Fastex Card T&C

Terms of Use of Fastex cards

Last revisexd: 02 February, 2024

FASTEX EUROPE UAB (hereinafter referred to as “the Company”), is a company incorporated under the laws of the Republic of Lithuania with registered address: Vilnius, Mėsinių g. 5, Lithuania, operates the https://exchange.fastex.com/fastex-cards. For the convenience of wording in this Agreement, the Company and the Website are referred to as “we” or other applicable forms of first person pronouns in this Agreement. All natural persons or other subjects who log onto this Website shall be users of this Website. For the convenience of wording in this Agreement, the users are referred to as “you” or any other applicable forms of the second-person pronouns.

In the interest of clarity within this Agreement, the terms "you" and "us" collectively are denoted as "both parties," and individually as "one party." To facilitate user convenience, the content on this Website may be presented in multiple languages. In the event of any conflicts or omissions between different language versions, the English version of the content takes precedence.
In the event of a conflict between the Fastex Terms of Use and the Fastex cards Terms of Use, the Fastex cards Terms of Use will prevail.

A crucial reminder: We emphasize that

You are hereby informed that:

The digital assets themselves are not offered by any financial institution, corporation or this Website;
The digital asset market is new and unconfirmed, and will not necessarily expand;
Digital assets are primarily used by speculators, and are used relatively less on retail and commercial markets; digital asset transactions are highly risky, due to the fact that they are traded throughout the day without limits on the rise or fall in price, and market makers and global government policies may cause major fluctuations in their prices;
The Company may suspend or terminate your account or use of the Service, or the processing of any digital asset transaction, at any time if it determines in its sole discretion that you have violated this Agreement or that its provision or your use of the Service in your jurisdiction is unlawful.

Digital assets trading is highly risky and therefore not suitable for the vast majority of people. You acknowledge and understand that investment in digital assets may result in partial or total loss of your investment and therefore you are advised to decide the amount of your investment on the basis of your loss-bearing capacity. You acknowledge and understand that digital assets may generate derivative risks.

Therefore, if you have any doubt, you are advised to seek assistance from a financial adviser first. Furthermore, aside from the above-mentioned risks, there may also be unpredictable risks. Therefore, you are advised to carefully consider and use clear judgment to assess your financial position and the abovementioned risks before making any decisions on buying and selling digital assets; any and all losses arising therefrom will be borne by you and we shall not be held liable in any manner whatsoever.

You are hereby notified of the following:

This Website serves solely as a platform for obtaining digital asset information, finding trading partners, and engaging in negotiations and transactions of digital assets. It does not participate in your transactions, and you are solely responsible for assessing the authenticity, legality, and validity of relevant digital assets and information, bearing any resulting responsibilities and losses.
All content on this Website, including opinions, information, discussions, analyses, prices, advice, and other materials, is for general market reviews and does not constitute investment advice. We disclaim any responsibility for losses directly or indirectly resulting from reliance on this information, including, but not limited to, loss of profits.
The content on this Website may change without notice. While we strive for accuracy, we do not guarantee its level and are not liable for losses arising directly or indirectly from the information or any delays or failures related to internet connectivity.
Internet-based trading systems carry risks, including software, hardware, or internet link failures. As we cannot control internet reliability and availability, we are not responsible for distortions, delays, or link failures.
Using this Website for illegal transactions or activities, such as money laundering, smuggling, or commercial bribery, is prohibited. Any detected illegal activities may result in measures such as freezing accounts or notifying authorities, and we disclaim responsibility, reserving the right to hold relevant individuals accountable.
Malicious market manipulation, improper transactions, or illicit trading activities using this Website are prohibited. Measures such as warnings, trading restrictions, and account closures may be taken, and we disclaim responsibility, reserving the right to hold relevant individuals accountable.

General Provisions

User Agreement:

1.1 This Agreement comprises the main body, Privacy Terms, Understanding Your Client, Anti-Money Laundering Policy, and any rules, statements, or instructions published or to be published by this Website.

1.2 Before using the services, carefully read this Agreement and consult a legal professional if needed. Failure to agree to the terms requires immediate cessation of services. Logging in or using services implies full understanding and agreement to all terms and any changes made.

