Last updated: 30 Oct 2018
Welcome to Kryptos-X! We hope you enjoy using the Platform and our Services.
If you have any questions in relation to these terms, please contact email@example.com
1. THESE TERMS AND YOUR AGREEMENT
Kryptos-X Pte Ltd (“we”, "our" or "us") is a Singapore-registered company, with its registered address at 10 Collyer Quay, #16-01 Ocean Financial Centre, 049315.
1.1 We (and/or any of our Affiliates) offer you ("you"):
subject to your agreement to these Terms.
1.2 These Terms of Service incorporate the following "Additional Terms" that you must comply with in your use of the Platform and our Services:
These Terms of Service and the Additional Terms are, collectively, the "Terms".
1.3 Please read these Terms carefully before accessing or using the Platform or our Services. By accessing the Platform, you agree to be legally bound by these Terms (as updated from time to time in accordance with clause 3).
2.1 Defined terms in these Terms will have the meaning given to them in these Terms. In addition, these terms as used in these Terms will have the following meanings:
"Affiliate" means, with respect to an entity, any entity Controlled by or under that entity.
"AML/KYC Process" means the Kryptos-X User Due Diligence process set out in the AML/KYC Policy.
"Applicable Laws" means any laws, rules, regulations, binding standards and codes, statutory or regulatory obligations, and any other lawful and binding direction of a Governing Body applicable to the relevant party or circumstance in the context in which the term is used.
"Claim" means any claim, allegation, cause of action, proceeding, liability, suit or demand made against us.
"Control" means ownership, directly or indirectly, of more than 50 per cent of the voting securities (or other ownership interest, if not in respect of a corporation) of such person, whether by operation of law, by contract or otherwise, or the power to control the management of an entity, and "Controlled by" will be construed accordingly and "under common Control with" will, in respect of 2 or more entities, mean that those entities are each Controlled by the same entity.
"Digital Asset(s)" means a digital token that is encrypted and either:
"Governing Body" means any government authority, regulatory body or law enforcement agency (including any courts) of any jurisdiction, that has authority over us.
3. CHANGES TO THESE TERMS AND THE PLATFORM
3.1 We may make changes to these Terms over time (e.g. to reflect technical improvements and changes to the Platform or our Services (e.g. to address a security threat) or applicable laws and regulations (e.g. to reflect applicable consumer rights)), so please come back and review these Terms regularly.
3.2 Where we consider that such changes are reasonably material, we will (where reasonably practicable) notify you (via direct communication to you, on this page or other means), prior to such changes becoming effective. By continuing to use the Platform or our Services after we make any changes to these Terms, you are agreeing to be bound by the revised Terms.
3.3 As we and our platform are constantly evolving, we may from time to time:
3.4 You agree that we may take any such actions at any time. Where we consider that any changes to the Platform or our Services or any services or features accessible within the Platform or our Services are reasonably material, we will (where reasonably practicable) notify you (via direct communication to you, on this page or other means) prior to such changes becoming effective.
4. NETWORK EVENTS IN RELATION
4.1 We are committed to using good industry practices in protecting your interests, the Platform and our Services. However:
We are unable to guarantee in any way the security, availability and quality of the Platform or our Services.
4.2 There may from time to time be events related to the Platform and our Services that are outside our reasonable control – for example:
any such event being a "Network Event".
4.3 You agree that we may take any action that we consider (in our sole discretion) to be necessary or required as a result of any Network Event – including the following in relation to you and our end users:
We are not responsible for any losses you may incur as a result of any such actions that we take.
5. COMPLIANCE WITH APPLICABLE LAWS
5.1 We are committed to complying with Applicable Laws in relation to the Platform and our Services. We will prohibit the use of the Platform and our Services from time to time in accordance with Applicable Laws and directions from relevant Governing Bodies.
5.2 It is your responsibility to ensure that you are compliant with any Applicable Laws that you are subject to (including in your place of residence). We will not be responsible for any failure by you to do so.
