1. Account
Eligibility for XREX Account application:
Any applicants located in, or of citizenship of, any countries or regions listed on this page will be denied for AML/CFT or other regulatory purposes. This list of the restricted and prohibited jurisdictions will be updated and revised from time to time at the sole discretion of XREX. If you change your residence or nationality, or both, to any jurisdiction on the list, you must notify XREX immediately and cease your use of our Services unless you receive written permission from XREX.
In order to use the Services, you must be at least 18 years of age, and you must have the authority to enter into and execute an agreement to these Terms. In order to leverage any part of the Services, you are required to provide personal information. You hereby warrant that any information provided by you is accurate, complete, and current and you accept that any inaccuracies may lead to XREX, in its sole discretion, ceasing its Services, freezing your XREX Account, assets, and access at any time and without prior notification.
You are not a designated individual or entity as defined or set out in the Singapore Sanctions Laws.
Relationship of the Parties: XREX is an independent contractor for all purposes. Nothing in this Agreement is intended to or shall operate to create a partnership, joint venture, or employment relationship between you and XREX, or authorise you to act as agent of XREX.
XREX Account
In order to access some of the Services, you must complete our identity verification questionnaire and provide accurate and truthful details and documentation as required by our policies and procedures. You agree that XREX may share the relevant data with certain third parties contracted by XREX to perform verification of the data and documentation provided by you and to ascertain your status as required by the Applicable Laws of the jurisdiction(s).
Corporate Account: Individuals with the intent to use the Services on behalf of an enterprise or legal entity must request a Corporate Account when such accounts are made available on our platform. If you use the Services on behalf of an enterprise or legal entity without registering for a Corporate Account, you do so at your own risk and you agree and accept that your XREX Account may be restricted, access to your XREX Account may be prevented, and access to your Funds may be withheld pending a full investigation of your background and the enterprise or legal entity on whose behalf you are accessing the Services. You also agree that your details and the results of such an investigation will be shared with the relevant regulatory authorities.
Advanced Account: At its sole discretion, XREX may grant additional benefits, rewards, or features for qualified users as Advanced Account holders (such as premium accounts). Notwithstanding the foregoing, Advanced Account holders are still users under these Terms, not contractors, representatives, or agents of XREX, and you shall contact XREX directly to confirm the information regarding any benefits or rewards when using the Services for an Advanced Account.
Access to your Account: You must not sell or otherwise make your XREX Account accessible to any unauthorised person. You are fully responsible for maintaining the security and confidentiality of your username, password and any other access credentials to use and/or access your Account, and all activities that occur in connection with your Account.
Responsibility for Actions
Authorised Actions: Any instruction or Communication sent from or is otherwise referable to your XREX Account (e.g., an email sent from the email address that you have registered with us in setting up your Account), or any of your contact information, shall be deemed to be authorised and is binding on you. XREX is not obliged to verify the identity or authority of any persons using your XREX Account and we shall be entitled to accept and place full reliance on any instruction or Communication sent from or is otherwise referable to your Account.
Unauthorised Actions: Any unauthorised use of your XREX Account will constitute a breach of this Agreement and in case of such breach, XREX has the right, without prejudice to any of our rights or remedies under Applicable Laws, to terminate, suspend or restrict your access to your Account, terminate the provision of all or part of the Services to you, as well as take any other action as we deem fit, whether for a specified period of time or indefinitely. If you notice any unauthorised or suspicious log in or activity in your XREX Account or in the event of any breach of security, loss, theft or unauthorised use of your username, password, security information or any other access credentials to access or use our Services, you must notify us in writing immediately through your designated relationship manager and provide us with a police report and any other information and documents as we may require. You shall also immediately take steps to restrict access to your Account, which can be done via the Services or other means.
No Liability: You acknowledge and agree that none of the Indemnified Parties shall not be liable to you or any other person or entity for any direct, indirect, special or consequential losses (including loss of profits, business or opportunities), damages or costs by reason of, or arising from, or as a consequence of, your XREX Account being used by a third-party, whether authorised or unauthorised by you.
Account Funding
Deposits:
Only users who have passed the KYC checks (including identity verification) can deposit DPTs and Fiat Money from their e-wallet and/or bank account under their name (and their name only) into its XREX E-Wallet and its/their Safeguarding Account. You can view your balance of DPTs and Fiat Money from your XREX Account. If you send DPTs to the incorrect e-wallet address or if you send unsupported DPTs, these may be lost forever, and XREX will not accept responsibility for such lost Funds or digital assets. Any funds you send to the XREX E-Wallet addresses or Safeguarding Account will not receive any interest unless specifically stated otherwise on the Site or the XREX Pay.
Deposit amounts may be subject to limits depending on the level to which you have verified your identity and/or provided additional information requested by us.
