GENERAL TERMS AND CONDITIONS (T&C)
OF USE FOR THE BANXE PLATFORM
last revised: 01 February 2022
PLEASE READ THESE T&C CAREFULLY BEFORE ACCEPTING THEM (BEFORE AGREEING TO THE CONDITIONS CONTAINED IN THEM). IF YOU DO NOT AGREE TO THESE T&C ENTIRELY OR PARTIALLY, DO NOT USE THE APPLICATION, THE WEBSITE, OR OTHER SOFTWARE PROVIDED IN THESE T&C AND THE WEBSITE.
BANXE PROVIDES THE SERVICES THAT (1) ARE CONNECTED WITH THE FUNCTIONALITY OF THE PLATFORM AND THE WEBSITE INCLUDING BUT NOT LIMITED TO HOSTING AND TECHNICAL SUPPORT (2) FACILITATE CLIENTS’ IDENTIFICATION AND VERIFICATION FOR THE ASSOCIATED COMPANIES. BANXE IS ONLY THE PARTY IN THE AGREEMENT WITH YOU WHILE PROVIDING SUCH SERVICES. IN CASE YOU USE THE SERVICES PROVIDED BY THE ASSOCIATED COMPANIESYOU WILL HAVE CONTRACTUAL RELATIONSHIPS WITH THEM. IN SOME CASES YOU WILL HAVE CONTRACTUAL RELATIONSHIPS (DIRECTLY OR THROUGH THE ASSOCIATED COMPANIES AS INTERMEDIARIES) WITH OTHER ENTITIES THAT PROVIDE SPECIFIC FINANCIAL SERVICES, REQUIRED TO EXERCISE THE SERVICES OFFERED ON THE PLATFORM.
These T&C contain the terms and conditions of use of the Platform, other software specified in these T&C and the Website (as defined below) and constitute a binding agreement between You and the Company (which are the parties to this agreement, hereinafter collectively referred to as the “Parties” and each individually as the “Party”). Your acceptance of the Company’s offer which contain these T&C (resulting in conclusion of the said agreement between the Parties) is carried out in electronic form when you put the symbol “✓” in the relevant checkbox with the following text: “[ ] I agree to Terms and Conditions and Data Protection Policy” in the relevant virtual window and proceed with the registration on the Platform for creating the BANXE Account. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
By agreeing to these Terms You agree to the Terms and Conditions of all Services on the Platform, including those offered by the Service Providers. You can access these Services’ Terms and Conditions through the links in this document or at websites of the Associated Companies. You are free to use all Services or any of them but the technical conditions do not allow partial acceptance of the Services’ Terms and Conditions. If You do not agree to all the Terms and Conditions, please, stop using the Platform and the Website immediately.
YOU UNDERSTAND THAT BANXE Platform allows you to access various financial products and services that are provided by other companies (Associated Companies). Some Associated Companies are independent of us, some are affiliated entities in a legal sense of the law of England and Wales. These products and services may be governed by separate terms and conditions that are accessible through the websites of the Associated Companies that provide the products and services as well as from these T&C. In that case these separate terms and conditions construe the parts of these T&C. Unless expressly stated otherwise, these T&C prevail over the Associated Companies’ terms and conditions. You agree to the terms and conditions that govern the products and services offered by these companies. The companies may enforce their terms and conditions, relying upon your acceptance of these T&C to do so. You agree and intend this and any other online agreement to be the legal equivalent of signed, written contracts, and equally binding.
BY ACCESSING AND USING SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (INCLUDING BUT NOT LIMITED TO THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. BANXE RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS AND MAY RESTRICT OR REFUSE, AT ITS DISCRETION, THE PROVISION OF BANXE SERVICES IN CERTAIN COUNTRIES OR REGIONS.
BY MAKING USE OF 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 SERVICES OFFERED ON BANXE PLATFORM AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) BANXE SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
CHAPTER 1 GENERAL CONDITIONS
For the purposes of the relationship between the Company and the Client in these T&C, in the Platform (including virtual buttons and other elements of the graphical interface) and on the Website, the following expressions (phrases) shall be used in the following meanings (unless otherwise provided by these T&C or follows out of the context). The T&C for other Services may use different definitions. Definitions not specified in this clause hereof may be used in these T&C. In this case, such a term shall be interpreted in accordance with the text hereof. In the absence of a definite interpretation of the term in the text of these T&C, the interpretation of the term shall be defined as follows: in the first place - by the governing law, secondly - established (commonly used) on the Internet sources on fintech industry.
“Platform”, “BANXE Platform” means the “www.banxe.com” which is a web platform (a computer program, the access to which is provided by the means of using the Internet) for digital financial services, the right to use which is possessed by the Company and available at the Website and the Application. The Platform provides the Clients with the ability to apply for the Services provided by the Associated Companies on the Platform.
“Application” means the mobile application that may be installed in the electronic device and offers access to the Platform. In case the desktop version of the Application is available, all the provisions regarding the Application in these T&C also relate to the desktop version.
“AML/CTF Requirements” means any legal requirement, national or international, including soft law, pertaining to money laundering, terrorism financing, bribery, corruption, tax evasion, fraud, the trafficking of arms, drugs, humans or wildlife, slavery, proliferation of weapons of mass destruction.
“Business Day” means any day except for Saturday, Sunday and another day on which banks in England and Wales are closed (do not perform banking operations).
“Banxe”, “Company” means Banxe Ltd, registered (incorporated) in England and Wales under Registered company number 11784778. Registered address: 140 Tabernacle Street, London, England, EC2A 4SD.
“Associated company”, “Service Provider” means one of the following legal persons that has a direct business relationship with BANXE with a purpose to provide services on the Platform:
Tompay Ltd, that is authorised by the UK Financial Conduct Authority as an Electronic Money Institution under the Electronic Money Regulations 2011 (931509). Tompay Ltd is registered in England and Wales. Registered address: Mocatta House, Trafalgar Place, Brighton BN1 4DU. Registered company number 12484741.
OÜ NeuroNext, authorized by the Estonian Financial Intelligence Unit as a Virtual Currency service provider (License’s number is FVT000032). OÜ NeuroNext is registered in Estonia under company number 14917854. Registered address: Rävala pst 8 Kesklinna linnaosa, Tallinn Harju maakond 10143, Estonia.
