Risk Disclaimer

Risk Disclaimer

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Bitenium LEGAL AND RISK DISCLAIMER

This disclaimer (together with our Terms of Use (the “ Terms”), Privacy Policy (the “ Privacy Policy”) and any other documents referred to in those documents) is given by Bitenium Co., Ltd. and sets out the risks to the customer (“ You”) associated with trading and the use of the Bitenium platform. Please read the following carefully to understand these risks. By visiting https://Bitenium.com you are accepting and consenting to the practices described in this policy.

ASSUMPTION OF RISK

  1. The trading of goods and products, real or virtual, as well as crypto-currencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, your cryptographic assets may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading using the Bitenium platform.
  2. You acknowledge and agree that whilst we will put reasonable measures in place and use reasonable efforts to ensure that this does not occur, there are risks associated with utilizing the Bitenium platform including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your personal information and other information stored with us.
  3. You acknowledge and agree that whilst we will put reasonable measures in place and use reasonable efforts to ensure that this does not occur, we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Bitenium platform, no matter how caused. We take no responsibility for and will not be liable for any losses, damages or claims arising from the use of the Bitenium platform, including, but not limited to, any losses, damages or claims arising from (i) server failure or data loss or (ii) "phishing," viruses, third-party attacks, or any other unauthorized third-party activities.
  4. It is your responsibility to determine what, if any, transactions you complete using the Bitenium platform (including without limitation any transaction undertaken in respect of the Bitenium Social Trading service), and any profit or loss you obtain therefrom. You are responsible for any sales, use, value-added or similar transfer taxes that are imposed in connection with transactions executed on the Bitenium platform. Bitenium reserves the right to collect or recover such taxes from you at any time where required or permitted by applicable law.
  5. It is your responsibility to keep your account on the Bitenium platform secure, including, without limitation being responsible for safely storing any passwords, for choosing complex and difficult to decipher passwords, to ensure inviolability of your Bitenium account.

LIMITATION OF LIABILITY

  1. Except as expressly provided to the contrary in a writing by us, the Bitenium platform is provided on an “as is” and “as available” basis. Bitenium expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Bitenium platform, including the information, content and materials contained therein.
  2. Bitenium is not liable for any breach of an obligation under the Terms where Bitenium is hindered or prevented from carrying out its obligations by any cause outside of our reasonable control. In no event shall Bitenium, its directors, shareholders, officers, members, employees, affiliates or agents be liable to you for any special, direct, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort including but not limited to negligence or otherwise, arising out of or in any way connected with the use of or inability to use the Bitenium platform, including without limitation any damages 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 acts of god, communications failure, theft, destruction or unauthorized access to the Bitenium platform, records, programs or services.
  3. Bitenium does not assume any liability for negligent or wilful misconduct of Bitenium’s directors, shareholders, officers, members, employees, affiliates or agents (or corresponding hierarchical level) and potential clients should not rely upon the Bitenium platform or information provided by the same in deciding whether or not to use the Bitenium platform. The Purchaser hereby holds harmless and indemnifies and keeps indemnified the Bitenium platform and its officers and employees from and against all liabilities, costs and damages of any kind (including, for the avoidance of doubt, all legal expenses incidental thereto) which may be incurred by any of them and all actions or proceedings which may be brought by or against them.
  4. In no event shall our aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of and/or inability to use the Bitenium platform exceed the amount of 250 USD (two hundred and fifty United States Dollars) during the 6 months immediately preceding the date of any claim giving rise to such liability.
  5. This limitation of liability is subject to the maximum liability cap set out in the Terms.

INDEMNITY

  1. You agree to defend, indemnify, and hold us harmless, and each of our officers, directors, shareholders, members, employees, agents and affiliates, from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable professional fees, arising out or relating to (i) your use of, or conduct in connection with the Bitenium platform; (b) your violation of the Terms; or (c) your violation of any rights of any other person or entity and we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

