TERMS OF USE
Last revised: 20 June 2025
These terms of use (the “Terms”) constitute a legally binding agreement between you (“you” or “your”) and Nexora Services Limited ("Fastex", “Nexora”, “we”, “our” or “us”). The Terms govern your use of the Nexora Services made available to you on or through the Platform or otherwise. Nexora Services may be provided by Nexora or, if specified in these Terms, any Product Terms or any additional terms, by any Nexora Affiliate.
By clicking “I Accept” you acknowledge and agree that you will be bound by and will comply with these Terms, as updated and amended from time to time. By registering for a Fastex Account, accessing the Platform and/or using the Nexora Services, you agree that you have read and understood these Terms, together with any additional documents or terms referred to in these Terms. If you do not understand and accept these Terms in their entirety, you should not register for a Fastex Account or access or use the Platform or any Nexora Service. After clicking “I Accept” you will receive a copy of the Terms
RISK DISCLOSURE
By accessing, using or attempting to use Nexora Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Nexora or utilize Nexora Services. For more information about the risks associated with trading or investing in Crypto Assets, you may access our Risk Disclosure at https://www.fastex.com/general-risk-disclosure.
By making use of Nexora services, you acknowledge and agree that: (1) you are aware of the risks associated with transactions of digital currencies and their derivatives;
(2) you shall assume all risks related to the use of Nexora services and transactions of digital currencies and their derivatives;
(3) Nexora shall not be liable for any such risks or adverse outcomes. Trading digital currencies carries inherent risks and may lead to the loss of your invested capital. It is essential to only invest amounts you can afford to lose and to ensure that you fully comprehend the associated risks. Prior to engaging in trading activities, assess your level of experience, your investment objectives, and consider consulting an independent financial advisor if needed. You are solely responsible for ensuring that using Nexora services complies with the legal requirements in your country of residence. The information on this site is not directed at residents of the United States, Canada, Singapore, Japan, Korea, Australia, and New Zealand or any particular country or jurisdiction where such distribution or use would be contrary to local law or regulation.
We do not offer investment or consulting advice. You are responsible for determining the appropriateness of any investment, strategy, or transaction based on your personal objectives, financial situation, and risk tolerance. We are not liable for any decisions you make regarding Crypto Assets based on our information, including any resulting losses. We do not provide investment or consulting advice of any kind and no communication or information that we provide to you is intended as, or should be construed as, advice of any kind. It is your responsibility to determine whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance and you are solely responsible for any associated loss or liability. We do not recommend that any Crypto Asset should be bought, earned, sold or held by you. Before making the decision to buy, sell or hold any Crypto Asset, you should conduct your own due diligence and consult your financial advisor. We are not responsible for the decisions you make to buy, earn, sell or hold Crypto Assets based on the information provided by us, including any losses you incur arising from those decisions. You acknowledge that the Client Crypto Assets held or controlled by us benefits from any form of deposit protection, other than as set out in sub-clause 8.2 below. For more information about the risks associated with trading or investing in Crypto Assets, you may refer to our Risk Disclosure at https://www.fastex.com/general-risk-disclosure.
INFORMATION ABOUT OUR AGREEMENT WITH YOU
1. Introduction
1.1. Nexora is a part of the Fastex Group, a global blockchain-based ecosystem built around an online exchange for trading Crypto Assets. Fastex refers to a comprehensive ecosystem comprising the Fastex websites (including, but not limited to, https://www.fastex.com), mobile applications, clients, applets, and other software developed to provide Fastex Services. It also encompasses independently operated platforms and services within the ecosystem, such as ftNFT, First Ticket, Fastex Pay, Fastchain, Fastverse, and fiat gateways. In the event of any inconsistency between these Terms and the applicable terms of use of any individual platform within the Fastex ecosystem, the respective terms of the specific platform shall prevail. Nexora is a limited liability company, registered with the Republic of Costa Rica National Registry, having company registration number 4062001342087 with our registered offices at Province 01 San Jose, District 02 Escazu, San Rafael, EBC Corporate Center Building, Eight Floor, Sfera Legal Offices. We operate in Costa Rica in compliance with the applicable legal framework governing crypto asset activities, including anti-money laundering (AML) measures.
1.2. By clicking “I Accept” and registering to open a Fastex Account you are entering into a legally binding agreement with us. These Terms will govern your use of the Nexora Services and tell you who we are, how we will provide the Nexora Services to you, how these Terms may be changed or terminated, what to do if there is a problem, along with other important information. You must read these Terms, together with the Privacy Policy, Product Terms, and any documents referenced in the Terms, carefully and you may contact us as described in sub-clause 4.1 below, if you have any questions. You acknowledge that you will be bound by, and agree that you will comply with, any relevant additional terms and conditions that apply to your use of the Nexora Services
2. Definitions
2.1. In these Terms, except where the context requires others, the following terms shall have the following meanings:
“Access IDs” means your Fastex Account details, username, passwords, personal identification numbers, API keys, API secret keys, or any other codes or forms of authentication that you use to access your Fastex Account or the Nexora Services or to send Instructions.
“Account History” means the written record (including electronic records) of your Transactions and your Fastex Account.
“API” means application program interface.
“Applicable Law” or “Applicable Laws” all relevant or applicable statutes, laws (including rules of common law), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgements, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations (whether of a governmental body, regulatory or other authority, or self-regulatory organisation of which Nexora is a member), that are applicable to the provision, receipt or use of the Nexora Services, or any other products or deliverables provided, used or received in connection with the Nexora Services, these Terms, or any Product Terms. These Terms and Conditions and the regulated services being offered by Nexora will be governed by Costa Rica law.
“Backed Crypto Assets” has the meaning given to it in sub-clause 17.3.
“Fastex”, “Nexora”, “we”, “our” or “us” means Nexora Services Limited.
“Fastex Account” means any accounts (including Corporate Fastex Accounts) which are opened by Nexora for you to record your use of Nexora Services.
“Nexora Affiliates” means Nexora, its affiliates, related body corporates, direct or indirect parent entity or subsidiary entity, or entity under common control, and each of their respective officers, directors, employees, agents, licensors, and contractors.
“Nexora API” means an API made available by a Nexora Affiliate to you as a service, or third-party applications relying on such an API.
“Nexora IP” means the Created IP and all other Intellectual Property Rights owned by or licensed, on a sub-licenseable basis, to us as at the date of the Terms and any other Intellectual Property Rights owned or acquired by or licensed, on a sub-licenseable basis, to us after the date of these Terms, and which are provided by us to you in the course of providing you with the Nexora Services.
“Nexora Services” means the services offered by us to you through the Platform which include the receipt & transmission of orders, execution of orders on behalf of other persons, custodian or nominee services, placing of virtual financial assets, the operation of a VFA exchange and transfer services as detailed in the relevant Costa Rica legislation.
“Business Day” means all days excluding Saturday, Sundays, and any day which Costa Rica declares is a bank holiday.
“Chat Service” has the meaning given to it in sub-clause 4.3.
“Client Crypto Assets” means all Crypto Assets held or controlled by us on behalf of you in the course of, or in connection with, the carrying on of any Nexora Service, except for: (i) Crypto Assets immediately due and payable to us for our own account, such as fees for the Nexora Services provided to you; (ii) amounts payable by us for expenses incurred on your behalf; and (iii) and other charges that are due and payable to us.
“Corporate Fastex Account” means a Fastex Account maintained for a corporation, entity, or other organisation for the provision of Nexora Services.
“Created IP” means any Intellectual Property Rights created by you pursuant to these Terms, including the User Materials, but excluding any other User IP.
“Crypto Assets” means a digital representation of value that may be digitally traded, transferred, or used as an exchange or payment tool, or for investment purposes.
“Crypto Asset Exchange Services” means the exchange services offered by Nexora in accordance with the Regulations and subject to the Exchange Trading Rules.
“Crypto Asset Standards” means the standards against which Nexora assesses any Crypto Assets before deeming them Supported Crypto Assets. A copy of the Crypto Asset Standards is available here.
“Dispute” means any dispute, claim, controversy or difference arising out of, relating to or having any connection with the Terms, any Product Terms, including any dispute as to their existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability or the consequences of their nullity, and any dispute relating to any non-contractual obligations arising out of or in connection with them.
“Dominant Crypto Asset” means a Forked Crypto Asset that has dominance over one or more other versions of a Crypto Asset that was subject to the relevant Fork, as determined by us in our sole discretion.
“Eligible Losses” means certain losses, including losses sustained by a user due to a compromise of their Fastex Account login credentials resulting from a vulnerability or other deficiency in Nexora’s systems and/or security protocols, or as may otherwise be determined by Nexora.
“Email Account” means the email account(s) associated with your Fastex Account(s), as agreed with Nexora from time to time, in accordance with any processes identified by Nexora when using the Platform.
“Exchange Trading Rules” means the Product Terms governing the admission of participants to the Nexora exchange, the organisation of Crypto Assets traded on the exchange, and the code of conduct for participants.
