Qmall is the next generation cryptocurrency exchange

Terms of use

01 These Terms of Use contain an electronic agreement between you (hereinafter the “User”) and UAB Qmall and its affiliates (hereinafter the “Qmall”) regulating the terms and conditions of the User's use of this website and all services, products and content provided by Qmall.
02 These Terms of Use contain important provisions, which the User must consider carefully and understand when choosing whether to visit the Site and use the services, products and content of Qmall. Please read these Terms of Use carefully before agreeing to them.
03 References in these Terms of Use to 'Qmall', 'we', 'our' or 'us', are to the company Qmall, including but not limited to, its employees, directors, officers, agents or other related parties, third parties, whose content is offered on this website and/or in Qmall Software, depending on the context, and references to “User”, 'you' or 'your' are to the person with whom Qmall enters into the electronic agreement, unless otherwise provided herein.
04 The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of Qmall.
05 By signing up to use an account through Qmall or any of our associated websites, APIs, or mobile applications(collectively the 'Qmall Software') and/or by using Qmall Software, you agree that you have read, understood, and accept all of the terms and conditions contained in these Terms of Use, as well as our Privacy Policy and our anti money laundering policies and procedures. The User has to read and to understand the entire Terms of Use carefully before each using the Site and/or any of the Services provided by Qmall.
06 IF THE USER DOES NOT ACCEPT AND/OR UNDERSTANDS THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF Qmall SOFTWARE, SERVICES, PRODUCTS AND CONTENT.
07 You should be aware that the risk of loss in trading or holding Digital Currencies can be high. Digital currency services are not currently regulated in most countries (by financial authorities or any other regulator). You should therefore carefully consider whether trading or holding Digital currencies is suitable for you in light of your financial condition and possible risks.

II. DEFINITIONS

Terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:
Account: means an account registered by the User on the Platform and/or on the Qmall Software.
Affiliate: means a legal entity and/or individual which has legal relations with Qmall being its partner/provider.
“Base Currency” means the currency pair's first currency.
Buyer: means the User who makes an Order to buy Cryptocurrencies through the Platform (Qmall Software) and/or the User whose Order is accepted by the Seller depending on the context.
Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc).
Cryptocurrency: means peer-to-peer decentralized digital representation of value (bitcoins, ethers, etc.).
Deposit: means a Transaction involving transfer of Funds to the Account.
External Wallet: means a Cryptocurrency or Fiat wallet that is not part of the Qmall platform (Qmall software) but which can be indicated on the Qmall platform (Qmall software).
Fiat currency: means government-issued currency, which is regulated in its country of issuance through government regulation or law.
Fiat currency storage service: means Qmall, which includes storing of balances in Fiat currency on External Wallets of Users serving by the Holder.
Order: means the User’s offer on the Qmall platform (Qmall Software) to buy or sell Cryptocurrency on certain conditions.
Platform: means an appropriate environment (including software) created by Qmall that allows to Trade Cryptocurrencies.
Closing a position: Closing a position means either buying or selling of Cryptocurrency, which essentially results in reduction of client’s open position. Closing a position means bringing a transaction to an end, incurring any related profits or losses as a result.
Seller: means the User who submits an Order to sell Cryptocurrencies through the Platform (Qmall Software) and/or the User whose Order is accepted by the Buyer depending on the context.
Services: means all and any service provided by Qmall.
Website or Site: means Qmall website at https://.
Storage service: means Qmall, which includes storing of balances (in Fiat currency and/or in Cryptocurrency) from the abandoned Accounts, no longer supported cryptocurrencies.
Transaction fee: means a fee which is payable to Qmall for each completed Transaction.
Transaction Price: means the total price paid by the User in respect to each Transaction performed via the Platform (Qmall Software).
Transaction: means (i) transfer of Cryptocurrencies or Fiat currencies by the User to his/her Account (“Deposit Transaction”), including transfer of Fiat currencies to External Wallet that is not part of the Qmall platform (Qmall Software) but which is indicated on the Qmall platform (Qmall software); (ii) transfer of Cryptocurrencies, or Fiat currencies among the Users (“Trading Transaction”), including transfer of Fiat currencies to External Wallet that is not part of the Qmall platform (Qmall Software) but which is indicated on the Qmall platform (Qmall software), (iii) withdrawal of Cryptocurrencies or Fiat currencies from his/her Account (“Withdrawal Transaction”).
User: means a person or an entity that uses the Services, agrees to follow the Terms of Use and is a holder of an Account.
Voucher: means an alphanumeric redeemable Code, which can be used to transfer Cryptocurrency or between Accounts.
Withdrawal: means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or to an account opened in any other institution.
Where the context so admits words denoting the singular shall include the plural and vice versa.