Digital Assets services offered on the Banxe platform are provided exclusively by OÜ NeuroNext. Tompay LTD or Banxe LTD do not provide any services related to Digital Assets, including cryptocurrency. Such services are not regulated by the FCA.
“BANXE Account” means the user profile on the Platform activated after the Client’s acceptance of the T&C and completion of Identification and Verification procedures.
“Account” means the account, which has been created by You with one of the Service Providers and on which money, electronic money, and Digital Assets (the “Funds”) are accounted for in accordance with the T&Cs and the relevant legislation. The words “credit to”, “deposit to” used in relation to these defined expressions shall mean an increase in (increasing) the amount of Funds accounted for You on the Account, including as a result of the transfer by the Associated Companies to You the title of property to Funds. The words “charge-off”, “write-off”, “withdrawal” used in relation to these defined expressions shall mean a decrease in (decreasing) the amount of Funds accounted for You on the Account, including as a result of deduction from their amount of the Service Provider’s remuneration or Your other debt.
“Funds” means money (in any currency), electronic money and Digital Assets that can be kept in Account, sent to External Account or a third-party recipient, used to purchase Digital Assets or pay for the Services.
“External Account” means Your bank account, electronic wallet, address (identifier) of a virtual wallet, that are not provided by the Associate Companies, unless mentioned otherwise. External Account may be used to deposit Funds or to Withdraw Funds from Account.
“Identification” means a complex of measures to obtain data on the Client, her/his representatives, other parties of a financial transaction (operation) defined in accordance with the Law of England and Wales, as well as to confirm the accuracy of such data.
“Verification” means a set of measures to verify and (or) supplement data on the Client, her/his representatives and other parties to a financial transaction (operation) obtained during the identification.
“Intellectual Property Rights” mean exclusive rights to any objects of intellectual property.
“Services” for the purposes of these T&C the term “Services” means the various services provided by Company or Associated Companies on the Platform, other software provided for in these T&C and the Website (including its content). The permission to use Services is granted to the Client on the terms of a non-exclusive license in order to use the Platform, other software provided for in these T&C and the Website by means necessary for the performance of these T&C, for the effective term of these T&C and within the territories of England and Wales and other countries (except Prohibited Jurisdictions) provided that this does not contradict to the acts of legislation of these and other countries.
“T&C”, “Terms” means these Terms and Conditions of Use of the Platform, other software, Application and the Website (as amended and supplemented by the Company from time to time at its sole and absolute discretion). Unless specifically stated otherwise, “T&C” and the “Terms” include the Terms related to the separate Services provided by the Associated Companies. In case there is a contradiction between these Terms and Conditions (as a specific document) and the Terms and Conditions of the other Services, these T&C prevail.
“You”, “Your” and “Client” relate to you, i.e. to the user of the Platform of Website (the Company’s and the Associated Companies’ Client). These T&C shall be also applied to the Company’s clients which are legal entities.
“We”, “Our” and “Us” relate to the Company.
“Suspension of BANXE Account'' is the action performed by the Company in the cases provided for in these T&C, as a result of which, during the period, specified by the Company, when the Banxe Account is suspended, the Client has the opportunity to log into it, but is deprived of the opportunity to utilize the Services of the Associated Companies. Inter alia, Suspension of the Banxe Account may take place if the Client violates these T&C and (or) the Company’s or its licensers’ or licensees’ Intellectual Property Rights.
“Website” means www.banxe.com, as well as other sites on the Internet, the right to use (administer) which the Company possesses and which are used by it within the activities provided for in these T&C. Unless stated otherwise, Website is considered the integral part of the Platform
“Deposit” means to transfer Funds from Your External Account to the Account for making (carrying out) transactions (operations) on the Platform. The word “depositing” means carrying out the said transfer by You. Funds received from the third parties are described as “Received Funds”.
“Withdraw” means to transfer Funds, accounted for You on Your Account, to Your External Account or any other bank account or electronic wallet at Your request. The word “withdrawal” means carrying out the said transfer by the Service Providers at Your demand.
‘’Client’’ means all individuals, institutions or organizations that access, or use the Services and who meet the criteria and conditions stipulated by the Company and the Associated Companies. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
‘’User’’ means all individuals, institutions or organizations that applied to register on the Platform but did not finalize the Identification and Verification procedure at the given moment.
‘’Digital Currencies’’ means encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
‘’Fiat Currency’’ means any government-issued currency.
‘’Digital Assets’’ means Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
“Force Majeure Event” means any event that is beyond Our control and prevents Us or delays Us from performing Our obligations under these T&C, including:
(a) acts of God (earthquake, cyclone, fire, explosion, flood, landslide, lightning, storm, tempest, pandemic, drought or meteor, etc.);
(b) acts of war and terrorism, declared or undeclared (including invasion, act of a foreign enemy, hostilities between nations, civil insurrection or militarily usurped power);
(c) civil disorder (including any act of a public enemy, sabotage, malicious damage, terrorism or civil unrest);
(d) embargoes (including confiscation, nationalisation, requisition, expropriation, prohibition, restraint or damage to property by or under the order of any government or government authority);
(e) natural disasters;
(f) unnatural disasters (including ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel);
(g) labour disputes (including strikes, blockades, lock out or other industrial disputes);
(h) failure in the internet, communications networks and facilities, or other infrastructure, systems, operations or of equipment relevant to the provision or Services;
(i) data breaches or data-processing failures;
(j) adoption of or any change in relevant regulation, or the public statement or action by any authorized body or its official or representative thereof acting in an official capacity.
“Personal Data” means any information relating to an identifiable person.
APPLICATION OF THESE T&C
2.1. Acceptance (consent) and representations of the Client
2.1.1. The Client hereby agrees to observe the following documents (as well as to be legally bound by them), which together with these T&C are the constituent parts of the agreement concluded between the Client and the Company and the Associated Companies:
the Cookies Policy (Policy regarding cookie files);
the Terms and Conditions of the Electronic Money Services, the Payment Transaction and Transfer Services (provided by Tompay, Ltd.);
the Terms and Conditions of the Digital Assets Services (provided by OÜ NeuroNext),
any other conditions of the promotional events, public competitions and other events held by the Company.
