TERMS OF SERVICE

Barginex is a company which has services of cryptocurrency issues. Barginex is registered at Republic of Seychelles. 

Use of the services offered on websites/applications run by Barginex are managed through the terms on this Terms of Service page.  

Barginex can change Terms of Service whenever it is needed. Barginex does not have to inform you in case of such amendments/changes.  

You acknowledge that it is your responsibility to check Terms of Service periodically.   

If you use Barginex webpage perpetually, sometimes or even just once, it means that you accept of any changes within Terms of Service.  

Terminology 

The following terminology applies to this Terms of Service, Privacy Statement, Risk Disclaimer and all other Agreements: "Client", "Customer", "You" and "Your" refers to you, the person accessing our websites and accepting the company's Terms of Service. "The Company", "Ourselves", "We" and "Us" refers to Barginex "Party", "Parties", or "Us" refers to both the Client and ourselves, or either the client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they are taken as interchangeable and therefore as referring to same.  

Privacy Policy 

Barginex guarantees that necessary steps are taken to protect the privacy of its users.  

Only official/authorized personnel within the company use the information collected from individual customers for business matters such as software issues or answering support messages. 

We constantly check out our systems and data to ensure the best possible privacy for our clients and we do not give personal information such as IP addresses, email addresses, usernames, trading history or anything else related to a customer account to a 3rd party - unless the information is required by law or explicitly instructed by our customers.  

Besides, we may share such information with our partners/shareholders, companies which  Barginex collaborate related to services and so on. Any email sent by us will only contain information about our services and products. If there is a breach of data protection/privacy policy within the responsibility of 3rd parties’ risk area/space, Barginex has no liability for such an issue. 

Account Creation 

By creating an account for any service provided by Barginex you agree: 

That you have read, understood and accepted Terms of Service. 

Barginex Financial Technologies LLC. does not provide services to citizens and residents of the United States or any country where such distribution or use would be contrary to local law or regulation.  

That you are at least 18 years old. 

That you are the owner of all cryptocurrency and other assets  that you transfer to Barginex and  all cryptocurrency and assets are legitimately/legally earned assets. In other words, you buy or have them in a legal way. 

That you are aware of all risks because of using services provided by Barginex.   

That it is possible to lose all funds deposited to services provided by Barginex (for example margin service) 

That using services of Barginex does not breach any law or regulation in your country of residence. It is your responsibility to verify that you are allowed to use the services provided by Barginex.  

Identity verification and anti-money laundering 

We reserve the right to verify your identity and your physical address at any time and you are obliged to/you have to cooperate and provide all requested/needed information and documents in this process. During this process, you may or may not be able to use our services.  

Service Accessibility 

Use of our services may be subject to limitations, including but not limited to transaction volumes and the number of calls permitted to be made against our servers.  

Barginex does not guarantee that provided services will be accessible or error-free or can be used uninterrupted at any time or location and denies all responsibility/liability unless explicitly mentioned otherwise. Use of our services may be subject to limitations, including but not limited to transaction volumes and the number of calls permitted to be made against our servers. 

Account Security / Issues 

Clients sending cryptocurrency to our services through the use of cryptographic algorithms and distributed networks take full responsibility for the risks involved.  

All cryptocurrency trades and transactions are irreversible. Due to the irreversible nature of transactions in cryptocurrency networks, we cannot be held liable for deposits or withdrawals made to incorrect addresses. 

By using our services you totally accept liability/responsibility of any loss or damages incurred through the use of cryptocurrency. Barginex can’t be held responsible/liable for any loss of cryptocurrency.  

Any attempt to exceed our trading limits (maximum position sizes, market-wide maximums, etc.) is a violation of our Terms of Service (see Violating the Terms of Service). It is also not allowed that another person or legal entity is making the underlying trades or transactions on your behalf in order to exceed these limits.  

Despite we try to process all withdrawals as immediate as possible, it is probable that a withdrawal attempt is delayed/blocked for a number of reasons. This includes, not limited to software or network issues, any kind of problems stem from the cryptocurrency technology you are making a transaction with, a high number of withdrawal requests, large withdrawal amounts, suspected violations of our terms and system maintenance.  

We firmly recommend you to keep your login details secure and never let others to know. You use our service at your own risk and liability.  

Every effort has been taken to ensure your account is secure and our servers and software are tested regularly.  

When your account is compromised as a result of your negligence we deny all liability/responsibility and will not refund your losses.  

If you lose access to your email address, phone, phone number or any device that is required for accessing your account (e.g. Two-Factor Authentication device) we do not guarantee that you will be able to regain access to your account. While reviewing all related requests, we might not be able to help if you cannot prove us that you are the real account user/owner.  

