1. ABOUT THESE TERMS
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and Marsan Exchange Operators.
b. Supplementary Terms
Due to the rapid development of Digital Currencies and Marsan Exchange, these Terms between you and Marsan Exchange 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, MARSAN EXCHANGE PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND MARSAN EXCHANGE ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF Marsan Exchange SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.
c. Changes to These Terms
Marsan Exchange reserves the right to change or modify these Terms in its discretion at any time. Marsan Exchange will notify such changes by updating the terms on its website and modifying the 1/1/2021 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 MARSAN EXCHANGE 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 MARSAN EXCHANGE 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 MARSAN EXCHANGE SERVICES.a
d. Prohibition of Use
BY ACCESSING AND USING MARSAN EXCHANGE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE CANADIAN SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY FINTRAC (THE FINANCIAL TRANSACTIONS AND REPORTS ANALYSIS CENTRE OF CANADA), OR THE DENIED PERSONS OR ENTITY LIST OF THE CANADIAN DEPARTMENT OF COMMERCE. MARSAN EXCHANGE RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF MARSAN EXCHANGE SERVICES IN CERTAIN REGIONS. MARSAN EXCHANGE SERVICES ARE NOT AVAILABLE OUTSIDE OF CANADA.
2. ABOUT MARSAN EXCHANGE
Marsan Exchange is a Montreal based company. As an important part of the Marsan Exchange Ecosystem, Marsan Exchange mainly serves as a Canadian online platform for Digital Assets trading, and provides Users with a trading platform, technical services and other Digital Assetsrelated services.
As further detailed in Article 3 below, Users must register and open an account with Marsan Exchange, and deposit Digital Assets or fiat (Canadian dollars) into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets or fiat (Canadian dollars).
Although Marsan Exchange has been committed to maintaining the accuracy of the information provided through Marsan Exchange Services, Marsan Exchange cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Marsan Exchange be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Marsan Exchange Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Marsan Exchange does not provide investment or consulting advice of any kind and is not responsible for the use or interpretation of information on Marsan Exchange or any other communication medium. All Users of Marsan Exchange Services must understand the risks involved in Digital Assets trading and are recommended to exercise prudence and trade responsibly within their own capabilities.
3. MARSAN EXCHANGE ACCOUNT REGISTRATION AND REQUIREMENTS
a. Registration
All Users must apply for a Marsan Exchange Account before using Marsan Exchange Services. When you register a Marsan Exchange Account, you must provide your real name, address, proof of address, valid government ID, date of birth, email address and password, and accept these Terms, the Privacy Policy, and other Marsan Exchange Platform Rules. Marsan Exchange may refuse, in its discretion, to open a Marsan Exchange Account for you. You agree to provide complete and accurate information when opening a Marsan Exchange Account, and agree to timely update any information you provide to Marsan Exchange 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 sub-accounts under the main account with the consent of Marsan Exchange. For certain Marsan Exchange Services, you may be required to set up a special account independent from your Marsan Exchange 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 Marsan Exchange 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 Marsan Exchange Services; (iv) you do not currently have a Marsan Exchange Account; (v) you are a Canadian 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 Marsan Exchange 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.
c. User Identity Verification
Your registration of an account with Marsan Exchange 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 Marsan Exchange, or for other lawful purposes stated by Marsan Exchange. 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, MARSAN EXCHANGE 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 MARSAN EXCHANGE 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 MARSAN EXCHANGE DURING YOUR USE OF MARSAN EXCHANGE 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 MARSAN EXCHANGE TO CONDUCT INVESTIGATIONS THAT MARSAN EXCHANGE CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR MARSAN EXCHANGE 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 Marsan Exchange Account can only be used by the account registrant. Marsan Exchange reserves the right to suspend, freeze or cancel the use of Marsan Exchange 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 Marsan Exchange immediately. Marsan Exchange assumes no liability for any loss or damage arising from the use of Marsan Exchange Account by you or any third party with or without your authorization.
e. Account Security
Marsan Exchange has been committed to maintaining the security of User entrusted funds and has implemented industry standard protection for Marsan Exchange 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 Marsan Exchange Account and personal information. You should be solely responsible for keeping safe of your Marsan Exchange Account and password and be responsible for all the transactions under your Marsan Exchange Account. Marsan Exchange 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 Marsan Exchange Account, you hereby agree that:
- you will notify Marsan Exchange immediately if you are aware of any unauthorized use of your Marsan Exchange Account and password or any other violation of security rules;
- you will strictly abide by all mechanisms or procedures of Marsan Exchange regarding security, authentication, trading, charging, and withdrawal;
- and you will take appropriate steps to logout from Marsan Exchange at the end of each visit.
f. Personal Data
Your personal data will be properly protected and kept confidential, but Marsan Exchange 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:
- your transaction counterparty;
- Marsan Exchange Operators, and the shareholders, partners, investors, directors, supervisors, senior managers and employees of such entities;
- our joint ventures, alliance partners and business partners;
- 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;
- third-party business partners who provide goods and services or sponsor contests or other promotional activities, whether or not in cooperation with us;
- insurance companies or insurance investigators and credit providers;
- credit bureaus, or any debt collection agencies or dispute resolution centers in the event of violation or dispute;
- 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 Marsan Exchange Operators;
- professional consultants such as auditors and lawyers;
- relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities;
- professional consultants such as auditors and lawyers;
- relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities;
- assignees of our rights and obligations;
- banks, credit card companies and their respective service providers;
- persons with your consent as determined by you or the applicable contract.