Withdrawal
Only users who have passed the KYC checks can withdraw DPTs and Fiat Money from the XREX Account. You will be required to maintain enough Funds in your XREX E-Wallet or Safeguarding Account to cover any pending transactions and fees to be incurred. Any Funds in excess of those committed to your transactions may be withdrawn to an external e-wallet, in the case of DPTs, or to an external bank account under your name (and your name only), in the case of Fiat Money.
XREX may require you to verify your ownership of any external wallets or bank accounts prior to approving your withdrawal requests. Please note that XREX is unable to reverse any withdrawal transactions and therefore accepts no responsibility for amounts sent to incorrect, improperly formatted, or erroneous addresses, or addresses of a different type of DPT than the one stipulated in the withdrawal request.
XREX has the right to impose such conditions and limits to the amounts that you can transfer in or out of your XREX E-Wallet and Safeguarding Account at any time, depending on third-party requirements such as those of financial institutions, or in accordance with our internal policies.
You hereby authorise XREX to deduct from the Funds in your XREX Account the fees charged by XREX before XREX sends the amounts to any approved external wallet address and/or bank account specified by you when using the Service.
Other Account Funding Terms
You hereby accept to bear any fees charged by third parties when making transfers to external wallet addresses or bank accounts, in addition to the fees charged by XREX when executing transfers on your behalf.
You also accept responsibility for ensuring that any transfer request, whether inbound or outbound, complies with XREX’s requirements under these Terms, with the requirements of any third-party service providers or DPT requirements for processing such a request. For transfers of DPTs, you accept all responsibility for ensuring e-wallet addresses are properly formatted, correct, and suitable for the type of DPT being transferred.
You further accept responsibility for ensuring that there are no errors in your transfer instructions when using the Services. You hereby agree and accept that if you do not comply with any of the above requirements, your DPTs may be permanently lost and you agree to hold XREX harmless and waive any and all claims against XREX under such circumstances.
The timing of completion of transactions is contingent on the availability of third-party networks and XREX provides no guarantees as to how long it takes for a transaction to be completed.
XREX may suspend or even terminate your ability to make transfers into or from either your XREX E-Wallet or Safeguarding Account or both, in order to comply with Applicable Laws or at XREXʼs own discretion if XREX has reasonable grounds to suspect any wrong-doing on your part.
You may receive transfers of supported DPTs from supported blockchain addresses into your XREX E-Wallet. We may require you to assist with the verification of the identity of the owner of the supported blockchain address and you agree to provide us with any and all information, documents and/or materials that we may from time to time request for such purposes, and you permit us to keep a record of all such information, documents and materials for so long as we are required or permitted to do so under Applicable Laws, including beyond the termination of your Accounts. In providing us with such information, documents and/or materials that we request, you confirm (a) the accuracy, completeness, and authenticity of all such information, documents, and materials, and (b) you have not withheld any information, document or material that may influence our verification of the identity of the owner of the relevant blockchain address.
Prohibited Use and Activities You will not violate any law, regulation, contract, intellectual property, or another third-party right, or commit a tort while using the Services; use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; engage in any type of market manipulation. Market manipulation activities include, but are not limited to, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing and layering, regardless of whether it is prohibited by law; use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities; use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data; use or attempt to use another userʼs account without authorisation; attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorised to access, or attempt to access the Services from any location or jurisdiction in which you are prohibited from accessing the Services; introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material; develop any third-party applications that interact with our Services without our prior written consent, or unless otherwise agreed; provide false, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; post content containing unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the Service; post content containing private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers; promote, offer, use or otherwise exploit the Services or use or otherwise exploit any data related thereto in connection with the formation, operation or offering of any index fund or similar product or any data package or similar product or any other derivative product utilizing the Site or the Services; or encourage or induce any third-party to engage in any of the activities prohibited under this Paragraph 1.
Copyright Violations: XREX has a policy of limiting access to our Services and terminating the accounts of users who infringe our or others’ intellectual property rights. If you believe that anything on the Services infringes any copyright that you own or control, you may notify us via email at [email protected]. In addition, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, we shall hold you liable for all of our costs and damages caused by your misrepresentation.
Remedies: If you violate any of these Terms, XREX may, as it determines reasonably necessary to remedy or mitigate your violation, delete all or part of such information transmitted by you, suspend or cancel your account, or confiscate DPTs owned by you without any prior notice to you. XREX shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by us pursuant to this paragraph. Any right or remedy of XREX set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under the statute, at law, or in equity.
