These Terms and Conditions (the “Terms”) constitute a binding agreement between you (the “Client”, “you”, “your”) and SharkPay OÜ, a legal entity incorporated under the laws of Estonia with registration code 14897034 and registered address at Vaike-Paala, 2, Tallinn, Estonia, 11415 (the “Company”, “we”, “us”or “our”) that applies to the Client’s use of the Website, any and all services, products and content provided by the Company.
By accessing the Website, opening an Account, and using any Services, you expressly confirm that you have carefully read and accepted all provisions of these Terms (including Privacy Policy and AML policy) and you agree to be bound by them. You also acknowledge and fully understand the risks, fees, obligations, and benefits associated with the Services.
These Terms, including the Privacy Policy, the AML policy, any additional terms and/or policies, appendixes, notices, notifications, representations, warranties and disclaimers, published from time to time on the Website, govern your use of the Website and Services, and comprise the entire agreement and understanding between you and the Company.
The Company reserves the right to change, modify, remove and replace these Terms, including but not limited any Policy, at any time in its sole discretion without any prior notice. Any changes will be effective immediately upon being posted on the Website. It is your responsibility to review these Terms regularly. You will be deemed to have accepted any such changes or modifications that Company may make, by continuing to use our Services and access the Website.
If at any time you do not agree with these Terms or with any subsequent amendments, changes, or updates, stop using Services and accessing the Website.
Account is a profile registered by the Client on the Website to access the Services and that controls Client’s Funds and Transactions conducted with them, and that is not the bank account and the Funds held within will not earn any interest.
AML policy - the Company’s rules of procedures that will help to identify and mitigate the risks of financial crimes, including money laundering and terrorism financing, and that form an integral part of these Terms and can be available at https://arbex.com/pages/aml-ctf-policy.html
Arbex platform is the functional part of the Website, operated by the Company, that offers exchanging Services, Virtual Currency wallet services, and other services, offered by the Company.
Applicable Law means Estonian laws, statutes and regulations, that are applicable under these Terms to the relationship between the Parties.
Client means the account-holder (a natural person or legal entity, incorporated in an appropriate legal form as well as their representative and authorised person) that access or use Company services and meets the criteria and conditions stipulated by the Company.
Exchange service means a service with the help of which a Client exchanges a Virtual currency against a Fiat currency and vice versa or a Virtual currency against another Virtual currency conducted through the Account.
External Account means any Financial Account or Virtual Currency Account: (i) from which Client may load Funds into his Account (“Deposit”), and (ii) to which Client may transfer Funds from his Account (“Withdrawal”).
Fee means the commission or other costs, charged by the Company for the use of Services.
Fiat Currency is government-issued currency that is designated as legal tender in its country of issuance on the legislative level.
Financial Account means any financial account owned, controlled or operated by a Client, that is maintained by a third party outside of the Services, including, but not limited to third-party payment service accounts or accounts maintained by third party financial institutions.
Funds means Virtual Currency and/or Fiat Currency.
Order means a Client's offer to exchange (to buy or to sell) Virtual Currency for other Virtual Currency or Fiat currency under certain conditions.
Parties mean collectively Company and the Client.
Privacy Policy - the Company’s rules of personal data collection, storage, and use, forming an integral part of these Terms and can be available at https://arbex.com/pages/privacy-policy.html
Rate means the exchange rate used by the Arbex platform for converting the values between Virtual Currency and/or Fiat Currency and vise versa.
Transaction is the process of transferring, depositing, exchanging, trading and/or withdrawing Virtual or Fiat currencies by the Client to/from his Account.
Virtual Currency means a value represented in the digital form, which is digitally transferable, preservable or tradable and which natural or legal persons accept as a payment instrument, but that is not the legal tender of any country and do not include digital representations of fiat currencies (e-money) or securities.
Virtual currency Account means any Virtual Currency address or account owned, controlled or operated by a Client that is maintained outside of the Arbex platform, and is not owned, controlled or operated by the Company.
Virtual currency wallet service means a service in the framework of which keys are generated for customers or customers’ encrypted keys are kept, which can be used for the purpose of keeping, storing and transferring Virtual currencies.
