TERMS AND CONDITIONS
By registering a Wallet, the User expressly represents and warrants that he/she:
follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site and the Services;
The User represents and warrants that any Fiat Assets or Digital Assets deposited by them to the Wallet belong to the User and are of legitimate origin. The User represents and warrants than he/she will withdraw any Fiat Assets or Digital Assets from his/her Wallet only to his/her wallets, otherwise ALPHA PROTOCOL EXCHANGE does not hold any liability for the consequences of such withdrawal.
The User represents and warrants that the Services rendered to him/her do not violate the rights of any third party or applicable laws.
The User understands that his/her personal data and identifiers may be shared with appropriately authorized third parties, due to legal obligations such as prevention of crimes and for tax purposes and/or to provide the Services requested by the User.
You will not be able to use some of ALPHA PROTOCOL EXCHANGE Services, including without limitation, to buy Digital Assets using the funding source and/or to exchange your Digital Assets to the fiat currency, until you have passed respective identity and security validation and verification checks, and provided information and documents requested in accordance with the applicable anti-money laundering regulations. We or a third-party provider may check all personal and identity verification information you provide with credit reference or fraud prevention agencies and other organizations. These agencies may keep a record of your information and the searches made. However, we do not perform a credit check and any search is for identity purposes only and will be recorded as such. We shall keep records of the information and documents We obtain to verify your identity in accordance with all applicable legal and regulatory requirements.
For the purposes of anti-money laundering prevention and combating terrorist activities, ALPHA PROTOCOL EXCHANGE reserves the right to request any additional information and documents from you about you and/or your Transaction, and suspend your access to your Wallet anytime in case the documents or information provided by you are unsatisfactory or insufficient, as ALPHA PROTOCOL EXCHANGE decide in its sole discretion.
ALPHA PROTOCOL EXCHANGE may from time to time be required by law and any applicable regulation (including without limitation local, national and international acts and regulations) and/or such policies and procedures as We may from time to time adopt to implement or comply with our obligations under the same to confirm and verify the identity of each person who registers on the Platform.
requests or accept termination of your Wallet. You are required to notify ALPHA PROTOCOL EXCHANGE immediately of any unauthorized use of your Wallet or password, or any other breach of security, by email to firstname.lastname@example.orgHybrid Exchange. Access to the Platform may be suspended or restricted for a User who violates these rules, and thereafter such User may be held liable for losses incurred by ALPHA PROTOCOL EXCHANGE or any user of the Site.
You agree that you will not use the Services to engage in criminal activity of any kind, including but not limited to, money laundering, illegal gambling operations, terrorist financing, malicious hacking or any other criminal or illegal activity.
III. DEPOSIT AND WITHDRAWAL OF USER’S DIGITAL ASSETS
Digital Assets depositing is made to a ALPHA PROTOCOL EXCHANGE wallet, which is unique for every User. A User can obtain the address for depositing Digital Assets in the “Wallet” section. After the respective Digital Assets are sent by the User to this address, the Wallet is automatically credited upon completion of the required number of confirmations on the blockchain depending on the type of the Digital Asset.
By making a deposit to the Wallet, the User confirms that he/she bears risks for any possible.
The User can request withdrawal of Digital Asset funds in the Wallet by filling in the details for withdrawal of Digital Assets and submitting a respective request via e-mail and 2FA verification. The User will receive the respective amount less transfer fees. The withdrawal of Digital Assets is processed automatically following User’s submission of respective instruction. Possible delays in transfer of funds do not depend on the Platform. In rare cases, manual withdrawal mode is possible.
In case of complaints from payment systems (hacking or theft), the Platform has the right to suspend the Wallet and request documents for investigation or verification purposes. The User is fully responsible for possible indication of an incorrect address for withdrawal and, as a consequence, possible financial losses.
DEPOSIT AND WITHDRAWAL OF USER’S FIAT ASSETS
To trade fiat / crypto you may want to transfer funds to your ALPHA PROTOCOL EXCHANGEWallet using one of the approved third-party vendor (Payment Service Provider, “PSP”). You may be required to go through a verification process in relation to such funds transfer. You may be charged fees by the PSP and other third parties that you use to credit your ALPHA PROTOCOL EXCHANGEWallet. ALPHA PROTOCOL EXCHANGEis not responsible for any fees or for the management and security on the part of PSP or any third party involved in funds transfer. You agree to comply with all terms and conditions imposed by PSP or another third party executing the transfer. The timing to complete funds
transfer transaction will depend in part upon the performance of third parties and ALPHA PROTOCOL EXCHANGE makes no guarantee regarding the amount of time it may take to credit funds to your ALPHA PROTOCOL EXCHANGE
Be advised that Fiat Assets held in your ALPHA PROTOCOL EXCHANGEWallet are exclusively for purchase of Digital assets or withdrawals. Proceeds from the sale of Digital Assets will be credited to your ALPHA PROTOCOL EXCHANGEWallet, less any transactional or other fees. Furthermore, be advised that ALPHA PROTOCOL EXCHANGEdoes not pay interest on Fiat Assets balances held in your Wallet.
