TERMS AND CONDITIONS
INTELLECTUAL PROPERTY RIGHTS
All contents of, and materials located on, this Site, including but not limited to the text, images and other information herein and their arrangement, are protected by copyright, trademark and other proprietary rights of Maxi Anchor Capital Limited. This means that you shall not without the express written consent of Maxi Anchor distribute the text or graphics to others; "mirror" or include this information on your own server or documents; or modify or re-use the text or graphics on this system. Maxi Anchor reserves all other rights. The "ACE eWallet " logos are trademarks of Maxi Anchor Capital Limited.
All trademarks, service marks, logos and any other marks whatsoever are used for the benefit of their respective owners and is not intended to infringe the trademark of any such person.
Nothing contained herein shall be construed as conferring by implication, estoppels, or otherwise any license or right under any patent, trademark, or proprietary rights of Maxi Anchor or of any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Maxi Anchor copyright.
The information, material or content published on this Site are strictly for informational purposes only and shall not be construed as an offer or solicitation to deal in the funds or products referred to or contained in this Site. While Maxi Anchor has tried to provide accurate and timely information, there may be inadvertent delays, omissions, technical or factual inaccuracies and typographical errors.
The information provided on this Site is provided "AS IS", "AS AVAILABLE" and is provided by way of a simple summary. Maxi Anchor does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained in this Site, and MAXI ANCHOR expressly disclaims liability for errors or omissions in these materials. MAXI ANCHOR makes no commitment to update the information contained in this Site. Accordingly, you are advised to read and understand the contents of the prospectus, product highlight sheet (PHS) and relevant disclosure documents before investing. The prospectuses, PHS and relevant disclosure documents can be obtained from Ace eWallet Official website.
Any forecasts or projections or forward looking statements made whether by MAXI ANCHOR or any other party in this Site are not necessarily indicative of future or likely performance, future events or future financial performance of products, countries, markets or companies. These statements are only predictions and actual events or results may differ. While certain tools available on the Site may provide general investment or financial analysis based upon your personalized input, such results are not to be construed as our providing investment recommendations or advices. Please make your own assessment of the relevance, accuracy and adequacy of the information contained in this Site. You are advised to understand the risks involved in relation to the products or services and further conduct your own risk assessment and seek professional advice, where necessary. You should also compare and consider the fees, charges and costs involved before investing. Any opinion or estimate contained in this Site is made on a general basis and neither MAXI ANCHOR nor any of its servants or agents have given any consideration to nor have they or any of them made any investigation of the investment objective, financial situation or particular need of any user or reader, any specific person or group of persons. Accordingly, MAXI ANCHOR expressly disclaims all liability for the use or interpretation by others of information contained in this Site or for any loss arising whether directly or indirectly as a result of the visitor, user, any person or group of persons acting on any information, opinion or estimate contained in this Site. Decisions based on information contained in this Site is your sole responsibility, and in exchange for using this Site, you agree to hold MAXI ANCHOR, its subsidiaries and affiliates harmless against all and any claims for damages arising from any decisions that you make based on such information.
Funds or products found in this Site are only suitable for investors who have met the fund house's or fund manager's minimum qualifying criteria.
Investments in the mutual funds are not deposits or other obligations of, or guaranteed or insured by MAXI ANCHOR or any other fund house or fund manager referred to in this Sites or their affiliates and are subject to investment risks, including the possible loss of the principal amount invested. Past performance is not indicative of future performance. The value of the unit trusts and the income from them may fall as well as rise. Where a unit split/distribution is declared, investors are advised that following the issue of additional units/distribution, the NAV per unit will be reduced from pre-unit split NAV/cum-distribution NAV to post-unit split NAV/ex-distribution NAV. Where a unit split is declared, investors should be highlighted of the fact that the value of their investment will remain unchanged after the distribution of the additional units. All applications for unit trusts must be made on the application form accompanying the prospectus.