6. YOUR ACKNOWLEDGMENTS IN USING THE PLATFORM AND OUR SERVICES
6.1 In using the Platform and our Services, you acknowledge and agree that:
7. REGISTATION, USER ACCOUNT and ACCOUNT SECURITY
7.1 You must successfully complete the AML/KYC Process set out in our AML/KYC Policy prior to being approved by us to use the Platform and our Services. By registering with us, you authorise us (and any third party service providers appointed by us) to carry out all measures we consider necessary to verify your identity and any other information you have provided to us, including any checks required by Applicable Laws.
7.2 You will need an account with us in order to use the Platform and our Services. Your account is personal to you, and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use your account. Your account's name, ID and other identifiers remain our property and we can disable, reclaim and reuse these once your account is terminated or deactivated for whatever reason by either you or us.
7.3 You are responsible for:
You must notify us immediately of any actual or suspected loss, theft, fraud, or unauthorised use of your account or password, by emailing firstname.lastname@example.org. We will regard all use of your account on the Platform or our Services as being by you until you have notified us of any suspected breach and we have acknowledged your notification. We are not responsible or liable for any unauthorised use of your account.
8.1 The Fees applicable to your use of the Platform and our Services are set out within the Platform. We may change any Fees at any time by notification through the trading platform. If you do not accept such change to the Fees, we may be unable to provide the Platform or our Services to you.
8.2 Your use of the Platform and our Services is subject to your payment of the relevant Fees invoiced by us. We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us.
8.3 You agree that:
8.4 SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE WILL NOT PROVIDE A REFUND OF ANY PAYMENTS MADE BY YOU TO US.
9. CONVERTING DIGITAL ASSETS TO FIAT CURRENCY (AND VICE VERSA)
9.1 As part of your use of our Services, you may occasionally hold Digital Assets on the Platform. We may from time to time offer you ways of converting your Digital Assets to fiat currency (and vice versa).
9.2 We do not guarantee the ongoing availability of such methods, and we do not guarantee that you will be able to convert your Digital Assets to fiat currency (or vice versa) at any given time.
9.3 Any rates of conversion will be as set by us from time to time, at our sole discretion.
10. THIRD PARTY WEBSITES AND CONTENT
10.1 We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by the Platform or our Services, including content provided by our end users or by our advertisers.
10.2 You acknowledge and agree that by using the Platform or our Services, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from the Platform or our Services by you is at your own risk. Your use of the Platform or our Services does not give you any rights in or to any content you may access or obtain in connection with your use of the Platform or our Services.
10.3 We also do not guarantee the quality, reliability or suitability of any third party services, programs or websites provided, made available, advertised or linked through the Platform or our Services. We are not responsible for your use of or relationship with any such third parties services, programs or websites, including any payment obligations or fees that you may incur in your use of such third party services or websites.
10.4 There may be, from time to time, third party content, programs and/or services on the Platform or our Services that are subject to further terms from that third party – for examples, terms from the relevant third party that originally produced or created such content or service. You are solely responsible for reviewing and complying with any such third party terms and conditions.
10.5 We have the right to remove, at our sole discretion and without notice to you, any content, programs and/or services that are made available within the Platform or our Services.
11. INTELLECTUAL PROPERTY
11.1 Subject to your compliance with these Terms, we grant you a personal, revocable, non-assignable, non-perpetual and non-exclusive right to access and use the
11.2 You agree that you will not:
11.3 All intellectual property rights in or to the Platform or our Services (including any content on the Platform and any future changes, enhancements, derivatives and improvements to the Platform) will continue to belong to us and our licensors. Except as expressly provided in these Terms, you will not:
11.4 Any comments or suggestions you may provide regarding the Platform or our Services are entirely voluntary, and we will be free to use these comments and suggestions at our discretion (including using such comments to improve existing services or create new services) without any payment or other obligation to you.
11.5 You may not link to the Platform in any way, including using any APIs to access any data from the Platform, without our prior written consent. If we do make available any APIs for you use to access any data from the Platform, such use is subject to further terms as notified by us to you.
