Updated: 12 Dec 2024
Terms of Service
1. Introduction
- By accessing or using our website and services, you (“User”) acknowledge that you have read, understood, and agreed to be bound by these Terms of Service (“Terms”) and our Privacy Policy. These Terms govern your use of our services and form a binding agreement between you and the Company (“we,” “us,” or “our”). If you do not agree to these Terms or our Privacy Policy, you must not use our website or services.
2. Eligibility
- To use our services, you must:
- be a natural person of at least 18 years of age.
- be of sound mind and legally capable of entering into transactions.
- not reside in a country where our services are restricted, as outlined in section 4.
- provide accurate and truthful information during registration and transactions.
- have a verified account in good standing with the exchange platform where you are placing an order.
- not be transacting on the behalf of another person without first informing us.
3. Prohibited Activities
The use of our services is strictly prohibited for activities or businesses related to:
- Financial Crimes and Fraud including;
- Money laundering, terrorist financing, or other financial crimes
- Fraud, deception, or false representation
- Ponzi schemes, pyramid schemes, or similar fraudulent investments
- Concealing your identity, location, or engaging in deceptive conduct
- Market Misconduct including;
- Market manipulation
- Wash trading
- Insider trading
- Any other related unethical trading practices
- Unauthorized Financial Services including;
- Operating as an unlicensed payment service provider or money transmitter
- Selling money orders, cashier’s checks, or other financial instruments without proper licensing
- Engaging in financial services from unregulated institutions or shell banks
- High-Risk and Sanctioned Entities including;
- Banks or financial entities without a physical presence or that violate compliance laws
- Shell banks, bearer share entities, or businesses involved in nuclear energy, arms, or the ivory trade
- Businesses involved in restricted financial services such as credit repair or bail bonds
- Illegal Goods and Services including;
- Purchase or sale of goods or services on illegal marketplaces
- Counterfeit items including fake IDs, stolen, smuggled, or illicit goods
- Intellectual property violations, including unauthorized sale of copyrighted or trademarked items
- Weapons and Controlled Substances including;
- Firearms, ammunition, explosives, or accessories intended for conflict
- Narcotics, controlled substances, drug paraphernalia, or unregulated pharmaceuticals
- Anabolic steroids, SARMs, tobacco, e-cigarettes, and marijuana-related products
- Adult and Illicit Services including;
- Pornography, prostitution, escort services, or sexually explicit services
- Misleading or false advertising, blackmail, or extortion
- Payment of ransom or use of anonymity-enhancing services like TOR markets, mixers, or tumblers
- Compliance Violations including;
- Transacting on behalf of others without proper authorization (e.g., as an intermediary or agent)
- Using proceeds from criminal activity
- Any activity that violates local, national, or international laws, or is deemed high-risk or unacceptable by us or our payment partners
Violating these prohibitions is likely to result in permanent suspension or termination, transaction blocking, fund freezing, and possible reporting to relevant law enforcement agencies.
4. Restricted Locations
- Our services are not available to individuals who reside in the following countries: Afghanistan, Belarus, Central African Republic, Cuba, Iran, Iraq, Libya, Myanmar, North Korea, Russia, Sudan, Syria, and others as updated from time to time.
5. Compliance with Laws and Sanctions
- You may not use our services if you are a resident, citizen, or under the control of a country subject to international sanctions, including:
- United States embargoes
- United Nations (UN) sanctions
- United Kingdom HM Treasury sanctions
- U.S. Treasury’s Specially Designated Nationals (SDN) List (maintained by OFAC)
- U.S. Commerce Department’s Denied Persons List, Unverified List, or Entity List
- HM Treasury’s Financial Sanctions List
- You intend to use our services to transact with individuals or entities:
- located in a sanctioned country
- listed on any of the above-mentioned sanctions lists
- You further warrant and represent that:
- you are not acting on behalf of any person or entity subject to these sanctions, including in a trustee or intermediary capacity.
- you will comply with all applicable local and international laws when using our services.
- you are solely responsible for determining and paying any applicable taxes resulting from your use of our services.
- We reserve the right to restrict access to our services based on jurisdiction or regulatory risk, at our sole discretion.
6. AML/CFT Compliance
- We maintain a robust Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) program designed to comply with all relevant legal obligations. As part of this commitment, you acknowledge that:
- All users must undergo strict identity verification, including the collection of identification documents for both individuals and beneficial owners.
- Users are screened against multiple international sanctions lists (e.g., OFAC, EU, UN) and may be subject to additional discretionary screening measures.
- Transactions are continuously monitored for suspicious activity, and where necessary, reports may be filed with relevant regulatory or law enforcement agencies.
