Last revised: 20 August, 2021
These COVEST Terms of Use is entered into between you
(hereinafter referred to as “you” or “your”) and COVEST
operators (as defined below). By accessing, downloading,
using or clicking on “I agree” to accept any COVEST Services
(as defined below) provided by COVEST (as defined below),
you agree that you have read, understood and accepted all of
the terms and conditions stipulated in these Terms of Use
(hereinafter referred to as “these Terms”) as well as our
Privacy Policy. In addition, when using some features of the
Services, you may be subject to specific additional terms
and conditions applicable to those features.
Please read the terms carefully as they govern your use of
COVEST Services.THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN
ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE
RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION.The terms of the arbitration provision are set forth in
Article 10, “Resolving Disputes: Forum, Arbitration, Class
Action Waiver”, hereunder. As with any asset, the values of
Digital Currencies (as defined below) may fluctuate
significantly and there is a substantial risk of economic
losses when purchasing, selling, holding or investing in
Digital Currencies and their derivatives.BY MAKING USE OF COVEST SERVICES, YOU ACKNOWLEDGE AND
AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH
TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES;
(2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF
COVEST SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND
THEIR DERIVATIVES; AND (3) COVEST SHALL NOT BE LIABLE FOR
ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use COVEST Services in
any capacity, you acknowledge that you accept and agree to
be bound by these Terms. If you do not agree, do not access
COVEST or utilize COVEST services.
I. Definitions
1. COVEST refers to an ecosystem comprising
COVEST websites (whose domain names include but are not
limited to https://covest.pro), mobile applications,
clients, applets and other applications that are developed
to offer COVEST Services, and includes independently
operated platforms, websites. In case of any inconsistency
between relevant terms of use of the above platforms and the
contents of these Terms, the respective applicable terms of
such platforms shall prevail.
2. COVEST Operators ：refer to all parties
that run COVEST, including but not limited to legal persons,
unincorporated organizations and teams that provide COVEST
Services and are responsible for such services. For
convenience, unless otherwise stated, references to “COVEST”
and “we” in these Terms specifically mean COVEST
Operators.UNDER THESE TERMS, COVEST OPERATORS MAY CHANGE AS
COVEST’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED
OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE
TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH
CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER
THESE TERMS. ADDITIONALLY, THE SCOPE OF COVEST OPERATORS
MAY BE EXPANDED DUE TO THE PROVISION OF NEW COVEST
SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE COVEST
SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY
EXECUTE THESE TERMS WITH THE NEWLY ADDED COVEST OPERATORS.
IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY
WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE
COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC
SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT
YOUR RIGHTS OR INTERESTS.
3. COVEST Services refer to various
services provided to you by COVEST that are based on
Internet and/or blockchain technologies and offered via
COVEST websites, mobile applications, clients and other
forms (including new ones enabled by future technological
development). COVEST Services include but are not limited to
such COVEST ecosystem components as Digital Asset Trading
Platforms.
4. COVEST Platform Rules refer to all
rules, interpretations, announcements, statements, letters
of consent and other contents that have been and will be
subsequently released by COVEST, as well as all regulations,
implementation rules, product process descriptions, and
announcements published in the Help Center or within
products or service processes.
5. Users refer to all individuals, institutions or
organizations that access, download or use COVEST or COVEST
Services and who meet the criteria and conditions stipulated
by COVEST. If there exist other agreements for such entities
as developers, distributors, market makers, and Digital
Currencies exchanges, such agreements shall be followed.
6. Digital Currencies refer to encrypted or
digital tokens or cryptocurrencies with a certain value that
are based on blockchain and cryptography technologies and
are issued and managed in a decentralized form.
7. Digital Assets refer to Digital
Currencies, their derivatives or other types of digitalized
assets with a certain value.
8. COVEST Accounts refer to the
foundational virtual accounts, including main accounts and
subaccounts, which are opened by COVEST for Users to record
on COVEST their usage of COVEST Services, transactions,
asset changes and basic information. COVEST Accounts serve
as the basis for Users to enjoy and exercise their rights on
COVEST.
9. Crypto-to-crypto Trading refers to spot
transactions in which one digital currency is exchanged for
another digital currency.
10. Collateral Accounts refer to special
accounts opened by Users on COVEST to deposit and withdraw
collateral (such as margins) in accordance with these Terms
(including the COVEST Contract Services Agreement and COVEST
Platform Rules), as required for contract transactions,
leveraged trading and/or currency borrowing services.
II. General Provisions
1. About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a
binding contract between you and COVEST Operators.
b. Supplementary Terms
Due to the rapid development of Digital Currencies and
COVEST, these Terms between you and COVEST Operators do not
enumerate or cover all rights and obligations of each party,
and do not guarantee full alignment with needs arising from
future development. Therefore,THE PRIVACY POLICY, COVEST PLATFORM RULES, AND ALL OTHER
AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND COVEST
ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART
OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR
USE OF COVEST SERVICES IS DEEMED YOUR ACCEPTANCE OF THE
ABOVE SUPPLEMENTARY TERMS.
c. Changes to These Terms
COVEST reserves the right to change or modify these Terms in
its discretion at any time. COVEST will notify such changes
by updating the terms on its website and modifying the [Last
revised] date displayed on this page。ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL
BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR
RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF COVEST
SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED
AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO
THESE TERMS, YOU MUST STOP USING COVEST SERVICES
IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW
THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND
CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF COVEST
SERVICES.
d. Prohibition of Use
BY ACCESSING AND USING COVEST SERVICES, YOU REPRESENT AND
WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE
EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED
NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF
SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE
OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF
THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE
U.S. DEPARTMENT OF COMMERCE. COVEST RESERVES THE RIGHT TO
CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND
MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION
OF COVEST SERVICES IN CERTAIN COUNTRIES OR
REGIONS.