SPECIFIC RISKS ASSOCIATED WITH SOCIAL TRADING

  1. The Social Trading services provided by Bitenium are associated with various risks and you are urged to carefully read and consider the following risks before utilizing our Social Trading Features:
    1. automated trading execution whereby trades are opened and closed in your account without your manual intervention;
    2. in making a decision to copy a specific trader, account, portfolio and/or strategy, you have considered your entire financial situation including financial commitments and you understand that using Social Trading service is highly speculative and that you could sustain significant losses exceeding the amount used to copy a trader or traders;
    3. information in relation to Social Trading provided by Bitenium is provided solely for informational purposes. Bitenium and its affiliates and their employees and agents are not investment or financial advisers. IF YOU MAKE INVESTMENT DECISIONS IN RELIANCE ON INFORMATION WHICH IS AVAILABLE ON THE SITE OR AS A RESULT OF THE USE OF THE SOCIAL TRADING SERVICES, YOU DO SO AT YOUR OWN RISK AND Bitenium AND ITS AFFILIATES, THEIR EMPLOYEES AND ITS AGENTS WILL NOT BE LIABLE FOR ANY LOSSES THAT YOU MAY SUSTAIN.
    4. YOU SHOULD NOT MAKE ANY INVESTMENT DECISION WITHOUT FIRST CONDUCTING YOUR OWN RESEARCH. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, OR STRATEGY, OR ANY OTHER PRODUCT OR SERVICE IS APPROPRIATE OR SUITABLE FOR YOU BASED ON YOUR INVESTMENT OBJECTIVES AND PERSONAL AND FINANCIAL SITUATION.
    5. A copied trader's account’s, portfolio’s and/or strategy’s positions shall be copied in an amount equal to the lower of either the minimum position amount as shall be set by Bitenium from time to time or the proportional amounts of the copied trade to the realised equity of the copied trader as the basis for the proportions of copied trades. Such positions shall have the same leverage (if any), stop loss and take profit, to the maximum extent possible. Trades below the minimum trade amount shall not be opened. All such positions shall be modified and/or closed automatically if and when modified/closed by the copied trader, for whatsoever reason, without providing any further notice and without any action on your part. You should be able and prepared to bear the loss of the entire investment You made in such a copied trader. You are fully responsible for any losses You may sustain as a result of our automatic execution of instructions generated as a result of the utilizing of any of the Social Trading services.
    6. If You place additional trades in your account or You modify or cancel an order generated by a Social Trading service You may achieve a materially different result than the user that You copied. Unopened copied trades in amounts lower than the minimum trade may also result in different results. Cash-out and withdrawal by the copied trader may also generate a materially different result than the user that You copied as it may affect the copy trading proportions.
    7. Any past performance of our users, risk score, statistics and any other information with respect to users appearing on our websites and applications are not indicative of future results and should be considered as hypothetical as more fully described below. It is important to understand that risk scores, statistical information and historical performance are not a guarantee of future performance. NO REPRESENTATION OR GUARANTEE IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN AND/OR THAT A RISK SCORE OF A COPIED USER SHALL NOT IN FACT BE HIGHER. When reviewing the portfolio, financial performance information, opinions or advice of another registered user, You should not assume that the user is unbiased, independent or qualified to provide financial information or opinions. Bitenium does not guarantee any order including the placing of stop orders. Accordingly, regardless of the entry or closing designation, Bitenium does not guarantee that the trade will be filled at the order price/stop loss percentage and you may lose more than the original amount used to copy such trader.
    8. PAST PERFORMANCE AND/OR RISK SCORES SHOULD BE CONSIDERED AS HYPOTHETICAL PERFORMANCE RESULTS. HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS. NO REPRESENTATION OR GUARANTEE IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THE PAST PERFORMANCE OR RISK SCORE SHOWN. THE ACTUAL PERCENTAGE GAINS/LOSSES EXPERIENCED BY INVESTORS WILL VARY DEPENDING ON MANY FACTORS, INCLUDING BUT NOT LIMITED TO: STARTING ACCOUNT BALANCES (DEPOSITS AND WITHDRAWALS), MARKET BEHAVIOR, MINIMUM TRADE SIZE, THE INVESTOR'S ACCOUNT SETTINGS AND THE ACTUAL PERFORMANCE OF THE COPIED USER.
    9. ACCORDINGLY, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL/PAST PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
    10. NO ASPECT OF THE INFORMATION AND/OR SOCIAL TRADING FEATURE PROVIDED AND/OR MADE AVAILABLE ON OUR WEBSITES IS INTENDED TO PROVIDE, OR SHOULD BE CONSTRUED AS PROVIDING, ANY INVESTMENT, TAX OR OTHER FINANCIAL RELATED ADVICE OF ANY KIND. YOU SHOULD NOT CONSIDER ANY SUCH CONTENT AND/OR ANY SUCH FEATURE TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL AND/OR INVESTMENT ADVICE. IF YOU CHOOSE TO ENGAGE IN TRANSACTIONS BASED ON CONTENT ON THE WEBSITE AND/OR ELECT TO COPY SPECIFIC TRADERS AND/OR TRADES, THEN SUCH DECISIONS AND TRANSACTIONS AND ANY CONSEQUENCES FLOWING THEREFROM ARE YOUR SOLE RESPONSIBILITY. WHILE INDIVIDUAL PARTICIPANTS MAY OFFER INVESTMENT ADVICE OR OPINIONS AND/OR EFFECT A TRANSACTION WHICH MAY BE SUBSEQUENTLY COPIED BY OTHER TRADERS, SUCH ADVICE, OPINIONS OR TRADES AMOUNT TO NOTHING MORE THAN EXCHANGES BETWEEN PERSONS WHO MAY BE ANONYMOUS OR UNIDENTIFIABLE OR SIMPLY THE EXECUTION OF A TRADE BY SUCH TRADERS. Bitenium AND ITS AFFILIATES DO NOT PROVIDE INVESTMENT ADVICE DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY MANNER WHATSOEVER BY MAKING SUCH INFORMATION AND/OR FEATURES AVAILABLE TO YOU. YOU SHOULD USE ANY INFORMATION GATHERED FROM HERE AND/OR UTILIZE THE SOCIAL TRADING FEATURES ONLY AS A STAR