These terms were prepared in the English language and the English language version shall prevail in the event of any conflict, discrepancy or ambiguity between translations.
FXWALLET (website: https://fxwallet.info ) is a cryptocurrency-based wallet platform that is wholly owned by FXWallet Finance Technology Company (hereinafter referred to as “FXWALLET ”).
These terms of services, together with any other terms and conditions or documents expressly incorporated herein constitute the entire agreement between the parties (together, the “Terms” ). In the event of any inconsistency between these terms of services and any of the other addenda, terms and documents, the provisions of these terms of services shall prevail to the extent of such inconsistency. All other information provided on the Wallet Platform or oral/written statements made are excluded from these Terms and do not constitute a legal agreement between the parties. Use of the Wallet Platform and the Services is governed by these Terms.
By accessing, viewing or downloading information from the Wallet Platform and using the Services provided by the FXWallet Finance Technology Company, you acknowledge that you have read and considered, and you understand and unconditionally agree to be bound, by these Terms. FXWALLET may, at any time, without notice, amend the Terms. You agree to continue to be bound by any such amended Terms and that FXWALLET has no obligation to notify you of such amendments. You acknowledge that it is your responsibility to check these Terms periodically for changes and that your continued use of the Wallet Platform and Services offered by the FXWALLET Group following the posting of any changes to the Terms indicates your acceptance of any such changes.
The Wallet Platform and the copyright in all text, graphics, images, software and any other materials on the Wallet Platform are owned by FXWALLET, including all trademarks and other Intellectual Property Rights in respect of materials and Services on the Wallet Platform. Materials on the Wallet Platform may only be used for personal use and non-commercial purposes.
You may display on a computer screen or print extracts from the Wallet Platform for the above-stated purposes only provided that you retain any copyright and other proprietary notices or any of FXWALLET’s trademarks or logos, as shown on the initial printout or download without alteration, addition or deletion. Except as expressly stated herein, you may not without FXWALLET’s prior written permission alter, modify, reproduce, distribute or use in any other commercial context any materials from the Wallet Platform.
You acknowledge that ‘FXWALLET ’ and the FXWALLET logo are trademarks of FXWallet Finance Technology Company. You may reproduce such trademarks without alteration on material downloaded from the Wallet Platform to the extent authorized above, but you may not otherwise use, copy, adapt or erase them.
You shall not in any circumstance obtain any rights over or in respect of the Wallet Platform (other than rights to use the Wallet Platform pursuant to these Terms and any other terms and conditions governing a particular service or section of the Wallet Platform) or hold yourself out as having any such rights over or in respect of the Wallet Platform.
You are not allowed to access or use the Services or the Wallet Platform if you are located, incorporated or otherwise established in, or a citizen or resident of: (i) the United States of America, the province of Québec in Canada, Cuba, Crimea and Sevastopol, Iran, Syria, North Korea or Sudan; (ii) any state, country or other jurisdiction that is embargoed by the United States of America; (iii) a jurisdiction where it would be illegal according to Applicable Law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services or the Wallet Platform; or (iv) where the publication or availability of the Services or the Wallet Platform is prohibited or contrary to local law or regulation, or could subject any member of the FXWallet Finance Technology Company to any local registration or licensing requirements (together, the “Restricted Jurisdictions” ). FXWallet Finance Technology Company may, in its sole discretion, implement controls to restrict access to the Services or the Wallet Platform in any of the Restricted Jurisdictions. If FXWallet Finance Technology Company determines that you are accessing the Services or the Wallet Platform from any Restricted Jurisdiction, or have given false representations as to your location of incorporation, establishment, citizenship or place of residence, FXWallet Finance Technology Company reserves the right to close any of your accounts immediately and liquidate any open positions.
In these Terms:
"APIs" means Application Programming Interfaces;
"Applicable Law" means all civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions, rules and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which any member of the FXWALLET Group or you are bound in any jurisdiction applicable to the receipt or performance of the Services.
"FXWALLET Mobile Application" means the mobile wallet application developed, published and distributed by the FXWALLET Group (as updated from time to time).