2. About COVEST
As an important part of the COVEST Ecosystem, COVEST mainly
serves as a global online platform for Digital Assets
trading, and provides Users with a trading platform,
financing services, technical services and other Digital
Assets-related services. As further detailed in Article 3
below, Users must register and open an account with COVEST,
and deposit Digital Assets into their account prior to
trading. Users may, subject to the restrictions set forth in
these Terms, apply for the withdrawal of Digital Assets.
Although COVEST has been committed to maintaining the
accuracy of the information provided through COVEST
Services, COVEST cannot and does not guarantee its accuracy,
applicability, reliability, integrity, performance or
appropriateness, nor shall COVEST be liable for any loss or
damage that may be caused directly or indirectly by your use
of these contents. The information about COVEST Services may
change without notice, and the main purpose of providing
such information is to help Users make independent
decisions. COVEST does not provide investment or consulting
advice of any kind and is not responsible for the use or
interpretation of information on COVEST or any other
communication medium. All Users of COVEST Services must
understand the risks involved in Digital Assets trading and
are recommended to exercise prudence and trade responsibly
within their own capabilities.
3. COVEST Account Registration and Requirements
a. Registration
All Users must apply for a COVEST Account at
(https://covest.pro/vn/signup/index.html) before using
COVEST Services. When you register a COVEST Account, you
must provide your real name, email address and password, and
accept these Terms, the Privacy Policy, and other COVEST
Platform Rules. COVEST may refuse, in its discretion, to
open a COVEST Account for you. You agree to provide complete
and accurate information when opening a COVEST Account and
agree to timely update any information you provide to COVEST
to maintain the integrity and accuracy of the information.
Only one User can be registered at a time, but each
individual User (including any User that is a business or
legal entity) may maintain only one main account at any
given time. Institutional Users (including Users that are
businesses and other legal entities) can open one or more
subaccounts under the main account with the consent of
COVEST. For certain COVEST Services, you may be required to
set up a special account independent from your COVEST
Account, based on the provisions of these Terms or the
Supplementary Terms. The registration, use, protection, and
management of such trading accounts are equally governed by
the provisions of this article and article 6, unless
otherwise stated in these Terms or the Supplementary
Terms.
b. Eligibility
By registering to use a COVEST Account, you represent and
warrant that (i) as an individual, you are at least 18 or
are of legal age to form a binding contract under applicable
laws; (ii) as an individual, legal person, or other
organization, you have full legal capacity and sufficient
authorizations to enter into these Terms; (iii) you have not
been previously suspended or removed from using COVEST
Services; (iv) you do not currently have a COVEST Account;
(v) you are neither a United States user, a Malaysia user or
an Ontario (Canada)-based user; nor are you acting on behalf
of a United States user, a Malaysia user or an Ontario
(Canada)-based user. If you act as an employee or agent of a
legal entity, and enter into these Terms on their behalf,
you represent and warrant that you have all the necessary
rights and authorizations to bind such legal entity; (vi)
your use of COVEST Services will not violate any and all
laws and regulations applicable to you, including but not
limited to regulations on anti-money laundering,
anti-corruption, and counter-terrorist financing.
Please note that some products and services may not be
available in certain jurisdictions or regions or to certain
users. COVEST reserves the right to change, modify or impose
additional restrictions at its discretion at any time.
Futures and Derivatives Products. USDⓈ-M Futures and
Leveraged Tokens (“Futures and Derivatives Products”) will
not be available to all users of the Netherlands, Germany,
Italy, Australia and Hong Kong, and retail users of the
United Kingdom.
Crypto Tokens. FLOW will not be available to users of
Canada. Privacy tokens (XMR, ZEC, DASH, XVG, XZC, KMD, ZEN,
PIVX and GRS) will not be available to users of Australia
with PayID associated with the COVEST accounts.
c. User Identity Verification
Your registration of an account with COVEST will be deemed
your agreement to provide required personal information for
identity verification. Such information will be used to
verify Users’ identity, identify traces of money laundering,
terrorist financing, fraud, and other financial crimes
through COVEST, or for other lawful purposes stated by
COVEST. We will collect, use and share such information in
accordance with our Privacy Policy. In addition to providing
such information, you agree to allow us to keep a record of
that information during the period for which your account is
active and within five (5) years after your account is
closed, in compliance with global industry standards on data
storage. You also authorize us to conduct necessary
investigations directly or through a third party to verify
your identity or protect you and/or us from financial
crimes, such as fraud. The information we require to verify
your identity may include, but is not limited to, your name,
email address, contact information, phone number, username,
government-issued ID, date of birth, and other information
collected during account registration. When providing the
required information, you confirm it is true and accurate.
AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION
IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF
THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE
INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR
INCOMPLETE, COVEST RESERVES THE RIGHT TO SEND YOU A NOTICE
TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT
INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR
PART OF COVEST SERVICES WE PROVIDE FOR YOU. IF WE ARE
UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU
PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR
EXPENSE CAUSED TO COVEST DURING YOUR USE OF COVEST
SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE
THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS
ANY CHANGE.BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE
COVEST TO CONDUCT INVESTIGATIONS THAT COVEST CONSIDERS
NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO
VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR
COVEST FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE
NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH
INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR
PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS
AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME
PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN
FULL.
d. Account Usage Requirements
The COVEST Account can only be used by the account
registrant. COVEST reserves the right to suspend, freeze or
cancel the use of COVEST Accounts by persons other than
account registrant. If you suspect or become aware of any
unauthorized use of your username and password, you should
notify COVEST immediately. COVEST assumes no liability for
any loss or damage arising from the use of COVEST Account by
you or any third party with or without your
authorization.
e. Account Security
COVEST has been committed to maintaining the security of
User entrusted funds and has implemented industry standard
protection for COVEST Services. However, the actions of
individual Users may pose risks. You shall agree to treat
your access credentials (such as username and password) as
confidential information, and not to disclose such
information to any third party. You also agree to be solely
responsible for taking the necessary security measures to
protect your COVEST Account and personal information. You
should be solely responsible for keeping safe of your COVEST
Account and password and be responsible for all the
transactions under your COVEST Account. COVEST assumes no
liability for any loss or consequences caused by authorized
or unauthorized use of your account credentials, including
but not limited to information disclosure, information
release, consent or submission of various rules and
agreements by clicking on the website, online agreement
renewal, etc.
By creating a COVEST Account, you hereby agree that:
i. you will notify COVEST immediately if you are aware of
any unauthorized use of your COVEST Account and password
or any other violation of security rules;
ii. you will strictly abide by all mechanisms or
procedures of COVEST regarding security, authentication,
trading, charging, and withdrawal; and
iii. you will take appropriate steps to logout from COVEST
at the end of each visit.
f. Personal Data
Your personal data will be properly protected and kept
confidential, but COVEST has the right to collect, process,
use or disclose your personal data in accordance with the
Terms (including the Privacy Policy) or applicable laws.
Depending on the products or services concerned, your
personal data may be disclosed to the following third
parties:
i. your transaction counterparty;
ii. COVEST Operators, and the shareholders, partners,
investors, directors, supervisors, senior managers and
employees of such entities;
iii. our joint ventures, alliance partners and business
partners;
iv. our agents, contractors, suppliers, third-party
service providers and professional advisers, including the
parties who have been contracted to provide us with
administrative, financial, research, operations, IT and
other services, in such areas as telecommunications,
information technology, payroll, information processing,
training, market research, storage and archival;
v. third-party business partners who provide goods and
services or sponsor contests or other promotional
activities, whether or not in cooperation with us;
vi. insurance companies or insurance investigators and
credit providers;
vii. credit bureaus, or any debt collection agencies or
dispute resolution centers in the event of violation or
dispute;
viii. business partners, investors, trustees or assignees
(actual or expected) that promote business asset
transactions (which can be broadened to include any
merger, acquisition or asset sale) of COVEST Operators;
ix. professional consultants such as auditors and
lawyers;
x. relevant government regulatory agencies or law
enforcement agencies to comply with laws or regulations
formulated by government authorities;
xi. assignees of our rights and obligations;
xii. banks, credit card companies and their respective
service providers;
xiii. persons with your consent as determined by you or
the applicable contract.
III. COVEST Services
Upon completion of the registration and identity
verification for your COVEST Account, you may use various
COVEST Services, including but not limited to,
Crypto-to-crypto Trading, leveraged trading, acquiring
market-related data, research and other information released
by COVEST, participating in User activities held by COVEST,
etc., in accordance with the provisions of these Terms
(including COVEST Platform Rules and other individual
agreements). COVEST has the right to:
1. Provide, modify or terminate, in its discretion, any
COVEST Services based on its development plan; and
2. Allow or prohibit some Users’ use of any COVEST
Services in accordance with relevant COVEST Platform
Rules.
1. Service Usage Guidelines
a. License
Provided that you constantly comply with the express terms
and conditions stated in these Terms, COVEST grants you a
revocable, limited, royalty-free, non-exclusive,
non-transferable, and non-sublicensable license to access
and use COVEST Services through your computer or Internet
compatible devices for your personal/internal purposes. You
are prohibited to use COVEST Services for resale or
commercial purposes, including transactions on behalf of
other persons or entities. All the above actions are
expressly prohibited and constitute a material violation of
these Terms. The content layout, format, function and access
rights regarding COVEST Services should be stipulated in the
discretion of COVEST. COVEST reserves all rights not
expressly granted in these Terms. Therefore, you are hereby
prohibited from using COVEST Services in any way not
expressly authorized by these Terms.
These Terms only grant a limited license to access and use
COVEST Services. Therefore, you hereby agree that when you
use COVEST Services, COVEST does not transfer COVEST
Services or the ownership or intellectual property rights of
any COVEST intellectual property to you or anyone else. All
the text, graphics, user interfaces, visual interface,
photos, sounds, process flow diagrams, computer code
(including html code), programs, software, products,
information and documents, as well as the design, structure,
selection, coordination, expression, look and feel, and
layout of any content included in the services or provided
through COVEST Services, are exclusively owned, controlled
and/or licensed by COVEST Operators or its members, parent
companies, licensors or affiliates.
