This Refund Policy sets forth the terms and procedures for refunds in the event of technical malfunctions, errors, or fraudulent activities.
1.1. Digital assets and the PrimaX platform depend on the Internet and other technologies (including various methods and means of communication). However, the public nature of the Internet means that parts or all of it may be unreliable or unavailable at certain times. In addition, when transmitting data over the Internet and/or using other technologies, interruptions, transmission delays, data corruption or loss, loss of confidentiality, and/or the transmission of malware may occur. Such events may result in your transactions not being carried out in accordance with your instructions on time or not being executed at all.
1.2. No technology is completely secure. Therefore, you should exercise caution when using any technology.
1.3. You acknowledge that due to technical and other limitations, the price of digital assets displayed on the website may be delayed and therefore may not reflect the current market value of such digital assets. In the absence of mutual agreement of the parties involved, we reserve the right to cancel or annul transactions if:
• the transaction occurred due to an identifiable interruption or malfunction of the execution, settlement, or communication system;
• the trade, at the Company’s sole discretion, is deemed fraudulent, manipulative, or harmful to other users or the platform;
• the transaction was carried out from an account that was compromised by unauthorized users, and we, in good faith, determine that the cancellation of such transactions is in the best interest of users or the platform;
• the Company, at its sole discretion, determines that your account or trading activity violates these Terms.
1.4. We reserve the right to block or disable the use of the website on end devices if the security features developed by the operating system or the manufacturer of such a device have been modified at any time (for example, a device that has been “jailbroken”). Accordingly, we do not guarantee the functionality and performance of the application on end devices that have been modified in this way or on older devices that no longer meet the technical requirements for using the website or accessing the platform.
2.1. Digital assets may be subject to increased risks of financial crimes or cyberattacks, including but not limited to malware, hacking, phishing, double spending, smurfing, spoofing, Sybil attacks, social engineering, majority mining, consensus-based or other mining attacks, disinformation campaigns, distributed denial-of-service attacks, and forks. When transferring digital assets to a digital wallet, the asset is at risk of loss due to, among other things, security breaches resulting from cyberattacks, in which hacking and theft of digital assets may occur.
2.2. Transactions involving digital assets are irreversible. Thus, accidental or fraudulent transactions with digital assets may not be subject to compensation. You must exercise caution when making any transfers of digital assets and bear sole responsibility for any potential losses.
Using the PrimaX platform on a jailbroken device may compromise security and lead to fraudulent transactions. You may incur losses, and your access to services may be terminated.
2.3. Failures, theft, cyberattacks, and hacks of digital asset trading platforms, as well as theft of digital assets, are unfortunately very common. Affected parties may face extreme difficulties in recovering losses from hackers, trading platforms, or other related industry organizations and/or individuals. This may result in significant losses and other adverse consequences that may substantially impact your interests.
3.1. There is a risk that unauthorized third parties may gain access to your account(s) and execute transactions without your consent or authorization by taking control of the device or account you use, or by other means.
3.2. A user may lose their private key to external wallet addresses under certain circumstances, including but not limited to:
• if the backup of the private key was stored on paper and later lost or stolen; or
• if the private key was hacked or stolen.
The person holding the private key to an external wallet address will control the digital assets. Recovery mechanisms for lost or stolen digital assets are limited and, in some cases, nonexistent.
3.3. Granting any other person access to your account(s) carries risks. You must take all necessary measures to ensure that anyone to whom you grant access acts appropriately and lawfully. You must also, at your sole discretion, implement control measures and establish protocols related to your account to monitor the activities of such individuals and ensure they act appropriately and lawfully.
3.4. Granting another person permission to conduct trading operations with your account with our Company or to manage it involves significant risks, and there is a possibility that orders you provide may not be properly authorized or executed. You assume all risks associated with such activity and fully and unconditionally release PrimaX from any liability arising from or related to the above.
3.5. Once a user sends a digital asset to a wallet address outside the PrimaX platform, there is a risk of losing access to the digital asset indefinitely. For example, the wallet address may be entered incorrectly, and the actual owner of the address may never be identified, or the wallet address may belong to an organization that will not return the user’s digital assets, or that will only do so after the user takes certain actions, such as identity verification.
You may store your digital assets in hot wallets, but such wallets may be exposed to hacking, cyberattacks, or any of the risks mentioned above.
4.1. All warranties, conditions, or terms (express, implied, statutory, or otherwise), including without limitation those relating to quality, merchantability, fitness for purpose, or uninterrupted, error-free access, are expressly excluded for the website and platform to the fullest extent permitted by law.
4.2. No representations or warranties, express or implied, can be made regarding the accuracy or completeness of the information provided on the platform.
4.3. Each user acknowledges and accepts the risks that may arise from online transactions conducted through open systems accessible to anyone, and acknowledges that, despite data encryption, the connection of the user’s personal computer or mobile electronic device to the platform via the Internet may be observable. We may also use servers and other computer equipment located in any jurisdiction worldwide to provide any part of the platform.
4.4. We disclaim any liability for losses or damages caused by transmission errors, technical malfunctions, breakdowns, interruptions in service, or unlawful interference with transmission networks, the user’s IT systems/computers, or those of any third party (including publicly accessible systems).
4.5. The platform and website, including all content (including third-party content), features, and any related services, are provided on an “as is” and “as available” basis, solely at the user’s own risk, without any representations or warranties. We do not guarantee that the entire platform or application, or any part thereof, will be available to the user at all times.
4.6. Using the platform in connection with downloading, installing, or using the website and related checkpoints with third parties (such as distribution platform providers, network providers, or device manufacturers) entails risks, in particular:
• disclosure of your personal information or other data and the existence of your relationship with a third-party service provider to third parties;
• system failures, security-related restrictions, and unauthorized removal of usage limitations on an end device and other violations that may make use impossible;
• misuse due to malware manipulation or unauthorized use, including in cases of loss or theft of the user’s device used to access the website or platform.
Furthermore, you have received, read, and understood the risk disclosure information and fully acknowledge the potential risks associated with accessing or using the platform and conducting trading activities through your account.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold the Company harmless from any claims (including third-party claims), actions, losses, liabilities, costs, or demands, including but not limited to legal and accounting fees, arising directly or indirectly out of or in connection with your misuse, including any information you provide to the platform, or your violation of these Terms.
We will notify you by email or other appropriate means of any such claim or action and will reasonably cooperate with you (at your expense) in defending such claim or action. We reserve the right to participate in the defense of such claim or to appoint our own counsel, but we are not obligated to do so.