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Terms of Use

Terms of Use

These Terms of Use constitute a legal agreement between the Company (“we”, “us”, “our”) and users, clients, visitors and others, who access the Web-site or use the Services (“User” “You”, “Your” “client”), that enables You to access our Web-site and Services.

These Terms of Use shall apply to your use of the services provided collectively by BitBlinx OÜ the company is registered in Estonia (company registration number 14753654) located at Harju maakond, Tallinn, Lasnamäe linnaosa, Punane tn 56, 13619. VAT no. EE102237616 and Bitewave OÜ a company registered in Estonia (company registration number 14891592) located at Laki tn 14a, Kristiine linnaosa, Tallinn, Harju maakond, The aervices recieved by your continued use of the site are provided under the license of Bitewave OÜ license number FVT000020 and for the purpose of this agreement and the use of this site shall benreffered to collectively as the “Company”, and such services, the “Services”

By accepting these Terms of Use or otherwise using the service, you agree to the terms and conditions in these Terms of Use, whether or not You are a registered as a user on our Web-site. You hereby waive the right to claim void or rescind this Terms of Use, as a legal agreement between You and the Company. Regardless of the fact that you did not read it or you did not receive any respond from the Company to your consultation or clarifications regarding these terms. You hereby promise to accept and observe this Terms of Use.

If You disagree with these Terms of Use or Privacy Policy, please stop registration and do not use Services.

Limitation of us in certain Jurisdictions

The Company reserves the right and is entitled to at any time, and upon its sole discretion, to restrict offering its services to certain jurisdictions and consider them as banned countries in terms of engagement with the potential clients. Currently the Company does not accept new clients and/or the opening of new accounts from the following jurisdictions: Afghanistan, Algeria, Bangladesh, Bolivia, Democratic People’s Republic of Korea (North Korea), Ecuador, Ethiopia, Iceland, Iran, Kyrgyzstan, Macedonia, Morocco, Nepal, Pakistan, Qatar, Saudi Arabia, Serbia, Sri Lanka, Syria, Trinidad and Tobago, Tunisia, and the USA , Vanuatu, Vietnam, Yemen, Japan (the “Prohibited Countries”). Please note that our Services are not available for the following countries and for citizens of the following countries to make fiat deposit/withdrawal: Angola, Belarus, Benin, Bosnia and Herzegovina, Burkina Faso, Burma (Myanmar), Burundi, Cambodia, Cameroon, Central African Republic, Chad, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Egypt, Eritrea, Gambia, Guinea, Guinea Bissau, Haiti, India, Indonesia, Iraq, Israel, Kenya, Laos, Lebanon, Lesotho, Liberia, Libya, Madagascar, Mozambique, Niger, Nigeria, Palestinian Territory, Panama, Paraguay, Philippines, Republic of Maldives, Republic of Mali, Sao Tome and Principe, Sierra Leone, Somalia, South Sudan, Sudan (North), Tajikistan, Tanzania, Turkey, Uganda, Venezuela, Zambia, Zimbabwe, China, South Korea, Hong Kong, Singapore, Australia (the “Limited Countries”).

Some of these Services may be available for all Users, in particular Website and Mobile Application tools for communications (including “Submit a Request” functionality). Therefore, these Terms of Use shall expressly apply to such use of Services. Please note that the Services are not available in the Prohibited Countries at all. In the Limited Countries, the User is prohibited to make a fiat deposit/withdrawal at all.

The list of countries is non-exhaustive and the updated list of prohibited or limited countries, is subject to alteration at any time the Company deems proper upon its sole discretion. Changes will be affected in accordance with the provisions of these terms.

Legal Age

The services and products traded are only available to individuals who are at least 18 years old or are otherwise at an age at which contracts which they enter into are binding on them in the jurisdiction in which they are located.

Representations and Warranties

By using our services you acknowledge and agree to conduct yourself in line with the terms of use and covenant and represent and warrant that you;

– Meet the legal age criteria
– Are competence and have the capacity to use this website and the services offered their in and contract to such.
– You understand the risks involved with trading in cryptocurrencies and the adherent risks of trading with both digital and fiat assets.
– There is no applicable law in your resident jurisdiction that would abstain your ability to use any of the services provided by the Company.
– You understand and are aware of what a cryptocurrency is, and the use of blockchain-based systems for the storage of and transfer or conversion of digital assets. With this you take responsibility for the implications as a result of using such services.
– If representing a company have the legal capacity to do so
– You will be liable for all expenses, losses and costs that are incurred by the Company for any unauthorized use of your account regardless of the reason. Should such event occur you will reimburse the company for such within five (5) banking days from the demand.