All these documents are placed on the Website and available in the Application.
2.1.2. The Client hereby agrees to:
(a) after putting the symbol “✓” in the checkbox with relevant inquest or expressing agreement in any other way permitted by law,participate in the promotional events, public competitions and other events held by the Company with the use of the Platform and (or) the Website as well as recognize oneself bound by the conditions of their carrying out placed on the Website or communicated to the Client by the Company by other means. The Client’s consent to the conditions of such events and to the conditions of receiving bonuses is confirmed, among other things, by the actual Client’s actions to participate in such events and (or) by the consumption (use) by the Client of the bonus provided to him. The Client has the right to refuse to participate in a specific promotional event, a specific public competition or other event held by the Company by way of unilateral extrajudicial refusal to execute these T&C of participation in the relevant event;
(b) revocation of the right to use the Platform and (or) the Website or applying by the Company against the Client other negative measures in case of violation by the Client of these T&C and (or) any of the documents specified in sub-clause 2.1.1 of this clause.
2.1.3. The Client hereby assures the Company that s/he establishes relations (concludes an agreement) with the Company solely on her/his own initiative and that the Client is the initiator of the provision of the Services to the Client.
2.2. Prevalence of the versions (texts) and language
2.2.1. The English language version (text) of these T&C, documents and other content posted in the Application and (or) the Website shall be the prevailing version in interpretation and application of these T&C, documents and other content posted in the Application and (or) the Website in the event of any discrepancy between any versions (texts) of these T&C, documents and other content posted (placed) in the Application and (or) the Website in other languages.
2.2.2. All communications in relation to Services provided under these T&C will be in English. THe Company may use another language to communicate with different categories of the Clients but not obliged to do so.
2.3. Termination of these T&C and their amending
2.3.1. Each party shall have the right to terminate these T&C at any time at its sole and absolute discretion by means of a unilateral extrajudicial refusal to perform it, expressed by sending the other party a notice of such refusal in the manner specified in these T&C. The Agreement shall be deemed to be terminated on the date of receipt by the recipient party of the relevant notice.
The termination of the agreement with the Company includes the simultaneous termination of all the contractual relations with the Service Providers unless it is specifically stated otherwise.
2.3.2. In the event of termination of the contractual relations between You and the Company, Your Funds held by the the Service Providers shall be transferred to You at Your demand after deduction of the amounts of remuneration due to the Service Providers, the expenses incurred by the Company and the Service Providers in connection with such transfer and these T&C’s termination, the amounts of losses inflicted by You to the Company and the Service Providers and the amounts of forfeit (penalty) subject to withholding by the Company and the Service Providers as a result of a violation of the contractual conditions by You, provided that the transfer is not hindered by AML/CFT Requirements. BANXE and the Associated Companies may pass to You charges levied by third parties as a result of the termination of these T&C.
2.3.3. The Company shall be entitled to unilaterally and extrajudicially at any time at its sole and absolute discretion amend these T&C as well as other constituent parts of the Agreement concluded between the Client and the Company. In these cases, the Company will amend these T&C unilaterally and extrajudicially, unless otherwise is prescribed by such acts or by the legislation. Unless otherwise is provided for by these T&C, these T&C shall be amended unilaterally and extrajudicially by posting the amended text of these T&C on the Website with placing the notice on amending these T&C in the Client’s Account (and (or) with the use of other means of drawing the Client’s attention towards the fact of amending these T&C, e.g. by sending the said notice to her/him by e-mail) and (or) by sending the said notice in other manner specified by the agreement of the Parties. These T&C shall be deemed to be amended three days after the date on which the amended text of these T&C is posted on the Website, unless the Company stipulates another term (inter alia, in the said notice on amending these T&C). The date, on which these T&C is deemed to be amended, in the said notice may be indicated with the use of the words “enter into force”. Unless otherwise is provided for in the said notice on amending these T&C or by these T&C, amendments made by the Company to these T&C shall not be applied to the relations of the Company and the Client which have arisen before the date on which these T&C shall be deemed to be amended.
Amendments made by the Company to these T&C and related to bringing into operation (changing) on the Platform its certain functions (opportunities) shall be applied to the relations of the Company and the Client which have arisen (will arise) from the moment of actual bringing into operation (changing) the relevant functions (opportunities) of the Platform, unless otherwise is stipulated by the Company (in the notice on amending these T&C or otherwise).
If upon the expiry of three days from the date of sending to the Client (placing in the Client’s Banxe Account) the aforesaid notice on amending these T&C the Client by proceeding with the use of the Platform, pressing in the Platform’s interface the virtual button on expressing consent with the amendments made to these T&C by the Company (approving them) and (or) otherwise expresses consent with the said amendments (approves them), it shall be deemed that these T&C have been amended by the agreement of the Parties (from the moment of expression of the said consent (approval), and if it takes place prior to the expiration of the said three-day period, then upon it will expire), and the relevant amendments shall be applied to the relations of the Parties which have arisen before the date of amending these T&C. In the absence of the expression of the said consent (approval) from the Client’s side (inter alia within the time period which takes place prior to the expiration of the said three-day period) it shall be deemed that the Company has amended these T&C unilaterally and extrajudicially according to the rules of this sub-clause.
The Service Providers hold a similar right to amend the T&C of the Services they provide in a similar manner unless specifically stated otherwise.
If Client disagrees with amendments, s/he should stop using the BANXE platform and all services offered through it and terminate these T&C.
The proposed change comes into effect on the day set by Company. Changes that make the Terms and Conditions more favourable to the Client come into effect immediately if so stated in the change notice. Changes to exchange rates come into effect immediately without notice and the Client shall not have the right to object to such a change.
The Parties agree that Client shall be deemed as having agreed with the amendments, unless the Client notifies Company to the contrary before the date the amendments come to force. If the Client objects to the changes, Client’s BANXE Account shall be closed and these T&X terminated.
2.3.4. Upon termination of these T&C or the agreement concluded between the Client and the Company, specified in sub-clause 2.1.1 of this clause, on the whole:
126.96.36.199. the rights and obligations of the Parties are terminated from the date of the said termination, with the exception of the case provided for in sub-clause 188.8.131.52 of this clause;
184.108.40.206. sub-clause 2.3.5 of this clause shall be in effect until it is performed by the Parties to the full extent.
