For the purpose of these Terms:
- "Kinesin", "we", "us, or "our" means Kinesin, a
- "Noxwap Content" means any text, sound, graphics,
trade-marks, service marks, logos, taglines, trade names and other material owned by us or our
licensors and made available through the Services;
- "parties" means you and us;
- "Personal Information" has the meaning set out in the Privacy
- "Privacy Statement" means the privacy statement which can be
- "Representatives" means us and our affiliates, business
partners, licensors, agents, content providers (not including you), service providers,
employees, personnel, officers, directors, and representatives;
- "Services" means the website Noxwap.ca and the services
available through that website;
- "Submissions" means any unsolicited idea, suggestion or other
material in any format;
- "Terms" means these Kinesin Terms and Conditions of Use
(including, for greater certainty, the Privacy Statement);
- "you" or "your"
means (i) the individual, if the individual is licensing the Services
for his or her personal use; or (ii) the corporation, institution, partnership, organization or
other entity on whose behalf the individual accepting these Terms is acting;
- "your account" means the user account you must register for, in
order to use certain Services; and
- "your content" means any text, sound, graphics, or other
material which you post, upload, or otherwise share on or through the Services;
Accepting these TermsPlease read these
Terms before using the Services. If you do not agree to these Terms, you may not use the Services. When
you use the Services, you represent and warrant that you have the legal capacity to form a binding
contract with us, and are doing so by your agreement to these Terms. You agree to have these Terms and
any related information made available to you, and to otherwise have communications between you and us,
These Terms were last updated,
and are effective as of, the "Updated" date indicated below. Use of the Services in the future may
require you to agree to a new version of these Terms that has been amended or modified by us in our sole
All rights not expressly granted by
these Terms are reserved to us.
PrivacyWe respect your right to
privacy. All information that we may collect via the Services is subject to our Privacy Statement. The
Privacy Statement is incorporated by reference into these Terms.
Permitted Users, Licenses and Compliance with Laws
You must be at least 18 years of age or older and the age of majority for using
the Services in the jurisdiction in which you reside as of the time you use the Services.
The Services are intended for use from locations
where such Services are legal. Any use by you of the Services from a location where the services are
illegal is expressly prohibited.
Subject to these
Terms, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right
and license to use the Services, including the content therein and the services accessible through them
solely for the purposes set out by the Service.
agree to abide by all applicable laws in connection with your use of the Services, including those
related to intellectual property rights, data privacy, international communications and the transmission
of technical or personal data.
The Services may be
used only for lawful purposes and in a lawful manner.
All rights not expressly granted to you are reserved by Kinesin and, if
applicable, its licensors.
Use of the Services may
require internet and data access for which you shall be responsible and subject to your internet access
provider terms and conditions of use. In no event shall Kinesin be liable for any internet or data
access fees or other charges incurred by you in connection with your use of the Services. Any such fees
and charges shall be your sole responsibility.
Services may be subject to limitations, delays and other problems inherent in the use of the Internet
and electronic communications. Kinesin is not responsible for any delays, delivery failures, or other
damage resulting from such problems.
Copyright and Intellectual PropertyYou
retain ownership of all your content that you post, upload to, or otherwise share on the Services.
However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable,
royalty-free, worldwide, and perpetual license to use, copy, reproduce, create derivative works from,
and display your content in connection with the Services.
All Kinesin Content, the selection, compilation, arrangement and
presentation of all materials, and the overall design of the Services are copyrighted by us or our
licensors, and are protected by Canadian and international intellectual property laws. Use of the
Kinesin Content without our express prior written permission is strictly prohibited.
"Kinesin", "Kinesin.org", "Noxwap", "Noxwap.ca",
the Kinesin logo, the Noxwap logo, and any other trade-marks used on the Services are trade-marks or
registered trade-marks of Kinesin
or its licensors, in Canada and other countries. Our trade-marks may not be used in connection with any
product or service without our express written permission.
Subject to any applicable law (and, in the case of Personal Information, the
requirements of Section 3), any communications that you send or which are sent to you via the Services,
whether solicited by us or otherwise, are on a non-confidential basis, and we are free to use and
disclose the content of any such communication, including any ideas, inventions, concepts or know-how
disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and
services. You agree to not assert any ownership right of any kind in such communications (including
copyright, trade-mark, patent, unfair competition, moral rights, or implied contract). If you send
Submissions to us or the Services, you automatically grant to us and our successors and assigns a
perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use,
copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform,
display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated
with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or
technology now known or later developed, without providing compensation to you or anyone else, without
any liability whatsoever, and free from any obligation of confidence or other duties on the part of us
or our successors or assigns.