1.3 Registration as a Website member is achieved by providing necessary information and undergoing relevant procedures. Clicking "I Agree" during registration or service usage signifies agreement via electronic signature. The absence of a handwritten signature does not diminish legal binding force.
1.4 Upon becoming a member of this Website, you will be assigned a member account and corresponding password, which you must securely maintain. As a member, you are responsible for all activities and events conducted through your account.

1.5 Access to the digital asset trading platform and exclusive member services on this Website is restricted until you become a registered member, adhering to the rules and regulations of this Website. Non-members can only log in, browse the Website, and access other services as permitted by the Website's rules and regulations.

1.6 By registering as a member, utilizing the services and functions provided by this Website, you acknowledge that you have read and understood this Agreement. Additionally:
1.6.1 You agree to be bound by all terms and conditions of this Agreement.
1.6.2 You confirm that you meet the age requirements specified by the applicable law, have the legal capacity to enter into contracts, and that your activities on this Website comply with relevant laws and regulations.
1.6.3 You assert that all digital assets involved in transactions are legally acquired and owned by you.
1.6.4 You assume all liabilities for your transaction and non-transaction activities, including associated profits and losses.

1.6.5 You verify the accuracy of information provided during registration.
1.6.6 You agree to comply with all relevant laws, including reporting transaction profits for tax purposes. 1.6.7 You commit to refraining from acts or activities that harm the interests of this Website or the Company, whether or not related to the provided services.
1.6.7 You commit to refraining from acts or activities that harm the interests of this Website or the Company, whether or not related to the provided services.
1.6.8 This Agreement governs rights and obligations exclusively between you and us, excluding legal relations and disputes arising from digital asset transactions between users or other websites.
2. Amendment of this Agreement:

We retain the right to modify this Agreement periodically, and such alterations will be communicated through announcements on the Website without issuing separate notices regarding your rights. The date of the amendment will be clearly specified on the initial page of the revised agreement. The amended agreement becomes effective immediately upon its announcement on the Website. It is your responsibility to regularly visit this Website and stay informed about any amendments, including their timing and content. If you disagree with the modifications, you must cease using the services provided by this Website promptly. Continuing to use these services will be construed as your acceptance and agreement to be bound by the amended agreement.
3. Registration

3.1 Eligibility for Registration: You affirm and commit that you, whether a natural person, legal entity, or any other organization, possess the legal capacity to enter into this Agreement and use the services provided by this Website in accordance with applicable laws. By completing the registration process or utilizing the services in any manner permitted by this Website, clicking the agreement button signifies your agreement or your authorized agent's agreement to the terms of this Agreement. If lacking the mentioned legal capacity, you and your authorized agent will bear the consequences, and the company reserves the right to cancel or permanently freeze your account, holding you and your authorized agent accountable.

3.2 Purpose of Registration: You declare and assure that your registration on this Website is not for the purpose of violating any applicable laws or regulations or disrupting the order of digital asset transactions on this platform.

3.3 Registration Process:

3.3.1 Information Submission: You agree to furnish a valid email address, mobile phone number, and other necessary details as per the user registration page requirements. Login to this Website can be accomplished using the provided email address, mobile phone number, or any other method permitted. As required by applicable laws, regulations, privacy terms, and anti-money-laundering policies, you must provide your real name, identity card, and other necessary information. It is your responsibility to keep this information up-to-date, ensuring its timeliness, completeness, and accuracy. Any loss or adverse consequences arising from inaccurate information will be your responsibility.

3.3.2 Real-Name Registration: In compliance with the real-name registration requirements of the sovereign country or region in which you are based, if applicable, you confirm that the provided mobile phone number has undergone the real-name registration procedure. Failure to provide a duly registered mobile phone number will result in direct or indirect losses and adverse consequences, for which you will be responsible.

3.3.3 Verification and Account Creation: After legally providing and verifying the required registration information, you will obtain an account and password for this Website. Successful acquisition of these credentials signifies your registration completion, allowing you to log in as a member.