"FXWallet Finance Technology Company" means FXWALLET and its subsidiaries from time to time.
"Intellectual Property Rights" means any registered or unregistered design rights, patents, copyright, database rights, data protection rights, trademarks, service marks, logos, trade names, rights in domain names, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable)) moral rights and any other similar intellectual or industrial property rights (whether registered or not) and applications for such rights as may exist anywhere in the world.
"Member" means any current registered user of the Wallet Platform.
"Services" means websites, applications and any services provided by any member of the FXWallet Finance Technology Company, including:
a) the Trading Platform;
b) any downloadable material from FXWALLET websites;
c) any information, content or other material published or provided by any member of the FXWALLET Group in any way with respect to any subject matter (including any research materials, market data or blogs); and
d) any features, content or services from any person that may be ancillary to any of the above.
"Trading Platform" means the Cryptocurrency-based trading platform on https://fxwallet.info and subdomains, mobile applications (including the FXWALLET Mobile Application), APIs and other media owned by the FXWallet Finance Technology Company relating to that trading platform.
By registering to use a FXWALLET Account, you represent and warrant that you (a) are at least 18 years old or of legal age to form a binding contract under applicable law, (b) are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms, (c) have not previously been suspended or removed from using our Services and (d) you do not currently have an existing FXWALLET Account. If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity.
FXWALLET reserves the right to modify or change the Terms at any time and at its sole discretion. FXWALLET will provide notice of these changes by updating the revised Terms on the webpage (https://fxwallet.info) and changing the “[Last revised:]” date on this page. Any and all modifications or changes to these Terms will be effective immediately upon being announced on the website or released to users. As such, your continued use of FXWALLET services acts as acceptance of the amended agreement and rules. If you do not agree to any modification to these Terms, you must stop using the Services. FXWALLET encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
a. Not carry out any activity that: (i) involves proceeds from any illegal or unlawful activity (including activities relating to cryptocurrency tumblers, darknet markets, money laundering or terrorism financing); (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could violate, any Applicable Law;
b. Not attempt to undermine the security or integrity of the FXWALLET Group’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
c. Not use, or misuse, the Services in any way which may impair the functionality of the Services or Wallet Platform, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Wallet Platform;
d. Not attempt to gain unauthorized access to the computer system on which the Wallet Platform is hosted or to any materials other than those to which you have been given express permission to access;
e. Not transmit or input into the Wallet Platform any files that may damage any other person’s computing devices or software; content that may be offensive; or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
f. Not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse-engineer any computer programs used to deliver the Services or to operate the Wallet Platform except as is strictly necessary to use either of them for normal operation;
g. Ensure that all usernames and passwords required to access the Wallet Platform are kept secure and confidential; and
h. Immediately notify FXWALLET of any unauthorized use of your password(s) or any other breach of security and FXWALLET will reset your password(s) upon such notification.
a. FXWALLET provides an online digital asset wallet platform (crypto to crypto) for products commonly known as cryptographic tokens, digital tokens or cryptographic currency (collectively, “Digital Currency”). FXWALLET does not provide fiat trading capabilities as part of the Services. FXWALLET functions as a wallet and trading platform provider and not as a buyer or seller in trades made between traders. FXWALLET is also not a market maker. Users must register and open an account with FXWALLET and deposit digital assets prior to commencement of trading. Traders may request the withdrawal of their digital assets, subject to the limitations as stated in these Terms.
b. FXWALLET strives to maintain the accuracy of information posted on the Services however it cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance or fitness for any purpose of the content made available through the Services, and will not be liable for any loss or damage that may arise directly or indirectly from your use of such content. Information on the Services can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. FXWALLET does not provide investment or advisory advice and will have no liability for the use or interpretation of information as stated on the Services or other communication mediums. All users of the Services must understand that there are risks involved in trading in Digital Currencies. FXWALLET encourages all users to exercise prudence and trade responsibly within their own means.
a. All Intellectual Property relating to the Wallet Platform, all the material used on the Wallet Platform and the Services including, but not limited to, design, structure, layouts, graphical images and underlying source code belong to the FXWALLET Group. All rights are reserved.
