Terms of Services

By registering with nuex.com you accept and agree to Terms of Services - T.o.S. (Italian language is authentic)


Premise

Ubiquibit S.r.l. (herein referred as “Ubiquibit”) performs consistent activity, on a professional basis, under art.1, comma 2, D.Lgs. 231 del 2007, of functional services in the exchange of virtual currency to other virtual currency, excluding the activity of conversion of virtual currencies to currencies having legal tender, as well as in the provision of other accessory services (herein referred as the “Services”). The Services are offers from Ubiquibit to its members (herein referred as the “Users”) across the exchange platform marketplace Nuex (www.nuex.com) through which the Users can directly exchange with other virtual currency Users. The access to the Nuex platform is reserved to registered Users and the Services are carried out based on the present clauses (herein referred to as “Terms of Services” or T.o.s.”). We invite you to read with maximum attention the T.o.S. The Services are services provided long distance through the Internet network. Clicking “Accept” and/or using some of the Services, the Users accept to abide by the integral rules of the T.o.S. If you don't intend to accept the T.o.S. You shouldn’t click “Accept”, nor log into the Services page. It is your responsibility to verify that the Services meet up to your expectations and needs before clicking “Accept” or to log onto the same Services.

Definitions

In the T.o.S. clauses, the following terms will have the same conventional attributed meanings:
Account
relates to the virtual account dedicated by the User that comes alive at the corresponding registration.
Login information
relates to both (i) username and (ii) password chosen by the Users at the centre of registration for the access to their Nuex account;
Nuex
relates to the exchange platform marketplace Nuex accessible at the address www.nuex.com;
Services
As indicated in the premise;
Terms of Services
As indicated in the premise;
T.o.S
As indicated in the premise;
Ubiquibit
relates to the company Ubiquibit S.r.l., with legal headquarters in Carpi (MO), Tangenziale Bruno Losi n. 129, Italia – C.A.P. 41012 – fiscal code and VAT n. 03800880365, REA: MO - 418790; PEC (Certified Email address): [email protected];
Users
As indicated in the premise;

Access to services and registration

To access the Services you must register on the Nuex platform. The registration requests that you, the User, provides:
all the information indicated as mandatory on the Nuex platform and
if need be the ulterior information indicated as optional on the Nuex platform.
On the Nuex platform you will find the guide for the mandatory and optional information to be provided at the end of the registration. Clicking “Accept” you will be declaring to have understood that some Services could also be reserved for technical reasons. This refers only to Users that are seen to provide the optional data indicated, as may need be, on the Nuex platform.
The information inserted in the registration phase takes the name of the User (“Username”), that corresponds to the supplied email address, and the access key (“Password”) that, jointly considered, constitute the Login information.
At the completion of the registration you will have, as User, access to an account dedicated to you. The operation of the account is however subordinate to the completion of registration by confirming the link you will receive at your supplied email address.
Registration on the Nuex platform and the access to the account are free.
The User account has an unlimited duration, retaining the right of Ubiquibit and of the Users to withdraw unilaterally in whichever moment of the contractual relationship, with resulting cancellation of the account, prior to simple communication from one to the other by email.

Non consented User activity

Users are prohibited to carry out activities in the following list without the preventive consent from Ubiquibit:
sharing the Login information with any third party or consent to whichever third party utilizing the Login information, independent of the fact whether or not these activities are carried out in light of payment;
assigning or transferring their own account or whichever way in which the Users can be owners based on the T.o.S. to any third party, independent of whether or not these activities are carried out in light of payment;
Use of Services with the means to lend or offer any service to any third party or any usage of the Services for different purposes that are strictly personal;
publishing, spreading or supplying copy to any third party of the information made available on the Nuex platform;
cancelling, removing or altering whichever brand, logo, image or given title of Ubiquibit.

