Please read the terms carefully as they govern your use of GIGAMAX Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY
BINDING ARBITRATION. The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.BY MAKING USE OF GIGAMAX SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF GIGAMAX SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) GIGAMAX SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use GIGAMAX Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access GIGAMAX or utilize GIGAMAX services.
If you would like to know more about the risks associated with investing in or trading Digital Assets, you can access our General Risk Warning at https://gigamaxtrading.com/
- GIGAMAX Accounts refer to the foundational virtual accounts, including main accounts and sub-accounts, which are opened by GIGAMAX for Users to record on GIGAMAX their usage of GIGAMAX Services, transactions, asset changes and basic GIGAMAX Accounts serve as the basis for Users to enjoy and exercise their rights on GIGAMAX.
- GIGAMAX Operators refer to all parties that run GIGAMAX, including but not limited to legal persons (including GIGAMAX UAB), unincorporated organizations and teams that provide GIGAMAX Services and are responsible for such services. For convenience, unless otherwise stated, references to “GIGAMAX” and “we” in these Terms specifically mean GIGAMAX Operators. UNDER THESE TERMS, GIGAMAX OPERATORS MAY CHANGE AS GIGAMAX’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF GIGAMAX OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW GIGAMAX SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE GIGAMAX SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED GIGAMAX OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR
- GIGAMAX Services refer to various services provided to you by GIGAMAX that are based on Internet and/or blockchain technologies and offered via GIGAMAX websites, mobile applications, clients and other forms (including new ones enabled by future technological development). GIGAMAX Services include but are not limited to such GIGAMAX ecosystem components as Pool,Copy Trade,Arbitrage and ETF novel services to be provided by GIGAMAX.
- GIGAMAX Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by GIGAMAX, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service
- Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized
- Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain
- KYC refers to the “know-your-customer” process that GIGAMAX has put in place before entering into a business relationship or conducting transactions with its Users. As part of this process, GIGAMAX may do anything that it deems necessary in order to identify Users, verify their identity, scrutinize and investigate User transactions, or comply with any applicable law or
- Users refer to all individuals, institutions or organizations that access, download or use GIGAMAX or GIGAMAX Services and who meet the criteria and conditions stipulated by If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
1. About These Terms
- Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and GIGAMAX Operators.
b. Supplementary Terms
Due to the rapid development of Digital Currencies and GIGAMAX, these Terms between you and GIGAMAX Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development.
- Changes to These Terms
GIGAMAX reserves the right to change or modify these Terms in its discretion at any time. GIGAMAX will notify such changes by updating the terms on its website () and modifying the [Last revised] date displayed on this page. ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF GIGAMAX SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING GIGAMAX SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR
UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF GIGAMAX SERVICES.
- Prohibition of Use
BY ACCESSING AND USING GIGAMAX SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. GIGAMAX RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF GIGAMAX SERVICES IN CERTAIN COUNTRIES OR REGIONS.
- About GIGAMAX
As an important part of the GIGAMAX Ecosystem, GIGAMAX mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with GIGAMAX, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although GIGAMAX has been committed to maintaining the accuracy of the information provided through GIGAMAX Services, GIGAMAX cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall GIGAMAX be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about GIGAMAX Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. GIGAMAX does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on GIGAMAX or any other communication medium. All Users of GIGAMAX Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
3. GIGAMAX Account Registration and Requirements
All Users must apply for a GIGAMAX Account at (https://gigamaxtrading.com/) before using GIGAMAX Services. When you register a GIGAMAX Account, you must provide the information identified in this paragraph 3 or otherwise as requested by GIGAMAX, and
By registering to use a GIGAMAX Account, you represent and warrant that: (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using the GIGAMAX Platform or the GIGAMAX Services; (iv) you do not have an existing GIGAMAX Account; (v) you are not resident, located in or otherwise attempting to access the GIGAMAX Platform or the GIGAMAX Services from, or otherwise acting on behalf of a person or legal entity that is resident or located in, a Restricted Location. For the purposes hereof, “Restricted Location” shall include the United States, Malaysia, Ontario (Canada), and such other locations as designated by GIGAMAX Operators from time to time as a “Restricted Location” for the purposes hereof; (vi) if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity and to access and use the GIGAMAX Platform and GIGAMAX Services on behalf of such legal entity; and (vii) your use of the GIGAMAX Platform and the GIGAMAX Services will not violate any and all laws and regulations applicable to you or the legal entity on whose behalf you are acting, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that there are legal requirements in various countries which may restrict the products and services that GIGAMAX Operators can lawfully provide. Accordingly, some products and services and certain functionality within the GIGAMAX Platform may not be available or may be restricted in certain jurisdictions or regions or to certain users. You shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the GIGAMAX Platform and the GIGAMAX Services in each country from which the GIGAMAX Platform and the GIGAMAX Services are accessed by you or on your behalf. GIGAMAX Operators reserve the right to change, modify or impose additional restrictions with respect to the access to
and use of the GIGAMAX Platform and/the GIGAMAX Services from time to time at their discretion at any time without prior notification.
c. User Identity Verification
d. Account Usage Requirements
The GIGAMAX Account can only be used by the account registrant. GIGAMAX reserves the right to suspend, freeze or cancel the use of GIGAMAX Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify GIGAMAX immediately. GIGAMAX assumes no liability for any loss or damage arising from the use of GIGAMAX Account by you or any third party with or without your authorization.
e. Account Security
GIGAMAX has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for GIGAMAX Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your GIGAMAX Account and personal information.