COVEST owns any feedback, suggestions, ideas, or other
information or materials (hereinafter collectively referred
to as “Feedback”) about COVEST or COVEST Services that you
provide through email, COVEST Services, or other ways. You
hereby transfer all rights, ownership and interests of the
Feedback and all related intellectual property rights to
COVEST. You have no right and hereby waive any request for
acknowledgment or compensation based on any Feedback, or any
modifications based on any Feedback.
b. Restriction
When you use COVEST Services, you agree and undertake to
comply with the following provisions:
i. During the use of COVEST Services, all activities you
carry out should comply with the requirements of
applicable laws and regulations, these Terms, and various
guidelines of COVEST;
ii. Your use of COVEST Services should not violate public
interests, public morals, or the legitimate interests of
others, including any actions that would interfere with,
disrupt, negatively affect, or prohibit other Users from
using COVEST Services;
iii. You agree not to use the services for market
manipulation (such as pump and dump schemes, wash trading,
self-trading, front running, quote stuffing, and spoofing
or layering, regardless of whether prohibited by law);
iv. Without written consent from COVEST, the following
commercial uses of COVEST data are prohibited:
1) Trading services that make use of COVEST quotes or
market bulletin board information.
2) Data feeding or streaming services that make use of any
market data of COVEST.
3) Any other websites/apps/services that charge for or
otherwise profit from (including through advertising or
referral fees) market data obtained from COVEST.
v. Without prior written consent from COVEST, you may not
modify, replicate, duplicate, copy, download, store,
further transmit, disseminate, transfer, disassemble,
broadcast, publish, remove or alter any copyright
statement or label, or license, sub-license, sell, mirror,
design, rent, lease, private label, grant security
interests in the properties or any part of the properties,
or create their derivative works or otherwise take
advantage of any part of the properties.
vi. You may not (i) use any deep linking, web crawlers,
bots, spiders or other automatic devices, programs,
scripts, algorithms or methods, or any similar or
equivalent manual processes to access, obtain, copy or
monitor any part of the properties, or replicate or bypass
the navigational structure or presentation of COVEST
Services in any way, in order to obtain or attempt to
obtain any materials, documents or information in any
manner not purposely provided through COVEST Services;
(ii) attempt to access any part or function of the
properties without authorization, or connect to COVEST
Services or any COVEST servers or any other systems or
networks of any COVEST Services provided through the
services by hacking, password mining or any other unlawful
or prohibited means; (iii) probe, scan or test the
vulnerabilities of COVEST Services or any network
connected to the properties, or violate any security or
authentication measures on COVEST Services or any network
connected to COVEST Services; (iv) reverse look-up, track
or seek to track any information of any other Users or
visitors of COVEST Services; (v) take any actions that
imposes an unreasonable or disproportionately large load
on the infrastructure of systems or networks of COVEST
Services or COVEST, or the infrastructure of any systems
or networks connected to COVEST services; (vi) use any
devices, software or routine programs to interfere with
the normal operation of COVEST Services or any
transactions on COVEST Services, or any other person’s use
of COVEST Services; (vii) forge headers, impersonate, or
otherwise manipulate identification, to disguise your
identity or the origin of any messages or transmissions
you send to COVEST, or (viii) use COVEST Services in an
illegal way.
By accessing COVEST Services, you agree that COVEST has the
right to investigate any violation of these Terms,
unilaterally determine whether you have violated these
Terms, and take actions under relevant regulations without
your consent or prior notice. Examples of such actions
include, but are not limited to:
1. Blocking and closing order requests;
2. Freezing your account;
3. Reporting the incident to the authorities;
4. Publishing the alleged violations and actions that have
been taken;
5. Deleting any information you published that are found
to be violations.
2. Crypto-to-crypto Trading
Upon completion of the registration and identity
verification for your COVEST Account, you may conduct
Crypto-to-crypto Trading on COVEST in accordance with the
provisions of these Terms and COVEST Platform Rules.
a. Orders
Upon sending an instruction of using COVEST Services for
Crypto-to-crypto Trading (an “Order”), your account will be
immediately updated to reflect the open Orders, and your
Orders will be included in COVEST’s order book to match
other users’ Orders. If one of your Orders fully or
partially matches another user’s Order, COVEST will execute
an exchange (a “Transaction”). Once the Transaction is
executed, your account will be updated to reflect that the
Order has been fully executed and closed, or the Order has
been partially executed. The Order will remain uncompleted
until it is fully executed or cancelled under paragraph (b)
below. To conclude a Transaction, you authorize COVEST to
temporarily control the Digital Currencies involved in your
Transaction.
b. Cancellation
For Orders initiated through COVEST Services, you may only
cancel them before they have been matched with other Users’
Orders. Once your Order has been matched with another user’s
Order, you may not change, revoke or cancel COVEST’s
authorization to complete the Order. For any partially
matched Order, you may cancel the unmatched part of the
Order unless such portion has been matched. COVEST reserves
the right to reject any cancellation request related to the
Order you have submitted. If your account does not have
sufficient amount of Digital Currencies to execute an Order,
COVEST may cancel the entire Order, or execute part of the
Order with the amount of Digital Currencies you have in your
account (in each case, any Transaction related fees payable
to COVEST are deducted as stated in paragraph (c) below).
c. Fees
You agree to pay COVEST the fees specified in
(https://covesthelp.zendesk.com/hc/vi/categories/4405165614617-%EC%88%98%EC%88%98%EB%A3%8C).COVEST
may, in its discretion, update the fees at any time. Any
updated fees will apply to any sales or other Transactions
that occur following the effective date of the updated fees.