3.3.4 Communication Consent: You consent to receiving emails and/or short messages from this Website related to its management and operation.
4. Services

4.1 Content of Services: This Website exclusively offers online transaction platform services for engaging in digital asset trading activities, such as digital asset transactions. It does not act as a buyer or seller in digital asset transactions, and it does not facilitate services related to replenishment and withdrawal of any country's legal currency.

4.1.1 Rights Included:

The right to browse real-time quotes and transaction information of digital asset products on this Website.
The right to submit digital asset transaction instructions and complete digital asset transactions through this Website.
The right to view information under member accounts and utilize the functions provided by this Website.
The right to participate in website activities organized by this Website in accordance with posted rules.
Access to other services promised by this Website.

4.2 Service Rules: 4.2.1 Compliance with Laws and Regulations:

Adherence to applicable laws, regulations, rules, and policy requirements.
Ensuring the legality of the source of all digital assets in your account.
Refraining from engaging in illegal activities or actions that damage the rights and interests of this Website or any third party.

4.2.2 Security Responsibilities:

Compliance with applicable laws and regulations for account usage.
Proper use and maintenance of your account, login password, financial transaction password, and mobile phone number bound to your account.
Sole responsibility for all operations carried out using your account, login password, financial transaction password, and mobile phone verification codes.
Prompt reporting of unauthorized use or security-related issues to the Website.
Prohibition of assigning your account with this Website to any other person without the consent of this Website.
4.2.3 Account Usage Responsibility:
Taking responsibility for all activities using your account and password, including information disclosure, information release, online approvals, submission of various rule agreements, online renewal of agreements, or purchase services.
4.2.4 Transaction Conduct:
Prohibition of malicious interference with the normal progression of digital asset transactions or disruption of transaction order.
Prohibition of using technical or other means to interfere with the normal operation of this Website or disrupt other users' use of services.
Prohibition of malicious defamation of the business goodwill of this Website based on falsified facts.
4.2.5 Dispute Resolution:
Commitment to resorting to judicial or governmental means rather than requesting this Website to provide relevant information in case of a dispute with another user regarding an online transaction.
4.2.6 Financial Responsibilities:
Sole responsibility for all taxes, hardware, software, and service fees incurred in using the services provided by this Website.
4.2.7 Agreement Adherence:
Adherence to this Agreement and other terms of service and operating rules released by this Website, with the right to terminate the use of services provided by this Website at any time.
4.3 Product Rules: 4.3.1 Rules for Trading Products:
Commitment to complying with transaction rules while logging in and engaging in transactions on this Website.
4.3.1.1 Browsing Transaction Information:
Thorough reading and acceptance of all transaction information, including but not limited to price, consignment, handling fee, buying or selling direction, before proceeding with the transaction.
4.3.1.2 Submission of Commission:
Authorization for this Website to broker corresponding transactions upon submitting transaction commissions.
4.3.1.3 Accessing Transaction Details:
Ability to review corresponding transaction records in the transaction statements by the Management Center.
4.3.1.4 Revoking/Modifying Transaction Commission:
Right to revoke or modify transaction commissions at any time before the transaction concludes.
5. Obligations of this Website
5.1 Registration Qualifications:
If you lack the registration qualifications outlined in this Agreement, this Website reserves the right to deny your registration. If you have already registered, this Website may revoke your member account and holds the right to hold you or your authorized agent accountable. The acceptance of your registration application under other circumstances is also at the discretion of this Website.
5.2 Assessment of Suitability:
This Website has the right to suspend or terminate your account and associated accounts if, at its sole discretion, it deems you or your associated account user unsuitable for high-risk investment.
5.3 Unauthorized Access:
If it is discovered that the user of an account is not the initial registrant, this Website can suspend or terminate the user's access to that account.
5.4 Verification of Information:
If this Website reasonably suspects that the information provided by you is incorrect, untrue, invalid, or incomplete, it has the right to notify you to correct or update the information. It may also suspend or terminate the supply of services until the necessary corrections are made.
5.5 Correction of Errors:
This Website can correct any obvious errors in the information displayed on the platform.
5.6 Modification, Suspension, or Termination of Services:
This Website reserves the right to modify, suspend, or terminate its services at any time, with or without prior notice. The termination of services will take effect upon announcement on the Website.
5.7 Maintenance of Trading Order:
This Website is obligated to employ necessary technical means and management measures to ensure the normal operation of the platform. It must provide a reliable trading environment and transaction services to maintain the order of digital assets trading.
5.8 Account Revocation:
If you fail to log into your account for an uninterrupted period of one year, this Website has the right to revoke your account. After revocation, the member name associated with the account may be offered to other membership applicants.
5.9 Security Measures:
This Website is obligated to ensure the security of your digital assets by enhancing technical input and security precautions. It must notify you in advance of foreseeable security risks related to your account.