Any breach of the above shall result in a termination of your account and the Company shall retain the rights to take legal actions under these terms and the applicable law.

Update to the Terms of Use

The Company has the right to update and change the Terms of Use from time to time without notice. Any changes will be effective from the day of posting of the revised Terms of use it is your responsibility to maintain up to date with the most current version on the Website.

Any new features that evolve, change or enhance the current Service, including the release of new tools, products or resources, shall be subject to these Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of these Terms of Use at any time at https://bitblinx.com/ .

The Service

The Company provides you with a simple and convenient way to trade one type of digital asset for another type of digital asset or fiat currency (if any). You may also use our Services to purchase and sell digital assets directly from and to us. Our services do not provide users with the ability to trade one form of legal tender for another form of legal tender. Our platform is secure, reliable, fast, and easy to use. With access various currency and cryptocurrency pairs to trade, our trading application’s simplicity pleases beginner traders, and its powerful order functionalities are appreciated by experienced traders. We continuously work on expanding our list of cryptocurrencies, and continuously enhance our platform according to our users needs.

The Company offers a software platform which allows you to trade with open order and other users who are also using our services at your own discretion. There is no ability of the user to be able to predetermine a trade with a user of the Service. The Company reserves the right to partially place or where necessary to fulfill orders from various sources without the user expressed consent. This shall be determined by the liquidity in the market at the time of any order.

Further to the ability to trade the Company provides a wallet service. This Wallet is a secure digital Wallet which can be used by you to store, send and receive cryptocurrency available on through our service. With this you note that you understand that when using the Wallet cryptocurrency as such is not actually stored in the wallet instead a series of private key’s are stored in the wallet that gives you the right to the ownership of the specific cryptocurrency. The service offered by the Company through the Wallet allows you to send and receive coins, and also act as a personal ledger transaction. Private key (private secure digital code linked to your public keys and hence to your wallet) will be safely stored with the highest level of security further details can be found in our Security Policy.

The Company is not a bank. The user acknowledges they understand that the Company is processing as a virtual currency exchange and not a bank. There is no trustee or fiduciary relationship existing between the Company and the User.

License Granted to You

Upon registration and granting of a user account, the Company grants to you a revocable, non-transferrable, non-exclusive license to use, download and install our mobile and web apps for your personal use. This license grant includes software and all future upgrades and updates resulting in newer versions. You have no right to rent, lease or otherwise pass your rights in the software to any third party. With your use of the software comes your confirmation that you will not alter, reproduce, adapt, change, reproduce, display, or otherwise attempt to create from the software any source code derived from the software. Confirming further that you agree to the fact that all interest and rights of the software belong to and remain with the Company.

User Account

In order to facilitate you with proper access and proper use of the Website and the abovementioned services it is recommended that you register on the Website and create an Account with Your respective login and password. As well as this you are required to fill all required details requested during sign up. From time to time please be aware that the Company reserves the right to ask for proof of such information provided and documentary evidence to support such information. You must provide such in a timely manner to avoid any interruption to the services offered by the Company. You must also retain the obligation to update the Company should at any time the information provided during registration will change. You also confirm that all the documents submitted by you are correct and valid. Such information for example could be but is not limited to:

– Date of Birth
– Tax Identification Number
– Government-issued Identification Document
– Address of current Residence

Should you not provide us with accurate appropriate or satisfactory information we reserve the right to reject, remove or cancel on a temporary or permanent basis your account.

You with your use of this site and registration confirm that you are aware that you are solely responsible for the protection of your login and password for the account held with us, including registration data provided, and ongoing actions that you may undertake through the use of our services. It is your responsibility to keep you login information and password private. In the unfortunate event that any unauthorized access is gained to your account you must notify us immediately. Failure to do so will result in you being held responsible for any loss incurred personally or by the company as a result of unauthorized access to your account by any third parties. Beit negligent or deliberate. Should you actually share your credentials with the third party your confirm that you shall be solely responsible and thus liable for losses costs and damages incurred as well as accept transactions as if they where your own. This responsibility shall extend to any errors or omissions regardless if they are made by you or any third parties who have access to your account.

