Pre-Market Trading Service Agreement
Updated as of 2024/05/27
BEFORE ACCESSING OR USING ANY OF THE PRE-MARKET TRADING SERVICES OR UNDERTAKING ANY PRE-MARKET TRADING TRANSACTIONS, YOU MUST READ THIS PRE-MARKET TRADING SERVICES AGREEMENT IN ITS ENTIRETY CAREFULLY.
PRE-MARKET TRADING ARE COMPLEX AND NOT SUITABLE FOR THE MAJORITY OF ORDIANRY PERSONS. THE RISK OF LOSS IN CONNECTION WITH SUCH CAN BE SUBSTANTIAL. YOU SHOULD CAREFULLY EXAMINE YOUR INVESTMENT OBJECTIVES, FINANCIAL RESOURCES AND RISK TOLERANCE AND CONSIDER WHETHER UNDERTAKEING SUCH TRANSACTIONS ARE SUITABLE FOR YOU. YOU SHOULD BE CAPABLE OF BEARING A FULL LOSS OF THE AMOUNTS INVESTED AS A RESULT OF OR IN CONNECTION WITH ANY ORDER.
This Pre-Market Trading Service Agreement (this “Agreement”) and the terms herein govern your use of the Pre-Market Trading Services (as defined below) and related services entered into by and between you (the “User” or “you”, “your” or the “Participant”) and Gate.io (hereinafter also referred to as "Gate", "us", "we", or the "Platform") and is legally binding upon you and Gate. By accessing and using our Pre-Market Trading Services you will be deemed to have fully read, understood and agreed to the terms and conditions contemplated hereof.
This Agreement shall be supplemental to and constitute part of the Gate.io User Agreement (available at https://www.gate.io/zh/user-agreement) and should be read in conjunction with the Gate.io User Agreement. Therefore, unless otherwise stated in this Agreement, the capitalized terms used in this Agreement shall have the same meaning given to them under the User Agreement. However, where a term is defined both in the Terms of Use and in this Agreement, for the purposes of this Agreement only, the definition in this Agreement shall prevail. In the event of any conflict or inconsistency between the terms in this Agreement and the User Agreement, the terms in this Agreement shall prevail with respect to the Pre-Market Trading Services contemplated hereunder unless expressly stated otherwise.
The Pre-Market Trading Services shall constitute part of the Services under the User Agreement.
(a) Account means all account registered, applied for and opened with Gate and/or on the Sites under your name.
(b) Buyer means a user who makes or takes an Order to buy Pre-Market Assets with Supported Assets.
(c) Collateral means a pre-determined sum of Supported Assets provided by a user as security for placing an Order as a Seller.
(d) Counterparty means the counterparty of an Order and/or Executed Order with you.
(e) Digital Asset means a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins, non-fungible tokens and tokenised derivatives of any other digital asset.
(f) Executed Order means the matching of a Maker Order to a Taker.
(g) Gate or we, us, ours refer to Gate.io or its affiliate which offers and provides the Pre- Market Trading Services.
(h) Maker means a user who places or makes an Order.
(i) Order means an instruction, application, request or order to initiate an offer of Pre- Market Assets in relation to the Pre-Market Trading Services as a maker or taker, sent, given or transmitted by you or on your behalf to Gate or which Gate reasonably believes to have been sent, given or transmitted by or on your behalf, including any instruction, request or order to revoke, ignore or vary any previous offer, instruction, request application or order.
(j) Pre-Market Assets means the Digital Assets made available for Pre-Market Trading Services.
(k) Pre-Market Trading Services means a service provided by the Platform allowing you to make or take an Order with another user to buy or sell Digital Assets that are listed on the Sites but are not yet available for secondary market trading and instant settlement.
(l) Purchase Price means the consideration comprising of Supported Assets paid by the Buyer to the Seller in an Order to buy Pre-Market Assets.
(m) Seller means a user who makes or takes an Order to sell Pre-Market Assets with Supported Assets.
(n) Settlement means a settlement of an Executed Order where the agreed Pre-Market Assets and consideration of the Executed Order is exchanged.
(o) Settlement Period has the meaning given to it under clause 2.5.
(p) Supported Assets means the Digital Assets known as Tether (“USDT”) or any other form of Digital Assets as approved and advised to users by Gate from time to time.
(q) Taker means a user who takes an Order.
Our Pre-Market Trading Services enables Users to engage in the buying and selling of Digital Assets approved for listing but not yet available for secondary market trading and instant settlement. The Pre-Market Trading Service is designed to facilitate these transactions under a structured set of rules and procedures as outlined herein.