“Fiat Currency” means any government or central bank issued national, or supra-national, currency, or other monetary obligation denominated in such currency and which is not a Crypto Asset.
“Fork” means any planned, unplanned, sudden, scheduled, expected, unexpected, publicised, not well- known, consensual, and/or controversial changes to the underlying operating rules of certain Crypto Assets that may occur from time to time, in such a way as to result in the creation of one or more related versions of an existing Crypto Asset.
“Force Majeure Events” means:
a. any fire, strike, riot, civil unrest, terrorist act, war or industrial action;
b. any natural disaster such as floods, tornadoes, earthquakes and hurricanes;
c. any epidemic, pandemic or public health emergency of national or international concern;
d. any act or regulation made by a government, supra national body or authority that we believe stops us from providing Nexora Services on the Platform;
e. the suspension or closure of any Nexora Affiliate;
f. the nationalisation of any Nexora Affiliate;
g. the imposition of limits or unusual terms by a government on any Crypto Assets traded on our Platform; h. excessive changes to the price, supply or demand of any Crypto Asset; i. technical failures in transmission, communication or computer facilities including power failures and electronic or equipment failures;
j. the failure of any supplier, intermediate broker, agent, principal custodian, sub-custodian, dealer, exchange, staking platform, liquidity pool, bridge provider, issuer of a Backed Crypto Asset, market maker, clearing house or regulatory organisation to perform its obligations to us;
k. liquidity providers not providing, or being unable to provide liquidity to us;
l. any labour or trade disputes, strikes, industrial actions or lockouts (other than in each case by Nexora or the Nexora Affiliates); and/or m. an event which significantly disrupts the market for Crypto Assets, which could include excessive movements in the price, supply or demand of a Crypto Asset.
“Forked Crypto Asset” means a Crypto Asset that results from a Fork.
“Indemnified Losses” has the meaning given to it in sub-clause 29.1.
“Instruction” means any instruction, request, or order given to Nexora by you or a Permitted User in relation to the operation of your Fastex Account or to execute any Transaction, through such medium and in such form and manner as Nexora may require.
“Intellectual Property Rights” means: (a) copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or unregistered); (b) applications for registration, and rights to apply for registration, of any of the foregoing rights; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
“Prohibited Countries” means the jurisdiction of Afghanistan, Albania, Algeria, Angola, Bangladesh, Belarus, Burkina Faso, Cameroon, Canada, Cayman Islands, China, Cote d’Ivoire, Democratic Republic of the Congo, Haiti, Iran, Iraq, Jordan, Kenya, Lao PDR, Libya, Lebanon, Mali, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nigeria, North Korea, Panama, Russian Federation, South Africa, South Sudan, Syria, Tanzania, Uganda, USA, Vanuatu, Venezuela, Yemen, as may be amended from time to time.
“Manifest Error” means any error, omission or misquote (whether an error of Nexora or any third party) which is manifest or palpable, including a misquote by any representative of Nexora taking into account the current market and currently advertised quotes, or any error of any information, source, official, official result or pronunciation.
“Mobile App” means any mobile application developed or provided by us or any of the Nexora Affiliates that enables you to use or otherwise access Nexora Services.
“Permitted User” means any person identified to us and authorised to act on a user’s behalf with respect to any Corporate Fastex Account. “Platform” means the digital platform that we or any of the Nexora Affiliates may make accessible to you via Sites, the Mobile App, a Nexora API or by such other means as Nexora Affiliates may prescribe from time to time for the use of Nexora Services.
“Product Terms” means the product-specific terms and conditions that apply to the use of a Nexora Service, in addition to these Terms including. “Regulations” means all the relevant Applicable Laws applicable to the Nexora Services and any guidelines, rulebooks or any other material issued by authority in relation to the Nexora Services.
“Regulatory Authority” means any foreign, domestic, state, federal, cantonal, municipal or local governmental, executive, legislative, judicial, administrative, supervisory or regulatory authority, agency, quasi-governmental authority, court, commission, government organisation, self-regulatory organisation having regulatory authority, tribunal, arbitration tribunal or panel or supra-national organisation, or any division or instrumentality thereof, including any tax authority.
“Restricted Person” means a person or legal entity who (a) is included in any trade embargoes or economic sanctions list (such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by the office of foreign assets control of the U.S. Department of the Treasury (OFAC), or the denied persons or entity list of the U.S. Department of Commerce), or (b) resides, or is established, in any country listed in the list of Prohibited Countries.
“Risk Disclosure” means the general risk disclosure published on the Website.
“Security Breach” means
a. your Fastex Account(s) or any of your Access IDs have been compromised;
b. the loss, theft, or unauthorised use of any of your Access IDs or any unauthorised access to and use of your Fastex Account or the Nexora Services on your behalf; or
c. any other security incident (including a cyber-security attack) affecting you and/or Nexora.
“Sites” means our Website and any other websites, pages, features, or content we own or operate.
“Supported Crypto Assets” means those Crypto Assets that have been assessed against the Nexora Crypto Assets Standards and are available in connection with the use of the Nexora Services.
“Terms” means these terms of use, as amended from time to time, together with any other documents expressly incorporated by reference, including Product Terms.
“Trade Marks” means the Intellectual Property Rights in the trademarks, service marks and logos used and displayed on or through the Platform, the Sites and/or the Nexora Services.
“Transaction” means selling, purchasing, or entering into (or agreeing to enter into) other transactions in Crypto Assets, their derivatives, other asset(s), or product(s) as Nexora may from time to time make available on the Platform, and depositing or withdrawing Crypto Assets or Fiat Currency into or out of your Fastex Account.
“User Chat” has the meaning given to it in sub-clause 4.5.
“User IP” means the Intellectual Property Rights owned by or licensed to you as at the date of these Terms and any other Intellectual Property Rights owned or acquired by or licensed to you after the date of these Terms.
“User Materials” means the Intellectual Property Rights in any reviews, posts, information, data, and comments you or other users provide to us on the Sites (through our “Contact Us” pages or otherwise), the Platform, through the use of Nexora Services, or otherwise. “Website” means the website located at https://www.fastex.com/
2.2. In these Terms: a. clause headings and numbering are for convenience only and do not affect the meaning, priority or interpretation of any clause or sub-clause of these Terms; b. the words “include” or “including” shall mean including without limitation and include without limitation respectively; c. any undertaking to do or not do a thing shall be deemed to include an undertaking not to permit or suffer the doing of that act or thing; d. words importing the singular include the plural and vice versa and words importing a gender include any gender; e. any reference to a document is to that document as amended, varied or novated from time to time otherwise than in breach of these Terms or that document; and f. in the event of inconsistency between these Terms (including any documents referred to in these Terms) the inconsistency shall be solved by giving such provisions and documents the following order of precedence:
i. the Product Terms;
ii. the Privacy Policy; and
iii. these Terms.
3. Eligibility
3.1. By registering to use a Fastex Account, you represent and warrant that:
a.as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms;
b. if you are an individual be at least 18 years old; and
c. if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you have all the necessary rights and authorizations to bind such legal entity;
d. not have been previously suspended or removed from using Nexora Services, except where Nexora has subsequently revoked such suspension or removal; e. not be a Restricted Person; and
f. not be located, incorporated, otherwise established in, a citizen of, or resident or the holder of a work or residence permit of
i. a jurisdiction where it would be illegal under Applicable Law for you to access or use the Nexora Services, or cause us or any third party to contravene any Applicable Law; or
ii. a country listed in our list of Prohibited Countries.
3.2. Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. Nexora reserves the right to change, modify or impose additional restrictions at its discretion at any time, in accordance with clause 19.1.
4. Contact Information
4.1. For more information on Nexora, you may refer to the information found on our Website. If you have questions, feedback or complaints you can contact us via our Customer Support team at [email protected]. These Terms may specify contact details for particular notices. This address is not monitored for those notices.
4.2. We will contact you using the details you provide to us. This may include contacting you by email, SMS or telephone. It is important that you ensure that your contact details are correct and up to date. If your contact details change, you must let us know immediately. If you do not, we will not be responsible if you do not receive information, notices or other important information from us.
4.3. We may provide an interactive online chat service ("Chat Service") for use with any Nexora Services. By using the Chat Service, you may interact with automated systems, including bots and chatbots, as disclosed by law. Information provided through the Chat Service does not constitute a legal agreement, representation, or warranty regarding Nexora Services, processes, decisions, or response times. Personal information shared via the Chat Service is governed by our Privacy Policy. You must not use the Chat Service to send abusive, defamatory, dishonest, obscene, or market-manipulating messages, or to disseminate false information, in violation of Applicable Laws. Such violations may result in the termination of the chat session and restrictions on your access to Nexora Services.
5. Nexora Services
5.1. Once you have opened a Fastex Account, you will be able to use the Nexora Services in accordance with these Terms and the Product Terms that govern your use of each specific Nexora Service. The Services are limited to Crypto Asset Exchange Services.