Restricted Activities

You as the user confirm that with your continued use of the service you agree that during the relationship with the company you shall not:

– Breach the terms of use or any privacy policy or similar document which is issued by the company and entered into by your.
– Violate any law, legislation, ordinance or regulation
– Violate any of the Companies internal policies
– Infringe the Company’s or any other Third Party’s Copyright, patent, trademark, trade secret or other intellectual property rights.
– Undertake any actions that could be considered defamatory, libelous, threatening or harassing to employees, agents or other users of our service.
– Deliberately or through omission provide false, inaccurate or misleading information.
– Engage in any activity that can be considered to be fraudulent or undertake suspicious acts or transactions
– Refuse or avoid cooperating in any investigation
– To provide your identity or information to pertain to the truth of your identity
– Control an account that is owned by another user
– Write or report misleading information in regards to our Company or any of our services.
– Introduce any viruses, trojan horses, worms or any other computer program that could damage or affect the company’s exchange, wallet or systems in any way.
– Use a proxy, robot, spider or any other automatic device or manual process to monitor our systems or website.
– Use any device that could potentially bypass any of our systems.

Prohibited Transactions

When entering into this terms of use, the user confirmed that they have no intention to and will not undertake transactions relating to:

– money laundering, terrorist financing, financing of weapons development, human trafficking or the facilitation of any goods or services that are illegal
– obscene, pornographic, depict children or minors in a sexual manner.
– politically motivation, propaganda, encourage unconstitutional organizations, glorify war or violate human dignity.
– Illegal streaming, illegal gambling, ponzi pyramid or any other such schemes.
– That violate any trade sanctions, embargos, protected animals or species
– Weapons, drugs, narcotics, explosive materials or any other possible illegal goods or services.

Deactivation, Suspension and Termination

Should you wish at any time to deactivate your registration with us, and as such withdraw your account balances. You are required to inform us via email at [email protected] Such termination of the account will result in no further access to your account and the termination of services. As required by the relevant legislation we have an obligation to retain your information for a period of five (5) years this period shall commence from the date of the account closure. Information is treated in the strictest confidence and shall only be disclosed in the event of a requirement by us to confer with any particular laws or regulation.

In the unlikely event that at our sole discretion we are required to suspend it will be subject to but not limited to one of the below events:

– A violation of the terms of use has been undertaken.
– You are a citizen of a prohibited country.
– Your account has been identified to have undertaken fraudulent activity
– A security breach of your wallet has occurred
– For AML reasons we require further documentation which you have failed to provide in a timely manner
– Any changes in applicable law result in us being no longer able to service you.

Service will resume as soon as the reasons or suspicions that have resulted in the suspension have been resolved.

We may terminate the use of our service and your registration as well as freeze any transactions should these terms of use or any other such accompanying documents be breached. This termination occurs at our sole discretion. The company shall not give any further notice of such termination. Such breach of these terms resulting in a termination shall end any obligations we owe to you. If reasonable given the reason for termination no refund will occur.

Anti-Money Laundering (AML) and Know your Client (KYC) Procedures

Without prejudice to the right of the Company to refuse to enter into any agreement for the provision of Services, to any Client or prospective client, the Company may refuse to offer any Services unless all documentation required by the Company in order to comply with money laundering legislation and the Company’s internal policies is obtained in a form and content satisfactory to the Company.

The Client shall at all times comply with all Applicable Provisions concerning money laundering, bribery, corruption and financial crime, as well as any other legislative provisions applicable to the Client in its own jurisdiction concerning money laundering, bribery, corruption and financial crime. The Client is under an obligation to provide to the Company such documentation as the Company may reasonably require for the above purpose in accordance with the Company’s compliance policies and procedures at the outset of the client relationship as well as on regular intervals thereafter. The Client undertakes to inform the Company of any change in any such information or documentation provided by the Client for these purposes.

The Company may at any time after entry into the Investment Services Agreement, refuse to provide or to continue to provide Services and/or execute pending orders and freeze and/or block and/or retain any client cash or financial instruments, where it suspects that the Client may be in breach of any provision of the Money Laundering and Terrorist Financing Prevention Act passed 26.10.2017 as from time to time amended or replaced, the directives and circulars issued by the applicable regulator pursuant thereto, or any other Applicable Provisions concerning money laundering, bribery, corruption and financial crime, and/or any other legislative provisions applicable to the Client in its own jurisdiction concerning money laundering, bribery, corruption and financial crime, without providing reasons or further explanations as to this.