III. OUR SERVICES

01 The Services allow all Users of the Platform (with limitations mentioned in these Terms of Use) to Trade Cryptocurrencies with other Users.
02 Depending on the User’s place of residence (and/or other legal facts), the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site. The User must understand that technical possibility to use the appropriate Services on the Platform (Qmall Software) doesn’t mean that such the using is legal for him/her. The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of Qmall.
03 The User acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other Users, and that Qmall acts only as a provider of technical services (the Platform and/or Qmall Software) in such Transactions, not as the counterparty to any Trade.

IV. OUR RIGHTS, RESPONSIBILITIES AND WARRANTIES

01 Qmall undertakes to provide the Services with the appropriate effort, due care and in accordance with these Terms of Use. Qmall’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the Qmall User, Qmall responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.
02 To the extent permitted by law, Qmall is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by Qmall.
03 Qmall, at its sole discretion, has the right to restrict the User's access, suspend the maintenance and operation of the Account and / or the User's access to the Account / Platform, block funds on the account balance, cancel transactions, close the account, as well as take other actions, in the manner and cases, provided by the Terms of Use.
04 Qmall is not responsible: — for the delay in the processing of payments made by the fault of any third parties, operators of such transactions. — for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our site is unavailable at any given time.
05 In the case of fraud, Qmall undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.
06 Nothing in these terms excludes or limits the responsibility of Qmall for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.
07 All buy and sell orders made on the Platform, will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The Transaction Price is calculated on the basis of actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees.
08 Qmall does not provide any financial, investment or legal advice in connection with the Services provided by Qmall. Qmall may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies and/or links to trading ideas of third parties (persons), but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User’s decision and Qmall will not be liable for any loss suffered.

V. THE USER’S RIGHTS, RESPONSIBILITIES AND WARRANTIES

01 The User has the right to enter and/or use the Site and the Services, as long as he/she agrees to and actually complies with the Terms of Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.
02 The User has to comply with any and all applicable laws and regulations related to the use of the Services.
03 The User has to monitor all and any changes on his/her Account. The User has to inform Qmall immediately about any unusual, suspicious, not sanctioned, abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Use and Qmall will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities.
04 The User agrees that, whenever the Transaction is made, the Platform sends and receives the cryptocurrencies to/from the Buyer’s and the Seller’s Accounts.
05 The User has to inform Qmall immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to address, mentioned on the Site. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by Qmall or any user of the Site.
06 The User undertakes not to use the Service to perform criminal and/or not legal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
07 The User is responsible for any and all damages caused, and all liability actions brought against Qmall for infringement of any third-party rights or violation of any applicable laws. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, penalties any other negative consequences, caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
08 Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.
09 All added payment instruments to your Account, may it be a bank account, credit card, debit card, or others must be personalized and owned by the Account holder. Any attempt otherwise will (or can) be recognized as fraud.
10 By registering an Account, the User expressly represents and warrants that he/she: follows the rules and laws in his/her country of residence and/or country from which he/she accesses this Site and Services; has accepted these Terms of Use; is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving cryptocurrencies.
11 The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorized and have the capacity to enter into the Transactions on the Platform.
12 The User represents and warrants that both currencies deposited (indicated on the Platform basing the information from External wallet) to(on) the Account belong to the User and derived from legal sources.
13 The User represents and warrants than he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, otherwise Qmall does not hold any liability for the consequences of such withdrawal. A mistake in requisite of the User’s wallet while transaction may cause the loss of appropriate currencies without any responsibility and/or coverage from Qmall.
14 The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
15 The User understands that his personal data may be shared due to legal obligations etc. It may be used according to our Privacy policy.
16 The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of Qmall Services and should be paid according to the User’s state of residence regulations. Qmall is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties. The User has to refrain from transactions on the Platform related to tax offences and/or violations.
17 Moreover the User guarantees:
• not to use any deep linking, robots, bots, web crawlers, scrapers, spiders or other automated tools or any similar or equivalent manual tools that have not been provided by Qmall to access the services or to extract data;
• not to use the services and the Platform bypassing the procedure provided for by these Terms of Use, or bypassing/exceeding the level of the User's access to the Platform; to attempt to access any area of the services, website or Platform to which the User is not authorized to access.

