Platform Terms & Conditions

PLEASE READ CAREFULLY

THESE TERMS AND CONDITIONS APPLY TO THE TRADING PLATFORM (“TRADING PLATFORM“) ON THE WEBSITE WWW.INSTAWALLSTTRADES.COM (“WEBSITE“) AND THE TRADING SERVICES (“SERVICES“) OFFERED THROUGH THE TRADING PLATFORM ON THE WEBSITE. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THE TERMS AND CONDITIONS, YOU SHOULD STOP USING THE TRADING PLATFORM, WEBSITE, AND SERVICES IMMEDIATELY.

1. Acceptance of the Terms and Conditions

1. 1. These Terms and Conditions (these “Terms“) are a binding agreement between Nexus International Marketing Operations Ltd., a company incorporated under the laws of Dominica, Registration No. 2018/IBC 00062, whose address is 11 Copthall, Roseau Valley, 00152, Commonwealth of Dominica (the instaWallstTrades“, “Company“, “us” “our” or “we“) and you, the person who uses the services described herein and/or the Website (the “Client“, “you” “your“ or “yourself“).

2. 2. By your use of the Trading Platform on our Website and/or opening a Classic, Platinum or VIP account to use our Services (the “Account“), you agree to comply with the terms and conditions governing your use of the Trading Platform on our Website. Your use of the Trading Platform, Website, and the Services is governed by these Terms.

3. 3. In addition to the Terms, you should also carefully read our Privacy Policy at our Website (the “Privacy Policy“), which sets out how we collect and use your personal information. The Privacy Policy is an integral part of these Terms and by using the Website and/or opening the Account, you agree to comply with the terms and conditions of the Privacy Policy.

4. 4. The Company shall be entitled to modify, change, or amend the Terms at any time and shall post the amended Terms on the Website, with the date the Terms were last amended. The Company has no obligation to notify you of such amendments and it is your responsibility to check for any such updates from time to time. Your continued use of the Website and/or the Services offered by the Company following the posting of any updates or changes to the Terms indicates your acceptance of any such updates or changes.

5. 5. If you do not agree with any modification to the Terms your sole and exclusive remedy is to terminate your use of the Trading Platform, Website, and the Services, and close your Account.

6. 6. The Website and the copyright in all text, graphics, images, software and any other materials on the Website are owned by the Company, including all Trade Marks (defined below) and other Intellectual Property Rights (defined below) in respect of materials and Services on the Website. All materials posted on the Website, including Intellectual Property Rights and Trade Marks, are for personal use only, and may not be used for any commercial purposes whatsoever.

7. 7. You may display on a computer screen or print extracts from the Website for the purposes set out above provided that you retain any copyright and other proprietary notices or any of the Company’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 the Company’s prior written permission, alter, modify, reproduce, distribute or use in any other commercial context any materials from the Website.

8. 8. You acknowledge that ‘InstaWallstTrades’ is a registered Trade Mark of the Company. You may reproduce such Trade Mark without alteration on material downloaded from the Website to the extent authorized above, but you may not otherwise use, copy, adapt or erase such Trade Mark.

9. 9. You shall not in any circumstance obtain any rights over or in respect of the Website and Services (other than rights to use the Website and Services pursuant to these Terms and any other terms and conditions governing a particular service or section of the Website, including the Trading Platform) or hold yourself out as having any such rights in respect of the Trading Platform, Website or Services.

10. 10. You are not allowed to access or use the Services or the Website 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 any applicable law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services or the Website; or (iv) where the publication or availability of the Services or the Website is prohibited or contrary to local law or regulation, or could subject any member of the Company to any local registration or licensing requirements (together, the “Restricted Jurisdictions“). The Company may, in its sole discretion, implement controls to restrict access to the Services or the Website in any of the Restricted Jurisdictions. If the Company determines that you are accessing the Services or the Website from any Restricted Jurisdiction, or you have given false representations as to your location of incorporation, establishment, citizenship or place of residence, the Company reserves the right to close any of your accounts immediately and liquidate any open positions in your Account.

2. Registration and Your Account

1. 1. In order to use our Services and initiate any Transaction, you must open an Account through our Website and undergo our registration process, including without limitation, our Know-Your-Client process (“KYC“), as shall be further described herein. You will be prompted and required to create a username and password to open your Account on the Website (your “Log-In“) and to proceed with registration. During the registration process, you shall provide us with requested information, which may include, without limitation, your name, identification number, birthdate, e-mail address, postal address, telephone number, and/or credit card information details, as applicable (“Registration Details“). You will use your Log-In to access your Account and Registration Details, as well as to access any other information that may be posted to your Account from time to time, such as transactional activity once you have been approved to use our Services.
   2. You warrant and represent that all Registration Details that you provide to us are true, accurate and complete, and that you shall promptly update your Registration Details upon any changes to this information. You further represent and warrant that any payment method or account which you use to fund your account (e.g. credit/debit card(s), bank details, virtual wallet and/or other payment accounts) belong to you and are in your name.
   3. You further acknowledge and represent to us the following:

1. you are at least 18 years of age and of legal age to enter into a binding agreement in your location;
2. you are of sound mind and capable of taking responsibility for your own actions with the full legal capacity to accept these Terms;
3. the purpose of your Account is for your own personal use;
4. you shall only open one Account with the Website;
5. you shall not assist others in obtaining unauthorized access to the Website, Services and/or your Account or perform any action under your name;
6. you shall not access the account of any other person;
7. you shall be fully responsible for any activities undertaken by you on or through the Website;
8. you are the legal owner (or an appropriately authorized representative of the legal owner) of the funds you add to your Account with the Company and the same funds derive from a legitimate source;
9. your use of the Services does not constitute a breach of any applicable law;
10. you are aware of the risks in using the Services provided by the Company and have the necessary experience and knowledge to understand the risks involved in relation to each Service provided by the Company. These risks include the high volatility risk of the Transactions, and that you may lose all of the funds in your Account if the market moves against you;
11. you acknowledge and agree that the Services should only be used by you if you:

