Terms and conditions
Introduction
These Terms and Conditions (the "Terms") govern your use of the services provided by Crypteor Capital FZCO (the "Company"), a crypto assets management company. By using the Company's services, you agree to be bound by these Terms in full. If you do not accept these Terms, you must not use the Company's services.
Users of the Company's services must be at least 18 years of age. By using the Company's services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a contract.
Scope of Services
We offer crypto asset management services, including portfolio management and trade execution, primarily on the Binance platform. Clients must provide an access token to their Binance account, allowing us to manage buying and selling of coins on their behalf. We do not provide tax or legal advice.
Access and Management of Client Binance Accounts
Clients shall provide an access token to their Binance account. This token allows CRYPTEOR CAPITAL – FZCO to manage transactions on the client's behalf. The client retains the ability to monitor and review all transactions executed by CRYPTEOR CAPITAL – FZCO.
Scope of Services
Clause: In the event that a client of Crypteor Capital - FZCO conducts any trading activity, including the closing of deals or trades, without prior notification and approval from Crypteor Capital - FZCO, the following actions will be taken:
1.
First Instance (Intentional or Unintentional): The client will receive a formal warning, emphasizing the importance of adhering to agreed protocols and procedures for trading activities.
2.
Second Instance: Should a second instance of unauthorized trading activity occur, regardless of whether it is intentional or unintentional, Crypteor Capital - FZCO reserves the right to immediately terminate the agreement with the client. Upon termination, the client will be obliged to transfer all profits, which Crypteor Capital - FZCO is entitled to as per the initial agreement, to Crypteor Capital - FZCO without delay.
This clause is designed to maintain the integrity of the asset management process and ensure that all trading activities are conducted in accordance with the agreed terms and strategies.
Limitation on Access to Funds
Please be advised that while Crypteor Capital - FZCO requires access to your Binance account for managing trading activities, this access does not include the ability to withdraw funds from your account. Our access is strictly limited to executing buy and sell transactions as per our asset management agreement. Under no circumstances will Crypteor Capital - FZCO have the capability or authorization to initiate or complete any withdrawal of funds from your account. This restriction is in place to ensure the security of your assets and to maintain trust in our client relationships.
Variability in Investment Performance
Clients are hereby informed that investment performance may vary among users of Crypteor Capital - FZCO's services due to several factors, including but not limited to, different entry levels, varying amounts of invested capital, and differing approval timings for account access. These factors can contribute to distinct outcomes and results. Therefore, Crypteor Capital - FZCO shall not be held responsible for any discrepancies or differences in performance between individual investors' portfolios. Each client's results are influenced by their unique circumstances and decisions, over which Crypteor Capital - FZCO has no control.
Eligibility
By using the Company's services, you represent and warrant that you have the legal capacity to enter into contracts, are not subject to any sanctions or restrictions that may prevent you from participating in the cryptocurrency market, and have not been convicted of any financial crimes.
Client Representation and Warranties
By using the Company's services, you represent and warrant that all information you provide is accurate and complete, and that you will promptly update any changes to your information. You further represent and warrant that you will not use the Company's services for any illegal activities or in violation of any applicable laws or regulations.
Intellectual Property Rights
The Company and/or its licensors own all rights to the intellectual property and material contained on the Company's website and in the services provided, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on the Company's website and using the Company's services.
Your Content
In these Terms, "Your Content" refers to any audio, video, text, images, or other material you choose to provide to the Company in connection with its services. You grant the Company a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute Your Content in any and all media for the purpose of providing the services. Your Content must be your own and must not infringe on any third party's rights. The Company reserves the right to remove any of Your Content from its services at any time, and for any reason, without notice.
Confidentiality
The Company is committed to maintaining the confidentiality of client information and will take reasonable steps to protect client information from unauthorized access, disclosure, or use. The Company's confidentiality obligations do not apply to information that is publicly available or required to be disclosed by law.
Data Protection and Privacy
The Company collects, uses, stores, and shares client information in accordance with its Privacy Policy, which is incorporated into these Terms by reference. By using the Company's services, you agree to the collection, use, storage, and sharing of your information as described in the Privacy Policy.
