Legal

1. ACCEPTANCE OF TERMS

• The Terms and Conditions constitute a legally binding agreement between you and MX Global Sdn Bhd. For the purposes of this Terms and Conditions, any reference to “we” “us” “our” “MX”, “MX Global”, “The Company “and/or any similar term shall be construed as reference to MX Global Sdn Bhd, while any reference to “you” “your” “Client” and/or any similar term shall be construed as reference to you as the MX Global’s user.
• By registering and opening an account to use our website and MX Global (each a “Client Account”), you represent that you are eligible to do so, and unconditionally agree that you have read, understood and accept all of the Terms and Conditions set out below, together with the Privacy Policy Statement, and the Self-Declared Risk Acknowledgment (as those terms are defined below) (collectively, the “Agreement”).
• You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in Malaysia that may be applicable to your use of our website and/or your MX Account.
• Please read this Terms and Conditions carefully before using our website because they affect your legal rights and obligations. MX Global may, in its sole and absolute discretion, refuse to open a User Account for you.

2. GENERAL MATTER

The platform operated by MX Global Sdn Bhd provides a user-friendly means to trade Fiat (as defined below) for the Supported Digital Asset (as defined below) and vice versa. It does not give Users (as defined below) the ability to trade Fiat for one form to another form of legal tender.

MX Global Sdn Bhd provides the following services to each Client:

• one or more hosted digital asset wallets (the "MX Wallet") enabling the Client to store, track, transfer, and manage the Client’s balances of Supported Digital Asset, currently BTC, ETH or XRP only.
• a digital asset exchange service enabling the Client to obtain prices for the purchase and sale of the Supported Digital Asset (“MX Exchange”);
• a digital asset trading exchange platform enabling the Client to buy (with Fiat) and sell (for Fiat) the Supported Digital Asset, or trade, in each case via transactions on MX Exchange by matching your trades with open orders from other Clients (the "Exchange Conversion Services"); and
• Such other products and services that MX Global provides to the Users and/or Clients from time to time, (collectively the "Digital Asset Services").

3. TERMS DEFINITIONS

3.1 For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:

4. AMENDMENTS TO AGREEMENT

4.1 MX Global reserves the right to amend or modify (in whole or in part) this Agreement at any time by publishing the revised version of this Agreement on our website.

4.2 The amendments to this Agreement will become effective and shall be deemed accepted by you, on and from the first time you access MX Global or the Digital Asset Services following MX Global publishing such amendments and they will apply on a going-forward basis with respect to any activity initiated after publishing.

4.3 You should visit our website regularly to check when the Terms and Conditions were last updated (as displayed at the top of this document) and to review the current Terms and Conditions. We will do our best to notify you of any amendments to the Terms and Conditions that we consider likely to materially affect your rights and obligations. Any such notice will be posted on our website, or sent by email to the address associated with your MX Account (see Electronic Communications).

4.4 The continued use of your MX Account, after any amendment to this Terms and Conditions, constitutes your acceptance of the Terms and Conditions, as modified by such amendment.

4.5 If you do not agree with any amendment to this Agreement, your sole and exclusive remedy is to close your Account. You agree that MX Global shall not be liable to you as a result of any loss or damage suffered or incurred by you arising out of or in connection with any amendments to, or MX Global’s exercise of its rights under, this Agreement.

5. ELIGIBILITY

5.1 By opening a MX Account, you expressly warrant and represent that:

5.2 You acknowledge and agree that you are not permitted to enter into this Agreement if:

By opening a MX Account, you accept and agree that MX Global may, without further notice and in its sole discretion, terminate, suspend or restrict the account of any customer who uses, or who we reasonably suspect may be using, our website or any MX Account in a manner that is inconsistent with the letter or spirit of this Terms and Conditions.

6. RISK DISCLOSURE

6.1 Before using our website, you should ensure that you understand the risks involved in buying, selling or trading digital assets. Digital asset markets can be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets.

This market volatility and other risks involved in buying, selling or trading digital assets are explained in our Self-Declared Risk Acknowledgment on our website. There may be additional risks not identified in this Terms and Conditions or in the Self-Declared Risk Acknowledgment.

You, therefore, confirm and agree that:

7. ELECTRONIC COMMUNICATIONS

• You accept and agree that:
• any communications, agreements, notices and/or any other documents (together “Communications”) relating to your MX Account or your use of MX Global’s services will be provided to you electronically by posting them on our website, emailing them to the email address you have provided to us, or through any other form of electronic communication. You consent to receiving all Communications electronically;
• without contrary to any other provisions under these Terms and Conditions, you hereby consent that we may contact you via phone calls, text messages, emails and other electronic methods in future by using the information provided by you during registration on the Platform.
• all electronic communications will be done in accordance with the Electronic Commerce Act 2006 and you hereby consent to receive electronically all related disclosures, including but not limited to documents, communications, notices, contracts, agreement or information statement from us or our affiliates, marketing partners, agents and other third party service providers who we may use
• you will at all times have available to you the necessary hardware and software to receive, access and retain Communications sent to you electronically, including a device with an internet connection and a valid and accessible email address;
• You are not allowed to change your registered email address as accounts are tied to an email address. If you suspected your account have been hacked and wish to change the email address, please contact our customer support service for assistance.