1. have knowledge and experience in highly volatile markets;
2. are trading in Transactions where you can afford to lose; and
3. have a high risk tolerance;

12. you will not be involved or initiate any form of market manipulation, including spoofing orders or otherwise;
13. the information or documents you provide as part of any ID verification or KYC/AML process are correct, genuine and up to date;
14. you are not allowed to access or use the Website or the Services if you are located in, incorporated or otherwise established in, or a citizen or resident of any Restricted Jurisdiction, and that the Company reserves the right to close any of your Accounts immediately and liquidate any open Transactions if you are accessing the Services from any Restricted Jurisdiction or have given false representations as to your location, place of incorporation or establishment, citizenship or place of residence;
15. you have not; (i) violated; (ii) been fined, debarred, sanctioned, the subject of economic sanctions-related restrictions, or otherwise penalised under; (iii) received any oral or written notice from any government concerning actual or possible violation by you under; or (iv) received any other report that you are the subject or target of sanctions, restrictions, penalties, or enforcement action or investigation under, any applicable law (including but not limited to anti-money laundering laws, counterterrorism financing laws, anti-corruption laws or economic sanctions laws); and
16. neither you nor any of your affiliates is: (i) itself, or owned or controlled by, a sanctioned person; (ii) involved in any transaction, transfer, or conduct, whether or not by using or receiving the Services or the Website that is likely to result in you or your affiliates becoming a sanctioned person; or (iii) located in, incorporated or otherwise established in, or a citizen or resident of, a Restricted Jurisdiction.

2. 1. You acknowledge that certain restrictions may apply to the Services 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.

3. 2. You understand that you are solely responsible for maintaining the confidentiality of your Log-In, Account and Registration Details, and the safeguarding of your information. You understand that any compromise of your Log-In, Registration Details, and/or other Account information may expose your personal and confidential information to unauthorized access by third parties, which may also result in loss or theft of your funds, as well as any linked accounts, such as your linked bank accounts and credit cards, for which you will be solely liable and responsible.

4. 3. You are responsible for the security of your Account information on your own personal computer and internet access location. You understand that if your Log-In is “hacked” from your computer or other device from which you access the Website, due to any viruses or malware, the Company shall have no liability and you shall maintain responsibility. You should report any possible hacks, hacking attempts or security breaches from your computer terminal, or other device, immediately to the Company.

5. 4. In the event you have any knowledge of: (a) a third party gaining access to your Log-In and/or Account or other breach of security related to your Log-In and/or Account; (b) compromise of your personal information; and/or (c) any other unauthorized use of your Registered Details on the Website, you should notify us immediately at the contacts provided below, including all relevant details.

6. 5. In the event you create a Log-In, open an Account, and gain access to the Services without our permission, we reserve the right to immediately suspend or terminate your use of the Website as we deem appropriate, as well as suspend or terminate any pending Orders or Transactions. We also reserve the right to seek any other remedy to which the Company may be entitled for such violation, and may take further actions against you.

7. 6. The Company does not guarantee, and has no obligation whatsoever, to provide you with security alerts or any other alert, 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 compromise of your Log-In, Registration Details, or other Account information, other than due to the gross negligence of the Company.

8. 7. You hereby represent and warrant that your use of our Website and Services, including your opening of an Account and any use thereof, are all in compliance with all applicable laws and regulations. Any criminal activity or fraudulent acts committed by you or under your supervision and/or control through your use of the Website and/or our Services are absolutely forbidden. You affirm, warrant, and declare that you shall not perform or attempt to perform any such activity, including but not limited to, fraud, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. You also agree not to hide or alter your IP location and you shall always disclose your accurate and true location.

9. 8. When we open an Account for you we will inform you of the type of Account opened (e.g. Classic, Platinum or VIP). We reserve the right to refuse to open an Account for any reason. Further, we may change the features and criteria of our Accounts at any time by notifying you of the change whether on our Website, via email or otherwise.

3. KYC AML Policy, and Compliance

10. 9. You understand and accept that we may require you to provide certain information and documentation as part of our KYC procedure to verify your Registration Details and confirm your identity and eligibility to use our Services. During this verification process, we may require and request certain documents from you, which may include, without limitation, proof of address, such as a utility bill, proof of your payment method, and a copy of a government issued identity document. We reserve the right to require certified or notarized copies at your expense. You understand and accept that we shall be under no obligation to accept any documents as valid. In addition to documentation, we may also choose to verify your identity through a video and/or audio call conference.

11. 10. Along with the KYC process, we have implemented certain anti-money laundering and counter-terrorism financing policies (the “AML policy“). Money laundering means the disguising of the source of proceeds derived from criminal activity so that it appears as though such proceeds came from legitimate sources of income. In order to prevent any criminals from laundering or attempting to launder criminal proceeds through our Website or Services, the Company has set forth the AML policy, available at the Website. The AML policy comprises of procedures that will help us identify and mitigate the risks of financial crimes, including money laundering and financing of terrorism.

12. 11. You acknowledge 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. You agree and consent to the Company’s transfer of your information as required for its legitimate business purposes, including but not limited to for the completion of any KYC or AML processes. The Company will retain your relevant KYC/AML information for the period necessary to perform the KYC/AML reviews, and as required to comply with the Company’s legal obligations.

13. 12. We reserve the right to take any action we deem necessary with respect to the outcome of our KYC/AML processes. In the event that you fail our reviews for any reason, you may be prevented from or limited in using our Services or accessing the Website, and we may report any indications we may find, together with your personal information, to the competent authorities. You understand that the outcome of such KYC/AML reviews, including a decision not to approve you to use our Services or report to the authorities, 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.

14. 13. We may request you to provide additional KYC information and/or documentation, in our sole discretion. Such requests may be made at any time during our business relationship with you, and we may suspend or restrict you from using any or all of the Services until your provision of required information and/or documentation, to our full satisfaction.

15. 14. You consent to the Company providing certain information and/or documentation about you to third party service providers, including payment processors, as shall be required to provide you with the Services, including for the purpose of conducting any KYC/AML procedures, completing a Transaction with you, or delivering any payments to you.

