt, you agree that the submission of a dispute to BloFin for good faith negotiations in clause 14.1 and the delivery and/or submission of the Notice of Claim in clause 14.2 are pre-requisites to the commencement of arbitral proceedings envisaged below.
    4. Agreement to Arbitrate: You acknowledge and agree that in the event of any dispute, controversy, difference or claim, including the existence, validity, interpretation, performance, breach or termination of these Terms or any dispute arising out of or relating to these Terms (after completing the steps envisaged in clauses 14.1 and 14.2), shall be referred to and finally resolved by arbitration administered by the HKIAC under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the laws of the Hong Kong Special Administrative Region of People’s Republic of China (“Hong Kong”).
    5. You agree that the seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). BloFin shall appoint one (1) arbitrator and you shall appoint (1) arbitrator. The third arbitrator shall be appointed by the Chairman of the HKIAC. Such arbitrators shall be freely selected and the parties shall not be limited in their selection to any prescribed list. The arbitration proceedings shall be conducted in English.
    6. You agree that BloFin shall not be required to give general discovery of documents, but may be required only to product specific, identified documents which are relevant and material to the outcome of the dispute.
    7. Any arbitral award shall be final and binding upon the parties hereto and shall be enforceable in any competent court which has jurisdiction.
    8. Confidentiality: You agree that the arbitration, including the existence of the arbitration, the existence or content of the claim, all documents and information provided or exchanged in connection with the arbitration, any submissions or orders or awards made in the arbitration shall be kept confidential.
    9. Notwithstanding the confidential nature of the arbitration, a party may disclose such information pertaining to the arbitration:
      1. If written consent of the other party is obtained.
      2. To the extent required by applicable law.
      3. In connection to any legal proceedings to enforce or challenge the arbitral award obtained via the arbitration
      4. To the extent that the confidential information is in the public domain otherwise than by breach of this confidentiality clause and/or these Terms.
    10. This confidentiality provision at clause 14.8 and 14.9 shall survive termination of these Terms or the stay of any arbitration or the conclusion of the arbitration brought pursuant to these Terms.
    11. Class Action Waiver: You agree that any claims relating to these Terms, including the existence and enforceability of the same, or to your relationship with BloFin shall be brought against BloFin on an individual basis only and not as a class member in a class or representative action. You further agree to waive any right for such claims to be brought, heard and arbitrated as a class, collective or representative action. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of BloFin.

  12. FORCE MAJEURE
    1. Neither party shall be liable for any delay or failure to perform any of their obligations under these Terms, provided such delay or failure to perform are not the result of a party’s fraud, gross negligence or wilful default, and is caused by a force majeure event, including, but not limited to:
      1. Acts of God, fire, storm, tempest, explosion, flood, earthquake, subsidence or any other natural physical disasters.
      2. Acts of war, terrorism, riots, civil commotion, military action, insurrections, rebellions or revolutions or any other similar acts.
      3. Pandemics or epidemics
      4. Failure or interruption in power, communication channels, hardware, software, internet connections and information systems.
      5. Acts of state or government, political interference, sanctions and embargos.

  13. SEVERABILITY
    If any of these Terms is held invalid or unenforceable by an arbitral tribunal or a court of competent jurisdiction, such invalidity or unenforceability will not affect the other provisions of these Terms, which will remain in full force and effect.
  1. ASSIGNMENT
    You agree that you may not assign or transfer any right to use BloFin or the BloFin Services or any of your rights or obligations under these Terms without prior written consent from BloFin. BloFin may assign or transfer any or all its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
  1. WAIVER
    You agree that the failure of one party to require performance of any provision under these Terms will not affect that party’s right to require performance at any time thereafter. In the same vein, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable Terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
  1. MISCELLANEOUS
    1. Third-Party Website Disclaimer: Any links to third-party websites from BloFin does not imply endorsement by BloFin of any product, service, information or disclaimer presented therein, nor does BloFin guarantee the accuracy of the information contained therein. If you suffer loss from using such third-party product and service, BloFin will not be liable for such loss. In addition, since BloFin has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
    2. Contact Information: If you have questions regarding these Terms, please feel free to contact BloFin for clarifications via our customer Service team at https://blofin.zendesk.com/hc/en-us.

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