2.3.5. After termination of these T&C, the Client shall be obliged to stop using the Website and remove (uninstall) the Application (its copies) from his devices.
3.1. You hereby confirm Your understanding that the nature of the Services and other services you intend to use through the Platform may be risky. You understand and accept the risks related to financial and digital instruments.
3.2. The risks related to each type of the Services are provided in the relevant T&C.
3.3. You acknowledge and agree that the Company may itself be the participant of the Services provided on the Platform. The Company is obliged to manage any conflict of interest arising out of it.
4.1. To be eligible to use the Platform:
(a) You must be at least 18 years old;
(b) You must be registered, domiciled or located in, or resident of, a country where using the BANXE Platform, is not contrary to local laws and other sources of law;
(c) You must be a citizen (national) of, or reside in, a country not being in the list of jurisdictions where We do not provide the Services (“Prohibited Jurisdictions”);
(d) as a Client, that is a legal entity, on behalf of such legal entity you represent and warrant that:
(i) such legal entity is duly organized and validly existing under the legislation of the jurisdiction of its organization;
(ii) you are duly authorized by such legal entity to act on its behalf; and
(iii) this legal entity is not registered in the Prohibited Jurisdictions, as well as the beneficial owners of this legal entity are not citizens (nationals) of the countries that are in the list of Prohibited Jurisdictions and do not reside in the Prohibited Jurisdictions.
4.2. To use the Application You need to create a Banxe Account. To create an Account You must:
(a) for the Client who (which) is:
a natural person (an individual) – provide Your full name, citizenship, date and place of birth, the place of domicile, requisites of identification document, e-mail address, unless otherwise provided by the Platform’s interface. In cases provided for in the Platform’s interface, the provision of these data shall be carried out by providing us with images of an identity document and (or) other documents;
a legal entity (a body corporate) – provide the firm name, location (registered address), tax identification number (Tax ID number), the graphic image (icon) of the extract from the trade register of the country of incorporation or other equivalent evidence of the status of a legal entity in accordance with the legislation of its country of incorporation with the date of issue no earlier than 6 months before the date of submission of the graphic image (icon) of such extract, the graphic image (icon) of the charter and the graphic image (icon) of the legal entity’s director identity document opened on the pages containing personal data and a stamp specifying the place of residence as well as other documents that may be requested by the Company;
(b) create a secure (strong) password in accordance with the Company’s recommendations.
4.3. You are not permitted to create more than one BANXE Account, as well as to reach an agreement with other persons on joint and (or) coordinated actions on using the Banxe Accounts in a certain way (including for making profit (generating income) or in order to achieve other goals).
4.4. You must also undergo the procedure of identification before You are permitted to use the Services on Platform. You agree:
(a) to provide to the Company the information (documents) the Company requests for the purposes of identification and verification, finding out (determining) the sources of Your funds and (or) wealth, updating (actualization) the data submitted by You before, exclusion of facts of unfair or illegal behavior on the Platform as well as for other purposes provided for by the legislation of England and Wales, and the agreement concluded between You and the Company, and permit the Company to keep such information (documents) for the period of no less than five years, process it (them) and perform in respect of it (them) other actions not contradicting the legislation of England and Wales;
(b) that We are entitled to make the inquiries, whether directly or through third parties, that We consider necessary to identify Your identity and address or protect You and (or) Us against fraud or other crime, and to take action We reasonably deem necessary based on the results of such inquiries. When We carry out these inquiries You acknowledge and agree that Your personal information may be disclosed to individuals and legal entities (including authorized state agencies) and that these entities may respond to Our inquiries in full. You acknowledge that We may also engage third-party providers to conduct all procedures of identification and subsequent verification We require and to disclose to such providers any data We receive from You including when creating Your BANXE Account;
(c) to keep up-to-date (ensure the operativity of) Your e-mail address and telephone number which has been reported to Us during creation of Your BANXE Account in order to receive any notices or alerts that We may send You.
4.5. We are also entitled at Our sole discretion to conduct competency checks in order to evaluate whether You possess sufficient skills and knowledge to use the Services provided through the Platform. In case We conclude that You do not possess sufficient skills and knowledge We consider necessary We will refuse to facilitate the access to such Services.
4.6. We shall assess and verify the information and documentation provided by You and, if everything is in compliance with these T&C, Your BANXE Account creation will be successfully finalized. The data provided by You during identification is subject to verification in the course of compliance with AML/CFT Requirements.
4.7. After passing Identification and Verification You can access the Services offered on the Platform by the Associated Companies. In some cases the specific Services require additional Verification.
4.8. We may, at Our sole and absolute discretion, at any time during Your use of the Application request some information and documentation in addition to those provided within creation of Your Banxe Account, in particular, when We suspect certain unlawful activity and (or) activity that do not comply with the conditions of the agreement between the Company and You is taking place via Your Banxe Account.
4.9. We may periodically review (update, actualize) the information and documents provided by You within the identification or verification process and (or) ask You to update (actualize) them. You are obliged to promptly (within three calendar days) reply to such requests (but if another term is specified in the request You must give the answer in the term specified in the request).
4.10. You represent and warrant that all the information and documents You provide to Us with regard to the Services are true, accurate, up-to-date, authentic and belong to You. You have responsibility for the reliability (veracity) of these information and documents.
4.11. In accordance with these T&C, You must notify the Company about changes in the data (information) specified in sub-clauses 4.2 and 4.4 of this clause within a period not exceeding three days from the date the corresponding changes occurred.
4.12. We may, at our sole discretion, refuse to create a BANXE Account for You. These T&C are not a public agreement or contract of adhesion. The Company is not obliged to provide the Services to anyone who applies.
4.13. We do not guarantee that the Application can be used on any particular device.
4.14. The functionality of the Application allows You to use third-party software. Usage of this opportunity is carried out at Your own risk and at Your responsibility (inter alia Your requirements arising due to incompatibility of the specified software with the software of the Company are not subject to satisfaction);
4.15. We establish the specific criteria to determine to whom grant access to the Platform based on legal requirements and our business model. Different eligibility criteria may apply between applicants. We may refuse to grant access to You for any reason. Unless required by relevant legislation, we do not provide reasons for rejecting a prospect Client.