- We may request additional documentation or information at any time to meet our AML/CFT obligations, and your full cooperation is required.
- We may conduct enhanced due diligence (EDD) on your account at any time. You acknowledge that identity verification and EDD procedures may delay access to processing your order.
- Our compliance program is managed by a dedicated AML/CFT Compliance Officer, with strong oversight and a culture of regulatory compliance.
7. Account Responsibilities and General Conduct
- You bear full responsibility for any actions taken under your account, whether authorized by you or not.
- You are responsible for maintaining the confidentiality of your account details. We reserve the right to suspend or terminate accounts if the account details are compromised.
- You must be the only person accessing your account and must notify us promptly of unauthorized use.
- You warrant, represent, and agree to be solely responsible for maintaining your personal details confidential and safeguarding your virtual currency. Any compromise of your P2P account login information may expose your account to unauthorized access which may result in theft or loss.
- You must not use systematic, repetitive, or resource-intensive methods that could place an unreasonable load on our infrastructure, or engage in any activities that may interfere with or negatively affect the operation of our website, services, or the experience of other users.
8. Price and Execution of Orders
- The displayed ad price of an asset reflects the Company’s willingness to buy or sell.
- We are not obliged to modify, suspend or reject any order instructions that we have received.
- Orders finalize only after satisfactory identity verification.
- Executed transactions are subject to fees. Refunds for canceled transactions deduct applicable fees.
- Executed transactions are final and cannot be reversed.
9. Intellectual Property
- You may not copy, redistribute, or reverse engineer our intellectual property.
- You indemnify the Company for unauthorized use or infringement.
10. Availability of Services and Website
- We do not guarantee that our services will be uninterrupted or error-free. All services are provided “as is,” without any express or implied warranties of any kind.
- The Company is not liable for any damages or interruptions caused by internet-related risks, including but not limited to computer viruses, malware, spyware, trojans, worms, phishing, spoofing, or other cyberattacks that may affect your system or equipment.
- You acknowledge that such events may cause delays in processing your orders and transactions. The Company shall not be liable for any delays, performance failures, or service interruptions resulting from causes beyond its reasonable control, including but not limited to acts of God, civil or military actions, terrorism, civil unrest, strikes, fires, telecommunications or internet outages, equipment or software failures, changes in law, regulations, or policy, events of force majeure, delays or inaccuracies in the transmission of orders, or any other unforeseen events.
- We will however use reasonable endeavours to ensure that our services can normally be accessed by you in accordance with these Terms.
- The Company may terminate, change, suspend or discontinue any aspect of this Website or the Services at any time without notice.
11. Risks
- You understand that:
- prices of virtual currencies fluctuate rapidly, leading to potential profits or losses. Significant risks of losses exist due to market dynamics. Past performance is not indicative of future performance.
- virtual currencies are not governed by a comprehensive regulatory framework, offering no protections similar to those for traditional financial products, making them inherently riskier than fiat money.
- virtual currencies are vulnerable to software failures, as well as malicious electronic or physical attacks, potentially causing loss or theft.
- the company depends on reputable institutions but cannot be held responsible for any failures or disruptions on their end.
- other unmentioned risks may apply, and individuals should seek independent advice before engaging with virtual currencies.
12. Suspension, Termination, and Cancellation
- We reserve the right to:
- suspend or terminate services without notice.
- withhold any payment or transfer of Fiat Money and/or Virtual Currency.
- restrict access or withhold payments.
- We may suspend your access to services if:
- we reasonably believe that your conduct could harm our reputation or bring us into disrepute.
- we receive a request from law enforcement or a government agency to do so.
- you are currently subject to sanctions.
- you breach any of these terms.
- The exercise of our right to terminate services does not affect any other rights or remedies available under these Terms or by law. In the event that the Company exercises any of these rights, it is not obligated to provide any reason or justification.
- Termination does not relieve you of any outstanding obligations.
- We reserve the right, at our sole discretion, to delete your account and all associated data from our servers, except for any information we are required to retain for legal or operational purposes.
- While we will make reasonable efforts to notify you of any restriction, suspension, or termination of your access to our services, we may be legally prohibited from doing so. You acknowledge and agree that we are not obligated to disclose the reason for such actions, and we shall not be liable for any resulting loss or inconvenience.
13. Limitation of Liability and Indemnity
- The services and website are provided "as is," without any warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not guarantee uninterrupted or error-free access to or functionality of the website or services.