5.2. You acknowledge and agree that support for some of the Nexora Services may be provided by Nexora Affiliates. Please refer to our third-party outsourcing arrangements which includes a list of the services which may be outsourced to Nexora Affiliates, together with the name of the Nexora Affiliate entity providing these services. This list also contains a description of the third-party service providers which assist Nexora in its provision of the Nexora Services. We will continue to update this list as and when our outsourcing arrangements change.
6. Fees
6.1. You agree to pay all applicable fees in connection with your use of the Nexora Services as set out on the Fee Structure page on our Website, or otherwise communicated to you in any relevant Product Terms.
6.2. You authorise us to deduct all applicable fees, commissions, interest, charges and other sums that you owe from your Fastex Account under these Terms or any Product Terms in accordance with the method of calculation set out on our Fee Structure page. If you owe us an amount in one Crypto Asset and do not have sufficient assets in that Crypto Asset, we may deduct the sums owed in another Crypto Asset to effect payment (in which case we will convert the Crypto Asset you hold into the Crypto Asset in which the sums owed to us are denominated (or the Fiat Currency equivalent), at the rate currently offered on the Platform or at such other commercially reasonable rate as we may determine). In the event that there are insufficient Crypto Assets in your Fastex Account, you acknowledge that any amount due and payable from you under this clause is a debt immediately due and owing by you to us in such amount and form (whether in the form of a Crypto Asset or otherwise) as we may determine, acting in a fair and reasonable manner.
6.3. Nexora does not provide interest on Fiat Currency.
6.4. We may adjust our fees from time to time in accordance with sub-clause 19.3 of these Terms.
6.5. Your account will be credited or debited when you deposit, withdraw, or swap Crypto Assets on our platform. There are no refunds or cancellations of Crypto Asset exchange orders after they have been fulfilled. In the event of a platform technical error, the Company may, however, cancel an order. All purchases are final, and no refunds will be issued under any circumstances, including but not limited to: dissatisfaction with the product or service, change of mind, technical difficulties or compatibility issues, errors in the product description or pricing. Please note that we do not provide refunds for any of our products or services. In addition, withdrawals may be subject to processing times that vary depending on verification requirements and security checks. Nexora reserves the right to extend withdrawal processing times and/or request additional information in cases requiring further review.
6.6. All purchases of Crypto Assets via Nexora are final. No refunds or cancellations are allowed once an order is executed, except in cases of technical errors on the platform. Users are responsible for ensuring the accuracy of order details.
INFORMATION ABOUT YOUR Fastex Account
7. Creating a Fastex Account
7.1. You must create and maintain a Fastex Account to access most aspects of the Nexora Services and the Platform. This may be a Fastex Account for an individual user, or a Corporate Fastex Account where the user is a corporation, entity or other organisation. All Fastex Accounts are provided at our absolute discretion. We reserve the right to refuse any application for a Fastex Account without reason or to limit the number of Fastex Accounts that you may hold.
7.2. By opening a Fastex Account you agree that: a. where you are an individual user, you will use your Fastex Account only for yourself, and not on behalf of any third party, unless you have obtained our prior written consent; and b. where you are a corporate user, your Permitted Users will use the Corporate Fastex Account only for your benefit, and not on behalf of any third party, unless our prior written consent has been obtained. You are fully responsible for all activity that occurs under your Fastex Account.
7.3. You will need to comply with our identity verification procedures before you are permitted to open a Fastex Account and access and use the Nexora Services, by providing us with certain information about yourself and, where relevant, your Permitted Users. All information that you provide must be complete, accurate and truthful. You must update this information whenever it changes. You authorise us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity, and that of any Permitted Users, or protect you and/or us against fraud, money laundering, terrorist financing or other financial crime, and to take any action we deem necessary based on the results of such inquiries. When we carry out inquiries, you acknowledge and agree that your personal information, and that of any Permitted Users, may be disclosed to identity verification, compliance data recordation, credit reference, fraud prevention, or financial crime agencies and that these agencies may respond to our inquiries in full.
7.4. We may also require you to comply with our enhanced due diligence procedures by submitting additional information about yourself, your business or your Permitted Users, providing additional records or documentation, or having face-to-face meetings with representatives of Nexora.
7.5. We may maintain records of any information you provide to us in connection with your Fastex Account and/or the Nexora Services for the lifetime of your Fastex Account and for up to five years after the termination or closure of your Fastex Account for business and regulatory compliance purposes, subject to Applicable Laws. Please review our Privacy Notice for more information on how we collect and use data relating to the use and performance of our Sites and the Nexora Services.
8. Safe Custody
8.1. When Supported Crypto Assets are held in custody by us on your behalf, Nexora shall record, register and properly hold such Supported Crypto Assets to effectively safeguard and control such assets.
8.2. Nexora does not provide interest on the Supported Crypto Assets held on your behalf, other than as specified in the relevant Product Terms.
8.3. Your Supported Crypto Assets will be recorded in your Fastex Account and segregated in our ledger from Supported Crypto Assets belonging to Nexora and/or other users.
8.4. Your Supported Crypto Assets will be pooled on-chain with other Crypto Assets in omnibus wallets.
8.5 Nexora maintains hot wallets, which are online wallets linked to the blockchain and hold a portion of your Supported Crypto Assets. These wallets enable swift withdrawals and trading activities due to their direct connection to the blockchain network.
8.6 In addition to Omnibus wallets and Hot wallets, Nexora will also maintain cold wallets which hold a portion of the exchange's cryptocurrency holdings, which are offline and disconnected from the internet.
8.7. Nexora may conduct a monthly reconciliation of your Supported Crypto Assets that are held by Nexora on your behalf. Nexora will not physically send out statements, instead, you may view your near-real-time statement at any time upon logging into your Account.
8 .6. Unless agreed otherwise in the relevant Product Terms, Crypto Assets deposited by users with Nexora are held in custody by Nexora on behalf of users and not used by Nexora for any other purpose.
9. Information requests
9.1. We may require information from you at any time for the purposes of complying with any Applicable Laws, or identity verification requirements, or in connection with the detection of money laundering, terrorist financing, fraud, or any other financial crime, or for any other valid reason. You agree to provide us with any such information we request and permit us to keep a record of the information for up to ten (10) years, or such other period as prescribed by Applicable Laws.
9.2. Your access to your Fastex Account and the Transaction limits that apply to your use of the Nexora Services may be altered as a result of information collected about you on an ongoing basis. If there is a reasonable suspicion that any information provided by you is wrong, untruthful, outdated, or incomplete,
we may send you a notice to request corrections, remove relevant information, or do such other things that we consider necessary to ensure that the information provided by you is true and correct.
9.3. You must comply with any information request we send to you. If you decline to provide the requested information or otherwise do not comply promptly, we reserve the right to suspend or terminate your access to your Fastex Account or all or part of the Nexora Services immediately and without notice. In order to reinstate access, please log in to the Website or Mobile App and follow the appeal process by raising a ticket with customer service.
10. Accessing your Fastex Account
10.1. To access your Fastex Account, you or, where relevant, your Permitted Users, must have the necessary equipment (such as a computer or smartphone) and access to the internet. Your Fastex Account can be accessed directly using the Platform or by such other mode of access (including APIs) as we may prescribe. You are only permitted to access your Fastex Account by using the Access IDs we provide to you or your Permitted Users for such purposes. We may require multi-factor authentication to keep your Fastex Account safe and secure. The use of the Platform and other access methods may be subject to such additional terms as we communicate to you.
10.2. You must ensure that any Fastex Account(s) registered under your name will not be used by any person other than yourself or, with respect to Corporate Fastex Accounts, your Permitted Users, other than following these Terms. 11. Account information and Transaction records
11.1. You will be able to access your Account History on the Platform. You must review your Account History carefully and let us know if you see any entries or Transactions that you do not recognise or you think are incorrect within fourteen (14) calendar days of the date that your Account History is provided or made available to you.
11.2. We may rectify any error in your Account History at any time, and reserve the right to void or reverse any Transaction involving or deriving from a Manifest Error or to amend the details of such Transaction to reflect what we reasonably consider to be the correct or fair details of such a Transaction absent Manifest Error. Without prejudice to the generality of the other terms in these Terms, and in the absence of fraud or bad faith, Nexora shall in no circumstances be liable to you for any loss or demand of whatsoever nature you may suffer or incur in connection with any Manifest Error howsoever arising, whether direct or indirect, special or consequential, including, but not limited to, loss of profit or loss of opportunity, even if Nexora had been advised of the possibility of the same arising or that the same were reasonably foreseeable.
11.3. We may be required under Applicable Laws to share information about your Fastex Account and Account History with third parties. You acknowledge and agree that we are entitled to disclose such information.