5.10 Content Deletion:

This Website reserves the right to delete content and information that does not conform to laws, regulations, or platform rules at any time. Prior notice is not required for the exercise of this right.
5.11 Compliance with Local Standards:
In accordance with applicable laws and regulations of the country or region where you are based, this Website has the right to request additional information or data and take reasonable measures to meet local standards. You are obliged to provide proper assistance. Failure to comply may result in the suspension or permanent termination of your access to the Website and its services.

Indemnity

6.1 Limitation of Liability:

In any circumstance, our liability for your direct damage will not exceed the total cost incurred during your three (3) months' use of services provided by this Website.

6.2 Breach Compensation:

In the event of your breach of this Agreement or any applicable law or administrative regulation, you are obligated to compensate us with a minimum of US$ Two million and bear all expenses related to such breach, including but not limited to attorney's fees. If the provided compensation falls short of covering the actual loss, you are required to make up for the difference.

Right to Injunctive Relief

Both you and we acknowledge that common law remedies for breach of agreement or potential breach of contract may be inadequate to cover all the losses sustained. Therefore, in the event of a breach of contract or a potential breach of contract, the non-breaching party has the right to seek injunctive relief, along with all other remedies permitted under common law or equity.

Limitation and Exemption of Liability

8.1 Excluded Events:

You understand and agree that under no circumstance will we be held liable for any of the following events:

8.1.1 Loss of income;

8.1.2 Loss of transaction profits or contractual losses;

8.1.3 Disruption of business;

8.1.4 Loss of expected currency losses;

8.1.5 Loss of information;

8.1.6 Loss of opportunity, damage to goodwill, or reputation;

8.1.7 Damage or loss of data;

8.1.8 Cost of purchasing alternative products or services.

Limitation and Exemption of Liability

8.1 Excluded Events:

You understand and agree that under no circumstance will we be held liable for any of the following events:

8.1.1 Loss of income;
8.1.2 Loss of transaction profits or contractual losses;
8.1.3 Disruption of business;
8.1.4 Loss of expected currency losses;
8.1.5 Loss of information;
8.1.6 Loss of opportunity, damage to goodwill, or reputation;
8.1.7 Damage or loss of data;
8.1.8 Cost of purchasing alternative products or services.

8.1.9 Indirect, Special, or Incidental Loss:

We shall not be held liable for any indirect, special, or incidental loss or damage arising from infringement (including negligence), breach of contract, or any other cause. This applies regardless of whether such loss or damage is reasonably foreseeable by us, and regardless of whether we are notified in advance of the possibility of such loss or damage.

8.1.10 Independence of Clauses:

Items 8.1.1 to 8.1.9 are independent of each other.

8.2 Exemptions from Liability:

You understand and agree that we shall not be held liable for damages caused by the following events:

8.2.1 Justifiable belief that your specific transactions may involve serious violation or breach of law or agreement;
8.2.2 Justifiable belief that your conduct on this Website is suspected of being illegal or immoral;
8.2.3 Expenses and losses arising from the purchase or acquisition of any data, information, or transaction through the services offered by this Website;
8.2.4 Your misunderstanding of the services offered by this Website;
8.2.5 Any other losses related to the services provided by this Website that cannot be attributed to us.

8.3 Service Interruptions:

In cases where we fail to provide the Services or experience delays due to various uncontrollable factors, we shall not be held responsible. Such factors include information network equipment maintenance, connectivity failures, system errors, power failures, weather conditions,

unexpected accidents, and other events beyond our control. We are not liable for any resulting losses you may incur due to service failure or delays.