In order to deposit or withdraw Fiat Assets you have to be verified for at least Tier 2. Fiat Assets deposits or withdrawal are not available for Users with Tier 1 or Tier 0 verification.
When you request that we credit Fiat Assets to your ALPHA PROTOCOL EXCHANGEWallet or request that we withdraw Fiat Assets to your external account from your ALPHA PROTOCOL EXCHANGEWallet, you authorize ALPHA PROTOCOL EXCHANGEto execute such transaction. In some cases, a payment institution may reject your transfer or it may otherwise be unavailable. You agree that you will not hold ALPHA PROTOCOL EXCHANGEliable
for loss or damages resulting from such rejection or transfer failure.
„Alternative Token” is an entry in blockchain ledger representing an asset or a combination of assets or linked to values of assets or certain right as described in more detail on such Alternative Token’s web-page on the Platform; Alternative Tokens can be acquired or traded on the Platform through a third-party agent (“Agent”). The Agent is an independent third-party service provider that is not affiliated with ALPHA PROTOCOL EXCHANGE. If you are an eligible Tier 3 User, you can accede to the Agent’s terms and conditions on the Platform while obtaining access to Alternative Tokens. In order to start trading Alternative Tokens via the Platform you will have to complete a registration process. You will receive full access to the functionality, in particular will be able to invest and trade Alternative Tokens and perform any operations with Alternative Tokens if you are successfully verified as professional investor or accredited investor or qualified investor or if you otherwise fall within a similar category under applicable laws (the definition and eligibility criteria may vary in different countries).
The Agent will be collecting your identification data and verifying your eligibility to access Alternative Token section of the Platform. Upon successful verification of a User, the Agent may provide to such User access to the Platform and its functions as well as support other operations with the Alternative Tokens, as applicable.
The detailed terms of the Agent’s facilitating investment and trading in Alternative Tokens are set out in the Agent’s terms and conditions.
ALPHA PROTOCOL EXCHANGEshall not be liable for any acts or omissions on the part of the Agent.
In making a decision to invest into specific Alternative Tokens, whether by purchase of such Asset Tokens from the token issuers or from other Users, and generally in making decisions as to your investment strategy and suitable Alternative Token, you have considered your entire financial situation including other financial commitments, and you understand that investments into Alternative Tokens may be highly speculative and that you could sustain significant losses up to the whole invested amounts. Please note that We are unable to provide any guarantee or assurance as to the performance of any particular investment, Alternative Tokens, portfolio or strategy.
You are responsible for any regulatory reporting requirements in relation to your transactions with Alternative Tokens via the Agent and/or ALPHA PROTOCOL EXCHANGE.
Certain Alternative Tokens that you are purchasing may be transferred only to other eligible Users on the Platform.
Your Wallet allows you to place an instruction to buy or sell a specified quantity of Digital Assets or Fiat Assets at a specified price (“Order”). You must have a sufficient balance of Digital Asset or Fiat Asset in your Wallet to cover the total value of the Order. Orders and trading are subject to limits, which are displayed in your Wallet. The Platform matches buy and sell orders for the respective Digital Assets or Fiat Assets. The Platform connects verified Users so that they can trade Digital Assets or Fiat Assets via the Agent. The Platform makes it possible for Users in certain different geographic locations to quickly and easily trade with each other. The Platform uses its own computer-based systems that display the best available bid and ask quotes from multiple Users, and then automatically matches and executes orders.
You warrant and represent that You will use reasonable endeavors to ensure that any Order placed by You with us is consistent with laws and regulations applicable to you and with accepted market practice.
We may, in our sole discretion and at our sole option, decline the execution of any Orders and/or cancel a transaction, for a variety of reasons, including, but not limited to, the size of an order, market conditions, a violation of any applicable laws and regulations related to your orders, insufficient funds in your Wallet, risks considerations, etc.
You are responsible for monitoring of all your Orders placed with the Platform yourself. Unless agreed otherwise, all sums payable by You are due immediately and must be paid on entering into the transaction.
When entering into an Order for Digital Assets and/or Fiat Assets, you irrevocably and unconditionally agree to accept the Platform bid/ask prices based on which the respective transactions shall be executed. Such bid/ask prices shall not necessarily reflect the prices for the respective Digital Assets and/or Fiat Assets as quoted on other exchanges and/or trading We disclaim any liability with respect to any such discrepancies.
You acknowledge that it may be not possible to cancel or modify an Order. We are not liable to you if we are unable to cancel or modify an Order. You agree that, if an Order cannot be cancelled or modified by your request, you are bound by an execution of an Order. You are responsible for monitoring the status of your pending Orders and requests.
