Legal & Privacy

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Privacy Policy

1.       INTRODUCTION

1.1     This Privacy Policy (the “Policy”) describes how we collect, process, use and disclose your personal data in relation to your access and use of MX Global products and services.

Reference in this document to “MX Global”, “we”, “us”, “our” or any similar term is to MX Global Sdn Bhd, who is the data controller

1.2      We are committed to ensure that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this Privacy Statement.

1.3       We are committed to ensure that your personal data is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal data we collect online.

1.4       By submitting your information, signing up on the website and/or other confirmation, and/or by using the products and/or services or by otherwise giving us your information, you will be deemed to have read, understood and agreed to the practices and policies outlined in this privacy policy and you hereby consent to our collection, use and disclosure of your personal data and information as described in this privacy policy and confirm that you are bound by this Privacy Policy Statement.

1.5       We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy Statement, at our sole discretion, at any time. If you do not agree with this Privacy Policy Statement at any time, do not use any of the products and/or services or give us any of your personal data and/or information.

1.6      If you do not provide us with some or all of the information requested by MX Global or withdraw your consent to MX Global collecting and using your personal data, MX Global will be unable to provide or continue to provide you with our products and services.

2.       OBJECTIVE

2.1       The objectives of this Privacy Policy Statement are to:

•       Provide a set of privacy and personal data protection standards that govern our procedures and protect the privacy of your personal data;

•          Demonstrate our on-going commitment to protecting your privacy and addressing any privacy concerns that you might have;

•          Describe the ways in which we collect, use, disclose and retain your personal data;

•          Ensure that we comply with the Personal Data Protection Act 2010 (“PDPA”); and

•          Facilitate our compliance with any further developments in the protection of personal data.

3.       SCOPE

          3.1         This Privacy Policy Statement explains:

·         The type of personal data;

·         How we collect personal data;

·         How we use your personal data;

·         Disclosure of personal data;

·         Security of your personal data;

·         Global Company; and

·         Additional matters relating to personal data.

4.        THE TYPE OF PERSONAL DATA

4.1     Generally, some of our products and services require us to know who you are so that we can best meet your needs. When you sign-up on our Website, access our products and/or services, submit information, or through any interaction with us via application or registration forms, emails, telephone calls, short messaging services, texts or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you.

Without prejudice to the generality of the above, following (but not limited to) information collected by us from you may constitute personal data under the PDPA include:

•          Contact data (name, NRIC, passport or other identification number, telephone number(s), mailing address, email address, personal interests, and any other information provided to us in any forms you may have submitted to us, interaction with MX Global and its agents/employees, or through opening an account with MX Global).

•          Other information that you voluntarily choose to provide to us (such as information shared by you with us through emails).

•          Financial information.

•          Information received by body corporate under lawful contract or otherwise.

•         Your use of our products and/or services, including data of investment history, volume, patterns, predictions and trends.

•          Email and telephone call data records.

•       Your use of our Website and products and/or services, computer and connection information, device capability, bandwidth, statistics on page views, and traffic to and from our Website, including cookies, IP address, policy and usage history information.

5.        HOW WE COLLECT PERSONAL DATA

5.1       We obtain personal data and information in various ways, including but not limited to:

•          When you register an account with MX Global through our website.

•          Through your relationship with us, for example information provided by or collected from you when using our products or services, when taking part in customer surveys, competitions and promotions.

•          From an analysis of the way you use and manage your account with us, from the transactions you make and from the payments which are made to/from your account.

•          When you contact MX Global through various methods such as application forms, email, letters and telephone calls. If you contact us or we contact you using telephone, we may monitor or record the phone call for quality assurance, training and security purposes.

•          When we obtain any data and information from third parties (e.g. credit reference agencies, regulatory and enforcement agencies, identity verification services).

•          We may also collect information through technology. Such information may include through cookies, geolocation, third party analytics services or etc.

•          From such other sources in respect of which you have given your consent to disclose information relating to you and/or where not otherwise restricted.

6.        HOW WE USE YOUR PERSONAL DATA

6.1       We may use your personal data and information for one or more of the following purposes:

•          For the specific purpose for which the personal data and/or information was provided.

•          To verify your identity as required by the Securities Commission of Malaysia and any applicable authorities and law.

•          In the case of investors looking to allocate capital (i.e. investors placing its investment/investing) on the platform, to confirm that you are eligible to make investments through the website in accordance with relevant legislation.

•          To comply with any compliance and disclosure requirements of any and all governmental and/or, agencies, regulatory and/or statutory bodies.

•          To comply with any legal obligation binding on us under any law, rule, regulation, by-law, order, guideline, directive, policy and such other requirements in force and as amended from time to time.

•          For the purposes of record-keeping in the ordinary course of MX Global’s business.

•          Any purposes relating to the activities on our Website.

•          To confirm your identity and ensure that you are eligible to access and use the products and/or services provided on our Website.

•          To process and, where necessary, respond to your application(s), enquiry(s), or request(s) or communicate with you.

•          To conduct due diligence checks on you in accordance with all applicable laws and MX Global’s internal ‘know your customer’ and Anti-Money Laundering/Countering the Financing of Terrorism policies.

•           To enable MX Global to comply with all of its legal and regulatory obligations.

•          To inform or update you about products, or services that you request from MX Global or that may interest you, where you have consented to be contacted for such purposes.

•          To update you about changes to our Website or MX Global’s operations;

•          To monitor, improve, and administer our Website and the products and services provided through it, and conduct statistical or other forms of analysis for purposes of maintaining or improving our Website and MX Global’s products and services in general;

•          To comply with all proceedings or inquiries from any state, regulatory, or enforcement agency or enforce or defend our legal rights and/or obtaining legal advice; and

•          That a reasonable person would consider appropriate in the circumstances and where you have been informed in accordance with this Privacy Policy Statement, to the extent applicable. 

7.        DISCLOSURE OF PERSONAL DATA

7.1       As a part of providing you with our products and services, and for the management and operations of these products and services, and to comply with legal and regulatory requirements, we may be required or need to disclose personal data and/or information about you and your account with us to the following third parties:

•          Companies and organizations that act as our agents, affiliates and/or professional advisers.

•          Companies and organizations that assist us in processing or otherwise fulfilling transactions that you have requested.

•          Law enforcement, regulatory compliance and governmental agencies.

•          Your advisers (including but not limited to accountants, auditors, lawyers, financial advisers or other professional advisers) where authorized by you.

•           Any other person notified by you as authorized to give instructions or to use the accounts, facilities, products or services on your behalf.

7.2       The aforementioned third parties may in some instances be located outside of your country. You consent to us transferring your personal data outside Malaysia in these instances. Save as set out in this Privacy Policy Statement, we will otherwise treat your personal data as private and confidential and will not disclose your personal data to anyone outside MX Global except:

•          Where you have given permission.

•          Where we are required or permitted to do so by law.

•          Where required or authorized by any order of court, tribunal or authority, whether governmental or quasi-governmental with jurisdiction over MX Global.

•          Where we may transfer rights and obligations pursuant to our agreement with you.

•          Where we are required to meet our obligations to any relevant regulatory authority (whether in or outside your country.

8.        SECURITY OF YOUR PERSONAL DATA

8.1       Your personal data is maintained by MX Global in electronic form on its equipment, and on the equipment of its employees. Such personal data may also be converted to physical form from time to time. MX Global has implemented and will continue to maintain security measures adequate to prevent the unauthorized collection, use, processing, disclosure, copying, modification, and disposal of your personal data. Nevertheless, you acknowledge and agree that communications through the Internet are not entirely secure and that any information transferred to MX Global is done so at your own risk. MX Global does not warrant or guarantee that the information you provide will not be accessed, copied, used, processed or disposed of in breach of MX Global security measures, and you agree not to hold MX Global liable or responsible for any loss or damage resulting therefrom. In the event of such a breach, MX Global will, as far as reasonably possible, promptly notify all affected persons.

No administrator at MX Global will have knowledge of your password. You accept that you are responsible for keeping confidential your username and password to your account with MX Global. Be sure to log off from our Website when finished. MX Global does not undertake any liability for any unauthorized use of your account and password. If you suspect any unauthorized use of your account, you must immediately MX Global by sending an email to support@mx.exchange

9.        GLOBAL COMPANY

9.1       The personal data we collect may be transferred to, stored and processed outside of the jurisdiction in which you reside, and the laws of those countries may differ from the laws applicable in your own country. Any processing of such data will be undertaken by our staff, or the staff of our third-party service providers, whose roles will include verifying your identity, processing payment details, and providing customer support.