USING YOUR ACCOUNT
12. Instructions
12.1. You must ensure that any Instruction submitted is complete and accurate. We are not required to verify the accuracy, authenticity or validity of any Instruction and will not monitor or reject Instructions on the basis that they are, or appear to be, duplicates. However, if we are in doubt as to the accuracy, authenticity or validity of an Instruction, we may refuse to act upon or defer acting upon any Instruction, or seek further information with respect to the Instruction. Instructions are irrevocable and therefore once an Instruction has been submitted, you, or your Permitted Users, have no right to rescind or withdraw it without our written consent. Your Instruction is not deemed to be received by us until it has been received by our server. Our record of all Instructions will be conclusive and binding on you for all purposes.
12.2. By submitting an Instruction, you or your Permitted Users are authorising us to initiate the Transaction on your Fastex Account. We are therefore authorised to credit or debit (or provide settlement information to third parties for the purposes of the third party crediting or debiting) your Crypto Assets from your Fastex Account in accordance with your Instruction. If you have insufficient Crypto Assets or Fiat Currency in your Fastex Account to effect the Transaction (i.e. less than the required amount to settle the Transaction and to pay all the fees associated with the Transaction), then we have the right to refuse to effect any Transaction. It is your responsibility to hold sufficient Crypto Assets credited in your Fastex Account.
12.3. You are aware that Instructions and information transmitted on the Platform or by email are generally transmitted via the internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the Instructions and information transmitted will be completely protected against unauthorised access, and you accept the associated risks.
12.4. Subject to these Terms and any applicable Product Terms, and provided that you have sufficient balance on your Fastex Account and the relevant Crypto Assets or Fiat Currency is not on hold in your Fastex Account in connection with any Nexora Service, you may give Instructions to Nexora to transfer Crypto Assets to an external wallet address or Fiat Currency to an external account in your name by submitting a withdrawal request on the Platform. Upon receipt of the withdrawal request, Nexora will:
(a) deduct the relevant amount from your Fastex Account balance; and
(b) initiate an on-chain transfer to an external wallet, or bank transfer to the relevant account, as designated by the User. Nexora may not process a withdrawal request if, in our reasonable opinion, we consider that Applicable Laws prevents the execution of the relevant withdrawal. Nexora may also suspend withdrawals at such time as deemed appropriate by Nexora to resolve any incidents on the Platform. Once such incidents have been resolved, Nexora will resume withdrawals in accordance with this sub-clause.
13. Transactions
13.1. You may enter into Transactions directly with us or directly with other users, which may or may not be facilitated by us. We do not represent or warrant that any Transaction will be completed successfully or within a specific time period.
13.2. You are solely responsible for the control and use of your Fastex Account. As such, we will assume that you, or a Permitted User, have authorised any Instruction sent from your Fastex Account unless we are notified otherwise. It is important that you monitor your Account History to ensure any unauthorised or suspicious activity on your Fastex Account is identified and notified to us as soon as possible. We are not responsible for any claim or losses resulting from a Transaction executed as a result of an unauthorised Instruction unless you have notified us in accordance with this sub-clause.
13.3. To facilitate compliance with global industry standards for data retention, you agree to permit us (but agree to not require us) to keep a record of all Transaction information for the lifetime of your Fastex Account plus five (5) years beyond your Fastex Account’s termination, or such other period as prescribed by Applicable Laws. Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our Sites and the Nexora Services.
13.4. Crypto asset transactions executed on the Nexora platform are final and cannot be reversed or refunded once completed. Users acknowledge and accept that cryptocurrency transactions are inherently irreversible due to the nature of blockchain technology. Nexora shall not be liable for any losses or errors resulting from mistaken transactions. 14. Material interests and conflicts 14.1 You understand that Nexora is a member of a group of companies which is involved in activities connected with Crypto Assets.
14.2. You acknowledge, agree, and accept that:
(a) we may appoint one or more liquidity providers (which may include Nexora Affiliates acting in such capacity) to provide liquidity on the Platform, and any such liquidity provider may enter into any Transaction with you as your counterparty;
(b) liquidity providers may also maintain positions in various Crypto Assets as part of their liquidity provision activities, including positions in Crypto Assets that are contrary to your positions; and
(c) such liquidity provision activities may be done by way of algorithmic trading. Such liquidity provision can have an impact on the price of Crypto Assets and the liquidity at levels necessary to execute a transaction. We will not deliberately carry out liquidity provision with the intention of harming your interests and will endeavour to minimise any market impact. We may realise a profit, or equally, a loss, in connection with liquidity provision.
14.3. You understand and agree that neither your relationship with us nor any Nexora Service we provide to you, nor any other matter, will give rise to any fiduciary or equitable duties on our part, or the part of any Nexora Affiliate. In particular, we and any Nexora Affiliate may from time to time act in more than one capacity (for example, as both market maker and broker and/or as principal and agent), and in those capacities we may receive fees or commissions from more than one user (including you). You agree that we may act in such capacities and provide any other Nexora Services or carry out any business with or for you, any Nexora Affiliate or any other user.
14.4. You understand and agree that neither we nor any Nexora Affiliate will be required to:
(a) have regard to any information known to us, or to any Nexora Affiliate, which is a material interest;
(b) disclose any such information to you; or
(c) use any such information for your benefit. You further acknowledge that from time to time we may receive general market information in the course providing Nexora Services to you, which we may use in the ordinary course of our business.
14.5. We have established and maintain effective organisational and administrative arrangements with a view to taking all appropriate steps to identify and manage conflicts of interest between us and our users and relevant third parties, so as to prevent conflicts of interest from adversely affecting the interests of our users. In cases where such organisational and administrative arrangements are not sufficient to ensure that the risks of damage to your interests will be prevented, we will inform you of the nature and/or sources of the relevant conflicts of interest and the steps taken to mitigate those risks in order to allow you to make an informed decision as to whether to continue to transact with us. We reserve the right at all times to decline to act for you where we are not able to manage a conflict of interest in any other way.
15. Transaction limits
15.1. Your Fastex Account may be subject to a limit on: a. the amount or volume of Transactions you may undertake in connection with your Fastex Account ; and/or b. the amount or value of Fiat Currency or Crypto Assets you may transfer into or out of your Fastex Account, in each case in a given period (e.g. daily). Any applicable limits are shown in your Fastex Account.
15.2. We reserve the right to change any Transaction limit that applies to your Fastex Account at any time at our absolute discretion. It may also be possible for you to request a change in your limits. Any change will be made in our absolute discretion and will be subject to any further conditions that we deem necessary.
16. Supported Crypto Assets
16.1. The Nexora Services are only available in respect of Supported Crypto Assets, which may change from time to time. A list of the Supported Crypto Assets is published on our Website. Please also refer to Crypto Assets Standards Disclosure, which sets out the standards against which we assess the Accepted Crypto Assets before listing them on the Platform. We may remove or suspend one or more Crypto Assets from the list of Supported Crypto Assets at any time, meaning that you will no longer be able to access such Crypto Assets as part of the Nexora Services and will be no longer able to hold such Crypto Assets credited to your Fastex Account or make any deposits or withdrawals. We may do so with immediate effect, advance notice or reason. If Crypto Assets that are no longer Supported Crypto Assets remain in your Fastex Account beyond a specified period, Nexora may in its discretion convert such Crypto Assets to a Supported Crypto Asset that is a stablecoin. Nexora shall notify you in advance of any such conversion and you shall always have the opportunity during a period of time specified by Nexora to withdraw the relevant Crypto Assets before they are converted into a stablecoin. We assume no responsibility or liability in connection with any attempt to use your Fastex Account for Crypto Assets that we do not support at the relevant time.
16.2. We may temporarily suspend any Nexora Services in relation to a particular Crypto Asset while we determine whether or not to support a Fork. We are under no obligation to support a Fork of a Crypto Asset that you hold in your Fastex Account, regardless of whether or not any resulting version of such Forked Crypto Asset is a Dominant Crypto Asset or not. If we elect to support a Fork of a Crypto Asset, we will make a public announcement through our Website or by such other means as we may deem appropriate. You acknowledge that we have no control over, nor do we have the ability to influence, the creation or implementation of a Fork. We can provide no assurances about the security, functionality or supply of any Crypto Asset, including both the new Dominant Crypto Asset or other Crypto Assets subject to the relevant Fork. You may not be able to trade the Forked Crypto Assets on the Platform and you may lose any value associated with the relevant Crypto Assets.
16.3. We may from time to time support Crypto Assets that purport to be backed by or otherwise tied or pegged in value to another asset, including Crypto Assets, Fiat Currency or commodities such as silver or gold (“Backed Crypto Assets”). You agree that you have read, understood and accepted all of the terms and conditions and risks associated with each particular Backed Crypto Asset before entering into any Transaction relating to that Backed Crypto Asset. We have no obligation to purchase, repurchase or effect or facilitate the redemption of your Backed Crypto Assets for any particular Fiat Currency or asset. We reserve the right to change, suspend, or discontinue any service concerning any Backed Crypto Asset. We make no representation as to whether any particular Backed Crypto Asset will hold its value as against any asset, nor as to the amount or quality of reserves or collateral held by each issuer or any third party in relation to any Backed Crypto Asset.