Website means https://arbex.com, all subdomains and all their respective pages and documents available on the Website from time to time.
Company provides you with the following services, available through the Website and Arbex platform (hereinafter – the “Service(s)”):
Further, you understand that the Company may make available to you additional or ancillary Services in order to facilitate the functionality of your Account and that any such additional Services shall be offered to you in Company’s sole discretion.
NOTE: The access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited. You may not be able to use any or all Services if you use or have access to them from countries that we do not support and/or you are on any trade or economic sanctions lists. It is your responsibility to follow all applicable rules and laws in your country of residence and/or country from which you access this Website and Services. The Company reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of Services in certain countries or regions.
To start using our Services you need to open an Account on the Website and undergo registration process as further described herein.
By accessing your Account you have the ability to place various types of Orders and Transactions with respect to certain Virtual currencies that are supported by the Platform. You agree and acknowledge that any decision that you make to “Buy” or “Sell” Virtual or Fiat Currency is entirely your own, and is made without any investment advice from the Company.
All Transactions on your Account are carried out in accordance with the prevailing exchange rate for the given trading pair (for example, BTC/USD) at the time by market order is executed and as displayed on the Website. Such Rate is accurate for the moment alone in which it’s displayed and may not reflect the final Rate applicable to your Transaction. You acknowledge and agree that such Rates do not reflect any rate or price quoted by any third party (e.g. other exchanges, conversion services and market data providers). The Rate is determined by the Company in such a way to include a certain margin between the “Buy” and “Sell” Rates, which constitutes fees from each Transaction.
All transactions are carried out through the trading API of the software provider.
In order to initiate any Transactions you must first load Funds to your Account. To deposit your Funds, select the Deposit tab located on the navigation bar and follow Deposit instructions on your Account page. Please, read Deposit instructions carefully.
At the time of your Transaction order, the Company provides you with different channels for Fiat Currency payment, including without limitation, the bank wire transfers, credit or debit card payment, and other third party payment processors. Such channels enable transferts to and from your Financial account. Depending on the deposit method you chose different conditions will apply (e.g. commissions or proceeding time).
You can withdraw your Funds at any time at your sole discretion as often as you’d like. There may be limits on the amounts that you are able to withdraw on a daily or other periodic basis. To withdraw your Funds, select the Withdraw tab located on the navigation bar, choose Fiat or Virtual Currency wallet, insert withdrawal amount, select withdrawal type and withdrawal method. Depending on the withdrawal method you chose different conditions will apply (e.g. commissions or proceeding time). You will only be able to withdraw Funds available after margin obligations have been met and any fees, commissions or other charges have been deducted.
The Company reserve the right to carry out any necessary money laundering, terrorism financing, fraud, and/or other illegal activity checks before authorizing any deposit/withdrawal of Funds on your Account. For these purposes, we may request you to provide additional information (e.g. source of Funds, copy of your credit card or bank details) within the terms defined by us. We also reserve the right to conduct enhanced due diligence, when such deemed necessary by us.
The Services associated with your Account also include a wallet service provided by Company and/or third parties involved in the process (“Wallet Address”). Wallet Address aimed to exchange, store, and withdraw Virtual Currency. The Company securely stores all your private keys related to your Virtual Currencies holding on your Account.
You acknowledge and agree that you will be responsible for ensuring that the address to which any Virtual Currencies are to be transferred is properly formatted and suitable for the type of Virtual currency being transferred. Otherwise, the Virtual Currencies may be permanently lost. The Company provides Services only for those Virtual currencies that are supported by the Arbex platform. Please, check the Website regularly to be aware of what Virtual currencies are supported.
Please, note that the Company and third parties involved in the process are not able to reverse any transfers and will not have any responsibility or liability if you have instructed Company and third parties involved in the process to send Virtual currencies to an address that is incorrect, improperly formatted, erroneous or intended for a different type of Virtual currencies. Please, always check the accuracy of information provided for Withdrawal purposes.
The proceed speed for completing any Transaction will depend on the actions of third parties that are beyond the control of the Company, and the Company makes no guarantees as to the amount of time that may be required to complete any Transaction.
