Updated as of 1 March 2018
since they provide important information about how our services work. Please note that we refer to our online
service where you can execute trades as “TiDeal”.
TiDeal provides you with a secure, efficient and easy way to trade one type of digital asset for another type of
digital asset. TiDeal provides you with a platform that matches your trades with open orders from other
users of our services at your direction. Users are not able to predetermine a trade with a particular user or
with a particular account. Additionally, an order may be partially filled or may be filled by multiple matching
Eligibility and Acceptable Use
You must meet certain eligibility criteria to use TiDeal. For instance, you must be an adult and there are certain
locations from which you may not be able to use some or all of TiDeal. Additionally, there are certain things
you cannot perform when using TiDeal, such as engage in illegal activities, lie, or perform anything that would
result in damage to our services or systems. Please read the acceptable use section for more details.
Engaging in trades may be extremely risky, especially if you use sophisticated trading options. Please do not use
TiDeal or any of the trading options if you do not understand these risks.
Other Important Legal Terms
our limitation of liability and warranty disclaimers, and your agreement to arbitrate most disputes. Please take
the time to read these terms carefully. You can always contact us through support if you have any questions [email protected]
operated and maintained by Tide Global Exchange Technology Limited and its wholly owned subsidiaries (collectively,
“TiDeal”, “we”, or “us”), and the trading services provided by TiDeal as
described in these Terms (collectively, our “Services”).
1. Key Definitions
Capitalized terms not otherwise defined in these Terms will have the following meaning:
1.1. “External Account” means any Digital Asset Account: (i) from which you may load Funds into your
TiDeal Account, and (ii) to which you may push Funds from your TiDeal Account.
1.2. “Financial Account” means any financial account of which you are the beneficial owner that is maintained
by a third party outside of the Services, including, but not limited to third-party payment service accounts
or accounts maintained by third party financial institutions.
1.3. “Funds” means Digital Asset.
1.4. “TiDeal Account” means a user account accessible via the Services where Funds may be stored by TiDeal
on behalf of a user.
1.5. “Digital Asset” means Bitcoins, Ethereum and other digital mediums of exchange that may be
purchased, sold or traded via the Services.
1.6. “Digital Asset Account” means any Digital Asset address or account owned or operated by you that
is maintained outside of the Services, and is not owned, controlled or operated by TiDeal.
2.1. TiDeal may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use
of the Services from certain jurisdictions (“Restricted Locations”).
2.2. You further represent and warrant that you: (a) are at least 18 years old; (b) have not previously been suspended
or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing
so will not violate any other agreement to which you are a party; (d) using our platform in your own name and
for your own benefit; (e) are not located in, under the jurisdiction of, or a national or resident of any Restricted
Locations; and (f) will not use our Services if any applicable laws in your country prohibit you from doing so
in accordance with these Terms.
2.3. Additionally, by agreeing to this terms you certify that you pursue participation in blockchain-based networks
as a part of your professional activity.
3. TiDeal Account
3.1. Number of TiDeal Accounts. TiDeal may, in its sole discretion, limit the number of TiDeal Accounts that you
may hold, maintain or acquire.
3.2. TiDeal Account information and security. In order to engage in any trades via the Services, you must create
a TiDeal Account and provide any requested information. When you create a TiDeal Account, you agree to: (a) create
a strong password that you do not use for any other website or online service; (b) provide accurate and truthful
information; (c) maintain and promptly update your TiDeal Account information; (d) maintain the security of your
TiDeal Account by protecting your password and restricting access to your TiDeal Account; (e) promptly notify
us if you discover or otherwise suspect any security breaches related to your TiDeal Account; and (f) take responsibility
for all activities that occur under your TiDeal Account and accept all risks of any authorized or unauthorized
access to your TiDeal Account, to the maximum extent permitted by law.
5. General Obligations
This Section 5 applies to: (i) all trades completed via the Services, (ii) your purchase and/or sale of Digital Assets
directly from TiDeal via the Services, and (iii) any transaction in which you load Funds into your TiDeal Account
from your External Account or push Funds from your TiDeal Account into an External Account.