Pre-Market Trading Period is the designated timeframe within which Participants may
submit a Maker or Taker Order, as a Buyer or as a Seller, for Pre-Market Assets through the Sites and shall conclude upon the official listing of the Pre-Market Assets for secondary market trading and instant settlement (the “Pre-Market Trading Period”). The specific duration of Pre-Market Trading Period is determined and managed through our backend systems, which are therefore subject to change based on operational requirements and will be communicated to you via official announcements, emails or other agreed communication methods.
When you place an Order, you will be required to determine the quantity of Pre-Market Assets you wish to buy or sell and the price of the Pre-Market Assets that you wish to buy or sell. To successfully make an Order as a Buyer of Pre-Market Assets you will be required to put up the Purchase Price. Once an Order has been placed, the Purchase Price will be withheld and will not be available for any forms of use including withdrawals or trading.
To ensure the successful execution of transactions, Sellers are mandated to deposit a Collateral equivalent to 100% (or another percentage as advised by Gate on its Sites, relevant landing pages of the Pre-Market Trading Services, or through official announcements, emails or other communication channels deemed reasonable by Gate from time to time) of the total value of the Pre-Market Assets that they wish to sell when placing an Order. This Collateral serves as a security to guarantee the delivery of Pre- Market Assets to the Buyer upon Settlement. We reserve the right to adjust the rate of Collateral for future transactions in our sole discretion, which may vary based on the specific Pre-Market Asset involved. Once an Order has been placed, the Collateral will be withheld and will not be available for any forms of use including withdrawal or trading.
A transaction fee payable in USDT (the “Fees”) will be paid to the Platform by both a Seller and a Buyer in an Order of a Pre-Market Assets transaction. Such Fees will be charged at a certain percentage of the total value of an Order for facilitating the relevant Pre-Market transactions, which will be advised and solely determined by Gate from time to time on its Sites, relevant landing pages of the Pre-Market Trading Services, or through official announcements, emails or other communication channels deemed reasonable by Gate. The Fees will be deducted from the transaction amount at the time an Order becomes an Executed Order. The Fees contribute to the operational and maintenance costs associated with the provision of the Pre-Market Trading Services by the Platform. You shall carefully consider the Fees when placing an Order and using our Pre-Market Trading Services.
The settlement period of an Executed Order is the interval within which the Seller must complete the transfer of the agreed quantity of Pre-Market Assets to the Buyer (“Settlement Period”) in accordance with the Executed Order. This period
is crucial for ensuring the timely delivery of assets. Failure to adhere to the Settlement Period constitutes a default by the Seller which will result in the forfeiture of the Collateral as further described in Clause 2.6.
In the event that a Seller ("Defaulting Seller") fails to transfer the specified Pre-Market Assets to the Buyer ("Affected Buyer") of an Executed Order within the designated Settlement Period as prescribed by Gate’s transactional protocols, the Defaulting Seller shall be deemed to have defaulted on its delivery obligations hereunder. Upon such default, any and all forms of Collateral, previously deposited by the Defaulting Seller to secure the Order, shall be immediately forfeited in full. The Collateral shall then be allocated in the following manner:
(a) Service fee to Gate: A sum equivalent to ten percent (10%) of the forfeited Collateral shall be retained by us as a non-refundable service fee for processing the transaction and handling the default; and
(b) Damages to the Affected Buyer: The remaining ninety percent (90%) of the forfeited Collateral shall be transferred to the Affected Buyer as liquidated damages, constituting compensation for the Defaulting Seller's failure to fulfill their contractual delivery obligations of the Executed Order.
You may cancel any unmatched Orders as a Maker any time before an Order becomes an Executed Order on the Sites.
Once an Order has been executed in the form an Executed Order, resulting in a binding agreement for the transaction of Pre-Market Assets for both the Buyer and the Seller, such Executed Order shall be irrevocable (except when a Seller terminates an Executed Order pursuant to Clause 2.8). The Buyer and the Seller of an Executed Order shall be obligated to complete the Executed Order within the Settlement Period in accordance with the Settlement terms as detailed in this Agreement and/or the Sites.