VI. INTELLECTUAL PROPERTY RIGHTS

01 All content on this Site is the property of Qmall and is protected by copyright, patent, Trademark and any other applicable laws, unless otherwise specified hereby.
02 The Trademarks, Trade names, service marks and logos of Qmall and others used on the Site (hereinafter the “Trademarks”) are the property of Qmall. The software, applications, text, images, graphics, data, prices, Trades, charts, graphs, video and audio materials used on this Site belong to Qmall. The Trademarks and other content on the Site may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, Trademark and any other applicable laws and could result in criminal or civil penalties.

VII. VERIFICATION

01 Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all the Transactions. If the User refuses to provide required documents and information under KYC, Qmall reserves the right to immediately terminate the Services provision to the User.
02 The User undertakes to provide Qmall with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behavior will be interpreted as a fraudulent activity.
03 The User hereby authorize Qmall to, directly or indirectly (through third parties), make any inquiries we consider it necessary to check the relevance and accuracy of the information provided for verification purposes.

VIII. ACCOUNT MAINTENANCE

01 The Site is for the User’s personal and non-commercial use only. Qmall is vigilant in maintaining the security of the Site and the Service. By registering with Qmall, the User agrees to provide Qmall with actual (up to date), accurate and complete personal information as prompted by the registration process and to keep such information updated.
02 The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.
03 The User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time, or assist others in obtaining unauthorized access.
04 Qmall reserves the right to recommend amount limits for the Account funding/withdrawal. Qmall could recommend daily, monthly and per one-transaction amount limits but is not obliged to do it.
05 The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User’s Account, Qmall may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account.
06 Creation or use of the Accounts without obtaining a prior permission from Qmall will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation and Qmall may decide to take further action against the User.

IX. TRANSACTIONS

01 The Platform allows the User to submit the Orders to buy or sell Cryptocurrencies.
02 The User recognizes that the Order should only be submitted after careful consideration and the ser understands and accepts consequences of its execution. The User agrees that as soon as the Order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Buyer's and the Seller's Orders without prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time.
03 The User acknowledges and agrees that in case the destination tag is not specified, is incorrectly indicated(in particular XRP, XLM) or the reference number is incorrectly specified, the User may lose the deposit or at least the processing speed of such requests will be made with low priority.
04 Minimum and maximum order amount vary for each trading pair and can be seen on the Trade Page when placing an Order.
05 The User acknowledges and agrees that Deposit and Withdrawal Transaction may be delayed due to some verifications and checks (performed by Qmall or appropriate third parties). Similarly, and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from their Account may take some time.
06 Unverified users are not allowed to withdraw any Cryptocurrencies from their Account.
07 The User can use Vouchers to transfer Cryptocurrencies between the Accounts (if applicable on the Platform). The Voucher should be redeemed before its expiration date set by Qmall. Qmall shall not be liable and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage arising from the User's use of the Vouchers purchased from any third parties or acquired in any other way. To avoid doubts, the User is solely responsible for ensuring that the Voucher they acquired is genuine and redeemable.
08 In case if the User discovers transaction activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the User, the User shall immediately notify Qmall of this fact and follow the instructions sent by Qmall. Otherwise, Qmall reserves the right to freeze the Account until the end of investigation.

