General Risk Warning
A. How to interpret this Risk Warning
All capitalized terms used in this Risk Warning that are defined in the GXGold Terms of Use (the “Terms of Use”, which includes any Product Terms (as defined in the Terms of Use)), have the same meaning and construction as in the Terms of Use.
B. GXGold Services
In line with our commitments to compliance and user protection, this Risk Warning provides you with information about some of the key risks associated with GXGold Services. Each GXGold Service has its own distinct risks. This Risk Warning provides a general description of some of the risks that may arise when you use GXGold Services.
This Risk Warning does not explain all of the risks or how such risks relate to your personal circumstances. It is important that you fully understand the risks involved before making a decision to use GXGold Services and you should also read the relevant terms applicable to the specific GXGold Service. By using the GXGold Services and entering into any Transactions, you agree that you assume all of the related risks.
C. No Personal Advice
We do not provide personal advice in relation to GXGold Services. We sometimes provide factual information, information about transaction procedures and information about the potential risks. However, any decision to use GXGold Services is made by you. No communication or information provided to you by GXGold is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance.
D. No Monitoring
GXGold is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities undertaken by you using GXGold Services. We do not monitor whether your use of GXGold Services is consistent with your financial goals and objectives. It is up to you to assess whether any activity that you engage in through the GXGold Services is appropriate given your financial position and risk appetite.
E. No Tax, Regulatory or Legal Advice
You have sole responsibility for determining what taxes you might be liable to, how and when they apply, and meeting such tax obligations, when transacting through the GXGold Services. It is your responsibility to report and pay any taxes that may arise from entering into a Transaction by using the GXGold Services, and you acknowledge that GXGold does not provide legal or tax advice in relation to these transactions. If you have any doubts about your tax status or obligations when using GXGold Services, or with respect to the Digital Assets held to the credit of your GXGold account, you are encouraged to seek independent advice.
You acknowledge that, when, where and as required by Applicable Law, GXGold shall report information regarding your transactions, transfers, distributions or payments to tax or other public authorities. Similarly, when, where and as required by Applicable Law, GXGold shall withhold taxes related to your transactions, transfers, distributions or payments. Applicable Laws could also prompt GXGold to request that you provide additional tax information, status, certificates or documentation or other information. You acknowledge that failure to comply with these requests within the specified timeframe, may result in taxes withheld by GXGold, to be remitted to tax authorities as defined by Applicable Law. You are encouraged to seek professional and personal tax advice regarding the above and before entering into any Transaction.
F. Market Risks
An investment in Digital Assets carries significant risk. The value of an investment and any returns can go up or down, and you may lose all or part of your investment and not get back the amount you had invested. If you are new to Digital Assets, consider investing only a small amount. Only invest what you can afford to lose. It is important to do your own research to understand the risks of investing in Digital Assets.
Digital Asset trading is speculative, prices are volatile and market movements are difficult to predict. Supply and demand for Digital Assets can change rapidly without warning and can be affected by a variety of factors which may not be predictable, including regulation, general economic trends and developments in the Digital Asset ecosystem. All investments in Digital Assets carry the risk of loss.
Past performance is not an indicator of future performance. GXGold does not in any way guarantee or provide any assurance about the performance or market price of Digital Assets or products available through the GXGold Services.
The Digital Asset industry is subject to systemic and systematic risk. Systemic and systematic risks are both threats to the Digital Asset markets and economy, but the cause of these risks and the approaches for managing them are different. Systemic risk is the risk that a company or industry-level risk could trigger a major collapse. Systematic risk is the risk inherent to the entire market, which can be economic, sociopolitical, technological, or natural in origin. These risks can affect the prices of Digital Assets.
Blockchain technology is a relatively new technology that is evolving rapidly and is likely to be subject to continued technological development. The future development and growth of the Digital Asset industry is subject to a variety of factors that are difficult to predict and evaluate. Similarly, the sustainability of Digital Asset networks may also be affected by a range of different factors. All such factors may impact the value of a Digital Asset.
Negative perceptions about Digital Assets may reduce the confidence of investors in the industry and result in greater volatility of the prices in Digital Assets, including possibly a significant depreciation in value. Any events that trigger negative publicity in respect of Digital Asset markets may therefore have an adverse impact on the value of any investment in Digital Assets.