5.1. Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any trade submitted via
the Services, impose limits on the trade amount permitted via the Services or impose any other conditions or
restrictions upon your use of the Services without prior notice. For example, we may limit the number of open
orders that you may establish via the Services or we may restrict trades from certain locations.
5.2. Accuracy of Information. You must provide any information required when creating a TiDeal Account or when prompted
by any screen displayed within the Services. You represent and warrant that any information you provide via the
Services is accurate and complete.
5.3. Cancellations. You may only cancel an order initiated via the Services if such cancellation occurs before TiDeal
executes the transaction. Once your order has been executed, you may not change, withdraw or cancel your authorization
for TiDeal to complete such transaction. If an order has been partially filled, you may cancel the unfilled remainder
unless the order relates to a market trade. We reserve the right to refuse any cancellation request associated
with a market order once you have submitted such order. In contrast to exchange orders, all trades are irreversible
once initiated. While we may, at our sole discretion, reverse a trade under certain extraordinary conditions,
a customer does not have a right to a reversal of a trade.
5.4. Insufficient Funds. If you have an insufficient amount of Funds in your TiDeal Account to complete an order
via the Services, we may cancel the entire order or may fulfill a partial order using the amount of Funds currently
available in your TiDeal Account, less any fees owed to TiDeal in connection with our execution of the trade.
5.5. Taxes. It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services,
and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree
that TiDeal is not responsible for determining whether taxes apply to your trades or for collecting, reporting,
withholding or remitting any taxes arising from any trades.
6. TiDeal Account Funds
6.1. Funding your TiDeal Account. In order to complete an order or trade via the Services (as described in Section
7), you must first load Funds to your TiDeal Account using one of the approved External Accounts identified via
the Services. You may be required to verify that you control the External Account that you use to load Funds
to your TiDeal Account. You may be charged fees by the External Account you use to fund your TiDeal Account.
TiDeal is not responsible for any External Account fees or for the management and security of any External Account.
You are solely responsible for your use of any External Account, and you agree to comply with all terms and conditions
applicable to any External Account. The timing associated with a load transaction will depend in part upon the
performance of third parties responsible for maintaining the applicable External Account, and TiDeal makes no
guarantee regarding the amount of time it may take to load Funds into your TiDeal Account.
6.2. Pushing Funds to an External Account. Provided that the balance of Funds in your TiDeal Account is greater than
any minimum balance requirements needed to satisfy any of your open positions, you may push any amount of Funds,
up to the total amount of Funds in your TiDeal Account in excess of such minimum balance requirements, from your
TiDeal Account to an External Account, less any fees charged by TiDeal for such transactions (as described in
the Fee Schedule at the time of your request to push Funds to an External Account).
6.3. Load/Push Authorization. When you request that we load Funds into your TiDeal Account from your External Account
or request that we push Funds to your External Account from your TiDeal Account, you authorize TiDeal to execute
such transaction via the Services.
6.4. Rejected Transactions. In some cases, the External Account may reject your Funds or may otherwise be unavailable.
You agree that you will not hold TiDeal liable for any damages resulting from such rejected transactions.
7. Exchange Orders and Trades
This Section applies only when you use the Services to trade Digital Assets for another form of Digital Assets. TiDeal
does not purchase, sell, or exchange any Digital Assets on its own behalf.
7.1. Authorization. When you submit a new order via the Services, you authorize TiDeal to execute a transaction in
accordance with such order on a spot basis and charge you any applicable fees (as described in Section 9 below).
7.2. Independent relationship. You acknowledge and agree that: (a) TiDeal is not acting as your broker, intermediary,
agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by TiDeal
shall be considered or construed as advice.
7.3. Trade confirmation. Once the Services execute your trade, a confirmation will be electronically made available
via the Services detailing the particulars of the trade. You acknowledge and agree that the failure of the Services
to provide such confirmation shall not prejudice or invalidate the terms of such trade.
7.4. Market rates. If you select a market trade, TiDeal will attempt, on a commercially reasonable basis, to execute
the trade on or close to the prevailing market exchange rate, as defined via the Services. You acknowledge and
agree that the exchange rate information made available via our Services may differ from prevailing exchange
rates made available via other sources outside of the Services.