By providing us with your External Account(s) you represent and warrant that it is owned by you exclusively and is under your sole and full control. Company shall not be liable for the transfer of your Account to other External Account(s).
NOTE: the Company shall not accept transfers from any third party to your Account nor will Company execute any withdrawals, from your Account to any third party. All transactions to and from your Account should be in your own name.
You agree and understand that any Order that you place may fail and not be filled. A Transaction on the Arbex Platform may fail for several reasons, including but not limited to change in seller prices or unanticipated technical difficulties. Company makes no representation or warranty that any Transaction will be executed properly. Company is under no circumstances liable for any loss or injury suffered by a failure of an order of Transaction to complete properly or in a timely manner. Further, the Company is in no way responsible for notifying you of a Transaction or Order failure.
You also acknowledge that certain restrictions may apply to Transactions of Virtual Currency based upon applicable laws and regulations in your jurisdiction that may restrict us from entering into certain Transactions with you, and you understand that we have the right not to enter into any Transaction with you.
Company reserves the right at its sole discretion to deny processing of any Transaction for any reason including, but not limited to, the following:
We may also take any additional actions available to it under these Terms or Applicable law with respect to such Transaction.
The Company will execute Transactions on the Client’s behalf solely on Client instructions and this should not imply any advice or any approval or recommendation on the merits of such Transaction. Company is not required to explain any risks that may arise from a particular transaction as the Client has had an opportunity to seek independent financial advice.
In order to open an Account, you will be required to provide your real name, email address and password (“Login Credentials”), read and accept these Terms (including Privacy Policy) and proceed with registration as shall be further described herein. Company is under no obligation to open an Account with any individual or legal entity, even if all information has been provided.
IMPORTANT: you are personally responsible for any use of the Service with your Login Credentials and to ensure it is kept secure. You agree to take due care in protecting your Login Credentials against unauthorised access to your Account. Any actions on the Website, transactions, orders and operations initiated from your Account or using your Login credentials (1) will be considered to have been made by you, and (2) is irrevocable once validated using your password or made through your Account. The Company remains however free to request additional identification elements at any time to verify your identity.
NOTE: The Company does not guarantee to provide you with any security alerts, and the Company shall not be held liable for not providing any alerts. In no event will the Company be held responsible for any damages or losses which you may sustain as a result of unauthorised access to the Account. Please, contact support@arbex.com immediately if you become aware of any unauthorised use of your Account, or any other breach of security.
The Company provides you with the ability to use advanced security features for your Account (including without limitation two-factor authentication). If you enable advanced security features, you are solely responsible for maintaining the security of any device or account that may be associated with advanced security features.
Once your account is approved and successfully opened you may start using Services according to the limits as per your verification level.
You are only allowed to create one Account on the Arbex platform and you are not allowed to sell, borrow, share or otherwise make available your Account or any detail necessary to access your Account to any person other than yourself. If you create more than one account it is considered as a violation of these Terms and may lead to the blocking or removal of one or more of your accounts, unless expressly permitted by the Company.
You also acknowledge and agree that the Company, in its sole discretion, may suspend or terminate your, and refuse any and all current and future, access to or use of your Account at any time without notice to you.
By opening Account, you represent and warrant:
If there is suspicious activity related to your Account, we may, but are not obligated to, request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests or accept termination of your Account.
You are absolutely liable and responsible:
If you violate the foregoing promises and thereby cause any legal consequence and/or if your alleged violation causes any losses to a third party, you shall solely undertake all the legal liabilities in your own name and hold Company harmless from any loss, fine or extra expenses. If, due to any alleged violation Company incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify Company against any losses and expenses caused thereby, including attorney’s fee.
The Client acknowledges and agrees that certain software components such as coding algorithms may be subject to import and export restrictions in certain countries and by accessing the Services through the Internet, it may infringe laws and/or regulations applicable in such countries. The Client undertakes to inform himself and assumes sole liability for risks implied by foreign legislation. Company shall bear no liability whatsoever for the infringement of foreign laws and/or regulations when the Client is using the Services through the Internet.
