Terms & Conditions
Terms

These Terms of Service ("Terms") set out the conditions under which Millennium Mind OU ("NYDAX") offers the use of its trading platform (the "Platform") to Users (Users are described in Section 7 of these Terms and are referred to in these Terms as "Users", "you", "your").

You should read the entire Terms and Conditions carefully before you use this Platform or any of the services of this website. As used herein, "NYDAX" refers to the company Millennium Mind OU, including without limitation thereby, its owners, directors, investors, employees or other related parties.

Your use of the Platform indicates your acceptance of and agreement with these Terms. Depending upon context, "NYDAX" may also refer to the services, products, site, content or other materials (collectively, "Materials") provided by NYDAX.

The Service operated by NYDAX allows buyers ("Buyers") and sellers ("Sellers"), to buy, sell and transfer the cryptocurrencies Bitcoin, Ripple, Ether, Bitcoin Cash, Litecoin, INVO (known as "digital currencies" from herein). Depending on the Users country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and Services.

As long as you agree to and actually comply with these Terms and Conditions, NYDAX grants to you a personal, non-exclusive, non-transferable, and limited right to enter and use the Site and the Service. If you do not accept the terms and conditions outlined in this agreement, do not access this site and do not use this service.

By opening an account to use the Service ("Account"), Users expressly represent and warrant that you have accepted these Terms.

By registering to use the Platform you agree to be bound and have accepted our Privacy Policy and Anti-Money-Laundering Policy, as well as any rules, statements, instructions, etc. that we may publish from time to time.

Risks

Holding and trading digital currencies carries a high level of risk and may not be suitable for all investors. Before deciding to hold or trade digital currencies you should carefully consider your objectives, financial situation, needs and investment experience.

You should carefully consider and evaluate each of the following risk factors and all other information contained in these Terms before deciding to purchasing digital currencies via the platform.
By using the NYDAX platform, you acknowledge that you are aware of the risks associated with digital currency transactions, including but not limited to:-

Digital currencies are not offered by any government, financial institution, corporation or the Platform, nor are they backed by any government or other legal entities, or by commodities such as gold or silver;

Digital currency transactions are highly risky, due to the fact that they are traded throughout the day without limits on the rise or fall in price, and market makers and global government policies may cause major fluctuations in their prices;

Digital currency transactions may be suspended or prohibited at any time due to the enactment or modification of national laws, regulations and regulatory policies

Digital currencies may not be transferrable for value or accepted for transfer for value or payment of goods and services by any third party;

Digital currencies and/or other data held by NYDAX on your behalf may be lost if you or the NYDAX or any third party holding the digital currencies on behalf of NYDAX is subject to system / hardware failure, unauthorised access or a fraud event, and in general you bear the risk of that loss.

There may be additional risks that we have not foreseen or identified in our Terms and Conditions. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading digital currencies.

Eligibility for Registration

By signing up as a User of NYDAX, you confirm and acknowledge that:


You are a natural person over the age of 18, an Authorised Agent or other organisation with the ability to enter into an agreement

All digital currencies involved in your transactions through the Platform are legally acquired and owned by you;

The information provided by you at the time of Registration is true and accurate and you will update your Registration information if it changes, in a timely and accurate manner;

The mobile phone details provided by you on Registration are registered in your name;

You agree to comply with any and all relevant laws, including the reporting to the relevant tax authorities of any income, gains and transactions for tax purposes and acknowledge NYDAX has no obligation to inform you of such laws or applicable taxes;

This Agreement is only binding on the rights and obligations between NYDAX and you and NYDAX is not a party to any transactions of digital currencies between you and other Users of the Platform, and between other websites / companies and you; and

You are not a citizen, resident or national of the United States of America, Canada, Venezuela, Cuba, North Korea, Iran, Pakistan, Syria and Crimea. USE OF THE SERVICE BY CITIZENS, RESIDENTS OR NATIONALS OF THE ABOVE COUNTRIES IS PROHIBITED.

NYDAX reserves the right at their discretion to prevent citizens, residents or nationals of countries not mentioned above from being granted access to use of the Platform.

Liability

You indemnify NYDAX for any losses, costs, expenses or similar should you breach this Agreement or any applicable law, regulation or regulatory policy, including all costs and expenses relating to damage or loss (including consequential loss) incurred by NYDAX or its related bodies corporate arising or flowing from such breach (including legal or consultancy fees, among others).

To the full extent permitted by law, NYDAX is not liable for any damages, losses, costs, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, loss of digital currency or any other direct, indirect or consequential loss to any person including the User arising out of any use of the Platform, NYDAX acting or failing to act on any Instruction, any Transaction, any failure of the Platform, any error or failure or lack of any security measures by NYDAX or any third party including in relation to storage or transfer of digital currencies by or on behalf of NYDAX or for any other reason, except to the extent the loss is directly caused by the NYDAX's fraud or wilful default. NYDAX shall not be liable for any loss as a result of cancelling in whole or in part a User's Instructions.