You waive all author’s
moral rights in your content and Submissions (including the right to be associated with your content or
Submission) upon submission, as well as the right to receive any financial or other consideration in
connection with your content and Submissions.
Use Restrictions and Prohibited Conduct
When using the Services, you agree not to do any of the following:
- Threaten other users with violence;
- Use hateful, abusive, harassing, libellous, or obscene language towards other users;
- Post any material that infringes or violates any third party’s copyright, trade-mark, trade
secret, privacy, or other proprietary or property right;
- Copy any Kinesin Content onto your own or any other website;
- Post any material which promotes illegal activity, could constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable law or regulation or these Terms;
- Purchase or sell any cryptocurrency with knowledge of any material, non-public information
relating to such cryptocurrency;
- Use the Services to send spam, chain letters, junk mail, or any other type of unsolicited mass
- Use the Services to distribute viruses or other harmful, disruptive, or destructive files;
- Use the Services in violation of Kinesin’s or any third party's intellectual property or
other proprietary or legal rights;
- Use or attempt to use another person’s account;
- Disrupt or interfere with the security of, or otherwise abuse, the Services, or any servers or
networks connected to the Services;
- Attempt to obtain unauthorized access to the Services;
- Impersonate another person;
- Share with any minor any content or materials inappropriate for children, or allow any minor
access to such materials;
- Systematically harvest data from the Services or programmatically register accounts on the
- Access the Services for purposes of monitoring their availability, performance or functionality,
or for any other benchmarking or competitive purposes;
- Modify or make derivative works based upon the Services , or any portion thereof;
- "Frame" or "mirror" any Kinesin Content on any other server or wireless or Internet-based
- Reverse engineer or access the Services in order to (a) build a competitive product or service,
(b) build a product using similar ideas, features, functions or graphics from the Services, or
(c) copy any ideas, features, functions or graphics from the Services; or
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or
create derivative works of Services or any part thereof (except as and only to the extent any
foregoing restriction is prohibited by applicable law).
You are granted a limited, nonexclusive right to create a hyperlink to the
Services, other than to those portions of the Services where registration is required.
Your AccountCertain services provided
through the Services may only be available to you upon registration for your account. By registering,
you represent and warrant to Kinesin that: (a) at least 18 years of age or older and the age of
majority for using the Services in the jurisdiction where you reside as of the time you register with
us; (b) all information provided by you to us during the registration process is truthful, accurate and
complete; (c) you have an understanding of cryptocurrencies and the technology that underlies them; (d)
you can afford to lose all amounts used to purchase cryptocurrencies through the Services; and (e) you
will comply with all terms and conditions of these Terms.
As a registered user, you agree to maintain and promptly update your
registration data as necessary to keep it true, accurate, current and complete.
The Representatives will rely on the information you provide. You will
be responsible for any and all loss, damage, or additional costs that the Representatives or others may
incur as a result of your submission of any false, incorrect or incomplete information or your failure
to update your registration or other information that you submit via the Services. You acknowledge that
you are solely responsible for maintaining the confidentiality of your account credentials (including
any user names, passwords or security tokens created or provided) and that you will be responsible for
any loss resulting from any unauthorized use of your account. You agree to immediately notify us of any
unauthorized use of your account. Similarly, you are responsible for verifying and maintaining the
protection, security, and distribution of your account information, including account numbers, user
names, and passwords.
All liability relating to
password management resides with you and under no circumstances, including negligence or misconduct,
will we be liable for any damages that result from the use of your account.
You can cancel your account at any time by doing so from your account settings
page and requesting that your account be deleted.
highly recommend you keep a secure backup of your password and any security credentials we provide to
you in a safe and off-line environment. If you have a verified e-mail address may use our automated
account recovery procedure in order to request a password reset link. If you do not have a verified
email address or if you have lost any security credentials we provide to you, in order to recover these
credentials you must go through our assisted account recovery procedure, which requires a two (2) month
waiting period with no logins by you and the payment by you of a 0.1 BTC service charge. If you want to
start the assisted account recovery procedure, you must contact us by email admin[at]Kinesin.io with
your account username.