G. Counterparty Risk
You may be exposed to counterparty risk in various circumstances when using GXGold Services. This may include, without limitation, if a market maker or liquidity provider faces issues which could result in slippage or an inability to execute trades; failures by or disputes with payment processors which may delay deposit and withdrawal transactions; borrowers defaulting on their repayment obligations which may delay the redemption of deposits from certain products.
In such other exceptional circumstances, your holdings and your ability to transact or deal with your holdings, may be adversely affected which may result in a range of outcomes including, without limitation, transactions not completing as expected, trading costs being irrecoverable, loss of profits, inability to acquire or dispose of assets at the desired time or price.
H. Liquidity risk
Digital Asset prices on the secondary market are driven by supply and demand and may be highly volatile. Digital Assets may have limited liquidity which may make it difficult or impossible for you to sell or exit a position when you wish to do so. This may occur at any time, including at times of rapid price movements.
I. Fees & Charges
Our fees and charges are set out here. GXGold may, in its discretion, update the fees & charges from time to time. Please be aware of all fees and charges that apply to you, because such fees and charges will affect the returns you generate from using GXGold Services.
J. Availability Risk
While we aim to deliver a seamless user experience, we cannot guarantee that the GXGold Services will be available at any particular time or that GXGold Services will not be subject to unplanned service outages or network congestion. It may not be possible for you to buy, sell, transfer, send or receive Digital Assets when you wish to do so.
There are legal requirements in various countries which may restrict the products and services that GXGold can lawfully provide. Accordingly, some products and services and/or certain functionality within the Platform, including but not limited to fiat services, may not be available or may be restricted in certain jurisdictions or regions or to certain Users and any GXGold campaigns, user competitions or other promotions will not be open to (and are not targeted at or intended for) Users to whom restrictions apply. Users are responsible for informing themselves about, and observing any restrictions and/or requirements imposed with respect to, the access to and use of the Platform and the GXGold Services in each jurisdiction from which the Platform and the GXGold Services are accessed by or on behalf of the User. GXGold reserves the right to modify such restrictions or impose additional restrictions with respect to the access to and use of the Platform and/or the GXGold Services from time to time in its sole discretion without notification.
K. Third Party Risk
Third parties, such as payment providers, custodians, and banking partners may be involved in the provision of GXGold Services. You may be subject to the terms & conditions of these third parties.,Unless expressly provided otherwise, GXGold will not be responsible for any loss that may be incurred by you as a result of or arising from the services provided by such third parties.
L. Security Risk
The nature of Digital Assets exposes them to an increased risk of cyberattack. While GXGold uses all reasonable efforts to safeguard Digital Assets and protect the Platform from cyberattack, it is not possible for any exchange to eliminate security risks entirely. There can be no guarantee that systems in place to mitigate cybersecurity threats will always be effective to prevent improper access to the Platform and Digital Assets.
You are responsible for keeping your GXGold Account information safe, and you shall be responsible for all the Transactions under your GXGold Account, whether you authorised them or not. Transactions in Digital Assets may be irreversible, and losses due to fraudulent or unauthorised transactions may not be recoverable.
M. Risks related to Digital Assets
Given the nature of Digital Assets and their underlying technologies, there are a number of intrinsic risks, including but not limited to:
a. faults, defects, hacks, exploits, errors, protocol failures or unforeseen circumstances occurring in respect of a Digital Asset or the technologies or economic systems on which the Digital Asset rely;
b. transactions in Digital Assets being irreversible. Consequently, losses due to fraudulent or accidental transactions may not be recoverable;
c. technological developments leading to the obsolescence of a Digital Asset;
d. network delays causing transactions to not be settled on the scheduled delivery date;
e. attacks on the protocol or technologies on which a Digital Asset depends;
f. a hard fork may occur if Digital Asset developers suggest changes to a particular Digital Asset software and the updated software is not compatible with the original software and a sufficient number (but not necessarily a majority) of users and minors elect not to migrate to the updated software. This would result in two versions of Digital Asset networks running in parallel and a split of the blockchain underlying the Digital Asset network, which could impact the demand of the Digital Asset and adversely impact the price of the Digital Asset;
g. certain addresses on the blockchain networks hold a significant amount of the currently outstanding asset on that network. If one of these addresses were to exit their positions, this may result in volatility that could adversely affect the price of that asset;
h. if anyone gains control of over 51% of the computing power (hash rate) used by a blockchain network, they could use their majority share to double spend their Digital Assets. Whilst the risk of this occurring for networks with wider adoption is remote, if such a “51% attack” were to be successful, this would significantly erode trust in public blockchain networks (like Bitcoin and Ethereum) to store value and serve as a means of exchange, which may significantly decrease the value of Digital Assets;
i. Digital Assets are subject to the risk of fraud or cyber attacks;
j. Digital Assets purchased and held in an account with GXGold are not covered by any external investor compensation, customer asset protection, deposit protection, insurance or other similar schemes; and
k. new risks may arise from investing in new types of Digital Assets or market participants’ engagement in more complex transaction strategies. Digital Assets and the Digital Asset market is subject to speculative interest, rapid price swings and uncertainty.