The Services

the Services lent through the Nuex platform consist of:
in the possibility that the User, within limits stated in the Nuex platform, for the type of virtual currency between those exchanged on the same platform and according to the procedure therein indicated, to trust in Ubiquibit the availability of virtual currency in means of being able to exchange subsequently with the other Users (completing the indicated procedure in the Nuex platform, the virtual currency will be associated automatically to your account, retaining the right of Ubiquibit, in ways of security, as to manage fully autonomously the cryptographic keys necessary for the subsequent possible transfer to third parties of the virtual currency in question),
in the possibility for the User to exchange with other Users the virtual currency associated with the right account operating on the Nuex platform, according to the same indicated procedure, with automatic result (i) elimination of the account of reference of the quantitative virtual currency from time to time sold and (ii) assignment to the same account of reference of the quantitative virtual currency from time to time bought (completing the procedure indicated in the platform Nuex the virtual currency sold by you will be associated to the account of the User that has bought it, while the one bought by you will be automatically associated to the account);
in the possibility of the User withdrawing from the account dedicated to them, within the limits stated on the Nuex platform for such type of virtual currency exchanged on the same platform and according to the procedure as stated, the virtual currency already trusted to the availability of Ubiquibit with transfer of this availability to favour the same User on the same address as stated in the withdrawal office (the virtual currency will be transferred automatically to this address).
The user takes note, accepts and recognises that until the time the Services are completely excluded, the activity gives consent to convert the virtual currencies into fiat currencies.
The User takes note, accepts and recognises that for mere security purposes, the practice from the part of the User, of activities stated in the previous article 4.1, can also be obligatorily subordinate to Ubiquibit at the estimated completion, from the part of the User, of specific actions confirming the same willingness in completing the activities at hand, as well by means of validation tools or double authentication (as said “2FA” or “two factors authentication”).
It is in any case intended that the User has the exclusive responsibility to manage all information, mechanism or tool of validation or double authentication or, however, gives long distant consent to the corresponding identification in way to impede in any way abusive access to the same dedicated account. In any case the User will have to inform Ubiquibit immediately, for whichever abusive access it is aware of or suspects on their account, such as a loss or involuntary spreading of the Login information to third parties or, even, the fact that, for whatever reason, third parties have had or have access to the same or, even, to any other information, mechanism or tool of validation or double authentication or however, gives online consent to the identification of the User to impede in any way abusive access to the same dedicated account.
For the effect the User indemnifies until the time Ubiquibit for any risk, prejudice, damage, cost or honour no one excluded, deriving from one inadequate custody and conservation of the Login information a/o from an improper usage or negligence of any information, meccanism, or tool of validation or double authentication or, however, aimed at enabling the online corresponding identification to impede any form of abusive access to the same dedicated account.
The User takes note, accepts and recognises that the occuring times for the completion of the procedure, states in the Nuex platform in relation to the activity indicated at the point 4.1 preceding that they will be able to vary according to the type of virtual currency and of the stacking up of single orders of purchase or sales. In any case, the User will not be able to take advantage in any way towards Ubiquibit for any concerning delay or failure to respect the procedure indicated in the Nuex platform.
For activities referred to in point 4.1.1:
The trust to Ubiquibit in the availability of the User’s virtual currency will be limited by determined thresholds, functioning by the virtual currency and of the level of verification of the User according to the procedure indicated in the Nuex platform;
Ubiquibit will be able to immediately end the relationship with the User, with consequential elimination of the account, in the case in which the address of provenance of the virtual currency trusted to the availability of Ubiquibit results, directly or indirectly, associated to employee addresses for the completion of illicit or suspect activity for the completion of the activity, retaining the right of the User to pull out of the virtual currency in question and stop, despite the right of Ubiquibit to signal the circumstance to the competent authority;
in a specific section of the account, the User will be able to access all the information regarding the history of the virtual currencies trusted to the availability of Ubiquibit in way of being able to subsequently exchange the same ones with other Users.
For activities referred to in point 4.1.2:
The exchange of virtual currency between Users will be able to be, time after time, limited by the determined threshold a second type of virtual currency that constitutes item of exchange;
It’s exclusive responsibility of the User to indicate, time after time, at the moment of the insertion of the proper order of purchasing or selling, the following information: - the virtual currency to purchase for or to sell to other Users; - The stacking of such virtual currency to purchase or sell to other Users; - The type of virtual currency with which effects the exchange; - The stacking of such virtual currency and the consequent price;
The exchange of virtual currency between the Users will come prior crossed (matching) of the orders of purchase and sale inserted in the Book of the Nuex platform;
to the User will be able to be consented, according to the procedure stated in the Nuex platform, to insert in the Book purchasing orders or sales indicating the information highlighted in the previous point 4.8.2 with exception of the price (in these cases the Nuex platform will individualise the orders resulting in the Book that, complexingly considered, the consent to satisfy that of the User in question, parting from those with better conditions for the same User and proceed with those that hand in hand present conditions less favourable, until the point that it doesn't reach the amount indicated by such User in the moment of the insertion of their own order);
in a specific section of the account the User will be able to access all the data regarding: - the proper use of acquisition or sales inserted in the Book and not executed; - the historic exchanges made through the Nuex platform.
For the activity highlighted in the point 4.1.3:
the withdrawal of the virtual currency of the account by the User will be able to be limited by the determined threshold according to the type of virtual currency and of the level of verification of the User according the procedure indicated in the Nuex platform;
the User is responsible for providing Ubiquibit an address in which the same User has the full control and the exclusive management and must ensure that the address provided for the withdrawal is correct;
the User, undertakes exclusive responsibility, by means of handling confidentiality to the own personal data, will have beyond that, avoid providing the same address on further occasions and will be directly responsible of any risk, prejudice, damage, cost and honour, excluding nothing, deriving in the failure of carrying out such previsions;
it must be stated that it is prohibited the indication of address in which the User doesn't have the full control and exclusive management of, or the User has already provided previously;
in any way, the User will be able to make claims towards Ubiquibit in the case in which it has provided the same address prior to or a wrong address or, however, in which the same User doesn’t have full control and exclusive management and will be opening Ubiquibit up to any risk, prejudice, damage, cost or honour, excluding no one, deriving from the failure of respecting these procedures as indicated above;
in a specific section of the account the User will be able to access all the data regarding the history of the virtual currency withdrawn from the proper account.