X. TRANSACTION AND STORAGE FEE

01 The User agrees to pay Qmall the Transaction fee for each completed Transaction.
02 Prior to trading, the User must consider the Transaction fee rates published on the Fee Schedule page. However, Qmall reserves the right to change the Transaction fee rates from time to time publishing updates on the Fee Schedule page.
03 The Transaction fee amount is automatically charged off in the currency indicated on the Platform after the relevant Transaction.
04 The minimal transaction fee equals to minimal currency amount. The Transaction fee is charged with a rounding in the favor of the Platform. The rounding policy for cryptocurrencies varies depending on cryptocurrency.
05 For the purpose of the processes optimization, transactions on the Platform with regard to some items (including, but not limited to currencies, cryptocurrencies, etc.) may not be indicated at the User’s Account and will appear as soon as a unit is whole in accordance with the rounding standards.
06 Minimal and maximal price, as well as minimal and maximal order amount vary for each trading pair and can be seen on the Trade Page when placing an order.

XI. ILLEGAL TRANSACTIONS

01 Qmall reserves the right, in its sole discretion, to suspend or terminate your Qmall account at any time if we believe the use of arbitrage bots or other automated/manual tools that have not been provided by Qmall to access the services or to extract data and in cases if required by law or to comply with recommendations issued by the appropriate government or financial crime prevention authority and in any other cases stipulated in these Terms of Use. Any transaction using arbitrage bots or other automated/manual tools is an illegal transaction (illegal activity).
02 It is strictly forbidden to use the Account for any illegal purposes. Qmall will report any suspicious activity to the relevant law enforcement.
03 The User shall ensure that they do not use the Services for the transactions relating to:
money laundering, terrorist financing, proliferation of weapons of mass destruction;
human trafficking;
any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity;
any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
archeological findings;
drugs, narcotics or hallucinogens;
weapons of any kind;
illegal gambling services;
Ponzi, pyramid or any other “get rich quick” schemes;
goods that are subject to any Trade embargo;
media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
body parts or human remains;
protected animals or protected plants;
weapons or explosive materials;
or any other illegal goods, services or transactions.

XII. ACCOUNT SECURITY

01 The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including Transactions made through the Account.
02 Qmall personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the Qmall Site, should be reported to Qmall. Before each using of the Website the User has to check (ensure) that he is using a genuine website.
03 We advise to change the User’s password regularly in order to reduce the risk of a security breach in relation to the Account. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account. If the User has any security concerns concerning his/her Account, login details, (password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised), the User is advised to change the password immediately. The User must contact support service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying Qmall may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.
04 The User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. Qmall cannot be liable for the breach of an e-mail account resulting an unauthorized Transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her e-mail service provider.
05 Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
06 Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.
07 We strictly recommend to use additional authentication options of the Platform.