The Company shall have no liability to the Client for any action or omission of the Company pursuant to the provisions of this clause (“Know Your Customer”) even if the Client has informed the Company of the loss or damage to be suffered by the Client.

To the extent applicable, you the user represents and warrants to the Company if the client is a legal entity or a user trading on behalf of a legal entity that at the entry into effect of the terms of use and all times thereafter, that:

– you have made full and genuine disclosure of all its ultimate beneficial owners and of each person who maintains a synthetic, economic, direct or indirect interest in more than 10% (or another percentage that the Company may deem appropriate in the Client’s circumstances) of the Client’s share capital or economic rights (including the economic rights to the transactions undertaken through the Company);
– the Client has provided to the Company, or will provide the Company with the information (certified as the Company may direct) that will enable the Company to establish the Client’s identity, to understand its business, economic and risk profile, including its sources of wealth, and to identify its beneficiaries and controlling persons, as required under the Applicable Provisions, as well as to determine the nature of the Client’s intentions while entering into the Investment Services Agreement;
– where the Client or any of its ultimate beneficial owners, directors, officers, employees, agents or underlying clients for whom the Client might be using any Services hereunder is a PEP, adequate disclosure of this fact has been made to the Company and, if during the term of the Investment Services Agreement, the Client or any of its ultimate beneficial owners, directors, officers, employees, agents or underlying clients for whom the Client might be using any Services hereunder becomes a PEP, the Client will notify the Company of such fact immediately;
– neither the Client or any of its associates, directors, officers, employees, agents, or underlying clients is an individual or entity that is subject to any Sanctions, or is legally or beneficially owned or controlled by, a person that is subject to any Sanctions;
– if any information provided to the Company in respect of the Client changes in any material respect, the Client will immediately notify the Company of such change. The Client’s Account and any assets thereon may be frozen or blocked at the Company’s sole discretion and any Services provided may be suspended, pending collection by us of full and correct information regarding the Client’s status;
– the Client will not use its Account on behalf of any third party and agrees and accepts that the Client’s Account and any assets thereon may be frozen or blocked at the Company’s sole discretion to the extent any such assets are believed by the Company to be held with, transferred or delivered to the Company on behalf of a third party;
– all assets on the Client’s Account result from bona fide economic activity which has been duly reported to the relevant tax authorities; and
– there are no assets on the Client’s Account which have been obtained as a result of, or through the means which are or may be deemed to be a result of, acts of bribery or corruption.

In regards to the clients onboarding procedure we shall be required to undertake a Know Your Customer Procedure (KYC) during your registration the website shall request that you submit certain documents from the below non-exhaustive list;

Confirming Proof of Identity

– Clear copy or photo of your passport
– Clear copy of your National Identity Document or Drivers License
– Any other government issued document with Photographic confirmation of your identity

Confirming your place of Residence

– A utility Bill (this should be a fixed telephone line, internet service, water or electricity or any other government issued document.
– A copy of a bank statement with your address visible
– A bank reference letter stamped and signed by the bank

In line with the policy it is essential that any Proof of Identity document contains both your first and last name, the date and place of your birth. A document number as well as both issue and expiry dates the country of issuance and your signature.

Deposits and Withdrawals

The company and as such its users are required to abide by provisions of applicable law in relation to relevant deposits and withdrawals. Prior to deposits and withdrawals all clients are required to have provided basic KYC. In keeping with the relevant authorisations the company holds the following applicable rules apply to Deposits and Withdrawals of both Fiat and Digital Assets.

For digital assets. The user shall be entitled to deposit digital assets without limitations. Any user from one of the limited countries as applicable shall be required to conclude the Know your Customer procedure prior to the ability to deposit any such digital assets. The user is entitles to withdraw digital assets not exceeding equivalents to €2.000 per day. If the amount of withdrawals exceeds €2.000 USD per day there will be a requirement for the User to pass the Know your Customer procedures.

In relation to Fiat deposits and withdrawals. The user must conclude Know your Customer Procedures prior to the deposit and withdrawal of any Fiat currencies. Should a user conclude deposits and withdrawals in either digital or fiat assets amounting to €10.000 they shall in line with AML rules be required to pass all KYC requirements within 2 weeks from exceeding this amount. Should you fail to pass the Company’s KYC process the Company shall have the right to freeze your account until all the KYC procedures have been conclude. In the unlikely event that you are unable to meet such procedures, it shall be at the sole discretion of the Company to request further documentation to suffice the applicable law.