7.5. Market volatility. Particularly during periods of high volume, illiquidity, fast movement or volatility in the
marketplace for any Digital Assets or Legal Tender, the actual market rate at which a market order or trade is
executed may be different from the prevailing rate indicated via the Services at the time of your order or trade.
You understand that we are not liable for any such price fluctuations. In the event of a market disruption or
Force Majeure event (as defined in Section 22), TiDeal may do one or more of the following: (a) suspend access
to the Services; or (b) prevent you from completing any actions via the Services, including closing any open
positions. Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ
significantly from the rates available prior to such event.
7.6. Trade Settlement. Subject to the terms and conditions in these Terms, we will use commercially reasonable efforts
to settle trades on a spot basis within two (2) days of the date upon which users have agreed to execute a trade
via the Services.
8. Risk Disclosure
8.1. Trading risks. You acknowledge and agree that you shall access and use the Services at your own risk. The risk
of loss in trading Digital Asset pairs and Digital Asset and Legal Tender pairs can be substantial. You should,
therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial
resources. You should be aware of the following points:
All Digital Asset positions involve risk, and a “spread” position may not be less risky than an outright
“long” or “short” position.
All of the points noted above apply to all digital asset pair and digital asset and legal tender pair trading. This
brief statement cannot, of course, disclose all the risks and other aspects associated with these trades.
8.2. Internet transmission risks. You acknowledge that there are risks associated with utilizing an Internet-based
trading system including, but not limited to, the failure of hardware, software, and Internet connections. You
acknowledge that TiDeal shall not be responsible for any communication failures, disruptions, errors, distortions
or delays you may experience when trading via the Services, howsoever caused.
9.1. Amount of Fees. You agree to pay the fees for trades completed via our Services (“Fees”) as made
available via the Fees and Limits, which we may change from time to time. Changes to the Fee Schedule are effective
as of the effective date indicated in the posting of the revised Fee Schedule to the Services, and will apply
prospectively to any trades that take place following the effective date of such revised Fee Schedule.
9.2. Third-Party Fees. In addition to the Fees, your External Account may impose fees in connection with your use
of your designated External Account via the Services. Any fees imposed by your External Account provider will
not be reflected on the transaction screens containing information regarding applicable Fees. You are solely
responsible for paying any fees imposed by an External Account provider.
9.3. Payment of Fees. You authorize us, or our designated payment processor, to charge or deduct your TiDeal Account
Funds for any applicable Fees owed in connection with trades you complete via the Services.
10. Electronic Notices
10.1. Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements,
documents, receipts, notices and disclosures (collectively, “Communications”) that TiDeal provides
in connection with your TiDeal Account and/or use of the TiDeal Services. You agree that TiDeal may provide these
Communications to you by posting them via the Services, by emailing them to you at the email address you provide.
You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy.
You may also contact us through support to request additional electronic copies of Communications or, for a fee,
paper copies of Communications (as described below).
10.2. Hardware and Software Requirements. In order to access and retain electronic Communications, you will need
a computer with an Internet connection that has a current web browser with cookies enabled and 128-bit encryption.
You will also need to have a valid email address on file with TiDeal and have sufficient storage space to save
past Communications or an installed printer to print them.
10.3. Withdrawal of Consent. You may withdraw your consent to receive electronic Communications by sending a withdrawal
notice to support. If you decline or withdraw consent to receive electronic Communications, TiDeal may suspend
or terminate your use of the Services.
10.4. Requesting Paper Copies. If, after you consent to receive Communications electronically, you would like a paper
copy of a Communication we previously sent you, you may request a copy within 30 days after the date we provided
the Communication to you by contacting support. In order for us to send paper copies to you, you must have a
current street address on file with TiDeal. Please note that TiDeal operates exclusively online and it is very
burdensome for us to produce paper copies of Communications. Therefore, if you request paper copies, you understand
and agree that TiDeal may charge you a processing fee, in the amount described in the Fees and Limits, for each
page of Communication requested.