If you are accessing this Site from a jurisdiction outside of Malaysia, you are responsible for compliance with the applicable laws and regulations of your jurisdiction. Please do not access this Site if the publication or availability of this Site is prohibited in your jurisdiction in any way.
EXCLUSION OF LIABILITY
Visitors to this site assume all responsibility and risk for the use of this site. MAXI ANCHOR, its subsidiaries and affiliates disclaim all warranties, representations and endorsements, express or implied, with regard to information accessed from or via this site, including but not limited to all express and implied warranties, including warranties of title, merchantability, fitness for a particular purpose, non-infringement, and freedom from computer virus. MAXI ANCHOR does not assume any liability or responsibility for the accuracy, completeness, or usefulness of the information disclosed at or accessed through this site. In no event shall MAXI ANCHOR be liable for any direct, special, indirect, punitive, incidental, or consequential damages, or any other damages of whatsoever kind resulting from whatever cause, including but not limited to loss of use, loss of profits, or loss of data, whether in an action under contract, tort, negligence, or strict liability, or otherwise, arising out of or in any way in connection with the use or performance of the information on, or accessed through, this site.
Any advice or recommendation in the Site has been made on a general basis without taking into account or considering the investment objective, financial situation or particular need of any user or reader, any specific person or group of persons. Any reliance on such advice or recommendation is entirely at your own risk in all cases, you should always seek the advice of professional advisers regarding the evaluation of any product, unit trust or other financial instrument, report, index, advice, opinion or any other content.
Any hyperlinks to any other websites are not an endorsement or verification of such websites and such websites should only be accessed at the user's own risks.
This exclusion clause shall take effect to the fullest extent permitted by law.
LINKS TO THIRD PARTY WEBSITES
MAXI ANCHOR makes no representations whatsoever about any other web site which you may access through this Site. When you access a non-MAXI ANCHOR web site, please understand that it is independent from MAXI ANCHOR, and that MAXI ANCHOR has no control over the content on that web site. In addition, a link to a non-MAXI ANCHOR web site does not mean that MAXI ANCHOR endorses or accepts any responsibility for the content, or the use, of such web site and MAXI ANCHOR shall not be liable for any accuracy or quality of any such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. MAXI ANCHOR makes no representation or warranty as to any third party products.
LINKING TO THIS SITE
No hyperlinks to the Site or any of the internal or subsidiary pages within the Site, or framing of any content in the Site, shall be made by anyone unless with the prior consent of MAXI ANCHOR. Without prejudice to any of its other rights, MAXI ANCHOR may upon discovering such unauthorized linking or framing disable such links or frames.
SUBMISSION OF INFORMATION
By providing information (such as feedback, data, answers, questions, comments, suggestions, plans or ideas) to MAXI ANCHOR, you agree that such information shall be non-confidential and that MAXI ANCHOR shall have unlimited rights to use, distribute, reproduce, and disclose such information worldwide as MAXI ANCHOR deems appropriate, without compensation or acknowledgement of its source. MAXI ANCHOR shall be free to use any ideas, concepts, know-how or techniques contained in information which you provide to MAXI ANCHOR through this Site, including but not limited to developing, manufacturing, and marketing products or services incorporating or otherwise based on such information.
USE OF THE FORUM
You agree to use the Forum only to post, send and receive messages and materials that are proper and legal and shall not engage in any activities that violate any applicable laws or regulations, or activities deemed by MAXI ANCHOR in its sole discretion to be unsuitable. You shall be responsible for any claims or actions made against you in respect of messages and materials posted or sent by you to the Forum.
MAXI ANCHOR is not obliged to monitor the Forum but reserves all rights to review comments, information and materials posted to the Forum and delete such comments, information or materials in its sole discretion and to terminate your access to the Forum without notice and for any reason whatsoever.
All users of the Forum are not authorized spokespersons of MAXI ANCHOR, and their views and comments are their own and do not reflect those of MAXI ANCHOR.