Fees

When entering into these terms of service you acknowledge that the Company should you proceed to trade with them, you may from time to time be required to pay fees. These fees shall be available through the user area under the fee schedule section. This may change from time to time without notification from the Company. They are effective from their time of positing on the site of the Company. All trades occurring shall incur the fees in place at the time at which the trade was made.

Note that fees, and charges incurred by your due to external sources, such as you card processor, other exchanges, or any other third party are your sole responsibility the company shall not be liable to you in terms of fees incurred during the deposit or withdrawals of Fiat or Digital assets. For details about fees that may apply please visit https://www.paymentworld.eu/en/.

Intellectual Property Rights

The Company is the sole and exclusive owner of the rights, title, interest, assets, code and any other associated rights that fall under the name “BitBlinx OÜ” name, “Bitblinx” the logo as well as products, individual services, and their logos, code, software, patents, copyrights, derivative works, trademarks, textmarks, designs, trade secrets and any other intellectual property contained in the website, exchange, wallet or user area, website, documentation. As a user you do not retain any right to use any Bitblinx logo, name or marks for commercial or public purposes without the prior written approval of the Company. Any potential attempt to copy, reproduce, distribute, modify, create, publicly display or perform, republish or download for us or otherwise use any Company logo or marks will result in a breach of this terms of use and the Company’s intellectual property rights. The Company retains the right to legal remedies to such actions.

This terms of use does not prove any implied or otherwise licenses and as such non such rights are expressly granted to you within this agreement or any other document which would entitle you in any way to use any logos, marks or text marks for your personal, be it for commercial or non-commercial purposes.

Security

The Company has ensured that all commercially reasonable technical and organisational measures required to ensure that your personal information is secure and free from accidental loss and from unauthorized access, use, alteration or disclosure. It is however beyond the hands of the Company if a third party is able to breach such heightened security measures. You as the user acknowledge to a degree that you provide this information at your own risk.

Alternative Content Third Party Conditions

At times you may be granted services, products which may be provided by third parties, asked to follow links to third party websites. In doing so the Company kindly reminds you of your obligation to review their terms of use policies prior to actioning any transactions or services from the third parties. You acknowledge here that use of such third parties occurs at your own risk. The responsibility for entering into terms with such remains with you. The Company shall not be held viable for any losses, omissions or damages incurred by the use of such third parties.

Where we offer to our clients the opportunity to use and/or benefit from third party services in any way they deem appropriate, accepting and carrying NO RESPONSIBILITY and NO LIABILITY as to the content provided by the third party nor as to the consequences of the use of the service. Clients use any of the third-party service and/or the information provided by third party services for marketing and/or otherwise, upon their sole discretion and responsibility, undertaking all liability deriving from the use of the third-party service. To that extent, clients are encouraged to seek advice and/or training prior to using the services or information provided making sure they fully understand the Financial Instruments, technical terms and descriptions provided. Please note that we are not in a position to provide such advice. The Services which we provide to you through the Platform Service Providers are not considered third party services within the meaning of this paragraph.

Whist we limit and exclude our liability to the fullest extent permitted by law, nothing in this Agreement excludes or restricts any duty or liability we may have to you under Applicable Provisions, which may not be excluded or restricted thereunder.

Indemnity

Without prejudice to any other provisions contained in these terms for indemnifying the Company, you will indemnify, and keep indemnified, the Company and any of the Company’s employees, officers and directors (each, for the purposes of this clause an “Indemnified Person”) against all present, future, contingent or other costs, expenses (including reasonable legal expenses), damages, liabilities and losses which such Indemnified Person may suffer or incur in connection with or arising out of these terms and any Transaction effected on your instructions. You will not be required to indemnify any Indemnified Person to the extent that any such costs, expenses, damages, liabilities and losses result directly from the bad faith, willful default, fraud or negligence of the Indemnified Person.

This indemnity shall survive termination of these terms or any other terms agreed between the Company Neither the Company nor the Client shall be liable to the other

– for any indirect or consequential loss suffered by the other party; or
– to the extent that any loss exceeds the amount due in respect of the Services provided by the Company; unless such loss is caused by a breach or delay in performance by one party of its obligations under the relevant agreement, and such party has received notice in writing at any time before the breach or delay that such breach or delay could cause such a loss to the other party, in which case, the breaching party shall be liable to the other party for such loss.

