Last Revised: July 3th, 2018
PLEASE READ DELTARELAY USER AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU ARE AGREEING TO ENTER INTO A LEGALLY BINDING CONTRACT WITH DELTARELAY.
DeltaRelay User Agreement (hereinafter referred to as "Agreement") is a contract between you (“user” and collectively with others using the platform “users”) and DeltaRelay.com (“we,” “us,” “our,” and “DeltaRelay”). All terms of services in this Agreement affect your legal rights and obligations. If you do not agree to be bound by this User Agreement, you must not access or use any of the services.
In the event of any violation of the Agreement, we reserve the right to suspend or terminate your access to DeltaRelay Services. We may also file a suspicious transaction report (STR) if we know or has reasons to suspect that the user, user’s funds or assets, or transactions conducted or attempted by their user (client) may involve potential money laundering or terrorist financing related criminal activity, regardless of the amount involved. For any user who is suspected of violating relevant laws and regulations, DeltaRelay has the right to freeze the user's accounts and all assets, and transfer them to government authorities as required by law.
DeltaRelay reserves the right to change or modify the following terms and conditions contained in this Agreement, including but not limited to any policy or guideline of the DeltaRelay website located at DeltaRelay.com, the DeltaRelay API, and/or any associated DeltaRelay-hosted websites or mobile applications (collectively, the "Site") at any time and at its sole discretion. We will update our Agreement regularly and provide notice of these changes. Any changes or modifications will be effective immediately. The updated Agreement will then replace the previous version upon publishing the revisions on the site. Users may access to the latest agreement at any time.
I. Content and Release of the Agreement
1.1. The contents of this agreement include the main body of the agreement and all valid amendments, supplements, and announcements that DeltaRelay has released or may release from time to time. All of them constitute an integral part of this Agreement and shall have the same legal effect as the Agreement. Except as otherwise officially stated, all DeltaRelay services are bound by the terms of this Agreement.
1.2. You should carefully read all the contents of the agreement before using DeltaRelay services. If you have any questions regarding this Agreement or the use of the Site, please contact DeltaRelay directly by submitting a ticket or sending an email at support@DeltaRelay.com. Regardless of whether you have read the Agreement, by using any services made available through the Site, you agree to be bound by this Agreement and affirm that you are of legal age to enter into this Agreement where you live and have the legal capacity to enter into this Agreement. You do not have the right to claim that the Agreement is invalid or require revocation because you did not read the Agreement or you did not receive any response from DeltaRelay to your consultation.
1.3. You are committed to accept and comply with this Agreement. DeltaRelay reserves the right to change or modify the terms and conditions contained in this Agreement. We will provide notices of these changes by posting official announcements on DeltaRelay.com. We will not inform users individually. Any changes or modifications will be effective immediately upon publishing the revisions to the Site. These changes will apply at that instant to all the current and subsequent uses of the Site. If you do not agree with such changes or modifications, you should stop using DeltaRelay Services immediately. Your continued use of this Site acts as acceptance of the last revised Agreement with its updated changes and modifications.
2.1. Eligibility and Prohibition of Using our Services
You must verify that you are not a US Citizen or Resident since DeltaRelay is currently not available for American users.
By accessing or using DeltaRelay Services, you represent and warrant that you have full capacity for civil rights and civil conduct. The users can be natural persons, legal entities or other organizations. You also represent and warrant that you are not on any terrorist organizations and terrorist activities personnel lists, such as the United Nations Security Council terrorist organizations and terrorist activities personnel List, nor restricted or prohibited from engaging in any type of trading platforms by the People's Bank Of China (PBOC), as well as other administrative law enforcement agencies. If you do not have the above qualifications, you and your guardian shall bear all the consequences arising therefrom, and DeltaRelay reserves the rights to cancel or permanently suspend your account and claim against you and your guardian.
2.2. The Purpose of Using DeltaRelay Services
You represent and warrant that your use of our Services is for the purpose of conducting any illegal or criminal activities nor for the purpose of breaching or disordering DeltaRelay’s digital assets transactions.
2.3. Wallet Security
You are responsible for the custody and confidentiality of your digital assets wallet (e.d., MataMask) password, and you are responsible for all activities (including but not limited to information disclosure, posting, online click consent or submission of various requests) that occur under that login and password. DeltaRelay will not be responsible for any losses of any kind whatsoever related to your use of DeltaRelay. You must proceed with caution and are solely at your own risk.