Use of Third Parties

NYDAX will not be liable for any breakdown, delay or interruption to the Internet connection, or if for any reason the Platform or website is unavailable at any time or for any period.

Where NYDAX website contains links to other sites and resources provided by third parties, these links are provided for your information only. NYDAX have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Digital Currency Trading Rules of Use

In signing up to registration, Users comply with the following rules for digital currency transactions. The NYDAX Platform will enable a User to place digital currency transaction buying and/or selling orders. NYDAX supplies a digital currency wallet which you can use to make digital currency transactions through the Website.

By submitting a Transaction Request, you authorise NYDAX to initiate the digital currency Transaction on your behalf. The Platform will automatically match you with another User (or other trader) when the User submits a Transaction Proposal that meets your price quotation, with matching occurring in the order Transaction Requests were placed NYDAX will then complete the digital currency transaction, without prior notice to you.

Where a transaction is unable to be fully matched and completed, NYDAX will not automatically cancel the partially filled Transaction Request / Transaction Proposal. The remainder of the transaction will await future digital currency Transactions. As a User, you have the right to revoke or modify a digital currency transaction request through the Website at any time before the relevant digital currency transaction concludes.

A Users Account will be subject to the fees described on the NYDAX Website.

Transfers of fiat and digital currency

Deposits and withdrawals of fiat (i.e. EUR and those listed on the website) are made within the Platform. Upon signup, the Platform designates a fiat deposit address (banking address) for a User to utilise depending on the fiat type. A User will be able to send to NYDAX approved fiat currency types to this designated deposit address.

Deposits and withdrawals of digital currencies are made within the Platform. Upon signup, the Platform designates a digital currency deposit address for each User, which is specified by reference to digital currency type (e.g. Bitcoin, Ethereum, Invo). A User will be able to send NYDAX-approved digital currency types to this designated deposit address. Users must not disclose their designated deposit address to any person other than when transferring digital currencies to or from their Account.

Users acknowledge that:

The networks by which digital currencies and fiat currencies transfers occur are operated by third parties and are outside of the Platform. NYDAX gives no guarantee of and takes no liability for the security of the digital currency and fiat currency transfer networks.

The speeds of the digital currency transfer networks are outside the control of the Company.

Availability

All services are provided without warranty of any kind, either express or implied. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide Users with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information. We will use reasonable endeavours to ensure that the Site can normally be accessed by Users in accordance with these Terms and Conditions. We may suspend use of the Platform for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in an emergency.

Intellectual Property

All intellectual property rights vested in texts, images or any other content found on or related to the Platform are owned by NYDAX.

Users may not engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit software, or other licensed materials without the appropriate authorization from the rights holder; use of NYDAX intellectual property, name, or logo, including use of NYDAX trade or service marks, without express consent from NYDAX or in a manner that otherwise harms NYDAX or the NYDAX brand; any action that implies an untrue endorsement by or affiliation with NYDAX.

NYDAX may take any action available in law or equity to protect its intellectual property and to remedy any breach or potential breach of its rights, including by seeking an injunction to prevent a breach of its rights.

Termination

You agree that NYDAX may limit, suspend or terminate your account, use of the Service, or the processing of any digital currency transaction, at any time in its sole discretion. The Company may suspend or terminate a User's Account at any time immediately upon written notice to the User for any reason, including without limitation for:

Attempts to gain unauthorised access to the Platform or another User's Account or providing assistance to others attempting to do so;

Overcoming software security features limiting use of or protecting any content;

Using the Platform to perform illegal activities such as money laundering, terrorism financing, paying of ransomware, online gambling or other criminal activities;

Violations of these Terms;

Failure to pay or fraudulent payment for Transactions;

Unexpected operational difficulties; or

Requests by law enforcement or other government agencies;

Abusive behaviour.

After the termination of this Agreement, you do not have the right to require the Platform / website to continue to provide you with any Service or perform any other obligation, including, but not limited to, requesting the Platform / website to keep or disclose to you any information in your Member Account, or to forward to you or any third party any information therein that is not read or sent.

The suspension of an Account shall not affect the payment of the commissions due for past Transactions. NYDAX also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our Site or Service. Members agree that NYDAX will not be liable to them or to any third party for termination of their Account or access to the Site.

Users should retain its own records of your digital currency transactions and any transaction requests in the event you may require them in the future. You may need to produce your records for the purposes of taxation.

Within a reasonable period after termination of this Agreement, we will transfer to you all digital currencies we hold for you, after deduction of any amounts you owe us under this Agreement and subject to any applicable laws which would prevent us from transferring the digital currencies to you.

Governing Law

These Terms and User's use of the website and the Platform will be governed by the laws of Estonia. All Users submit to the non-exclusive jurisdiction of the courts of Victoria.

Severability

If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the provision will be enforceable to the maximum extent permissible and the remaining provisions remain in full force and effect.

Force Majeure

If NYDAX is unable to perform the Services outlined in the Terms and Conditions due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to You with respect to the Services provided under this agreement and for a time period coincident with the event.

Modification of Terms

NYDAX reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.