7.2 You may at any time withdraw your consent to receiving Communications electronically by contacting support@mxglobal.com.my

8. IDENTITY VERIFICATION

9. THE MX WALLET

9.1 The MX Wallet allows you to send, receive and store digital asset (together, “MX Wallet Transactions”).

The Supported Digital Asset may change from time to time. Under no circumstances should you attempt to carry out a MX Wallet Transaction in relation to a digital asset other than a Supported Digital Asset. In particular, but without limiting the generality of the foregoing, you accept and agree that you will have no access, entitlement or claim:

• to any digital asset sent to a receiving address associated with your MX Wallet where that digital asset is not a Supported Digital Asset;

Or;

• to any digital asset sent to a receiving address associated with your MX Wallet, where that receiving address is associated with another digital asset. For example, you will have no access, entitlement or claim to any Bitcoin (BTC) sent to a Bitcoin Cash (BCH) receiving address.

There is also a restriction imposed whereby the Supported Digital Asset can only be:

• transferred to the MX Wallet from any external wallet addresses which are not associated to any illicit activities; and
• transferred from the MX Wallet to any external wallet addresses which are not associated to any illicit activities.

9.2 Fiat in your MX Wallet

Fiat deposited into your MX Wallet (see Deposits) is solely for (1) the purchase of Supported Digital Assets and/or (2) Withdrawal to an approved bank account (see Withdrawals).

Proceeds from the sale of Supported Digital Assets will be credited to your fiat MX Wallet, less any applicable fees. MX Global does not pay interest on fiat or Supported Digital Asset balances held in your MX Wallet.

In relation to monies held in trust account, we opt for interest-free current account with the bank, hence no interest will be payable to the Client.

9.3 Transaction instructions.

MX Global will process MX Wallet Transactions according to your instructions.

You accept and agree that MX Global does not:

• guarantee the identity of any Client, receiver, or other party to a MX Wallet Transaction. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information prior to submitting transaction instructions to MX Exchange; or
• have any control over, or any liability in relation to, the delivery, quality or any other aspect of any goods or services that you may buy from or sell to another party. MX Global shall not be responsible for, and will take no action in relation to, ensuring that any buyer or seller you transact with using your MX Wallet completes the relevant transaction or has the requisite authority to do so.

You also acknowledge and accept that:

• Digital Asset Transactions cannot be reversed once they have been broadcasted to the relevant network facilitating the mining of such Supported Digital Asset (the “Supported Network”).
• Supported Digital Assets associated with Digital Asset Transactions that are in a pending state will be designated accordingly, and will not be displayed in your MX Wallet balance or the Client Account or be available for the Client to conduct subsequent Digital Asset Transactions until the relevant transaction is verified by the Supported Network.
• MX Global may refuse to process or may cancel any pending Digital Asset Transaction for any reason at its sole discretion (including but not limited to there being insufficient Fiat or Supported Digital Asset in the Client Account to settle the relevant transaction at the time of such instruction) or as required by applicable laws or any court or other regulatory authority to which MX Global is subjected to.
• In submitting Digital Asset Transactions, the Client is trading with other Clients and is not trading directly with MX Global.
• MX Global reserves the right to reject or cancel instructions made and/or pending during system downtime. Certain deposit or withdrawal requests may not be processed outside of normal banking hours in Malaysia.
• A Client may request to cancel or amend its instructions but MX Global is not obliged to accept any such request. Instructions may be cancelled or amended only before execution, and such Client agrees that MX Global shall incur no liability in connection therewith.
• MX Global assumes no responsibility or liability to the Client in connection with such Client’s use or attempt to use the MX Wallet, including where the Client attempts to send and/or receive digital currencies such as the Supported Digital Assets via the Digital Asset Transactions; and
• In the event of suspension or outage, Client agrees to transfer Supported Digital Asset in the Client’s MX Waller to another external wallet.

9.4 Receiving Digital Asset

You may receive Supported Digital Asset into your MX Wallet by providing the sender with a receiving address generated in your MX Wallet.

Your MX Wallet will only be credited with Supported Digital Asset sent to a receiving address generated through your MX Wallet and associated with that Supported Digital Asset. For example, your MX Wallet will be credited with ETH when it is sent to an ETH receiving address generated through your MX Wallet.

9.5 Funds received in error

In the event you know, suspect, or should reasonably know or suspect, that any fiat or digital asset has been credited to your MX Wallet (or to any bank account) in error, you must immediately notify MX Global of the error by submitting a ticket through the Support Page in our website.

You accept and agree that you have no claim or entitlement to any fiat or digital asset received in error, and must immediately return such funds in accordance with the instructions received from MX Global.

10. DEPOSITS

10.1 Deposit Requirements

Where your identity has been verified (in accordance with the Identity Verification requirements), you may deposit fiat into your MX Wallet by depositing funds into a MX Exchange bank account, held with a Malaysia bank (a “Deposit”).

Details of the MX Global bank account into which you must make the Deposit will be provided to you by MX Global, and any such bank account will be held and operated by a trustee.