4.16. The Company may suspend BANXE Account or otherwise restrict its functionality on reasonable grounds relating to the security of BANXE Account or any of its security features or if BANXE reasonably suspects that an unauthorised or fraudulent use of BANXE Account has occurred or that any of its security features have been compromised.
BANXE will notify the Client of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where BANXE is unable to do so, immediately after the suspension or restriction has been imposed, unless notifying the Client would be unlawful or compromise BANXE reasonable security interests. BANXE will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
4.17. In case You are unable (unwilling) to provide the necessary information, specified in sub-clause 4.8 of this clause, Company shall be entitled to suspend Your BANXE Account, or to terminate these T&C.
CHAPTER 2 THE SPECIFIC SERVICES
ELECTRONIC MONEY AND PAYMENT/TRANSACTION SERVICES
5.1. Tompay Ltd. provides the following Services:
5.1.1. Issuance of electronic money for natural and legal persons;
5.1.2. Providing Current Accounts;
5.1.3. Payment Transaction and Payment Transfer Services;
5.1.4. Currency Conversion / Currency Exchange Services.
5.2. The complete terms of the aforementioned Services may be read here.
6.1. OÜ NeuroNext provides the following Services:
6.1.1. Providing Digital Assets Wallets;
6.1.2. Exchange of Digital and Fiat currencies;
6.1.3. Digital Assets-based lending instruments.
6.2. The complete terms of the aforementioned Services may be read here.
7.1. A BANXE Account that has not been used (i.e. You have not used any Services the Platform) for more than six months may be qualified by the Company as abandoned.
7.2. Abandoned BANXE Accounts may be deactivated (closed) by the Company. You will receive an e-mail notification fifteen days prior to the BANXE Account deactivation (closing).
7.3. The order of Funds’ withdrawal is described in the relevant Terms and Conditions.
7.4. The Company has the right not to apply the provisions of this clause inter alia if the Client has not finalized the passing the Identification procedure.
FEES AND CHARGES
8.1. As a rule, the Client is not obliged to pay to the Company the remuneration for the Services in accordance with these T&C. The Company receives income from providing services to the Associated Companies.
The fees and charges in the form of subscription or a single payment that You pay on the Platform are remuneration for the Services provided by the Associated Companies. Such fees and charges are remitted by the Company to the Service Providers according to the agreements between them and the Company.
The amount of the fees and charges shall be communicated (brought) to the Client via the Platform and (or) the Website and may be changed (cancelled) at any time unilaterally. The modified amounts of the fees and charges shall enter into force and start being applied from the moment of their placement on the Platform and (or) on the Website unless stated otherwise. Certain types of fees and charges shall be introduced and cancelled in the same order. The amounts of the fees and charges may also be specified in these T&C or in other documents.
The Associated Companies may establish their own fees and commissions for offering their services to You. The Company may collect such fees on the behalf of the Associated Companies and the other service providers and remit them to receivers as an intermediary. You give permission to the Company to perform such transactions.
8.2. In case the Company incurs the damages due to Your breach of obligations of these Terms, We have a right to recover them from the Funds You have with the Associated Companies.
8.3. For those purposes, all Funds that We currently hold, hold in the future, carry, or maintain for you shall be subject to a right of set-off for the discharge of any and all indebtedness, or any other obligation You may have to Us, and are to be held by Us as security for the payment of any liability or indebtedness of Yours to Us. We will maintain a right to charge You for commissions, account fees, and other fees that are normal and customary in connection with enforcing this right, and we may at any time, and without giving you prior notice, use, transfer, or liquidate any or all of your Funds held by us or any of the Associated Companies in order to satisfy a debt, or any other obligation you may have to Us. Such use, liquidation, or transfer may occur without regard to whether we have made any advances in connection with such Funds. Included within our right of enforcement, we shall have the sole discretion to determine which Funds are to be sold without regard to any tax or other consequences You may face as a result of such actions. In the event of a breach or default by You under this Agreement, we maintain all of the rights and remedies available to a secured creditor under all applicable laws, in addition to the rights and remedies provided in these Terms. You agree to indemnify and hold us and the Associated Companies harmless from and against any losses or expenses incurred in connection with such enforcement or any other remedies available to Us, including reasonable costs of collection.
8.4. You acknowledge, that when using the Services You may be subject to certain fees (charges) charged by third-party service providers (due to be paid to them) (hereinafter referred to as “Third-Party Fees”):
(a) You may be charged fees by the External Accounts You use to deposit Funds;
(b) You bear all costs for recording (confirming) transactions (operations) in the register (ledger) of transaction blocks (blockchain) network, including expenses for paying remuneration to miners, as well as expenses for paying fees to banks and other executors of payment services (unless otherwise expressly provided for in the agreement and (or) on the Website (Platform)). Inter alia You shall bear the costs connected with carrying out Depositing and Withdrawing Funds (including by the use of bank payment cards or bank transfer) and pay the Company and the Associated Companies the sums of the relevant expenses, including in the form of deposit fee (charge) and withdrawal fee (charge). The Company shall be entitled to withhold (unilaterally deduct) the relevant sums from the sum (quantity) of the Your Funds (at the Company’s sole and absolute discretion) that are held by the Company or sent to the Company. The Company also has the right to take the appropriate amounts upon itself (accept as its expenses), for example, in order to provide the Client with a discount on the total amount of Fees and charges paid by him or to compensate (reimburse) them to the Client (for example, if the withdrawal of funds initiated by the Client has not been completed independently of the Client’s actions). Third-Party Fees will not be indicated on the transaction screens containing information regarding Your transactions in the Application. You are solely responsible for paying any Third-Party Fees.
NO INVESTMENT AND OTHER ADVICE
9.1. The Company does not advise You on the merits of any particular transactions with Funds or their taxation consequences. By using the Platform and the Website, You represent that You have been, are, and will be solely responsible for making Your own independent appraisal and investigations into the risks of any transaction (operation) made (carried out) by You on the Platform. You represent that You have sufficient knowledge, market sophistication, professional advice and experience to make Your own evaluation of the merits and risks of any transaction (operation) with tokens. The Company gives You no warranty related to transactions (operations) with tokens made (carried out) by You on the Platform.