A Seller may terminate an Executed Order prior to the Settlement Period by forfeiting the Collateral it has deposited and pay an additional sum equivalent to twenty percent (20%) of the value of the Collateral in Supported Assets as penalty (“Early Termination Penalty”) for early termination of the Executed Order. The forfeited Collateral and the Early Termination Penalty shall then be allocated in the following manner:
(a) Service fee to Gate: Ten percent (10%) of the forfeited Collateral and fifty percent (50%) of the Early Termination Penalty shall be retained by the Platform as a non- refundable service fee for processing the Executed Order and handling the early termination request; and
(b) Damages to the Affected Buyer: The remaining ninety percent (90%) of the forfeited Collateral and remaining fifty percent (50%) of the Early Termination Penalty shall be transferred to the Affected Buyer of the Executed Order as liquidated damages, constituting compensation for the Seller's early termination of an Executed Order.
Should the official listing of a Pre-Market Asset be delayed or canceled, all Executed Orders will retain their validity, and a new Settlement Period will be communicated to the respective Buyer and the Seller of the Executed Order. In the event of a cancellation of the listing of the Pre-Market Assets, we will make a full refund of the Collateral to the Seller and return the Purchase Price to the Buyer as soon as practicable.
A “Trigger Event” shall be deemed to occur if:
(a) any representation, warranty, agreement or undertaking made by you to Gate (whether under or in connection with this Agreement, the User Agreement or otherwise) or any other material statement made by you in or in connection with the same is untrue, inaccurate, incomplete or misleading in any respect at the time when made by you or thereafter at any time becomes untrue, inaccurate, incomplete or misleading in any respect and you fail to inform Gate of the true position as soon as reasonably practicable;
(b) you have failed to comply with or perform any of your obligations contemplated in this Agreement, whether in respect of your Account, any Orders, transactions or otherwise, and/or you have failed to comply with or perform any obligation under the User Agreement or any other agreement with Gate relating to services provided by Gate to you (including without limitation your failure to make, when due, any payment or delivery required to be made by you under this Agreement, the User Agreement or otherwise);
(c) you fail to promptly provide Gate with any documentation requested for the purposes of any:
(i) “know your customer” checks, including, without limitation, documentation required for the purposes of verifying your identity, place of address, legal authority/capacity and client classification status; and/or
(ii) credit checks, anti-money laundering requirements or any other internal assessments conducted by Gate and/or Gate determines that you have failed to successfully pass or otherwise satisfy any “know your customer” checks, credit checks, anti-money laundering requirements or any other internal assessments conducted by Gate;
(d) (in the event that you are an individual), you become deceased, bankrupt or commence action (or have any action commenced against you) to place you into bankruptcy or personal insolvency or you are otherwise unable to pay your debts as and when they fall due;
(e) (in the event that you are acting on behalf of a partnership) any of the partners thereof shall become deceased, bankrupt or commence action (or have any action commenced against them) to place them into bankruptcy or personal insolvency or are otherwise unable to pay their debts as and when they fall due or if any action is commenced to dissolve the partnership;
(f) (in the event that you are acting on behalf of a corporation) the corporation shall be unable to pay its debts as and when they fall due, or action is commenced to place the corporation in insolvency, judicial management, receivership, administrative management, or any similar or analogous proceedings;
(g) any investigation, claim, action or proceeding of any nature is commenced against you (including without limitation investigation into suspected market abuse, manipulation or other criminal conduct), you have breached applicable laws or steps are taken by any person to enforce any security interest against you;
(h) you convene a meeting of your creditors or propose or make any compromise or arrangement with or any assignment for the benefit of your creditors;
(i) Gate has reasonable concerns in relation to your creditworthiness, financial status or verification of your identity (including, without limitation, any verification of your place of residence or place(s) from which you are accessing the Pre-Market Trading Services);
(j) Gate determines in its sole and absolute discretion that you have acted in an abusive manner to any representative of Gate;
(k) you directly or indirectly participate in this Pre-Market Trading Services with more than one Account;
(l) unless alternative arrangements have been made between you and Gate with reference to a specific absence by you, at any time Gate is not able to contact you within 24 hours using reasonable means and contact points known to Gate;
(m) Gate forms the view, in good faith, that it should take action in order to preserve its rights or interests under any Accounts or under its relationship with you;
(n) Gate reasonably believes that any of the circumstances set out under clauses 3.1(a) to 3.1(m) above are likely to happen and Gate also reasonably believes that any action described in clause 3.2 below is necessary, desirable or expedient to protect its interests or the interests of Gate’s other clients;
(o) a manifest error (that is, any error, omission or misquote (whether an error is from us or any third party that we assign) which is manifest or palpable, including a misquote by any of our representatives taking into account the current market and currently advertised quotes, or any error of any information, source, official, official result or pronunciation; or
(p) a credible allegation of fraud, misconduct, embezzlement, money laundering, insider trading, market manipulation abuse or other material illegality, breach of regulation or impropriety is made against you (whether by Gate or a third party) or Gate otherwise reasonably believes that you have used the Pre-Market Trading Services with improper intent, which Gate, acting in good faith and a commercially reasonable manner, believes could reasonably result in reputational harm to Gate, compromise the integrity of the markets maintained by Gate and/or result in losses being sustained by other users.