As part of our deposit requirements, you must strictly adhere to the following:

• you can only make a Deposit from a bank account in Malaysia via bank transfer held in your own name. You must not allow any third party to make a Deposit on your behalf into MX’s bank account; and
• you must not use any other methods other than specified below (the “Rejected Deposit”). MX Exchange reserves the right to refuse any Rejected Deposit.
• you are only permitted to register one (1) beneficiary bank account only at any point of time.
• you may request to add the new beneficiary account for MX Global to perform KYC/Beneficiary check prior approval. Once a request for a change in beneficiary bank account is approved, the old beneficiary bank account listed will be automatically removed.
• Only bank accounts maintained with banks in Malaysia are allowed. You can only add bank accounts that are registered under your own name

10.2 Allocation of Deposits

When you request to make a Deposit through your MX Wallet in our website, you are required to upload proof of bank deposit (the “Deposit Proof”). To permit timely and successful allocation of a Deposit to your MX Wallet, you must ensure the Deposit Proof is uploaded correctly and successfully with clear information on the amount, date and time of deposit.

MX Global will not be responsible for any delay in or non-allocation of Deposits to your MX Wallet where you fail to correctly and successfully upload the Deposit Proof.

Deposits may take time to reflect in your MX Wallet due to bank processing times, operational processes, and/or failure by you to adhere to the Deposit Requirements. Under no circumstances will MX Global have any liability to you in relation to any delay of a Deposit reflecting in your MX Wallet .

MX Exchange will make all reasonable efforts to allocate Deposits that do not meet the Deposit Requirements by transferring the Rejected Deposits to your registered bank account upon getting your consent and after deducting all the relevant charges. However, any Deposits less than the withdrawal fee shall not be returned.

Any of your Rejected Deposits that cannot be allocated due to whatsoever reasons, shall be retained by MX Global, until you claim it. MX Global shall take the necessary measures to ensure you are the rightful owner of the Rejected Deposit.

10.3 Rejected Deposit

MX only accepts deposit of funds from client’s own account with a local bank. Hence, the funds MX receives via the transaction methods shown in the table below will not be reflected in your MX account.

Subsequently, you will be contacted by MX for the refund to be issued based on the Refund Process shown in the table below.

The funds received via the transaction methods shown in the table above will only be refunded back to the originating bank account and for any unclaimed funds will be lodged and transferred to the Registrar of Unclaimed Moneys after 3 months.

11. WITHDRAWALS

11.1 You may only withdraw your Fiat funds (Ringgit, MYR) from your MX Fiat Account to your local bank account opened under your name with a Malaysia regulated financial institution. Where you have added your bank account details to your MX Account, you may withdraw funds from your MX Wallet to your bank account (a “Withdrawal”). MX Global will process Withdrawals in accordance with your instructions.

You are solely responsible for ensuring that any Withdrawal instructions provided to MX Global, including the relevant bank account number, are complete and correct and you accept and agree that under no circumstances will MX Global be under any obligation to reverse or amend any Withdrawal.

MX Global will make all reasonable efforts to process Withdrawals each business day, but you accept and agree that MX Global provides no guarantee in relation to the Withdrawal processing period.

In relation to withdrawal of Digital Assets, there will be a processing duration to facilitate the withdrawal request.

11.2 Withdrawals to the bank account of any third party are expressly prohibited.

You agree not to make, or attempt to make, any Withdrawal of funds from your MX Wallet to the bank account of a third party and accept that any such Withdrawal may be refused and/or result in the restriction, suspension or termination of your MX Account.

12. THE MX EXCHANGE

12.1 The MX Exchange is an order book exchange platform for digital asset that is intended for use by customers with experience in and/or knowledge of similar platforms. Any person using the MX Exchange does so entirely at their own risk.

In accessing and/or using the MX Exchange for any purpose, you agree and accept that:

• all trades executed on the MX Exchange are executed automatically, based on the parameters of your order instructions, and cannot be reversed. In the case of technical issues affecting MX Exchange’s internal systems, MX Global may, where possible and in its sole discretion, take steps to reverse or otherwise amend a trade;
• all trading on the MX Exchange is subject to MX Global’s fee structure, as posted on our website. By using the MX Exchange, you accept and agree to all applicable fees; and
• MX Global makes no guarantee that the MX Exchange will be available without interruption; that there will be no delays, failures, errors, omissions or loss of transmitted information; or that any order will be executed, accepted, recorded, or remain open.

MX Global may, at any time and in our sole discretion, refuse any trade, impose limits on the trade amount permitted, or impose any other conditions or restrictions upon your use of the MX Exchange that we deem necessary. We may, for example, limit the number of open orders that you may establish or restrict trades from certain locations. MX Global reserves the right to take such action without prior notice.

13. FEES

13.1 The fees applicable to transactions undertaken on the MX Global can be viewed under Fees & Charges on our website. MX Global reserves the right to change our fees at any time and will update the Fees & Charges page accordingly.

14. ACCOUNT SECURITY

14.1 MX Global takes security very seriously and the measures we have in place to protect your MX Account. However, you are solely responsible for:

• maintaining adequate security and control over your MX Account sign-in details, including but not limited to any passwords, or any other login credentials associated with your MX Account;
• activating of two factor authentication on your MX account;
• keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security (see Electronic Communications; and
• maintaining security and control over the email mailbox, phone number and two-factor authentication applications or devices associated with your MX Account.

Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your MX Account and the loss or theft of any digital asset and/or Fiat balances held in your MX Wallet or any linked bank account(s). MX Global shall have no liability to you for or in connection with any unauthorised access to your MX Account, where such unauthorised access was due to no fault of MX Global, and/or any failure by you to act upon any notice or alert that we send to you.

The security of your MX Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. MX Global strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks. You should immediately notify MX Global about any unusual, suspicious, unclear or abnormal changes in relation to your MX Account, or any unauthorized use of your MX Account, or any security breaches in relation to your MX Account.

Care should be taken in reviewing messages purporting to originate from MX Global and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your MX Account through our website to review any transactions or required actions.

To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your MX Account and accept all risks of any unauthorised or authorised access to your MX Account.

14.2 PRIVATE KEYS

MX Global along with the Business Wallet service provider of the Exchange and the appointed independent trustee securely stores all Supported Digital Asset private keys (“Private Keys”) associated with any MX Account. You accept and agree that MX Global shall retain full ownership and control of the Private Keys associated with your MX Account and that you shall have no control of, access to, or the ability to use, such Private Keys. For example, but without limiting the generality of the foregoing, MX Global will not:

• accept or adhere to any instruction to sign any data with a Private Key;
• give access to any funds associated with your private keys, other than those of the Supported Digital Asset associated with your digital asset wallet;
• allow the creation of any receiving addresses associated with a Private Key other than the receiving addresses created through your MX Wallet. MX Global will not credit to your MX Wallet any digital asset associated with a Private Key other than where such funds have been received via a receiving address generated through your MX Wallet.

15. SERVICE AVAILABILITY

15.1 While we will do everything, we can to provide continuous operations, MX Global does not provide any warranty in relation to the availability of our website or your MX Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to our website or your MX Account and make no representation that our website, MX Global API , your MX Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.

15.2 Although we intend to provide accurate and timely information on the website, the website may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.

15.3 In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable laws, be changed or updated from time to time without notice to you, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.

16. TRANSACTIONS ON DIGITAL ASSET NETWORKS

16.1 When you use your MX Account to send or receive digital asset, the transaction must be confirmed and recorded in the public ledger associated with the relevant digital asset network (e.g. the Bitcoin network, the Ethereum network and such other). That digital asset network is solely responsible for verifying and confirming any such transactions. MX Global cannot confirm, cancel or reverse transactions on a digital asset network, other than confirming to you that the network has completed the transaction. You accept and agree that:

• Once submitted to a digital asset network, a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your MX Wallet balance or be available to you to conduct transactions;
• When you send digital asset from your MX Account, you are authorising us to submit your transaction request to the relevant digital asset network. Once a transaction request has been submitted to the relevant digital asset network, the network will automatically complete or reject the request and neither you nor MX Global will be able to cancel or otherwise modify your transaction; and
• Digital Asset networks are operated by decentralised networks of independent third parties. They are not owned, controlled or operated by MX Global so we cannot ensure that any transaction details you submit will be confirmed by the relevant digital asset network. You agree that any transaction details you submit may not be completed, or may be substantially delayed, by the digital asset network used to process the transaction.

16.2 Network protocols and operating rules

The underlying software protocols that govern the operation of the Supported Digital Assets are open source. Accordingly, anyone can use, copy, modify, and distribute them and MX Global has no ownership of or control over these protocols. By using our website, you accept and agree that:

• MX Global is not responsible for the operation of any digital asset network’s underlying software protocols and makes no guarantee as to their availability, security, or functionality;
• the underlying software protocols are subject to sudden changes in operating rules (known as “forks”), and that such forks may materially affect the value, function, and/or name of any digital asset you store in your MX Account. Should a fork occur, MX Global may, with or without notice to you, temporarily suspend our operations and, in our sole discretion, decide whether or not to support either branch of the forked protocol entirely; and
• in the event MX Global decides not to support a branch of a forked protocol, you will not be given access to the assets on that fork. Those assets will be securely held by MX Global and we will not buy or sell them.

17. ACCOUNT INACTIVITY

17.1 Your account will become dormant once our system shows no record of any use of your MX account within 12 months periods. Your access to the account will be block and to re-activate your dormant account, you will be asked to furnish information and documentation in order for us to verify your identity.

17.2. Fiat deposited into your MX Wallet may only be used for the purchase of Supported Digital Assets and/or Withdrawal to an approved bank account (see The MX Wallet). You must not use your MX Wallet for the purpose of storing Fiat.

Should we have reasonable grounds on which to suspect you are using your MX Wallet primarily for the purpose of storing Fiat, MX Global reserves the right to restrict, suspend or terminate your MX Account. 

17.3 Unclaimed property

In the event any funds are held in your MX Wallet(s) and MX Global has no record of any use of your MX Account for two years, and we are unable to contact you, the law may require us to report and deliver such funds to the relevant authorities as unclaimed property.

