This is an agreement between FMFW Ltd (referred to herein as "FMFW", "we", "us", or "our") and you (hereinafter referred to as "you" or "your") (together with FMFW, the "Parties" and each a "Party"). By using any FMFW service, whether through https://fmfw.io (the "Site"), any associated API, or mobile applications (collectively referred to herein as the "Service/s"), you agree that you have read, understood, and accept all of the terms and conditions contained herein (the "User Agreement"), as well as our Privacy Policy available at https://fmfw.io/privacy-policy, Cookie Policy, available at https://fmfw.io/cookie-policy, and Trading Code of Conduct, located at https://fmfw.io/trading-code-of-conduct.
Please read the terms carefully as they govern your use of the Services. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. IF WE CANNOT RESOLVE A DISPUTE THROUGH OUR SUPPORT TEAM, ALL DISPUTES ARISING UNDER THIS USER AGREEMENT SHALL BE SETTLED IN BINDING ARBITRATION AS SET FORTH IN SECTION 11. ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.
BY MAKING USE OF THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF THE SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) FMFW SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
"API" means application programming interface, is not a Service and is governed by a separate agreement.
"Compliance Program" means the requirements set by FMFW for collecting, verifying, recording and reporting information about you, upon first accessing certain Services and on an ongoing basis, whether for our business risk-management purposes or to comply with legal requirements applicable to us.
"Fork" means a change to the underlying protocol of a Virtual Currency network that results in more than one version of a Virtual Currency, the result of which may be one or more versions that are not supported by FMFW.
The "FMFW.io Exchange" means the electronic trade execution system provided by FMFW that is used for trading Virtual Currency on the terms set forth in Section 5.
"Users" refer to all individuals, institutions or organizations that access, download or use FMFW or the FMFW and who meet the criteria and conditions stipulated by FMFW. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
"User Account" means an account kept by FMFW for the FMFW.io Exchange.
"Virtual Currency" means a cryptocurrency, digital currency, digital asset, crypto-asset or other such similar term describing, for example, Bitcoin Cash or Ether but does not include a derivative of a virtual currency, or a security, as defined under applicable law.
This User Agreement constitutes a legal agreement and creates a binding contract between you and FMFW.
2.1 Eligibility. By using our Services and entering into this User Agreement, you affirm that:
2.1.1 you are an individual, at least 18 years of age or older, have the capacity to enter into this User Agreement and agree to be legally bound by the terms and conditions of this User Agreement, including the Cookie Policy, the Privacy Policy and the Trading Code of Conduct, as incorporated herein, as amended from time to time;
2.1.2 you have not previously been suspended or removed from our Services;
2.1.3 you have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
2.1.4 you are using our Services with your own email and for your own benefit and do not act on behalf and/or to the interest of any other person;
2.1.5 You will not use our Services or will immediately cease using our services if you are a resident or become a resident at any time of the state or region (in accordance with such state or region definition of residency), where the crypto assets transactions you are going to execute are prohibited or require special approval, permit and/or authorization of any kind, which FMFW has not obtained in this state or region. Notwithstanding the above, you are not in any case allowed to access and use our Services if you are located, incorporated or otherwise established, or a citizen or resident of: (i) the United States of America; (ii) Iran, (iii) North Korea, (iv) Sudan, (v) Crimea and Sevastopol; (vi) Nicaragua, (vii) Syria, (viii) Ghana, (ix) Democratic Republic of Congo, (x) China, (xi) Cambodia, (xii) Myanmar, (xiii) Libya, (xiv) Iraq, (xv) Guinea Bissau, (xvi) Lebanon, (xvii) Somalia, (xviii) Yemen, (xix) Afghanistan, (xx) Venezuela, (xxi) Burundi, (xxii) Zimbabwe, (xxiii) Haiti, (xxiv) Central African Republic, and (xxvii) any state, country or other jurisdiction that is embargoed by the United States of America, (xxviii) Uzbekistan, (xxix) Bahamas, (xxx) a jurisdiction where the local Applicable Law prohibits or will prohibit you at any time (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services (hereinafter, together the "Restricted Jurisdictions"). "Applicable Law" refers to all applicable laws of any governmental authority, including, without limitation, federal, state and foreign securities laws, tax laws, tariff and trade laws, ordinances, judgments, decrees, injunctions, writs and orders or like actions of any governmental authority and rules, regulations, orders, interpretations, licenses, and permits of any federal, regional, state, county, municipal or other governmental authority. FMFW 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;
2.1.6Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. We do not offer derivative or other similar products to citizens of the following countries: (i) Australia, (ii) Germany, (iii) Hong Kong, (iv) Italy, (v) Japan, (vi) the Netherlands, (vii) Ontario (Canada Region), and (viii) the United Kingdom, (viiii) Canada.