4. The Trading Services

16. 15. Our Services allow you to enter into transactions with the Company for leveraged Digital Currency trading which give you an opportunity to get exposure to price movement of various underlying assets (the “Underlying Assets“), without purchasing or gaining control in the Underlying Assets.

17. 16. The profit/loss is determined by the changes in the Underlying Asset’s price movements against the Base Currency, between the opening and the closing of a trading order.

18. 17. You can enter into a leveraged Digital Currency transaction with us (the “Transaction“) by placing an order on the Trading Platform (the “Order“). The Order shall state your “position” – “buy” (long) or “sell” (short), the size of the Transaction, the leverage rate, and the Rate (as defined below). By submitting an Order you represent that you have reviewed all the terms of the Order and verify they match your intention. You acknowledge that once an Order is submitted, it may not be cancelled by you. When we receive your Order we will provide you with an electronic acknowledgement of receipt but we will only be bound by an Order when the details of the Order are reported as executed on the Trading Platform.

19. 18. We provide quotes for our Rates on a best efforts basis. If a Market Disruption Event or an Event Outside of Our Control occurs we may not be able to provide a quote for our Rate or execute Transactions during the Market Hours set out on our Website.

20. 19. We may accept Orders by telephone. In the event you place an Order by telephone: (i) your oral instruction will constitute an Order to enter into a Transaction at the Rates we quote; (ii) Orders placed by telephone will only be accepted at the current Rate; (iii) you can place an Order by telephone only by talking directly to an authorized person. We will not accept an Order left with other employees, on an answering machine or on a voice mail facility; and (iv) an Order will only by valid when our authorized person confirms that the Order has been accepted. After we execute the Transaction we will update your Account accordingly.

21. 20. You may place an electronic Order on the Trading Platform at any time or you may place a telephone Order with an authorized dealer during our Trading Hours, as set out on the Website. However, we will execute Transactions only during times which are both our Trading Hours and the Market Hours for the relevant Market. Market Hours are as stated in the Market Information on the Website, which may change from time to time.

22. 21. By placing an Order, you represent that you have fully understood:

1. the risks involved in the Transactions (including but not limited to those detailed in our Risk Disclosure Policy);
2. that by entering into a Transaction you are not gaining any access or right to the Underlying Assets; and
3. that all Transactions are entered into and closed in accordance with the rate as displayed on the Website (the “Rate“), which we determine in our sole discretion. You acknowledge and agree that such Rate does not reflect any ‘market price’ or rates quoted by any third party. The Rate is determined by us in such a way as to include a certain margin between the “Buy” and “Sale” Rates, which constitutes our profit from each Transaction.

23. 22. As soon as reasonably practicable after you placed an Order (which may be instantaneous and may take time, depending on the circumstances), we may make any required checks (including but not limited to internal risk procedures, AML/KYC process and compliance functions) and subject to their satisfactory completion we shall accept your Order and execute it (the “Execution“). Until Execution, any Order by you shall be considered as pending and not completed, and shall not be binding on us in any way whatsoever. Upon the Execution the Transaction shall become binding on both you and us.

24. 23. If we identify any error, including but not limited to in the terms of an offer on the Website, we may refuse to accept your Order, and either close it or give you an offer to enter into a Transaction which reflects the correct terms.
    24. You acknowledge that you may not cancel your Transactions. Once an Order is Executed (and becomes a Transaction), your only way to terminate the Order is by closing it at the closing Rate available at such time. The Company reserves the right to deny processing any Order, or cancel any pending Transaction for any reason whatsoever including, without limiting the generality of the foregoing, as follows: (i) if required to do so by law, regulation, competent court order, or other competent authority; (ii) the Company considers any such Order or Transaction as violating any provision of these Terms or applicable law or regulation; or (iii) any such Transaction places the Company’s operation, good name, or reputation at risk. In addition, the Company may take any additional actions available to it under these Terms or other applicable laws and regulations with respect to such Transaction.

5. Deposits and Withdrawals

25. 1. Deposits. In order to enter into a Transaction, you must first deposit funds into your Account. You can do so in two ways:

1. deposit certain Digital Currencies as we shall decide, in our sole discretion, to accept from time to time, in the way we choose to accept from time to time (the “Eligible Digital Currency“) directly into your Account (“Digital Currency Deposit“); or
2. purchase Eligible Digital Currency from us, using Fiat Currency, which shall be then automatically deposited into your Account (“Fiat Deposit“).

All deposits shall be made in accordance with, and subject to the terms of, our Deposit and Refund Terms available at Annex A attached below and available in our website (“Deposit and Refund Terms“), which constitutes an integral part of these Terms. By making any deposit you accept the terms and conditions of our Deposit Terms.

26. 2. Withdrawals. If you have available funds in your Account, you may make a withdrawal request by following the steps detailed in Annex A. We will process your request and, subject to the funds being available in your Account and your fulfillment with all terms herein, we will transfer the funds to your digital wallet address as instructed by you.

By making a withdrawal request, you represent to us that you are the sole beneficial owner of the digital wallet address you provide.

You shall be solely responsible for providing us with the accurate instructions as to where your withdrawn funds shall be delivered. You acknowledge that if you provide inaccurate instructions, your funds may be irrevocably lost, and we will not be held responsible for such loss.

27. 3. Processing Costs. Every transfer of funds may incur certain fees and costs imposed by third parties (e.g. banks, blockchain, etc.), which shall be incurred entirely by you, and the Company shall not incur any such transfer fees on your behalf, whether upon deposit or withdrawal of funds from your Account.

28. 4. Processing Times. Every transfer of funds may take time to process or complete. We will do our best to complete any deposit or withdrawal in a timely manner, and you acknowledge and agree that the completion of such actions may take time, either caused by external reasons (third party payment processors or the completion of a transaction on the blockchain) or due to our internal procedures meant to keep funds secured (e.g. moving the funds to/from a cold wallet).