REGISTRATION AND USE
This section is applicable to registered users only.
You have been registered with an account ("Account"), a Login Name ("Login Name") and password ("Password") specific to your Account which you may use to navigate and carry out transactions on this Site.
MAXI ANCHOR shall be entitled to disclose the Login Name, Password or Account contents to any third party if required to do so by any law, regulation or court order.
You shall :-
- be responsible for ensuring the confidentiality of your Account, Login Name and Password;
- immediately notify MAXI ANCHOR of any theft or unauthorized use of your Account, Login Name and Password or any other breach of security;
- log out of your browser at the end of each of your sessions on the Site;
- not disclose your Login Name or Password to any third party;
- be solely responsible for any activities that take place through your Account, Login Name or Password and for the contents of your Account.
In no circumstances shall MAXI ANCHOR be liable to you in any way whatsoever for any loss, damage, costs, expense incurred by you as a result of, arising out of or in connection with, whether directly or indirectly, the wrongful or fraudulent use of your Account, Login Name or Password.
You shall have no rights, title, interests over your Account, Login Name or Password. MAXI ANCHOR shall be entitled in its sole discretion and without assigning any reason to terminate the use of the same at any time whatsoever. Upon such termination, you shall no longer be entitled to use or access your Account, Login Name or Password. MAXI ANCHOR shall not be liable to you or any third party for any termination, deactivation or deletion of your Account, Login Name or Password or the contents of the Account.
INTERNET TRADING DISCLAIMER
The Internet is, due to unpredictable traffic congestion and other reasons, an inherently unreliable medium of communication and that such unreliability is beyond the control of Maxi Anchor. You acknowledge that, as a result of such unreliability, there may be delays in the transmission and receipt of Instructions and other information which may result in delays in the execution of Instructions and/or the execution of Instructions at prices different from those prevailing at the time the Instructions were given. You further acknowledge and agree that there are risks of misunderstanding or errors in any communication and that such risks shall be absolutely borne by you. You acknowledge and agree that it will not usually be possible to cancel an Instruction after it has been given.
GOVERNING LAW & JURISDICTION
By using and accessing this Site, you agree that Labuan Financial Service Act shall govern such use and access and you agree to submit to the exclusive jurisdiction of the Malaysian courts.
These ACE Wallet Services General Terms and Conditions (“General Terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the ACE group of companies (“ACE” or “we”), while you and ACE are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of the services provided by ACE, and constitute a legally binding agreement (“Agreement”) between the Parties.
You shall take your time and carefully read these General Terms before using the services provided by ACE, so you are fully aware of your rights and obligations. Keep in mind that by using these services (even only by completing the sign-up process), you both actively agree with these General Terms and enter into contractual relations with ACE.
- Applicable Law means any law, statute, regulation, ordinance, treaty, guideline, policy and act issued by any governmental or regulatory authority, including but not limited to the governing law under Section XVIII of these General Terms and/or any provision of the general terms and conditions of the relevant ACE Wallet Service.
- Business Day(s) means any day(s) when banking institutions in the relevant jurisdiction are open for normal business activities (which usually means any day(s) except Saturday, Sunday or a public holiday).
- Credit Wallet means a digital wallet in the Client’s ACE Account comprising all the Digital Assets of this Client used or intended to be used as collateral of ACE Crypto Credits.
- Digital Assets means any digital assets (such as cryptocurrencies, stablecoins and tokenized assets), accepted by ACE.
- Fork means a software change to the underlying protocols of the Digital Assets’ networks.
- Intellectual Property means any intellectual and industrial property rights, belonging to ACE, for example, trademarks, service marks, logos, copyright and related rights, know-how, research, publications, agreements, trade and company names, etc.
- Interest means the indicated interest rate accrued in accordance with the general terms and conditions of the relevant ACE Wallet Service and subject to revision at any time, as well as the amount of the interest resulting from the accrual at any time.