2.2. FMFW reserves the right to close any of your accounts, to liquidate any open trade positions, and to force you to withdraw crypto assets held with FMFW if: (i) FMFW determines that you are accessing the Services from any Restricted Jurisdiction, or (ii) you have given false representations as to your location of incorporation, establishment, citizenship or place of residence.
2.3 Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. FMFW reserves the right to change, modify or impose additional restrictions at its discretion at any time.
2.4 Modification.
2.4.1 We may change the terms of this User Agreement at any time. Any such changes shall take effect when posted on the Site, and when you next use the Services. If you disagree with any changes to this User Agreement, you must stop using our Services immediately. You may contact us.
2.4.2 Your continued use of the Services shall signify your acceptance to be bound by the current User Agreement. Our failure or delay in enforcing or partially enforcing any provision of this User Agreement shall not be construed as a waiver of any of our rights.
2.4.3 You are recommended to frequently review these terms to ensure your understanding of the terms and conditions that apply to your access to and use of the Services.
Your relationship with FMFW and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction ("Applicable Law"). By entering into this User Agreement, you agree to act in compliance with and be legally bound to any and all Applicable Law.
4.1. Limited License. We grant you a limited, nonexclusive, non-transferable license to access and use the Services and the Site solely in accordance with the terms of this Agreement.
4.2 Credentials. You must keep secret all credentials associated with the Services. You are solely responsible for managing and maintaining the security of any information relating to such credentials and agree that FMFW shall not be held responsible (and you shall not hold us responsible) for any unauthorized access to the Services or any resulting harm you may suffer.
4.3 Compliance. Your access to one or more Services may be contingent upon satisfaction of our onboarding processes as well as our Compliance Program, which may include verification of your identity and source of funds, and additional information we may request from time-to-time. The information we request may include, without limitation, personally identifiable information such as network address, name, email, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. In providing this information to us you represent that it is accurate and agree to update your User Account information promptly, but in no event later than 14 days following any change in your information. Failure to provide information or update it promptly may result in Services or funds being unavailable to you.
4.4 Communications. Any and all communications from FMFW may be provided to you via electronic mail at the address you provided when accessing the Services. FMFW shall not be responsible for any harm you may suffer as a result of your failure to receive any notice provided to you in connection with this User Agreement or your use of Services so long as such notice is provided to such email address. FMFW may also communicate with you through other methods, including via telephone call, instant messaging or chat applications either operated by FMFW or a third party.
4.5 By accessing the Services, you agree that FMFW has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
Blocking and closing order requests;
Freezing your account;
Reporting the incident to the authorities;
Publishing the alleged violations and actions that have been taken;
Deleting any information you published that are found to be violations.
4.6 Termination. We may freeze, close, terminate, enable or disable any or all of the Services, your User Account or your access to the Services at any time and for any reason. You may close your User Account at any time and for any reason. Depending on the Services available to you in your User Account, we may require you to take certain actions in order to complete a pending transaction or provide additional information prior to closing such User Account. You are solely responsible for any fees already incurred or associated with the closing of your User Account, whether incurred directly by you from FMFW, or incurred by FMFW on your behalf with a third party in order to complete any such action. Closing your User Account may not result in the deletion of information we hold about you or your activity.
5.1 Description. We may offer you the ability to purchase and sell Virtual Currency for other Virtual Currency via the FMFW.IO Exchange subject to the terms of this Agreement. The FMFW.io Exchange is provided to you exclusively by FMFW. Use of the FMFW.io Exchange requires a User Account, which may require you to complete certain actions pursuant to our Compliance Program. Your use of the FMFW.io Exchange is subject to the terms of the Trading Code of Conduct, as amended from time to time. In the event of any inconsistency between this Agreement and the Trading Code of Conduct, this Agreement shall apply with respect to matters relating to this Section.