29. 5. No Custodial Relationship. Your Account balance represents the funds that you are entitled to receive from us or use for trading. The Company does not hold such funds in custody for you, and it may hold all funds received from you in accounts or e-wallets in Company’s name or in any other name. Company shall have all rights to do with such funds as its own, including to use it for any other purpose, including for hedging and investment purposes. You acknowledge that you will not be entitled to receive any portion of Company’s incomes derived from use of such funds, and you will not be entitled to receive any interest in relation to the funds in your Account.

6. Credit Terms

We may offer you credits (“Credits“) from time to time, in our sole discretion, and depending upon the type of Account which you open on our Website. You may use the Credits for an Order and upon successful execution of any Transaction you may withdraw available funds from your Account in accordance with our Credit Terms and Deposit and Refund Terms set out on our Website. For the avoidance of doubt, Credits cannot be withdrawn from any Account and will not be considered ‘available funds’ for withdrawal in accordance with our Deposit and Refund Terms.

7. Closing Transactions

30. 6. If you have an Account with hedging enabled, you can close an open Transaction by selecting that specific trade and closing it. If you open an opposing Order in the same market for the same quantity, both the original and the opposing Transactions will be displayed as open and you will also see the legally binding net position where those Transactions offset each other.

31. 7. If you have an Account without hedging enabled, you can close an open Transaction either by selecting that Transaction and closing it, or by opening a Transaction in the opposing direction.

32. 8. For some Accounts, if you enter into a closing Transaction in the same Market with a greater quantity but in the same expiry as the open Transaction it offsets, then the original open Transaction will be closed and a new open Transaction will be created for the quantity by which the new Transaction exceeds the original open Transaction.

33. 9. You will usually be able to close an open Transaction during Market Hours. However, we reserve the right to reject any Order in accordance with Section 4.9. As a consequence, you may not be able to close the open Transaction and your losses may be unlimited until such time as you are able to close the open Transaction . Where you inadvertently close an open Transaction and promptly notify us of this error, at your request we may (in certain, exceptional circumstances, acting at our sole discretion and as a gesture of goodwill) allow you to take a new open Transaction equivalent to the terms of the original open Transaction duly closed by you in error, with such new open Transaction being reported to the applicable regulatory authorities as such in the normal course of business.

34. 10. Unless open Transactions are closed in accordance with this Section 6, rolled over in accordance with Section 7, or are terminated, voided or otherwise closed in accordance with these Terms, they will remain open

35. 11. Where we exercise our rights in accordance with these Terms to close any of your open Transactions, we will, subject to any obligations that we may have under applicable laws and regulations, do so at a time and date determined by us in our reasonable discretion.

8. Rollover

36. 12. We may allow open Transaction to be rolled in accordance with your instructions.

37. 13. If we agree to roll over an open Transaction, then the original open Transaction is closed and becomes due for settlement at the Rate at the time the open Transaction is closed and a new Order will be entered into to establish a new open Transaction in the relevant Market. The times at which we will close open Transactions which are rolled over are stated in the Market Information on our Website.

38. Overnight Financing
    4. When trading leveraged Digital Currency, your open Transactions are subject to Overnight Financing at the end of each trading day. This Overnight Financing may be subject to credit or debit, calculated on the basis of the relevant interest rates for the currencies in which the underlying instrument is traded, plus a mark-up. The mark-up for currency pairs is indicated in the Market Information page set out on the Website, excluding exotic currency pairs, which may necessitate higher mark-up levels that may differ between buy (long) and sell (short) positions.

39. 5. If the calculated Overnight Financing Percentage is positive, it means that an applicable amount will be added (credited) to your Account balance. A negative Overnight Financing Percentage means that an applicable amount will be subtracted (debited) from your Account balance.

40. 6. You can find the relevant Overnight Financing percentage, amounts and their related running times on the Order form, under Tools, within the Market Information tab. To calculate the Overnight Financing, which your Account will be debited or credited with, simply multiply the Overnight Financing percentage with the size of your Order. The running time of the Overnight Financing process for each order is detailed in the Order form under “Overnight Financing (GMT)”. The calculated value and percentage of an instrument’s Overnight Financing applies for one (1) day. Trades that are traded five (5) days a week will be credited or debited with a value 3 times the displayed value during the last day of its underlying asset trading week, as it covers the entire weekend period. The Overnight Financing amount will be converted into the Account’s Digital Currency.

10. Margin Amount

41. 7. Before you place an Order which creates an open Transaction you must ensure that your Account balance is sufficient to cover the required amount of funds in respect of that open Transaction (the “Margin Amount“). If your Account balance is less than the Margin Amount required for the open Transaction you wish to create, we may (and will, where and to the extent this is required by applicable laws and regulations) reject your Transaction. The Margin Amount must be maintained at all times until the open Transaction is closed and may increase or decrease at any time until the open Transaction is closed.

42. 8. The applicable Margin Amount for an open Transaction may vary depending on the Underlying Asset and your Account categorization. You will find details of the applicable Margin Amount on our Website.

43. 9. Non-standard Margin Amounts may apply: (i) for certain Markets derived from options or options related financial instruments; (ii) when you are holding positions in two or more Markets in the same Underlying Assets; and (iii) when the quantity of a Transaction is greater than our maximum quantity. The details of how we calculate non-standard Margin Amounts are set out on our Website.

44. 10. We reserve the right to change the way in which we calculate Margin Amounts at any time.

45. 11. We may notify you of an alteration to the Margin Amount by any of the following means: regular mail, telephone, fax, email, text message or by posting notice of the increase on our Website.

46. 12. Your Total Margin will be the aggregate of all Margin Amounts in your Account. We may set a maximum figure for your Total Margin which will act as a limit on the amount of funds we hold as the Margin Amount. If we set a maximum Total Margin we will inform you.

11. Closing Margin Requirement

47. 13. If the Total Margin for your Account reaches or falls below the Closing Margin Requirement, this will be classified as a Termination Event under Section 20.1. In such circumstances we may (and will, where and to the extent this is required by applicable laws and regulations) close all or any of your open Transactions immediately with or without notice. In addition we may, among other things, refuse to execute new Transactions until your Total Margin exceeds the Closing Margin Requirement. It is your responsibility to monitor your Account at all times and to maintain your Total Margin above the Closing Margin Requirement. We will close your open Transactions at the Rate prevailing at the time when your open Transactions are closed.