b. You acknowledge that, except as otherwise agreed between the parties in writing, all Intellectual Property of the FXWallet Finance Technology Company in the Wallet Platform and the Services shall remain with the FXWallet Finance Technology Company.
c. You are not granted any right to use, and may not use, any of the FXWALLET Group’s Intellectual Property other than as set out in these Terms and subject to the following conditions:
d. You may only view and use the Services and the Wallet Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, repost, modify, transmit, distribute or otherwise use the Services and the Wallet Platform (or any part of it or its content) in any way for non-personal, public or commercial use without the prior written consent of FXWALLET. All restrictions relating to use of the Services and the Wallet Platform in these Terms shall apply to data available through any APIs;
e. You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Services; and
f. You may not use any data mining, robots or similar data-gathering or extraction methods.
g. By submitting your content directly or indirectly to or through the Wallet Platform in any way, including, but not limited to, blogs, message boards, forums and APIs (whether or not submitted through a third party), you grant the FXWallet Finance Technology Company a royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display all of your content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. The FXWallet Finance Technology Company shall be the sole owner of any derivative work produced by the FXWallet Finance Technology Company based on, or in any way connected with, your content, and shall have the right to use such derivative work for any purpose, commercial or otherwise, without any further obligation to you. You also permit any other users of the Wallet Platform to access, display, view, store and reproduce such content for personal use. You waive (and to the extent you cannot waive, agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such content. FXWALLET has the right, but not the obligation, to monitor all conduct and content submitted to or through the Wallet Platform, and may in its sole discretion: (i) refuse to publish, remove or modify content or disable access to content that it considers breaches these Terms; or (ii) suspend or discontinue your opportunity to submit, post or upload content.
h. By submitting any content to the Wallet Platform you warrant that you are entitled to, and have all necessary Intellectual Property Rights over, that content to submit it on the Wallet Platform in accordance with these Terms.
i. FXWALLET reserves the right to disclose your identity to any third party who claims that any content posted or uploaded by you to the Wallet Platform constitutes a violation of their Intellectual Property Rights or of their right to privacy.
b. User Identity Verification
ii. The identity verification information we request may include, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID, Date of Birth and other information collected at the time of account registration. In providing this required information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, FXWALLET shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of FXWALLET Service if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.
c. By signing up for account you hereby authorize FXWALLET to make inquiries, whether directly or through third parties, that FXWALLET considers necessary to verify your identity or protect you and/or FXWALLET against fraud or other financial crimes, and to take action FXWALLET reasonably deems necessary based on the results of such inquiries. You also acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.
d. Account Usage Requirements
Accounts can only be used by the person whose name they are registered under. FXWALLET reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. You shall immediately notify FXWALLET if you suspect or become aware of unauthorized use of your user name and password. FXWALLET will not be liable for any loss or damage arising from any use of your Account by you or by any third party (whether or not authorized by you).
e. Account Security
i. FXWALLET strives to maintain the safety of those user funds entrusted to us and has implemented industry standard protections for the Services. However, there are risks that are created by individual User actions. You agree to consider your access credentials such as user name and password as confidential information and not to disclose such information to any third party. You also agree that you alone are responsible for taking necessary safety precautions to protect your own account and personal information.
ii. You shall be solely responsible for the safekeeping of your FXWALLET account and password on your own, and you shall be responsible for all activities under Account and FXWALLET will not be responsible for any loss or consequences of authorized or unauthorized use of your Account credentials including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.
iii. By creating an Account, you hereby agree that:
(i) you will notify FXWALLET immediately if you are aware of any unauthorized use of your FXWALLET account and password by any person or any other violations to the security rules;
(ii) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and
(iii) you will log out from the website by taking proper steps at the end of every visit.