You should be solely responsible for keeping safe of your GIGAMAX Account and password, and be responsible for all the transactions under your GIGAMAX Account. GIGAMAX assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a GIGAMAX Account, you hereby agree that:
- you will notify GIGAMAX immediately if you are aware of any unauthorized use of your GIGAMAX Account and password or any other violation of security rules;
- you will strictly abide by all mechanisms or procedures of GIGAMAX regarding security, authentication, trading, charging, and withdrawal; and
- you will take appropriate steps to logout from GIGAMAX at the end of each
- Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GIGAMAX SERVICES, GIGAMAX MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF GIGAMAX ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND GIGAMAX EXPRESSLY DISCLAIMS, AND YOU
WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, GIGAMAX DOES NOT REPRESENT OR WARRANT THAT THE SITE, GIGAMAX SERVICES OR GIGAMAX MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIGAMAX DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF GIGAMAX SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT GIGAMAX WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY GIGAMAX AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY GIGAMAX; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY GIGAMAX.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
2. Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIGAMAX, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF GIGAMAX SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF GIGAMAX SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF
GIGAMAX AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF GIGAMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF GIGAMAX’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF GIGAMAX, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF GIGAMAX AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF GIGAMAX SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO GIGAMAX UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless GIGAMAX Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, GIGAMAX Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of GIGAMAX Services. If you are obligated to indemnify GIGAMAX Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, GIGAMAX will have the right, in its sole discretion, to control any action or proceeding and to determine whether GIGAMAX wishes to settle, and if so, on what terms.
VI. Termination of Agreement
- Suspension of GIGAMAX Accounts
You agree that GIGAMAX shall have the right to immediately suspend your GIGAMAX Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to
- The GIGAMAX Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
- We detect unusual activities in the GIGAMAX Account;
- We detect unauthorized access to the GIGAMAX Account;
- We are required to do so by a court order or command by a regulatory/government
2. Cancellation of GIGAMAX Accounts
In case of any of the following events, GIGAMAX shall have the right to directly terminate these Terms by cancelling your GIGAMAX Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your GIGAMAX Account on GIGAMAX and withdraw the corresponding GIGAMAX Account thereof:
Should your GIGAMAX Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, GIGAMAX shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If GIGAMAX is informed that any Digital Assets or funds held in your GIGAMAX Account are stolen or otherwise are not lawfully possessed by you, GIGAMAX may, but has no obligation to, place an administrative hold on the affected funds and your GIGAMAX Account. If GIGAMAX does lay down an administrative hold on some or all of your funds or GIGAMAX Account, GIGAMAX may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to GIGAMAX has been provided to GIGAMAX in a form acceptable to GIGAMAX. GIGAMAX will not involve itself in any such dispute or the resolution of the dispute. You agree that GIGAMAX will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
VII. No Financial Advice
GIGAMAX is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using GIGAMAX Services. No communication or information provided to you by GIGAMAX is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. GIGAMAX does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. GIGAMAX will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by GIGAMAX.
VIII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of GIGAMAX Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. ALL USERS OF GIGAMAX SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT GIGAMAX WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. GIGAMAX maintains
a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
X. Resolving Disputes: Forum, Arbitration, Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
- Notice of Claim and Dispute Resolution Period. Please contact GIGAMAX first! GIGAMAX wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with GIGAMAX, then you should contact GIGAMAX and a ticket number will be assigned. GIGAMAX will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against GIGAMAX, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to GIGAMAX. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought,
(3) provide the original ticket number, and (4) include your GIGAMAX account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with GIGAMAX. After you have provided the Notice of Claim to GIGAMAX, the dispute referenced in the Notice of Claim may be submitted by either GIGAMAX or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to GIGAMAX for resolution internally and the delivery of a Notice of Claim to GIGAMAX are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or GIGAMAX shall not be disclosed to the arbitrator.
- Agreement to Arbitrate and Governing Law. You and GIGAMAX Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and GIGAMAX (and/or GIGAMAX Operators) arising in connection with or relating in any way to these Terms or to your relationship with GIGAMAX (and/or GIGAMAX Operators) as a user of GIGAMAX Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and GIGAMAX Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in The arbitrator must follow this agreement and can award the same damages and
relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the HKIAC Administered Arbitration Rules (HKIAC. Rules) in force when the Notice of Arbitration is submitted, as modified by this Section X. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the HKIAC Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST GIGAMAX OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY
CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the HKIAC in accordance with the HKIAC
Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with GIGAMAX is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Hong Kong. Place of Hearing: The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Hong Kong. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the HKIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona
fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
- Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your
- Independent Parties. GIGAMAX is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the
- Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of GIGAMAX Services and will supersede all prior written or oral agreements between the No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
- Interpretation and Revision. GIGAMAX reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on GIGAMAX It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of GIGAMAX Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, GIGAMAX will not be responsible for any modification or termination of GIGAMAX Services by you or any third party, or suspension or termination of your access to GIGAMAX Services.
- Language & Translations: These Terms may, at GIGAMAX’s sole and absolute discretion, be translated into a language other than the English You agree that
any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
- Force Manure. GIGAMAX will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond GIGAMAX’s reasonable
- Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent
- Assignment. You may not assign or transfer any right to use GIGAMAX Services or any of your rights or obligations under these Terms without prior written consent from GIGAMAX, including any right or obligation related to the enforcement of laws or the change of control. GIGAMAX may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or
- Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision
- Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through GIGAMAX Services, such activities and programs are provided by GIGAMAX and are not associated with Apple in any manner.
- Contact Information. For more information on GIGAMAX, you may refer to the company and license information found on GIGAMAX websites. If you have questions regarding these Terms, please feel free to contact GIGAMAX for clarification via our Customer Support team at [email protected]