1.1 The Poloniex Margin Trading Service (the "Service") is designed, managed, and operated by Poloniex. To use the Service, you must read and abide by the "Poloniex Margin Trading User Agreement" (the "Agreement").
1.2 If you are a resident, national, or agent of the province of Ontario, Canada, the Crimea region, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Mainland China, or the United States and all United States territories, you shall not use this service. You represent and warrant that you have not been included in any trade or economic sanction list (e.g., sanction list of the United Nations Security Council), listed as "Specially Designated Nationals" (SDN) by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury, or included in the "Denied Person List" by the U.S. Department of Commerce. We reserve the right to prohibit the use of the Service in any other jurisdiction at any time.
1.3 Before using the Service, please make sure that you have read and fully understood the terms and conditions and check the box "I have read and agreed to the "Poloniex Margin Trading User Agreement" after you have fully read and understood all the contents. By checking the box or using the Service, you shall be deemed as having acknowledged, understood, and completely agreed to all terms of the Agreement (including any amendment and update we may make to the Agreement from time to time) and you shall be bound by the terms of the Agreement.
2. Eligibility for the Use of the Service
2.1 You understand and confirm:
- You have agreed to comply with the "Poloniex User Agreement", and you are eligible for and are not prohibited from using the "Service" as defined herein.
- The Agreement does not conflict with the laws of the state or region in which you reside.
- By using the Service, you shall understand and abide by the terms of the "Poloniex Margin Trading Rules".
- You are the legal owner of the digital assets deposited into the Service and warrant that such digital assets are legally obtained.
2.2 You understand that there are risks associated with the use of the Service, including but not limited to:
- The inherent risks in the investment/trading of digital assets: The prices of such assets are highly volatile, and there are no limits on price fluctuations. As such, you may incur partial or total financial loss within a short period of time. If you have insufficient margin, your spot account may be subject to immediate, forced liquidation and you may lose all the digital assets deposited in the Service.
- Policy risks: The establishment or amendment of laws, regulations and regulatory documents on digital assets in different countries may result in a temporary suspension or ban of investments/trading in digital assets.
- Internet and technology risks:Digital assets use Internet-based trading systems, which may be disrupted and damaged by malicious programs such as viruses or Trojan horses. They may also experience technical anomalies related to trading that may delay or prevent your use of the Service.
- Force majeure:Due to acts or third-party factors beyond the control of the platform or beyond the platform's ability to control, such as harsh weather, accidents, strikes, labor disputes, riots, revolts, public disorder, insufficient means of production or productivity, fire, epidemics, wars, governmental actions and orders of judicial or administrative authorities, your use of the Service may be delayed or prohibited.
- Seizure or freezing risks:If a legal authority presents a document to request an investigation of your account, assets, or transaction data or take measures to seize, freeze, or transfer assets of your account, your private information may be leaked or your use of the Service may be delayed or prohibited.
Special reminder: By using the Service, you shall control your own risks, assess the value and risks of digital asset investments, and bear the financial risks of losing the entirety of your investment. You shall conduct trading according to your own conditions and risk tolerance and be aware of the risks involved in the investment of digital assets. This risk reminder in the Agreement does not disclose all risks associated with the Service.
3. Use of the Service
3.1 You confirm that you have the civil capacity appropriate to your conduct before using the Service.
3.2 You undertake to register as a user of the Service with your true identity and guarantee that the personal identification information you provide is true, complete, and valid, and that you shall bear the corresponding legal liabilities for the information you provide. The operator of the Service, Poloniex, has the right to review whether the identity information you provided for registration is true and valid, and shall take reasonable measures such as professional encrypted storage and transmission to ensure the security and validity of user accounts. You are responsible for storing your account and password safely and using them correctly and securely. You acknowledge and agree that you are solely responsible for the custody of your account and password.
3.3 Before you apply for a margin loan, you must transfer the required margin to the designated spot account in accordance with requirements. The type of the margin and digital assets that may be used for loans shall be determined by the user's choice of the type of margin trading and corresponding business rules. Refer to the "Poloniex Margin Trading Rules" for details.
3.4 You acknowledge and agree that you may incur interest and fees on loans when using the Service and agree to pay the fees specified in the Agreement. Refer to the terms in the "Poloniex Margin Trading Rules" for detailed information on interest payment standards and methods.
4.Rules for Risk Control
4.1 Poloniex uses a forced liquidation mechanism to control risks. Forced liquidation applies when the margin ratio of your spot account is lower than or equal to 100%, which means Poloniex has the right to buy or sell all assets in your spot account based on the real-time order price on the platform to repay the loan. You may refer to "Poloniex Margin Trading Rules" for more details on the ratios and regulations. Poloniex shall continue to improve the rules for risk control based on market conditions.
5.Limitation of Liability
5.1 You fully understand the inherent risks in the digital assets and their derivatives described in Article 2.2 of the Agreement, and fully agree that you shall bear all losses you incur as a result of such risks.In addition, you acknowledge that you fully understand the Agreement and the rules and policies associated with the use of the Service. Poloniex shall bear no liability for your losses due to your misunderstanding of the aforementioned contents.You shall pay special attention to the requirement for you to deposit sufficient digital assets that satisfy specific requirements as the margin when you wish to open a position or maintain your position. If you fail to meet the requirements, your account will be liquidated and you may lose all digital assets used as the margin.
5.2 You fully understand the policy risks described in Article 2.2 of the Agreement, and fully agree that you shall bear all losses you incur as a result of such risks.In addition, you acknowledge and fully understand that to ensure compliance with laws, regulations, or state policies that may be updated or changed from time to time and to ensure the overall health of the digital currency market, Poloniex shall amend the contents of the Agreement or implement emergency rules or policies at its own discretion. Such amendments or implementation may cause your account to be temporarily unable to access the Service, immediately liquidate some of your positions, or interrupt other services. Poloniex shall bear no liability for your aforementioned losses.