8.4 Security Risks:

We cannot guarantee the complete safety of all information, programs, texts, etc., on this Website. There may be risks of interference or destruction by malicious programs such as viruses and trojans. Your decision to log into this Website, use its services, download any program, information, or data, and your use thereof involves personal decisions. Therefore, you bear any and all risks and losses that may arise.

8.5 Third-Party Websites:

We make no warranties or commitments regarding information, products, and business on third-party websites linked to this Website. Any other forms of content not belonging to us are also not covered by our warranties. Your use of services, information, and products from a third-party website is a personal decision, and you assume all responsibilities arising from it.

8.6 No Warranties on Services:

We do not provide explicit or implicit warranties regarding your use of the services offered by this Website. This includes, but is not limited to, applicability, freedom from error or omission, consistency, accuracy, reliability, and applicability to a specific purpose. We make no commitments or guarantees regarding the validity, accuracy, correctness, reliability, quality, stability, integrity, and timeliness of the technology and information covered by the services. Logging into this Website or using its services is your personal decision, and you assume all risks and possible losses. We do not offer explicit or implicit warranties regarding the market, value, and price of digital assets. You understand and acknowledge the instability of the digital asset market, the potential for price and value fluctuations, and the voluntary nature of digital asset transactions. Therefore, you assume all risks and losses that may arise from such transactions.

8.7 Sole Guarantees and Statements:

The guarantees and undertakings specified in this Agreement are the only guarantees and statements made by us regarding the services provided under this Agreement and through this Website. They supersede any other warranties and commitments arising in any other way, whether in writing or verbally, express or implied. These guarantees and statements are our commitments and undertakings and do not guarantee any third party's compliance with the guarantees and commitments in this Agreement.

8.8 Non-Waiver of Rights:

We do not waive any rights not explicitly mentioned in this Agreement. To the maximum extent permitted by applicable law, we retain the right to limit, exempt, or offset our liability for damages.

8.9 Approval of Operations:

Upon your registration of your account with this Website, you are deemed to approve all operations performed by us in accordance with the rules set forth in this Agreement. All risks arising from such operations shall be assumed by you.

Termination of Agreement:

9.1 Right to Terminate Services:

This Website reserves the right to terminate all services provided to you in accordance with this Agreement. The termination of all services offered by this Website marks the termination of this Agreement.

9.2 Post-Termination Rights:

After the termination of this Agreement, you do not retain the right to compel this Website to continue providing any services or fulfilling any other obligations. This includes, but is not limited to, requests for the retention or disclosure of information in your former original account, or forwarding any unread or unsent information to you or any third party.

9.3 Liabilities Post-Termination:

The termination of this Agreement does not absolve the breaching party from other liabilities that may be demanded by the observant party.

Intellectual Property:

10.1 Ownership of Intellectual Achievements:

All intellectual achievements on this Website, including website logos, databases, design, text, graphics, software, photos, videos, music, sounds, and combinations of these files, along with the intellectual property rights of software compilation and associated source code, are owned by this Website. Commercial use, copying, modification, transmission, or any other use of these materials or content is prohibited.

10.2 Ownership of Website Rights:

All rights associated with the name of this Website, including business goodwill, trademarks, and logos, are owned by the Company.

10.3 Transfer of Copyright:

By accepting this Agreement, you are deemed to have voluntarily and freely transferred and assigned exclusively and without charge to this Website all copyright of any information you publish on this Website. This includes various rights such as distribution, lease, exhibition, performance, projection, broadcasting, information network dissemination, shooting, adaptation, translation, compilation, and other transferable rights. This applies to any content protected by copyright law, whether generated before or after the signing of this Agreement.

10.4 Prohibition of Illegal Use:

During your use of this Website's services, you must not illegally use or dispose of the intellectual property rights of this Website or any other person. You are not allowed to publish or authorize other websites (or media) to use such information in any manner.

10.5 No Transfer of Intellectual Property:

Your login or use of any services on this Website does not constitute a transfer of any intellectual property rights to you.

