- 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.
- 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.
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”).
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
- 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
- 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
- 02 The User has to comply with any and all applicable laws and regulations related to the use of the Services.
- 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.
- 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.
- 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.
- 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.
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;
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.
- 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.
- 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
- 02 It is strictly forbidden to use the Account for any illegal purposes. Qmall will report any suspicious activity to the relevant law enforcement.
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;
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;
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.
- 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.
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.
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.
- 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
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:
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.
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.
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.
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.
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
XX. LIMITATION OF LIABILITY
Qmall will not be liable for the Transactions, initiated by the User, below the prescribed limits.
XXII. MODIFICATIONS AND AMENDMENTS
XXIII. FORCE MAJEURE
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;
- 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.