By accepting this Privacy Policy Statement, and then submitting your personal data, you agree to the transfer, storing or processing of it outside of your jurisdiction.

10.     ADDITIONAL MATTERS RELATING TO PERSONAL DATA

          10.1      Retention of personal data

MX Global will retain your personal data in compliance with this Privacy Policy Statement and the Terms and Conditions of your agreements with MX Global for the duration of your relationship with us, and afterwards for such period as may be necessary to protect the interests of MX Global and its customers, and as required by MX Global’s relevant policies, and as required by the law.

          10.2      Incomplete personal data and information

Where indicated (for example in application forms or account opening forms), it is obligatory to provide your personal data and information to us to enable us to process your application for our products or services. Should you decline to provide such obligatory personal data or information, we may not be able to process your application/request or provide you with our products or services.

          10.3     Your right to access and update your personal data and information

You have a right to access your personal data and information. Please contact customer support if you wish to have access to your personal data and information. MX Global will take steps to verify your identity before fulfilling your request.

If there are any changes to your personal data or if you believe that the personal data, we have about you is inaccurate, incomplete, misleading or not up-to-date, please contact us so that we may take steps to update your personal data. MX Global may use its discretion in allowing the corrections requested and/or may require further documentary evidence of the new personal data or information to avoid fraud and inaccuracy.

          10.4     Revisions to this Privacy Policy Statement

This Privacy Policy Statement may be revised by us from time to time. If there are any material changes, MX Global will notify you (e.g. by email communication or posting a prominent notice).

          10.5     Language

Privacy Policy Statement is issued and displayed at the Company website is in English language.

However, in accordance with Section 7(3) of the PDPA, the Company shall provide this document in Bahasa Malaysia version upon request from the customer.

In the event of any inconsistency, the English language version of this Privacy Policy Statement shall prevail.

10.6   Contacting MX Global in relation to personal data and information.

Should you require this Privacy Policy Statement in Bahasa Malaysia or have any query in relation to this Privacy Policy Statement or how we handle your personal data and information, kindly contact support@mx.exchange

 

 

 

Terms and Conditions

1.        ACCEPTANCE OF TERMS

1.1       The Terms and Conditions constitute a legally binding agreement between you and MX Global Sdn Bhd. For the purposes of this Terms and Conditions, any reference to “we” “us” “our” “MX”, “MX Global”, “The Company “and/or any similar term shall be construed as reference to MX Global Sdn Bhd, while any reference to “you” “your” “Client” and/or any similar term shall be construed as reference to you as the MX Global’s user.

1.2       By registering and opening an account to use our website and MX Global (each a “Client Account”), you represent that you are eligible to do so, and unconditionally agree that you have read, understood and accept all of the Terms and Conditions set out below, together with the Privacy Policy Statement, and the Self-Declared Risk Acknowledgment (as those terms are defined below) (collectively, the “Agreement”).

1.3       You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in Malaysia that may be applicable to your use of our website and/or your MX Account.

1.4       Please read this Terms and Conditions carefully before using our website because they affect your legal rights and obligations. MX Global may, in its sole and absolute discretion, refuse to open a User Account for you.

2.       GENERAL MATTER

The platform operated by MX Global Sdn Bhd provides a user-friendly means to trade Fiat (as defined below) for the Supported Digital Asset (as defined below) and vice versa. It does not give Users (as defined below) the ability to trade Fiat for one form to another form of legal tender.

MX Global Sdn Bhd provides the following services to each Client:

•          one or more hosted digital asset wallets (the “MX Wallet“) enabling the Client to store, track, transfer, and manage the Client’s balances of Supported Digital Asset, currently Bitcoin or Ether only.

•          a digital asset exchange service enabling the Client to obtain prices for the purchase and sale of the Supported Digital Asset (“MX Exchange”);

•          a digital asset trading exchange platform enabling the Client to buy (with Fiat) and sell (for Fiat) the Supported Digital Asset, or trade, in each case via transactions on MX Exchange by matching your trades with open orders from other Clients (the “Exchange Conversion Services“); and

•          Such other products and services that MX Global provides to the Users and/or Clients from time to time, (collectively the “Digital Asset Services“).

3.        TERMS DEFINITIONS

3.1       For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:

 

 

“Digital Asset Services”

means the products and services which MX Global provides to Users and Clients, including but not limited to the Exchange Conversion Services.

“Digital Asset Transaction”

means the transaction through the MX Wallet which enables the relevant User to send the Supported Digital Assets to, and request, receive, and store the Supported Digital Assets from, third parties by giving instructions through the MX Global website.

 

“Disclaimer”

means MX Global Disclaimer available in our website.

 

“Exchange Conversion Services”

refers to the buy (with Fiat) and sell (for Fiat) of the Supported Digital Assets.

 

“Fiat”

means Ringgit Malaysia, the lawful currency of Malaysia.

 

“Client”

means the Users which we have accepted as Client to buy/ sell/ trade Supported Digital Assets.

 

“KYC”

refers to “Know Your Customer”, a process by which we obtain information about the identity and address of Users and potential Users and Clients.

 

“Privacy Policy Statement”

means the MX Global Privacy Policy Statement available in our website.

 

“Self-Declared Risk Acknowledgment”          

means the MX Global Self-Declared Risk Acknowledgement available in our website.

 

“Supported Digital Asset”               

refers to the digital assets ie. Bitcoin and Ether and such other digital assets as may be supported on our platform from time to time.

 

“User”

refers to any person using MX Global who has registered an account on our website.

 

 

 

4.       AMENDMENTS TO AGREEMENT

             4.1       MX Global reserves the right to amend or modify (in whole or in part) this Agreement at any time by publishing the revised version of this Agreement on our website. 

4.2       The amendments to this Agreement will become effective and shall be deemed accepted by you, on and from the first time you access MX Global or the Digital Asset Services following MX Global publishing such amendments and they will apply on a going-forward basis with respect to any activity initiated after publishing.

4.3       You should visit our website regularly to check when the Terms and Conditions were last updated (as displayed at the top of this document) and to review the current Terms and Conditions. We will do our best to notify you of any amendments to the Terms and Conditions that we consider likely to materially affect your rights and obligations. Any such notice will be posted on our website, or sent by email to the address associated with your MX Account (see Electronic Communications).

4.4       The continued use of your MX Account, after any amendment to this Terms and Conditions, constitutes your acceptance of the Terms and Conditions, as modified by such amendment.

4.5       If you do not agree with any amendment to this Agreement, your sole and exclusive remedy is to close your Account. You agree that MX Global shall not be liable to you as a result of any loss or damage suffered or incurred by you arising out of or in connection with any amendments to, or MX Global’s exercise of its rights under, this Agreement.

5.        ELIGIBILITY

5.1       By opening a MX Account, you expressly warrant and represent that:

I.          You are 18 years of age or over and have full capacity to accept the Terms and Conditions and enter any transaction available through our website;

II.         You will not open, or attempt to open, a MX Account under any name except your own; or use your MX Account to carry out transactions on behalf of a third party;

III.        You have provided the required identification information pursuant to MX Global’s Anti Money Laundering and Counter Financing of Terrorism Policy and accepted by MX Global Sdn Bhd;

IV.        You will not have more than one MX Account; use or access any MX Account other than your own; or assist any other person in obtaining unauthorised access to any MX Account;

V.         You will provide security for transactions carried out through your MX Account by ensuring there is sufficient Fiat or digital asset (as the case may be) in your MX Account in advance of any transaction;

VI.        You will not allow or facilitate the deposit of Fiat into your MX Account unless that deposit is made in accordance with the Deposit Requirements (see Deposits);

VII.       You will not allow or facilitate the withdrawal of Fiat from your MX Wallet to a bank account held in the name of a third party (see Withdrawals);

VIII.      You will not use your MX Account for or in relation to any illegal activity, any Prohibited Activity, in violation of any laws, statutes, ordinances or regulations;

IX.        You are a citizen of Malaysia residing in Malaysia;

X.         Any information that you provide is true, accurate and correct; and

XI.        You acknowledge that trading digital assets involves large risks and could result in significant financial losses and you shall not hold MX Global or any of its affiliates, officers, directors, employees and representatives liable for whatsoever arising therefrom.