5.3 You fully understand the Internet and technical risks described in Article 2.2 of this Agreement. Such risks may disrupt normal operations of the platform due to the following conditions and may prevent you from using the services or placing orders normally. Such conditions include but are not limited to:
- System shutdown and maintenance as announced on the Poloniex platform;
- Failure of telecommunications equipment that prevents data transmission;
- Service interruption or delay due to hacker attacks, computer virus intrusions or attacks, technical adjustments or malfunction caused by telecommunications service providers, problems with website upgrades, temporary shutdowns due to government controls, or any other reasons that may affect normal network operations;
- Losses caused by technical problems that cannot be predicted or resolved by the existing technical capabilities;
- Losses caused to you or any third party as a result of an error or delay of a third party.
You fully agree that you shall bear all losses you incur because of anomalies in transactions, interruption of transactions, or any other anomalies due to incidents that Poloniex is not responsible for, and Poloniex has the right to cancel or rollback transactions according to the situation. Poloniex shall bear no liability for your aforementioned losses.
5.4 You fully understand the force majeure described in Article 2.2 of the Agreement, and fully agree that you shall bear all losses you incur as a result of such risks.
5.5 You fully understand the seizure or freezing risks described in Article 2.2 of the Agreement, and fully agree that you shall bear all losses you incur as a result of such risks.
5.6 Poloniex strictly prohibits unfair trading. If you take part in any of the following activities, Poloniex shall retain the right to implement executive control over your account:
- Engage in price manipulation or any other malicious market practices;
- Take actions that may harm other users or Poloniex by exploiting loopholes in the Service or through other unfair means;
- Engage in any other activity deemed by Poloniex as harmful to the market.
To eliminate any negative impact on the overall health of the market, Poloniex retains the right to take actions including but not limited to the closure of your account, restriction, suspension, or cancellation of trading, or rollback of transactions. Poloniex shall bear no liability for your losses caused by such aforementioned actions.
Special reminder: Poloniex shall bear no liability for losses caused by any other incidents or reasons unattributable to the platform.
6.1 You shall take all possible and effective measures to ensure that Poloniex is not damaged by any losses derived from your use of the Service or other actions associated with your Poloniex account, or you shall bear liabilities of indemnification for losses incurred by Poloniex as a result thereof.
6.2 You hereby acknowledge and agree that you shall defend, indemnify, and make every effort to prevent Poloniex from any harm for any claim or demand arising out of your violation of this Agreement, your illegitimate use of Poloniex's services, your violation of any law or infringement of the rights of any third party, or claims or requests (including reasonable legal fees) for any third party action or inaction in use of your Poloniex account or access to Poloniex's websites, clients, systems (including the networks and servers used to provide any Poloniex services and regardless of whether such websites, clients, and systems are operated by or for Poloniex or for the purpose of providing Poloniex services to you) authorized by you.
6.3 When the forced liquidation is activated, if the system is unable to implement the forced liquidation, if you are still unable to repay the loan and related interest after forced liquidation, or if it causes other losses to Poloniex, Poloniex shall have the right to continue to claim indemnification from you. Alternatively, when you transfer digital assets into the spot account at any time, Poloniex has the right to use the digital assets to repay the previous loan and related interest or pay compensation for other losses. In case of extreme or exceptional market conditions, or if there is a systematic risk or a high probability of systematic risk in the currency you use for margin trading, Poloniex has the right to notify you to repay the loan ahead of schedule or close and liquidate the position to repay the loan and interest. If you are still unable to repay the loan and related interest after the liquidation or if it causes other losses to Poloniex, Poloniex shall have the right to continue to claim indemnification from you. Alternatively, when you transfer digital assets into the spot account at any time, Poloniex has the right to use the digital assets to repay the previous loan and related interest or pay compensation for other losses.
7.1 The contents of the Agreement also include the "Poloniex Margin Trading Rules" and the agreements, guidelines, systems, and rules of the Poloniex website (poloniex.com), their related attachments, and other contents regarding the Service that Poloniex may continue to publish. Once the aforementioned contents are officially announced, they shall become an integral part of the Agreement and you shall be required to comply with such contents. If there is any conflict between the aforementioned contents and the Agreement, the Agreement shall prevail.
7.2 Where necessary, Poloniex may unilaterally change the contents of the Agreement at any time without prior notice, and the unilateral change of the Agreement shall be immediately published on the Poloniex website. Please view the latest information on the aforementioned website. By continuing to use the Service after the publication of the aforementioned change, you shall be deemed as having agreed to and accepted Poloniex's change to the Agreement. If you do not agree to the change to the Agreement, you shall immediately stop using the Service.
7.3 You shall carefully read the Agreement and all contents specified in Article 7.1 and Article 7.2 that constitute parts of the Agreement. If you have any questions regarding the aforementioned contents, you can contact Poloniex customer service to obtain related information and necessary explanation. If there is any inconsistency between the parties' communication and the Agreement, the contents of the Agreement shall prevail.
7.4 The Agreement is written in English. To help users understand the terms herein, the Agreement may be translated into different languages. In case of any discrepancy between the versions of the Agreement in different languages, the English version shall prevail.
7.5 In case of any dispute or controversy between you and Poloniex for any matter related to the Agreement, including but not limited to the establishment, effectiveness, performance, change, interpretation, and dispute resolution of the Agreement, the parties shall endeavor to negotiate a solution in good faith. If the negotiation fails, Poloniex shall determine the solution at its own discretion.