18. CLOSURE OF YOUR ACCOUNT

18.1 You acknowledge and agree that:

• MX Global may, at its sole discretion, close its Client Account at any time;
• You may close your MX Account, by submitting a closure request via the Support page on our website;
• the Client is responsible for any fees, costs, expenses, charges or obligations (including, but not limited to, legal and court fees or transfer costs of fiat currency) associated with closing its Client Account;
• if the Outstanding Amounts and/or the Client Account closing costs exceed the balance in the Client Account, such Client will be responsible for reimbursing MX Global, with such costs to be paid in full. For clarity, MX Global reserves the right to refuse to close the relevant Client Account in such circumstances.

When MX Global initiates the MX Account closure, MX Global shall notify the Client to transfer the digital asset balance into digital asset wallet held outside MX Exchange and to perform a fiat withdrawal request within 30 working days. After the given period and if there is still no response from the Client, the registered account shall be unilaterally closed.

The undrawn asset/ proceeds of the account that has been terminated will be kept within the exchange for 2 years period. After the 2 years period, the unclaimed asset shall be liquidated and surrendered to the Registrar of Unclaimed Moneys, in accordance with the provisions of the Malaysian Unclaimed Moneys Act 1965.

Similarly, if you request to close your MX Account, you must transfer out your digital asset balance into digital asset wallet held outside MX Exchange and to perform a fiat withdrawal request within next day from the date of closure request approved.

You accept and acknowledge that, once your MX Account is closed:

• you will have no further access to it;
• MX Global will be under no obligation to notify you of, or provide to you, any digital asset sent to any receiving address associated with your MX Account; and
• MX Global reserves the right (but has no obligation) to delete all of your information and account data stored on our servers, and also reserves the right to retain any information that is required for legal or operational reasons.

You accept and agree that MX Global shall not be liable to you or any third party in relation to the closure of your MX Account, the termination of access to your MX Account, or for the deletion of your information or MX Account data.

19. RESTRICTION, SUSPENSION AND TERMINATION

• MX Global reserves the right to restrict, suspend or terminate your MX Account where:
• we reasonably suspect your MX Account to be the subject of an operational error or other error, in which case we may be required to suspend access to your account until such time as the error is rectified;
• we reasonably believe that we need to do so in order to protect our reputation, integrity or smooth operation of the Platform;
• we reasonably suspect that your MX Account has been or is being used for any unlawful, fraudulent or prohibited activity under any laws, regulations or guidelines, or in breach of this Terms and Conditions;
• we reasonably suspect that you have conducted or your MX Account has been used to conduct market manipulating activities that disrupt the fair play in the marketplace;
• we reasonably suspect you or your MX Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;
• we reasonably suspect you of taking any action that MX Global considers to be a circumvention of MX Global’s controls, including but not limited to opening multiple MX Accounts or abusing promotions which we may offer from time to time;
• we reasonably suspect your involvement in any attempt to gain unauthorised access to any other MX Account;
• your MX Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider that there is a heightened risk of legal or regulatory non-compliance associated with your MX Account;
• your MX Account is dormant for a period in excess of 12 months;
• we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority or required by any applicable laws or regulations;
• your name appears on a government or international body sanctions list; or
• such suspension is deemed appropriate by us at our sole discretion.

19.2 In the event that the Digital Asset Services or your Client Account, is restricted, terminated or suspended by us due to reasons stated in Clause 19.1 or fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to: the Capital Market and Services Act 2007, Financial Services Act 2013, Islamic Financial Services Act 2013, Anti‑Money Laundering, Anti‑Terrorism Financing and Proceeds of Unlawful Activities Act 2001 or any regulation and/or guidelines made thereunder):

• we shall not be under any obligation to refund you the whole or any part of any fees paid or payable by you;
• you are not entitled to any compensation or indemnification for loss of rights, goodwill or otherwise, as a result of the termination in accordance with these Terms and Conditions; and
• any and all of your liabilities to us that have accrued before the effective date of the suspension, termination or cancellation shall survive even after the suspension, restriction or termination.

19.3 Notwithstanding Clause 19.1 above, in the event that we reasonably suspect that you pose a high risk of financial crimes, including financing of terrorism and proliferation financing, we reserve the right to:

• freeze your funds or block your transaction (where applicable);
• reject your transaction, if the transaction has not commenced; and
• execute the necessary actions in compliance with the relevant laws, regulations and guidelines.

19.4 The freezing of funds or accounts shall remain in effect until we can get confirmation with documentary evidence that:

• you have been delisted by the sanctions list which caused the freezing of your funds or accounts; or
• your funds or accounts have been inadvertently affected by virtue of you having the same or similar name with a designated person.

19.5 We shall not be obliged to refund the available balance (if any) in your MX Account until and unless clearance has been obtained from the relevant authorities, if applicable.

19.6 We will endeavour to up-lift the suspension of your MX Account as soon as reasonably practicable once the reasons for refusal and/or suspension no longer exist. However, in the event that your order or transaction is not completed due to your MX account being suspended, we are under no obligation to allow you to reinstate the order or transaction at the same price or on the same terms as the suspended, reversed or cancelled order or transaction.