48. 14. We may but are not obliged to contact you before we take any action under Section‎11.1.

49. 15. You will be notified of the Closing Margin Requirement applicable to your Account on our Website. We may alter the Closing Margin Requirement applicable to your Account at any time, including where this is required to comply with applicable laws and regulations.

50. 16. We will be entitled to notify you of an alteration to your Closing Margin Requirement by any of the following means: regular mail, telephone, fax, email, text message or by posting notice of the alteration on our Website.

51. 17. The Closing Margin Requirement is designed to help limit the extent of your trading losses. There might be circumstances (e.g. suspended markets) in which we will be unable to close out open Transactions and we do not guarantee that your open Transactions will be closed when the Total Margin for your Account reaches the Closing Margin Requirement or, save to the extent required by applicable laws and regulations, that your losses will be limited to the amount of funds you have transferred into your Account. In such circumstances we will monitor your open Transactions and take such other actions as we consider to be reasonable.

12. Fees

We may charge you, and you hereby explicitly direct us to charge you, inter alia with the following fees:

52. 18. Deposit Fee. Every successful deposit shall incur a deposit fee of a percentage of the deposit amount, to be set out in our Fees policy.

53. 19. Withdrawal Fee. Every withdrawal successfully processed by us shall incur a withdrawal fee of a percentage of the withdrawal amount, in the same currency as is withdrawn from your Account, to be set out in our Fees policy.

54. 20. Inactive Fee. If any Digital Currencies are deposited in an Account and are notused and/or remain inactive for a period of not less than six (6) calendar months from the date of deposit, an Inactive Fee shall be payable to the Company on a monthly basis as set out in our Fees policy.

55. 21. Service Fees. For the use of the Services, the fees will be payable by you to the Company and are set out in our Fees policy.

13. Conversion Rates

56. 22. Any conversion between a Digital Currency and another Digital Currency or Fiat Currency shall be made by us in accordance with the rates and prices applicable at the actual time of conversion. Applicable rates are indexed to those used by industry leading platforms, as we may choose to use from time to time, in our sole discretion. We may change the sources we use for the rates at any time and without giving prior notice or updating these Terms, and you shall not have any claims regarding our choice of rate sources or rates made available by any third party.

14. Suspension or Termination of Your Account

57. 23. 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, or that you have violated any provision of these Terms, 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 Account for any other reason.

58. 24. You may terminate your Account at any time by submitting your written request to terminate your Account in accordance with one of the contact options below. 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 to pay any applicable fees or charges. The Company reserves the right to suspend or terminate any pending Transactions upon receipt of your termination request in writing.

15. Taxes

59. 25. 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, including without limiting the generality of the foregoing, value added tax payable in any jurisdiction. The Company does not and shall not provide any tax advice concerning the Services, or otherwise. It is your responsibility to report, pay and remit the taxes, as applicable, to the appropriate tax authorities in your relevant jurisdiction(s).

60. 26. 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 agencies, in accordance with 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.

16. Chargebacks, Excess Payments, Set Off, Binding Calculations

61. 27. Chargebacks. You agree that you will not make or attempt to make any chargebacks, and/or deny or reverse any payment that you have made. You hereby agree that you will reimburse us for any chargebacks, denial or reversal of your payments and any loss suffered by us as a consequence of this, including but not limited to costs of any dispute in connection therewith. In any event that you do initiate any chargeback, denial or reversal of payment, we reserve the right to cease to provide the Services, terminate the Terms, withhold payments to you, and take any further action which we may see as appropriate.

62. 28. Excess Payments and/or Delivery. In the event we transfer to you, for any reason whatsoever, any excess Digital Currency, you agree that you will repay any excess amount to us and/or we may deduct such amount from any Digital Currency which we owe you.
    29. Set Off. You also agree that the Company may, at any time, set off any amount owed by us to you against any amount owed by you to us.

63. 25. Binding Calculations. All calculations performed by or on behalf of the Company in relation to this Agreement or the Transactions shall be deemed to be final, correct, and binding upon the Account holder.

17. Intellectual Property; Website Technology

64. 26. The brand names relating to the Website and any other trademarks, service marks and/or trade names used by us either on our own behalf, or on behalf of our licensors, affiliates and partners (collectively, our “Partners“), are owned by us, or our Partners (the “Trade Marks“). In addition to the Intellectual Property Rights (“IPR“) in the Trade Marks, we and/or our Partners own the IPR in all other content of the Website (the “Content“). By using the Website and/or the Services, you shall not obtain any rights in the Trade Marks or the Content and you may only use the Trade Marks and Content in accordance with these Terms.

65. 27. For the purposes of these Terms, “Intellectual Property Rights” or “IPR” shall mean pending or granted patents, trademarks, service marks, trade names, registered and unregistered designs, trade or business names, copyright (including, but not limited to, rights in software), and any applications for any of the aforesaid, database rights, design rights, know-how, trade secrets, rights in confidential information and any other intellectual property rights whatsoever irrespective of whether such intellectual property rights have been registered or not which may subsist in any part of the world.

66. 28. You hereby undertake not to: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (b) sell, assign, sublicense, transfer, distribute or lease the Software; (c) make the Software available to any third party through a computer network or otherwise; or (d) use the Website or any related software in a manner prohibited by any laws or regulations which apply to the use of the Website (collectively, and individually, the “Prohibited Actions“).

67. 29. You shall be held liable for any loss, including direct and indirect damages, costs or expenses, we may suffer as a result of your Prohibited Actions. You agree to immediately notify us if you commit any Prohibited Actions or if you have knowledge of any third party committing any Prohibited Actions. You agree to provide us with reasonable assistance with any inquiry or investigation we may conduct as a result of the information provided by you in in regards to the Prohibited Actions set out above.