17. Account Security
17.1. You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material. Except as provided by Applicable Laws, you are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through Nexora Services. We are not responsible for any claims or losses resulting from your failure to comply with this clause.
17.2. At all times, you and any Permitted Users shall maintain adequate security and control of all of your Access IDs. You are solely responsible for taking the necessary security measures (or ensuring that your Permitted Users take such measures) to protect your Fastex Account and to keep your Access ID secure, including by: a. strictly abiding by all of our mechanisms or procedures; b. creating a strong password and maintaining security and control of your Access IDs; c. keeping the Email Account and telephone number provided to us up to date in order to receive any notices or alerts that we may send you; d. never allowing remote access or sharing your computer and/or computer screen with someone else when you are logged on to your Fastex Account; e. remembering that under no circumstances will we ask you to share your passwords or 2-factor authentication codes; and f. logging out from the Sites or Platform at the end of each visit. You must keep the Email Account and Access IDs secure against any attacks and unauthorised access. You must notify us immediately if you have knowledge or have reason for suspecting that the security of your Email Account, or that of a Permitted User, has been compromised or if there has been any unauthorised use of your or any Permitted User’s Email Account.
17.3. It is important that you monitor your Account History to ensure any unauthorised or suspicious activity on your Fastex Account is identified and notified to us as soon as possible. You acknowledge that any Security Breach may result in unauthorised access to your Fastex Account by third parties and the loss or theft of any Crypto Assets and/or funds held in your Fastex Account and any associated accounts, including your linked bank account(s) and credit card(s). 17.4. If you suspect a Security Breach, you must ensure that: a. we are notified immediately using the details set out in sub-clause 3.1 and continue to be provided with accurate and up-to-date information throughout the duration of the Security Breach; and b. your Fastex Account is immediately locked via the disable account function on the Platform or via any other method as may be prescribed by us from time to time; and c. you take any other steps that we may reasonably require to reduce, manage or report any Security Breach. We reserve the right to request, and you agree to provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected Security Breach, and may provide such information to any third party that we deem necessary in order to resolve any Security Breach.
OTHER IMPORTANT INFORMATION
18. Privacy
Our collection and use of personal information in connection with these Terms, the Nexora Services, the Platform and any Site is as provided in our Privacy Notice (as updated from time to time). By accessing your Fastex Account and using the Nexora Services, you confirm that you have read, understood and agree to the terms of our Privacy Notice.
We reserve the right to record all communications with you, including those conducted electronically, by telephone, in person, or through any other means, in connection with these Terms. These recordings will be our exclusive property and will serve as evidence of the communications between you and us. You acknowledge that telephone conversations may be recorded without any warning tone or additional notice.
19. Changes to these Terms
19.1. We can make changes to these Terms and any terms and conditions incorporated by reference (including any Product Terms) at any time and your acceptance of these Terms constitutes your express consent to this. We will let you know of any changes by email or via our Website. We will inform you in advance of most changes whenever possible. However, there may be situations where we need to make changes without prior notice. This may include, but is not limited to, the following circumstances:
a. where we are making the change as a result of legal and/or regulatory changes that Nexora has no control over them;
b. the changes being made are in your interest;
c. the changes are to make these Terms clearer to you; and/or
d. there is any other valid reason which means there is no time to give you notice. Where we are unable to give you advance notice, we will let you know of the change as soon as possible after it is made. Nexora will maintain a record of all versions of the Terms and be able to identify all changes made between versions.
19.2. If we do not hear from you, we will assume that you have accepted the change and your continued access to or use of Nexora Services will be deemed acceptance of the updated Terms.
19.3. We may also make changes to the fees set out in the Fee Structure page on our Website, including introducing new fees and/or charges. If you do not wish to accept any changes, you are free to close your Fastex Account in accordance with sub-clause 20.1 of these Terms. If we do not hear from you, we will assume that you have accepted the change, and your continued access to or use of the Nexora Services will be deemed acceptance of the updated Terms.
20. Closing your Fastex Account
20.1. You may terminate your Fastex Account at any time by following the account termination procedures as prescribed by us from time to time. You will not be charged for terminating your Fastex Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation, and to deduct any outstanding amounts that you owe us from your Fastex Account. In certain cases, you may not be able to close your Fastex Account, including where:
a. you are trying to evade an investigation by relevant authorities;
b. you have a pending Transaction or an open Dispute;
c. your Fastex Account has any outstanding amounts owed to us; or
d. your Fastex Account is subject to a freeze, hold, limitation or reserve.
20.2. We may close your Fastex Account for any reason at any time. In most circumstances, we will give you thirty (30) calendar days’ notice in advance of closing your Fastex Account and the reason for the closure. However, there could be circumstances where we are entitled or required to close your Fastex Account without giving you notice or telling you of the reasons for the closure. This may include, but is not limited to, the following circumstances:
- In cases where there is suspicion or evidence of fraudulent activity, unauthorized access, or any activity that compromises the security of our platform or other users.
- Where you are found to be in violation of the Terms of Use, including but not limited to engaging in prohibited activities or misusing the Nexora services.
- Situations where your account activity poses a significant risk to Nexora or other users, including but not limited to financial risk, operational risk, or reputational risk.
- Where we are required to close your account pursuant to a court order or other legal process. In such cases, we may close your account immediately and without prior notice."
20.3. If we decide to close your Fastex Account you will be required to withdraw all Crypto Assets held in your Fastex Account and cease using the Nexora Services. In the event that you fail to do so within 30 calendar days upon of the notice, we may in our absolute discretion, and without further notice to you:
a. mark your Fastex Account as a dormant account;
b. close any open positions;
c. convert the Crypto Assets to a different type of Crypto Asset. In doing so, we will not be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion;
d. transfer such dormant account (including any Crypto Assets held in the account) to another Nexora Affiliate, any third-party custodian or an isolated wallet where we consider it is reasonably necessary to do so. If this happens, you have the right to retrieve your Crypto Assets, subject to satisfying our reasonable verification requirements;
e. charge a dormant account fee to cover the cost of maintaining the Crypto Assets with any Nexora Affiliate or any third party, with such fee to be withdrawn directly from the dormant account on a monthly basis; and
f. close a dormant account at any time.
After a dormant account is closed, it cannot be reactivated and you will need to register a new Fastex Account if you wish to continue to use Nexora Services. You acknowledge that we will be under no obligation to pay any reward, incentive or interest which we might otherwise have agreed to pay, under the applicable Product Terms, to your dormant account in relation to the Crypto Assets credited to it.
21. Termination, suspension, holds and restrictions
21.1. We may at any time modify or discontinue, temporarily or permanently, any portion or feature of the Nexora Services. In particular, we may: (1) refuse to complete or block, cancel, or, where permitted by Applicable Laws, reverse any Transaction you have authorised; (2) terminate, suspend, or restrict your access to any or all of the Nexora Services; (3) terminate, suspend, hold or restrict your access to any or all of your Fastex Account(s); (4) refuse to transmit information or Instructions to third parties (including but not limited to third-party wallet operators); and/or (5) take whatever action we consider necessary, in each case with immediate effect and for any reason including, but not limited to where:
a. you are not, or are no longer, eligible to use one or more Nexora Services;
b. we reasonably suspect that:
i. the person logged into your Fastex Account is not you, or we suspect that the Fastex Account has been or will be used for any illegal, fraudulent, or unauthorised purposes;
ii. the person logged into your Corporate Fastex Account is not a Permitted User, or we suspect that the Corporate Fastex Account has been or will be used for any illegal, fraudulent, or unauthorised purposes;
iii. more than one natural person has access to and/or transacts using the same Fastex Account, or we suspect that Fastex Account has been or will be used for any illegal, fraudulent, or unauthorised purposes;
iv. information provided by you is wrong, untruthful, outdated, or incomplete;
c. we have reasonable concerns in relation to your creditworthiness or financial status, including:
i. in the event that you are an individual, you become bankrupt, of unsound mind, commit an act of bankruptcy, or have action to place you in bankruptcy commenced against you;
ii. in the event that you are acting on behalf of a partnership, any of the partners die or become bankrupt or of unsound mind, commit an act of bankruptcy, or have action to place any of the partners in bankruptcy commenced, or if action is commenced to dissolve and/or alter the partners or the constitutions of the partnership;
iii. in the event that you are acting on behalf of a corporation, the corporation is unable to pay its debts as and when they are due, or action is commenced to place the corporation in insolvency, judicial management, receivership, administrative management, or any similar or analogous proceedings;
iv. you convene a meeting of your creditors or propose or make any compromise or arrangement with or any assignment for the benefit of your creditors;
d. pending submission of such information and documents in accordance with clauses 7 and 10;
e. pending submission of Enhanced Due Diligence in accordance with sub-clause 7.4;
f. we reasonably consider that we are required to do so by Applicable Laws, or any court or authority to which we are subject in any jurisdiction;
g. we have determined or suspect:
i. that you have breached these Terms or any Product Terms;
ii. that you have breached any express or implied warranties in these Terms, or any representations you have made;
iii. that any Transaction is unauthorised, erroneous, fraudulent, or unlawful or we have determined or suspect that your Fastex Account or the Nexora Services are being used in a fraudulent, unauthorised, or unlawful manner;
iv. there is any occurrence of money laundering, terrorist financing, fraud or any other crime in connection with your Fastex Account or your use of the Nexora Services;
h. the use of your Fastex Account is subject to any pending, ongoing or threatened litigation, investigation, or judicial, governmental or regulatory proceedings and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Fastex Account activity;
i. you owe amounts to Nexora that are not satisfied, whether due to a chargeback or on any other basis;
j. any email communication to your Email Account is returned as undeliverable;
k. an issue has arisen with the verification of your identity;
l. you have taken any action that may circumvent our controls such as opening multiple Fastex Accounts without our written consent or abusing promotions which we may offer from time to time; or
m. there is any other valid reason which means we need to do so.