You authorize COVEST to deduct from your account any
applicable fees that you owe under these Terms.
d. Other Types of Crypto-to-crypto Trading
In addition to the Crypto-to-crypto Trading that allows
users to directly place orders as mentioned in paragraph (a)
above, COVEST may, in its discretion, provide technical and
platform services for other types of Crypto-to-crypto
Trading under its separately formulated COVEST Platform
Rules, such as One Cancels the Other (OCO) and block trade.
3. Futures Trading
a. You fully understand the high risks of Futures Trading,
including but not limited to the risk of major fluctuations
of Digital Assets in Futures Trading, and the risk of
exacerbated adverse outcome when leverage is used;
b. You have sufficient investment knowledge and experience
and the capacity to take risks arising from Futures Trading,
and agree to independently assume all the risks arising from
the investment of Futures Trading;
c. Before performing Futures Trading, you have read and
understood all the contents of the COVEST Futures Service
Agreement and the relevant COVEST Platform Rules, and have
consulted relevant professionals to make informed decisions
on whether and how to complete Futures Trading according to
their recommendations and your own reasonable judgment;
d. You agree and authorize COVEST to take various reasonable
measures in its discretion (including but not limited to
forced liquidation and forced position reduction under
specific circumstances) in accordance with the COVEST
Futures Service Agreement and the relevant COVEST Platform
Rules to protect the legitimate interests of you, COVEST and
other Users.
IV. Liabilitys
1. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW,
COVEST SERVICES, COVEST MATERIALS AND ANY PRODUCT, SERVICE
OR OTHER ITEM PROVIDED BY OR ON BEHALF OF COVEST ARE
OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND COVEST
EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF
PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT
LIMITING THE FOREGOING, COVEST DOES NOT REPRESENT OR
WARRANT THAT THE SITE, COVEST SERVICES OR COVEST MATERIALS
ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COVEST DOES
NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED,
RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS
STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS,
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED
UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR
ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF COVEST
SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY
UNDERSTAND AND AGREE THAT COVEST WILL NOT BE LIABLE FOR
ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A)
ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE
DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH
DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR
UNSCHEDULED MAINTENANCE CARRIED OUT BY COVEST AND SERVICE
INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE,
(E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS,
OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE
CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR
ACTIONS WITHOUT AUTHORIZED BY COVEST; AND (G) OTHER
EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES
ISSUED BY COVEST.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY
NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY
APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU
RESIDE.
2. Disclaimer of Damages and Limitation of
Liability
THE COVEST IS NOT RESPONSIBLE FOR ANY DAMAGES TO MEMBERS
CAUSED BY NATURAL DISASTERS, DDOS ATTACKS, IDC FAILURES,
LINE FAILURES OF KEY TELECOMMUNICATION OPERATORS, OR
EQUIVALENT FORCE MAJEURE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL COVEST, ITS AFFILIATES AND THEIR RESPECTIVE
SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES,
ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR
CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR
LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR
OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF
COVEST SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF
COVEST SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER
ITEM PROVIDED BY OR ON BEHALF OF COVEST AND ITS
AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT
LIABILITY OR OTHER THEORY EVEN IF COVEST HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF
A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A
RESULT OF COVEST’S GROSS NEGLIGENCE, FRAUD, WILLFUL
MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE
LIABILITY OF COVEST, ITS AFFILIATES AND THEIR RESPECTIVE
SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES,
ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR
CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON
BEHALF OF COVEST AND ITS AFFILIATES, ANY PERFORMANCE OR
NON-PERFORMANCE OF COVEST SERVICES, OR ANY OTHER PRODUCT,
SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE,
STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE
FEES PAID BY YOU TO COVEST UNDER THESE TERMS IN THE
TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING
RISE TO THE CLAIM FOR LIABILITY.
3. Indemnification
You agree to indemnify and hold harmless COVEST Operators,
their affiliates, contractors, licensors, and their
respective directors, officers, employees and agents from
and against any claims, actions, proceedings,
investigations, demands, suits, costs, expenses and damages
(including attorneys’ fees, fines or penalties imposed by
any regulatory authority) arising out of or related to (i)
your use of, or conduct in connection with, COVEST Services,
(ii) your breach or our enforcement of these Terms, or (iii)
your violation of any applicable law, regulation, or rights
of any third party during your use of COVEST Services. If
you are obligated to indemnify COVEST Operators, their
affiliates, contractors, licensors, and their respective
directors, officers, employees or agents pursuant to these
Terms, COVEST will have the right, in its sole discretion,
to control any action or proceeding and to determine whether
COVEST wishes to settle, and if so, on what terms.
V. Announcements
Please be aware that all official announcements, news,
promotions, competitions and airdrops will be listed on
https://covesthelp.zendesk.com/hc/vi.
USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND
PROMPTLY. COVEST WILL NOT BE HELD LIABLE OR RESPONSIBLE IN
ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL
LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE
ANNOUNCEMENTS.
VI. Termination of Agreement
1. Suspension of COVEST Accounts
You agree that COVEST shall have the right to immediately
suspend your COVEST Account (and any accounts beneficially
owned by related entities or affiliates), freeze or lock the
Digital Assets or funds in all such accounts, and suspend
your access to COVEST for any reason including if COVEST
suspects any such accounts to be in violation of these
Terms, our Privacy Policy, or any applicable laws and
regulations. You agree that COVEST shall not be liable to
you for any permanent or temporary modification of your
COVEST Account, or suspension or termination of your access
to all or any portion of COVEST Services. COVEST shall
reserve the right to keep and use the transaction data or
other information related to such COVEST Accounts. The above
account controls may also be applied in the following
cases:
1. The COVEST Account is subject to a governmental
proceeding, criminal investigation or other pending
litigation;
2. We detect unusual activities in the COVEST Account;
3. We detect unauthorized access to the COVEST Account;
4. We are required to do so by a court order or command by
a regulatory/government authority.
2. Cancellation of COVEST Accounts
In case of any of the following events, COVEST shall have
the right to directly terminate these Terms by cancelling
your COVEST Account, and shall enjoy the right but not the
obligation to permanently freeze (cancel) the authorizations
of your COVEST Account on COVEST and withdraw the
corresponding COVEST Account thereof:
1. after COVEST terminates services to you;
2. you allegedly register or register in any other
person’s name as a COVEST User again, directly or
indirectly;
3. the information that you have provided is untruthful,
inaccurate, outdated or incomplete;
4. when these Terms are amended, you state your
unwillingness to accept the amended Terms by applying for
cancellation of your COVEST Account or by other means;
5. you request that COVEST Services be terminated; and
6. any other circumstances where COVEST deems it should
terminate COVEST Services.
Should your COVEST Account be terminated, the account and
transactional information that meet data retention standards
will be securely stored for 5 years. In addition, if a
transaction is unfinished during the account termination
process, COVEST shall have the right to notify your
counterparty of the situation at that time. You acknowledge
that a user-initiated account exit (right to erasure under
GDPR or other equivalent regulations) will also be subjected
to the termination protocol stated above.
If COVEST is informed that any Digital Assets or funds held
in your COVEST Account are stolen or otherwise are not
lawfully possessed by you, COVEST may, but has no obligation
to, place an administrative hold on the affected funds and
your COVEST Account. If COVEST does lay down an
administrative hold on some or all of your funds or COVEST
Account, COVEST may continue such hold until such time as
the dispute has been resolved and evidence of the resolution
acceptable to COVEST has been provided to COVEST in a form
acceptable to COVEST. COVEST will not involve itself in any
such dispute or the resolution of the dispute. You agree
that COVEST will have no liability or responsibility for any
such hold, or for your inability to withdraw Digital Assets
or funds or execute trades during the period of any such
hold.
3. Remaining Funds After COVEST Account Termination
Except as set forth in paragraph 4 below, once a COVEST
Account is closed/withdrawn, all remaining account balance
(which includes charges and liabilities owed to COVEST) will
be payable immediately to COVEST. Upon payment of all
outstanding charges to COVEST (if any), Users will have 5
business days to withdraw all Digital Assets or funds from
the account.
4. Remaining Funds After COVEST Account Termination Due
to Fraud, Violation of Law, or Violation of These
Terms
COVEST maintains full custody of the Digital Assets, funds
and User data/information which may be turned over to
governmental authorities in the event of COVEST Accounts’
suspension/closure arising from fraud investigations,
investigations of violation of law or violation of these
Terms.
VII. No Financial Advice
COVEST is not your broker, intermediary, agent, or advisor
and has no fiduciary relationship or obligation to you in
connection with any trades or other decisions or activities
effected by you using COVEST Services. No communication or
information provided to you by COVEST is intended as, or
shall be considered or construed as, investment advice,
financial advice, trading advice, or any other sort of
advice. Unless otherwise specified in these Terms, all
trades are executed automatically, based on the parameters
of your order instructions and in accordance with posted
trade execution procedures, and you are solely responsible
for determining whether any investment, investment strategy
or related transaction is appropriate for you according to
your personal investment objectives, financial circumstances
and risk tolerance, and you shall be solely responsible for
any loss or liability therefrom. You should consult legal or
tax professionals regarding your specific situation. COVEST
does not recommend that any Digital Asset should be bought,
earned, sold, or held by you. Before making the decision to
buy, sell or hold any Digital Asset, you should conduct your
own due diligence and consult your financial advisors prior
to making any investment decision. COVEST will not be held
responsible for the decisions you make to buy, sell, or hold
Digital Asset based on the information provided by
COVEST.
VIII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in
relation to the legal usage of COVEST Services in their
local jurisdiction as well as other laws and regulations
applicable to Users. Users must also factor, to the extent
of their local laws all aspects of taxation, the
withholding, collection, reporting and remittance to their
appropriate tax authorities.
ALL USERS OF COVEST SERVICES ACKNOWLEDGE AND DECLARE THAT
THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT
ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT COVEST
WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE
NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS
OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES
AND USE OF THEIR FUNDS.