68. 30. You hereby acknowledge and agree to bear the risk that any use of the internet may be subject to a virus attack and/or communication failure. You should use a reputable and available virus screening and prevention software at all times. The Company shall not bear any liability whatsoever for any damage or interruptions caused by computer viruses, spyware, Trojan horses, worms or other malware that may affect your systems, computer or other equipment, or any phishing, spoofing or other virus attacks. The Company cautions you to carefully review any electronic messages purporting to originate from the Company, and to be aware that electronic devices are vulnerable to phishing and spoofing scams and additional viruses. The Company advises you to always provide your Log In through the Website only and avoid using unauthentic communications advising you of other options to provide your Log In (or other Registration Details) to gain access to the Services offered through the Website.

18. External Websites and Third Party Software

69. 31. 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. The Website may present links or other forms of reference to other websites (the “External Websites“) or resources over which Company has no control. 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 the content provided on, any 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.

70. 32. The Services may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Software“). Your right to use such Third Party Software as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Software, contained therein or related thereto, which shall be provided to you in advance prior to using such Third Party Software. Subject to the foregoing, if there is a conflict between the licensing terms of such Third Party Software and these Terms, the licensing terms of the Third Party Software shall prevail only in connection with the related Third Party Software. Client acknowledges and agrees that the Company is not the author, owner or licensor of any Third Party Software, and that the Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of any Third Party Software.

19. No Warranty

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, OR THAT THEY MEET CLIENT’S REQUIREMENTS, OR THAT DEFECTS IN THE SERVICES 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.

20. Limitation of Liability

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 (COLLECTIVELY, “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), OR BREACH OF CONFIDENTIALITY, AND THAT COMPANY, AND/OR ITS REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, GOODWILL, REVENUE, BUSINESS OPPORTUNITY OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF THE SERVICES OR THE WEBSITE.

WITHOUT DEROGATING FROM ANY OTHER PROVISION IN THE TERMS, IN NO EVENT SHALL OUR LIABILITY TO YOU IN CONTRACT, TORT OR OTHERWISE EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES RECEIVED BY US FROM YOU IN ANY SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING ANY INCIDENT WHICH MAY GIVE RISE TO ANY CLAIM BY YOU.

21. Indemnification

You agree to defend, indemnify and hold harmless the Company and its Representatives, immediately on demand from and against any claims, demands, liabilities, damages, or costs (including attorneys’ fees, fines, or penalties) suffered or which may be suffered by the Company and arising out of or related to: (i) any breach or alleged 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.

22. Risk Factors

We do not provide any advice, and do not consider your individual needs and goals. You should carefully consider whether trading with us, trading in Digital Currency and trading on a leveraged basis are suitable for you. If you don’t understand, or can not afford to take, all the risks involved, you should not trade with us.

Below are some of the risks involved in your trading with us. 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:

71. 33. Leverage Risk. Trading on a leveraged basis carries a high level of risk and may not be suitable for all investors. Trading in leveraged financial instruments can work in your favor, as well as against you, and may cause fast losses, of up to your entire investment amount, therefore you should not invest funds which you cannot afford to lose, such as, retirement savings, loans, mortgages, emergency funds, funds set aside for purposes such as education or home ownership, or fund required for currency income or present and future medical expenses.

72. 34. Counterparty Risk. The Company operates as a counterparty for your transactions and therefore is the seller when you are buying, and the buyer when you sell and therefore the company may be in conflict of interest with you. When trading with us, you are trading with the Company as the counterparty to each Transaction. By using our Services, you are exposed to the risk of us not being able to repay our obligations. Any debt or obligation to you may not be secured in the event the Company becomes insolvent.

73. 35. Volatility Risk. Digital Currencies are very volatile in nature, and the potential loss in trading or holding Digital Currencies can be substantial. We do not guarantee that any Digital 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 Digital Currency to the Company, or to any third party.

74. 36. Technological Risk. Digital 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. Due to the nature of Digital Currency, any technological difficulties could potentially prevent the access or use of your Digital Currency.

75. 37. Regulatory Risk. 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 Digital 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 Currency, could impede, limit or end the Services or your ability to trade the Digital Currency at any point.

76. 38. Encryption Risk. You maintain the responsibility to safeguard the private key unique to your digital wallet address to access your Digital Currency. The theft, loss or destruction of such a private key required to access your Digital Currency is irreversible, and because the Company does not have access to any private keys, such private keys cannot be restored by the Company. The Company will not be responsible for any loss of access to your digital wallet address.

77. 39. Additional Risks. You are aware that additional risks of trading Digital 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 Digital Currency. You understand that the Company does not provide any investment, legal, or tax advice and you must not consider the information contained in the Website as a substitute for professional 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.

78. 40. Digital Currency Trading Risk. TRADING IN DIGITAL CURRENCY IS CONSIDERED A RISKY TRANSACTION WITH HIGHLY SPECULATIVE OUTCOMES. MARKETS FOR DIGITAL CURRENCY HAVE VARYING DEGREES OF LIQUIDITY. SOME ARE QUITE LIQUID WHILE OTHERS MAY BE THINNER OR NON-LIQUID. THE COMPANY DOES NOT GUARANTEE ANY PROFIT FROM TRADING OR ANY OTHER ACTIVITY ASSOCIATED WITH THE WEBSITE. IN LIGHT OF THE ABOVE RISKS , WHICH ARE NOT A COMPREHENSIVE LIST, YOU SHOULD CAREFULLY CONSIDER IF HOLDING OR TRADING DIGITAL 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.

23. Termination and Remedies for Breach; Disclosure of Information

79. 41. The Company reserves the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation, the right to restrict, suspend or terminate your Account and/or these Terms or deny you access to the Website, without notice (“Termination Event“).

80. 42. The Client acknowledges and consents to the disclosure of information or data related to its use of the Trading Platform to the Company and/or its licensors as may be needed for: (i) the provision of the Trading Platform to the Client; or (ii) to be in compliance with any applicable laws or regulations; or (iii) for the provision of customer support; or (iv) to prevent and deal with fraud and security matters, and/or to protect Company and/or its licensor’s rights in the Trading Platform.