19.7 You will be notified via e-mail if your MX Account has either been suspended or terminated. We may suspend, restrict, or terminate your use of or access to the Website / Platform and/or deactivate or cancel your MX Account, as we deem fit without providing to you any reason whatsoever. You acknowledge that our decision to take certain actions, including limiting access to suspension, restriction or termination of your MX Account, may be based on confidential criteria that are essential for the purposes of our risk management, security protocols or compliance to the relevant laws, regulations and guidelines. You agree that we are under no obligation to disclose the details of such risk management and security protocols to you.

19.8 Upon the invocation of suspension of your MX Account, your access to the MX Exchange will be blocked and all your pending order or transaction shall immediately be cancelled. You will no longer be able to make or execute any order or transaction through the Platform and we shall not be liable to you for any losses, damages or costs arising from such suspension.

19.9 Upon the invocation of termination of your MX Account, you will be given 30 days to withdraw all your available balance in MX account and your pending order or transaction shall immediately be cancelled. You will no longer be able to make or execute any order or transaction through the Platform. Once the 30 days period lapsed, your access to the Platform will be blocked and we shall not be liable to you for any losses, damages or costs arising from such termination.

20. MARKET INTEGRITY PROVISION

20.1 Trading Operations

• MX Global discloses information about its market structure, order types and the interactions of the order types, if any, on the platform.
• MX Global has adequate arrangements and processes as is reasonable to deter manipulative activities on the platform and ensure proper execution of trades.
• MX Global has adequate arrangements and processes as is reasonable to manage excessive volatility of its platform (i.e: circuit breaker mechanism).
• MX Global has adequate arrangements and processes as is reasonable to manage error trades caused by any technical fault of the system.
• MX Global has adequate arrangements and processes as is reasonable to manage systems error, failure or malfunction.
• MX Global has adequate arrangements and processes as is reasonable to manage Clients’ assets in the event of any suspension or outages of the platform, including transfer or withdrawal procedures.

20.2 Market Transparency

• MX Global ensures trading information, both pre-trade and post-trade, is made publicly available on a real-time basis.
• MX Global makes available in a comprehensible manner and on a timely basis, material information or changes to the tradable Supported Digital Assets.

20.3 Market Making

In order to provide liquidity of Digital Assets to all of the users in a fair and transparent environment, MX Global conducts market making on its platform based on the following methodology as permitted under the RMO guidelines.

Methodology

• All market making activities carried out by MX Global are from its own funds deposited to the platform and such funds will be replenished as and when it is needed to ensure that the market making activities can be carried out with minimal disruption.
• The prices for all orders placed by MX Global are referenced real-time from international exchanges and is denominated in “MYR”;
• All of the orders are placed via a proprietary trading algorithm which is built based on the exchange’s open Application Programming Interface (“API”) which has been enabled for all users.
• MX Global’s market making account is subject to the same compliance policies/framework, fees and account limitations that applies to all users, and does not engage in front-running users’ orders.

Note: MX Global reserves the rights to amend this parameter to adjust to market conditions

21. USE OF MX GLOBAL API

21.1 This section applies to any use of MX Global’s Application Programming Interface and any associated documentation or materials (together, the “MX Global API”).

21.2 Any use of the MX Global API is entirely at your own risk. It is your responsibility to keep any API keys, passwords or other credentials relating to your use of the MX Global API secure, and you accept and agree that you take full responsibility for any and all requests made over the API, whether authorised by you or not.

21.3 MX Global sets and enforces limits on your use of the MX Global API (e.g. limiting the number of requests per second). You accept and agree that any circumvention of, or attempt to circumvent, these limits, or any use of the API that may adversely affect other users of the MX Global Site, may result in MX Global, at its sole discretion, revoking your API access.

21.4 Where market data is provided to you through the MX Global API, you are not permitted to redistribute or sell such data without the prior written consent of MX Global.

22. FINANCIAL ADVICE

22.1 Under no circumstances does any information contained on our website, or provided to you through your MX Account or by any employee, agent or affiliate of MX Global, constitute financial, investment or other professional advice.

You are solely responsible for any decision to store, buy or sell digital asset, and such decision should take into account your risk tolerance and financial circumstances.

For more information on the risks involved, see Risks and the Self-Declared Risk Acknowledgment on our website. You should consult your legal or tax professional in relation to your specific situation.

23. TAXES

23.1 You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you carry out through your MX Account, and for withholding, collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities.

24. PROHIBITED ACTIVITIES

24.1 You must not use your MX Account to undertake any of the activities or categories of activity set out in this section (each a “Prohibited Activity”):