5.2 Availability of Service. The FMFW.io Exchange may not be available in all markets and jurisdictions. We may restrict or prohibit use of the FMFW.io Exchange in certain jurisdictions ("Restricted Locations"), and change such restrictions or prohibitions at any time.
5.3 General Obligations.
5.3.1 Your registration of an account with FMFW will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users' identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through FMFW, or for other lawful purposes stated by FMFW. We will collect, use and share such information in accordance with our Privacy Policy.
5.3.1.1 By creating an account on FMFW.io Exchange, you hereby agree that:
(a) you will notify FMFW immediately if you are aware of any unauthorized use of your Account and password or any other violation of security rules;
(b) you will strictly abide by all mechanisms or procedures of FMFW regarding security, authentication, trading, charging, and withdrawal; and
(c) you will take appropriate steps to logout from FMFW at the end of each visit.
5.3.2 Number of User Accounts. We may, in our sole discretion, limit the number of User Accounts that you may create or maintain. We may terminate or suspend any User Account that exceeds such limit, and liquidate, freeze or refund positions and funds associated with such User Account.
5.3.3 Hardware and Software Requirements. We may limit use of the FMFW.io Exchange to certain hardware devices and/or supported software. We do not guarantee that the FMFW.io Exchange will be accessible through all manufacturers of electronic devices or software developers. Access to the FMFW.io Exchange may also require certain hardware, software and security protocols, which could result in your inability to access the FMFW.io Exchange.
5.3.4 User Account Access. In the normal course of business, we will require login credentials to access your User Account. We may impose additional security measures to be used when you access the FMFW.io Exchange including but not limited to two-factor authentication ("2FA"). This 2FA may include security passcodes sent via mobile text message or electronic mail or an application designed to provide 2FA by other means. If prompted to install any such 2FA application, you are solely responsible for ensuring the security of any password or login credentials. We may provide data through such 2FA applications in order to authenticate your use of the FMFW.io Exchange. We cannot be held responsible for any damage caused by a 2FA device, software or method.
5.3.5 User Account Information. You will be able to view certain details of your account history as determined by FMFW, up to a specific period of time as determined by FMFW in our sole discretion. This account history may include information such as: (a) your Virtual Currency balance; (b) executed transaction details; (c) unexecuted transaction details; and (d) deposit and withdrawal information.
5.4 Deposits and Withdrawals to Your User Account.
5.4.1 Funding Your User Account. In order to complete a Virtual Currency transaction, you will need sufficient funds in your User Account, either in the form of Virtual Currency or by purchasing Virtual Currency with fiat currency, depending upon the order type you select. FMFW may not support all funding methods at all times. You are solely responsible for your use of any external account, provider, or service used to transfer funds to your User Account. The timing associated with any deposit will vary and may depend in part upon the performance of third parties unrelated to FMFW. We shall not be responsible for damages resulting from failed or delayed funding.
5.4.1.1 Treatment of Virtual Currency. We may store Virtual Currency you deposit for use on the FMFW.io Exchange in a "hot wallet", "cold wallet" or other storage method in our sole discretion. We shall record your ownership of your Virtual Currency in our records. We shall not loan, hypothecate, pledge, or otherwise encumber any Virtual Currency deposited by you for use on the FMFW.io Exchange.
5.4.2 Withdrawing Funds from Your User Account. In the event that the balance of available funds in your User Account is greater than any minimum balance requirement needed to satisfy all open orders, you may request a withdrawal of Virtual Currency or fiat currency, as applicable. You are solely responsible for losses resulting in whole or in part from any external account, provider, or service. We cannot guarantee the timing of any withdrawal request and such requests may be susceptible to delays beyond the control of FMFW.IO Exchange and any losses derived from delays will be the sole responsibility of the User. Requests may be delayed or canceled as part of our Compliance Program.
5.4.3. Payment Service Providers. We may, at our discretion, use a third party payment service provider to process deposit and withdrawal requests in fiat currencies. Upon making a deposit or withdrawal request for fiat currency, you may be directed away from the Site to a third party website. In such case, you are solely responsible for any actions taken on such website and we shall not be liable for any loss resulting in whole or in part from such website or provider.