10.5. Updating Contact Information. It is your responsibility to keep your email address on file with TiDeal up to
date so that TiDeal can communicate with you electronically. You understand and agree that if TiDeal sends you
an electronic Communication but you do not receive it because your email address on file is incorrect, out of
date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, TiDeal
will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks
or re-routes emails from senders not listed in your email address book, you must add TiDeal to your email address
book so that you will be able to receive the Communications we send to you. You can update your email address
at any time by logging into your TiDeal Account or by sending such information to support. If your email address
becomes invalid such that electronic Communications sent to you by TiDeal are returned, TiDeal may deem your
account to be inactive, and you may not be able to complete any transaction via our Services until we receive
a valid, working email address from you.
11. Unclaimed Property
If for any reason TiDeal is holding Funds in your TiDeal Account on your behalf and TiDeal is unable to return your
Funds to your designated External Account after a period of inactivity, then TiDeal may report and remit such
Funds in accordance with applicable state unclaimed property laws.
12. Acceptable Use
12.1. When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property
or other third-party right or commit a tort, and that you are solely responsible for your conduct while using
our Services. Without limiting the generality of the foregoing, you agree that you will not:
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from
fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services
in any manner;
Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering;
or terrorist activities; or other illegal activities;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services
or to extract data;
Use or attempt to use another user’s account without authorization;
Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our
Services that you are not authorized to access;
Develop any third-party applications that interact with our Services without our prior written consent;
Provide false, inaccurate, or misleading information;
Encourage or induce any third party to engage in any of the activities prohibited under this Section.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, and ideas
or other information or materials regarding TiDeal or our Services that you provide, whether by email, posting
through our Services or otherwise (“Feedback”). Any Feedback you submit is non-confidential and shall
become the sole property of TiDeal. We will be entitled to the unrestricted use and dissemination of such Feedback
for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights
you may have to the Feedback (including any copyrights). Do not send us Feedback if you expect to be paid or
want to continue to own or claim rights in them; your idea might be great, but we may have already had the same
or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third
party who is claiming that any content posted by you constitutes a violation of their intellectual property rights,
or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion,
your post does not comply with the content standards set out in this section.
14. Copyrights and Other Intellectual Property Rights
14.1. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other
materials contained on our website or provided in connection with the Services, including, without limitation,
the TiDeal or TiDeal logo and all designs, text, graphics, pictures, information, data, software, sound files,
other files and the selection and arrangement thereof (collectively, “TiDeal Materials”) are the
proprietary property of TiDeal or our licensors or suppliers and are protected by international copyright laws
and other intellectual property rights laws.
14.2. We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the TiDeal Materials
for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any
resale of the TiDeal Materials; (b) the distribution, public performance or public display of any TiDeal Materials;
(c) modifying or otherwise making any derivative uses of the TiDeal Materials, or any portion thereof; or (d)
any use of the TiDeal Materials other than for their intended purposes. The license granted under this Section
will automatically terminate if we suspend or terminate your access to the Services.
15. Third-Party Content
In using our Services, you may view content provided by third parties, including links to web pages of such parties,
including but not limited to Facebook and Twitter links (“Third-Party Content”). We do not control,
endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including
without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.
In addition, your business dealings or correspondence with such third parties are solely between you and the
third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of
any such dealings, and you understand that your use of Third-Party Content, and your interactions with third
parties, is at your own risk.
16. Suspension; Termination
In the event of any Force Majeure Event (as defined in Section 22.5), breach of this agreement, or any other event
that would make provision of the Services commercially unreasonable for TiDeal, we may, in our discretion and
without liability to you, with or without prior notice, suspend your access to all or a portion of our Services.
We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and
delete or deactivate your TiDeal Account and all related information and files in such account without liability
to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination,
TiDeal will return any Funds stored in your TiDeal Account not otherwise owed to TiDeal, unless TiDeal believes
you have committed fraud, negligence or other misconduct.
17. Discontinuance of Services
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify
or discontinue, temporarily or permanently, any portion of our Services.