5.2       You acknowledge and agree that you are not permitted to enter into this Agreement if:

I.          If you are not a Malaysian residing in Malaysia.

II.         The funds used by you in connection with the use of the Digital Asset Services and/or access to MX Global are the proceeds (whether in whole or in part) of any criminal or illegal activity or money laundering activity; or

III.        MX Global may, in its sole and absolute discretion and without being required to give any explanation or notice, refuse access to MX Exchange or any Digital Asset Service to any User or Client, including where the User/ Client does not meet, or MX Exchange suspects that the User or Client does not (or is unlikely to) meet, the requirements set out in this Agreement, including the Anti-Money Laundering/Combat the Financing of Terrorism (AML/CFT) standard.

By opening a MX Account, you accept and agree that MX Global may, without further notice and in its sole discretion, terminate, suspend or restrict the account of any customer who uses, or who we reasonably suspect may be using, our website or any MX Account in a manner that is inconsistent with the letter or spirit of this Terms and Conditions.

6.            RISK DISCLOSURE

6.1       Before using our website, you should ensure that you understand the risks involved in buying, selling or trading digital assets. Digital asset markets can be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets.

This market volatility and other risks involved in buying, selling or trading digital assets are explained in our Self-Declared Risk Acknowledgment on our website. There may be additional risks not identified in this Terms and Conditions or in the Self-Declared Risk Acknowledgment.

You, therefore, confirm and agree that:

I.          You have carefully assessed whether your financial situation and risk tolerance is suitable for buying, selling or trading digital assets;

II.         All investment decisions are made solely by the User.  Notwithstanding anything in this Agreement, MX Exchange and its affiliates, officers, directors, employees and representatives accept no responsibility whatsoever for, and shall in no circumstances be liable to a User in connection with, such decisions;

III.        You have read the Self-Declared Risk Acknowledgment and acknowledge the risks associated with the using of MX Exchange and receiving the Digital Asset Services; and

IV.        Any loss resulting from the Clients trading or investment through the recognised market is not covered by the Capital Market Compensation Fund.

7.        ELECTRONIC COMMUNICATIONS

7.1       You accept and agree that:

      any communications, agreements, notices and/or any other documents (together “Communications”) relating to your MX Account or your use of MX Global’s services will be provided to you electronically by posting them on our website, emailing them to the email address you have provided to us, or through any other form of electronic communication. You consent to receiving all Communications electronically

•      without contrary to any other provisions under these Terms and Conditions, you hereby consent that we may contact you via phone calls, text messages, emails and other electronic methods in future by using the information provided by you during registration on the Platform.

•       all electronic communications will be done in accordance with the Electronic Commerce Act 2006 and you hereby consent to receive electronically all related disclosures, including but not limited to documents, communications, notices, contracts, agreement or information statement from us or our affiliates, marketing partners, agents and other third-party service providers who we may use

•      you will at all times have available to you the necessary hardware and software to receive, access and retain Communications sent to you electronically, including a device with an internet connection and a valid and accessible email address;

•     you assume full responsibility for providing MX Global with a valid and accessible email address to which any Communications may be sent, and for ensuring that email address and any other contact information is kept up to date. Any Communication sent to the email address you have provided to us will be deemed to have been received by you.

•      You are not allowed to change your registered email address as accounts are tied to an email address. If you suspected your account have been hacked and wish to change the email address, please contact our customer support service for assistance.

7.2       You may at any time withdraw your consent to receiving Communications electronically by contacting support@mx.exchange  

8.        IDENTITY VERIFICATION

8.1       MX Global implements and maintains the strict standards of Know Your Customer (“KYC”) processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing.

To ensure we meet these standards, you are required to provide certain personal details and documents when opening a MX Account (“Identity Verification”). The nature and extent of the Identity Verification required will depend upon our risk-profiling of customers and the deposit and withdrawal limits that you wish to apply to your MX Account.

In certain circumstances, MX Global may also perform enhanced customer due diligence (“EDD”) procedures in relation to your MX Account. You accept and agree that you will remain subject to such procedures at all times.

8.2       Each User acknowledges and agrees the following:

•          identification and verification procedures, as per KYC prior to a User using the MX Exchange and receiving the benefit of the Digital Asset Services;

•          if a User fails to provide required documents and information under KYC, MX Global reserves the right to:

a)         prevent such User from performing any transaction within the exchange or accessing MX’s Digital Asset Services; and/or

b)         immediately terminate the provision of Digital Asset Services to the User without prior notice.

•          all information (including but not limited to personal information of the User) that such User provides to MX Global is accurate and complete.  If MX Global suspects any such information is inaccurate, false or incomplete, MX Global reserves the right to:

a)         refuse the User to register for a Client Account;

b)         prevent access to the MX Exchange or the Digital Asset Services; and/or

c)         immediately terminate the provision of Digital Asset Services to the User without prior notice.

•          if MX Global has a suspicion of a Client engaging in any illegal activity, including but not limited to money laundering, fraud, theft or criminal activity, MX Global may either request such Client to provide additional information for KYC and validation purposes or immediately terminate the provision of the Digital Asset Services to that Client without notice and report such activities to the relevant regulatory authority;

•          the Client hereby authorises MX Global to, directly or indirectly (through third parties), make any inquiries MX Global considers necessary to check the relevance and accuracy of the information provided for verification purposes, including subcontracting the provision of any related KYC or Client verification services to a nominated third party; and

•          that there may be delays in accessing your MX Account, or in carrying out transactions through your MX Account, while we undertake any Identity Verification and/or EDD procedures.

8.3       Retention of information

MX Global is required to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures. These requirements apply even when you have terminated your relationship with MX Global. We reserve the right to keep such information and documentation for the required period and you accept and agree that information and documentation you provide to MX Global may be retained by us, including following the closure of your MX Account.

9.        THE MX WALLET

9.1       The MX Wallet allows you to send, receive and store digital asset (together, “MX Wallet Transactions”).

The Supported Digital Asset may change from time to time. Under no circumstances should you attempt to carry out a MX Wallet Transaction in relation to a digital asset other than a Supported Digital Asset. In particular, but without limiting the generality of the foregoing, you accept and agree that you will have no access, entitlement or claim:

•          to any digital asset sent to a receiving address associated with your MX Wallet where that digital asset is not a Supported Digital Asset;

Or;

•          to any digital asset sent to a receiving address associated with your MX Wallet, where that receiving address is associated with another digital asset. For example, you will have no access, entitlement or claim to any Bitcoin (BTC) sent to a Bitcoin Cash (BCH) receiving address.

There is also a restriction imposed whereby the Supported Digital Asset can only be:

•          transferred to the MX Wallet from any external wallet addresses which are not associated to any illicit activities; and

•          transferred from the MX Wallet to any external wallet addresses which are not associated to any illicit activities.

Your Supported Digital Asset balances held in your MX Wallet will not earn any interest.

9.2       Fiat in your MX Wallet

Fiat deposited into your MX Wallet (see Deposits) is solely for (1) the purchase of Supported Digital Assets and/or (2) Withdrawal to an approved bank account (see Withdrawals).

Proceeds from the sale of Supported Digital Assets will be credited to your fiat MX Wallet, less any applicable fees.

In relation to monies held in trust account, we opt for interest-free current account with the bank, hence no interest will be payable to the Client.

9.3       Transaction instructions.

MX Global will process MX Wallet Transactions according to your instructions.

You accept and agree that MX Global does not:

•          guarantee the identity of any Client, receiver, or other party to a MX Wallet Transaction. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information prior to submitting transaction instructions to MX Exchange; or

•          have any control over, or any liability in relation to, the delivery, quality or any other aspect of any goods or services that you may buy from or sell to another party. MX Global shall not be responsible for, and will take no action in relation to, ensuring that any buyer or seller you transact with using your MX Wallet completes the relevant transaction or has the requisite authority to do so.

You also acknowledge and accept that:

•          Digital Asset Transactions cannot be reversed once they have been broadcasted to the relevant network facilitating the mining of such Supported Digital Asset (the “Supported Network”).

•          Supported Digital Assets associated with Digital Asset Transactions that are in a pending state will be designated accordingly, and will not be displayed in your MX Wallet balance or the Client Account or be available for the Client to conduct subsequent Digital Asset Transactions until the relevant transaction is verified by the Supported Network.

•          MX Global may refuse to process or may cancel any pending Digital Asset Transaction for any reason at its sole discretion (including but not limited to there being insufficient Fiat or Supported Digital Asset in the Client Account to settle the relevant transaction at the time of such instruction) or as required by applicable laws or any court or other regulatory authority to which MX Global is subjected to.

•          In submitting Digital Asset Transactions, the Client is trading with other Clients and is not trading directly with MX Global.