n. By accessing Nexora Services, you agree that Nexora has the right to investigate and to suspect any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
(i) Blocking and closing order requests;
(ii) Freezing your account;
(iii) Limiting exchange, deposit and withdrawal amounts;
(iv) Reporting the incident to the authorities;
(v) Publishing the alleged violations and actions that have been taken;
(vi) Deleting any information you published that are found to be violations.
21.2. You acknowledge and agree that:
a. the examples set out in sub-clause 22.1 above of when we might take action to terminate, suspend or restrict your access to your Fastex Account and/or the Nexora Services is a non-exhaustive list, and we may take such action for any reason whatsoever; and
b. our decision to take certain actions, including, without limitations, to terminate, suspend, or restrict your access to your Fastex Account or the Nexora Services, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you.
21.3. What happens when we exercise our rights. Where we terminate, suspend, hold or restrict your access to one or more Nexora Services:
a. if you have Instructions, trades, positions, or Transactions that are open, they may be closed by you, or by us, depending on the circumstances of the termination, suspension, hold, restriction, or other action we take;
b. any chargeback resulting from the use of your Fastex Account or Nexora Services may result in an immediate suspension and/or restriction of your Fastex Account and Nexora Services;
c. to reactivate suspended and/or restricted Fastex Account or Nexora Services, you may be required to reimburse us for the full value of the chargeback;
d. you are liable for any credited amounts in case of a chargeback, and you authorise and grant us the right to deduct costs and fees directly from any assets in your Fastex Account without notice; and
e. if you do not contact us or reply to our notice of termination within 15 calendar days upon receipt of the notice, we may remove your Crypto Assets from your Fastex Account and transfer them to a third party (such as a government body) or hold them as Nexora assets, after such period and to the extent permitted by Applicable Laws.
21.4. If we are informed and reasonably believe that any Crypto Assets or funds held in your Fastex Account are stolen or otherwise are not lawfully possessed by you (whether by error or otherwise), we may, but have no obligation to, place a hold on the affected funds and your Fastex Account. Where we place a hold on some or all of your Crypto Assets or your Fastex Account, we may continue such hold until such time as evidence, acceptable to us, proves that you are entitled to possession of the Crypto Assets and/or Fiat Currency held in your Fastex Account. We will not get involved in any such Dispute, or the resolution of the Dispute, relating to any Crypto Assets and/or Fiat Currency held in your Fastex Account.
21.5. Residents of some countries may only be able to access some, but not all, Nexora Services. We may change the Nexora Services that are available to you from time to time. If you travel to a location included on our list of Prohibited Countries, Nexora Services may not be available and your access to the Nexora Services may be blocked. You acknowledge that this may impact your ability to trade on the Platform and/or monitor any existing orders or open positions or otherwise use the Nexora Services. You must not attempt in any way to circumvent any such restriction, including by use of any virtual private network to modify your internet protocol address. INTELLECTUAL PROPERTY
22. Background IP
All intellectual property rights, including but not limited to patents, copyrights, trademarks, trade secrets, and any other proprietary rights, that are owned or controlled by Nexora, and that exist prior to the commencement of this Agreement or are developed independently of this Terms ("Nexora IP"), shall remain exclusively vested in Nexora. Nothing in these Terms shall be construed as transferring any rights, title, or interest in the Nexora IP to the User.
23. Licence of Nexora IP We grant to you a non-exclusive licence for the duration of these Terms, or until we suspend or terminate your access to the Nexora Services, whichever is sooner, to use the Nexora IP, excluding the Trade Marks, solely as necessary to allow you to receive the Nexora Services for non-commercial personal or internal business use, in accordance with these Terms.
24. General
24.1. You agree and acknowledge that:
(a) we are not responsible for any User Material (whether provided by you or by third parties) which may be made available on the Platform or the Sites, and
(b) use of any such User Material is at your own risk and that we do not provide any warranties in relation to the same.
24.2. We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post or display on the Platform or the Sites (including any User Material) for any reason. We reserve the right to take any actions as we deem appropriate at our sole discretion, including giving a written warning to you, removing any User Material, recovering damages or other monetary compensation from you, suspending or terminating your Fastex Account (if any), or suspending your access to the Platform and/or the Sites. We shall also have the right to restrict or ban you from any and all future use of any Nexora Services.
24.3. You agree that we may record any communications, electronic, by telephone, in person or otherwise, that we have with you in relation to these Terms, and that any recordings that we keep will be our sole property and you accept that they will constitute evidence of the communications between you and us. You agree that telephone conversations may be recorded without the use of a warning tone or any other further notice.
YOUR OBLIGATIONS AND LIABILITY
25. Prohibited use
25.1. By opening a Fastex Account, and without prejudice to any other restriction or limitation set out in these terms, you agree that you and any Permitted User will not:
a. breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms, including, but not limited to, any Product Terms;
b. make any adverse, critical or disparaging statements, allegations or comments (whether expressly or by implication) with respect to us or any Nexora Affiliate;
c. use Nexora Services in a manner that violates public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prevent other users from using Nexora Services;
d. use Nexora Services for resale or commercial purposes, including transactions on behalf of other persons or entities, unless expressly agreed by us in writing;
e. use the Nexora Services for market manipulation (such as pump and dump schemes, wash trading, self- trading, front running, quote stuffing, and spoofing or layering) regardless of whether prohibited by Applicable Laws;
f. engage in fraudulent activities, or cause us to suspect that you or any Permitted User have engaged in fraudulent activities and/or Transactions;
g. use Nexora Services to conduct lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; or games of chance;
h. (i) receive, or attempt to receive, funds from both us and another user for the same Transaction during the course of a Dispute;
(ii) conduct your business or use the Nexora Services in a manner that results in, or may result in, complaints, Disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liability to us, other users, third parties, or yourself; and
(iii) allow your Fastex Account to have a negative value or quantity of Crypto Assets;
i. provide false, inaccurate or misleading information in connection with your use of the Nexora Services, in communications with us, or otherwise connected with these Terms;
j. (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the Platform, or replicate or bypass the navigational structure or presentation of Nexora Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Nexora Services;
(ii) attempt to access any part or function of the Platform without authorisation, or connect to Nexora Services or any of our servers or any other systems or networks of any Nexora Services provided through the Platform by hacking, password mining or any other unlawful or prohibited means;
(iii) probe, scan or test the vulnerabilities of Nexora Services or any network connected to the Platform, or violate any security or authentication measures on Nexora Services or any network connected to Nexora Services;
(iv) reverse look-up, track or seek to track any information of any other users or visitors of Nexora Services; (v) take any actions that impose an unreasonable or disproportionately large load on the infrastructure of systems or networks of Nexora Services or Nexora, or the infrastructure of any systems or networks connected to Nexora Services;
(vi) use any devices, software or routine programs to interfere with the normal operation of Nexora Services or any transactions on Nexora Services, or any other person’s use of Nexora Services; or
(vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to us;
k. modify or adapt the whole or any part of the Platform or combine or incorporate the Platform into another program or application;
l. disassemble, decompile, reverse-engineer, or otherwise attempt to derive the source code, object code underlying concepts, ideas, and algorithms of the Platform or any components thereof;
m. modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in such intellectual properties or any part of the intellectual properties, or create derivative works or otherwise take advantage of any part of the intellectual properties; n. facilitate any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information in connection with the Nexora Services;
o. (i) use an anonymizing proxy;
(ii) use any temporary, disposable, self-destructive, or similar email address when opening a Fastex Account and/or using the Nexora Services;
(iii) use any device, software, or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Sites or the Nexora Services; and
(iv) take any action that may cause us to lose any of the services from our internet service providers, or other suppliers; p. create any security over your Fiat Currency or Crypto Assets held in any of your Fastex Account without our prior written consent; and/or q. violate, or attempt to violate,
(i) any Applicable Laws; or
(ii) ours or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy. 25.2 By accessing and using Nexora services, you represent and warrant that you have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list), the list of specially designated nationals maintained by OFAC (the Office of Foreign Assets Control
of the U.S. department of the treasury), or the denied persons or entity list of the U.S. department of commerce. Additionally, you represent and warrant that you are neither a resident nor a national of any High-Risk Country. These restricted jurisdictions include: Afghanistan, Albania, Bangladesh, Belarus, Burkina Faso, Cameroon, Canada, Cayman Islands, China, Democratic Republic of the Congo, Gibraltar, Haiti, Iran, Iraq, Jordan, Lebanon, Libya, Mali, Morocco, Mozambique, Myanmar, Nigeria, North Korea, Philippines, Russian Federation, Senegal, South Africa, South Sudan, Syria, Tanzania, Uganda, USA, Vanuatu, Yemen. Nexora reserves the right to choose markets and jurisdictions to conduct business and may restrict or refuse, in its discretion, the provision of Nexora services in certain countries or regions. Please note that if you are a resident or national of a High-Risk Country as defined above, Nexora may require additional documentation to verify your identity and assess compliance with Applicable Laws.
