TERMS
Crypto AQ (website: https://www.crypto-aq.com) is a Bitcoin-based
virtual trading platform that was incorporated under the International
Business Companies Act of 1994 of the Republic of Seychelles.
Use of this Crypto AQ website (“Website”) and the service offered on the
Website (“Service”) are governed by the terms contained on this Terms
and Conditions page (“Terms”). This agreement entirely constitutes the
agreement between the parties. All other information provided on the
Website or oral/written statements made are excluded from this
agreement; the exchange policy is provided for guidance only and does
not constitute a legal agreement between the parties.
By accessing, viewing or downloading information from the Website and
using the Service provided by Crypto AQ you acknowledge that you have
read, understand, and unconditionally agree to be bound by these Terms.
Crypto AQ may at any time, without notice, amend the Terms. You agree to
continue to be bound by any amended terms and conditions and that
Crypto AQ has no obligation to notify you of such amendments. You
acknowledge that it is your responsibility to check these Terms
periodically for changes and that your continued use of the Website and
Services offered by Crypto AQ following the posting of any changes to
the Terms indicates your acceptance of any such changes.
The Website and the copyright in all text, graphics, images, software
and any other materials on the Website is owned by Crypto AQ including
all trademarks and other intellectual property rights in respect of
materials and Service on the Website. Materials on this Website may only
be used for personal use and non-commercial purposes.
You may display on a computer screen or print extracts from the Website
for the above-stated purpose only provided that you retain any copyright
and other proprietary notices or any Crypto AQ trademarks or logos, as
shown on the initial printout or download without alteration, addition
or deletion. Except as expressly stated herein, you may not without
Crypto AQ’s prior written permission alter, modify, reproduce,
distribute or use in any other commercial context any materials from the
Website.
You shall not in any circumstances obtain any rights over or in respect
of the Website (other than rights to use the Website pursuant to these
Terms and any other terms and conditions governing a particular service
or section of the Website) or hold yourself out as having any such
rights over or in respect of the Website.
Definitions
“Agreement”
means the Terms and Conditions of Use herein.
“Data”
means any data input by you or with your authority into the Website.
“Intellectual Property Rights”
means any registered or unregistered design rights, patents, copyright,
database rights, data protection rights, trade marks, service marks,
moral rights, know-how and any other intellectual or industrial property
rights, anywhere in the world.
“Member”
means any current registered user of Crypto AQ.
“Service”
means all services made available (as may be changed or updated from time to time by Crypto AQ) via the Website.
“Website”
means any of the images, written material, databases, software or other
material available on any website owned or operated by Crypto AQ.
- Access Conditions
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You will ensure that all usernames and passwords required
to access the Website are kept secure and confidential. You will
immediately notify Crypto AQ of any unauthorised use of your passwords
or any other breach of security and Crypto AQ will reset your password.
- When accessing and using the Service, You must:
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not attempt to undermine the security or
integrity of Crypto AQ’s computing systems or networks or, where the
Services are hosted by a third party, that third party’s computing
systems and networks;
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not use, or misuse, the Services in any way
which may impair the functionality of the Services or Website, or other
systems used to deliver the Services or impair the ability of any other
user to use the Services or Website;
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not attempt to gain unauthorised access to the
computer system on which the Website is hosted or to any materials other
than those to which you have been given express permission to access;
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not transmit or input into the Website any files
that may damage any other person’s computing devices or software;
content that may be offensive; or material or Data in violation of any
law (including Data or other material protected by copyright or trade
secrets which you do not have the right to use);
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not attempt to modify, copy, adapt, reproduce,
disassemble, decompile or reverse engineer any computer programs used to
deliver the Services or to operate the Website except as is strictly
necessary to use either of them for normal operation.
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You will ensure that all usernames and passwords
required to access the Website are kept secure and confidential. You
will immediately notify Crypto AQ of any unauthorised use of your
passwords or any other breach of security and Crypto AQ will reset your
password;
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Use of the Service may be subject to limitations,
including but not limited to transaction volumes and the number of calls
permitted to be made against Crypto AQ’s application programming
interface. Any such limitations will be advised.