(a) Without prejudice to any other right of Gate hereunder or otherwise at law, in the event a Trigger Event has occurred, Gate may (but is not obliged to) immediately or any time thereafter whilst your default of this Agreement is continuing, do any one or more of the following without prior notice:
(i) suspend (temporarily, indefinitely or otherwise) cancel or terminate any Account, any Services provided to you and/or Gate’s broader relationship with you or prohibit you from opening any Account and/or accelerate any and all of your liabilities to Gate (including any and all fees, interest, commission, and charges owed by you to Gate) so that they shall become immediately due and payable;
(ii) unwind or reverse any Orders and/or Executed Orders, freeze any or all amounts allocated to your Account, and/or deduct any amounts allocated to your Account;
(iii) rectify any error in your Account at any time and void or reverse any Executed Orders;
(iv) liquidate, accelerate, and/or close out any outstanding Orders (including any Orders and/or Executed Order which has yet to be settled on the date on which Gate terminates such Order and/or Executed Order) by determining its value in good faith and in its absolute discretion as of the date of such liquidation, acceleration or close-out as soon as practicable thereafter;
(v) at such times and manner as Gate may reasonably determine based on, but not limited to, market conditions and portfolio health, sell or otherwise transfer any Pre-Market Assets or other property which Gate may hold for you or which has been transferred to Gate by you and apply the proceeds to the discharge of your obligations, subject to Gate’s rights to set-off and net amounts owed as between you and Gate as set out under this Agreement or otherwise under the User Agreement or applicable laws;
(vi) apply any amounts of whatsoever nature standing to your credit against any amounts which you owe Gate or the Counterparty (of whatsoever nature and howsoever arising, including any contingent amounts), or generally to exercise Gate’s rights of netting and set-off as set out under this Agreement or otherwise under the User Agreement or applicable laws;
(vii) demand any shortfall after the application of clause 3.2(a)(vi) above from you, or hold any excess pending full settlement of any other of your obligations, or pay any excess to you by way of any methods deemed appropriate by Gate;
(viii) restrict your ability to withdraw any Pre-Market Assets and/or Digital Assets from any Account;
(ix) do or omit to do anything which Gate reasonably believes to be necessary, desirable or expedient to protect Gate or its other clients; and/or
(x) exercise such other authority and powers that may have been conferred upon Gate by this Agreement and/or the User Agreement.
(b) To the extent permitted under applicable laws, you will be responsible for the reasonable costs and expenses of collection of any unpaid deficiency in your Account including, but not limited to, legal counsel’s fees incurred and payable or paid by Gate, and shall be responsible for any other reasonable costs and expenses incurred by Gate in exercising any of its rights under this clause 3 in relation to any Trigger Event.
(c) You understand and agree that we shall not to the maximum extent permitted by law, be liable to you for any losses caused by the exercise of our rights under Clause 3.2.
(a) You acknowledge that trading with respect to Pre-Market Assets is a highly speculative activity involving highly leveraged and rapidly fluctuating markets. Despite such risks, you acknowledge, understand and agree that you are willing and able to assume the financial risks and other hazards of trading with respect to Pre-Market Assets and agree that you will in no manner hold Gate responsible for losses howsoever incurred by you under or in connection with this Agreement, the User Agreement or otherwise.
(b) You acknowledge and agree that no information provided by Gate, notwithstanding whether included in this Agreement or any other document or statement, shall be deemed as business, legal, financial or tax advice. You may and should consult your own business, legal, financial or tax advisers regarding especially, inter alia, the particular opportunities, risks, obligations or further costs arising from the reception of and in connection with Digital Assets under the Pre-Market Trading Services. We are not your broker, dealer, agent or consultant. You acknowledge and agree that for any transactions or other decisions or activities through which you use any Pre- Market Trading Services, Gate does not have a fiduciary relationship with or fiduciary duty towards you. No communication or information provided by us to you, notwithstanding whether included in this Agreement or any other document or statement, shall be deemed, considered or interpreted as investment, business, legal, financial, tax, trading, or any other type of advice. You shall determine whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial condition and risk tolerance, and you shall be solely responsible for any and all losses or liabilities. You should consult your own business, legal, financial or tax advisors regarding especially, inter alia, your particular opportunities, risks, obligations or further costs arising from using the Pre-Market Trading Services. Gate does not make any recommendations to you regarding whether to buy, acquire, sell, transfer or hold any Pre-Market Assets. Before making a decision to buy, sell, transfer or hold any Pre-Market Assets, you shall conduct due diligence and consult your financial advisor. We shall not be responsible for your decision to buy, sell, transfer or hold Pre-Market Assets based on the information provided by the Platform.
