- Purpose and Scope
These terms and conditions (“General Terms”) govern your use and access of the website [●] (the “Website”), the mobile application (the “App”) and all content or web pages thereunder, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available therein and the functionalities or services provided therein are owned and operated by or on behalf of Securrency Capital Limited (ADGM Commercial License Number: 000001415).
By accessing and/or using the Website, the App or the materials therein, you are indicating your acceptance and agreement to these General Terms, regardless of whether you or not you choose to register for an account. If you do not accept these General Terms, you must stop using/accessing the Website, the App and the materials therein.
Securrency Capital Limited may from time to time amend or update these General Terms to ensure that these General Terms are consistent with future developments, industry trends and/or any changes in legal or regulatory requirements or as we deem appropriate. Such changes will be published here and effective and binding on you upon publication or such other timing as Securrency Capital Limited may specify in writing. Please check these General Terms regularly for updated information/version. You agree that any notification of amendments in the manner as aforesaid shall be sufficient notice to you, and your continued access and/or use of the Website, the App and/or the materials therein shall constitute an affirmative acknowledgement by you of the amendments and shall be deemed to be your acceptance of the revised terms.
- Account application and registration
Securrency Capital Limited may require you to complete and sign an account application or register for an account before making certain areas of the Website, the App and the services offered by Securrency Capital Limited available to you.
- Intellectual Property
Securrency Capital Limited grants a revocable, limited, royalty free, non-exclusive, non-sublicensable and non-transferrable license to access the Website and/or the App in accordance with these General Terms for your personal or internal use only. Such usage is only for permitted purposes and any other usage is strictly prohibited.
By accessing the Website and/or the App, you agree that, save as set out above, these General Terms do not grant you any rights or licenses to the Website or the App. Accordingly, you hereby agree that Securrency Capital Limited transfers no ownership or intellectual property interest or title in and to the Website, the App or any Securrency Capital Limited intellectual property to you or anyone else in connection with use of the Website or the App. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression and arrangement of any content contained on or available through the Website and the App are exclusively owned or controlled by, and/or licensed by Securrency Capital Limited.
Securrency Capital Limited and its affiliates reserve and retain all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to the products, services and all content, information and data contained in or provided on or via the Website, the App and/or the materials contained therein (including all texts, graphics and logos). You may not do anything that will violate or infringe such intellectual property rights and, in particular, you shall not copy, download, publish, distribute, transmit, disseminate, sell, broadcast, circulate, exploit (whether for commercial benefit or otherwise) or reproduce any of the information or content contained in or provided on or via the Website, the App or the materials contained therein in any form without the prior written permission of Securrency Capital Limited. Further, no part or parts of the Website, the App or any materials contained therein may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Securrency Capital Limited. All rights, title and interest in the Website and the App, any information, material and content thereon, all technology and content created or derived from any of the foregoing is the exclusive property of Securrency Capital Limited.
- Termination of Access to Website or App
If you violate any portion of these General Terms, Securrency Capital Limited may terminate your permission to access and use the Website and the App.
- Username and Password
If you create an account with Securrency Capital Limited, you may be issued with a username and password or you may provide Securrency Capital Limited with a username and password which may be accepted by Securrency Capital Limited in its absolute discretion. The username and password are for your personal use only and may not be transferred to any other person or entity. You hereby agree to keep your username and password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password. You shall notify Securrency Capital Limited immediately if you have knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorized use of the username and/or password. You agree and acknowledge that any use or purported use of or access to or purported access to the Website, the App and/or the materials contained therein and any information, data, instructions or communications, whether or not authorized by you, referable to the username and password shall be binding upon you and deemed to be: (i) use of or access to the Website or the App by you; and/or (ii) information, data, instructions or communications carried out, transmitted or validly issued by you. Securrency Capital Limited shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out, transmitted or validly issued by you. You further agree and acknowledge that you shall be bound by any access or use of the Website or the App (whether such access or use is authorized by you or not) and/or information, data, instructions or communications referable to your username and password.
- Securrency Capital Limited’s Use of Material
Other than personally identifiable information, any material you transmit or post to the Website or the App shall be considered non-confidential and non-proprietary. To the fullest extent permitted by applicable laws, Securrency Capital Limited shall have no obligations with respect to such material. Securrency Capital Limited and its affiliates shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. Securrency Capital Limited may disclose the identity or location of any user posting any material in breach of these General Terms to any law enforcement agency or in accordance with the directions of any regulatory body or court order.
- No Guarantee of Accuracy
While Securrency Capital Limited endeavors to provide accurate and reliable information and content on the Website and the App, Securrency Capital Limited cannot guarantee the accuracy, suitability, reliability, completeness, performance or fitness for purpose of such information and content which may not be up to date. Securrency Capital Limited will update the information on the Website and the App periodically, but you should always independently verify such information.