9.2. You agree that the Company is not responsible for determining whether or which taxes apply to Your transactions (operations) with tokens. You further agree that You are solely responsible for reporting and paying any taxes arising from Your transactions (operations) with tokens on the Platform, unless otherwise is provided for by the legislation of England and Wales.
9.3. On the Platform and (or) on the Website there may be placed information about news related to the tokens markets, securities markets, commodities markets, derivatives markets, changes of stock indices and currency rates, other data of financial character, as well as advertisement of tokens (including those created and placed by the Company on its own behalf or on behalf of other persons). All such information, data and advertisement are placed for informative or advertisement purposes only and do not present (shall not be qualified) as pieces of advice which may incite (invite) You and (or) other persons to acquire or alienate specific tokens (tokens of specific types). Unless otherwise provided for by the legislation of England and Wales, the responsibility for reliability of the said information, data and advertisement is carried by their authors. All the decisions entailed Your making (carrying out) transactions (operations) with tokens are taken by You at Your inner conviction based on a full-fledged analysis of the circumstances of taking such decisions with allowance for the existing risks, including listed in the relevant sections of these Terms and other Services’ Terms, as well as on the basis of assessment of possible consequences of the said decisions.
10.2. The collection and processing of cookies are governed by the Cookies Policy.
10.4. The Client gives the Company consent to search, receive, transfer, collect, process, accumulate, store, distribute and (or) provide his personal data (including to the Company’s partner banks), to use it in any way that may be required for the conclusion, fulfilment, modification, termination of these T&C, and to provide any documents relating thereto, and (or) their copies, and (or) information to other persons, inter alia in cases stipulated by the legislation of England and Wales.
10.5. After the successful finalization of the Identification and Verification procedures the Company grants access to the Service Providers of all the information, listed in sub-clauses 4.2 and 4.4, that You submitted as well as the results of Verification procedures. The Associated Companies will use all this information for (1) providing their Services; (2) the marketing purposes; (3) compliance with AML/CTF Requirements.
10.6. The Client may withdraw consent for Personal Data processing, but that will lead to effective halt for provision of any Services on the Platform. The Company may still use Personal Data where it has lawful grounds to do so.
RESTRICTIONS AND BONUSES
11.1. The Application, other software specified in these T&C, the Website and their content are used by You at Your own risk and responsibility. By using them You acknowledge that You do not find the Services to be offensive or not in your interest in any way. It is Your responsibility to determine whether You are permitted to use the Application, other software specified in these T&C, the Website and their content according to the jurisdiction of Your domicile or any country in which You may be located.
11.2. You are obliged not to use the Application, other software specified in these T&C, the Website and their content for any unlawful purpose under any law that is applicable to You or that is prohibited by or in breach of these T&C. You warrant (represent, agree) that:
(a) You are at least 18 years old and of a legal age in Your jurisdiction to enter into contracts (agreements) (including these T&C);
(b) You are using the Application, other software specified in these T&C, the Website and their content solely for Your own needs;
(c) You are acting in Your own legal capacity (on Your own behalf) and not on behalf of another person (with the exception of duly authorized (empowered) representatives, inter alia of a Client which is a legal entity);
(d) You do not reside in a country which is included by the Company in the list of Prohibited Jurisdictions, are not registered in it (for a Client which is a legal entity) as well as Your beneficial owners do not reside in it as well as You cannot do busniess or conduct operations in such country (for a Client which is a legal entity);
(e) You have the right to enter into these T&C and no other agreement to which you are a party will be breached;
(f) You will not conduct criminal or other unlawful activities through (or by using) the Application and other software specified in these T&C including money laundering, terrorist financing and financing of proliferation of weapons of mass destruction, fraud, tax (fees) evasion or any other crime or another transgression of the law;
(g) You will not use the Application and other software specified in these T&C if any law applicable to You prohibits or does not allow their use in whole or in part;
(h) You do not use any insider information about tokens in an unscrupulous (illegal) way and do not manipulate the prices for tokens within Your usage of the Application and other software specified in these T&C;
(i) You shall not allow other persons to use Your BANXE Account (with the exception of Your duly authorized (empowered) representatives, inter alia if You are a Client which is a legal entity);
(j) You will not solicit or in any way seek to obtain any information, including personally identifiable information, relating to other users of the Application or visitors of the Website;
(k) You will not intercept, damage or modify any communication which is not intended for You or get acquainted with such a communication;
(l) You will not upload or distribute any software, files or data containing viruses, spiders, robots, worms, trojan-horse or any elements which are corrupted or may have any other negative impact on the Application, other software specified in these T&C, the Website and their content;
(m) You will not impact or attempt to impact the availability of the Services or operation of the Website, with a denial of service (DOS) or distributed denial of service (DDoS) attack or use the Application, other software specified in these T&C, the Website and their content in a way that could damage or otherwise impaired their functioning;
(n) You will not attempt to modify, decompile, reverse-engineer or disassemble the Application, other software specified in these T&C, the Website and their content in any way;
(o) You will not initiate and send chain letters, junk mail (spam) to Us and users of the Application, other software specified in these T&C and the Website;
(p) You will not prevent other users from using the Application, other software specified in these T&C, and the Website;
(q) You will not submit, post, upload or grant Us access to any information or material that infringes third party's Intellectual Property Rights;
(r) You will not encourage, promote or carry out any activity that violates these T&C.
11.3. In case of suspicion of money laundering, terrorist financing and financing of proliferation of weapons of mass destruction, fraud, or other activities that may violate any applicable law, or these T&C, the Company reserve the right to report all the necessary information to the relevant authorities and other organisations, including without providing You with notice of such report.
11.4. The Company may, at its sole and absolute discretion, transfer to all or certain persons, who has created Accounts on the Platform (to the Client), the title of property to Funds on a non-reimbursable (without consideration) and non-refundable (non-repayable) basis in the cases and amounts specified by the Company at its sole and absolute discretion, unless otherwise provided by these T&C. To refer to the Funds, the title of property to which is transferred on a non-reimbursable (without consideration) and non-refundable (non-repayable) basis, the word “bonus” may be used. The Company shall be entitled to determine the purposes for which such Funds (the title of property to them) must be used by the said persons (the Client) as well as limit or prohibit to withdraw such Funds and (or) the Fiat currency obtained as a result of alienation of such Funds (the title of property to them).