(c) In addition and without prejudice to any other right or remedy which Gate may have under this Agreement, the User Agreement, applicable laws or otherwise, so long as Gate acts in good faith, it shall not be liable to you in any respect for any loss suffered by you, including, without limitation, any loss resulting from default, insolvency or analogous proceedings of, or action or inaction by any intermediary (including wrongful or unlawful action or inaction) or howsoever otherwise suffered and/or
incurred by you under or in connection with this Agreement and/or the User Agreement. Gate shall only be liable to you if Gate is proven to have been fraudulent or to have acted in willful default.
(d) Without prejudice to the generality of the foregoing, Gate shall not in any event be liable to you for any indirect or consequential loss, or for any anticipated profits or punitive damages.
You represent, warrant, agree and undertake that:
(a) you have full capacity and authority and have obtained (and will maintain) and are in compliance with all necessary authorisations, consents, licenses or approvals (whether under applicable laws or otherwise) required to:
(i) accept and agree to the terms of this Agreement;
(ii) receive and/or use the Pre-Market Trading Services;
(iii) to initiate any Orders;
(iv) to enter into Executed Orders;
(v) to open, maintain and/or continue to maintain a Account with Gate; and
(vi) to transfer Collateral to Gate;
(b) you have made your own independent decisions to accept the terms of this Agreement, open and maintain an Account(s), to receive the Pre-Market Trading Services and to initiate or issue Orders from time to time and decide as to whether the Pre-Market Trading Services are suitable or appropriate for you or the entity for whom you are acting based on your own judgment and advice from advisers as you deem necessary. You are not relying on any communication (whether written or oral) from Gate as investment advice or as a recommendation to enter into any transactions in relation to the Pre-Market Assets or as an assurance or guarantee of any expected results of such transactions or any Orders;
(c) you have read and understood all the terms and conditions of this Agreement and on relevant pages of the Sites and accept the conditions and limitations for each and every service available to you in connection with the Pre-Market Trading Services;
(d) you are not an employee of any governmental or self-regulatory organization in any jurisdiction, including any exchange or a member firm thereof, or engaged in the business of dealing (either as agent or principal), that prohibits you from establishing a relationship with Gate, in dealing in any of the Pre-Market Assets traded in connection with your Account, and you shall promptly notify Gate if you become so employed;
(e) you shall comply with all applicable laws and regulations and cease to access any Services where such compliance becomes impossible;
(f) you do not reside in the Restricted Locations as per set out in User Agreement, or in
any other jurisdictions in which Gate has restricted the offering of the Pre-Market Trading Services provided under this Agreement;
(g) unless you specifically notify Gate and Gate agrees, no person other than you has any interest in your Account or in connection with your use of our Pre-Market Trading Services;
(h) except with the express written consent of Gate, and except for any security or encumbrance created hereunder, no person has or will have any security or other encumbrance over your Account and/or any Digital Asset held in your Account;
(i) any Order placed or any other dealings with respect to your Account is solely and exclusively based on your own judgment and after your own independent appraisal and investigation into the risk associated with such Orders and your own independent determination of the Order being specifically suitable for you based on your own assessment of your financial resources, ability and willingness to take relevant risks and financial objectives;
(j) Gate shall not be under any duty or obligation to inquire into the purpose or propriety of any Order and shall be under no obligation to accept or execute any Order;
(k) any person(s) empowered to act on your behalf have been duly authorized;
(l) you have complied and shall comply with all applicable laws in all jurisdictions relevant to your Account, any Orders or other service or facility provided or made available by Gate to you;
(m) all information and/or documents provided by you or on your behalf to Gate in connection with the services contemplated under this Agreement are true, accurate, complete and not misleading in any and all respects, and nothing has been concealed from Gate which may have a material bearing on Gate’s decision to provide or continue to provide any of the services under this Agreement; and
(n) you shall not knowingly or recklessly permit the use of Gate’s Services, facilities or membership in a manner which is in the opinion of Gate liable to bring Gate into disrepute, impair the dignity or degrade the good name of any of the foregoing. You shall not knowingly or recklessly create or maintain or exacerbate manipulations (or attempted manipulations), corners (or attempted corners) or violations of any applicable laws (or arrangements, provisions or directions made or given thereunder), or otherwise act in a manner substantially detrimental to the interests or welfare of Gate or any of its other users.