XIII. TERMINATION OF THE TERMS OF USE

01 The User may terminate the Terms of Use and close his Account at any time after the settlement of any pending transactions and all other obligations that arose as a result of the use of the Platform's services, including after payment of the relevant fees.
02 The User also acknowledges that Qmall, at its sole discretion, has the right to restrict the User's access, suspend the maintenance and operation of the Account and/or the User's access to the Account/Platform, block funds on the account balance, cancel transactions, close the account, if Qmall believes that there is any - any (or several) of the following circumstances: if there is a suspicion of a violation or actual violation of the Terms of Use, the Privacy Policy, the AML / CFT Policy, or any applicable laws, as well as Qmall's internal rules; in order to comply with the law; total or partial failure of the Website and/or the Platform; breach of the security of the Website and/or the Platform; detection of unusual and / or suspicious activity on the Account / unauthorized access; the account is used by a person subject to sanctions; by decision of a court or other competent authority; in connection with a government proceeding, criminal investigation or any legal process; in connection with market conditions or conditions in relation to a particular digital asset or pair, which, in the opinion of Qmall, justifies it as a necessary measure. In the event of at least one of the above circumstances, Qmall has also the right to cancel the data of the User's Account and / or impose a penalty on the entire amount of funds on the balance of the User's account.
03 Qmall also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that Qmall will not be liable to them or to any third party for termination of their Account or access to the Site.

XIV. SERVICES AVAILABILITY

01 All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
02 Qmall will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and Qmall is not liable for any disruption or loss the User may suffer as a result.
03 Thus, Qmall does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
04 Qmall will use reasonable efforts to ensure that the User can normally access the Site in accordance with the Terms of Use. Qmall may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.

XV. API

In order to ensure a stability of the Platform API requests maybe reasonably limited by Qmall at our discretion. If this limit is exceeded, it may result to the ban for reasonable time.

XVI. WIDGETS AND MOBILE APPLICATIONS

01 Qmall may provide widgets for the User’s use to put our data on the User’s Site. The User is free to use widgets in their original unmodified and unaltered state.
02 Qmall may provide mobile applications (“mobile apps”), which can be used to get an access to the Account. The use of these mobile apps is the subject to these Terms of Use.

XVII. NOTICES AND COMMUNICATION

01 Qmall reserves the right to send notices to and communicate with the User by any means of communication available to Qmall, considering the contact details provided by the User.
02 The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Use.
03 The official information channel of Qmall is the Website. The Website may contain a links to other official information channels of Qmall. Nevertheless any recommendation and/or Trade idea (even on official channel of Qmall) don’t have a status of official recommendation and/or Trade idea of Qmall.