5.4.4 Deposit and Withdrawal Limits. We may, in our sole discretion, impose daily, weekly, monthly, or other periodic limits on deposits and withdrawals, which we may implement, eliminate, increase or decrease without advance notice.
5.5 FMFW.io Exchange Activity.
5.5.1 Order Types. We shall, from time-to-time, offer you different types of orders that may be placed on the FMFW.io Exchange. The Trading Code of Conduct contains additional information on order types. We do not guarantee any order you place on the FMFW.io Exchange will be executed or executed at any particular time.
5.5.2 Cancellation Policy. The FMFW.io Exchange is an active and live marketplace. By entering any order, you are bound to its terms and may not be able to cancel such order. You must review all of the details prior to entering an order on the FMFW.io Exchange, including the quantity and price of the Virtual Currency to be bought or sold, as well as the amount of funds that will be required in connection with your trade request. Please see the Trading Code of Conduct for additional information on FMFW's cancellation practices.
5.6 Fees. You must pay any fees associated with your use of the FMFW.io Exchange. Generally, FMFW will debit fees for orders from the total cost of your order. FMFW may charge other fees, or process fees in an alternative manner, but only with prior written notice to you. On the Site, we shall post a fee schedule that we may amend at any time in our sole discretion, with prior written notice to you. In the event you are found to owe us any amount of Virtual Currency, we may offset such amount against any funds we hold for you.
Your use of the Services requires you to bear risks for which we cannot be held responsible. We list some, but not all of these risks below:
Hardware, software or connections required to interact with a Virtual Currency network might fail, succumb to malware, unauthorized access or malicious attacks. Third parties may obtain unauthorized access to the Services, including, but not limited to your public and private keys. FMFW shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
Forks, unknown vulnerabilities in or unanticipated changes to the network protocol may cause losses to you or others. FMFW has no control over any cryptocurrency network and shall not be responsible for any harm occurring as a result of the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions.
The risk of loss of value in using Services involving Virtual Currencies may be substantial and losses may occur over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable.
Virtual Currencies are not legal tender and are not backed by any sovereign government. In addition, the legislative and regulatory landscape around Virtual Currencies is constantly changing and may affect your ability to use, transfer, or exchange Virtual Currencies.
Under certain market conditions, you may find it difficult to liquidate a position. In such circumstances, the FMFW.io Exchange may not have sufficient demand to meet your request to execute such a transaction. Placing contingent orders, such as a "stop" or "limit" order does not guarantee your potential loss will be limited to an intended amount, as market conditions may make it difficult to execute such orders. You may suffer losses due to orders executing at lower or higher values than anticipated or requested.
Virtual Currency transactions may not be reversible. Once you send Virtual Currency to an address, you may lose access to your Virtual Currency temporarily or indefinitely. For example, an address may have been entered incorrectly, or an address may belong to an entity that will not return your Virtual Currency. Virtual Currency mistakenly sent to an address we control may not be recoverable.
7.1 Unless otherwise specified by FMFW, prior to conducting margin trading, you may be required to complete specific registration procedures, following the completion of registration and identity verification for your FMFW.io Account.
7.2 Margin trading is highly risky. As a leveraged trader, you acknowledge and agree that you access and use Margin Trading services at your own risk. We recommend that all Users study the markets and do their own due diligence before using margin trading Services.
7.3 You should fully understand the risks associated with margin trading, and be fully responsible for any trading and non-trading activities under your Account and margin trading wallet. You should not engage in transactions or invest in funds that are beyond your financial capacities.
Margin Risk Trading Risks include but are not limited to:
1. The liquidity, market depth and dynamics of the trading market fluctuate violently and change rapidly. The use of leverage may work to your advantage or disadvantage, which may result in major gains or losses as the case may be.
2. You are not eligible to receive forked currencies split from any blockchain assets in your Account, even if you have not engaged in any margin trading at all.
3. In some market situations, you may find it difficult or impossible to liquidate a position. This may occur, for example, as a result of insufficient market liquidity or technical issues with third party providers to FMFW.io Exchange or FMFW.