Pricing strategy
Transaction Fee:
At CRYPTEOR CAPITAL - FZCO, we levy a transaction fee of 0.5% for each transaction performed on behalf of our client. This fee is designed to cover expenses incurred while executing trades. These expenses include, but are not limited to, broker fees, administrative costs, and other expenditures associated with safeguarding the client's investment. This charge is consistently applied to all buy and sell orders.
This fee is an essential part of the transaction process as it helps us provide our clients with an efficient, seamless service while ensuring their funds remain secure. By charging this fee, we aim to maintain high-quality service while navigating the financial landscape on behalf of our clients.
Success Fee:
In addition to the transaction fee, CRYPTEOR CAPITAL - FZCO retains a Success Fee equivalent to 50% of any profits generated from a client's investment. This fee is a performance-based reward for the Company's effective management of the client's investment.
The key characteristic of this fee is that it is contingent on the investment yielding a return greater than the initial capital invested. In simpler terms, the success fee is applicable only if your investment results in a profit exceeding your original investment.
It is crucial to note that if the investment does not produce any returns, or if the returns are less than the initial investment, no success fee will be charged. The success fee, therefore, operates as a form of incentive for us, aligning our interests with those of our clients.
In addition to any transaction fees, we retain a success fee equivalent to a specified percentage of any profits generated. Clients are required to manually transfer the success fee in USDT to the company's designated address and Network upon request.
Please remember that the success fee is separate and distinct from the transaction fee and any other fees or charges that might apply. This approach ensures transparency in our fee structure and allows us to share in the success of your investment.
Success Fee: The Company will retain 50% of any profits generated from the client's investment as a success fee. This fee will only be charged if the investment generates a return greater than the initial investment. If the investment does not generate any returns or returns less than the initial investment, the success fee will not be charged. The success fee serves as a reward for the Company's successful management of the client's investment and is separate from any other fees or charges that may apply.
Financial Risk Factors and Disclosure
Investing in cryptocurrencies, like any financial asset, carries a multitude of inherent risks. The nature of these risks is influenced by the highly dynamic and often unpredictable characteristics of the cryptocurrency market. CRYPTEOR CAPITAL - FZCO is committed to ensuring that our clients understand and acknowledge these risks as part of our broader commitment to transparency and informed decision-making.
The primary risk factor in cryptocurrency investment is the potential for significant market volatility. Cryptocurrencies can experience large price swings in short periods, influenced by factors including technological developments, regulatory news, market sentiment, and macroeconomic trends. This volatility can result in the value of your investment fluctuating considerably, and it's entirely possible to experience substantial losses, up to and including the entire amount of your initial investment.
Another associated risk is liquidity risk. While the cryptocurrency market is typically marked by high trading volumes, certain coins or tokens may not always be readily convertible into more stable assets like traditional fiat currencies. This risk is particularly pertinent during periods of market stress or disruption.
Furthermore, as a still maturing asset class, cryptocurrencies are subject to regulatory risk. The regulatory environment for cryptocurrencies continues to evolve and varies considerably by jurisdiction. Any significant change in regulatory approach can have a direct impact on the value of cryptocurrencies.
Cybersecurity is another crucial consideration. While we at CRYPTEOR CAPITAL - FZCO employ robust security measures to protect your assets, the broader cryptocurrency ecosystem has been the target of high-profile cyber-attacks and security breaches. Although we mitigate this risk to the best of our ability, it's an inherent risk in the digital asset space.
Compliance with Laws
Customers bear the responsibility of adhering to all laws and rules applicable within their own jurisdiction, inclusive of tax liabilities and disclosure requirements. Our company rigorously complies with the laws and regulatory mandates outlined by both the UAE and Dubai authorities, specifically with regards to the management of cryptocurrency investments. We strictly enforce both Know Your Customer (KYC) and Anti-Money Laundering (AML) protocols. Additionally, we also implement Know Your Business (KYB) procedures to further ensure transparency and compliance. This brief summary does not cover the complete information. More details and comprehensive guidelines are available in
Crypteor Capital Terms AML CFT Policy.