NOTE: The access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited. You may not be able to use any or all Services if you use or have access to them from countries that we do not support and/or you are on any trade or economic sanctions lists. It is your responsibility to follow all applicable rules and laws in your country of residence and/or country from which you access this Website and Services. The Company reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of Services in certain countries or regions.
During the verification process, the Company will collect personal and financial information. We will collect, use and share such information in accordance with our Privacy Policy (please, read our Privacy Policy). You acknowledge that the Company will perform Know Your Customer (“KYC”) and Anti-money laundering (“AML”) checks procedures on all Clients that establish an Account, as required by Applicable Law, as well as Company’s internal policies and procedures (please, read our AML policy). That means that the Company has certain responsibilities to verify the identity of Clients and may need to make certain enquiries and obtain certain information from you for that purpose. While there is no obligation to provide such details, this may mean that an application is declined
By accepting these Terms, you agree to provide the Company with all information which is necessary to complete verification and compliance processes for AML/KYC purposes. The Company may at any time request you to provide additional documents and information and/or updated documents and/or information and documents submitted before and reserves the right to do so in its sole discretion. We also reserve the right to require certified or notarized copies at your expense. In addition to documentation, we may also choose to verify your identity through a video and/or audio chat and/or call conference.
You also confirm that all information supplied will be accurate and consents to us passing on such information as we consider necessary to comply with our AML/KYC and/or reporting requirements. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. You are obliged to notify the Company immediately if there are changes, mistakes or errors in the information or documents that you provided earlier at support@arbex.com.
You acknowledge and agree that in order to conduct such verification process and/or background checks, in accordance with our KYC procedure and AML policy, we may perform inquiries, directly or indirectly through third party service providers to prevent fraud, suspicious activity, misidentification, money laundering or any other prohibited activity. We reserve the right to take any action we deem necessary with respect to the outcome of such inquiries.
In the event that you fail our internal compliance and AML/KYC reviews for any reason, you may be prevented from using our Services, accessing the Website, and/or we may limit or suspend your use of the Services and/or Website at any time. You understand that the outcome of such AML/KYC reviews, including a decision not to approve you to use our Services, is within the Company’s sole and absolute discretion, and we are under no obligation to provide feedback on the exact nature of our findings.
In the event the Company determines, in its sole discretion, that any activity you perform through our Website is suspicious or related to any prohibited activity, the Company may cancel or suspend your Account and/or access to the Website, block any outstanding Transactions, deny any new Transactions, and/or freeze any funds that may be available to you through our Services. You understand that you shall be held liable for losses incurred by the Company or by any third party due to your non-compliance and/or violation of any of the terms herein or any applicable law. The Company shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other criminal activity, and may also engage collection services to recover payments. You further acknowledge and understand that the Company also has the right to suspend or terminate your for any other reason.
You may terminate your Account at any time by submitting your request to terminate your Account at support@arbex.com. You will be responsible for fulfilling any outstanding payment obligations to the Company existing as of the effective date of termination and to settle any pending Transactions and paying any applicable fees or charges. The Company reserves the right to suspend any pending Transactions at the time of your termination.
The Company shall directly debit fees from your Account on an automatic basis. Fees vary according to the type of transaction performed by the Company. The applicable Fee will be displayed before the transaction execution and will be subjected to your approval.
The Company reserves the right to amend the Fee structure at any time at its sole discretion. We may notify you about any changes in Fee structure by posting a notification on the Website or sending you an e-mail (if appropriate).
NOTE: All Transactions in Virtual Currency are subject to the blockchain commission charged by the appropriate blockchain network and will not be reflected on the transaction screens containing information regarding applicable Fees. You can check the exact amount of blockchain commission charged for the specific transaction by checking the appropriate blockchain explorer
All Fees paid are non-refundable once incurred. All Fees are exclusive of any sales or other applicable taxes, for which you will be responsible.
By using our Services, you acknowledge the finality of all Transactions of Virtual Currency, whether they are completed or pending. Due to the nature of the Virtual Currency transactions, they are non-refundable, irreversible and cannot be changed once submitted. The order to exchange Virtual Currency can be canceled only by the Company in an event of a technical fault of the Arbex Platform.