If you are a suspect of manipulative trade in the market in any way (deliberately or not), or puts Barginex services at risk or in any other way is deemed/seen unfair, manipulative or malignant by us is a violation of our terms (see Violating the Terms of Service).  

A client can have only one account. Multiple accounts are strictly prohibited without explicit written permission from us. If you lose or forget your login details please use the relevant links to recover your login credentials or contact us for help. If you are suspected of using our services with multiple accounts you are violating our terms (see Violating the Terms of Service).  

We test/control our servers and software frequently and regularly. If customers' cryptocurrency or other assets are stolen, we will give information/notify to all affected customers. If a situation appears/occurs where withdrawal requests cannot be performed/realized anymore all existing assets of Barginex will be used to cover the liabilities. 

External links and Services 

Although we only try to include high-quality and safe external links to other websites and services, you should always be careful before clicking or using any external websites or services mentioned throughout our websites or in messages you receive from us.  

Because we are not the owner of these websites, we cannot guarantee or verify the contents of any externally linked website. When clicking on external links we cannot be held liable/responsible for any damages or implications caused by visiting these links or by using services offered on the linked websites. 

Fees 

All service fees are listed on the “Fees” page on the websites operated by Barginex. We reserve the right to change fees without prior notifications.  

Blockchain Hardforks 

A blockchain hard fork is defined as a permanent divergence in the blockchain that occurs when nodes follow different consensus rules. This means that a cryptocurrency will be effectively split into two separate independent currencies. Due to the administrative complexity of distributing and splitting a hard forked currency in our system, support of any forked currency is at the sole discretion of Barginex. 

 

If we make no public announcement regarding an attempted hard fork we will not support and distribute the new currency. If you wish to split tokens after such a hard fork, it is necessary that you withdraw the funds prior to the fork date. We are neither responsible for any damages resulting from a hard fork, nor will we return any funds that were accidentally deposited from a currency that our system does not support.  

Rollback of Trades and Transactions 

Barginex reserves the right to rollback transactions and trades at any time at its sole discretion. Reasons for such a rollback includes but not limited to: 

System and software errors. 

System software errors of 3rd party services that are required for the services of Barginex Financial Technologies. 

A mistake made by the personnel of Barginex 

High price volatility of an underlying market. 

Violating the Terms of Service 

If we detect or suspect a violation of our Terms of Service, we reserve the right to suspend, delete or temporarily disable all related accounts without warning, recourse or refund. All cryptocurrency, assets, mediums of exchange or items of value will be held by us pending our inquiries and may be used to cover any incurred losses. Open trades and positions might be force closed at the current market price. During the investigation, you might not be able to log into your account or make trades or transactions. We decide how much of the aforementioned seized assets we will keep and you agree that our decision is final. If the aforementioned seized assets do not cover the damages resulted from the violation of our terms, we reserve the right to file a civil lawsuit for recovering all damages and/or report the case to authorities. You may not be able to re-register a new account with us.  

Loss of service and refunds 

You can request a refund if: 

Barginex has an unscheduled outage or trading interruption and you are not able to close a position 

Barginex has an unscheduled outage or trading interruption and the trading engine executes a Take Profit or Stop Loss order delayed at a worse condition. 

The refund will only cover the lost amounts during the outage.  

In any case you must contact us immediately after learning the problem.  

If our access log shows that you deliberately left a position open after all services were restored, we will not refund any losses.  

An outage can be described as a malfunction of regular trading.  

If the outage is caused by a 3rd party and users outside of Barginex are affected, we will not refund any losses.  

This includes but is not limited to: 

Outages of underlying exchanges like NASDAQ etc. 

Global internet issues. 

Referral 

There is no limit to the number of friends you can refer, although we do reserve the right to adjust or change the referral program rules at any time. Barginex will check for duplicate or fake accounts and will not pay out referral bonuses on these accounts. 

Duplication or shared finances will result in disqualification.

Barginex reserves the right to change the terms of the referral program at any time due to changing market conditions, risk of fraud, or any other factors which are supposed relevant by Barginex

Market Maker 

Trading on Barginex means that you agree to the shown market prices and accept us as the market maker. If our system has no system errors all trades are irreversible. Our platform does not manipulate prices, order executions, spreads or anything else to our advantage. All spreads can change at any time depending on the underlying market conditions.  

Stop Loss Implementation 

When a position on Barginex loses too much of its initial value, the position gets automatically closed at a predefined price with a market order. This predefined "Stop Loss" price is displayed in the user interface. The Stop Loss price is never a guaranteed exit price and it is possible to lose more than your initial margin. We make no refunds or exceptions when a position was automatically closed. Trading on Barginex means that you explicitly agree to this implementation.