Termination of Services
The Company may terminate its services to a client in cases of fraud, misuse of the platform, or breach of these Terms. Consequences of termination may include liquidation of assets, forfeiture of funds, and reporting to relevant authorities. Clients may also terminate their relationship with the Company according to the terms specified in the client agreement.
Dispute Resolution
Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be resolved through negotiation, mediation, or arbitration, as agreed upon by the parties. If the parties are unable to resolve the dispute through these methods, the dispute shall be referred to and finally resolved by the courts of The Dubai International Financial Centre (DIFC).
Force Majeure
The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, acts of war, changes in government regulations, or other force majeure events.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
The Company is permitted to revise these Terms at any time as it sees fit, and by using the Company's services you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of the Company's services.
Assignment
The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Governing Law & Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Arab Emirates (UAE) and specifically the laws of Dubai. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of The Dubai International Financial Centre (DIFC). By using the Company's services, you agree to submit to the exclusive jurisdiction of the courts of The Dubai International Financial Centre (DIFC) in relation to any disputes arising from these Terms and Conditions or your use of the Company's services.
Notices
Any notices or other communications required or permitted under these Terms and Conditions shall be in writing and shall be deemed to have been duly given when delivered in person, sent by registered mail, or by email to the addresses specified by the parties in the client agreement or on the Company's website.
Waiver
No waiver by the Company of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision, and the Company's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Company's services.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its affiliates, directors, officers, employees, or agents be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Company's services.
No Partnership or Agency
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party.
Third-Party Links
The Company's website may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. By using the Company's services, you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. Privacy Policy
By using the Company's services, you acknowledge and agree to the terms of the Company's Privacy Policy, which is incorporated into these Terms and Conditions by reference. The Privacy Policy describes the Company's collection, use, and disclosure of your personal information and explains the security measures the Company takes to protect your privacy.
Customer Support and Complaints
The Company is committed to providing excellent customer service. If you have any questions, concerns, or complaints about the Company's services or these Terms and Conditions, please contact the Company's customer support team through the contact information provided on the Company's website. The Company will make reasonable efforts to address your concerns promptly and to your satisfaction.
Electronic Communications
By using the Company's services, you consent to receiving electronic communications from the Company. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Company's services. You agree that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Survival
All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Headings
The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
Interpretation
In these Terms and Conditions, unless the context otherwise requires, words in the singular shall include the plural and vice versa, a reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time, and a reference to writing or written includes email.
No Waiver of Rights
The Company's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Contact Information
If you have any questions or concerns about these Terms and Conditions or the Company's services, please contact the Company using the contact information provided on the Company's website. Force Majeure
The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms and Conditions if such failure or delay is caused by events beyond the Company's reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, epidemics, pandemics, interruptions or failures of communication networks or systems, or any law, regulation, ordinance, or other act or order of any court, government, or governmental agency.
Amendments
The Company reserves the right to modify, amend, or change these Terms and Conditions at any time and at its sole discretion. Any such modifications, amendments, or changes will be posted on the Company's website, and your continued use of the Company's services following the posting of any changes to the Terms and Conditions constitutes your acceptance of those changes. It is your responsibility to review the Terms and Conditions periodically to be aware of any changes.
Assignment
The Company may assign its rights and obligations under these Terms and Conditions without your consent to any affiliate, subsidiary, or successor entity, or to a third party in the event of a merger, acquisition, or sale of all or substantially all of the Company's assets. You may not assign your rights and obligations under these Terms and Conditions without the prior written consent of the Company.