Information Protection:

Regarding the collection, use, and protection of your personal information, the privacy policy published on this website shall prevail.

Calculation:

All transaction calculations on this Website are verified by us, and the calculation methods are posted on the Website. However, we cannot guarantee that your use of this Website will be uninterrupted or free from errors.

Export Control:

You understand and acknowledge that, in accordance with the relevant laws of the Republic of Lithuania, you shall not export, re-export, import, or transfer any material (including software) on this Website. You undertake not to voluntarily commit, assist, or participate in any such export or related transfer that violates applicable laws and regulations. If you discover any of the mentioned events, you will report them to us and assist in handling them.

Transfer:

The rights and obligations agreed upon in this Agreement are equally binding on the assignees, heirs, executors, and administrators of the parties benefiting from the rights and obligations. Without our consent, you may not transfer any of your rights or obligations under this Agreement to any third party. However, we may, at any time, assign our rights and obligations under this Agreement to any third party with thirty (30) days' notice to you.

Reversals and Cancellations:

You agree and understand that you cannot cancel, reverse, or change any transaction that has been marked as complete in your account. We reserve the right to refuse to process, or to cancel or reverse, any transaction conducted under your account in our sole discretion, even after funds have been debited from your account. We are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction:
15.1 If we suspect the transaction involves (or has a high risk of involvement in) suspicious trading activity or violations of these Terms.
15.2 If we have reason to believe there was an obvious error in any term, including but not limited to the price, amount, or any other information about the trade.
15.3 If there was a disruption or malfunction in the operation of any trading system.
15.4 If there were extraordinary market conditions or other circumstances in which the nullification or modification of transactions may be necessary.

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If we suspect the transaction involves (or has a high risk of involvement in) suspicious trading activity or violations of these Terms;
If we have reason to believe there was an obvious error in any term, including but not limited to the price, amount, or any other info about the trade;
If there was disruption or malfunction in the operation of any trading system; or
19. If there were extraordinary market conditions or other circumstances in which the nullification or modification of transactions may be necessary.
Severability: If any provision of this Agreement is found unenforceable, invalid, or illegal by any court of competent jurisdiction, the validity of the remaining provisions of this Agreement shall not be affected.
No Agency: Nothing in this Agreement shall be deemed to have created, implied, or otherwise treated us as your agent, trustee, or other representative unless it is provided otherwise in this Agreement.
Waiver: Our or your waiver of the right to hold the other party liable for breaches of the agreement or any other liability as agreed upon in this Agreement shall not be construed or deemed as a waiver of the right to hold the other party for other breaches of the contract; a failure to exercise any right or remedy shall not be construed in any way as a waiver of such right or remedy.
Headings: All headings herein are exclusively for the convenience of wording and are not intended to expand or limit the content or scope of the terms and conditions of this Agreement.
Applicable Law: This Agreement in its entirety is a contract concluded under the laws of the Republic of Lithuania, and relevant laws of the Republic of Lithuania shall apply to its establishment, interpretation, content, and enforcement. Any claims or actions arising out of or relating to the Services agreed in this Agreement shall be governed and interpreted and enforced in accordance with the laws of the Republic of Lithuania. For the avoidance of doubt, this Clause shall be expressly applicable to any tort claim against us. The competent court or forum for any claim or action against us or in relation to us shall be in the Republic of Lithuania. You have unconditional access to exclusive jurisdiction in court proceedings and appeals in the courts of the Republic of Lithuania. You also unconditionally agree that the venue or competent court for any dispute or problem relating to this Agreement or any claim and proceeding arising from this Agreement shall be exclusively in the Republic of Lithuania. If any other business of this Website is subject to any special agreement on jurisdiction, such agreement shall prevail. The Doctrine of Forum Non Conveniens does not apply to the court of choice under these Terms of Service.
Entry into Force and Interpretation of the Agreement:

25.1 This Agreement shall enter into force when you click through the registration page of this Website, complete the registration procedures, obtain your account number and password of this Website, and shall be binding on you and this Website.
25.2 The ultimate power of interpretation of this Agreement shall be vested in this Website.