12. PROHIBITED USE
12.1 You may not use the Platform or our Services to engage in:
13. PERSONAL DATA
14. TERM AND TERMINATION OF THIS AGREEMENT
14.1 These Terms apply to any use by you of the Platform or our Services. We may terminate your use of the Platform or our Services at any time in accordance with this clause 13.
14.2 We may immediately (by notice to you) terminate or restrict your use of the Platform or our Services (including by terminating your account or by geo-blocking the jurisdiction in which you are based) at any time and for any (or no) reason – including if:
14.3 We may also terminate your use of the Platform or our Services if you have not used them for at least 60 consecutive days, by providing at least 7 days' notice to you via email.
14.4 Any termination of this Agreement does not affect any rights accrued by you or us prior to such termination date – including any amounts you owe us through the date of such termination.
15. TERMINATED ACCOUNT and unclaimed BALANCE
15.1 If we terminate your use of the Platform or our Services for any reason, we will also close any account that you held with us. We will treat any funds or Digital Assets held in such closed account (collectively, the "Balance") in the following manner:
16. No advice FROM US
16.1 You acknowledge and agree that:
17. YOUR REPRESENTATIONS AND WARRANTIES
17.1 You represent and warrant, on an going basis, that:
18. OUR WARRANTY AND DISCLAIMER
18.1 We warrant to you that we will provide the Platform or our Services using reasonable care and skill. Except as otherwise expressly agreed between you and us, we do not provide any service standards or technical support in relation to your use of the Platform or our Services.
18.2 Apart from the above warranty, to the extent permitted by applicable laws, the platform and our services are provided on an “as is” and “as available” basis and neither us nor any of our affiliate companies make any representation or warranty or give any undertaking in relation to the platform, our services or any data, media or other content submitted, transmitted or displayed by the platform or our services, including:
To the extent permitted by applicable laws, you waive any and all implied representations, warranties and undertakings in all jurisdictions.
19. LIMITATION OF LIABILITY
19.1 To the extent permitted by applicable laws, you agree that:
19.2 Nothing in these Terms exclude any statutory rights you have in any jurisdiction, to the extent they may not be excluded or waived.
20. INDEMNITY AND CLAIMS AGAINST US
20.1 You will fully indemnify and hold us and our Affiliates harmless from and against any and all Claims arising out of or in connection with:
20.2 You agree that we may, in its sole discretion, decide to participate in or assume exclusive control of the defence of any Claim or any negotiations for settlement of a Claim at its own expense.
20.3 No settlement of a Claim that may adversely affect our rights or obligations will be made without our prior written consent.
20.4 We reserve the right to settle any outstanding Claim by transferring funds or Digital Assets from your account at any time and without notice to you.
21.1 You agree that our primary form of communication with you will be via email to the email address you provided to us upon registration. We will use this email address to send you all correspondences, including notices and receipts of your transactions carried out on the Platform.
21.2 Any notification we send to you via email will be deemed to have been validly served on you. If we receive notification that an email we send to you is undeliverable, we retain the right to suspend your account until you provide an updated and valid email address via the Platform. It is your responsibility to update us in the event that your email address changes.
22.1 Subject to Applicable Laws, these Terms sets out the entire agreement between you and us in relation to the subject matters of this Agreement – you agree that you will have no claim against us for any statement which is not explicitly set out in these Terms.
22.2 The words "include" and "including" are to be construed without limitation. An example of a particular matter does not exclude that matter's scope.
22.3 A reference to:
22.4 The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision).
22.5 If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms.
22.6 No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision.
22.7 Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
22.8 No person other than you and us will have any right to enforce these Terms, whether pursuant to the Contracts (Rights of Third Parties) Act or otherwise.
22.9 You may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you. We may freely sub-contract any part of our performance of these Terms at any time, without your prior consent or prior notice to you.
22.10 To the extent of any discrepancies between the English language version and any other language version of these Terms, the English language version will prevail.
23. Governing Law
These Terms and any dispute arising out of or in connection with the subject matter of these Terms is governed by and is to be construed in accordance with the laws of Singapore and is subject to the exclusive jurisdiction of the Singapore courts.