purchasing via the Services, you agree and acknowledge that:
- the cryptocurrencies available for purchase via the Services are not "securities" within the
meaning of the Securities Act (Ontario) and accordingly you will not have access to any of the
securities laws remedies or protections available to purchasers of securities;
- you have a sophisticated understanding of technical and business matters relating to
cryptocurrencies and blockchain technology to understand these Terms and to appreciate the risks
and implications of making purchases via the Services;
- we make no representations or warranties with respect to the cryptocurrencies available for
purchase from us and you are solely responsible for researching the cryptocurrencies you
purchase and ensuring that your purchases via the Services are made on an informed basis;
- holding cryptocurrencies carries various risks, including those relating to the issuer of and
the technology underlying the cryptocurrencies and the value of your cryptocurrencies may
decrease to zero;
- the cryptocurrencies you purchase via the Services are not protected by any government or other
- our ability to fill your purchase and sale orders on a timely basis depends in part on the
presence of a market for those cryptocurrencies; if there is a lack of corresponding purchase or
sale orders in a particular cryptocurrency it may not be possible to fulfil your order on a
timely basis or at all;
- the Services may be subject to malicious cyberattacks or may contain exploitable flaws in its
security systems, which may result in security breaches and the loss or theft of
- issuers of the cryptocurrencies available for purchase via the Services may not be subject to
ongoing public disclosure requirements and accordingly it may be difficult to find accurate and
current information relating thereto; furthermore, others trading those cryptocurrencies may be
doing so in possession of material non-public information;
- cryptocurrencies generally do not afford the holder thereof any rights commonly associated with
securities ownership, such as voting rights and rights to participate in the equity of the
- you waive your right to participate in a class action lawsuit or a class-wide arbitration
against any Kinesin and/or the Representatives; and
- you have obtained such legal and tax advice as you consider appropriate in connection with the
purchase of cryptocurrencies via the Services.
Purchases made via the
Services are subject to the following terms:
- Orders: All orders confirmed by you are deemed final and are
non-reversible by you. Kinesin provides you with the tools to verify your order before
confirming it to help you catch a mistyped order. Kinesin will not be responsible for losses
induced by mistyped or otherwise wrongly placed orders. An open order may be cancelled at any
time by you but Kinesin makes no guarantee on whether that order will be cancelled before
execution. Notwithstanding the foregoing, in the event we determine, at our sole discretion,
that as the result of a technical issue an executed order did not reflect the fair market value
for the applicable coin, such order shall be cancelled and you shall be refunded the amount you
paid for your order. Executed orders are subject to the then-current trading fees collected in
the coin settlement amount for that transaction. The current trading fees can be found under the
account funding and withdrawal section for each coin available on the Services.
- Transfers: Coin deposits are subject to a minimal number of
confirmations by the applicable blockchain before being fully credited to your account and coin
withdrawals are subject to withdrawal fees. The number of confirmations and fees are indicated
in the under the account funding and withdrawal section for each coin available on the Services.
Kinesin shall attempt to process withdrawals and deposits in a timely manner but Kinesin
and the Representatives make no guarantee pertaining to the timing those transfers. Kinesin
and the Representatives are not responsible for losses and liabilities induced by delayed
- Availability of Coins: Coins are listed on the Services at the
discretion of Kinesin and can be removed or closed at any time. If a coin is so removed or
closed, your open orders will be cancelled and your account credited back. If a coin is selected
for removal, and if the applicable blockchain allows it, you will have twenty five (25) days to
withdraw your funds. Kinesin and the Representatives assume no liability or cost whatsoever
arising from removed or closed coins. Removed coins left in your account after the withdrawal
period will be forfeited.
DisclaimersThe Services do not
constitute an offer or solicitation in any jurisdiction in which such offer or solicitation is
unauthorized or unlawful.
Kinesin does not
control the exchange value of cryptocurrencies and by using the Services you agree to keep Kinesin
free of any liabilities or losses, direct, indirect, special or consequential damages, however caused,
induced by the market price variation of any asset for any reason.
Although Kinesin tries to deliver you up to date market data such as quotes,
order book, and charts the data is provided "as is" without any guarantee of being the latest. The data
may also have typographical errors, be incomplete and inaccurate. Kinesin will try to correct those
mistakes on a best effort basis but do not necessarily commit to do so.
THE SERVICES AND CRYPTOCURRENCIES PURCHASED VIA THE SERVICES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. THE REPRESENTATIVES CANNOT AND DO NOT GUARANTEE, AND DO NOT MAKE ANY,
AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES,
COVENANTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (1)
ANY WARRANTY OF MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) NON-INFRINGEMENT; (4) THAT
THE SERVICES OR ANY CRYPTOCURRENCIES PURCHASED VIA THE SERVICES, WILL MEET YOUR REQUIREMENTS; (5) THAT
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; AND (6) THAT ANY DEFECTS WITH THE
SERVICES, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND THAT ANY USE OF, MODIFICATION TO OR RELIANCE ON THE
SERVICES, OR ANY CRYPTOCURRENCIES PURCHASED VIA THE SERVICE, IS AT YOUR OWN DISCRETION AND RISK.