DISCLAIMERS AND LIABILITY
12.1. The Company is liable to You only for intentional non-fulfillment (improper fulfillment) of these T&C. In this case, the Company is obliged to compensate You for the losses You incur in full, unless otherwise provided by the legislation of England and Wales.
12.2. Inter alia, unless otherwise expressly provided by the legislation of England and Wales and the agreement concluded between You and the Company, the Company shall not be liable to You:
12.2.1. for loss of data, loss of profits, loss of reputation and goodwill arising from the fulfillment of these T&C;
12.2.2. for the content displayed on the Platform, on other software specified in these T&C and (or) on the Website (see sub-clause 12.7 of this clause for more details);
12.2.3. for the losses You incurred as a result of transactions (operations) with tokens on the Platform (see clause 3 of these T&C for more details);
12.2.4. for any harm and other negative consequences caused by any computer viruses, spyware, scareware, trojan horses, worms or other malware that may affect Your device, or any phishing, spoofing, malicious security breaches, hacking attacks or other attacks;
12.2.5. for any non-fulfillment (improper fulfillment) by the Company of these T&C by reason of the circumstance of Force Majeure;
12.2.6. for any non-fulfillment (improper fulfillment) of these T&C if it has been entailed by the application of legal acts binding upon the Company;
12.2.7. for the unauthorized use of Your BANXE Account by third parties without Your permission;
12.2.8. for any changes in the market (in particular, fluctuations of price for token) taking place after You send order on the Platform;
12.2.9. for the interruptions in the operation of the Platform, other software specified in these T&C and (or) the Website (including in connection with carrying out modernization and other works in respect of them);
12.2.10. for the possible malfunctions (inadequacy, manifestations of unreliability) of the register (ledger) of transactions blocks networks (blockchains), in which there exist the tokens circulating on the Platform (including the relevant blockchain protocols).
12.3. Unless otherwise provided by the legislation of England and Wales, in no event the amount of the Company's liability to the Client can exceed the amount of Fees and charges paid by the Client to the Company within thirty days preceding the date on which the circumstance giving rise to the Company’s liability to the Client arose.
12.4. To the maximum extent permitted by the legislation of England and Wales, the Platform, their software, specified in these T&C and the Website, are provided to the Client for use “as is”. The Company does not provide any guarantees and representations in relation to these objects (including in relation to their quality, uninterrupted operation and suitability for any specific purpose).
12.5. We will make reasonable efforts to ensure that Your orders within the Platform and other software specified in these T&C are processed in a timely manner but We make no warranties and representations regarding the amount of time needed to complete processing which is dependent upon many factors, including those beyond Our control.
12.6. You agree that the content displayed via the Platform, other software specified in these T&C or the Website is provided for information purposes only and You must evaluate, and bear all risks associated with the use of such content. We shall not be responsible or liable for any trading or investment decisions You make based on such content and do not guarantee the accuracy, completeness, or usefulness of the content.
12.7. When using the Platform, other software specified in these T&C or the Website You may view content provided by third parties, including links to their websites. We are not responsible for the composition of such content.
12.8. You hereby acknowledge and agree that Our disclaimers of warranties (representations) and limitation of liability are in good faith and reasonable, and are based on a fair allocation of risk between You and Us.
12.9. In case of non-fulfillment (improper fulfillment) of the provisions of these T&C by You, You are obliged to compensate the losses incurred to the Company (including reimburse the Company for the amount of liability measures applied to it in a foreign country in connection with the conclusion and (or) fulfillment of these T&C under the conditions the provision of false representations by You). The company has the right to fully or partially withhold the amount (amount) of losses caused to it from the amount (amount) of money counted for You, electronic money, tokens held by the Company.
12.10. The basis for exemption from liability for non-fulfillment (improper fulfillment of these T&C for You is the presence of force majeure circumstances (by which in this sub-clause the Parties understand the emergency and unavoidable circumstances under the given conditions, i.e. natural disasters), and for the Company – the absence of its intentional guilt.
12.11. The Application, other software specified in these T&C or the Website may contain links to third parties’ websites. The decision to use or not use third party websites is at your own risk and responsibility.
12.12. From time to time the Company will need to restrict access to some parts of the Platform or the Website to perform routine maintenance. While it is Our intention that the Platform will be available seven days a week except when maintenance is scheduled, You understand that We do not guarantee that You will always be able to access the Platform to place orders, or that your orders will always be executed. You agree that We are not responsible for any losses or liabilities that may occur as a result of high trading volume, market volatility, or computer, telecommunications, or Internet failures, regardless of the cause.
12.13. We are not liable if Your data and communications are intercepted. Should someone intercept a transmission of Your information, You agree that You will not hold Us and the Associated Companiesliable for any type of damages. This includes any liabilities or damages resulting from viruses that may infect Your computer(s) or third-party Internet facilities.
DISCLAIMERS AND LIABILITY
13.1. You agree to fully indemnify for losses and damage (including costs of legal assistance), inter alia from the application of measures of responsibility (including administrative liability), caused to Us and Our affiliates as a result of:
(a) Your breach of these T&C (including any warranties and representations contained herein), in whole or in part;
(b) violation by You of any act of legislation (including of a foreign state) or any third party rights, including Intellectual Property Rights;
(c) exercising of Our rights under these T&C;
(d) use by You of the Application and (or) the Website or use of them by any other person accessing the Application installed on Your device and (or) accessing the Website via Your device, regardless of whether such access was carried out with your authorisation or not.
13.2. No provision in these T&C can be, nor be deemed to be, waived, altered, modified, or amended unless agreed to in writing signed by Us. Our failure to insist at any time upon strict compliance with any term contained in these T&C, or any delay or failure on Our part to exercise any power or right given to Us, or a continued course of such conduct on our part, will not, at any time, operate as a waiver of such power or right, nor will any single or partial exercise preclude any further exercise.