Compliance with Laws
You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Company's services, including without limitation any laws governing the use, possession, and transfer of cryptocurrency and other digital assets, and any laws relating to anti-money laundering, counter-terrorism financing, and the prevention of fraud and other financial crimes. Dispute Resolution and Arbitration
a. Agreement to Arbitrate: You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Company's services (collectively, "Disputes") shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
b. Arbitration Rules and Governing Law: The arbitration will be administered by an internationally recognized arbitration institution of the Company's choosing. The arbitration will be conducted in accordance with the institution's rules then in effect, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator(s) shall apply the laws of the United Arab Emirates (UAE) and specifically the laws of Dubai.
c. Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. The arbitration will be conducted on a confidential basis. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
d. Costs of Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the arbitration institution's rules. The Company will be responsible for paying any arbitration fees unless the arbitrator determines that the Dispute is frivolous. In such case, you agree to reimburse the Company for all fees and expenses incurred in connection with the arbitration.
e. Severability: If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
Waiver of Jury Trial and Class Action Rights
By entering into these Terms and Conditions, you and the Company expressly waive any right to a trial by jury or to participate in a class action lawsuit or class-wide arbitration. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
Notices
All notices, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given (a) when delivered by hand, (b) upon receipt when sent by certified or registered mail, postage prepaid, return receipt requested, (c) upon receipt when sent by a nationally recognized overnight courier service, or (d) upon receipt when sent by email, provided that notice by email shall be confirmed by a copy sent by another means specified in this Section. No Waiver
The failure of the Company to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by the Company.
Relationship of the Parties
Nothing in these Terms and Conditions shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between you and the Company. You are an independent contractor, and no provision of these Terms and Conditions shall be construed as creating any relationship other than that of independent contracting parties.
Third-Party Beneficiaries
Except as expressly provided in these Terms and Conditions, there shall be no third-party beneficiaries to the Terms and Conditions. The Company's services may be provided by third parties, but such third parties shall have no rights under or with respect to these Terms and Conditions.
Headings
The headings used in these Terms and Conditions are for convenience only and shall not be used to limit or construe the contents of any section or provision of these Terms and Conditions.
Interpretation
In the event of any conflict or inconsistency between the provisions of these Terms and Conditions and any other document or agreement referenced herein or incorporated by reference, the provisions of these Terms and Conditions shall prevail unless expressly stated otherwise.
Survival
Any provision of these Terms and Conditions which, by its nature or express terms, should survive the termination of these Terms and Conditions, shall so survive, including without limitation, the provisions relating to intellectual property, indemnification, limitations of liability, dispute resolution, and governing law.
Contact Information
If you have any questions or concerns regarding these Terms and Conditions or the Company's services, please contact the Company at contact@crypteor.com.
Language
The original and authoritative version of these Terms and Conditions has been meticulously drafted in English. Should there be any divergence, disparity, or inconsistency between the English rendition and any translations thereof, irrespective of the language of the translated version, the English language version shall unequivocally take precedence. This principle applies to all aspects of these Terms and Conditions, including but not limited to the interpretation, enforcement, governance, and overall comprehension of the terms. It is integral to the integrity of our relationship that this fundamental understanding is acknowledged, ensuring there is no ambiguity or uncertainty regarding the content, scope, or application of these Terms and Conditions. By accepting these Terms and Conditions, you implicitly agree to adhere to this provision, thereby solidifying the English version as the definitive, prevailing, and legally binding text in all respects.
Electronic Communications
By using the Company's services, you consent to receive communications from the Company electronically, such as emails, texts, mobile push notices, or notices and messages on the Company's website. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.
Feedback
The Company welcomes your feedback, comments, and suggestions for improvements to the Company's services. You can submit feedback by emailing the Company at contact@crypteor.com. By submitting feedback, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.
Counterparts
These Terms and Conditions may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
Attorney's Fees
In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party against the other party arising out of or related to these Terms and Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the non-prevailing party.
Acknowledgment
By using the Company's services, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by their terms and conditions. You further acknowledge that these Terms and Conditions, together with the Company's Privacy Policy and any other policies or agreements referenced herein, constitute the complete and exclusive statement of the agreement between you and the Company and supersede all proposals, representations, or prior agreements, oral or written, and any other communications between you and the Company relating to the subject matter of these Terms and Conditions. Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Compliance with Laws
You represent and warrant that your use of the Company's services will comply with all applicable laws, rules, and regulations in your jurisdiction, including but not limited to, anti-money laundering, anti-corruption, and data protection laws. You agree to indemnify and hold the Company harmless from any losses, damages, or expenses, including reasonable attorney's fees, resulting from any breach of this representation and warranty.