•          MX Global reserves the right to reject or cancel instructions made and/or pending during system downtime.  Certain deposit or withdrawal requests may not be processed outside of normal banking hours in Malaysia.

•          A Client may request to cancel or amend its instructions but MX Global is not obliged to accept any such request.  Instructions may be cancelled or amended only before execution, and such Client agrees that MX Global shall incur no liability in connection therewith.

•          MX Global assumes no responsibility or liability to the Client in connection with such Client’s use or attempt to use the MX Wallet, including where the Client attempts to send and/or receive digital currencies such as the Supported Digital Assets via the Digital Asset Transactions; and

•          In the event of suspension or outage, Client agrees to transfer Supported Digital Asset in the Client’s MX Waller to another external wallet.

9.4       Receiving Digital Asset

You may receive Supported Digital Asset into your MX Wallet by providing the sender with a receiving address generated in your MX Wallet.

Your MX Wallet will only be credited with Supported Digital Asset sent to a receiving address generated through your MX Wallet and associated with that Supported Digital Asset. For example, your MX Wallet will be credited with ETH when it is sent to an ETH receiving address generated through your MX Wallet.

9.5       Funds received in error

In the event you know, suspect, or should reasonably know or suspect, that any fiat or digital asset has been credited to your MX Wallet (or to any bank account) in error, you must immediately notify MX Global of the error by submitting a ticket through the Support Page    in our website.

You accept and agree that you have no claim or entitlement to any fiat or digital asset received in error, and must immediately return such funds in accordance with the instructions received from MX Global.

10.     DEPOSITS

10.1     Deposit Requirements

Where your identity has been verified (in accordance with the Identity Verification requirements), you may deposit fiat into your MX Wallet by depositing funds into a MX Exchange bank account, held with a Malaysia bank (a “Deposit”).

Details of the MX Global bank account into which you must make the Deposit will be provided to you by MX Global, and any such bank account will be held and operated by a trustee.

As part of our deposit requirements, you must strictly adhere to the following:

•          you can only make a Deposit from a bank account in Malaysia via bank transfer held in your own name. You must not allow any third party to make a Deposit on your behalf into MX’s bank account; and

•          you must not use any other methods other than specified below (the “Rejected Deposit”). MX Exchange reserves the right to refuse any Rejected Deposit.

•          you must not use any other methods other than specified below(the “Rejected Deposit”). Mx Exchange reserves the right to refuse ang Rejected Deposit

•          you are only permitted to register one (1) beneficiary bank account only at any point of time.

•          you may request to add the new beneficiary account for Mx Global to perform KYC/Beneficiary check prior approval. Once a request for  change in beneficiary bank account is approved, the old beneficiary bank account listed will be automatically removed.

•          Only bank accounts maintained with banks in Malaysia are allowed. Tou can only add Bank accounts that are registered under your own name.

 

10.2     Allocation of Deposits

When you request to make a Deposit through your MX Wallet in our website, you are required to upload proof of bank deposit (the “Deposit Proof”). To permit timely and successful allocation of a Deposit to your MX Wallet, you must ensure the Deposit Proof is uploaded correctly and successfully with clear information on the amount, date and time of deposit.

MX Global will not be responsible for any delay in or non-allocation of Deposits to your MX Wallet where you fail to correctly and successfully upload the Deposit Proof.

Deposits may take time to reflect in your MX Wallet due to bank processing times, operational processes, and/or failure by you to adhere to the Deposit Requirements. Under no circumstances will MX Global have any liability to you in relation to any delay of a Deposit reflecting in your MX Wallet.

MX Exchange will make all reasonable efforts to allocate Deposits that do not meet the Deposit Requirements by transferring the Rejected Deposits to your registered bank account upon getting your consent and after deducting all the relevant charges.   However, any Deposits less than the withdrawal fee shall not be returned.

Any of your Rejected Deposits that cannot be allocated due to whatsoever reasons, shall be retained by MX Global, until you claim it. MX Global shall take the necessary measures to ensure you are the rightful owner of the Rejected Deposit.

10.3   Rejected Deposit

MX only accepts deposit of funds from client’s own account with a local bank. Hence, the funds MX receives via the transaction methods shown in the table below will not be reflected in your MX account.

Subsequently, you will be contacted by MX for the refund to be issued based on the Refund Process shown in the table below.

 

No

Transaction Methods

Refund Process

i)

a foreign bank account; or

MX will contact the you via email, asking you to provide the originating bank account details & copy of the NRIC of the depositor in order for tNo Transaction Methods Refund Process

i) a foreign bank account; or

  MX will contact the you via email, asking you to provide the originating bank account details & copy of the NRIC of the depositor in order for the funds to be refunded to the originating bank account.

ii)a local bank account not owned by you; or

iii) other bank-in methods including but not limited to cheque, cash deposit etc.

  MX will contact the you via email, asking you to provide their bank account details along with the original deposit/bank-in slip so that the funds can be refunded to the bank account provided after the original deposit/bank-in slip has been checked and verified.

he funds to be refunded to the originating bank account.

ii)

a local bank account not owned by you; or

iii)

other bank-in methods including but not limited to cheque, cash deposit etc.

MX will contact the you via email, asking you to provide their bank account details along with the original deposit/bank-in slip so that the funds can be refunded to the bank account provided after the original deposit/bank-in slip has been checked and verified.

 

The funds received via the transaction methods shown in the table above will only be refunded back to the originating bank account and for any unclaimed funds will be lodged and transferred to the Registrar of Unclaimed Moneys after 3 months.

11.       WITHDRAWALS

11.1     Where you have added your bank account details to your MX Account, you may withdraw funds from your MX Wallet to your bank account (a “Withdrawal”). MX Global will process Withdrawals in accordance with your instructions.

You are solely responsible for ensuring that any Withdrawal instructions provided to MX Global, including the relevant bank account number, are complete and correct and you accept and agree that under no circumstances will MX Global be under any obligation to reverse or amend any Withdrawal.

MX Global will make all reasonable efforts to process Withdrawals each business day, but you accept and agree that MX Global provides no guarantee in relation to the Withdrawal processing period.

In relation to withdrawal of Digital Assets, there will be a processing duration to facilitate the withdrawal request.

11.2     Withdrawals to the bank account of any third party are expressly prohibited.

You agree not to make, or attempt to make, any Withdrawal of funds from your MX Wallet to the bank account of a third party and accept that any such Withdrawal may be refused and/or result in the restriction, suspension or termination of your MX Account.

12.       THE MX EXCHANGE

12.1     The MX Exchange is an order book exchange platform for digital asset that is intended for use by customers with experience in and/or knowledge of similar platforms. Any person using the MX Exchange does so entirely at their own risk.

In accessing and/or using the MX Exchange for any purpose, you agree and accept that:

•          all trades executed on the MX Exchange are executed automatically, based on the parameters of your order instructions, and cannot be reversed. In the case of technical issues affecting MX Exchange’s internal systems, MX Global may, where possible and in its sole discretion, take steps to reverse or otherwise amend a trade;  

•          all trading on the MX Exchange is subject to MX Global’s fee structure, as posted on our website. By using the MX Exchange, you accept and agree to all applicable fees; and

•          MX Global makes no guarantee that the MX Exchange will be available without interruption; that there will be no delays, failures, errors, omissions or loss of transmitted information; or that any order will be executed, accepted, recorded, or remain open.

MX Global may, at any time and in our sole discretion, refuse any trade, impose limits on the trade amount permitted, or impose any other conditions or restrictions upon your use of the MX Exchange that we deem necessary. We may, for example, limit the number of open orders that you may establish or restrict trades from certain locations. MX Global reserves the right to take such action without prior notice.

13.      FEES

13.1     The fees applicable to transactions undertaken on the MX Global can be viewed under Fees & Charges on our website. MX Global reserves the right to change our fees at any time and will update the Fees & Charges page accordingly.

14.      ACCOUNT SECURITY

14.1     MX Global takes security very seriously and the measures we have in place to protect your MX Account. However, you are solely responsible for:

•          maintaining adequate security and control over your MX Account sign-in details, including but not limited to any passwords, or any other login credentials associated with your MX Account;

•          enabling any additional security features available to you, including the activation of two factor authentication on your MX account;   

•          keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security (see Electronic Communications; and

•          maintaining security and control over the email mailbox, phone number and two-factor authentication applications or devices associated with your MX Account.

Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your MX Account and the loss or theft of any digital asset and/or Fiat balances held in your MX Wallet or any linked bank account(s). MX Global shall have no liability to you for or in connection with any unauthorised access to your MX Account, where such unauthorised access was due to no fault of MX Global, and/or any failure by you to act upon any notice or alert that we send to you.