• violation of any laws, statutes, ordinance or regulations (including but not limited to the Guidelines on Recognized Markets issued by the Securities Commission of Malaysia) ;
• conducting market manipulation activities, including but not limited to:
• execution of the transaction is inconsistent with the recent trading activity in the marketplace, taking into account prevailing market conditions;
• non-bona fide orders placed is for the purpose of generating unnecessary volatility or creating a condition in which prices do not or will not reflect fair market values intended to mislead other Clients;
• orders are initially placed in multiple price tiers on one side of the orderbook and having them switched to the other side of the orderbook;
• execution of transaction is likely to coincide with or influence the calculation of circuit breaker prices and settlement prices;
• execution of the transaction involves the placing of multiple buy orders and sell orders at various prices higher or lower than the market price, or the placing of buy and sell orders that give the appearance of increased volume;
• involvement of several individuals/parties who are connected or associated with each other in the transactions made, not limiting to events like “Money Pass”, “Wash Sales” or “Collusion”;
• placement of orders which has been pre-arranged (or discussed with another Client(s)) for the purpose of creating an artificial price or other disruptive, fraudulent, non-competitive, or unfair impact on the marketplace; or
• execution of transactions that is responsible for any unusual price movement on one side of the orderbook and then to have execution of transactions in the reverse direction of the orderbook to capitalize on the price movement in several loops.
• undertaking, facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking;
• unmannerly activity, including but not limited to:
• imposing an unreasonable or disproportionately large load on MX Global’s infrastructure, or otherwise taking any action that may negatively affect the performance of our website or MX Global’s reputation;
• attempting to gain unauthorised access to our website or any MX Account;
• transmitting or uploading any material to our website that contains viruses, Trojan horses, worms, or any other harmful programmes; or
• transferring your MX Account access or rights to your MX Account to a third party, unless as required by law or with MX Global’s prior consent.
• paying in to or otherwise supporting pyramid schemes, Ponzi schemes, matrix programmes, “get rich quick” schemes, multi-level marketing programmes or high-yield investment programmes;
• fraudulent activity, including but not limited to taking any actions that defraud MX Global or a MX Global customer, or the provision of any false, inaccurate, or misleading information to MX Global;
• transactions involving items that may help facilitate or enable illegal activity; promote or facilitate hate, violence or racial intolerance, are considered obscene, or may be stolen goods or the proceeds of crime;
• transactions involving TOR markets, online gambling sites or mixers;
• sale or purchase of narcotics or controlled substances; or
• intellectual property infringement.

24.2 By opening a MX Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity.

Unless you have obtained the prior written approval of MX Global, you accept and agree that you will not use your MX Account to conduct or operate any of the following business activities or categories of activity:

• money services, including but not limited to money or digital asset transmission, currency or digital asset exchange or dealing, payment service providers, e-money or any other financial services business;
• gambling or gaming services;
• charitable or religious / spiritual organisations;
• consumer lending services, including but not limited to secured and unsecured loans, cash advances; or
• investment funds, asset management, or brokerage services.

We reserve the right to restrict, suspend or terminate your MX Account if we suspect, in our sole discretion, that you are using, or have used, your MX Account in association with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of MX Global.

25. RESTRICTED ACCESS AND ACTIVITIES

25.1 Our website and the Digital Asset Services are not directed at or intended for distribution to any person where the use of our website and/or Services would be contrary to applicable law or regulation or would subject MX Global to any registration or licensing requirement in Malaysia. Persons who wish to access our website are required to inform themselves about and to observe any legal or regulatory restrictions which may affect their eligibility to access our website and/or use the Digital Asset Services. Professional advice should be sought from a financial or other professional adviser regarding the suitability of any investments.

26. DISCLAIMER OF WARRANTIES

26.1 Our website, your MX Account and any related products or services are offered on a strictly “as-is” and “where-available” basis and MX Global expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, our website, your MX Account, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.

27. LIMITATION OF LIABILITY

27.1 In no event shall MX Global or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of our website and/or your MX Account, including without limitation any damages caused by or resulting from any reliance upon any information received from MX Global, 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 unauthorised access to MX Global’s records, programmes or services.

In no event will any liability of MX Global or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of our website or your MX Account.

28. INDEMNITY

28.1 To the maximum extent permitted by law, you agree to indemnify MX Global or any other affiliates (including their respective directors, members, employees or agents) against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of or conduct in relation to our website and/or your MX Account, or from your violation of this Terms and Conditions.

28.2 The Client shall cooperate with and assist MX Global in connection with any investigation, examination or enquiry by any government or regulatory entity. The Client shall promptly provide MX Global with any documents, certification, record or other records it may request in connection with such investigation, examination or enquiry.

29. DISPUTES

29.1 We reserve the right, with or without prior notice to you, to take any one or more of the following actions in the event that you are in breach (or we have reasonable cause to believe that you are in breach) of your use of MX Global or any provision under this Terms and Conditions, or we have reasonable grounds or suspicion that you are using MX Global or any of its features or promotions in a manner contrary to its intended purpose or is deceased, declared bankrupt, insolvent or enter into liquidation or found to be in default of your debt obligation with any licensed bank by a court of Malaysia or elsewhere:-

• We may decline to perform or allow a transaction to be performed or completed.
• We may reverse the transactions which have been performed or completed.
• We may suspend and/or terminate your MX Global account, MX Global Wallet and the Digital Asset Services.
• We may levy a fee or claim damages or other losses from you.
• We may report the transaction to relevant authorities or law enforcement agencies.
• We may deal with any such trustee, administrator, executive or representative of the courts as in our sole discretion deem fit.
• We may take such other action as we may deem necessary or commensurate with the nature or extent of the breach, abuse or misuse.