You agree to:
(1) immediately notify DeltaRelay if any person has unauthorized use of your personal digital wallet or any other breach of confidentiality, and accept all risks of unauthorized access.
(2) ensure that you strictly comply with the site/service security, certification, transactions, deposit, withdrawal mechanism or process.
(3) make sure you leave the site/service in the correct way at the end of each trading period. As a decentralized exchange, DeltaRelay shall not and will not be liable for any loss whatsoever arising from your failure to comply with this Section. It is reasonable for you to understand that DeltaRelay takes action on your request but is not responsible for any consequences (including but not limited to any loss) that you have incurred before taking action.
III. DeltaRelay Services
3.1. Description of Services
DeltaRelay provides an online decentralized Ethereum-based tokens trading platform for users to conduct trading. We offer users with a convenient way to trade ETH and many ERC-20 tokens. DeltaRelay.com as the platform provider is not a buyer or seller in these trades. By using our Services, users can create trading orders, inquire blockchain asset price and trading information, conclude the transaction, and make a deal on the Site. DeltaRelay may make other ancillary services available to Users to facilitate the exchange of tokens like lending, limit orders, and stop orders. You are welcome to attend all events and activities organized by us, as well as to use other information and technical services. Our services do not provide users with the ability to trade one form of legal tender for another form of legal tender.
3.2. Service Fee
In consideration for the use of the Services, you acknowledge and understand that all costs, including but not limited to tax payable, internet-accessing costs, internet-connected devices, purchases on hardware and software, etc., shall be at your own cost and responsibility. Unlike the centralized exchanges, there will be no withdrawal or deposit fees when trading on DeltaRelay, nor does DeltaRelay charge transaction fee, or otherwise cited as “platform fee”, or “trading fee”.
3.3. Rules and Acceptable Use
3.3.1. When accessing or using DeltaRelay Services, you acknowledge and consent that it is your sole responsibility to comply with applicable laws and regulations, DeltaRelay's terms and agreements, and other relevant provisions. You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort and that you are solely responsible for your conduct and for reporting and paying any taxes arising from your use of the Services. You acknowledge that your use of DeltaRelay will not endanger national security or disclose state secrets. You shall not violate the national community and the legitimate rights and interests of citizens. For any legal consequences caused by your violation of the terms and commitments, DeltaRelay assumes no responsibility and you shall ensure that DeltaRelay will not bear any losses.
You understand and consent that if DeltaRelay suspects you or others of using your information in furtherance of illegal activity, DeltaRelay may be required to provide your information to government agencies as required by law.
3.3.2. You agree you will not use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying DeltaRelay Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner. If a dispute happens between you and another user(s) when using the Services, DeltaRelay has the right to make a judgment in its sole discretion.
3.3.3. You agree that you will not copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the content or any other part of the Services or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Site or Content as part of other web site or any other work of authorship without the prior written permission of DeltaRelay. In addition, you will not use any devices, software, callable routines, web crawler, scraper or other automated means or interface not provided by us to access and intervene our Services or to extract data. It is also prohibited for you to take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information.
3.3.4. You acknowledge and consent that DeltaRelay has the right to determine whether you have violated any of these terms in the Agreement, in our sole discretion. We may terminate your access to the Services based our sole discretion, immediately and without prior notice. If DeltaRelay suspects your use of our Services involves illegal activity according to law or any regulatory terms, we have the right to publicize the detail of your violations, as well as the measures adopted by us.
3.3.5. DeltaRelay reserves the right to determine whether your use of our Services (include any direct and indirect effects that may have happened as the result of your previous action), has violated any terms of the Agreement. You agree to indemnify, defend and hold DeltaRelay, its affiliates and service providers, and each of their respective officers, directors, agents, employees, and representatives, harmless from any claim or demand (including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to: (a) your breach of these Terms, (b) your use of Services, or (c) your violation of any law, rule, or regulation, or the rights of any third party.
3.4. Change of Service, Suspension, Termination
When special circumstances arise, DeltaRelay reserves the rights to revise the Service Content and may suspend or terminate our Services.