f. Personal Data
Your Personal Data will be protected and kept confidential, but subject to the provisions of any applicable law, your Personal Data may, depending on the products or services concerned, be disclosed to the following third parties:
(ii) other divisions or entities within FXWallet Finance Technology Company and our affiliates;
(iii) our joint venture/ alliance partners and business partners;
(iv) our agents, contractors, vendors, third party service providers and specialist advisers who have been contracted to provide us with administrative, financial, research, operational, IT or other services, such as telecommunications, information technology, payment, payroll, processing, training, market research, storage and archival;
(v) any third party business partners who offer goods and services or sponsor contests or other promotional programs, whether in conjunction with us or not;
(vi) insurers or insurance investigators and credit providers;
(vii) the Credit Bureau, or in the event of default or disputes, any debt collection agencies or dispute resolution centers;
(viii) any business partner, investor, assignee or transferee (actual or prospective) to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale) involving the FXWALLET group;
(ix) our professional advisors such as our auditors and lawyers;
(x) relevant government regulators or authority or law enforcement agency to comply with any laws or rules and regulations imposed by any governmental authority;
(xi) anyone to whom we transfer or may transfer our rights and obligations;
(xii) banks, credit card companies and their respective service providers; and
(xiii) any other party as may be consented to by you, as specified by that individual or in the applicable contract.
i. Subject to your continued compliance with the express terms and conditions of these Terms, FXWALLET provides to you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services on your computer or other internet compatible device for your personal, internal use only. You are not permitted to use the Services for any resale or commercial use including to place trades on behalf of another person or entity. All such use is expressly prohibited and shall constitute a material violation of these Terms. The content layout, formatting, and features of and access privileges for the Services shall be as specified by FXWALLET in its sole discretion. All rights not expressly granted under these Terms are hereby reserved. Accordingly, you are hereby prohibited from using the Services in any manner that is not expressly and unambiguously authorized by these Terms.
ii. These Terms provide only a limited license to access and use the Services. Accordingly, you hereby agree that FXWALLET transfers no ownership or intellectual property interest or title in and to the Services or any FXWALLET intellectual property to you or anyone else in connection with your use of the Services. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services are exclusively owned, controlled, and/or licensed by FXWALLET or its members, parent(s), licensors, or affiliates.
iii. FXWALLET will own any feedback, suggestions, ideas, or other information or materials regarding FXWALLET or the Services that you provide, whether by email, through the Services or otherwise (“Feedback”). You hereby assign to FXWALLET all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
i. When you use the Services, you agree and covenant to observe the following:
ii. All the activities that you carry out during the use of the Services will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of FXWALLET:
iii. Your use of the Services will not be in violation of public interests, public ethics or other’s legitimate interests including taking any action that would interfere with, disrupt, negatively affect, or inhibit other Users from using the Services:
iv. You agree not to use the services for engaging in market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering regardless of whether prohibited by law);
v. The following commercial uses of FXWALLET data is prohibited unless written consent from FXWALLET is granted:
v.1. Exchange services that use quotes or order book information from FXWALLET.
v.2. Data feed or data stream services that make use of any market data from FXWALLET.
v.3. Any other websites/apps/services that charge for, or otherwise commercially monetize (including through advertising or referral fees), market data obtained from FXWALLET.
vi. You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Properties, or any portion of the Properties without FXWALLET prior written consent.
vii. You may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Properties or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services, (ii) attempt to gain unauthorized access to any portion or feature of the Properties or any other systems or networks connected to the Services or to any FXWALLET , server or to any of the services offered on or through the Services, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Services or any network connected to the Properties, nor breach the security or authentication measures on the Services or any network connected to the Services, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Services, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or FXWALLET systems or networks or any systems or networks connected to the Services, (v) use any device, software, or routine to interfere with the proper working of the Services or any transaction conducted on the Services, or with any other person's use of the Services, (vi) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Services, or (vii) use the Services in an unlawful manner.
viii. By accessing the Service, you agree that FXWALLET shall have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to:
viii. 1. block and close order requests
viii. 2. freezing your account
viii. 3. reporting the incident to authorities
viii. 4. publishing the alleged violations and actions that have been taken
viii. 5. deleting any information that you published that is in violation
Upon placing an instruction to affect a trade using the Services (an “Order”), your Account will be updated to reflect the open Order and your Order will be included in FXWALLET order book for matching with Orders from other Users. If all or a portion of your Order is matched with another User, the Services will execute an exchange (a “Trade”). Upon execution of a Trade, your Account will be updated to reflect that the Order has either been closed due to having been fully executed, or updated to reflect any partial fulfillment of the Order. Orders will remain open until fully executed or cancelled in accordance with subsection (b) below. For purposes of effectuating a Trade, you authorize FXWALLET to take temporary control of the Digital Currency that you are disposing of in the Trade.