The above representations, warranties, agreement and undertakings shall be deemed repeated whenever you place Orders or enter into any transactions in relation to the Pre- Market Assets.
Each warranty and representation in this Agreement is construed independently and is not limited by reference to another warranty or representation.
You acknowledge and agree that Gate provides the Pre-Market Trading Service to you in
reliance on the warranties, representations and undertakings provided hereof.
In addition and without prejudice to any other right or remedy of Gate under the applicable laws, the User Agreement or otherwise (but without duplication), you hereby agree to release Gate and its affiliates from liability for any and all losses, and you hereby agree to at all times defend, indemnify, keep indemnified and hold Gate and its affiliates and any of its and their directors, officers, employees, service providers, and agents harmless from and against any and all loss suffered or incurred by Gate which arises (whether directly or indirectly) out of, in the course of or in connection with:
(a) any breach of terms, representations or warranties or any failure by you to comply with any provision of this Agreement or applicable laws;
(b) Gate acting in accordance with your Orders and/or Executed Orders or in any manner permitted under this Agreement and/or the User Agreement;
(c) your violation of any laws or regulations of applicable jurisdiction(s) or the rights of a third party and/or the actions or inactions of any third party to whom you may grant permission to use your account or access our website, software, and/or system of Gate (including any network and servers used to provide any of the Pre-Market Trading Services) operated by us or on our behalf, or any of Pre-Market Trading Services on your behalf;
(d) any changes in any applicable laws that impact the provision of the Pre-Market Trading Services to you (or use thereof); and/or
(e) any act or thing done or caused to be done by Gate in connection with or referable to this Agreement, the User Agreement or your Account.
You shall further indemnify, keep indemnified and hold harmless Gate any of its directors, officers, employees, service providers, and agents for any and all expenses, costs and legal fees (on a full indemnity basis) incurred, including but not limited to expenses, costs and legal fees incurred for producing records, and information, or payment made (whether such payment is or was or is to be made in settlement of any proceedings or in connection with any ruling, judgment, order or award) by any of them in connection with any investigations or proceedings (whether legal, regulatory, arbitration or other proceedings) brought against it in connection with clauses 5(a) to (e) above. You shall provide any and all reasonable assistance to Gate in connection with such investigations or proceedings.
Apart from any risks disclosed in the User Agreement, on our Sites and through our communications to you from time to time in relation to Pre-Market Assets and markets, the following risks are likely to be associated with the Pre-Market Trading Services and your transactions of Pre-Market Assets:
(a) Market Risks
You acknowledge that Pre-Market Asset transactions carry inherent market risks, including but not limited to significant price volatility. Such volatility can arise from market demand fluctuations, technological advancements, changes in market
sentiment, and macroeconomic factors. You accept that this volatility may affect the value of Pre-Market Assets both positively and negatively, and you enter into transactions with full awareness of the possibility of rapid and substantial asset value changes.
(b) Regulatory Risks
The regulatory environment governing Pre-Market Assets and Digital Assets is subject to ongoing evolution and change. Such regulatory changes, including but not limited to the imposition of new compliance requirements, restrictions, or outright bans on the trading of certain assets, may materially impact the value, legality, and transferability of Pre-Market Assets. You agree to bear all risks stemming from legal and regulatory modifications and confirm that we bear no liability for losses arising from such changes.
(c) Operational Risks
There may be potential delays or interruptions in the operation of the Sites due to various factors including but not limited to technical malfunctions, maintenance periods, or cybersecurity incidents. While Gate takes reasonable measures to ensure the continuity and security of its operations, You accept that such risks may result in delayed transactions or loss of access to their assets or accounts on a temporary basis.
(d) Listing and Settlement Risks
The Listing of Pre-Market Assets may be delayed or canceled by Gate or the issuer of such Pre-Market Assets at any time. Additionally, there may be unforeseen circumstances that could prevent timely settlement of transactions. You understand and agree that the Settlement Period may vary or be delayed in some circumstances, including but not limited to events of extreme market volatility, network delays, a significant number of simultaneous instructions to redeem from other users, or any other unanticipated events. You understand that such delays or cancellations may adversely affect the value of Pre-Market Assets and your Purchase Price or Collateral may be held on the Platform longer than intended. You will not be able to make any returns, transfers, or other instructions regarding Collateral or Purchase Price and that Gate shall not be liable for any losses or damages incurred as a result of these listing and settlement risks.