You are solely liable and responsible for any and
all claims and demands made by any other person arising out of, in connection with, or relating to your
use of the Services, your breach of these Terms, your violation or infringement of the rights of others,
or your violation of any applicable civil or criminal law. Kinesin and the Representatives disclaim
any and all responsibility and liability regarding all such matters. You further agree that you are
solely responsible for actions and communications undertaken or transmitted in the course of your usage
of the Services, and that you will comply with all applicable law in respect of same. We may investigate
occurrences which may involve violations of such laws, and may involve, and co-operate with, law
enforcement authorities in prosecuting users who are involved in such violations. We reserve the right
at all times to disclose any information (including your Personal Information) regarding your usage of
the Services in each case as may be permitted or required by applicable law, including as necessary to
satisfy any request authorized by applicable law.
Certain links on the Services may take you to other websites. We are not responsible for the content of
any such linked pages and we make no representation or warranty regarding, and do not endorse or
approve, any linked websites, the information appearing thereon or any of the products or services
described. Your use of any such linked website is at your own risk.
No data transmission over the Internet can be guaranteed to be 100% secure and
as a result, we cannot ensure or warrant the security of any information you transmit to us.
The United Nations
Convention on Contracts for the International Sale of Goods does not
apply to these Terms.
Limitations of LiabilityUNDER NO
CIRCUMSTANCES — INCLUDING NEGLIGENCE — SHALL Kinesin OR THE REPRESENTATIVES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, RESULTING FROM (1)
THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE USE OR THE INABILITY TO USE ANY CRYPTOCURRENCY
PURCHASED VIA THE SERVICES; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (4)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLES, EVEN IF THE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOU ACKNOWLEDGE THAT Kinesin ACTS AS TRUSTEE FOR ALL OTHER REPRESENTATIVES
WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF ANY REPRESENTATIVE. Kinesin
AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH SUCH REPRESENTATIVE.
IndemnificationYou agree to indemnify,
defend, and hold harmless Kinesin and the Representatives, from any and all claims and expenses,
including attorneys’ fees, arising out of your use of the Services, including your violation of these
Terms. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to
indemnification by you. The assumption of such defense or control by us, however, shall not excuse any
of your indemnity obligations.
Right to TerminateWe may at any time
without notice or liability decide to alter, amend, restrict, modify, or terminate the Services or any
functionality or portion of the Services, all in our sole discretion, and you understand that there is
no guarantee that the Services or any portion or functionality of it will continue to operate or be
available for any particular period of time, including removing, adding, modifying, or changing the
availability of, restricting access to, or imposing limits on any or all features on, or links to, the
Services. We reserve the right, in our sole discretion, to correct any errors or omissions in any
portion of the Services at any time without notice, but confirm that we have no duty to do so.
If you breach any provision of these Terms, then
you may no longer use the Services and you may have your account cancelled. We, in our discretion, shall
determine whether these Terms have been violated. We may also cancel trading and withdrawal rights for
any account suspected unauthorised access or hacking.
We may terminate these Terms with you at any time.
GeneralThese Terms shall be governed
by and construed in accordance with the laws of the province of Ontario, without giving effect to its
conflict of law provisions. You agree that you will bring any claim or cause of action arising out of
these Terms, your use of the Services or any purchase made via the Services in the courts located within
Toronto, Ontario, and you also agree to submit to the personal and non-exclusive jurisdiction of those
courts. If any provision contained in these Terms is determined unenforceable, then such provision will
be severed and replaced with a new provision that most closely reflects the intent of the original
provision, and the remaining provisions of these Terms will remain in full force and effect. No waiver
of any provision of these Terms shall be effective except pursuant to a written instrument signed by us
expressly waiving compliance, and any such waiver shall be effective only in the specific instance and
for the specific purpose stated in such writing. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and us as a result of these Terms and/or your use
of the Services. You may not assign any right, interest, or benefit provided under these Terms or the
Services without our express prior written consent. These Terms set forth the entire agreement between
you and us, and supersede any and all prior communications, agreements and proposals, whether
electronic, oral or written, between you and us with respect to the Services. The parties have expressly
required that these Terms and all other related documents be drawn up in the English language. Les
parties ont expressément exigé que ces conditions d’utilisation et tous les documents qui s’y rapportent
soient rédigés en anglais.