XVIII. AML/KYC POLICY

01 Qmall Anti-Money Laundering and Know Your Customer Policy (hereinafter — the “AML/KYC Policy”) is designated to prevent and mitigate possible risks of Qmall being involved in any kind of illegal activity.
Both international and local regulations require Qmall to implement effective internal procedures and mechanisms to prevent money laundering, terrorist financing, drug and human trafficking, proliferation of weapons of mass destruction, corruption and bribery and to take action in case of any form of suspicious activity from its Users.
AML/KYC Policy covers the following matters:
Verification procedures.
Compliance Officer.
Monitoring Transactions.
Risk Assessment.
02 Verification procedures
One of the international standards for preventing illegal activity is customer due diligence (“CDD”).According to CDD, Qmall establishes its own verification procedures within the standards of anti-money laundering and “Know Your Customer” frameworks.
Identity verification
Qmall’s identity verification procedure requires the User to provide Qmall with reliable, independent source documents, data or information (e.g., national ID, international passport, bank statement, utility bill). For such purposes Qmall reserves the right to collect User’s identification information for the AML/KYC Policy purposes.
Qmall will take steps to confirm the authenticity of documents and information provided by the Users. All legal methods for double-checking identification information will be used and Qmall reserves the right to investigate certain Users who have been determined to be risky or suspicious.
Qmall reserves the right to verify User’s identity in an on-going basis, especially when their identification information has been changed or their activity seemed to be suspicious (unusual for the particular User). In addition, Qmall reserves the right to request up-to-date documents from the Users, even though they have passed identity verification in the past.
User’s identification information will be collected, stored, shared and protected strictly in accordance with the Qmall’s Privacy Policy and related regulations. Once the User’s identity has been verified, Qmall is able to remove itself from potential legal liability in a situation where its Services are used to conduct illegal activity.
03 Identity verification Qmall’s identity verification procedure requires the User to provide Qmall with reliable, independent source documents, data or information (e.g., national ID, international passport, bank statement, utility bill). For such purposes Qmall reserves the right to collect User’s identification information for the AML/KYC Policy purposes. Qmall will take steps to confirm the authenticity of documents and information provided by the Users. All legal methods for double-checking identification information will be used and Qmall reserves the right to investigate certain Users who have been determined to be risky or suspicious. Qmall reserves the right to verify User’s identity in an on-going basis, especially when their identification information has been changed or their activity seemed to be suspicious (unusual for the particular User). In addition, Qmall reserves the right to request up-to-date documents from the Users, even though they have passed identity verification in the past. User’s identification information will be collected, stored, shared and protected strictly in accordance with the Qmall’s Privacy Policy and related regulations.
04 Compliance Officer
The Compliance Officer is the person, duly authorized by Qmall, whose duty is to ensure the effective implementation and enforcement of the AML/KYC Policy. It is the Compliance Officer’s responsibility to supervise all aspects of Qmall’s anti-money laundering and counter-terrorist financing, including but not limited to:
a. Collecting Users’ identification information.
b. Establishing and updating internal policies and procedures for the completion, review, submission and retention of all reports and records required under the applicable laws and regulations.
c. Monitoring transactions and investigating any significant deviations from normal activity.
d. Implementing a records management system for appropriate storage and retrieval of documents, files, forms and logs.
e. Updating risk assessment regularly.
f. Providing law enforcement with information as required under the applicable laws and regulations.
The Compliance Officer is entitled to interact with law enforcement, which are involved in prevention of money laundering, terrorist financing and other illegal activity.
05 Monitoring Transactions
The Users are known not only by verifying their identity (who they are) but, more importantly, by analyzing their transactional patterns (what they do). Therefore, Qmall relies on data analysis as a risk-assessment and suspicion detection tool. Qmall performs a variety of compliance-related tasks, including capturing data, filtering, record-keeping, investigation management, and reporting. System functionalities include:
1) Daily check of Users against recognized “black lists” (e.g. OFAC), aggregating transfers by multiple data points, placing Users on watch and service denial lists, opening cases for investigation where needed, sending internal communications and filling out statutory reports, if applicable;
2) Case and document management.
With regard to the AML/KYC Policy, Qmall will monitor all transactions and it reserves the right to: ensure that transactions of suspicious nature are reported to the proper law enforcement through the Compliance Officer;
request the User to provide any additional information and documents in case of suspicious transactions;
suspend or terminate User’s Account when Qmall has reasonably suspicion that such User engaged in illegal activity.
The above list is not exhaustive and the Compliance Officer will monitor Users’ transactions on a day-to-day basis in order to define whether such transactions are to be reported and treated as suspicious or are to be treated as bona fide.
06 Risk Assessment
Qmall, in line with the international requirements, has adopted a risk-based approach to combating money laundering and terrorist financing. By adopting a risk-based approach, Qmall is able to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate to the identified risks. This will allow resources to be allocated in the most efficient ways. The principle is that resources should be directed in accordance with priorities so that the greatest risks receive the highest attention.