- ACE Account means a personal or business account, opened with ACE, through which you can use the ACE Wallet Services.
- ACE Card means a virtual or physical card issued under the brand name of ACE, which can be used in certain jurisdictions, as the case may be, in relation to ACE Wallet Services.
- ACE Crypto Loan means any Digital Assets credit facility granted by ACE and the total amount of the credit due by the Client to ACE, at any time until its full repayment, including the principal, the Interest and any fees due to ACE in accordance with the relevant general terms and conditions.
- ACE Savings Product means a product offered by ACE, allowing you to earn Interest on your Digital Assets in accordance with the relevant general terms and conditions.
- ACE Exchange Service means the execution by ACE of exchange transactions and the topping up of the proceeds thereof, respectively the Digital Assets, into the Saving Wallets of the Clients, in accordance with the relevant general terms and conditions, as well as the related ACE Wallet Services offered by ACE through the ACE Platform.
- ACE Loyalty Program means a program offered by ACE, providing the Clients with preferential terms depending on the ratio of ACE Tokens in their ACE Accounts to the Portfolio Balance, as indicated on the ACE Platform.
- ACE Platform means any ACE website, mobile application and any other official ACE communication channel, including the content and services made available on or through the same, and any updates, upgrades, and versions thereof.
- ACE Wallet Services means all services provided by ACE through the ACE Platform.
- Personal Data means any information about you that is necessary, among other things, for verification of your identity, use of the ACE Wallet Services, and compliance with regulatory requirements.
- Portfolio Balance means the total amount of all the Digital Assets in the Client’s ACE Account, excluding the ACE Tokens.
- Savings Wallet means a digital wallet in the Client’s ACE Account comprising all the Digital Assets of the Client, excluding the ones moved to the Credit Wallet for the purpose of ACE Crypto Credits collateralisation.
- Transaction History means the history of your transactions and all the details about the Digital Assets in your ACE Account.
- The ACE Wallet Services comprise of:
- Digital Asset wallet wherein all the Digital Assets approved by ACE can be stored by you (“Digital Asset Wallet”);
- Transfer of Digital Assets from one ACE Account to another, or to an external recipient (“ACE Transfer Service”);
- Any incentive program offered by ACE that may be launched via the ACE Platform or accessed through your ACE Account, such as the ACE Loyalty Program;
- Any other product or service that may be launched via the ACE Platform or accessed through your ACE Account.
- The access to your ACE Account will allow you to: (i) request a ACE Wallet Service; (ii) view your balance and Transaction History; (iii) top up and withdraw Digital Assets; (iv) perform other actions in relation to the above.
- By opening your ACE Account and/or using the ACE Wallet Services, unless stipulated otherwise in the relevant general terms and conditions of the latter, you acknowledge and confirm that:
- You are not a citizen or resident of a sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union, and any EU Member State, the UK Treasury, etc.;
- You are not identified as a “Specially Designated National” and are not placed in the Commerce Department’s Denied Persons List;
- You are not a citizen or resident of Bulgaria and Estonia and do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the ACE Wallet Services;
- You are at least 18 years old or of legal age to enter into contractual relations with ACE (whichever is later);
- You are the exclusive beneficial and/or legal owner of any Digital Assets topped up or to be topped up into your ACE Account, or the fiat currency used or to be used for the purchase of such Digital Assets, as the case may be, to which these General Terms apply;
- You are the beneficial owner of your ACE Account and do not act on behalf of or represent any other natural person or legal entity;
- You comply with all Applicable Law requirements, relevant to you and to your use of the ACE Wallet Services, such as tax, exchange control and registration ones;
- You are not entitled to: (i) open more than one ACE Account; (ii) open a new ACE Account if we have previously suspended, limited or terminated your ACE Account.