FEES, CHARGES AND OTHER COSTS
The fees and charges payable for our Services are displayed on the Website and are charged pursuant to ALPHA PROTOCOL EXCHANGE procedures.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on the Site or provided in connection with the Services, including, without limitation, ALPHA PROTOCOL EXCHANGE logo and all designs, text, graphics, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, „ALPHA PROTOCOL EXCHANGE Materials”) and computer source codes, programs, data files and other software (including all machine readable code, printed listings of code) (collectively, “Software”) are the proprietary property of ALPHA PROTOCOL EXCHANGE or our licensors or suppliers and are protected by international copyright laws and other intellectual property rights laws.
AVAILABILITY OF SERVICES
DISCLAIMER OF WARRANTIES
Except as expressly provided to the contrary in a writing by us, our Services are provided on an „as is” and „as available” basis. We expressly disclaim, and you waive, all warranties of any kind, guarantee, declaration or condition, whether express or implied, including, without limitation, implied warranties of merchantability, market quality, commercial value, fitness for a particular purpose, title and non-infringement as to our Services, including the information, content and materials contained therein.
You acknowledge that information you store or transfer through our Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure
or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our Wallet
LIMITATION OF LIABILITY
You acknowledge and agree that, to the fullest extent permitted by the applicable law, the disclaimers of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Services or your Wallet under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that ALPHA PROTOCOL EXCHANGE shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, the Services or your Wallet, or purchase or sale of, or inability to purchase or sell, Digital Assets, deposit or withdraw Fiat Assets. You further specifically acknowledge that ALPHA PROTOCOL EXCHANGE is not liable for the conduct of third parties, including other Users, and that the risk of using the services rests entirely with you. Notwithstanding the foregoing, nothing in this agreement shall affect your statutory rights or exclude injury arising from any willful misconduct or fraud of ALPHA PROTOCOL EXCHANGE.
ALPHA PROTOCOL EXCHANGE shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) transmission or delivery of information; (2) any failure to perform ALPHA PROTOCOL EXCHANGE obligations hereunder; (3) any loss or damage arising from any event beyond ALPHA PROTOCOL EXCHANGE’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, act of sabotage, riot, labor dispute, strike, accident, action of government, embargo, communications, delay or failure of any subcontract, power failure, accident to or breakdown or outage of computers, equipment or software malfunction, internet outages, internet latency, computer viruses, hacker attack, voluntary or mandatory compliance with any governmental act, regulation or request, flaw in third-party services, public enemy, terrorist acts or any other cause beyond ALPHA PROTOCOL EXCHANGE’s reasonable control.
(i) It is required under any applicable law (including any change or update) or according to, any regulatory demand (such as a valid subpoena, court order, or binding order of a government authority);
(ii) If for any reason We decide to discontinue to provide the Services (in whole or in part), by providing at least 3 (three) calendar days’ notice (which may be provided by email, short text message etc.);
In case of any circumstance having a material adverse effect on your financial position, assets or liabilities, immediately without notice;
If We believe that any representation or warranty made by you provides to have been materially incorrect or inaccurate when made, immediately without notice;
The death of the User;
Upon an issuance if an application, order, resolution or other announcement in relation to bankruptcy or winding-up proceedings in respect of the User, immediately without notice.
Account Usage Requirements
To protect users and ensure equal trading conditions ALPHA PROTOCOL EXCHANGE reserves the right to suspend or permanently ban accounts with the following signs of suspicious trading activity:
• Spam of the order book – sending and cancelling of small orders without trading intention;
• Order book manipulation – low ratio of filled to placed orders;
• Overload of exchange infrastructure – continuous high frequency placing of orders which prevent other users from trading.
By accessing ALPHA PROTOCOL EXCHANGE Service, you agree that ALPHA PROTOCOL EXCHANGE shall have the right to unilaterally determine whether you have violated any of the above covenants and take actions to apply relevant rules without receiving your consent or giving prior notice to you. You hereby agree to indemnify, protect, defend and hold ALPHA PROTOCOL EXCHANGE free and harmless from all costs, liabilities and expenses, arising directly
or indirectly as a result of your alleged violation.
ALPHA PROTOCOL EXCHANGE does not accept any investors (including residents and citizens, or through agency or representation) in the following jurisdictions: USA, Afghanistan, Bosnia and Herzegovina, Democratic People’s Republic of Korea (DPRK), Ethiopia, Iran, Iraq, Pakistan, Syria, Sri Lanka, Trinidad and Tobago, Tunisia, Uganda, Yemen (the “Restricted Countries”).
If User is not a resident or citizen of a Restricted Country but is traveling to any of these countries, the User should acknowledge that he shall not use ALPHA PROTOCOL EXCHANGE services while in any of the restricted countries, and ALPHA PROTOCOL EXCHANGE Services may be unavailable and/or blocked in such countries.
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