Payment and Invoicing

The usage of the Nuex platform, from the Users part, provides the payment in favour of Ubiquibit only in the form of commission for the exchange of virtual currency effectively carried out within the limits indicated in the same platform.
Ubiquibit reserves the right to update, time after time, the applied commision with evidence of it in the Nuex platform. Any variation will become effective only on orders successively executed.
The User has the right to ask about the invoice charge for the commision applied by Ubiquibit. The invoice charge is nevertheless subsequent to the fact that the User, before implementing the exchange, has provided to Ubiquibit, in line with the procedure stated in the Nuex platform, all such information for this purpose according to the regulations.

Declarations

The Users take note that all the information supplied by Ubiquibit and on the Nuex platform will not be able to be considered as an invitation or solicitation to purchase or sell virtual currencies, and recognise themselves as directly responsible for all operations exclusively, of sales, purchasing, or of virtual currency implemented through the Nuex platform, at their own risk.
In the registration on the Nuex platform the User declares that the selling or the purchasing of virtual currency is at the same legal consent based on the applicable regulations to also the same reason for their nationality a/o their residence a/o of any other connection criteria. The User indemnifies up to the time that Ubiquibit whether for loss, damage, cost or honour that should derive from an incorrect declaration or untruth made by the User.
Clicking "Accept" and/or using the Services you accept to take on all risks - economic, patrimonial and financial - connected to the activity of trading on virtual currencies.
Ubiquibit is not and won't ever be held responsible in any way for whatever loss, damage, cost or honour subsequent to the User, due to implemented investments or affected decisions in light of the purchasing or the selling of virtual currencies.

Modifications of the T.o.S.

Ubiquibit reserves the right to modify the terms of service.
The modifications to the T.o.S. will become immediately effective for the new Users.
The Users already registered will be informed about every modification to the T.o.S. and they will have the right to withdraw every 14 days following the receipt of such instruction. The Users with the intention to withdraw, will have to exercise the right of recess, completing and sending the model of communication that can be downloaded at the following link “Download delete account model” (inside their own account settings menu) or any other communication with equivalent content. The communication of recess will have to be sent by email to the following address: [email protected]
The Users that, upon receipt of instruction on the modification of the T.o.S., shall not exercise the recess within the above terms indicated or, however, take advantage of the Services, they consider as if to have accepted such changes explicitly.

Guarantees and Responsibility

Whatever link reported in the Nuex platform is reported for mere utility and Ubiquibit will not be able to be held in any way responsible for the content, the accessibility and/or the operation of the site which makes reference to the same link.
Ubiquibit will employ every reasonable force to ensure the accessibility to the ongoing Services.
In any case, keeping in mind that the Services are provided long distance through the Internet network, the User accepts the risk of a temporary malfunction that can impede Ubiquibit or limit the possibility for the same provision of ongoing Services. Ubiquibit will not be held responsible for the possible malfunctioning, unless it is proven that they are caused by the same gross negligence.

Recess

The User and Ubiquibit each have the right to withdraw unilaterally in any moment from the the contractual relationship. The User with the intention to withdraw will be able to do it, completing and sending the model of communication that can be downloaded at the following link “Download delete account model” (inside their own account settings menu) or any other communication with equivalent content. The communication of recess will have to be sent by email to the following address: [email protected]

User support and assistance

The Users can make any deserving contestation of the Services at the following email address: [email protected]

Applicable laws and exclusive jurisdiction

The T.o.S. will be interpreted according to the laws of the Italian Republic and subject to the same application.
For whichever relative controversy to the interpretation, efficiency, validity, execution or resolution of the T.o.S. The jurisdiction, without prejudice, the mandatory limits of the law, is attributed exclusively to the Court of Bologna, with exclusion of any rival court.

Vexatious Clauses: 2.6; 4.4; 4.5; 4.6; 4.7; 4.8; 4.9; 5.3; 6; 7.3; 7.4; 8.3; 9 and 11

The User declares to have read and understood and to have approved specifically the clauses in which the preceding points 2.6 (the right of unilateral recess of contractual relationship), 4.4 (exclusive responsibility of the User for the correct custody and management of the Login information and of any other data, mechanism or tool or validation or double authentication or, however, gives consent to the identification of the online User long to impede any form of abusive access to the same dedicated account), 4.5 (indemnifies the User for the inadequate custody and conservation of the Login Information and/or from an improper usage or negligence of any data, mechanism or tool of verification or double authentication or, however gives consent to corresponding identification to impede any form of abusive access to the same dedicated account), 4.6 (needed times for the completion of the stated procedure in the Nuex platform in relation to the activity stated at point 4.1); 4.7 (conditions and limits for the exercise of the activity for the activities at point 4.1.1); 4.8 (conditions and limits for the exercise of the activity for the the activities at point 4.1.2); 4.9 (conditions and limits to the exercise of the activity for the activities at point 4.1.3); 5.3 (conditions for invoice); 6 (risks connected to sales and purchase of virtual currencies held by the User); 7.3 and 7.4 (modifications to the T.o.S. e recess of the User); 8.3 (limits to the responsibility of Ubiquibit for malfunctions); 9 (recess) and 11 (applicable law and exclusive jurisdiction).