In respect to the Transactions using Fiat Currency, the Company, in its sole discretion, without any obligation whatsoever, may endeavor to comply with a request from you to cancel a Transaction on your Account. For this purpose, please contact the Company via email at support@arbex.com.
. In the event the Company cancels your Transaction, and if the Company already has received the Fiat Currency from you with regards to the Transaction, the Company will refund such funds to you. Such refund shall be made to the same source from which they have originated, after deduction of any cost or expense the Company incurs with regards to such transfer, including without limitation any wire transfer charges, currency exchange charges and/or payment processing charges. Your funds may, at Company’s sole discretion, be returned to another source to which you are the beneficiary, as long as you provide us with the required documents and information to verify that the account to which the funds were requested to be refunded belongs to you.
The Company reserve the right to carry out any necessary money laundering, terrorism financing, fraud, and/or other illegal activity checks before authorizing any refund of Funds on your Account. In such a case, the Company, at its sole discretion, may request from you to provide certain documents and information, including but not limited to identification documents, copy of your credit card or bank details and/or any other proof required to affect the refund. In case you fail to provide appropriate documents or information, or in case of any doubts as to the authenticity of provided documents and information, the Company shall be entitled to cease the refund procedure until you take appropriate measures, as requested.
Notwithstanding the above, the Company reserves the right to cancel your order without any refund, or decline any refund request, if it suspects that you have or are engaged in, or have in any way been involved in, fraudulent or illegal activity.
You acknowledge that you are solely responsible for any applicable taxes with respect to your Transaction(s) on the Website and/or through the Services. The Company is not and at no point shall provide any tax advice concerning the exchange of Virtual Currency or any other Transaction through this Website and/or the Services. It is your responsibility to report, pay and remit the taxes, as applicable, to the appropriate tax authorities in the relevant jurisdiction(s).
Unless otherwise agreed, the terms of any amounts payable by you under these Terms are stated exclusive of any taxes or mandatory payments. You must pay any such taxes or mandatory payments to the relevant government agency, or otherwise, which may apply under applicable laws, and you agree to fully indemnify us for any such payments we may be required to make on your behalf. You hereby agree and represent that we may debit your Account in the amount of any such payments we are required to make on your behalf.
Unless otherwise indicated by the Company, all copyright and other intellectual property rights in all Content and other materials contained on our Website or provided in connection with the Services, including, without limitation, logos and all designs, text, graphics, pictures, information, data, software, multimedia content and interactive features, other files and the selection and arrangement thereof (collectively, the “Content”) are the proprietary property of Company or our licensors or suppliers and are protected by Applicable Law and international copyright laws and other intellectual property rights laws.
The Client is prohibited from reproducing, reprinting, publishing, modifying, distributing, displaying, transmitting, licensing, transferring or otherwise using the Content, as well as copying or distributing any intellectual property objects located on the Website or in the Arbex platform, except when such a function is directly assumed to be working conditions on the Website or on the Arbex platform.
The Content on the Website is provided for information purposes only, is general in nature and not specific to you and use of the Services is solely at your sole discretion. The Content involves no investment, financial, trading, legal, tax, or any other advice of any kind. The Company is not responsible for any decision made by you that arises from its Content. Company has taken reasonable measures to ensure the accuracy of the information on the Website; however, it does not guarantee accuracy and will not accept liability for any loss or damage which may arise directly or indirectly from the Content or from your inability to access the Website, or for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this Website.
The Website may present links or other forms of reference to other websites (the “External Websites”) or resources over which the Company has no control. The Company makes no representations and takes no responsibility whatsoever regarding any third-party websites, services, or content which you may access through this Website. You acknowledge that the Company may present such links or references to you only as a convenience and that Company does not endorse any of the External Website services or offerings made to you or any content provided therein. The Company is not responsible for the availability of, and content provided on External Websites. You are requested to review the policies posted by the External Websites regarding privacy and other topics before use.
The Company is not responsible for third-party content accessible through the Website, including opinions, advice, statements, prices, activities, and advertisements, and you shall bear all risks associated with the use of such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you access any such External Websites you agree that you do so at your own risk and you agree that we will have no liability arising from your use of or access to any External Websites.