The security of your MX Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. MX Global strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks. You should immediately notify MX Global about any unusual, suspicious, unclear or abnormal changes in relation to your MX Account, or any unauthorized use of your MX Account, or any security breaches in relation to your MX Account.

Care should be taken in reviewing messages purporting to originate from MX Global and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your MX Account through our website to review any transactions or required actions.

To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your MX Account and accept all risks of any unauthorised or authorised access to your MX Account.

            14.2     Private keys

MX Global along with the Business Wallet service provider of the Exchange and the appointed independent trustee securely stores all Supported Digital Asset private keys (“Private Keys”) associated with any MX Account. You accept and agree that MX Global shall retain full ownership and control of the Private Keys associated with your MX Account and that you shall have no control of, access to, or the ability to use, such Private Keys. For example, but without limiting the generality of the foregoing, MX Global will not:

•          accept or adhere to any instruction to sign any data with a Private Key;

•          give access to any funds associated with your private keys, other than those of the Supported Digital Asset associated with your digital asset wallet;

•          allow the creation of any receiving addresses associated with a Private Key other than the receiving addresses created through your MX Wallet. MX Global will not credit to your MX Wallet any digital asset associated with a Private Key other than where such funds have been received via a receiving address generated through your MX Wallet.

15.     SERVICE AVAILABILITY

15.1     While we will do everything, we can to provide continuous operations, MX Global does not provide any warranty in relation to the availability of our website or your MX Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to our website or your MX Account and make no representation that our website, MX Global API, your MX Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.

15.2     Although we intend to provide accurate and timely information on the website, the website may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.

15.3     In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable laws, be changed or updated from time to time without notice to you, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.

16.     TRANSACTIONS ON DIGITAL ASSET NETWORKS

16.1     When you use your MX Account to send or receive digital asset, the transaction must be confirmed and recorded in the public ledger associated with the relevant digital asset network (e.g. the Bitcoin network or the Ethereum network). That digital asset network is solely responsible for verifying and confirming any such transactions. MX Global cannot confirm, cancel or reverse transactions on a digital asset network, other than confirming to you that the network has completed the transaction. You accept and agree that:

•          Once submitted to a digital asset network, a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your MX Wallet balance    or be available to you to conduct transactions;

•          When you send digital asset from your MX Account, you are authorising us to submit your transaction request to the relevant digital asset network. Once a transaction request has been submitted to the relevant digital asset network, the network will automatically complete or reject the request and neither you nor MX Global will be able to cancel or otherwise modify your transaction; and

•          Digital Asset networks are operated by decentralised networks of independent third parties. They are not owned, controlled or operated by MX Global so we cannot ensure that any transaction details you submit will be confirmed by the relevant digital asset network. You agree that any transaction details you submit may not be completed, or may be substantially delayed, by the digital asset network used to process the transaction.

16.2     Network protocols and operating rules

The underlying software protocols that govern the operation of the Supported Digital Assets are open source. Accordingly, anyone can use, copy, modify, and distribute them and MX Global has no ownership of or control over these protocols. By using our website, you accept and agree that:

•          MX Global is not responsible for the operation of any digital asset network’s underlying software protocols and makes no guarantee as to their availability, security, or functionality;

•          the underlying software protocols are subject to sudden changes in operating rules (known as “forks”), and that such forks may materially affect the value, function, and/or name of any digital asset you store in your MX Account. Should a fork occur, MX Global may, with or without notice to you, temporarily suspend our operations and, in our sole discretion, decide whether or not to support either branch of the forked protocol entirely; and

•          in the event MX Global decides not to support a branch of a forked protocol, you will not be given access to the assets on that fork. Those assets will be securely held by MX Global and we will not buy or sell them.

17.     ACCOUNT INACTIVITY

17.1     Your account will become dormant once our system shows no record of any use of your MX account within 12 months periods. Your access to the account will be block and to re-activate your dormant account, you will be asked to furnish information and documentation in order for us to verify your identity.

17.2.    Fiat deposited into your MX Wallet may only be used for the purchase of Supported Digital Assets and/or Withdrawal to an approved bank account (see The MX Wallet). You must not use your MX Wallet for the purpose of storing Fiat.   

Should we have reasonable grounds on which to suspect you are using your MX Wallet primarily for the purpose of storing Fiat, MX Global reserves the right to restrict, suspend or terminate your MX Account. 

17.3     Unclaimed property

In the event any funds are held in your MX Wallet(s) and MX Global has no record of any use of your MX Account for seven years, and we are unable to contact you, the law may require us to report and deliver such funds to the relevant authorities as unclaimed property.

To the extent permitted by applicable law, MX Global reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds. 

18.      CLOSURE OF YOUR ACCOUNT

18.1     You acknowledge and agree that:

•          MX Global may, at its sole discretion, close its Client Account at any time;

•          You may close your MX Account, by submitting a closure request via the Support page on our website;

•          the Client is responsible for any fees, costs, expenses, charges or obligations (including, but not limited to, legal and court fees or transfer costs of fiat currency) associated with closing its Client Account;

•          if the Outstanding Amounts and/or the Client Account closing costs exceed the balance in the Client Account, such Client will be responsible for reimbursing MX Global, with such costs to be paid in full. For clarity, MX Global reserves the right to refuse to close the relevant Client Account in such circumstances. 

When MX Global initiates the MX Account closure, MX Global shall notify the Client to transfer the digital asset balance into digital asset wallet held outside MX Exchange and to perform a fiat withdrawal request within 30 days. After the given period and if there is still no response from the Client, the registered account shall be unilaterally closed.

The undrawnasset/proceeds of the account tha has been terminated will be kept within the exchange for 2 years period. After the 2 years period, the unclaimed asset shall be liquidated and surrendered to the Registrar of Unclaimed Moneys, in accordance with the provisions of the Malaysia Unclaimed Money Act 1965.    

Similarly, if you request to close your MX Account, you must transfer the digital asset balance into digital asset wallet held outside MX Exchange and to perform a fiat withdrawal request within 30 days from the date the request to close was approved. This approval shall be null and void if you failed to zeroised your MX Account within the stipulated time. You are required to re-submit new request to close your account.

You accept and acknowledge that, once your MX Account is closed:

•          you will have no further access to it;

•          MX Global will be under no obligation to notify you of, or provide to you, any digital asset sent to any receiving address associated with your MX Account; and

•          MX Global reserves the right (but has no obligation) to delete all of your information and account data stored on our servers, and also reserves the right to retain any information that is required for legal or operational reasons.

You accept and agree that MX Global shall not be liable to you or any third party in relation to the closure of your MX Account, the termination of access to your MX Account, or for the deletion of your information or MX Account data.

19.      RESTRICTION, SUSPENSION AND TERMINATION

19.1     MX Global reserves the right to restrict, suspend or terminate your MX   Account where:

    we reasonably suspect your MX Account to be the subject of an operational error or other error, in which case we may be required to suspend access to your account until such time as the error is rectified;

·         we reasonably believe that we need to do so in order to protect our reputation, integrity or smooth operation of the Platform;

·         we reasonably suspect that your MX Account has been or is being used for any unlawful, fraudulent or prohibited activity under any laws, regulations or guidelines, or in breach of this Terms and Conditions;

·         we reasonably suspect that you have conducted or your MX Account has been used to conduct market manipulating activities that disrupt the fair play in the marketplace;

·         we reasonably suspect you or your MX Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;

·         we reasonably suspect you of taking any action that MX Global considers to be a circumvention of MX Global’s controls, including but not limited to opening multiple MX Accounts or abusing promotions which we may offer from time to time;

·         we reasonably suspect your involvement in any attempt to gain unauthorised access to any other MX Account;

·         your MX Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider that there is a heightened risk of legal or regulatory non-compliance associated with your MX Account;

·         your MX Account is dormant for a period in excess of 12 months;

·         we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority or required by any applicable laws or regulations;

·         your name appears on a government or international body sanctions list; or

·         such suspension is deemed appropriate by us at our sole discretion.

19.2     In the event that the Digital Asset Services or your Client Account, is restricted, terminated or suspended by us due to reasons stated in Clause 19.1 or fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to: the Capital Market and Services Act 2007, Financial Services Act 2013, Islamic Financial Services Act 2013, AntiMoney Laundering, AntiTerrorism Financing and Proceeds of Unlawful Activities Act 2001 or any regulation and/or guidelines made thereunder):

·         we shall not be under any obligation to refund you the whole or any part of any fees paid or payable by you;

·         you are not entitled to any compensation or indemnification for loss of rights, goodwill or otherwise, as a result of the termination in accordance with these Terms and Conditions; and

·         any and all of your liabilities to us that have accrued before the effective date of the suspension, termination or cancellation shall survive even after the suspension, restriction or termination.