- By registering as a Member you represent and warrant:
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that you have accepted the Terms; and
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that you are at least 18 years of age and have the capacity to accept the Terms;
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that you are the legal owner of the funds you add
to your account with Crypto AQ and that the same funds derive from a
legitimate source;
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that using Crypto AQ services does not constitute a breach of your home jurisdictions’ laws;
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that you are aware of the risks in using the
services provided by Crypto AQ. These risks include the high volatility
risk of Bitcoin itself, the fact that you may lose all of the funds in
your trading account if the market moves against you;
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that you will not be involved or initiate any form
of market manipulation, including spoofing orders or otherwise;
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that the information or documents you provide as
part of any ID verification process are correct, genuine and up-to-date;
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that any Bitcoin withdrawal address you provide is
your own and that you have full control over this address;
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that you are not a resident of the United States
of America, Cuba, Crimea and Sevastopol, Iran, Syria, North Korea, or
any other jurisdiction where the services offered by Crypto AQ are
restricted. If it is determined that you have given false representation
as to your place of residence, Crypto AQ reserves the right to close
your account immediately and liquidate any open positions at the
prevailing market price.
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You can open an initial account by providing your email address and full name (Initial Account).
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Crypto AQ reserves the right at any time to verify your
identity for the purposes of complying with the Seychelles’ Anti-Money
Laundering Act 2006.
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We impose certain trading limits before you are required
to conduct Customer Due Diligence (CDD). You agree to cooperate with us
in this process and will provide all documentation/information that we
may require to satisfy ourselves of your identity and the purpose of the
business relationship.
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We may freeze any Account in the event that we suspect or
have reason to believe you are engaged in suspicious trading or other
activity or have breached any of the above warranties. This may result
in the unwinding of any trades you have entered into. We expressly
exclude any losses or profits you would have made as a result of us
closing your trade positions early or you not being able to trade on
Crypto AQ and you agree to indemnify us completely against any third
party action resulting from your conduct or us having to close your
positions early. Whilst your Account is frozen we will conduct an
investigation and may require you to cooperate with our enquiries.
During the investigation stage you will not be able to make deposits or
withdrawals to your Account nor will you be able to trade. At the end of
the investigation we may, at our own discretion, decide to close your
Account for which we are not required to provide you with any reasons
for the same.
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We reserve the right at our own discretion to close your
Account with 7 days notice. You will therefore have 7 days in which to
close your positions. If at the expiry of that period your positions are
still open we will force close them and return to you any remaining
Bitcoin left in your Account.
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It is your responsibility entirely to provide us with
correct details including your withdrawal address. We accept no
liability resulting in you not receiving the Bitcoin withdrawn due to
you providing incorrect or out-of-date details. It is also your
responsibility to ensure transactions sent to Crypto AQ are
well-formatted and denominated in the correct currency. Crypto AQ
excludes all liability for any incorrect transactions, including but not
limited to Litecoin sent to Bitcoin addresses.
- Intellectual Property Rights
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All intellectual property rights relating to all the
material used on the Website including, but not limited to, design,
structure, layouts, graphical images and underlying source code belongs
to Crypto AQ. All rights are reserved.
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You acknowledge that, except as otherwise agreed between
the parties in writing, all intellectual property rights of Crypto AQ
and the Website shall remain with Crypto AQ.
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By submitting content to any public area of the Website,
including blogs, message boards, and forums, you grant Crypto AQ a
royalty-free, perpetual, irrevocable, non-exclusive right and licence to
use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, communicate to the public, perform and display
the content (in whole or in part) worldwide and to incorporate it in
other works in any form, media, or technology now known or later
developed, for the full term of any rights that may exist in such
content. You also permit any subscriber to access, display, view, store
and reproduce such content for personal use.
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By submitting any content to the Website you warrant
that you are entitled to and have all necessary intellectual property
rights over that content.
- Data Protection
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Crypto AQ may place information concerning you on a
database of internal use only. Crypto AQ will not disclose your details
to any third party unless required by law, unless specifically
instructed to the contrary by you.
- Warranties and Representations
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You acknowledge that:
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You are authorised to access and use the Website; In
particular, the jurisdiction where you reside, hold citizenship, or
conduct business allows you to utilize Crypto AQ’s services;
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If you are using the Website on behalf of or for the
benefit of any organisation then it is assumed that you have the right
to do so. The organisation will be liable for your actions including any
breach of these Terms;
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Your use of the Website and the Service is at your own
risk. You agree that Crypto AQ is not liable for any damage or harm
arising out of your use of the Website and Service;
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The information provided on the Website is for general
information purposes only and is given in good faith. However, the
information is selective and Crypto AQ may not verify all information,
which may not be complete or accurate for your purposes and should not
be relied upon without further enquiry. The information should not be
construed as a recommendation to trade or engage the Service provided by
Crypto AQ in a particular manner; and
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Crypto AQ does not warrant that the use of the Website
will be uninterrupted or error free. Among other things, the operation
and availability of the systems used for accessing the Website,
including public telephone services, computer networks and the Internet,
can be unpredictable and may from time to time interfere with or
prevent access to the Website. Crypto AQ is not in any way responsible
for any such interference that prevents your access or use of the
Website and the Service.