3.4.1. Change of Service
We reserve the right to revise our Service ContentS and other policies and announcements published by DeltaRelay, at any time and in our sole discretion. We will update our Agreement regularly and provide notice of these changes on DeltaRelay.com. Any changes or modifications will be effective immediately when the revision is posted. Your continued use of this Site acts as acceptance of such changes or modifications. If you do not agree to the terms in effect when you access or use the Site, you must stop using the Site and all DeltaRelay Services. We encourage you to review the Agreements frequently to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
3.4.2. Suspension and Termination
DeltaRelay may terminate this Agreement and all DeltaRelay Services in accordance with this Agreement or suspend your right to use the Site at any time and without prior notice, for any or no reason, including if DeltaRelay believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. This Agreement will expire when all DeltaRelay Services are terminated. After the expiration of this Agreement, DeltaRelay is no longer obligated delivery any processed or unprocessed information or the user(s) or any other third parties. You also have no right to request DeltaRelay to provide any services or to fulfill any obligations. If you breach any of the terms, you will continue to be held responsible and accountable after the Agreement expires.
IV. Trading Rules
You acknowledge and agree that by accessing and using DeltaRelay Services, you comply with all terms mentioned in the Agreement when making any transactions or orders, including but not limited to review exchange information; make deposits and withdrawals; submit an order; check transactions, and cancel an order. You also agree to follow DeltaRelay's digital asset trading rules:
4.1 Browsing transaction information: When you browse the digital asset transaction information on DeltaRelay, you should carefully read all the contents contained in the transaction information before trading, including but not limited to the digital asset price, commission and fees.
4.2 Deposit and Withdrawal: you understand and agree that although DeltaRelay does not charge any deposit or withdrawal fees, it is your responsibility to cover the gas fee (Ethereum network fee). This is for the cost of executing transactions on the Ethereum network. These transaction fees will be deducted from your wallet.
4.3. Transaction records: You can view your corresponding transaction records in your trading history.
V.User Rights and Licenses
DeltaRelay grants you a limited, non-exclusive, nontransferable license, subject to these Terms, to access and use the DeltaRelay website and Services, solely for approved purposes as permitted by DeltaRelay. Any other use of the Services or Content is expressly prohibited. All other rights in the Platform or Content are reserved by us. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the DeltaRelay’s content.
5.1 You have the right to obtain the blockchain asset information from DeltaRelay. DeltaRelay and its users may provide third party content on the Site. DeltaRelay does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and consent that DeltaRelay is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge and consent that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.
5.2. If you encounter any technical difficulty on our platform, you can submit a ticket in the Help Center under "Support". Our customer service team will assist you as soon as possible. Please understand that it might take some time to solve your problem. For other personal reasons due to improper use, we will not guarantee to help you recover your assets.
5.3. Unless otherwise specified, DeltaRelay shall not guarantee the accuracy, completeness, reliability of any content, including but not limited to, advertising from the Site in any manner from the Site; DeltaRelay is not responsible for any products, services, information or materials purchased or obtained by the user according to the content information on this website. The user bears the risk of using the content of this website.
5.4 You have the right to make comments and suggestions in regard to DeltaRelay services, and DeltaRelay will take your suggestions into serious consideration. If your feedback is involved with violent words, insulting verbal abuse, rumors, and defamation, once discovered, DeltaRelay has the right to clarify the relevant false text and we retain the right to further pursue legal action.
5.5 You may not use the trademarks, emblems and service marks contained in this website in any way without the prior written consent of DeltaRelay, and you may not copy, reproduce, and store the information and materials contained in DeltaRelay in the retrieval system, Transmit, distribute or carry out other infringement. Please strictly abide by the relevant laws and regulations, do not publish any illegal content on DeltaRelay.
5.6. A third party authorized by DeltaRelay or a third party that you agree with DeltaRelay shall have the right to accept your dispute with another user for any transaction based on your irrevocable authorization and to have sole discretion to determine the facts relating to the dispute and Rules, and then make a decision to deal with, including but not limited to adjust the transaction status of the relevant order, direct the third party to pay the company or customer service will be all or part of the payment to the transaction party or both. You should make up for the loss of DeltaRelay and its affiliates, otherwise, DeltaRelay and its affiliates reserve the rights to directly offset your interest in other contracts and to continue to recover. You understand and agree that a third party authorized by DeltaRelay or a third party that you agree to with DeltaRelay is not a judicial authority and can only identify the evidence as an ordinary person, or a third party authorized by DeltaRelay or DeltaRelay or you agree with DeltaRelay Third party to the dispute is entirely based on your irrevocable mediation, it cannot guarantee that the outcome of the dispute in line with your expectations, nor on the dispute mediation conclusions bear any responsibility.