(e) Liquidity Risks
Pre-Market Assets may have limited liquidity which can lead to substantial slippage in prices or the inability to buy or sell the desired amount of assets without a significant impact on market prices. Gate does not guarantee the liquidity of any Pre-Market Asset and you must consider the potential for illiquidity when entering into Orders and related transactions.
(f) Counterparty Risks
In any Pre-Market Asset transaction, there is a risk that the counterparty may default on their obligations under the terms of the Executed Order. While Gate employs mechanisms such as the Collateral requirement and Early Termination Penalty to mitigate such risks, it cannot provide an absolute guarantee that counterparty risk
can be eliminated.
(g) Risk of Loss
In engaging in Pre-Market Asset transactions, you acknowledge that they are doing so at their own risk and that they bear full responsibility for any loss of capital that may occur. You shall carefully assess their financial circumstances and risk tolerance before entering into transactions and to consider seeking advice from financial, legal, and tax advisors.
(h) Inability to trade Supported Assets
While the Supported Assets of your Account are placed as Collaterals or Purchases Price in an Order or Executed Order, you may suffer loss from the risks associated with the inability to trade such Supported Assets. You are willing to bear the funding risks and potential losses caused by depositing the Supported Assets and using the Pre-Market Trading Services.
(i) Other risks
Other risks inherent in the use of Pre-Market Trading Services include but are not limited to the limitation of your (or even any person’s) ability to predict correctly how particular Pre-Market Assets will change in value and the impact on Settlement. You must carefully assess your own ability to initiate any Orders or enter into any transactions under the Pre-Market Trading Services.
(a) You understand and agree that we may retain and store your personal information and relevant data collected during your use of our Pre-Market Trading Services and in connection with your Gate Account for such prescribed period of time after the closure of your Account in accordance with our Privacy Policy (available at https://www.gate.io/privacy-policy), our internal data protection rules and polices and/or all applicable laws, and/or for the purpose of compliance with any accounting or reporting obligations and/or our legal obligations under any financial or anti-money laundering laws for as long as required under such laws, or required for the purpose of any dispute resolutions.
(b) Content that you post on our Sites such as support desk comments, photographs, videos, posts, and other content may be kept after the termination of this Agreement for audit and crime prevention purposes (e.g. to prevent a known fraudulent actor from opening a new account).
(c) Recording of our telephone calls with you may be kept for a period of up to six years or such period of time as required by applicable laws. This means that we may still retain the recording of our telephone calls even after the termination of this Agreement.
(a) YOU EXPRESSLY AGREE THAT YOUR USE OR NON-USE OF THE PRE-MARET TRADING SERVICES AND RELATED SERVICES ARE AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY UNDER THIS
AGREEMENT. ALL PRODUCTS AND SERVICES PROVIDED TO YOU THROUGH THE PRE-MARKET TRADING SERVICES AND RELATED SERVICES PROVIDED TO YOU ARE STRICTLY OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND GATE.IO AND ITS AFFILIATES OR ITS SERVICE PROVIDERS OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES TO YOU OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, NO ERRORS OR OMISSIONS, CONTINUITY, ACCURACY, RELIABILITY OF THE PRE-MARKET TRADING SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. GATE.IO DOES NOT MAKE ANY UNDERTAKINGS AND WARRANTIES FOR THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR TIMELINESS OF THE TECHNOLOGY AND INFORMATION IN CONNECTION WITH THE PRE-MARKET TRADING SERVICES OR OTHER SERVICES PROVIDED BY GATE.
(b) NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY OF EITHER PARTY FOR FRAUD, DEATH OR BODILY INJURY CAUSED BY GROSS NEGLIGENCE, VIOLATION OF LAWS, OR ANY OTHER ACTIVITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW OR REGULATIONS.
(c) You agree and accept that the aggregate liability of Gate shall not exceed the Fees that Gate received from you when this Agreement is terminated.