Representations, Warranties and Undertakings When you use the Services, you hereby represent, warrant and undertake to XREX at all times that:
you have full power, authority and capacity to (i) access and use the Site and/or the Services; and (ii) enter into and deliver, and perform your obligations under, this Agreement and any other agreements entered into pursuant to, or in connection with this Agreement;
this Agreement and any other agreements entered into pursuant to, or in connection with, this Agreement constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms;
(in the case of an entity) you are duly incorporated, organized and validly existing under the laws of your jurisdiction and have full power to conduct your business;
(in the case of an individual) you are at least 18 years old or of legal age to form a binding contract under all Applicable Laws, and have full mental capacity to enter into this Agreement and any other agreements entered into pursuant to, or in connection with, this Agreement, and to make decisions regarding your investments or transactions;
all consents, permissions, authorisations, approvals and agreements of third parties, and all authorisations, approvals, permissions, consents, registrations, declarations, filings with any regulatory authority, governmental agency, commission or other organization having jurisdiction over you which are necessary or desirable for you to obtain in order to (i) access and use the Site and/or the Services and (ii) enter into and deliver, and perform the transactions contemplated under this Agreement and any other agreements entered into pursuant to, or in connection with, this Agreement, have been unconditionally obtaining in writing and have been disclosed in writing to us and have not been withdrawn or amended;
all the activities that you undertake during the use of the Services will be in compliance with all Applicable Laws;
your access and use of the Site and/or the Services, your execution and delivery of, and the performance of your obligations under this Agreement and any other agreements entered into pursuant to, or in connection with, this Agreement, will not (i) result in a breach of or conflict with any provision of your constitution, (ii) result in a breach of, or constitute a default under, any instrument, agreement document or undertaking to which you are a party or by which you or any of your property is bound or subject and (iii) result in a breach of any Applicable Laws;
all documents, materials and information you have provided to XREX are true, accurate, complete and updated in all respects, and may be relied upon by us in determining your eligibility to access the Site and use the Services;
you have sufficient knowledge, sophistication and experience as to be able to evaluate the merits and risks of each transaction and are acting on your own account and have made your own independent decision to enter into each transaction and assessed whether the transaction is appropriate or suitable for you based on your own judgment or upon professional advice obtained independently of us;
there is no pending claim, action, suit or proceedings at law or in equity (in any jurisdiction) before any court, tribunal, governmental body, agency, official or any arbitrator that is likely to affect the legality, validity or enforceability against you and/or the legal entity you act on behalf of, or your ability to perform the obligations under this Agreement; and
you have not suffered any Insolvency Event.
Suspension, Termination and Cancellation
You agree that XREX shall have the right, in its sole and absolute discretion, without prior notice to you or any other users, to refuse to act upon any instruction, refuse to complete or block, reverse, cancel, modify and/or disregard any request or transaction you have authorised or instructed, immediately suspend, restrict your access to, and/or terminate your Account or the Services, and/or freeze or liquidate your Funds in your Account, whether for a specified period of time or indefinitely, and/or refuse to transmit information or instructions to third parties, for any reason including but not limited to where:
we are of the opinion that we are required to do so by any Applicable Laws;
we reasonably believe that doing so will protect our reputation or goodwill;
you have not complied with, or we reasonably suspect you to be acting in breach of, any terms of this Agreement;
we detect any unusual activity in relation to your Accounts;
we detect any unauthorised access to your Accounts;
we have determined or reasonably suspect that any transaction is erroneous, unauthorised, fraudulent or unlawful or we suspect your Accounts and/or the Services are being used in a fraudulent, unauthorised or unlawful manner;
we have concerns about the security of your Accounts;
we have determined or suspect that there is an occurrence of money laundering, terrorism financing, fraud or any other financial crime;
we have determined or suspect that your Funds have been stolen or otherwise are not lawfully possessed by you;
we have determined or suspect that you have directly or indirectly registered an Account in another person’s name;
any information that you have provided to us is untruthful, inaccurate, outdated or incomplete in any respect;
you have conveyed your unwillingness to accept any of the revised or updated terms, conditions or provisions of the amended Agreement;
we have determined in our sole and absolute discretion that we no longer want to continue to have any business relations with you; and
you have requested in writing that we terminate or suspend the provision of any Services to you.
In the event of discontinuation of any or all Services or other termination of your right to access all Services: (a) all amounts payable by you to us will immediately become due; (b) we may delete or deactivate your XREX Account and all related information and files in such account without liability to you; (c) we may cancel any transaction requests that are pending at the time of discontinuation or termination.
In the event of discontinuation or termination of any or all Services or discontinuation or termination of transfer or storage Services for all or some DPTs, we will, unless prohibited under Applicable Laws give you a reasonable period to remove the affected DPTs and any Fiat Money from your XREX Account.
Acceptance of Terms
If you do not agree to the Agreement, please do not visit, access, or use the Site or Services, or create an account. The electronic acceptance, acknowledgement of the Agreement or continued use of the Site or Services shall constitute an acceptance of the Agreement, which shall take effect upon your first access of the Site or Services. Any failure to comply with the Agreement may constitute a violation of Applicable Laws. XREX reserves the right to suspend, disable or cancel your account at any time and without notice to you if it deems that you have failed to comply with the Agreement.
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