19.3     Notwithstanding Clause 19.1 above, in the event that we reasonably suspect that you pose a high risk of financial crimes, including financing of terrorism and proliferation financing, we reserve the right to:

·         freeze your funds or block your transaction (where applicable);

·         reject your transaction, if the transaction has not commenced; and

·         execute the necessary actions in compliance with the relevant laws, regulations and guidelines.

19.4     The freezing of funds or accounts shall remain in effect until we can get confirmation with documentary evidence that:

·         you have been delisted by the sanctions list which caused the freezing of your funds or accounts; or

·         your funds or accounts have been inadvertently affected by virtue of you having the same or similar name with a designated person.

19.5     We shall not be obliged to refund the available balance (if any) in your MX Account until and unless clearance has been obtained from the relevant authorities, if applicable.

19.6     We will endeavour to up-lift the suspension of your MX Account as soon as reasonably practicable once the reasons for refusal and/or suspension no longer exist. However, in the event that your order or transaction is not completed due to your MX account being suspended, we are under no obligation to allow you to reinstate the order or transaction at the same price or on the same terms as the suspended, reversed or cancelled order or transaction.

19.7     You will be notified via e-mail if your MX Account has either been suspended or terminated. We may suspend, restrict, or terminate your use of or access to the Website / Platform and/or deactivate or cancel your MX Account, as we deem fit without providing to you any reason whatsoever. You acknowledge that our decision to take certain actions, including limiting access to suspension, restriction or termination of your MX Account, may be based on confidential criteria that are essential for the purposes of our risk management, security protocols or compliance to the relevant laws, regulations and guidelines. You agree that we are under no obligation to disclose the details of such risk management and security protocols to you.

19.8     Upon the invocation of suspension of your MX Account, your access to the MX Exchange will be blocked and all your pending order or transaction shall immediately be cancelled. You will no longer be able to make or execute any order or transaction through the Platform and we shall not be liable to you for any losses, damages or costs arising from such suspension.

19.9     Upon the invocation of termination of your MX Account, you will be given 30 days to withdraw all your available balance in MX account and your pending order or transaction shall immediately be cancelled. You will no longer be able to make or execute any order or transaction through the Platform. Once the 30 days period lapsed, your access to the Platform will be blocked and we shall not be liable to you for any losses, damages or costs arising from such termination.

20.      MARKET INTEGRITY PROVISION

20.1     Trading Operations

•          MX Global discloses information about its market structure, order types and the interactions of the order types, if any, on the platform.

•         MX Global has adequate arrangements and processes as is reasonable to deter manipulative activities on the platform and ensure proper execution of trades.

•         MX Global has adequate arrangements and processes as is reasonable to manage excessive volatility of its platform (i.e: circuit breaker mechanism).

•         MX Global has adequate arrangements and processes as is reasonable to manage error trades caused by any technical fault of the system.

•         MX Global has adequate arrangements and processes as is reasonable to manage systems error, failure or malfunction.

•         MX Global has adequate arrangements and processes as is reasonable to manage Clients’ assets in the event of any suspension or outages of the platform, including transfer or withdrawal procedures.

20.2     Market Transparency

•         MX Global ensures trading information, both pre-trade and post-trade, is made publicly available on a real-time basis.

•          MX Global makes available in a comprehensible manner and on a timely basis, material information or changes to the tradable Supported Digital Assets.

21.      USE OF MX GLOBAL API

21.1     This section applies to any use of MX Global’s Application Programming Interface and any associated documentation or materials (together, the “MX Global API”).

MX Global is currently prohibiting the use the exchange’s APIs by any of its Clients until further notice.

22.     FINANCIAL ADVICE

22.1     Under no circumstances does any information contained on our website, or provided to you through your MX Account or by any employee, agent or affiliate of MX Global, constitute financial, investment or other professional advice.

You are solely responsible for any decision to store, buy or sell digital asset, and such decision should take into account your risk tolerance and financial circumstances.

For more information on the risks involved, see Risks   and the Self-Declared Risk Acknowledgment on our website. You should consult your legal or tax professional in relation to your specific situation.

23.     TAXES

23.1     You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you carry out through your MX Account, and for withholding, collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities.

24.      PROHIBITED ACTIVITIES

24.1     You must not use your MX Account to undertake any of the activities or categories of activity set out in this section (each a “Prohibited Activity”):

•          violation of any laws, statutes, ordinance or regulations (including but not limited to the Guidelines on Recognized Markets issued by the Securities Commission of Malaysia);

•          conducting market manipulation activities, including but not limited to:

o    execution of the transaction is inconsistent with the recent trading activity in the marketplace, taking into account prevailing market conditions;

o    non-bona fide orders placed is for the purpose of generating unnecessary volatility or creating a condition in which prices do not or will not reflect fair market values intended to mislead other Clients;

o    orders are initially placed in multiple price tiers on one side of the orderbook and having them switched to the other side of the orderbook;

o    execution of transaction is likely to coincide with or influence the calculation of circuit breaker prices and settlement prices;

o    execution of the transaction involves the placing of multiple buy orders and sell orders at various prices higher or lower than the market price, or the placing of buy and sell orders that give the appearance of increased volume;

o    involvement of several individuals/parties who are connected or associated with each other in the transactions made, not limiting to events like “Money Pass”, “Wash Sales” or “Collusion”;

o    placement of orders which has been pre-arranged (or discussed with another Client(s)) for the purpose of creating an artificial price or other disruptive, fraudulent, non-competitive, or unfair impact on the marketplace; or

o    execution of transactions that is responsible for any unusual price movement on one side of the orderbook and then to have execution of transactions in the reverse direction of the orderbook to capitalize on the price movement in several loops.

•          undertaking, facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking;

•          unmannerly activity, including but not limited to:

o    imposing an unreasonable or disproportionately large load on MX Global’s infrastructure, or otherwise taking any action that may negatively affect the performance of our website or MX Global’s reputation;

o    attempting to gain unauthorised access to our website or any MX Account;

o    transmitting or uploading any material to our website that contains viruses, Trojan horses, worms, or any other harmful programmes; or

o    transferring your MX Account access or rights to your MX Account to a third party, unless as required by law or with MX Global’s prior consent.

•          paying in to or otherwise supporting pyramid schemes, Ponzi schemes, matrix programmes, “get rich quick” schemes, multi-level marketing programmes or high-yield investment programmes;

•          fraudulent activity, including but not limited to taking any actions that defraud MX Global or a MX Global customer, or the provision of any false, inaccurate, or misleading information to MX Global;

•          transactions involving items that may help facilitate or enable illegal activity; promote or facilitate hate, violence or racial intolerance, are considered obscene, or may be stolen goods or the proceeds of crime;

•          transactions involving TOR    markets, online gambling sites or mixers;

•          sale or purchase of narcotics or controlled substances; or

•          intellectual property infringement.

24.2     By opening a MX Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity.

Unless you have obtained the prior written approval of MX Global, you accept and agree that you will not use your MX Account to conduct or operate any of the following business activities or categories of activity:

•          money services, including but not limited to money or digital asset transmission, currency or digital asset exchange or dealing, payment service providers, e-money or any other financial services business;

•          gambling or gaming services;

•          charitable or religious / spiritual organisations;

•          consumer lending services, including but not limited to secured and unsecured loans, cash advances; or

•          investment funds, asset management, or brokerage services.

We reserve the right to restrict, suspend or terminate your MX Account if we suspect, in our sole discretion, that you are using, or have used, your MX Account in association with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of MX Global.

25.      RESTRICTED ACCESS AND ACTIVITIES

25.1     Our website and the Digital Asset Services are not directed at or intended for distribution to any person who is not a citizen of Malaysia where the use of our website and/or Services would be contrary to applicable law or regulation or would subject MX Global to any registration or licensing requirement in Malaysia. Persons who wish to access our website are required to inform themselves about and to observe any legal or regulatory restrictions which may affect their eligibility to access our website and/or use the Digital Asset Services. Professional advice should be sought from a financial or other professional adviser regarding the suitability of any investments.

26.      DISCLAIMER OF WARRANTIES

26.1     Our website, your MX Account and any related products or services are offered on a strictly “as-is” and “where-available” basis and MX Global expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, our website, your MX Account, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.