APPLICABLE LAW AND DISPUTE SETTLEMENT PROCEDURE
14.1. The legislation of England and Wales shall apply to the relations between the parties arising out of the Terms. In this case, the material, not collision, norms of law shall be applied.
14.2. If a dispute arises between the parties from the Terms prior to its submission for consideration to the dispute settlement body provided for in the Terms, it shall be mandatory to follow the claim procedure for dispute settlement provided for in the Terms.
14.3. Claims shall be sent:
14.3.1. by You – from Your e-mail address specified by You at the time of creation of the BANXE Account to the e-mail address firstname.lastname@example.org or other e-mail address communicated by the Company (specify “Claim. For the Legal Team” in the title of the letter) with the scanned image of the paper claim signed by You or your representative attached to the letter (if the claim is signed by the representative, the attachment of a scanned image of the document confirming the representative’s authorities shall be mandatory);
14.3.2. by the Company or the Service Providers – to Your e-mail address, specified by You at the time of creation of the Account or updated by You in Your BANXE Account.
14.4. The parties also have the right to send their signed paper claims (by registered mail with delivery receipt or by the correspondence delivery services, such as EMS, DHL or UPS) to each other’s addresses of residence (location) (with certified copies of documents confirming the representative’s authorities, if the claim is signed by the representative).
14.5. Claims shall contain:
14.5.1. surname, given name (first name), patronymic (name) of the claimant and a person (persons), to whom the claim is sent (the claimee), their place of residence (place of temporary residence) or location;
14.5.2. date of filing the claim;
14.5.3. circumstances on the basis of which the claim is filed;
14.5.4. specific well-reasoned demands of the party with reference to the provisions of the Terms, as well as the norms of the legislation of England and Wales;
14.5.5. the amount of the claim and its calculation, if the claim is subject to monetary evaluation.
14.6. The claim cannot be subject to consideration if:
14.6.1. it is not sent in accordance with these Terms;
14.6.2. its content does not correspond to these Terms.
14.7. The response to the claim shall be sent within 30 days from the date of its receipt in the manner specified in these Terms.
14.7. The response to the claim shall be sent within 30 days from the date of its receipt in the manner specified in these Terms.
14.8. If the dispute arisen has not been settled in the claim procedure, it shall be submitted for consideration to the court at the location of the Company, determined in accordance with the legislation of England and Wales.
14.9. The parties shall have the right to settle a dispute arising out of the Terms by using mediation in accordance with the legislation of England and Wales.
15.1. The cession by the Client of his rights (claims) under these T&C and the encumbrance of these rights (claims) by her/him is possible only with the written consent of the Company.
15.2. The Company has the right to transfer (in whole or in part) its obligations to the Client under these T&C and other documents constituting the agreement (agreements) between the Company and the Client, by way of translation debt to another person (including when transferring the Client’s BANXE Account for servicing). By accepting the terms of these T&C (by concluding these T&C), the Client expresses (gives the Company) his irrevocable consent to this transfer of obligations (this transfer of debt), which is considered to be perfect (complete) from the moment the Company (the original debtor) concludes a debt transfer agreement (or a mixed contract providing for the elements of the transfer of debt) with the corresponding other person (the new debtor). The Company shall notify the Client of the fact of this transfer of obligations (this transfer of debt) (for this, any of the methods provided for in sub-clause 20.5 of clause 20 of these T&C can be used).
15.3. The possible invalidity in any jurisdiction of a particular provision of these T&C shall not invalidate any other provisions thereof or these T&C as a whole.
15.4. These T&C are valid until the full fulfillment of the obligations arising from it.
15.5. The headings in these T&C are for reference only and do not affect the interpretation of their provisions.
15.6. A significant change in the circumstances from which the Parties proceeded when concluding these T&C is not a basis for their change or termination at the request of the Client. The Client does not enjoy the rights to suspend performance and refuse to perform, provided for by the legislation of England and Wales in relation to counter performance of obligations.
15.7. Nothing in these T&C shall create or confer any rights or other benefits in favor of any third parties (who are not parties to these T&C) unless otherwise provided in these T&C.
15.8. Nothing in these T&C shall create a partnership or a relationship of representation between You and Us.
15.9. The accounting source document confirming the performance of business transactions within the framework of these T&C may be drawn up (executed) by the Party as a participant in the business transaction solely (if this does not contradict the legislation).
15.10. London (the UK) shall be deemed to be the place of these T&C’s conclusion.
15.11. In case of potential problems You may notify Us through the Complaint system on the Platform or the Website.
16.1. You agree that we will send communications to the email address You provided to Us. You agree to keep a working email address and other current contact information and will update your Account information immediately if Your email address or other contact information changes.
16.2. All communications We provide to You by email will be deemed personally delivered to You, whether You actually receive the communication or not.
16.3. You consent to our recording your telephone calls with Us without further notice.
16.4. It is Your responsibility to review all documents delivered to You. We will conclude that all information is correct unless You contact us within ten (10) business days of receiving notice.
16.5. If, for any reason, You do not periodically receive e-mails from Us or the Associated Companies, You agree to notify Us immediately so that we can determine the cause of the notification failure, and take appropriate steps to correct it.
16.6. This consent to electronic delivery will be effective immediately, and will remain in effect unless revoked by Us or by You. You may revoke this consent to electronic delivery at any time by providing written notice to Us. In this case We reserve the right to terminate your Account or, in certain instances, charge You an extra fee if You ask for paper documents.
17.1. Company may not make the Services available in all jurisdictions. We do not provide Services to residents or nationals of countries subject to financial sanctions imposed by the United Nations, the United Kingdom and according to FATF recommendations.
17.2. We may restrict or prohibit the use of the Services from, and by residents or nationals of, the following jurisdictions (Prohibited Jurisdictions):
||ISO 3166-1 alpha3
|United Arab Emirates
|Trinidad and Tobago
17.3. The list in sub-clause 17.3 is not exclusive. The Services on the Platform are provided by the Associated Companies based in various jurisdictions. If You belong to the Prohibited Jurisdiction from the view of only one Service Provider, nevertheless, We cannot grant You access to the Platform.
17.4. Restrictions for the Prohibited Jurisdiction come in force after We get aware of them not after the amendment of these T&C.