30. RESOLUTION OF DISPUTE

30.1 If you discover any error or discrepancy in your account, you must contact us within three (3) days from the date of the disputed transaction, failing which you shall be deemed to have accepted the accuracy of your transaction. In the event that it is revealed in the course of our investigation that the disputed transaction was indeed made in error by us, we will refund the disputed sum accordingly.

30.2 You hereby agree and consent to the use by MX Global and/or its employees, personnel and advisors of any information related to you, the particulars of the transaction(s) or any designated account relating to the transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the disputed transaction(s) and that this consent shall survive the termination of the service and/or this agreement. You further agree that in the event of a dispute or claim of any nature arising in respect of any transaction, the records of the transaction(s) generated by us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.

30.3 In the event of a complaint, please set out the cause of your complaint. We will acknowledge receipt of your complaint if you contact us via our Customer Support webpage. A Customer Service officer will consider your complaint. Within two (2) working days of our receipt of your complaint, the Officer will address all points raised in your complaint by sending you feedback or to request for additional time to resolve the complaint in no longer than 14 days. 

30.4 If you remain unsatisfied with our response, you may refer the disputes to Securities Commissions by contacting the Consumer and Investor Office as follows:

31. REFUND

31.1 If you require a refund for any transaction carried out pursuant to the services, you may contact us by email us at support@mxglobal.com.my Refund shall be initiated and is subjected to our determining to our satisfaction that your money was wrongly deducted from your account for payment by us due to:

• technical error of MX Global where your attempted transaction does not go through; or
• wrong amount of Fiat was debited from your account.

31.2 The refund shall be done within a month from the date the claim is made by you.

31.3 We reserve our right not to refund any disputed amount to you if we believe you acted in contrary to this Term and Conditions.

32. INTELECTUAL PROPERTY RIGHTS

32.1 The website and the Digital Asset Services are proprietary to MX Global.

32.2 Except as set out in this Agreement, each Client agrees not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from or store MX Global (or any portion thereof, including MX Global source code or data or other information provided via MX Global) without MX Global’s express prior written consent.

32.3 MX Global hereby grants each Client a non-assignable and non-exclusive personal, revocable, royalty-free licence to use MX Global and the Digital Asset Services only in Malaysia and to access data and other informational content through MX Global in accordance with this Agreement.

32.4 MX Global and its trademarks and logos (whether registered or unregistered) (the “Marks”) are proprietary Marks licensed to MX Global and protected by applicable trademark laws. Nothing contained in this Agreement should be construed as granting any licence to or right to use any of the Marks displayed here to a Client without MX Global’s express written consent. 

33. LINKS TO THIRD PARTY MATERIALS AND WEBSITES

33.1 In accessing MX Global or receiving the Digital Asset Services, the Client may view content (including links to third party websites) (collectively “Additional Content”) provided by parties other than MX Global (“Third Parties”).

33.2 MX Global does not control or endorse any Additional Content and is not liable for any loss or damage suffered or incurred by a Client in relation to any act or omission of such Client arising out of or in connection with any Additional Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.

33.3 Each Client’s dealings or correspondence with a Third party are solely between that Client and the relevant Third Party. MX Global is not responsible and excludes all liability for any loss or damage suffered or incurred by a Client arising out of or in connection with such dealings. 

33.4 Each Client acknowledges and agrees that its use of any Additional Content is at its own risk.

33.5 MXGlobal uses TradingView technology to display crypto prices on charts. TradingView is a charting platform for a global community of traders and investors. Supported by robust technologies across browser, desktop, and mobile apps, the platform provides unparalleled access to real-time data e.g., BTC USD Chart , the latest news, financial reports, Stock screener, and Economic calendar

34. MISCELLANEOUS

34.1 Entire agreement.

This Terms and Conditions constitute the entire agreement and understanding between you and MX Global with respect to their subject matter and supersede any and all prior discussions, agreements and understandings of any kind between you and MX Global (including but not limited to any prior versions of this Terms and Conditions.

34.2 Severability.

If any provision of this Terms and Conditions, as amended from time to time, is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Terms and Conditions but the legality, validity and enforceability of the other provisions in this Terms and Conditions shall not be affected and everything else in this Terms and Conditions will continue in full force and effect.

34.3 Assignment.

You may not assign or transfer any of your rights or obligations under this Terms and Conditions without MX Global’s prior written approval. You give MX Global your approval to assign or transfer this Terms and Conditions in whole or in part, including but not limited to: (i) a subsidiary or affiliate; (ii) an acquirer of MX Global’s equity, business or assets; or (iii) a successor by merger.

34.4 Change of control

In the event that MX Global is acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

34.5 Force Majeure

MX Global shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.

34.6 Survival

All provisions of this Terms and Conditions that by their nature extend beyond the expiry or termination of this Terms and Conditions, including but not limited to, sections relating to the suspension or termination of your MX Account, use of our website, disputes with MX Global and general provisions, shall survive the termination of this Terms and Conditions.

34.8 Headings

Section headings in this Terms and Conditions are for convenience only, and shall not govern the meaning or interpretation of any provision of this Terms and Conditions.

34.9 English language controls

Notwithstanding any other provision of this Terms and Conditions, any translation is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretation in the English language. Any translation provided may not accurately represent the information in the original English.