27.     LIMITATION OF LIABILITY

27.1     In no event shall MX Global or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of our website and/or your MX Account, including without limitation any damages caused by or resulting from any reliance upon any information received from MX Global, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to MX Global’s records, programmes or services.

In no event will any liability of MX Global or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of our website or your MX Account.

28.      INDEMNITY

28.1     To the maximum extent permitted by law, you agree to indemnify MX Global or any other affiliates (including their respective directors, members, employees or agents) against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of or conduct in relation to our website and/or your MX Account, or from your violation of this Terms and Conditions.

28.2     The Client shall cooperate with and assist MX Global in connection with any investigation, examination or enquiry by any government or regulatory entity.  The Client shall promptly provide MX Global with any documents, certification, record or other records it may request in connection with such investigation, examination or enquiry.

29.      DISPUTES

29.1     We reserve the right, with or without prior notice to you, to take any one or more of the following actions in the event that you are in breach (or we have reasonable cause to believe that you are in breach) of your use of MX Global or any provision under this Terms and Conditions, or we have reasonable grounds or suspicion that you are using MX Global or any of its features or promotions in a manner contrary to its intended purpose or is deceased, declared bankrupt, insolvent or enter into liquidation or found to be in default of your debt obligation with any licensed bank by a court of Malaysia or elsewhere:-

•          We may decline to perform or allow a transaction to be performed or completed.

•          We may reverse the transactions which have been performed or completed. 

•          We may suspend and/or terminate your MX Global account, MX Global Wallet and the Digital Asset Services.

•          We may levy a fee or claim damages or other losses from you. 

•          We may report the transaction to relevant authorities or law enforcement agencies.

•          We may deal with any such trustee, administrator, executive or representative of the courts as in our sole discretion deem fit.

•          We may take such other action as we may deem necessary or commensurate with the nature or extent of the breach, abuse or misuse.

30.     RESOLUTION OF DISPUTE

30.1     If you discover any error or discrepancy in your account, you must contact us within three (3) days from the date of the disputed transaction, failing which you shall be deemed to have accepted the accuracy of your transaction. In the event that it is revealed in the course of our investigation that the disputed transaction was indeed made in error by us, we will refund the disputed sum accordingly.

30.2     You hereby agree and consent to the use by MX Global and/or its employees, personnel and advisors of any information related to you, the particulars of the transaction(s) or any designated account relating to the transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the disputed transaction(s) and that this consent shall survive the termination of the service and/or this agreement. You further agree that in the event of a dispute or claim of any nature arising in respect of any transaction, the records of the transaction(s) generated by us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.

30.3     In the event of a complaint, please set out the cause of your complaint. We will acknowledge receipt of your complaint if you contact us via our Customer Support webpage. A Customer Service officer will consider your complaint. Within two (2) working days   of our receipt of your complaint, the Officer will address all points raised in your complaint by sending you feedback or to request for additional time to resolve the complaint in no longer than 14 days. 

30.4     If you remain unsatisfied with our response, you may refer the disputes to Securities Commissions by contacting the Consumer and Investor Office as follows:

                Consumer & Investor Office

                Securities Commission Malaysia

                No 3 Persiaran Bukit Kiara

                Bukit Kiara

                50490 Kuala Lumpur.

                Tel: (603) 6204 8999

                Fax: (603) 6204 8991

                E-mail: aduan@seccom.com.my  

            Operating hours: Monday to Friday (other than public holidays)

9.00 am to 6.00pm (local time)

31.      REFUND

31.1     If you require a refund for any transaction carried out pursuant to the services, you may contact us by email us at support@mx.exchange. Refund shall be initiated and is subjected to our determining to our satisfaction that your money was wrongly deducted from your account for payment by us due to:

•          technical error of MX Global where your attempted transaction does not go through; or

•          wrong amount of Fiat was debited from your account.

31.2     The refund shall be done within a month from the date the claim is made by you.

31.3     We reserve our right not to refund any disputed amount to you if we believe you acted in contrary to this Term and Conditions.

32.      INTELECTUAL PROPERTY RIGHTS

32.1     The website and the Digital Asset Services are proprietary to MX Global.

32.2     Except as set out in this Agreement, each Client agrees not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from or store MX Global (or any portion thereof, including MX Global source code or data or other information provided via MX Global) without MX Global’s express prior written consent.

32.3     MX Global hereby grants each Client a non-assignable and non-exclusive personal, revocable, royalty-free licence to use MX Global and the Digital Asset Services only in Malaysia and to access data and other informational content through MX Global in accordance with this Agreement.

32.4     MX Global and its trademarks and logos (whether registered or unregistered) (the “Marks”) are proprietary Marks licensed to MX Global and protected by applicable trademark laws. Nothing contained in this Agreement should be construed as granting any licence to or right to use any of the Marks displayed here to a Client without MX Global’s express written consent. 

33.     LINKS TO THIRD PARTY MATERIALS AND WEBSITES

33.1     In accessing MX Global or receiving the Digital Asset Services, the Client may view content (including links to third party websites) (collectively “Additional Content”) provided by parties other than MX Global (“Third Parties”).

33.2     MX Global does not control or endorse any Additional Content and is not liable for any loss or damage suffered or incurred by a Client in relation to any act or omission of such Client arising out of or in connection with any Additional Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.

33.3     Each Client’s dealings or correspondence with a Third party are solely between that Client and the relevant Third Party.  MX Global is not responsible and excludes all liability for any loss or damage suffered or incurred by a Client arising out of or in connection with such dealings. 

33.4     Each Client acknowledges and agrees that its use of any Additional Content is at its own risk.

34.     MISCELLANEOUS

34.1     Entire agreement.

This Terms and Conditions constitute the entire agreement and understanding between you and MX Global with respect to their subject matter and supersede any and all prior discussions, agreements and understandings of any kind between you and MX Global (including but not limited to any prior versions of this Terms and Conditions).

34.2     Severability.

If any provision of this Terms and Conditions, as amended from time to time, is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Terms and Conditions but the legality, validity and enforceability of the other provisions in this Terms and Conditions shall not be affected and everything else in this Terms and Conditions will continue in full force and effect.

34.3     Assignment.

You may not assign or transfer any of your rights or obligations under this Terms and Conditions without MX Global’s prior written approval. You give MX Global your approval to assign or transfer this Terms and Conditions in whole or in part, including but not limited to: (i) a subsidiary or affiliate; (ii) an acquirer of MX Global’s equity, business or assets; or (iii) a successor by merger.

34.4     Change of control

In the event that MX Global is acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

34.5     Force Majeure

MX Global shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.

34.6     Survival

All provisions of this Terms and Conditions that by their nature extend beyond the expiry or termination of this Terms and Conditions, including but not limited to, sections relating to the suspension or termination of your MX Account, use of our website, disputes with MX Global and general provisions, shall survive the termination of this Terms and Conditions.

34.7     Headings

Section headings in this Terms and Conditions are for convenience only, and shall not govern the meaning or interpretation of any provision of this Terms and Conditions.

34.8     English language controls

Notwithstanding any other provision of this Terms and Conditions, any translation is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretation in the English language. Any translation provided may not accurately represent the information in the original English.

 

 

 

Compliance

As a Recognized Market Operator – Digital Asset Exchange (RMO-DAX), MX Global is governed by the Security Commission Malaysia (SC) and is required to have in place processes to monitor anti-money laundering, counter terrorism financing and counter proliferation financing requirements, including having adequate investor on-boarding arrangements and processes.

In complying to the above, the Company is being guided by the following document issued by the SC.

a)    Guidelines on Prevention of Money Laundering and Terrorism Financing for Capital Market Intermediaries (Guidelines) are issued pursuant to section 83 and section 66E of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA) and section 158(1) of the Securities Commission Act 1993; and

b)    Guidelines on Implementation of Targeted Financial Sanctions Relating to Proliferation Financing for Capital Market Intermediaries issued under section 158 and section 160A of the Securities Commission Malaysia Act 1993 (SCMA); and

Non-compliance with any of the provisions in these Guidelines will subject the reporting institution to take action under the AMLA, Capital Markets and Services Act 2007 (CMSA) or any other relevant provisions under the laws of which these Guidelines are subject to.

MX Global is committed to implement and maintain the highest standards of Know Your Customer (KYC) and Anti Money Laundering & Counter Financing of Terrorism compliance and requires management and employees to adhere to these standards to prevent abuse of MX Global products and services for money laundering and terrorist financing purposes.