Export Restrictions
You acknowledge that the Company's services may be subject to export restrictions under the laws and regulations of the United Arab Emirates and other jurisdictions. You agree to comply with all applicable export control and trade sanctions laws and regulations, and you represent and warrant that you are not subject to any trade sanctions, embargoes, or other restrictions under such laws and regulations.
Updates and Changes to Terms and Conditions
The Company reserves the right to update or modify these Terms and Conditions at any time and for any reason, without prior notice. When changes are made, the Company will make the revised version available on its website, and the changes will be effective immediately upon posting. Your continued use of the Company's services following the posting of any changes to the Terms and Conditions constitutes your acceptance of those changes. If any changes to these Terms and Conditions are unacceptable to you, you must discontinue your use of the Company's services.
Notices
All notices or other communications required or permitted to be given under these Terms and Conditions shall be in writing and shall be deemed to have been duly given if delivered personally, sent by registered or certified mail, return receipt requested, postage prepaid, or sent by email, with confirmation of receipt.
Assignment of Rights and Obligations
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of the Company. The Company may freely assign or transfer its rights and obligations under these Terms and Conditions without restriction.
Binding Effect
These Terms and Conditions shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and permitted assigns.
No Third-Party Rights
These Terms and Conditions are for the benefit of the parties hereto and not for the benefit of any third party, except as expressly provided herein. No person or entity not a party to these Terms and Conditions shall have any rights or remedies under or by reason of these Terms and Conditions.
Entire Agreement
The Terms and Conditions set forth in this agreement, along with all related legal notices, disclaimers, and any supplemental conditions provided either on the Company's website or as part of the Company's services, form a comprehensive and binding legal contract between you, the user, and the Company, CRYPTEOR CAPITAL - FZCO. This agreement governs and regulates your use of the Company's services, setting out the expectations and obligations of both parties.
This contractual framework supersedes and replaces any and all previous agreements, understandings, and representations between the parties, whether they were made orally or in writing. This includes, but is not limited to, any prior understandings or expectations about the nature or quality of the services to be provided. The scope of this supersession encompasses any matter directly or indirectly related to the use of the Company's services.
Furthermore, this agreement, in conjunction with any other documents explicitly referred to herein or incorporated by reference, forms the entire agreement between the parties with respect to the subject matter addressed within it. This comprehensive agreement displaces all prior and contemporaneous agreements and understandings, irrespective of whether they were verbal or written, between the parties concerning the subject matter herein.
The presence or absence of any exercise of a right, power, or remedy under these Terms and Conditions by either party does not imply any waiver of said right, power, or remedy. Any perceived failure or delay in the enforcement of any aspect of these Terms and Conditions by either party shall not operate or be interpreted as a waiver of any such right. To be valid and enforceable, any waiver of any provision of these Terms and Conditions must be made explicitly in writing and must be signed by the party against whom the waiver is sought to be enforced.
Finally, please note that the headings used in these Terms and Conditions are intended purely for ease of reference and organizational purposes. They are not meant to, nor should they be used to, limit, influence, or interpret the contents of any section or provision hereof. The content within each section holds its own merit and is not determined or limited by the associated heading.
This contractual framework is intended to be exhaustive and to provide clarity, transparency, and certainty for both parties involved, thereby ensuring a robust and professional environment for the provision and use of the Company's services. We urge all users to read and understand these terms thoroughly, as their acceptance is a prerequisite for the use of our services.
Headings
The headings used in these Terms and Conditions are for convenience only and shall not be used to limit or construe the contents of any section or provision hereof.
Survival
All provisions of these Terms and Conditions that by their nature should survive termination or expiration, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination or expiration of these Terms and Conditions and continue in full force and effect.
Interpretation
In the event of any ambiguity or question of intent or interpretation arising in connection with these Terms and Conditions, the parties agree that any such ambiguity or question shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.