24. Events Outside Our Control and Market Disruption Events

81. 43. We may determine that a situation or an exceptional market condition exists which constitutes an Event Outside Our Control and/or a Market Disruption Event.

82. 44. If we determine that an Event Outside Our Control or Market Disruption Event has occurred we may take any of the steps referred to in Section 20.3 below with immediate effect. We will take reasonable steps to notify you of any action we take before we take any action to the extent practicable. If it is not practicable to give you prior notice, we will notify you at the time or promptly after taking any such action.

83. 45. If we determine that an Event Outside Our Control and/or a Market Disruption Event has occurred, we may, where and to the extent permitted under applicable laws and regulations, take one or more of the following steps: (i) cease or suspend trading and/or refuse to enter into any Transactions or accept any Orders; (ii) alter our normal trading times for all or any Markets; (iii) change our Rates and/or minimum or maximum quantities for our Orders; (iv) close any open Transactions, cancel and/or fill any Orders, and/or make adjustments to the price and/or limit the quantity of any Transactions and Orders; (v) change the Margin Factors and/or Margin Multipliers in relation to both open Transactions and new Orders; (vi) change the Margin Close Out Level applicable to your Account; (vii) immediately require payments of any amounts you owe us, including in respect of any Margin Requirement or, if applicable, any regulatory requirement; (viii) void or roll over any open Transactions; (ix) restrict your Account so that you may only place Orders to close your open Transactions and not create new open Transactions; and/or (x) take or omit to take all such other actions as we consider to be reasonable in the circumstances to protect ourselves and our clients as a whole.

84. 46. In some cases we may be unable, after using reasonable efforts, to acquire, establish, re-establish, substitute, maintain, unwind or dispose of any Underlying Asset(s) we consider necessary to hedge or protect our exposure to the market and other risks arising from an open Transaction. When this occurs we may close that open Transaction at our prevailing Rate.

85. 47. We will not be liable to you for any loss or damage arising under this Section 20, provided we act reasonably.

25. Miscellaneous

86. 48. Entire Agreement. These Terms comprise the entire understanding and agreements between you and the Company as to the subject matter hereof, and supersede any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), and every nature between you and the Company.

87. 49. 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, employer/employee or agents. You are not authorized to make any obligations or representations of any nature whatsoever on behalf of the Company.

88. 50. Assignment. You may not assign any rights and/or licenses granted under these Terms, including without limitation, the right to use the Account which is exclusively for your personal use. The Company reserves the right to assign its rights without restriction, including without limitation to any Company affiliates or subsidiaries, or to any successor in interest of any business associated with the Company 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.

89. 51. 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.

90. 52. Survival. All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms, including, without limitation, sections pertaining to suspension or termination, Company Account cancellation, debts owed to the Company, general use of the Company Website, disputes with Company, and general provisions shall survive any expiration or termination of the Terms.

91. 53. Force Majeure. 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 labor dispute, fire, 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.

92. 54. English Language Controls. The English language shall control the performance, implementation and interpretation of this Agreement. 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.

93. 55. Waivers. Any failure or delay by the Company to enforce any of the Terms or exercise any right under the Terms will not be construed as a waiver to any extent of its rights. Any waiver in respect of any rightin respect of any breach shall not be considered to be a waiver in respect of any other or subsequent breach.

94. 56. Confidentiality. If in the course of using the Services you receive any confidential information, you are obligated to keep such confidential information in strict confidence and use it in connection with the Services only. You may not disclose such confidential information without the Company’s prior written consent. Upon termination of the Terms, or upon request, you are obligated to immediately return to the Company or destroy, any such confidential information that you received from the Company. Confidential information shall include matters related to any arbitration or related judicial proceedings, if any, to the greatest extent practicable.

95. 57. The Financial Commission. The Company is a member of the The Financial Commission (www.financialcommission.org) (the “Commission”) – an independent dispute resolution organization. All Clients are entitled to file a complaint with Commission to resolve a dispute that arises if this complaint cannot be resolved through the Company’s internal dispute resolution process.

96. 58. Governing Law. The Terms and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of England and Wales and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of London, England to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, the Terms or otherwise arising in connection with the Terms.

Annex A

Deposit and Refund Terms

1. Introduction

These Deposit and Refund Terms govern all deposits of funds into your Account with ‘InstaWallstTrades’ (in this Policy, “us” or “we”). These Deposit and Refund Terms set out how you can deposit funds into your Account and the payment methods which we accept for such deposits.

We recommend that you deposit funds according to your trading needs and objectives and your financial capabilities and considering the risks involved in leveraged Digital Currency trading as described in detail in our Risk Disclosure policy available on our website.

In case you require more information on the different deposit methods, feel free to contact us or get in touch with our Support Team at cs@instawallsttrades.com.

These Deposit and Refund Terms constitute an integral part of the Terms and Conditions. All capitalized terms not otherwise defined herein shall have the meaning assigned to them in our Terms and Conditions.

You accept that the funds shall be deposited in your trading account only if we are satisfied that the sender of the funds is actually you or your authorized representative (unless legally consented inter alia, Trustee, POA or guardian). If we are not satisfied as to the above then we have the right to reject the deposited funds and return them to the remitter net of any transfer fees or other charges incurred by us, using the same transfer method as the one through which we originally received the funds.

Unless said otherwise, the interest derived from the bank account of your funds shall not be paid to you and it can be used by us for our own account. You are informed accordingly as evidenced by your signature or other equivalent acceptance alternative mechanism.

2. Digital Currency Deposits

3. 1. You can deposit Eligible Digital Currency into your Account by delivery to the wallet address provided on the ‘deposit’ page on the Website. Once your transaction is completed and verified on the blockchain, we will process the deposit and credit your Account with the corresponding amount of Digital Currency actually received by us.
   2. When making a Digital Currency deposit, please make sure you send funds to the correct electronic wallet (“e-wallet”) address we provide to you. You shall be solely responsible for any mistake in the e-wallet address, and you acknowledge that should you send funds to a wrong e-wallet address such funds may be irrevocably lost, and we will not be held responsible or incur any liability whatsoever for such loss of funds.