18. Disclaimer of Warranties
18.1. Except as expressly provided to the contrary in a writing by us, our services are provided on an “As
is” and “As available” basis. We expressly disclaim, and you waive, all warranties of any kind,
whether express or implied, including, without limitation, implied warranties of merchantability, fitness for
a particular purpose, title and non-infringement as to our services, including the information, content and materials
18.2. You acknowledge that information you store or transfer through our services may become irretrievably lost or
corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes
by third party providers, internet outages, force majeure event or other disasters including third party DDOS
attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are
solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the
disclaimers in this section may not apply to you.
19. Limitation of Liability
19.1. Except as otherwise required by law, in no event shall TiDeal, our directors, members, employees or agents
be liable for any special, indirect or consequential damages, or any other damages of any kind, including but
not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including
but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability
to use our services or the TiDeal materials, including without limitation any damages caused by or resulting
from reliance by any user on any information obtained from TiDeal, or that result from mistakes, omissions, interruptions,
deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance,
whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized
access to TiDeal’s records, programs or services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for
incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
19.2. To the maximum extent permitted by applicable law, in no event shall the aggregate liability of TiDeal (including
our directors, members, employees and agents), whether in contract, warranty, tort (including negligence, whether
active, passive or imputed), product liability, strict liability or other theory, arising out of or relating
to the use of, or inability to use, TiDeal or to these terms exceed the fees paid by you to TiDeal during the
12 months immediately preceding the date of any claim giving rise to such liability.
You agree to defend, indemnify and hold harmless TiDeal (and each of our officers, directors, members, employees,
agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation
reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with,
our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights
of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion,
to control any action or proceeding (at our expense) and determine whether we wish to settle it.
21. Applicable Law; Arbitration
Please read the following paragraph carefully because it requires you to arbitrate disputes with us and it limits
the manner in which you can seek relief.
You and TiDeal agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes
in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks,
trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY
TRIAL. You and TiDeal agree to notify each other in writing of any dispute within thirty (30) days of when it
arises. Notice to TiDeal shall be sent to [email protected]
You and TiDeal further agree: (a) to attempt
informal resolution prior to any demand for arbitration; (b) that arbitration will occur in the Hong Kong Court
of International Arbitration; (c) that arbitration will be conducted confidentially. Other than class procedures
and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available
in court. Any dispute between the parties will be governed by these Terms and the laws of Hong Kong, without
giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
Whether the dispute is heard in arbitration or in court, you and TiDeal will not commence against the other a
class action, class arbitration or representative action or proceeding.
22.1. Entire Agreement; Order of Precedence.
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the
parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written
agreement you may have with TiDeal for the Services or for any other TiDeal product or service or otherwise.
In the event of any conflict between these Terms and any other agreement you may have with TiDeal, the terms
of that other agreement will control only if these Terms are specifically identified and declared to be overridden
by such other agreement.
We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If
we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email,
providing notice on the homepage of the Site and/or by posting the amended Terms via the applicable TiDeal websites
and mobile applications and updating the “Last Updated” date at the top of these Terms. The amended
Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases,
the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users
click or press a button to accept such changes, or (ii) continued use of our Services 30 days after TiDeal provides
notice of such changes. Any amended Terms will apply prospectively to use of the Services after such changes
become effective. If you do not agree to any amended Terms, you must discontinue using our Services and contact
us to terminate your account.
Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other
of these Terms, all of which shall remain in full force and effect.
22.5. Force Majeure Events.
TiDeal shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the
transmission or delivery of information; (2) any loss or damage arising from any event beyond TiDeal’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, communications, power
failure, or equipment or software malfunction or any other cause beyond TiDeal’s reasonable control (each,
a “Force Majeure Event”).
You may not assign or transfer any of your rights or obligations under these Terms without prior written consent
from TiDeal, including by operation of law or in connection with any change of control. TiDeal may assign or
transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
Sections 2 (Eligibility), Section 3 (TiDeal Account), 8 (Risk Disclosure), 9 (Fees), 11 (Unclaimed Property), 13
(Feedback), 14 (Copyrights), 15 (Third-Party Content), 18 (Disclaimer of Warranties), 19 (Limitation of Liability);
20 (Indemnity), 21 (Applicable Law; Arbitration) and this Section 22 (Miscellaneous) shall survive any termination
or expiration of these Terms.