You may only cancel an order initiated via the Services if such cancellation occurs before your Order has been matched with an Order from another user. Once your Order has been matched with an Order from another user, you may not change, withdraw, or cancel your authorization for FXWALLET to complete such Order. If any order has been partially matched, you may cancel the unmatched portion of the Order unless and until the unmatched portion has been matched. FXWALLET reserves the right to refuse any cancellation request associated with an Order after you have submitted such Order. If you have an insufficient amount of Digital Currency in your Account to fulfill an Order, FXWALLET may cancel the entire Order or may fulfill a partial Order that can be covered by the Digital Currency in your Account (in each case after deducting any fees payable to FXWALLET in connection with the Trade as described in subsection (c) below).
You agree to pay FXWALLET the fees set forth at https://fxwallet.info/servicefee which may be updated from time to time in FXWALLET sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize FXWALLET to remove any amounts from your Account for any applicable fees owed by you under these Terms.
a. Risks： Margin trading and Futures are highly risky. As a margin or futures trader, you acknowledge and agree that you shall access and use the margin or futures trading and borrowing service at your own risks:
i. Trading markets are extremely volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. The use of leverage can work against you as well as for you and can lead to large losses as well as gains.
ii. You are not eligible for receiving forked coins split from any blockchain asset in your margin or futures account, even if you have not engaged in any margin, futures trading or borrowing at all.
iii. The loan carries risks and the value of your blockchain assets may drop. If the value of your assets drops below a certain level, you are responsible for responding to this market circumstance.
iv. Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, there is insufficient liquidity in the market or due to technical issues on FXWALLET.
v. Placing contingent orders will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders.
vi. There is no guaranteed measure against losses on margin or futures trading. As a borrower, you may sustain a total loss beyond what you have deposited to your margin for futures account.
b. To enter into margin or futures trading:
i. You represent and warrant that you are not either from the US, nor on any trade or economic sanctions lists, such as designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department).
ii. You should fully understand the risks associated with the margin or futures trading and lending and solely responsible and liable for any and all trading and non-trading activity on your FXWALLET account. Do not enter into a transaction or invest in funds that are above your financial abilities;
iii. You are solely responsible and liable for knowing the true status of any position, even if presented incorrectly by FXWALLET at any time;
iv. You agree to maintain in your FXWALLET margin or futures account a sufficient amount of blockchain assets required by FXWALLET for users to engage in margin or futures trading and return your loan in full timely. Failure to maintain a sufficient amount of assets or fail to return outstanding loan duly can result in the forced-liquidation of assets in your margin or futures account;
v. FXWALLET cannot guarantee to stop losses even with the ability to force-liquidate any of your positions. If, after your positions are liquidated, your assets are insufficient to cover the outstanding loan, you are still responsible for any additional assets shortfall;
vi. FXWALLET may, in its sole discretion, perform measures to mitigate potential losses to you on your behalf, including, but not limited to, transferring balances from your margin or futures to your exchange account and/or from your exchange to your margin or futures account;
vii. During FXWALLET system maintenance, you agree that you are solely responsible and liable for managing your margin or futures account under risk, including but not limited to, keep or close your position and repay your loan.
c. You agree that you will conduct all trading, margin trading, futures trading and/or borrowing on your own account and claim full responsibility for your activities. FXWALLET does not take any responsibility for any loss or damage incurred as a result of your use of any services or your failure to understand the risks involved associated with assets generally or your use of our services.