(d) You agree and accept that if the Platform cannot function properly or the Services is interrupted arising from the following conditions, such that you are unable to use the Services or cannot make commands or perform related trading operations, including but not limited to failure, delay, interruption, no system response, delayed system response or any other abnormal circumstances, Gate and its affiliates shall not be liable for any losses. These circumstances include but are not limited to:
(i) Service suspension for maintenance;
(ii) Hacker attack(s) on Gate for purposes including but not limited to stealing user account passwords, secret keys, API key(s), and other information, that result in losses caused by illegal hacking into the user’s accounts and / or illegal transfer of Digital Assets;
(iii) System failure to transmit data as a result of telecom equipment failures;
(iv) Force Majeure events or accidents, such as but not limited to typhoons, earthquakes, tsunamis, flooding, plagues, epidemics, power outage, war, turmoil, government actions, terrorist attacks and any other events that may lead to the suspension of Gate and/or its Services;
(v) Service interruption or delay arising from hacking, computer virus, technical adjustment or failure, website upgrades, banking issues, temporary closure arising from government regulations and any other reasons;
(vi) Service interruption or delay caused by the Platform’s computer system being damaged, defective or unable to perform normally;
(vii) Losses arising from technical problems that cannot be predicted or solved by existing technical forces in the industry;
(viii) Losses suffered by you or other third parties arising from the fault or delay of the third party;
(ix) Losses suffered by you or other third parties arising from changes in applicable laws;
(x) Losses suffered by you or other third parties arising from force majeure events or accidents caused by other objectively unforeseeable, unavoidable and/or unsolvable circumstances;
(xi) Other Losses not attributable to Gate due to external uncontrollable events.
(a) Force Majeure. Gate shall not be liable for any inaccuracy, error, failure, delay in, or omission of (i) any information, (ii) the transmission or delivery of information, or (iii) carrying out its obligations under this Agreement; any loss or damage in any and all cases arising from any event beyond Gate’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, terrorist attacks, market failure or disruption, telecommunications or network breakdown or disruption, communications, power failure, attacks on the security, integrity or operation of the Account, or equipment or software malfunction or any other cause beyond Gates’s reasonable control.
(b) Translation. Gate may in its sole and absolute discretion translate this Agreement into a language other than the English language. You agree that any such translation shall be for your convenience and reference only and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
(c) Amendments. Gate reserves the unilateral right to alter, revise, modify, and/or amend this Agreement and the terms, conditions, and specific features of the Pre-Market Trading Services including, without limitation, the Pre-Market Trading Period, transaction fees, Collateral requirements, and any other procedural or substantive aspect of the Pre-Market Trading Services as it deems necessary or desirable without prior notice to you. Such amendments shall be made in accordance with prevailing industry standards, operational requirements, and in response to feedback, technological advancements, or strategic direction changes. Any such amendments will take effect immediately upon being published on the Sites. It is your responsibility to regularly check relevant pages on the Sites to confirm the latest version of this Agreement. We may but are not obligated to notify you of updates to this Agreement via email or website announcement. Your continued access and use of the Sites and any Services following any amendments to this Agreement shall indicate your acceptance of such amendments. If you do not agree to any such amendments, you should immediately terminate your access to your Account and cease to use any of the Pre-Market Trading Services.
(d) Severability If any provisions of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired in any way. However, if any provisions of this Agreement shall be invalid, illegal or unenforceable under any such applicable law in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be invalid, illegal or unenforceable only to the extent of such invalidity, illegality or limitation on enforceability without affecting the remaining provisions of this Agreement, or the validity, legality or enforceability of such provision in any other jurisdiction.
(e) Assignment. You may not assign or transfer any right or obligations under this
Agreement without prior written consent from us, including any right or obligation related to the enforcement of laws or the change of control. We may assign or transfer any or all of its rights or obligations under this Agreement, in whole or in part, without notice or obtaining your consent or approval.
(f) Waiver. No failure or delay by Gate in exercising any right, power or remedy it is entitled to under this Agreement or by stipulation of law or regulation shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of such rights, power or remedies.
(g) No offer to U.S. persons. The content contained on the Sites does not constitute an offer or sale of securities in or into the United States, or to or for the account or benefit of U.S. persons, or in any other jurisdictions where it is unlawful to do so. Transfer of tokens may be subject to legal restrictions under applicable laws. Under no circumstances shall the tokens be reoffered, resold or transferred within the United States or to, or for the account or benefit of, U.S. persons, except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the U.S. Securities Act of 1933, as amended. Any public offering of the tokens to be made in the United States will be made by means of a prospectus that may be obtained from the issuer or the selling digital asset holder and that will contain detailed information about the company and management, as well as financial statements.
(h) Final Decision. For any matters not covered by this Agreement, we reserve the sole and final discretion of final interpretation to the maximum extent permitted by applicable laws.