No Partnership or Agency
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party.
Each party confirms it is acting on its own behalf and not for the benefit of any other person.
Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the applicable rules and regulations of the Dubai International Arbitration Centre (DIAC). The arbitration shall be conducted in Dubai, United Arab Emirates, and the language of the arbitration shall be English.
Confidentiality
Each party agrees to maintain in strict confidence, and to use only for purposes of performing its obligations under these Terms and Conditions, all information, data, and materials received from the other party that is designated as confidential or proprietary or that, under the circumstances surrounding the disclosure, should reasonably be treated as confidential or proprietary. This confidentiality obligation shall survive termination or expiration of these Terms and Conditions. Data Privacy and Security
The Company is committed to protecting the privacy and security of your personal information. By using the Company's services, you agree to the collection, use, and disclosure of your personal information in accordance with the Company's Privacy Policy, which is available on its website and incorporated into these Terms and Conditions by reference.
Customer Support and Complaints
If you have any questions or concerns regarding the Company's services or these Terms and Conditions, or if you wish to file a complaint, please contact the Company's customer support team by email or through the contact information provided on the Company's website. The Company will use reasonable efforts to address your concerns and resolve any issues you may have in a timely manner.
Counterparts
These Terms and Conditions may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
Electronic Signatures
The parties agree that these Terms and Conditions may be electronically signed and that electronic signatures appearing on these Terms and Conditions shall be deemed to be original signatures for all purposes.
Independent Legal Advice
Each party acknowledges that it has had the opportunity to obtain independent legal advice with respect to these Terms and Conditions and that it has either obtained such advice or waived its right to do so.
Cooperation
Each party shall cooperate with the other party, and shall cause their respective employees, agents, and representatives to cooperate with the other party and its employees, agents, and representatives, in order to facilitate the efficient and expeditious performance of their respective obligations under these Terms and Conditions.
No Presumption
The parties agree that any rule of construction to the effect that any ambiguity in these Terms and Conditions should be resolved against the drafting party shall not apply in the interpretation of these Terms and Conditions.
Cryptocurrency Purchase Estimations
Estimation Only: When you initiate a cryptocurrency purchase on our website, we provide an estimated amount of cryptocurrency that you will receive ("Estimated Amount") after your payment has cleared. This estimate is based on the current exchange rate and network fees at the time of your transaction request.
Variability Clause: The Estimated Amount is subject to change and is not guaranteed. The final amount of cryptocurrency you receive ("Final Amount") may vary from the Estimated Amount due to factors including but not limited to bank processing fees, time delays in payment clearance, and fluctuations in the cryptocurrency market.
Market Dependence: The cryptocurrency market is highly volatile and can change rapidly within short periods of time. As such, the supply and valuation of cryptocurrency can significantly affect both the Estimated Amount and the Final Amount you receive.
Bank Fees and Delays: Your financial institution may impose additional fees for the transaction that may not be reflected in the Estimated Amount and could affect the Final Amount you receive. We are not responsible for any such fees or for any delay caused by the banking system.
Acknowledgment: By proceeding with a cryptocurrency purchase on our website, you acknowledge and agree that the purchase is subject to this variability and potential change, and you accept the risk that the Final Amount may be less, equal to, or more than the Estimated Amount provided at the time of the transaction.
Refunds and Cancellations: Once a transaction is executed on the basis of your purchase order, it is final and not subject to cancellation or refund. You are responsible for reviewing and understanding the potential for variability before completing your purchase.
Customer Support: If you have any questions regarding the estimation process or the factors affecting the Final Amount of cryptocurrency you receive, please contact our customer support for assistance.
No Presumption
The parties agree that any rule of construction to the effect that any ambiguity in these Terms and Conditions should be resolved against the drafting party shall not apply in the interpretation of these Terms and Conditions.
Registration Number
Our business is registered as DSO-FZCO-23257. This registration number is displayed to comply with legal requirements and to provide transparency about our business's legal status. By using our website, you acknowledge and accept this information.
Terms and conditions - Last updated on 18/01/2024.