COVEST maintains a stance of cooperation with law
enforcement authorities globally and will not hesitate to
seize, freeze, terminate Users’ accounts and funds which are
flagged out or investigated by legal mandate.
IX. Privacy Policy
Access to COVEST Services will require the submission of
certain personally identifiable information. Please review
COVEST’s Privacy Policy at () for a summary of COVEST’s
guidelines regarding the collection and use of personally
identifiable information.
X. Resolving Disputes: Forum, Arbitration, Class Action
Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER
OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A
CLASS ACTION.
1. Notice of Claim and Dispute Resolution Period.
Please contact COVEST first! COVEST wants to address your
concerns without resorting to formal legal proceedings, if
possible. If you have a dispute with COVEST, then you should
contact COVEST and a ticket number will be assigned. COVEST
will attempt to resolve your dispute internally as soon as
possible. The parties agree to negotiate in good faith to
resolve the dispute (which discussions shall remain
confidential and be subject to applicable rules protecting
settlement discussions from use as evidence in any legal
proceeding).
In the event the dispute cannot be resolved satisfactorily,
and you wish to assert a legal claim against COVEST, then
you agree to set forth the basis of such claim in writing in
a “Notice of Claim,” as a form of prior notice to COVEST.
The Notice of Claim must (1) describe the nature and basis
of the claim or dispute, (2) set forth the specific relief
sought, (3) provide the original ticket number, and (4)
include your COVEST account email. The Notice of Claim
should be submitted to an email address or hyperlink
provided in your correspondence with COVEST. After you have
provided the Notice of Claim to COVEST, the dispute
referenced in the Notice of Claim may be submitted by either
COVEST or you to arbitration in accordance with paragraph 2
of this Section, below. For the avoidance of doubt, the
submission of a dispute to COVEST for resolution internally
and the delivery of a Notice of Claim to COVEST are
prerequisites to commencement of an arbitration proceeding
(or any other legal proceeding). During the arbitration, the
amount of any settlement offer made by you or COVEST shall
not be disclosed to the arbitrator.
2. Agreement to Arbitrate and Governing Law.
You and COVEST Operators agree that, subject to paragraph 1
above, any dispute, claim, or controversy between you and
COVEST (and/or COVEST Operators) arising in connection with
or relating in any way to these Terms or to your
relationship with COVEST (and/or COVEST Operators) as a user
of COVEST Services (whether based in contract, tort,
statute, fraud, misrepresentation, or any other legal
theory, and whether the claims arise during or after the
termination of these Terms) will be determined by mandatory
final and binding individual (not class) arbitration, except
as set forth below under Exceptions to Agreement to
Arbitrate. You and COVEST Operators further agree that the
arbitrator shall have the exclusive power to rule on his or
her own jurisdiction, including without limitation any
objections with respect to the existence, scope or validity
of the Agreement to Arbitrate, or to the arbitrability of
any claim or counterclaim. Arbitration is more informal than
a lawsuit in court. THERE IS NO JUDGE OR JURY IN
ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS
LIMITED. There may be more limited discovery than in court.
The arbitrator must follow this agreement and can award the
same damages and relief as a court (including, if
applicable, attorney fees), except that the arbitrator may
not award declaratory or injunctive relief in favour of
anyone but the parties to the arbitration. The arbitration
provisions set forth in this Section will survive
termination of these Terms. Arbitration Rules. The
arbitration shall be subject to the HKIAC Administered
Arbitration Rules (HKIAC. Rules) in force when the Notice of
Arbitration is submitted, as modified by this Section X. The
arbitration will be administered by the Hong Kong
International Arbitration Centre (HKIAC). Unless the parties
agree otherwise, there shall be only one arbitrator
appointed in accordance with the HKIAC Rules. Any
arbitration will be conducted in the English language.
Regardless of the manner in which the arbitration is
conducted, the arbitrator shall issue a reasoned written
decision sufficient to explain the essential findings and
conclusions on which the decision and award, if any, are
based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY
COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS
OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time
for Filing: ANY ARBITRATION AGAINST COVEST OPERATORS MUST BE
COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1)
YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST
KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR
DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO
RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT
TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF
THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN
PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT
TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME
PERIOD. If applicable law prohibits a one-year limitation
period for asserting claims, any claim must be asserted
within the shortest time period permitted by applicable law.
Process; Notice: The party who intends to seek arbitration
after the expiration of the Dispute Resolution Period set
forth in paragraph 1, above, must submit a request to the
HKIAC in accordance with the HKIAC Rules. If we request
arbitration against you, we will give you notice at the
email address or mailing address you have provided. You
agree that any notice sent to this email or mailing address
shall be deemed effective for all purposes, including
without limitation to determinations of adequacy of service.
It is your obligation to ensure that the email address
and/or mailing address on file with COVEST is up-to-date and
accurate. Seat of Arbitration: The seat of the arbitration
shall be Hong Kong. Place of Hearing: The location of any
in-person arbitration hearing shall be Hong Kong, unless
otherwise agreed to by the parties. Governing Law: These
Terms (including this arbitration agreement) shall be
governed by, and construed in accordance with, the laws of
Hong Kong. Confidentiality. The parties agree that the
arbitration shall be kept confidential. The existence of the
arbitration, any nonpublic information provided in the
arbitration, and any submissions, orders or awards made in
the arbitration (together, the “Confidential Information”)
shall not be disclosed to any non-party except the tribunal,
the HKIAC, the parties, their counsel, experts, witnesses,
accountants and auditors, insurers and reinsurers, and any
other person necessary to the conduct of the arbitration.