d. You are aware that on liquidation, all open orders are immediately cancelled. you may lose all your positions and all the funds in your futures account. A fee of up to 0.5% of the NOMINAL position value will be charged. If FXWALLET cannot close all the positions on liquidation,the insurance fund and/or counterparty-liquidation will take effect. FXWALLET takes every possible step to avoid counterparty liquidation to minimize the potential impact of any counterparty liquidation when it does occur. Unfortunately, due to the volatility in the Cryptocurrency markets, and the leverage offered to clients, it is not possible to fully avoid this possibility. In order to provide the best possible client experience, FXWALLET will strive to keep counterparty liquidations to an absolute minimum.
a. FXWALLET Lending service allows https://fxwallet.info users to gain proceeds through utilizing their idle cryptocurrency assets.
b. FXWALLET Lending assets will be utilized for funding services such as, but not limited to, levered margin activity on https://fxwallet.info.
c. When you use the FXWALLET Lending service, you will unconditionally authorize https://fxwallet.info to distribute the leveraged interest according to the rules of the platform.
d. You shall abide by the relevant laws of your Country of Residence to ensure that the sources of assets are legitimate and compliant when using the FXWALLET Lending service.
e. When you use the FXWALLET Lending service, you should fully recognize the risks of investment in cryptocurrency and operate cautiously.
f. You agree that all investment operations conducted on https://fxwallet.info represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions.
g. https://fxwallet.info reserves the right to suspend or terminate FXWALLET Lending service. If necessary, https://fxwallet.info can suspend and terminate FXWALLET Lending service at any time.
h. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension or deviation of FXWALLET Lending service execution, FXWALLET.cc will use commercially reasonable effort to ensure but not promise that FXWALLET Lending service execution system run stably and effectively. FXWALLET.cc does not take any responsibility if the final execution doesn’t match your expectations due to the above factors.
a. Disclaimer of Warranties
i. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, THE FXWALLET MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FXWALLET ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FXWALLET EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, FXWALLET DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR FXWALLET MATERIALS ARE 100 PERCENT ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FXWALLET DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT FXWALLET WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO:
i. 1. ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA,
i. 2. ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA,
i. 3. INTERRUPTION IN ANY SUCH DATA AND
i.4. ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THIS AGREEMENT.
ii. THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
b. Disclaimer of Damages and Limitation of Liability
i. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FXWALLET , ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FXWALLET AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF FXWALLET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF FXWALLET’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ii. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF FXWALLET , ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF FXWALLET OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO FXWALLET UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless FXWALLET , its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Service. If you are obligated to indemnify FXWALLET , its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this clause, FXWALLET will have the right, in its sole discretion, to control any action or proceeding and to determine whether FXWALLET wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on Announcements where we urge all users to refer to regularly. FXWALLET will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
i. The account is subject to a governmental proceeding, criminal investigation or other pending litigation;
ii. We detect unusual activity in the account;
iii. We detect unauthorized access to the account;
iv. We are required to do so by a court order or command by a regulatory/government authority
b. In case of any of the following events, FXWALLET shall have the right to directly terminate this agreement by cancelling your Account, and shall have the right to permanently freeze (cancel) the authorizations of your account on FXWALLET and withdraw the corresponding FXWALLET Account thereof:
i. after FXWALLET terminates services to you;
ii. you allegedly register or register in any other person’s name as FXWALLET user again, directly or indirectly;
iii. the information that you have provided is untruthful, inaccurate, outdated or incomplete; when these Terms are amended, you expressly state and notify FXWALLET of your unwillingness to accept the amended Terms;
iv. you request that the Services be terminated; and
v. any other circumstances where FXWALLET deems it should terminate the services.
c. Should your Account be terminated, the Account and transactional information required for meeting data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the Account termination process, FXWALLET shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
d. If FXWALLET receives notice that any funds held in your Account are alleged to have been stolen or otherwise are not lawfully possessed by you, FXWALLET may, but has no obligation to, place an administrative hold on the affected funds and your Account. If FXWALLET does place an administrative hold on some or all of your funds or Account, FXWALLET may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to FXWALLET has been provided to FXWALLET in a form acceptable to FXWALLET . FXWALLET will not involve itself in any such dispute or the resolution of the dispute. You agree that FXWALLET will have no liability or responsibility for any such hold, or for your inability to withdraw funds or execute trades during the period of any such hold.