- When you ask ACE to open your ACE Account, you shall provide ACE with all the information and/or documents, as may be requested by ACE or any third party acting on its behalf, so ACE can verify your identity and validate your funding sources and transactions. ACE or any third party acting on its behalf may additionally verify the information and/or documents provided by you from secure databases, to which you grant your explicit consent by entering into this Agreement. You hereby authorize ACE to undertake any electronic identity verification checks on you directly or through third parties, either at the time of entering into this Agreement or at any time thereafter.
- We can refuse to open your ACE Account and grant you access to the ACE Wallet Services or any of them.
- You hereby represent and warrant that all the information you provide ACE with is complete, accurate and up-to-date at all times. If there are any changes in this information, you shall notify ACE and send ACE accurate information without any delay.
- If at any point ACE needs to verify that the information it has about you is complete, accurate and up-to-date, ACE will contact you and request that you either provide more information or that you go through the verification process all over again. If you do not complete all the necessary steps, or if you fail to provide ACE with up-to-date information, ACE will not be able to provide you with the ACE Wallet Services and will not be responsible for any losses you incur as a result thereof.
- You hereby undertake to obtain all necessary hardware, as well as to install all necessary software, including security and antivirus, for your use of the ACE Wallet Services in accordance with these General Terms. You are solely responsible for keeping your device safe and maintaining adequate security and control of your username, password and shall be solely responsible for any access to and use of the ACE Wallet Services through your device, regardless of whether such access may have been made without your knowledge, authority or consent. We will not be liable to you for any loss or damage resulting from such use. In case your device has been lost or stolen or has been accessed or used in an unauthorized manner, you shall notify ACE of this and if the device has been accessed or used in an unauthorized manner, you shall, as soon as possible, reset the password.
- TOPPING-UP OF DIGITAL ASSETS
- You can top up Digital Assets into your ACE Account at any time by effecting a Digital Assets transfer from your personal wallet to your Digital Asset Wallet, while specific requirements for a minimum amount of each Digital Asset may apply from time to time, as indicated in the ACE Platform. You can subsequently use the Digital Assets in your ACE Account for earning Interest thereon in accordance with the ACE Earn Interest Product or for securing your ACE Crypto Credit, as well as for any other ACE Wallet Service in accordance with these General Terms and the specific terms and conditions of the relevant ACE Wallet Service, if any.
- You are responsible for making sure that: (i) you have the correct address for your Digital Asset Wallet when you transfer Digital Assets from your personal wallet; (ii) the Digital Assets you top up into your Digital Asset Wallet are currently approved by ACE, as indicated on the ACE Platform. If you transfer Digital Assets to an incorrect address or if the Digital Assets transferred are not approved by ACE, as indicated on the ACE Platform, your Digital Assets will be irreversibly lost. We will not be liable to you for any such loss.
- A transfer to your Digital Asset Wallet is confirmed once the balance of your Digital Asset Wallet has been updated with the corresponding amount.
- We reserve the right to reject any transfer to your Digital Asset Wallet, in which case we will transfer back the same amount of the relevant Digital Asset to the wallet from which it has been sent.
- If you do not have the Digital Assets needed for your purpose, you can initiate the purchase of Digital Assets by transferring their price to a designated ACE bank account and instruct ACE to proceed with the relevant purchase transaction. All fees and charges for the bank transfer under the preceding sentence, if any, shall be at your expense. Once purchased, the relevant Digital Assets are topped up into the Digital Asset Wallet in your ACE Account and can be used for the purposes under Art. V.1. The purchase transactions are irreversible and final once you have provided the relevant instructions and/or payments to ACE, and you may not change, withdraw or cancel the authorization to ACE to complete any pending or partially completed transactions. ACE shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate. However, ACE always devotes significant efforts to find and use the best exchange rate for the purpose of the above so that your interests can be fully protected.
