11. General Provisions
Inconsistency. Please take the time to read and understand these Terms before using the Services so that you are aware of your legal rights and obligations. In the event of any inconsistency between these Terms and any Annex, the relevant Annex shall prevail.
No Other Relationship or Advice. XREX is not your broker, intermediary, agent, trustee or advisor and has no fiduciary relationship or obligation to you. XREX also does not provide any advice or participate in any aspect of the user’s investment on the XREX platform. Your decision to invest in any DPT shall solely be yours and you are solely responsible for determining whether any transaction is appropriate for you based on your personal objective, financial circumstances and risk tolerance. You should consult your legal, financial or tax professional regarding your specific situation.
Compliance with Applicable Laws. You must comply with all Applicable Laws and third-party rights (including, without limitation, data privacy laws and AML/CFT laws) in your use of the Services and the Site. You should seek professional advice if in doubt to ensure compliance with all Applicable Laws.
Amendment XREX may, in its sole and absolute discretion, supplement, vary or amend the Terms from time to time immediately upon written notification to the user. XREX will provide written notification of the modification of these Terms either by sending you an email, by updating the “Last Updated” presented at the top of these Terms or by a pop-up window on XREX’s platform. By either (1) clicking the button or a check box presented with the modified Terms to record your consent; or (2) providing your written consent via email to [email protected], indicating your acceptance of the modified Terms, you agree to be bound by the updated or modified Terms. It is your responsibility to review the Terms regularly upon each access or use to ensure that you are aware of any changes made by XREX. If you do not agree to any modification of the Terms, you must immediately cease using the Services. You are responsible for periodically reviewing the Terms. Your continued access or use of the Site and/or Services after such changes are posted, regardless of whether you have reviewed them, constitutes your acceptance of the modified Terms and your agreement that the revised Terms apply to all current and prior use of the Site. Any questions related to these Terms can be directed to our support team via [email protected].
Hardware and Software Requirements It is your responsibility to ensure that you have and will maintain the requisite hardware and software, including cybersecurity software and stable and secured internet, to access the Services and communicate with XREX.
Security Interests. You represent and undertake not to create any security over your Funds held in your Accounts without our prior written consent.
Unclaimed Balances. If we are unable to contact you after making reasonable attempts or your Account is inactive, suspended and/or terminated, and there are balances in the XREX Account that we are not prohibited from transferring to you under Applicable Laws (“Unclaimed Balances”), you expressly acknowledge and agree that we may charge an inactivity or other administrative fee to you, which may be deducted from your Unclaimed Balances, and that we may concert any Unclaimed Balances into any other fiat currency and/or DPTs as we deem appropriate, at such time and rate as we deem appropriate in our sole and absolute discretion. It is your responsibility to contact us to arrange for the transfer of your Unclaimed Balances to you and you must provide us with a bank account or e-wallet address that meets our requirements for you to receive the Unclaimed Balances. Notwithstanding that your Unclaimed Balances may be in one or more fiat currencies and/or DPTs, we shall have no obligation to process a return of all Unclaimed Balances in the same asset and we may require you to convert all Unclaimed Balances into a single fiat currency and/or DPT before returning the Unclaimed Balances to you.
Communications
Should you have any issues, questions, feedback, or comments on the Services or these Terms, you can contact XREX through your designated relationship manager in writing, or send an email to [email protected].
Consent to Electronic Delivery: You consent to receive electronically all Communications that we provide in connection with this Terms, your account, or any Services.
You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to our Support Team by filing a support request at [email protected], or informing your designated relationship manager in writing. If you decline or withdraw consent to receive electronic Communications, we may suspend or terminate your use of the Services.
Requesting Paper Copies
If you have consented to receive Communications electronically and wish to obtain a paper copy of any Communication previously provided to you, you may submit a request within 30 days from the date the Communication was made available, by contacting us at [email protected].
To receive paper copies of the Communications, you must maintain a current street address on file with us. Please note that our Services operate exclusively online, and the production of paper copies imposes a significant administrative burden. Accordingly, by requesting paper copies, you acknowledge and agree that we may charge a processing fee along with any applicable costs in fulfilling your request.
XREX’s Affiliates and Contractors. The Site and any Services may be operated or provided by XREX, its Affiliates, or their respective contractors. Where an Affiliate or contractor of XREX is operating or providing any Services, such Affiliate or contractor shall be subject to the same Terms to the extent applicable.
Entire Agreement. This Agreement sets forth the entire understanding between XREX and you with respect to the Services.
Non-waiver. XREXʼs failure, delay or forbearance in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof, nor will any single or partial exercise of any right under this Agreement preclude any other further exercise of it or any other right of remedy.
Severability. If at any time any provision of the Terms is or becomes illegal, invalid or unenforceable under the laws of any jurisdiction, that shall not affect: (a) the legality, validity or enforceability in that jurisdiction of any other provision of the Terms; or (b) the legality, validity or enforceability under the laws of any other jurisdiction of that or another provision of the Terms.
Force Majeure. XREX has no responsibility or liability for any failure or delays in the performance of any Services, or any Losses that you may incur, due to any Force Majeure Event.
Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us. Where it is in the XREX’s interest to do so, XREX may, from time to time immediately upon written notification to you, assign or transfer to any third party (including, without limitation, to any of its Affiliates) any of the XREX’s rights and obligations under the Terms without your consent and you irrevocably consent to any such assignment or transfer by XREX.
Third Party Contracts Act. Unless expressly provided to the contrary in this Agreement, a person who is not a party to this Agreement (whether or not such person shall be named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to, or identified, in this Agreement) has no rights under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce this Agreement or any of its terms.
Separately Negotiated Arrangements
From time to time, and subject to the Applicable Laws, XREX may at its sole discretion, enter into separately negotiated arrangements with certain users through confidential agreements that supplement specific economic or other terms of this Terms. Such arrangements shall apply to the relevant user’s relationship with XREX and their use of the Services. These arrangements may include, without limitation: (i) different incentives such as modified economic, funding, fee terms, or other payments; and (ii) access to additional or customized market information not generally available to other users.
Any such separately negotiated arrangements will be determined based on factors or considerations determined relevant by XREX in its sole discretion, and may be exclusive to that user. You acknowledge and agree that any separately negotiated arrangement with another user shall not affect the validity or enforceability of these Terms as between you and XREX.
Third Party Websites
The Site may contain information concerning third parties, third party products and services or links to third-party websites or applications. XREX does not monitor, control or endorse these third parties, their products, services, websites or applications. Any links to other websites are provided as a convenience to the user, and does not imply XREX’s endorsement of the linked website or association with their operators.
XREX makes no representation as to the quality, suitability, functionality, accuracy or legality of the materials on third party websites that are linked to, or to any goods and services available for such websites.
To the maximum extent permitted under the Applicable Laws, XREX is not responsible and disclaim all liability for (a) such third party products, services, websites or applications; (b) for any act or omission of these third parties, or (c) any dealings between you and these third parties, whether or not such dealings have been performed or facilitated through the Site, arising out of or in relation to anything done or omitted to be done in relation to these materials, or any delay, inaccuracies or omissions in the materials or any interruption to the supply of materials.
Language. XREX may, in its sole and absolute discretion, translate this Agreement into a language other than the English language. Where XREX has provided a translation of the English language version of these Terms (the “English Version”) for your convenience, the English Version governs the relationship between you and XREX. In the event of any conflict between the English Version and a translation thereof, the provisions in the English Version shall take precedence over any other translation.
Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
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