4. Fiat Deposits

5. 3. By depositing Fiat Currency, you are essentially purchasing Digital Currency from us (the “Purchase), which will in turn be credited into your Account.
   4. Any Purchase will be completed in accordance with the exchange rates determined by us, as shall appear on the ‘deposit’ page on the Website from time to time (the “Exchange Rate”). You acknowledge and agree that the Exchange Rates do not accurately reflect any rate or price quoted by any third party, but rather represent the exchange rates which we decide to offer, in our sole discretion.
   5. The Exchange Rate is only accurate for each moment of display; therefore, the Exchange Rate that appears on the Website upon your initiation of the deposit may not reflect the final rate applied to your Purchase. The final rate which will apply to your Purchase (the “Final Rate”) will be the Exchange Rate available on the Website upon Execution of your Purchase. “Execution” means our act of converting the Fiat Currency received from you into Digital Currency, which will take place shortly after our actual receipt of Fiat Currency from you.

Based on your choice of payment method, the actual receipt of Fiat Currency shall mean:

1. For payments made using credit or debit cards – the time that we receive confirmation of payment from the relevant credit/debit card company;
2. For payments made using bank or wire transfers – the time that the funds are actually credited into our bank account; and/or
3. For payments made using e-money/e-wallet services – the time that the funds are actually credited into our relevant account.

6. 1. By making any Purchase you understand and agree that the Final Rate may be higher or lower than the Exchange Rate displayed on the Website when you initiate your Purchase.
   2. We may support, from time to time and in our sole discretion, various payment methods and accept various types of Fiat Currencies for Purchases, but we will not be obliged to continue doing so, and we may change our list of methods or currencies at any time and without notice.
   3. We may suspend or postpone the Execution of your Purchase for various reasons, including, but not limited to, your failure to satisfactorily complete our KYC process, our suspicion of any fraud, misconduct or illegal activity on your behalf, as required by our internal risk handling policy. Any Purchase order shall be considered pending and not binding upon us until Execution.

7. Deposit Limits

8. 6. We may impose, from time to time and in our sole discretion, certain deposit limits (both minimal and maximal) on the funds you can deposit into your Account, cumulatively or in each transaction, with or without regard to your payment method. We may impose, change or remove such deposit limits at any time and without notice.
   7. If our deposit limits prevent you from depositing the amounts you wish to deposit, please contact our Support Team at the email stated above and we will try and assist you in finding a suitable solution.

9. Your Representations

By making any deposit, you represent and warrant to us that:

10. 8. You have carefully followed the instructions provided on our ‘deposit’ page, and checked for any mistakes in the payment details you inserted;
    9. You are the sole beneficial owner of the digital wallet or account from which funds are transferred into your Account;
    10. You have read and understood these Deposit and Refund Terms and our Terms and Conditions, and agree to be bound by them;
    11. You have read and understood our Risk Disclosure policy, you understand the risks involved in trading with us, and you are able to bear such risks;
    12. Your use of our services is compliant with all applicable laws and regulations; and
    13. All information you have provided, and will provide to us, is correct, complete and not misleading.

11. Cancellations

12. 14. ALL DEPOSITS ARE FINAL, AND MAY NOT BE CANCELLED BY YOU.
    15. YOU UNDERTAKE NOT TO MAKE OR ATTEMPT TO INITIATE CHARGEBACKS AND/OR DENY OR REVERSE ANY PAYMENT OR DEPOSIT THAT YOU HAVE MADE.
    16. Should you attempt any of the above cancellation methods, or in any other way try to interfere with any payment to us, we reserve the right to cease to provide the services to you, terminate your Account, and take any further action we may deem appropriate, including the right to adjust the Account records accordingly to reflect a deduction from the deposit section to set-off any loss suffered due to your chargeback or reversal of any deposit(s).
    17. We may cancel your deposit for reasons which include, but are not limited to, technical error, or your failure to pass our KYC process. Any refunds shall be at our discretion.

13. Withdrawals

14. 18. If you have available funds in your Account, you may make a withdrawal request by following the steps detailed in our “withdrawal” page available at the platform. We will process your request and, subject to the funds being available in your Account and your fulfillment with all terms herein, we will transfer the funds to your digital wallet address as instructed by you.
    19. By making a withdrawal request, you represent to us that you are the sole beneficial owner of the digital wallet address you provide. we reserve the right to request additional information and/or documentation to satisfy us that the request is legitimate. In addition, we reserve the right to reject such a request if it deems that this may not be legitimate. You accept that under such circumstances there may be a delay in processing the request.
    20. You shall be solely responsible for providing us with the accurate instructions as to where your withdrawn funds shall be delivered. You acknowledge that if you provide inaccurate instructions, your funds may be irrevocably lost, and we will not be held responsible for such loss.

15. Processing Costs. Every transfer of funds may incur certain fees and costs imposed by third parties (e.g. banks, blockchain, etc.), which shall be incurred entirely by you, and we shall not incur any such transfer fees on your behalf, whether upon deposit or withdrawal of funds from your Account.

16. ProcessingTimes. Every transfer of funds may take time to process or complete. We will do our best to complete any deposit or withdrawal in a timely manner, and you acknowledge and agree that the completion of such actions may take time, either caused by external reasons (third party payment processors or the completion of a transaction on the blockchain) or due to our internal procedures meant to keep funds secured (e.g. moving the funds to/from a cold wallet).

17. No Custodial Relationship. Your Account balance represents the funds that you are entitled to receive from us or use for trading. We do not hold such funds in custody for you, and it may hold all funds received from you in accounts or e-wallets in our name or in any other name. We shall have all rights to do with such funds as our own, including to use it for any other purpose, including for hedging and investment purposes. You acknowledge that you will not be entitled to receive any portion of our incomes derived from use of such funds, and you will not be entitled to receive any interest in relation to the funds in your Account.