CLIENT HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED IN WRITING BY THE COMPANY, (A) THE USE OF THE SERVICES AND THE WEBSITE IS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AS TO THE SERVICES AND WEBSITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE WEBSITE ARE RELIABLE, CURRENT OR ERROR-FREE, THAT THEY MEET CLIENT’S REQUIREMENTS, OR THAT DEFECTS IN THE SERVICES, SOFTWARE OR WEBSITE WILL BE CORRECTED; AND (C) THE COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND THE CLIENT ACKNOWLEDGES THAT THE USE OF THE SERVICES AND THE WEBSITE ARE AT THE SOLE RISK OF THE CLIENT.
CLIENT ACKNOWLEDGES AND AGREES THAT TO THE EXTENT PERMITTED BY ANY APPLICABLE LAW IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, THE SERVICES AND THE WEBSITE, UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT COMPANY, ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHAT SERVICES OR THE WEBSITE.
THE COMPANY SHALL NOT BE LIABLE FOR ANY EVENTS THAT MAY INCLUDE BUT ARE NOT LIMITED TO CIVIL, CRIMINAL, AND ADMINISTRATIVE ACTIONS THAT MAY ARISE FROM YOU USING BLOCKCHAIN AND VIRTUAL CURRENCY IF SUCH USE IS FORBIDDEN OR OTHERWISE LIMITED IN YOUR COUNTRY.
You agree to defend, indemnify and hold harmless the Company, its affiliates, service providers, and any of their respective employees, officers, directors, agents, joint ventures, and representatives, from any claims, demands, liabilities, damages, or costs (including attorneys’ fees, fines, or penalties) suffered by the Company and arising out of or related to (i) breach by you of the Terms; (ii) your use of the Website or Services or use by any other person accessing the Services using your user identification whether or not with your authorization; or (iii) any violation by you of any law, rule, regulation, or the rights of any third party.
This indemnity shall apply whether or not the Company has been negligent or at fault. This provision shall survive the termination of these Terms.
The Client shall communicate any complaint in writing to the Company at support@arbex.com.
The Company shall investigate any written complaint, if sufficiently documented, and communicate its position to the Client.
Parties shall make every endeavour to amicably resolve any dispute, in good faith and in a constructive manner. The Client acknowledges and agrees that threats and blackmailing towards the Company are prohibited and constitute valid grounds for interrupting negotiations and for immediate termination of any business relationship.
In case the Parties fail to reach an agreement on the dispute within 30 (thirty) calendar days, the dispute shall be submitted to the competent court in the Estonia.
These Terms are construed in accordance with and shall be governed by the laws of the Republic of Estonia
Each party irrevocably agrees that the courts of Estonia shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms, use of the Website, and the Services provided or their subject matter or formation (including non-contractual disputes or claims).
You should carefully consider and evaluate each of the following risk factors and all other information contained in these Terms before using any of the Services.
You may increase or lose value in your assets at any time due to price volatility, especially in the crypto-currency market, and the potential loss in trading or holding Virtual Currencies can be substantial. We do not guarantee that any Virtual Currency will currently or in the future maintain a certain value or market liquidity, and you understand that the current value or price can drop as low as zero at any point. You acknowledge that we also do not guarantee that you will be able to sell the Virtual Currency to the Company, or to any third party
Virtual Currency is based on blockchain technologies, a digital, decentralized and partially anonymous system which relies on peer-to-peer networking and cryptography to maintain its integrity. Such a system, which has been the subject of scrutiny by various regulatory bodies around the world, may be at risk to collapse at any time.
Most countries do not currently regulate the market, and at any time, regulations may be implemented and regulatory changes could have a negative and material impact that may result in the Virtual Currency having little or no value whatsoever. Regulatory inquiries or actions, including, without limitation, the licensing of or restrictions on the use, sale, or possession of digital tokens like the Tokens, could impede, limit or end the Services or your ability to trade the Virtual Currency at any point.
The Company is not responsible or liable for any Virtual Currency once it is transferred from Company’s Website to another site, device, platform or user. It is important for you to take precautions when transferring and storing your Virtual Currency. We take no responsibility for misappropriation or theft of your Virtual Currency. You should familiarize yourself with the security measures available when using a wallet service or other device for storage.