Disclaimers

The Company provides a exchange as well as a wallet. Parts of the services offered are dependent on Blockchain technologies, as well as other such related technologies. These technologies are not exclusively within the control of the Company. As such changes to such technology may impact the Company’s ability to service you. Upon registering an account you confirm that you understand that the Company can not be held liable in such circumstances should the service you are being offered be impacted due to any unavailability or restriction to use as a result of this.

The Company, is partners and its service providers shall assume no liability for the proper performance of any of the Services offered including the content found on the website. Reasonable steps will be taken to exclude any viruses or defects but guarantees are not granted in this respect. You acknowledge that it is your responsibility to ensure that decisions made are on your own basis following a review of the content.

The Company reiterates that it is not a financial institution and does not undergo any financial supervision from such competent authorities. As such the Company does not provide any licensed financial services. They do not in any such way act as an advisor, and do not provide any financial, legal, investment, insurance or tax advice.

Exclusion and restriction of liability

Without prejudice to the limitation or exclusion of liability pursuant to other provisions in these terms, if, in the course of provision of Services under these terms the Client suffers or incurs any loss, damage or liability as a result of bad faith or fraud on the part of the Company, or of its employees, officers or directors, then the Company shall be liable to the Client for that loss, damage or liability but shall not be liable for loss, damage or liability resulting from any other cause. The Company limits its liability to the fullest extent permitted under the Applicable Provisions.

In no circumstances will the Company or its employees, officers or directors be liable, whether in contract, tort (including negligence) or otherwise, for any consequential, indirect or incidental losses, or special or punitive damages, however they arise, even if advised of the possibility of such damages or losses.

The Company accepts no responsibility or liability for any breaches which the Client may incur with respect to any investment restrictions to which the Client or its principal may be subject, regardless of whether the Company has been provided with prior notice of such investment restrictions.

The Company shall not be liable to the Client for the solvency of, or loss caused by the actions or omissions of a third party including any nominee, custodian, bank, Platform Service Provider or other third party appointed by the Company in good faith. In case of insolvency of the third party and depending on the laws of the jurisdiction of such third party, the Client acknowledges and accepts to bear the risk that the relevant assets may be lost.

If a claim is made by or against the Company, the Company’s employees, officers or directors against or by any third party in connection with these terms or the Services provided under them, the Client will provide the Company or the Company’s employees, officers or directors with such assistance, documents and information in such form as may reasonably be requested by the Company.

We shall not be liable to you for any partial or non-performance of our obligations hereunder by reason of any cause beyond our reasonable control, including without limitation any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, act of terrorism, act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of our custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations.

Law and jurisdiction

These terms and all schedules here with (including for the avoidance of doubt the provisions of the Terms of Use and any other documentation forming part thereof) and all non-contractual obligations arising in any way whatsoever out of or in connection with are governed by and shall be governed, construed and take effect in accordance with Estonian Law.

Where the Client is a resident of a member state of the European Union or a country which is member thereof is the principal center of the Client’s economic activities.

The Company and the Client respectively submit to the non-exclusive jurisdiction of the Cyprus Courts for the determination of any dispute which arises between them relating to the subject matter of these terms, provided that the Company and the Client further irrevocably agree that any such proceedings may be brought in the Courts of England and Wales and submit to the non-exclusive jurisdiction of such courts.

Both the Company and the Client irrevocably waive any objection which they may have now or hereafter to the laying of the venue of any proceedings in any such court as is referred to in this clause and any claim that any such proceedings have been brought in an inconvenient forum, and further irrevocably agree that a judgment in any proceedings brought in a Court of England and Wales shall be conclusive and binding upon the Company and the Client and may be enforced in the courts of any other jurisdiction.

To the extent that the Client may be entitled in any jurisdiction to claim for itself or its property or assets, immunity in respect of the Client’s obligations under these terms from service of process, jurisdiction, suit, judgment, execution, attachment (whether before judgment in aid of execution or otherwise) or legal process to the extent that in any such jurisdiction there may be attributed to the Client or the Client’s property or assets such immunity (whether or not claimed), the Client hereby waives such immunity to the fullest extent permitted by the laws of such jurisdiction.

The rights and remedies of the Company and the Client under these terms are cumulative and do not (save as expressly provided in these terms) exclude any rights or remedies provided by law. No failure to exercise or delay in exercising the same shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any further or other exercise thereof.