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Crypto AQ gives no warranty about the Website. Without
limiting the foregoing, Crypto AQ does not warrant that the Website will
meet your requirements or that it will be suitable for your purposes.
To avoid doubt, all implied conditions or warranties are excluded
insofar as is permitted by law including, without limitation, warranties
of merchantability, fitness for purpose, title and non-infringement.
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You warrant and represent that you are acquiring the
right to access and use the Website and agreeing to these Terms for the
purposes of a business and that, to the maximum extent permitted by law,
any statutory consumer guarantees or legislation intended to protect
non-business consumers in any jurisdiction does not apply to the supply
of the Website or these Terms.
- Service Performance
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Crypto AQ denies all liability for the timely operation of
the Website when used within an Internet environment, where you or a
third party is providing the computer equipment upon which the product
is depend upon for any part of its functionality.
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By using this service you confirm your understanding that
the timely operation of the Internet and the World Wide Web is governed
by constraints beyond the control of Crypto AQ. You accept that Crypto
AQ is not liable for any perceived slow operation of the Website.
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By using this service you accept that all trade executions are final and irreversible.
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By using this service you accept that Crypto AQ reserves
the right to close any contracts at any time regardless of the profit or
loss position.
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Crypto AQ does not warrant that the Service will meet your
requirements; that the Service will be uninterrupted, timely, secure,
or error-free; that the information provided through the Service is
accurate, reliable or correct; that any defects or errors will be
corrected, or that the Service will be available at any particular time
or location. You assume full responsibility and risk of loss resulting
from your use of the Service.
- Indemnification
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You agree to indemnify and hold harmless Crypto AQ, its
contractors, and its licensors, and their respective directors,
officers, employees and agents from and against any and all claims and
expenses, including attorneys’ fees, arising out of your use of the
Website, including but not limited to your violation of this Agreement.
- Limitation of Liability
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In no event will Crypto AQ, or its suppliers or licensors,
be liable with respect to any subject matter of this agreement under
any contract, negligence, strict liability or other legal or equitable
theory for: * i) any special, incidental or consequential damages; (ii)
the cost of procurement or substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any
amounts that exceed the fees paid by you to Crypto AQ under this
agreement during the twelve (12) month period prior to the cause of
action. Crypto AQ shall have no liability for any failure or delay due
to matters beyond their reasonable control. The foregoing shall not
apply to the extent prohibited by applicable law.
- Calculations
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All calculations performed by the Crypto AQ and as verified by Crypto AQ are final.
- Termination & Remedies for Breach of these Terms by You
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Crypto AQ reserves the right to seek all remedies
available at law and in equity for violations of these Terms, including
without limitation, the right to restrict, suspend or terminate your
account or deny you access to the Website without notice; and
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Crypto AQ shall be entitled to disclose your user identity
and personal details if required or requested by a court of law,
governmental agency or any other law enforcement authority in such
circumstances as Crypto AQ in its sole discretion considers reasonably
necessary or appropriate.
- Absence of Waiver
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Any failure or delay by Crypto AQ to enforce any of the
Terms or to exercise any right under the Terms will not be construed as a
waiver to any extent of our rights.
- Force Majeure
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Neither party is liable for delay in meeting its
obligations due to any cause outside its reasonable control including
acts of god, riot, war, malicious acts of damage, fires, electricity
supply failure, Government authority.
- Survival
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Should any provision of these Terms be held to be void,
invalid, unenforceable or illegal by a court, the validity and
enforceability of the other provisions shall not be affected. If any
provision is determined to be unenforceable, you agree to an amendment
by Crypto AQ of such provision to provide for enforcement of the
provisions intent, to the extent permitted by applicable law.
- Governing Law
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The Terms are governed by and construed in accordance with
English common law. The International Business Companies Act 1994 is
the principal legislation that governs corporates in the Republic of
Seychelles.