- Third Party Content
Where the Website or the App contains content provided by third parties (including, without limitation, data clearly labelled as being provided by third parties or hypertext links to third party websites), this should not be understood or construed as an endorsement by Securrency Capital Limited of any content provided by such third parties. The use of such third party content is entirely at your own risk. Securrency Capital Limited shall have no liability whatsoever for any losses incurred, whether directly or indirectly, as a result of any actions taken by you in reliance on the information contained on the Website or the App, including any third party content. All information and content on the Website or the App, including content provided by third parties, may change without notice and is provided for the primary purpose of allowing users to arrive at their own independent decisions.
By using the Website or App, you agree to indemnify and hold harmless, Securrency Capital Limited and its affiliates from and against any losses arising out of or related to (a) your use of, or conduct in connection with, the Website or the App; (b) any breach on your part of the General Terms or Securrency Capital Limited’s enforcement of these General Terms; or (c) your violation of any applicable laws or rights of any third party during your use of the Website or the App. If you are obligated to indemnify any Indemnified Persons pursuant to this clause, Securrency Capital Limited will have the right, in its sole discretion, to control any action or proceeding and to determine whether it wishes to settle, and if so, on what terms.
- Disclaimer of Warranties
To the full extent permitted under applicable law, any information or materials provided by Securrency Capital Limited are provided on an “as is” and “as available” basis and Securrency Capital Limited expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, you acknowledge that Securrency Capital Limited does not represent or warrant that the Website, the App or any information or materials contained therein are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Except for the express statements set forth in these General Terms, you acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to its use and access of the Website or the App. You agree that Securrency Capital Limited will not be liable for any losses arising out of or relating to: (a) any inaccuracy, defect or omission of any pricing information relating to any digital securities or other assets; (b) any error or delay in the transmission of such information; (b) interruption in any such data; or (c) any damages incurred by another user’s actions, omissions or violation of these General Terms.
- Website Availability
While Securrency Capital Limited endeavors to ensure that the Website and the App is normally available 24 hours a day, Securrency Capital Limited shall not be liable if for any reason the Website or the App is unavailable at any time or for any period. Access to the Website or the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Securrency Capital Limited’s control. Securrency Capital Limited makes no representation or warranty of any kind, express or implied, with respect to the merchantability or fitness of the Website or App. Without limiting the foregoing, Securrency Capital Limited expressly disclaim any representation that the Website or App will operate uninterrupted or be error-free.
- Limitation of Liability
To the maximum extent permitted by applicable law, neither Securrency Capital Limited nor any of its affiliates shall have any liability to you for the information or material provided by or on behalf of Securrency Capital Limited and its affiliates except as a result of its fraud or fraudulent misrepresentation, deliberate misconduct or for death or personal injury resulting from its actions. Notwithstanding the foregoing, if Securrency Capital Limited enters into a service or brokerage agreement with you, the standard of liability in such service or brokerage agreement shall control.
- No Liability for Indirect, Consequential, Exemplary, or Punitive Damages; Force Majeure Events.
In no event shall Securrency Capital Limited be held liable for (i) indirect, consequential, exemplary, or punitive damages or (ii) any loss of any kind caused, directly or indirectly, by any force majeure event, and you unconditionally waives any right you may have to claim or recover such damages (even if you have informed Securrency Capital Limited of the possibility or likelihood of such damages).
- Governing Law and Dispute Resolution
These General Terms are governed by, and shall be construed in accordance with, the laws of the ADGM. Any claim, dispute or difference of any kind whatsoever arising out of or in connection with these General Terms shall be referred to arbitration under the Rules of Arbitration of the International Chamber of Commerce (the “Rules”) which Rules are deemed to be incorporated by reference into this clause save expressly varied herein. The number of arbitrators shall be three (3). The seat (or legal place) of the arbitration shall be the ADGM, with hearings to take place in Abu Dhabi, and the language of arbitration shall be English. Any award shall be final and binding and may be confirmed in, and judgment upon the award entered by, any court having jurisdiction. Any right of application or appeal to any court are waived, insofar as such waiver can validly be made (excluding application for interim measures including injunctive relief in relation to the provisions of these General Terms).