Taxes

All sums payable by the Client under these terms will be paid free and clear of any Taxes, unless the Client is required by law to withhold or deduct Tax. In this case, unless the Company agrees otherwise, the Client will pay an additional amount so that the Company receives an amount after withholding or deduction of Tax that equals the amount that the Company would have received without such withholding or deduction.

The Client is responsible for paying any Taxes due and making claims relating to Taxes (such as for exemption from withholding Tax), for filing any Tax returns and for providing information to the Tax authorities in relation to any business the Company carries on with or for the Client.

The Company will use its reasonable endeavors to forward to the Client any Tax documents it receives that relate to the Client or monies or Financial Instruments held by the Company for the Client.

Taxes payable by the Client depend on the Client’s circumstances as well as the specifics of the financial instrument concerned in the relevant jurisdiction. The Client undertakes that it has access to independent tax advice. Tax rates and Tax treatment of the Client’s financial instruments (including profits arising there from) may be subject to change and it shall be the Client’s responsibility to ensure it is fully informed of such changes on an ongoing basis.

Data protection and disclosures

The Company, it’s Associated Companies and/or other persons acting on the Company’s or their behalf may process and use the Client’s Information to administer and operate services in accordance with these terms (including authorizing or confirming Transactions and for billing purposes); in the course of the operational support and development of the Company’s businesses; to carry out credit, money laundering and conflict checks and for fraud prevention purposes, to exercise and defend the Company’s legal rights; and in order to comply with legal and regulatory obligations and requests anywhere in the world.

The Company’s processing and use of the Client’s Information may include disclosure of the Client’s Information

– between the Company its Associated Companies including those Associated Companies which are registered and / or located in countries other than those of the European Union,
– to other persons processing the Client’s Information on the Company’s or their behalf or otherwise providing the Company or them with professional or other services;
– to third parties (which may be located outside the European Union) such as settlement agents or sub-custodians in relation to the Client’s Transactions, overseas banks or Exchange or clearing houses to whom the Company must disclose information in the course of providing the Services;
– to credit reference, fraud prevention and other similar agencies, and other financial institutions, with whom information is shared for credit and money laundering checking and fraud prevention purposes;
– to persons to whom the Company may assign or novate its rights or obligations under these terms; and to national and international regulatory, enforcement or Exchange bodies or courts anywhere in the world as required by Applicable Provisions anywhere in the world or at their request.

These disclosures may involve overseas storage and other overseas transfer, processing, disclosure by such third parties to other persons and use of the Client’s Information, and disclosure to these third parties, including in or to countries or territories which do not offer the same level of protection of personal information as is enjoyed within the European Union.

Before providing the Company, an Associated Company or any other person on the Company’s or its behalf with any information regarding an individual in connection with these terms (including indicatively any of the Client’s directors, employees, officers, agents or clients), the Client should ensure that the individual (a) consents that the Client will be providing his or her information to the Company or the Associated Company; (b) has the information set out in these terms regarding the collection, use, processing, disclosure and overseas transfer of his or her information and the possibility of monitoring or recording of his or her communications; and (c) is aware that he or she has rights of access to, and correction of, his or her personal information held by the Company and the Associated Companies, that, if he or she wishes to exercise either of these rights, he or she can do so by written request to the Company and that, in the case of a request for access to personal information, the Company it’s Associated Companies reserve the right to charge an appropriate fee.

Pursuant to the Processing of Personal Data (Protection of Individuals) Law of Estonia the Company is obliged to ensure that the collection and processing of Personal Data is performed in accordance with the provisions of this law. The Client agrees that any changes to the Client’s Personal Data will be advised to the Company promptly upon such a change occurring.

Processing of the Client’s Personal Data by the Company or any Associated Company is subject to the confidentiality provisions set out below.

The Client agrees that the Company may, pursuant to these Terms, from time to time make direct contact with the Client by telephone, fax, e-mail or otherwise without the Client’s express invitation. The Client consents to such communication and acknowledges that such communication would not be considered by the Client as being a breach of any of the Client’s rights under any law or regulation.

Data protection and disclosures

Any instructions or requests to be given by the Client, or demands or confirmations to be given by the Company may be given in writing or, where permitted under the Applicable Provisions, orally.
Any notice (including, without limitation, any confirmation or demand) may be given by post, internationally recognized courier, delivery, orally, facsimile transmission or any other electronic transmission.