VI. Limitation of Liability and Disclaimer
You acknowledge and consent that you agree not to hold DeltaRelay accountable for any related losses resulted from the following circumstances (including but not limited to), whether or not such loss or damage can be reasonably foreseen by DeltaRelay and whether or not DeltaRelay has previously been advised of the possibility of such loss or damage:
6.1. DeltaRelay suspects your transaction relates to a prohibited use as stated in our Terms.
6.2. DeltaRelay suspects your transaction involves money laundering, terrorist financing, fraud, or any other type of crime.
6.3. Your misunderstanding of DeltaRelay services.
6.4. DeltaRelay, as an "online service provider", does not guarantee that the information and services can fully meet the needs of users. DeltaRelay does not assume legal liability for errors, insults, defamation, omission, obscenity, pornography, or blasphemy that our users may encounter while using DeltaRelay services.
6.4.1. Based on the special nature of the Internet, DeltaRelay does not guarantee that the service will not be interrupted, and the timeliness of the service and security are also not guaranteed, and DeltaRelay does not bear the responsibility which is not caused by us.
6.4.2. DeltaRelay may provide some links to other sites. These links are only for your convenience and learning purposes, DeltaRelay does not guarantee the authenticity, effectiveness, legitimacy of the sites.
6.4.3. DeltaRelay strives to enable users to securely access and use our site; however, we do not guarantee that the site or its servers are free of viruses or other potentially harmful factors. Hence, the user should use the industry's recognized software to check and kill any virus in the files downloaded from DeltaRelay.
6.5. DeltaRelay is not responsible for any damage incurred during your transaction, including but not limited to profit or loss on your business activities, business interruption, loss due to the market violation, data loss, loss of reputation or goodwill.
6.6. DeltaRelay shall not be liable for (a) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; or (b) any loss or damage arising from any event beyond our reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction, or any other cause beyond our reasonable control.
6.7. All DeltaRelay announcements and notifications will be delivered through a formal page announcement on DeltaRelay.cpm. DeltaRelay assumes no legal responsibility for any winning, discount activities or information which are delivered not by above channels.
6.8. DeltaRelay aims to ensure that the platform operates all-year-round. But we cannot guarantee the DDoS attack, the server vendor to suspend the service, the network provider to suspend service or other force majeure and other reasons the site cannot be accessed, the trading hall cannot be a single order, withdrawal orders, pending orders have not been a normal transaction, Recharge to mention a long time not credited to the account and so on. For the above reasons, resulting in loss of user assets, DeltaRelay does not assume any responsibility.
6.9. The guarantees and undertakings of DeltaRelay as set forth in this Agreement are the sole warranties and representations made by DeltaRelay in respect of the services provided by this Agreement. All such warranties and representations represent the commitment and warranty of DeltaRelay itself and do not guarantee that any third party will comply with the warranties and undertakings in this Agreement. DeltaRelay does not waive any rights not covered by this Agreement to the extent that the law applies to DeltaRelay, which reserves the rights to waive or cancel the liability of DeltaRelay damage.
7.2. When you visit the DeltaRelay website, use DeltaRelay Services, or use third-party services which use the DeltaRelay application programming interface ("API"), we collect information sent to us through your computer, mobile phone, or other access devices. This information may include service usage information such as your IP address, device information including but not limited to, identity information, device name and type, operating system, location, mobile network information, and standard web log information including but not limited to date and time, your browser type, traffic to and from our site, and the pages you accessed on our website. This information may be directly obtained by DeltaRelay or through third party services. This service usage data helps us our systems to ensure that our interface is accessible for users across all platforms and can aid during criminal investigations. This information may also include transaction information such as wallet balances, trade history, open orders and order history. When access or use DeltaRelay Services, you must be at least 18 years old. DeltaRelay does not intentionally collect information from or about any individual who is under 13 years old.
VIII. Risk Disclosure Statement
You acknowledge and consent that:
8.1. Trading of digital assets involves high investment risks. You should have a full understanding of investing in digital assets, and should carefully consider your own investment ability and be prudent in your decisions.
8.2. DeltaRelay is committed to providing you with safe, compliant, and reputable Services. We strictly prevent money laundering and terrorism financing. We will report suspect transaction(s) according to relevant laws and regulations.
8.3. You acknowledge and consent that you shall access and use the Services at your own risk.
The final interpretation of this agreement belongs to DeltaRelay.
Last Revised: July 3th, 2018