You maintain the responsibility to safeguard the private key unique to your Wallet Address to access your Virtual Currency. The theft, loss or destructions of such a private key required to access your Virtual Currency is irreversible, and because the Company does not have access to those private keys, such private keys cannot be restored by the Company. The Company will not be responsible for any loss of access to your Wallet Address.
Due to the nature of Virtual Currency, any technological difficulties experienced by the Company could potentially prevent the access or use of your Virtual Currency.
You are aware that additional risks of trading Virtual Currency may exist that have not been set forth in these Terms, and you understand that it is your responsibility to carefully assess all the risks and determine whether your financial standing and tolerance for risk are suitable for buying, selling or trading Virtual Currency. You understand that the Company does not provide any investment, legal, or tax advice. At no point will the Company consider your financial situation, investment or trading objectives or other personal circumstances, and it is your responsibility to seek independent, professional advice prior to using the Services and the Website.
The Company may use banks and other third party service providers to receive your Fiat Money and any required payments, or to send payments to you, as applicable.
Certain regulators in certain jurisdictions may view certain types of Virtual Currency as securities, and as such, Clients in these jurisdictions may not have the ability to trade their Virtual Currency because trading of Virtual Currency that is deemed as securities, may be restricted, partially or completely in some jurisdictions. It is your responsibility to ensure your compliance with the applicable laws of your jurisdiction.
Company accepts no responsibility for the accurate maintenance of the Website information, calculation, or valuation. You bear the entire risk of loss, including, but not limited, for data, calculation, and valuation of Virtual Currency and their related transactions.
THE PURCHASE AND SALE OF VIRTUAL CURRENCY IS CONSIDERED A RISKY TRANSACTION WITH HIGHLY SPECULATIVE OUTCOMES. MARKETS FOR VIRTUAL CURRENCY HAVE VARYING DEGREES OF LIQUIDITY. SOME ARE QUITE LIQUID WHILE OTHERS MAY BE THINNER OR ILLIQUID. THE COMPANY DOES NOT GUARANTEE ANY PROFIT FROM TRADING OR ANY OTHER ACTIVITY ASSOCIATED WITH THE WEBSITE. IN LIGHT OF THE RISKS ABOVEMENTIONED, WHICH ARE NOT A COMPREHENSIVE LIST, YOU SHOULD CAREFULLY CONSIDER IF HOLDING OR TRADING VIRTUAL CURRENCY IS SUITABLE FOR YOU DEPENDING ON YOUR FINANCIAL CIRCUMSTANCES. YOU AGREE THAT YOU ARE FREE TO CHOOSE WHETHER TO USE THE SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION, AND RISK.
Status of Parties. Both you and the Company are independent parties, and nothing in these Terms shall be deemed to create between you and the Company any other form of relationship, and the parties shall not be deemed to be partners, joint ventures or agents. You are not authorized to make any obligations on behalf of the Company.
No trustee relationship exists between you and the Company at any time and the Company does not hold any funds deposited by you on trust
Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from the Company, including by operation of law or in connection with any change of control. The Company reserves the right to assign our rights without restriction, including without limitation to any of the Company’s affiliates or subsidiaries, or to any successor in interest of any business associated with the Company’s Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Severability. If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.
Force Majeure. The Company shall not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, pandemic or epidemic, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond Company’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.
English Language Controls. Any translation of the Terms, if provided, is provided for your convenience alone. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
Notices. The Company may inform you of any notifications concerning these Terms and any other agreements, announcements, or any issues regarding your use of the Account or Services of this website through electronic means, such as by e-mail and/or posting on the Website. You agree the notice has been served on the day which this notice is transmitted through electronic means. The Company is not liable for any failure to receive such notice on the day of transmission that results from information transmission or other reasons.
Terms. These Terms shall remain in full force and effect for so long as you access or use the Website or the Services, unless terminated earlier in accordance with these Terms. The Company may terminate these Terms at any time in its sole discretion and without notice and explanations.
If you have any comments, questions, or complaints, please contact us at support@arbex.com.