XIX. GOVERNING LAW AND DISPUTE RESOLUTION

01 These Terms of Use shall be governed by and construed in accordance with the laws of Ukraine, unless otherwise expressly provided.
02 All disputes arising out of or in connection with the present contract shall be finally settled by arbitration in accordance with the Rules of the Arbitration Court of the Ukrainian Chamber of Commerce and Industry. The Parties shall attempt to resolve all disputes relating to these Terms of Use by negotiations. If the Parties fail to resolve the disputes relating to these Terms of Use through negotiations, the dispute shall be conclusively resolved in the Arbitration Court of the Chamber of Commerce and Industry of Ukraine in Kiev (hereinafter: the Arbitration Court) in accordance with the Rules of the Arbitration Court. The dispute shall be resolved on the basis of the laws of Ukraine. The language of the Arbitration Court shall be Ukrainian. The Arbitration Court shall consist of 3 (three) members. Each Party shall appoint one arbitrator within the time period prescribed by the Council of the Arbitration Court of the Chamber of Commerce and Industry of Ukraine. Each Party shall ask the arbitrator chosen by him to appoint a third arbitrator together with the arbitrator chosen by the other Party, who shall be the chairman of the Arbitration Court in the resolution of the dispute. If the arbitrators appointed by the Parties fail to choose a third arbitrator within the time period prescribed by the Council of the Arbitration Court of the Chamber of Commerce and Industry of Ukraine, the third arbitrator who shall also be the chairman of the Arbitration Court shall be appointed by the Council of the Arbitration Court of the Chamber of Commerce and Industry. If the Parties fail to form the Arbitration Court in accordance with the provisions of these Terms of Use and the Rules of the Arbitration Court, the Arbitration Court shall be formed by the Council of the Chamber of Commerce and Industry of Ukraine. The award of the Arbitration Court shall be final and binding upon the Parties.

XX. LIMITATION OF LIABILITY

IN NO EVENT SHALL Qmall, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT Qmall IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICAL LY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL Qmall’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

Qmall will not be liable for the Transactions, initiated by the User, below the prescribed limits.

XXI. INDEMNITY

The User agrees to protect, defend, indemnify and hold harmless Qmall and its officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Qmall directly or indirectly arising from (i) the User’s use of and access to this Site or the Services found at this Site; (ii) the User’s violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of this Site or the Services found on this Site.

XXII. MODIFICATIONS AND AMENDMENTS

01 Qmall reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User's sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that Qmall shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.
02 If any part of these Terms of Use is held invalid, such invalidity will not invalidate the other provisions of these Terms of Use.

XXIII. FORCE MAJEURE

If Qmall is unable to perform the Services outlined in the Terms of Use due to the factors beyond its control including but not limited to the event of Force Majeure, change of law or change in sanctions policy, Qmall will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.

XXIV. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Qmall. Qmall assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, Qmall does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Qmall from any and all liability arising from the User's use of any third-party website. Accordingly, Qmall encourages the User to be aware when the User leaves this Site, or the Services found at this Site and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.

XXV. Terms of delisting.

01 Qmall reserves the right to exclude the Coin (Token) from the exchange if Qmall really discovers that the Initiator or the official team of the Coin (Token) has disintegrated, did not immediately respond to problems, or that information about the Coin (Token) or the identity of the Initiator is falsified. Reasons for exclusion may include: The official team is disbanded or no longer supports the Coin (Token);
02 The digital currency is weak (less than $ 1000 per day in continuous circulation based on 5 trading days) or the user does not make transactions and does not comply with the spread support conditions: the difference between the selling and buying prices of the Coin should not exceed 3% of the current price.
03 If problems with blockchain transactions or other technical problems last more than 10 days and the Initiator did not fix them;
04 If the Initiator did not fix the blockchain transaction problems or other technical problems after the third Qmall request;
05 If it is necessary to prevent and/or stop fraud, exchange manipulation, violation of securities or other laws/regulations, hacker attacks and/or if there are signs of fraud, violation of laws/regulations related to the listing/trading of coins (Token) is defined;
06 If the Initiator violates its obligations, other terms of this Agreement and/or the terms of use.
07 Qmall will send a notification 7 days before the coin is removed. All coins must be withdrawn from customer accounts within 7 days. Once Qmall closes its wallet, withdrawals will not be possible under any circumstances. In case of problems due to a non-working blockchain or wallet that does not allow Qmall to make transactions, the Initiator must independently make corrections (compensate for the damage) to its users.
08 After confirming the de-listing procedure, the Initiator's command will be immediately notified. Qmall will inform the Initiator of the time frame, including stages such as stopping trading, financing and withdrawing funds.

CONTACT US

If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account or any other matter, please, contact us via e-mail, mentioned on the Website.