26. Representations and warranties
You hereby represent and warrant to us, at all times, the following:
a. all documents and information you provide to us are true, accurate, complete, and up to date in all respects, and may be relied upon by us in determining whether or not you are eligible to access the Platform or to use the Nexora Services;
b. all decisions made in connection with these Terms were solely and exclusively based on your own judgement and after your own independent appraisal of your financial resources, ability and willingness to take relevant risks and financial objectives;
c. you have full power, authority, and capacity to (i) access and use the Platform and/or the Nexora Services; and
(ii) enter into and deliver, and perform your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, including, but not limited to, any Product Terms;
d. if you are a corporation, partner in a partnership, or trustee of a trust:
i. the corporation, partnership or trust has and will be operated in a way that is compliant with Applicable Law;
ii. you will notify us immediately if there is any change, by way of resignation, removal, appointment or death, of any of the directors, partners, trustees, settlor(s) or ultimate beneficial owners or any person authorised to operate your Fastex Account; and
iii. you will inform us immediately if the corporation, partnership, or trust is dissolved either on a voluntary or involuntary basis;
e. all consents, permissions, authorisations, approvals and agreements of third parties and all authorisations, approvals, permissions, consents, registrations, declarations, filings with any Regulatory Authority, governmental department, commission, agency or other organisation having jurisdiction over you which are necessary or desirable for you to obtain in order to
(i) access and use the Platform and/or the Nexora Services; and
(ii) enter into and deliver, and perform the Transactions contemplated under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, have been unconditionally obtained in writing, disclosed to us in writing, and have not been withdrawn or amended;
f. these Terms and any agreement entered into pursuant to, or in connection with, these Terms constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms;
g. that you are not a Restricted Person;
h. if you are a legal entity, you are duly incorporated, duly organised, and validly existing under the laws of your jurisdiction and have full power to conduct your business. If you are an individual, you are not less than 18 years old; and
i. your access and use of the Platform and/or the Nexora Services, your execution and delivery of, and the performance of your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, will not:
i. if you are a legal entity, partner in a partnership or trustee of a trust result in a breach of or conflict with any provision of your constitution, articles of association, partnership agreement, trust deed or equivalent constitutive documents;
ii. result in a breach of, or constitute a default under, any instrument, agreement, document or undertaking to which you are a party or by which you or any of your property is bound or subject; and
iii. result in you, or cause us or any third party to, breach any Applicable Laws, decree or judgement of any court, or any award of any arbitrator or those of any governmental or Regulatory Authority in any jurisdiction.
27. Technology disclaimers
27.1. Nexora Services and any information provided on the Sites and the Platform, including Chat Services, are provided on an “as is” and “as available” basis without any representation or warranty, whether express or implied, to the maximum extent permitted by Applicable Law. Specifically, we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the Sites, the Platform, any of your Fastex Account(s), Nexora Services, or any of the materials contained therein, will be continuous, uninterrupted, timely or error-free. This could result in the inability to trade on the Platform for a period of time and may also lead to time delays.
27.2. We may, from time to time, suspend access to your Fastex Account and/or the Nexora Services, for both scheduled and emergency maintenance. Where possible, we will provide advance notice of any such maintenance. We will make reasonable efforts to ensure that Transactions on the Platform are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors outside of our control.
27.3. Although we make reasonable efforts to update the information on the Sites and the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Sites and the Platform, including information in relation to the Nexora Services, is accurate, complete or up to date.
27.4. Links to third-party websites (including, without limitation, content, materials, and/or information in the third-party websites) may be provided as a convenience but they are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the content, materials, information or services contained in any third-party websites accessible or linked from the Platform or the Sites.
27.5. You are responsible for obtaining the data network access necessary to use the Nexora Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Nexora Services and Sites and any updates thereto and to maintain the security of relevant hardware or devices. Nexora does not guarantee that the Nexora Services, or any portion thereof, will function on any particular hardware or devices. The Nexora Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
28. Indemnity
28.1. You shall indemnify and hold us harmless from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third-party, governmental authority, or industry body, and all claims, liabilities, damages (actual and consequential), losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation), costs, and expenses, including without limitation all interest, penalties and legal and other reasonable attorneys’ fees and other professional costs and expenses (“Indemnified Losses”), arising out of or in any way connected with: a. your access to or use of your Fastex Account and/or the Nexora Services; b. your breach or alleged breach of these Terms or your contravention of any other clause or sub-clause of these Terms, including any Product Terms and any other terms and conditions incorporated by reference; c. your contravention of any Applicable Law; and d. your violation of the rights of any third party.
28.2. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you shall cooperate as fully required by us in asserting any available defenses. You will not settle any claims or Indemnified Losses without our prior written consent.
28.3. You hereby agree to release us from any and all claims and demands (and waive any rights you may have against us in relation to any Indemnified Losses you may suffer or incur), arising directly or indirectly out of or in connection with any dispute that you have with any other user or other third party in connection with the Nexora Services (including any Crypto Asset Transactions) or the subject matter of these Terms.
29. Liability
29.1. Our liability, and the liability of the Nexora Affiliates, to you or any third parties in any circumstance is limited to the actual amount of loss or damage which is caused directly and is reasonably foreseeable by our breach of these terms, and shall in no event exceed the amount of Fees paid by you to Nexora in the 12 months preceding the event giving rise to the Loss. Such sum shall be paid by us to you in full and final settlement and satisfaction of our entire liability and the Nexora Affiliates’ entire liability for any loss or damage which is caused directly and is reasonably foreseeable by our breach of these terms. You acknowledge and accept that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.
29.2. Notwithstanding any other clause or sub-clause of in these Terms, in no event will we or any Nexora Affiliate be responsible or liable to you or any other person or entity for: a. any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs arising out of or in connection with:
i. any risk identified in the Risk Disclosure, as updated from time to time;
ii. the operation of the protocols underlying any Crypto Asset, their functionality, security, or availability;
iii. whether Backed Crypto Assets hold their value as against any asset, or if the issuer of the Backed Crypto Asset holds sufficient reserves in relation to any Backed Crypto Asset;
iv. any action or inaction in accordance with these Terms;
v. any inaccuracy, defect or omission of Crypto Assets price data, any error or delay in the transmission of such data, and interruption in any such data; vi. regular or unscheduled maintenance we carry out including any service interruption and change resulting from such maintenance;
vii. the theft of a device enabled to access and use Nexora Services; viii. other users’ actions, omissions or breaches of these Terms, and any damage caused by actions of any other third parties;
ix. (1) for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack;
(2) in the event that your hardware fails, is damaged or destroyed or any records or data stored on your hardware are corrupted or lost for any reason; or
(3) for your use of the internet to connect to the Nexora Services or any technical problems, system failures, malfunctions, communication line failures, high internet traffic or demand, related issues, security breaches or any similar technical problems or defects experienced;
x. our decision to reject your application to open a Fastex Account(s), in accordance with sub-clause 7.1;
xi. any termination, suspension, hold or restriction of access to any Fastex Account or Nexora Services, including your inability to withdraw Crypto Assets, issue Instructions or enter into Transactions during the period of any suspension, hold or restriction, in accordance with these Terms or any Product Terms;
xii. any Transaction limits applied to your Fastex Account, in accordance with sub-clause 15.1;
xiii. any election by us to support or not support Crypto Assets, in accordance with sub-clause 29.1;
xiv. us being unable to contact you using the contact information you provided, in accordance with sub- clause 4.2;
xv. us closing a dormant account, in accordance with sub-clause 20.3;
xvi. the failure of a Transaction or the length of time needed to complete any Transaction;
xvii. the activities of liquidity providers; xviii. our reliance on any Instruction sent from your Fastex Account, or the Email Accounts;
xix. our refusal or delay in acting upon any Instruction; xx. any breach of security of your Email Account or a Security Breach;
xxi. the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Nexora Services or for delays or omissions of the Nexora Services, or for the failure of any connection or communication service to provide or maintain your access to the Nexora Services, or for any interruption in or disruption of your access or any erroneous communications between us, regardless of cause; and
xxii. any Transactions, Instructions, or operations effected by you or purported to be effected by you through your Email Account or Fastex Account; and/or b. any loss of business, profits, anticipated savings or opportunities, or any special, punitive, aggravated, incidental, indirect or consequential losses or damages, whether arising out of or in connection with our Sites, the Platform, your Fastex Account, the Nexora Services, these Terms, the Product Terms, the Privacy Policy and/or any agreement entered into pursuant to, or in connection with, these Terms or otherwise; and/or c. any Dispute that has not been commenced by way of formal legal action within one calendar year of the matters giving rise to the Dispute, in accordance with the time limit for making a claim prescribed in sub- clause 32.3 below.