- The Company is not liable for any direct, indirect, incidental, or consequential damages (e.g., loss of profits, data, reputation) arising from the use of the website or services. Liability is excluded for any errors made by you, such as providing incorrect wallet addresses or relying on website information without verification.
- Liability is not limited in the following cases:
- Death or personal injury caused by negligence.
- Fraud or fraudulent misrepresentation.
- Any other losses that cannot be excluded by law.
- Users are responsible for verifying the accuracy of information on any associated website or service used to facilitate your transaction.
- You agree to indemnify the Company and its affiliates from any losses, damages, or costs arising from your breach of these Terms, misuse of the services, or violations of laws or third-party rights.
- You agree to reimburse the Company for losses resulting from chargebacks or reversals.
- The Company is not liable for any amendments, suspension, or termination of the services, website, or Terms.
- We are not responsible for providing support, advice, or communication regarding your cryptocurrency once the order is complete.
- The content, products, and services provided by the Company, including but not limited to information shared on our website or through communication with our representatives, are for informational purposes only. They should not be construed as financial, investment, legal, or tax advice.
- All transactions and decisions regarding virtual currencies, fiat exchange, or any other financial activity are made solely at your discretion and risk. We do not act as a fiduciary, advisor, or broker on your behalf. Any reliance on the information provided by the Company is strictly at your own risk.
- We disclaim any responsibility for how you choose to use your funds after completing a transaction through our services. We strongly advise consulting a qualified financial advisor or professional before making any financial decisions.
- You acknowledge that we may be required, under applicable AML/CFT laws, to pause, freeze, or delay transactions. In such cases, we will act in good faith and only for the period necessary to complete our investigation or comply with our legal obligations. We are not liable for any losses incurred by you as a result of such actions, provided they were taken in compliance with our legal or regulatory duties.
- You agree that any losses resulting from the termination of a transaction, including any associated expenses, fees, or commissions, may be deducted from funds we hold on your behalf. If the loss exceeds the amount of funds held, you agree to repay the remaining balance within 7 days of receiving notice of the total amount due.
- During each transaction, escrowed assets are held and controlled exclusively by the exchange platform. We do not have access to, nor do we exercise custody or control over, any funds or digital assets held in escrow by these platforms. In the event that an exchange platform becomes insolvent, experiences a technical failure, or fails to release assets from escrow for any reason, we accept no liability for any resulting loss, delay, or inability to access those funds. By using our services, you acknowledge and accept that you assume full responsibility for the risks associated with third-party exchange escrow systems. These risks may include, but are not limited to, platform insolvency, operational failure, or fraudulent activity. We strongly recommend that you independently review and understand the terms of service, risk disclosures, and operational practices of any exchange platform you use in connection with our services.
14. Changes to Terms
- The Company reserves the right, exercisable at any time at its sole discretion, to add to or remove, modify or otherwise change any part of these Terms. Changes will be effective immediately at such time as the Terms of Use are posted on this Website.
- Continued use of our services constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms regularly.
15. Notices and Communication
- Communication made to the company must be made by email to: legal@hexiscrypto.com
- All communications directed to you will be sent to your registered email address and will be written in English.
- You acknowledge that transmitting information over the internet, including emails to and from us, is not entirely secure or error-free. We recommend exercising discretion when choosing what information to share through these channels.
16. Dispute Resolution
- Any dispute arising out of or in connection with these Terms shall be resolved in accordance with the process outlined in this clause.
- The dispute resolution process may be initiated by either party by serving a written notice detailing the nature of the dispute.
- Both parties agree to make reasonable efforts to resolve the dispute amicably through the following steps:
- Within a reasonable timeframe after the notice is served, the parties shall engage in good-faith discussions, either through email, by phone, via virtual meeting or in person, to attempt to resolve the dispute.
- If the dispute remains unresolved after the initial discussions, the matter shall be referred to senior representatives of both parties, who will engage in further discussions to seek a resolution.
- If the dispute cannot be resolved through the steps outlined above, either party may pursue other remedies available under applicable law, including mediation, arbitration, or legal proceedings.
- Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction if necessary.
17. Entire Agreement
- These Terms represent an addition to any agreement between you and the Company, superseding any prior agreements, whether written or oral, related to the subject matter. In the event of any inconsistency or conflict between the provisions of these Terms of Use and the provisions of any other agreement that you have with the Company, the provisions of these Terms of Use shall govern your access to and use of the Website and the Services.
- You acknowledge that you have not relied on any representations or warranties not explicitly stated in these Terms.
- Nothing in these Terms is intended to limit any rights or remedies that you may have under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993.
- You waive any claims for innocent or negligent misrepresentation based on statements not included in these Terms.