In pursuing its commitment to assist in the detection, prevention, and reporting of money laundering / terrorism financing activities, MX Global shall be guided by the following principles:

·         MX Global shall know its customers by obtaining satisfactory evidence of their identity and having effective procedures to verify the authenticity of the information furnished by new customers.

·         MX Global shall ensure that its business is conducted in conformity with high ethical standards, that laws and regulations are adhered to, and that service is not provided where there is good reason to believe that transactions are associated with money laundering / terrorism financing activities.

·         Subject to the legal constraints relating to customer confidentiality, MX Global shall cooperate fully with law enforcement agencies by, among others, taking appropriate measures allowed by law if there are reasonable grounds for suspecting money laundering / terrorism financing activities.

·         MX Global shall adopt policies consistent with the principles set out in this policy, and ensure that its staff, wherever located, are informed of    these policies and adequately trained in matters covered herein.

·         MX Global shall implement specific procedures for customer identification, record keeping and retention of transaction documents and reporting  of covered and suspicious transactions.

By applying for and using MX Global, you agree to the above and agree to provide such information as may be required arising from the above.

 

Limitation of Liability

 

THIS WEBSITE, THE CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON “AS IS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NEITHER WE NOR OUR AFFILIATES OR SERVICE PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATIONS, LOSS OF REVENUES OR DATA, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THIS WEBSITE, CONTENT, PRODUCTS OR SERVICES OR THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU BUT ONLY TO SUCH EXTENT.

 

You agree to defend, indemnify and hold us, our affiliates, employees, directors, representatives and service providers, and each of our or their respective officers, directors, agents, joint ventures, employees and representatives, harmless from any claim or demand (including attorneys’ fees, damages, costs, fines, fees or penalties suffered by US, arising out of or related to:

 

1. Breach by You of the Terms and Conditions; or
2. Your use of this website, content, products or services; or
3. Any violation by you of any law, rule, regulation, or the rights of any third party.

Self-Declared Risk Acknowledgement

 

1.       IMPORTANT NOTICE

1.1     All clients should make every effort to read and understand this Self-Declared Risk Acknowledgement (“Statement”) set forth herein. MX Global Sdn Bhd (“MX Global”) recommends that all clients to seek their own professional advice to assist in the comprehensive understanding of this Statement and your rights (including the extent of these) and obligations arising there from.

1.2     MX Global reserves the right to change this Statement at any time and at any parts without prior notice. In the event that any changes are made, the revised Statement shall be immediately posted on MX Website(s). You must regularly check this Statement to inform yourself of any changes.

1.3     By using MX Website(s), you will be deemed to have accepted the risks set forth herein.

 

2.       RISK DISCLOSURES  

2.1     TRADING ON DIGITAL ASSET

2.1.1 Digital asset is not a legal tender and it is not backed by the Malaysia Government (the “Government”). Accounts and value balances are not subject to any Government backed deposit insurance or any other Government protection.

2.1.2 Any loss resulting from the investors trading or investment through the recognized market is not covered by the Capital Market Compensation Fund.

2.1.3 MX Global ’s Supported Cryptocurrencies are not backed by any entity. This means that you have no right of recourse against an issuing entity. It also means that neither MX Global nor anyone else has an obligation to buy back your cryptocurrency in the future.

2.1.4 Digital asset transactions sent from your MX Global Wallet are not reversible. This means that you may not be able to recover the Digital Asset if:

i)        you send digital asset to an incorrect address;

ii)       you send the incorrect amount; or

iii)      cryptocurrency transactions made fraudulently from your account.

MX Global cannot be held liable for executing a transaction if the instruction relates to an incorrect address or information.

2.1.5 The volatility and unpredictability of the price of digital asset relative to fiat currency may result in significant loss or tax liability over a short period of time.

2.1.6 Legislative and regulatory changes or actions at the state or international level may adversely affect the use, transfer, exchange, and value of digital asset.

2.1.7 Digital asset is derived from the continued willingness of market participants to exchange fiat currency for digital asset, which may result in the potential for permanent and total loss of value, should the market for digital asset disappear.

2.1.8 There is no assurance that a person who accepts a digital asset as payment today will continue to do so in the future.

2.1.9 The nature of digital asset may lead to an increased risk of fraud or cyber-attack. Keeping your account secure from these types of attacks is your responsibilities.

2.1.10 The nature of digital asset means that any technological difficulties experienced by a service provider may prevent the access or use of your digital asset.

 

2.2     WEBSITE/SERVICE/EXCHANGE

2.2.1 This Website and the Services are not directed at or intended for distribution to any person who is not a Malaysian citizen and the use of the Website and or Services would be contrary to applicable law or regulation.

2.2.2 By accessing this Website, you shall observe and continue to observe any legal or regulatory restrictions which may affect your eligibility to access, use the Website and/or receive the Services.

2.2.3 The trades executed on this Website are binding and cannot be cancelled or reversed unless the trades executed arise from trading error within the Exchange or system error or malfunctions.

2.2.4 MX Global may suspend your account at any time at its sole and absolute discretion for reasons including but not limited to breach or suspected breach of Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA), suspicious transactions, violations of our Terms and Conditions and violations of law.

2.2.5 All contents contained in the Website and/or Services are provided for informational purposes only. No part of the Website and/or Services is intended to constitute advice (financial or otherwise), and the Website and/or Services should not be relied upon when making any decisions or taking any action of any kind.

2.2.6 You have fully evaluated and understand the Supported Cryptocurrency risks and by your own sole and absolute discretion you decided to buy the Supported Cryptocurrency.

2.2.7 The Website/Service is provided without warranty of any kind and MX Global does not guarantee the site will be fully functional at all time.

2.2.8 When investing in the Supported Cryptocurrency, to the extent permitted by law MX Global specifically disclaims any implied warranties, merchantability, fitness for a particular purpose and/or non-infringement in respect of the Website, Services and/or content and it together with its officers, directors, employees and representatives accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages or loss or revenues profits or data arising from your purchase/ trade of the Supported Cryptocurrency and/or use of the Website and/or Services or any information contained in it, and you use the Website and/or Services at your own risk

                           

3.            ACKNOWLEDGEMENT 

3.1     I acknowledge that this Statement is not intended to be exhaustive and there may be other risk factors which I should take into account prior to investing in digital assets.

3.2     I acknowledge and accept the website may be unavailable at unspecified times due to various circumstances and that MX Global will not be liable for any losses during down time of the system.

3.3     I have carefully read, clearly understood and accepted the risks and the Terms and Conditions stated herein when dealing with Supported Cryptocurrency on MX Global Website and/or accessing or using the products and services offered by MX Global and acknowledge that statement this shall be effective and binding upon myself.

Complaints Handling and Dispute Resolutions

Below are the channels/modes for the client to lodge a complaint, grievance and dispute:

 

MX Global Sdn Bhd

CHANNELS

DESCRIPTION

Electronic

Complaints form

At Support section on MX Global Website https://mx.exchange/support/ 

 

Social Media

Facebook https://www.facebook.com/mxglobalmalaysia/

 

Telegram

https://t.me/joinchat/FSjFIBCGt2hFe4JkGWv8Rg

 

Email

support@mx.exchange

 

Non-Electronic

Telephone Call

+603-7732 1870

 

Mail/Letter

Support @ MX Global Sdn Bhd

MX Global Sdn Bhd

Level 23A, Tower N,

No.8, Jalan Damansara PJU 8,

Empire City,
47820 Petaling Jaya, Selangor

 

Securities Commission of Malaysia

Further, given that the MX Global Sdn Bhd is one of the capital market players Recognized Market Operators – Digital Asset Exchange (RMO-DAX) regulated by the Securities Commission of Malaysia, the complainant may also channelled and lodged to the SC Consumer & Investor Office via email, hotline, facsimile and ordinary mail as stated in the SC’s website.

·         Email: aduan@seccom.com.my;

·         Facsimile: (603) 6204 8991; or

·         Ordinary Mail/Courier:

Consumer & Investor Office Securities Commission Malaysia : No 3, Persiaran Bukit Kiara Bukit Kiara, 50490 Kuala Lumpur.

 

Malaysian Anti-Corruption Commission (MACC)

Or else, pursuant to the Whistle-blower Protection Act 2010, if Client wishes to make a disclosure or report of improper conduct by any Director pursuant to the Act, the employee has to make the said disclosure of improper conduct to the Malaysian Anti-Corruption Commission (MACC). Any investigations and/or actions taken thereafter would be made in accordance with the Act.