29.3. We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. You and, where relevant, your Permitted Users are responsible for all login credentials, including usernames and passwords and must keep security details safe at all times.
RESOLVING COMPLAINTS AND DISPUTES
30. Complaints
30.1. If you have a complaint, please contact us to let us know and we will try to resolve it. You can make a complaint in writing using the following methods:
a. by email to [email protected] ; and/or
b. through our Website at https://www.fastex.com/contact-us
c. through the phone in urgent cases.
d. through the post if necessary.
30.2. We will aim to provide a final response within the shortest reasonable timeframe, depending on the complexity of the matter.
31. Notice of claim
31.1 In the event of a Dispute, a party shall first provide notice of that Dispute to the other party in writing to: a. the following email address in the case of notice to us: [email protected] ; and b. the Email Account, in the case of notice to you.
31.2. What happens when you raise a Dispute. The parties shall seek to resolve the Dispute amicably. The discussions must remain confidential and without prejudice, and any settlement discussions or offer may not be used as evidence in any legal proceeding.
32. Dispute Resolution
32.1. If you have a dispute with Fastex, then you should contact Fastex and a ticket number will be assigned. Fastex will attempt to resolve your dispute internally as soon as possible. The parties shall use their best efforts to resolve any Dispute arising under or in connection with Nexora Services through amicable negotiations. These negotiations shall take place over a period of ninety (90) calendar days, commencing from the date on which the written notification of the Dispute is received by the party.
32.2. In the event the dispute cannot be resolved satisfactorily, these Terms and any Dispute or claim arising from them shall be construed in accordance with the laws of the Dubai International Financial Centre ("DIFC"), without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Rules of the DIFC- LCIA Arbitration Centre ("DIFC-LCIA Rules") in force at the time of the commencement of the arbitration, which Rules are deemed to be incorporated by reference into this clause.
32.3. The seat of arbitration shall be the Dubai International Financial Centre ("DIFC"), United Arab Emirates.
32.4. The arbitration shall be conducted by a sole arbitrator, unless the parties agree otherwise in writing.
32.5. The language of the arbitration shall be English.
32.6. All proceedings, submissions, evidence, and awards made in the arbitration shall be treated as confidential and shall not be disclosed to any third party, except as required by law or for the purpose of enforcing or challenging the arbitration award.
32.7. The parties agree that any award rendered by the arbitral tribunal shall be final and binding upon the parties, and judgment upon the award may be entered in any court having jurisdiction thereof.
32.8. By agreeing to this clause, the parties hereby waive their right to litigate any disputes in court, except to the extent necessary for the enforcement of arbitration awards.
32.9. No modification or waiver of any provision of this clause shall be effective unless in writing and signed by both parties.
32.10. This clause constitutes the entire agreement between the parties regarding the governing law and dispute resolution mechanism applicable to this Agreement, superseding any prior agreements or understandings.
GENERAL INFORMATION
33. General terms
33.1. You and any Permitted User must comply with all Applicable Laws, licensing requirements and third party rights (including data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the Nexora Services, your Fastex Account and the Platform.
33.2. We may give notice by email to your Email Account. It is your responsibility to ensure that the Email Account is up to date and accurate. Notices may be given, and are deemed to be received, if sent to your Email Account, whether or not a notice of delivery failure is received. You may give us notices only as we direct, which may change from time to time. Any notices, consent or other communication given under these Terms must be in writing, in English, and signed or otherwise authorised by the party giving it.
33.3. All official announcements, news, promotions, competitions and airdrops will be listed on the Website. These announcements are important, and may relate to issues that may impact the value of your Crypto Assets, or their security. You are responsible for monitoring the Website and reading and considering these announcements.
33.4. The Terms, together with any Product Terms, constitute the whole agreement between you and us with respect to the Nexora Services. Each party acknowledges that it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Terms or any Product Terms.
33.5. You may not assign or transfer any of your rights or obligations under the Terms without our prior written consent. However, we may assign or transfer any of our rights or obligations under the Terms at any time to anyone else, including, without limitation, in connection with any merger, acquisition, or other corporate reorganisation involving Nexora.
33.6. If, at any time, any clause or sub-clause of the Terms is or becomes illegal, invalid, or unenforceable in any respect, neither the legality, validity or enforceability of the remaining clauses or sub-clauses will in any way be affected or impaired.
33.7. You agree that we may record any telephone, email and chat conversations with you, as well as any other forms of communications, including communication used to give Instructions or effect Transactions, between you and us, and that the recordings may be used as evidence in any proceedings relating to any agreement with you. These records will be our sole property.
33.8. These Terms may be translated into a language other than the English language. Any such translation is provided solely for your convenience. In the event of inconsistency or ambiguity, the English text will prevail.
33.9. Other than in relation to Nexora Affiliates, nothing expressed or referred to in these Terms will be construed to give any person other than the parties to these Terms any legal or equitable right, remedy, or claim under or with respect to these Terms or any clause or sub-clause these Terms. The Terms and all of its clauses and sub-clauses are for the sole and exclusive benefit of the parties to these Terms and their successors and permitted assignees.
33.10. All clauses and sub-clauses of these Terms, which by their nature extend beyond the expiration or termination of these Terms, will continue to be binding and operate after the termination or expiration of these Terms.
33.11. Nexora is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
33.12. We record in your Fastex Account the quantity and type of any Crypto Assets that are held to your credit. When you Instruct Nexora to transfer or otherwise deal with Crypto Assets, Nexora will not use any specific Crypto Assets, however identifiable, to act on your Instructions. Subject to these Terms, Nexora will use Crypto Assets in the same quantity and of the same type as those credited to your Fastex Account when acting on your Instructions.
33.13. We will not be liable for any delay or failure to perform as required by these Terms to the extent the delay or failure is caused by a Force Majeure Event.
33.14. No delay or omission by us in exercising any right or remedy under the Terms will operate as a waiver of the future exercise of that right or remedy or of any other rights or remedies under the Terms. The rights and remedies provided in the Terms are cumulative and not exclusive of any rights or remedies provided by Applicable Law.
33.15. In addition to any legal or other remedy available under the Terms or by law, we may set off any amounts you owe to us or any Nexora Affiliate under the Terms or otherwise against any amounts owed by us or any Nexora Affiliate to you. You must pay all sums that you owe to us free and clear without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by Applicable Law.
33.16. If you receive information about another user through the Platform or from utilising the Nexora Services, you must keep the information confidential and only use it in connection with the Nexora Services and always in accordance with Applicable Laws. You must not disclose or distribute any user information to a third party or use the information in any manner except as reasonably necessary to effect a Transaction.
33.17. In the event of your death or incapacity, the representative(s) of your estate or the survivor or survivors must give us written notice as soon as practicable. If we have reason to believe you have died, we may suspend your Fastex Account. Your Fastex Account will be suspended until:
a. a representative of your estate or authorised beneficiary either
(i) creates a Fastex Account in accordance with these Terms or
(ii) provides wire transfer instructions; and b. provides sufficient legal documentation that they are entitled to receive the assets in your Fastex Account; or
c. you provide satisfactory proof that you are not deceased. Beneficiaries receiving a wire transfer will receive the liquidated value of the assets in the Fastex Account, less any fees and costs associated with the transfer. Our ability to provide your representative(s) with the assets in your Fastex Account is subject to the restrictions imposed by Applicable Law and these Terms. We do not commit to any particular timeline for the transfer of assets held to the credit of your Fastex Account.
33.18. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether any taxes apply to your use of the Nexora Services, or for collecting, reporting or remitting any taxes arising from any Transaction or use of the Nexora Services. You acknowledge that we may make certain reports to tax authorities regarding Transactions made on the Platform and that we may, in our sole discretion or as required by Applicable Law, provide you with additional documentation or records needed by you to calculate any tax obligations. We may also withhold and deduct at source any taxes due under Applicable Law in our sole discretion.
33.19. We will comply with Client Agreements at all times.
33.20. We ensure that, in addition to all Applicable Laws, including but not limited to consumer protection laws, the Terms comply with the general requirement to act honestly, fairly, and in the best interests of You and the integrity of the market.
33.21. We maintain a record of all versions of Client Agreements and can identify all changes made between versions.