4. Margin Trading does not have guaranteed measures against losses. As a borrower, you may suffer losses that exceed the amount you deposited into your Account.
8.1 Intellectual Property.
8.1.1 Unless otherwise indicated by us, all intellectual property rights and any content provided in connection with the Site or the Services, are the property of FMFW or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Site or the Services.
8.1.2 You accept and acknowledge that the material and content contained in or delivered by the Site or the Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Site or the Services as set forth in this Agreement.
8.1.3 You further acknowledge that any other use of content from the Site or the Services is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You agree to retain all copyrighted and other proprietary notices contained in the material provided via the Site or the Services on any copy you make of the material but failing to do so shall not prejudice FMFW's intellectual property rights therein.
8.1.4 You may not sell or modify materials derived or created from the Site or the Services or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of such materials on any other website or on a file-sharing or similar service for any purpose is strictly prohibited. You may not copy any material or content derived or created from the Site or the Services without our express, written permission.
8.1.5 Any rights not expressly granted herein to use the materials contained on or through the Site or the Services are reserved by FMFW in full.
8.2 Accuracy of Information
8.2.1 We endeavour to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility.
8.2.2 We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Services, information and functions made accessible through the Services, any hyperlinks to third party websites, or the security associated with the transmission of information through the Services, or any website linked to the Services.
8.3 Third Party Services and Content.
8.3.1 In using the Services, you may view content or services provided by third parties on the Website or externally, including links to web pages and services of such parties ("Third Party Content"). We do not control, endorse or adopt any Third Party Content and have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party.
8.3.2 We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.
8.4 Cooperation with Law Enforcement. FMFW may, from time-to-time, respond to requests from third parties, courts, law enforcement, regulators and policymakers by producing certain information about or relating to your use of the Services.
8.5 Recordkeeping. Depending on the Services used by you, FMFW reserves the right, in our sole discretion, to create and maintain certain records of your activity and communications relating to your User Account.
9.1 Feedback.
9.1.1 FMFW strives to improve its Services to address feedback. If you have ideas or suggestions regarding improvements or additions to the Services, we would like to hear them; however, any submission shall be subject to this User Agreement.
9.1.2 Under no circumstances shall disclosure of any idea or feedback, or any related material to FMFW be subject to any obligation of confidentiality or expectation of compensation.
9.1.3 By submitting an idea or feedback or any related material that would be subject to intellectual property rights (the "Work") to FMFW, you grant to FMFW, with respect to the Work submitted, a non-exclusive, perpetual, global, royalty-free license to use all of the content of such ideas and feedback, for any purpose whatsoever.
9.1.4 By submitting Work, you are waiving any moral rights to the fullest extent permitted under law that you may have in the Work and are representing and warranting to FMFW that the Work originated with you, no one else has any rights in the Work, and that FMFW is free of any royalty to implement the Work and to use the related material if so desired, as provided or modified by FMFW, without obtaining permission or license from any third party.
9.1.5 FMFW may sub-license in any way all Work and material you have submitted to FMFW.
9.2 Technical Support. We shall use commercially-reasonable efforts to supply email-based technical support services, but cannot guarantee immediate responses, especially during times of high volume.
10.1 No Violation of Law. You represent and warrant to us that you shall not use the Services if you are prohibited by any applicable law, regulation, or rule from doing so.
10.2 Acceptable Use of FMFW Services. When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services. Without limiting the generality of the foregoing, you agree that you shall not:
(a) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
(b) use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
(c) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
(d) use or attempt to use another person's User Account, or credentials without authorization;
(e) attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
(f) introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
(g) develop any third-party applications that interact with our Services without our prior written consent;
(h) provide false, inaccurate, or misleading information; or
(i) encourage or induce any other person to engage in any of the activities prohibited under this Section.
