Risk Disclosure Statement
01/08/2019
Before trading or transacting using our Services, it is important to understand the risks. We have included below, in more detail, the potential risks in trading or transacting using our Services. You should note that the risks described below are not intended to be exhaustive and are not intended to be presented in any assumed order of priority. We ask you to take time to carefully read them through and to consider whether such trading and transacting on IMBA is appropriate in your particular circumstances.
You should seek independent professional advice if you do not fully understand the risks of using our Services.
Capitalised terms used herein have the meaning set out in Terms of Use, unless the context requires otherwise.
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 Token pairs can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances, objectives and financial resources. You should be aware of the following points:
- You may sustain a total loss of the Funds transferred to, and of all Funds in, your IMBA Account. The traded price of Digital Tokens can fluctuate greatly within a short period of time. The traded price of a Digital Token also may decrease due to various factors including discovery of wrongful conduct, market manipulation, changes to properties of the Digital Token, Attacks (as defined in paragraph 4 below), suspension or cessation of support for a Digital Token by IMBA or External Account providers or other service providers, and other factors outside the control of IMBA.
- Under certain market conditions, you may find it difficult or impossible to buy or sell a Digital Token. This can occur, for example, if there is insufficient liquidity in the market. We are not and shall not be responsible or liable for the transferability, liquidity and/or availability of any Digital Tokens.
- IMBA may suspend trading in or cease to offer Services in respect of any of the Digital Tokens at any time at IMBA’s sole discretion. You may be unable to withdraw Digital Tokens prior to IMBA’s ceasing to offer Services in respect of any such Digital Tokens, resulting in the loss of any such Digital Tokens remaining in your IMBA Account.
This brief statement cannot, of course, disclose all the risks and other aspects associated with these trades. You are solely responsible for ensuring that you understand and accept all risks connected with transacting and trading in Digital Tokens, and are able and willing to accept and bear for your own account all possible losses that may arise from such transactions and trading in Digital Tokens.
2. Internet transmission risks and error correction.
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 IMBA shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via the Services, howsoever caused.
If an order, trade or transfer is based on a Manifest Error (regardless of whether you or we or any other user gains from the error) and/or executed and/or settled on the basis of Manifest Error, IMBA may (but is not obliged to), at its option and sole discretion, act reasonably and in good faith to: (a) correct, reverse or cancel any order, trade or transfer; (b) void a trade as if it had never taken place; and/or (b) amend a trade so that its terms are the same as the trade which would have been executed if there had been no Manifest Error. There is a risk that you may be prejudiced by any action or omission of IMBA in this regard, and you accept that you have no recourse whatsoever against IMBA.
3. Risks associated with attacks on the Services
The Services and/or the IMBA Accounts and the Funds held therein may be subject to attacks on their security, integrity or operation, and you acknowledge and agree that IMBA shall not be responsible or liable for any losses resulting therefrom.
4. Counterparty risk
We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any Digital Tokens that you may purchase or sell to or from a user of the Services. We are not responsible for ensuring that a third-party buyer or a seller you transact with will complete a trade or transaction or is authorised to do so. There is also no guarantee fund established or other arrangement in place to cover or compensate you for any pecuniary loss suffered by you as a result of any defaults by or the insolvency of any other users of the Services.
The risks described in this Risk Disclosure Statement may result in loss of Digital Tokens, decrease in or loss of all value for Digital Tokens, inability to access or transfer Digital Tokens, inability to trade Digital Tokens, inability to receive any specific utility, access or benefits available to other Digital Token holders, and other financial losses to you. You hereby accept and agree that IMBA will, at all times, have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against IMBA and their respective directors, members, officers, employees, agents and contractors related to any of the risks set forth herein.
You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Digital Tokens that you decide to acquire or trade; and (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Digital Token or trade. You accept the risk of trading Digital Tokens by using the Services, and are responsible for conducting your own independent analysis of the risks specific to the Digital Tokens and the Services. You should not acquire or trade any Tokens unless you have sufficient financial resources and can afford to lose all value of the Digital Tokens, or suffer substantial losses.
IMBA’s decision to support transfer, storage or trading of any particular Digital Token through the Services does not indicate IMBA’s approval or disapproval of the Digital Token or the integrity, security or operation of the Digital Token or its Underlying Technology and IMBA does not in any way make any representation or warranty as to any Digital Token supported or not supported by the Services. The risks associated with Digital Tokens and trading Digital Tokens apply notwithstanding IMBA’s decision to provide Services in respect of a particular Digital Token, and risks of all such trading will be wholly yours and yours alone to bear.