e. Remaining funds after Account termination
Except as set forth in subsection (b) below, once the Account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to FXWALLET ) on the account will be payable immediately to FXWALLET. Upon payment of all outstanding charges to FXWALLET (if any), the User will have 5 business days to withdraw all remaining funds from the Account.
f. Remaining funds after Account termination due to fraud, violation of law, or violation of these terms)
FXWALLET maintains full custody of the funds and User data/information which may be turned over to governmental authorities in the event of Account suspension/closure arising from fraud investigations, violation of law investigations or violation of these Terms.
FXWALLET is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities affected by you using the Services. No communication or information provided to you by FXWALLET is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. All trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. FXWALLET does not recommend that any Digital Currency should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Currency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. FXWALLET will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by FXWALLET.
It is the responsibility of the User to abide by local laws in relation to the legal usage of FXWALLET in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All Users of FXWALLET and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. FXWALLET maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of Users which are flagged out or investigated by legal mandate.
a. Please Read This Section Carefully, As It Involves a Waiver Of Certain Rights To Bring Legal Proceedings.
b. Notification of Dispute. Please contact FXWALLET first. We want to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting FXWALLET first .
c. Agreement to Arbitrate. You and FXWALLET agree to resolve any claims relating to this Agreement (including any question regarding its existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You agree to first give us an opportunity to resolve any claims by contacting us as set forth in subsection (a) above. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration in Estonia, as set forth below.
d. If the Parties fail to resolve the disputes relating to this Agreement through negotiations, the dispute shall be conclusively resolved in the Arbitration Court of the Chamber of Commerce and Industry of Estonia in Tallinn (hereinafter: the Arbitration Court) in accordance with the Rules of the Arbitration Court. The dispute shall be resolved on the basis of the laws of Estonia. The language of the Arbitration Court shall be English.
e. The Arbitration Court shall consist of 3 (three) members. Each Party shall appoint one arbitrator within the time period prescribed by the Council of the Arbitration Court of the Chamber of Commerce and Industry of Estonia. Each Party shall ask the arbitrator chosen by him to appoint a third arbitrator together with the arbitrator chosen by the other Party, who shall be the chairman of the Arbitration Court in the resolution of the dispute. If the arbitrators appointed by the Parties fail to choose a third arbitrator within the time period prescribed by the Council of the Arbitration Court of the Chamber of Commerce and Industry of Estonia, the third arbitrator who shall also be the chairman of the Arbitration Court shall be appointed by the Council of the Arbitration Court of the Chamber of Commerce and Industry. If the Parties fail to form the Arbitration Court in accordance with the provisions of this Article and the Rules of the Arbitration Court, the Arbitration Court shall be formed by the Council of the Chamber of Commerce and Industry of Estonia.
f. The award of the Arbitration Court shall be final and binding upon the Parties.
a. Independent Parties. FXWALLET is an independent contractor and not an agent of you in the performance of these Terms. These Terms not to be interpreted as evidence of an association, joint venture, partnership, or franchise between the parties.
b. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of the Services and will supersede all prior agreements between the parties whether, written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of these Terms.
c. Force Majeure. FXWALLET will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond FXWALLET reasonable control.
d. Severability. If any portion of these Terms are held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
e. Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. FXWALLET may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
f. Waiver. The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
h. Contact Information. For more information on FXWALLET , you can refer to the company and license information found on the website. If you have questions regarding this agreement, please feel free to contact FXWALLET for clarification via our Customer Support team at [email protected]
Should any provision of these Terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected. If any provision is determined to be unenforceable, you agree to an amendment by FXWALLET of such provision to provide for enforcement of the provisions intent, to the extent permitted by applicable law.
The Terms and any non-contractual obligations arising out of or in connection with them are governed by and construed in accordance with the laws of Estonia.