10.3 Disclaimer of Warranties. FMFW DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, AND ANY SERVICES PROVIDED BY FMFW ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU ACKNOWLEDGE THAT FMFW MAKES NO WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER, AND THAT FMFW'S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF FMFW OR ITS AFFILIATES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
10.4 Limitation of Liability. IN NO EVENT SHALL FMFW, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR: (A) ANY AMOUNT GREATER THAN THE VALUE OF THE VIRTUAL CURRENCY ACTUALLY DELIVERED TO US BY YOU OR BY YOU TO US IN CONNECTION WITH A SUPPORTED VIRTUAL CURRENCY TRANSACTION COMPLETED ON ITS DISPLAYED TERMS OVER THE LAST SIX MONTHS, VALUED IN GREAT BRITISH POUNDS AT THE TIME OF THE TRANSACTION; OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FMFW HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY FOR THIRD PARTY PRODUCTS AND SERVICES. As part of its Services to You, the FMFW may utilise third party hardware and software ("Third Party Services"). FMFW DISCLAIMS ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR SUCH THIRD PARTY SERVICES. YOU ACKNOWLEDGES THAT NO REPRESENTATION HAS BEEN MADE BY FMFW AS TO THE FITNESS OF THE THIRD PARTY SERVICES FOR THE USER'S INTENDED PURPOSE.
UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY AS DAMAGES, MAKE SPECIFIC PERFORMANCE OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF VIRTUAL CURRENCY, YOU AND WE AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCY DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (B) THE CHANGE IN VALUE OF ANY CRYPTOCURRENCY; (C) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (D) FORCE MAJEURE. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
10.5 Indemnification. You agree to indemnify and hold harmless FMFW, its affiliates, subsidiaries, directors, managers, members, officers, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to your or any other person's use of your credentials or User Account in connection with: (a) use of the Site or Services; (b) breach of this User Agreement or any other policy; (c) feedback or submissions you provide; (d) false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable; or (e) violation of any rights of any other person or entity; provided however, that you shall not indemnify FMFW for claims or losses arising out of FMFW's gross negligence or willful misconduct. This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this User Agreement.
10.6 Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein. Nothing in this User Agreement excludes or limits liability which may not be limited or excluded under applicable law.
11.1 Force Majeure. If by reason in whole or in part of any Force Majeure Event, either you or FMFW is delayed or prevented from complying with this User Agreement, then such delay or non-compliance shall not be deemed to be a breach of this User Agreement and no loss or damage shall be claimed by you or FMFW by reason thereof. "Force Majeure Event" means any event beyond the party's reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or "forks" or unexpected changes in a computer network upon which the Services rely.
11.2 Taxes. It is your responsibility to determine what, if any, taxes apply due to your use of the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. FMFW is not responsible for determining whether taxes apply to your Virtual Currency transactions or for collecting, reporting, withholding or remitting any taxes arising from any virtual currency transactions.
11.3 Severability, Reformation. In the event that any provision of this User Agreement is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of this User Agreement is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of this User Agreement will, where possible, be interpreted so as to sustain its legality and enforceability.
11.4 Assignment. This User Agreement shall be binding on your successors, heirs, personal representatives, and assigns. You may not assign or transfer any of your rights or obligations under this User Agreement without prior written consent of FMFW, which may be withheld in FMFW's sole discretion. We may assign rights or delegate duties under this User Agreement in our sole discretion.
11.5 Relationship of the Parties. Nothing in this User Agreement is intended to, nor shall create any partnership, joint venture, agency, consultancy or trusteeship. You and FMFW are independent contractors for purposes of this User Agreement.
11.6 Entire Agreement. This User Agreement constitutes the entire agreement among the Parties with respect to the subject matter described herein and shall supersede all prior agreements and understandings, written or oral, among the Parties. Subsequent discussions or negotiations between you and FMFW or FMFW personnel shall only amend or become part of this User Agreement by way of a written amendment specifically referencing the last updated date and name of this User Agreement.
11.7 Contact Information. For any purpose other than technical support requests, you may contact us at [email protected]. For technical support requests only, you may submit a request via our Support tool at: [email protected].
12.1 Arbitration. This User Agreement is governed by and shall be construed in accordance with the laws of Bahamas. Except where prohibited by applicable law, any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration under the electronic transaction arbitration rules of the London Court of International Arbitration Centre ("LCIA"). LCIA shall be the seat of arbitration and any such dispute shall be resolved at the LCIA by a single arbitrator.
12.2 No Trial by Jury. By entering into this User Agreement, you expressly waive your right to a trial by jury and right to participate in a class, consolidated, or representative action lawsuit. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
2023-02-15