Notice will be deemed to be given as follows:

(i) Post: on the date of receipt;

(ii) Internationally recognized courier: on the date of receipt;

(iii) Delivery: upon delivery;

(iv) Orally: once the relevant party has stated orally, over a recorded telephone line, to the other party that such notice is being given;

(v) Facsimile transmission: upon receipt; and

(vi) Other electronic transmission: upon receipt

In proving service of notice, it will be sufficient to prove, in the case of delivery by post, that the letter was correctly addressed and was posted first class or, where appropriate, air mail or, in the case of delivery otherwise than by post (including courier and electronic transmission), that it was sent to the correct destination. In proving oral notice, sufficient evidence will be the tape recording of the telephone conversation.

Any confirmation or account statement which the Company gives in writing will be deemed correct, conclusive and binding on the Client if not objected to in writing within the earlier of (a) five (5) Business Days of dispatch by the Company by post; (b) three (3) Business Days of dispatch by the Company by facsimile or other electronic transmission.

The Company’s address, contact e-mail addresses and facsimile number are provided in the Investor Information Document. The Client’s address at which the Company may communicate with the Client for the purposes of this that which is set out at the beginning of the Investment Services Agreement unless otherwise notified to the Company in writing. The Client agrees to immediately inform the Company in the event that the Client’s address changes.

Nothing in these terms will affect the right of either party to serve process in any other manner permitted by applicable law.

The Client consents to the Company providing the Client with information (such as any updated versions of these terms) by means of the Company’s website.

The Company will ask the Client to provide the Company with an e-mail address where the Company can contact the Client and the Company will notify the Client by e-mail of the Company’s website address

Language

These terms as well as the Investment Services Agreement and the Appendices and Schedules forming part thereof and any present or future amendments or schedules thereto, are constructed in the English language. In case of differences between the English documents and documents translated into another language, the Client agrees that the English version will prevail.

Force Majeure Events

As a Company we shall not be liable if the user is affected by any such Force Majeure events as such the user agrees to include the below as Force Majeure events:

(a) an act of God;
(b) national emergency, insurrection, riot or war; or
(c) national or state-wide industrial action;
but does not include:
(d) a strike of Licensor’s Personnel;
(e) circumstances or events arising from any act or omission of Personnel; or
(f) the unavailability of any goods, service or material outside the reasonable control of the affected party.

Coin/Token delisting, trading breaks/halts and order rejections

Coin/token delisting

The Company retains the right to delist any coin/token listed on its trading platform or terminate the trading of a coin/token in its exchange regardless of the reason or without prior notice. Although the below list does NOT cover all the cases, the Company generally takes such decisive action to delist, halt trading, cancel trades and/or reject orders in conjunction with one of the following.
・Changes in regulatory standards and/or other compliance factors
・Poor application in use or negative feedback from users of the Exchange
・Blockchain or related technology is outdated and/or unusable
・The coin/token community members and/or other persons involved become inactive
・A noticeable lack of trading volume on the exchange or highly suspicious trading activity
・Lack of response to information requests or presentation of false information
・Violation of the Company’s terms and conditions as agreed with the Issuer
・Concerns raised by users or traders of the coin/token
The Company does not have to disclose to its users or token issuers any information regarding decisive action it has taken. If the Company decides to notify its users, the notice will appear on the trading platform at the top of the page for logged in users to see.

Preventative measures during huge sell-offs

The Company retains the right to delist/limit/prevent/modify the conditions of a token without prior notice to its users regarding the termination of a market or listing of a token. This is to prevent the “dumping” of a token that will be delisted in the near future. Such actions may cause a disruption in the market and may prove damaging to coin/token holders. Also, The Company may and has the right to freeze the account of the delisted/soon to be delisted coin/token.
The Company has a backdoor safety valve it can use to freeze trading if a sell-off of a coin/token turns grim. The company may apply an “order out of trading range” mechanism by which orders placed further away from the current price by more than certain percentage (usually 5% or greater) may be automatically rejected. This mechanism is used to protect against a rapid sell-off or against a strong imbalance of heavy selling to buying activity, and is designed to protect the holders of such a coin/token against complete loss. This protective measure against a coin/token’s total loss of value may mean that if the coin/token price may reach an absolute low point allowing for a buying price that will be matched with the selling price, it avoids a coin/token from reaching a price of zero and thus acts in the interest of the coin/token holders. The “order out of trading range” mechanism is rarely applied and mostly in agreement with the coin/token issuer in order to protect the interest of the coin/token community.

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