Notwithstanding the foregoing, a party may disclose
Confidential Information to the extent that disclosure may
be required to fulfill a legal duty, protect or pursue a
legal right, or enforce or challenge an award in bona fide
legal proceedings. This confidentiality provision shall
survive termination of these Terms and of any arbitration
brought pursuant to these Terms.
3. Class Action Waiver. You and COVEST
agree that any claims relating to these Terms or to your
relationship with COVEST as a user of COVEST Services
(whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, and whether
the claims arise during or after the termination of these
Terms) shall be brought against the other party in an
arbitration on an individual basis only and not as a
plaintiff or class member in a purported class or
representative action. You and COVEST further agree to waive
any right for such claims to be brought, heard, or
arbitrated as a class, collective, representative, or
private attorney general action, to the extent permissible
by applicable law. Combining or consolidating individual
arbitrations into a single arbitration is not permitted
without the consent of all parties, including COVEST.
4. Modifications. COVEST reserves the right
to update, modify, revise, suspend, or make any future
changes to Section X regarding the parties’ Agreement to
Arbitrate, subject to applicable law. You hereby consent and
agree that it is your responsibility to ensure that your
understanding of this Section is up to date. Subject to the
applicable law, your continued use of your COVEST account
shall be deemed to be your acceptance of any modifications
to Section X regarding the parties’ Agreement to Arbitrate.
You agree that if you object to the modifications to Section
X, COVEST may block access to your account pending closure
of your account. In such circumstances, the Terms of Use
prior to modification shall remain in full force and effect
pending closure of your account.
5. Severability. If any portion of these
Terms are adjudged to be invalid or unenforceable for any
reason or to any extent, the remainder of these Terms will
remain valid and enforceable and the invalid or
unenforceable portion will be given effect to the greatest
extent permitted by law. pending closure of your account.
XI. Miscellaneous
1. Independent Parties. COVEST is an
independent contractor but not an agent of you in the
performance of these Terms. These Terms shall not be
interpreted as facts or evidence of an association, joint
venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute
the entire agreement between the parties regarding use of
COVEST Services and will supersede all prior written or oral
agreements between the parties. No usage of trade or other
regular practice or method of dealing between the parties
will be used to modify, interpret, supplement, or alter the
terms herein.
3. Interpretation and Revision. COVEST
reserves the right to alter, revise, modify, and/or change
these Terms at any time. All changes will take effect
immediately upon being published on COVEST websites. It is
your responsibility to regularly check relevant pages on our
websites/applications to confirm the latest version of these
Terms. If you do not agree to any such modifications, your
only remedy is to terminate your usage of COVEST Services
and cancel your account. You agree that, unless otherwise
expressly provided in these Terms, COVEST will not be
responsible for any modification or termination of COVEST
Services by you or any third party, or suspension or
termination of your access to COVEST Services.
4. Force Majeure. COVEST will not be liable
for any delay or failure to perform as required by these
Terms because of any cause or condition beyond COVEST’s
reasonable control.
5. Severability. If any portion of these
Terms is held invalid or unenforceable, such invalidity or
enforceability will not affect the other provisions of these
Terms, which will remain in full force and effect, and the
invalid or unenforceable portion will be given effect to the
greatest extent possible.
6. Assignment. You may not assign or
transfer any right to use COVEST Services or any of your
rights or obligations under these Terms without prior
written consent from COVEST, including any right or
obligation related to the enforcement of laws or the change
of control. COVEST may assign or transfer any or all of its
rights or obligations under these Terms, in whole or in
part, without notice or obtaining your consent or
approval.
7. Waiver. The failure of one party to
require performance of any provision will not affect that
party’s right to require performance at any time thereafter.
At the same time, the waiver of one party to seek recovery
for the other party’s violation of these Terms or any
provision of applicable terms shall not constitute a waiver
by that party of any subsequent breach or violation by the
other party or of the provision itself.
8. Third-Party Website Disclaimer. Any
links to third-party websites from COVEST Services does not
imply endorsement by COVEST of any product, service,
information or disclaimer presented therein, nor does COVEST
guarantee the accuracy of the information contained on them.
If you suffer loss from using such third-party product and
service, COVEST will not be liable for such loss. In
addition, since COVEST has no control over the terms of use
or privacy policies of third-party websites, you should read
and understand those policies carefully.
9. Matters Related to Apple Inc. If you use
any device manufactured by Apple Inc. to participate in any
commercial activities or reward programs through COVEST
Services, such activities and programs are provided by
COVEST and are not associated with Apple Inc. in any
manner.
10. Contact Information. For more
information on COVEST, you may refer to the company and
license information found on COVEST websites. If you have
questions regarding these Terms, please feel free to contact
COVEST for clarification via our Customer Support team at
10. Contact Information. For more
information on COVEST, you may refer to the company and
license information found on COVEST websites. If you have
questions regarding these Terms, please feel free to contact
COVEST for clarification via our Customer Support team at
https://covesthelp.zendesk.com/hc/vi/requests/new