- Data Protection Policy
Securrency Capital Limited respects the data of visitors to the Website and users of the App. Securrency Capital Limited will process your data in accordance with the ADGM Data Protection Regulations 2021, as amended from time to time. This Clause may supplement or clarify any service or brokerage agreement entered directly with you and, to the extent of any conflict with any service or brokerage agreement with you, such service or brokerage agreement will control. By accessing and using the Website or App, you signify acceptance to the terms of this data protection policy. If you do not agree with or you are not comfortable with any aspect of this data protection policy, you should immediately discontinue access or use of the Website or App. Securrency Capital Limited may collect the following types of information from you:
- Personal identification information: name, date of birth, nationality, gender, signature, photographs, phone number, home address, email, etc.
- Formal identification information: Government issued identity document such as passport, driver’s license, national identity card, passport number, visa information, employer identification number, corporate documents and/or any other information deemed necessary to comply with anti-money laundering laws.
- Financial information: bank account information, card information, transaction history, trading data, tax identification, etc.
- Employment information: employment location, job title, etc.
- Correspondence: survey responses, information provided to an IT support team, etc.
Securrency Capital Limited may receive and store certain types of information automatically when you interact with the Website or App or use its services, including but not limited to geo location/tracking details, operating system, browser name and version, personal IP addresses, authentication data, security questions, click-stream data, public social networking posts, and data collected via cookies and similar technologies. This information helps address customer support issues, improve the performance of the Website and App, provide a streamlined and personalized experience, and protect your account from fraud by detecting unauthorized access.
Securrency Capital Limited may obtain information about you from third party sources as required or permitted by applicable law, which may include public databases, credit bureaus and identity verification partners. Securrency Capital Limited may share personal data with third parties to perform certain activities on Securrency Capital Limited’s behalf. Securrency Capital Limited may share personal data with its affiliates and delegates. In certain circumstances Securrency Capital Limited may be legally obliged to share your personal data and other financial information with relevant regulatory authorities. They, in turn, may exchange this information with foreign authorities, including tax authorities and other applicable regulatory authorities.
Notwithstanding the foregoing, Securrency Capital Limited may use anonymized or aggregate customer data for any business purpose, including to better understand customer needs and behaviors, improve products and services, conduct business intelligence and marketing, and detect security threats. Securrency Capital Limited may perform its own analytics on anonymized data or enable analytics provided by third parties. Types of data Securrency Capital Limited may anonymize include, transaction data, click-stream data, performance metrics, and fraud indicators. The restrictions in the data protection policy does not apply to anonymized or aggregate customer data.
Securrency Capital Limited may collect, store and use your personal data for various purposes including the following:
- The processing is necessary for the performance of a contract, including the opening of a brokerage account with Securrency Capital Limited, the execution of trades; sending account statements and transaction confirmations; and facilitating the transfer of funds.
- The processing is necessary for compliance with applicable legal or regulatory obligations, including undertaking anti-money laundering and counter-terrorist financing checks, including verifying the identity and addresses of users (and, where applicable, their beneficial owners); sanctions screening and complying with applicable sanctions and embargo legislation; complying with requests from regulatory, governmental, tax and law enforcement authorities; surveillance and investigation activities; carrying out audit checks, and instructing auditors; and preventing and detecting fraud.
- In pursuance of Securrency Capital Limited’s legitimate interests, or those of a third party to whom your personal data are disclosed, including complying with a legal, tax, accounting or regulatory obligation to which the Securrency Capital Limited, its affiliates or a third party are subject; assessing and processing requests you make; sending updates, information and notices or otherwise corresponding with you; investigating any complaints, informing you about investment products and services; pursuing or defending any claims, proceedings or disputes; managing risk and operations; complying with audit requirements; ensuring internal compliance with policies and procedures; protecting Securrency Capital Limited and its affiliates against fraud, breach of confidence or theft of proprietary materials; seeking professional advice, including legal advice; monitoring communications to/from Securrency Capital Limited (where permitted by law); and protecting the security and integrity of IT systems.
Your personal data may be transferred to jurisdictions that do not offer an adequate level of protection of personal data as under the ADGM Data Protection Regulations 2021. In such cases, Securrency Capital Limited will process personal data or procure that it be processed in accordance with the requirements of the ADGM Data Protection Regulations 2021, which may include having appropriate contractual undertakings in legal agreements with service providers who process personal data on Securrency Capital Limited’s behalf.
Under the ADGM Data Protection Regulations 2021 you have certain data protection rights, including the right to require and obtain from Securrency Capital Limited upon request, confirmation in writing as to whether or not personal data relating to you are being processed and information as to the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data are disclosed. Securrency Capital Limited is obligated to reply to your questions regarding the above and the ADGM registrar may issue a direction requiring it to do so.
Any questions regarding data protection rights should be addressed to Securrency Capital Limited by using the contact details set out below.
- Contact Details
If you have any questions, please contact Securrency Capital Limited by emailing [email protected].