N. Monitoring Risks
Digital Asset markets are open 24 hours a day, 7 days a week. Rapid price changes may occur at any time, including outside of normal business hours.
O. Communication Risks
When you communicate with us via electronic communication, you should be aware that electronic communications can fail, can be delayed, may not be secure and/or may not reach the intended destination.
P. Currency
Currency exchange fluctuations may impact your gains and losses.
Q. Legal and Regulatory Risks
Most Digital Assets operate without a central authority and are generally not backed by any government or authority. Changes in laws and regulations may materially affect the value of Digital Assets. This risk is unpredictable and may vary from market to market.
Further, Digital Assets may not be considered “property” under Applicable Laws in some jurisdictions. This may affect the nature and enforceability of your interest in the Digital Assets.
Legislative and regulatory changes may adversely affect or restrict (as applicable) the use, transfer, exchange and value of Digital Assets, as well as the provision of the GXGold Services in certain jurisdictions. Legislative and regulatory changes may occur quickly and without prior notice.
R. Staking Risks
Staking Rewards are calculated based on the Return Reward Rate and each user’s amount of Staked Assets. The Return Reward Rate is determined by GXGold in its discretion, based on the Marketing Investment Plan and the commission fee charged by GXGold , each of which may change from time to time.
Users may not be able to redeem the entirety of their Staked Assets in a single redemption request and may be required to submit multiple redemption requests over a period of time. Due to the processing limitations on the network, redemptions are subject to the Redemption Pool and each user’s Daily Redemption Quota. The Redemption Pool is the total amount of Digital Assets that GXGold has unstaked and is available each day to satisfy requests for the redemption of Staked Assets. The Daily Redemption Quota is the maximum amount of Staked Assets that each user can request for redemption each day. Both the Redemption Pool, the Daily Redemption Quota and anticipated the processing may change from time to time.
GXGold does not guarantee that you will receive Staking Rewards shown at the time you Subscribe. The Staking Rate will change from time to time and may fluctuate up or down from the rate applicable at the time of Subscription. Any representation concerning possible returns at the time you Subscribe is an estimate only and not guaranteed; and based on the Staking Rate at the relevant time, which may change.
Redeeming Staked Assets takes time. There is no guaranteed timeframe for completion of redemption or conversion requests. Because cryptocurrency prices can be highly volatile, there is a risk that the market price could be significantly higher or lower by the time the redemption request is completed and users will be unable to dispose of their Staked Assets while a redemption request is being processed. In addition, in rare or extreme situations it is possible that the value of your Staked Assets or Staking Rewards may drop to zero.
GXGold does not guarantee uninterrupted or error-free operation of the Staking Services or that it will correct all defects or prevent disruptions or unauthorized access. GXGold may suspend or discontinue the Staking Services in its sole discretion at any time. If there is any disruption, suspension or discontinuance of the Staking Services, any Staked Assets may stop generating Staking Rewards and you may not receive any (and you may forfeit all or some) Staking Rewards. GXGold has no liability or responsibility for and expressly disclaims any loss, liability or damage that users may incur directly or indirectly in connection with the Staking Services, including without limitation loss, liability or damage arising directly or indirectly from interruptions, errors or defects in the Staking Services, third party disruptions of or unauthorized access to the Staking Services and any suspension or discontinuance of the Staking Services.
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