- You may, at any time, request for: (i) withdrawal of all or part of the Digital Assets other than those used as collateral of a ACE Crypto Loan to your personal wallet, together with the Interest accrued thereon, the latter as applicable to the ACE Savings Product only; (ii) withdrawal of the fiat equivalence of the Digital Assets together with the Interest accrued thereon, as applicable to the ACE Savings Product, or the fiat equivalence of the Digital Assets, as applicable to the ACE Crypto Loan, by instructing ACE to sell the relevant Digital Assets and Interest, as the case may be and if applicable, and transfer the fiat proceeds of the sale transaction to a bank account designated by you.
- All fees and charges for the bank transfer under Art. VI.1., if any, shall be at your expense. The sale transactions are irreversible and final once you have provided the relevant instructions to ACE, and you cannot change, withdraw or cancel the authorization to ACE to complete any pending or partially completed transactions. ACE shall not be liable for any partially completed transactions or delays in the processing of your instructions. We do not guarantee the availability of any exchange rate. However, ACE always devotes significant efforts to find and use the best exchange rate for the purpose of the above so that your interests can be fully protected.
- The withdrawals within the limits specified on the ACE Platform, which are subject to revision from time to time at our sole and absolute discretion, shall be processed by ACE no later than 24 (twenty-four) hours as of receipt of your request. In case of withdrawals exceeding the above limits, in order to guarantee the safety of the Digital Assets and Interest, if applicable, in your ACE Account, as well as of delays due to technical reasons, the processing may take a longer period of time. However, ACE devotes significant efforts to ensure that any withdrawal falling within the hypotheses under the preceding sentence will be processed no later than 72 (seventy-two) hours as of your request.
- You may transfer any Digital Asset other rather than the one used as collateral of a ACE Crypto Loan from your Digital Asset Wallet to a specified wallet of a third party.
- We will process all Digital Asset Transfers according to your instructions and do not guarantee the identity of any recipient. You shall verify all transaction information prior to submitting instructions for a Digital Asset Transfer to ACE. The Digital Asset Transfer cannot be cancelled or reversed once processed by ACE. You acknowledge that you are responsible for ensuring the accuracy of any instructions submitted to ACE and that any errors may result in the irreversible loss of your Digital Asset.
- You shall have sufficient Digital Assets in your Digital Asset Wallet prior to instructing ACE to effect any Digital Asset Transfer. In case of insufficiency of the relevant Digital Assets in your Digital Asset Wallet, the Digital Asset Transfer will be rejected by ACE. By instructing ACE to effect the Digital Asset Transfer, you authorize ACE to debit your Digital Asset Wallet for the full amount of the Digital Assets needed to complete the Digital Asset Transfer.
- We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party. We are not responsible for ensuring that a third-party buyer or a seller you transact with will complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from or sold to a third party, using Digital Assets transferred from your Digital Asset Wallet, or if you have a dispute with such a third party, you shall resolve the dispute directly with that third party.
- Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by ACE. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition.
- Digital Assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.
- The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the ACE Wallet Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.
- Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.
- The nature of the Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.
- Keep in mind that we do not provide investment advice and the information coming from ACE shall not be used as a basis for making decisions about investing in a particular Digital Asset.
- YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF ANY OF THE ACE WALLET SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE THESE ACE WALLET SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.
- You understand and agree that you use the ACE Account and the ACE Wallet Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the ACE Wallet Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
- It is important that you understand that the underlying protocols of the Digital Assets’ networks are subject to sudden changes in operating rules, and third parties may, from time to time, create a copy of a Digital Asset's network and implement changes in the operating rules or other features that might result in multiple versions of the network and more than one version of the Digital Asset. This may affect the value and the function of the initial Digital Asset and we can temporarily suspend our services while we determine, at our sole and absolute discretion, which network to support.
- Such networks and Digital Assets are outside of our control and we can decide, at our sole and absolute discretion, to abandon or otherwise not support the initial or the copy of the Digital Asset. We may, at our sole and absolute discretion, obtain and retain the unsupported Digital Assets.
- OBLIGATIONS AND WARRANTIES
- You hereby declare, warrant and confirm that:
- You meet the conditions under Section IV;
- You validly undertake any action or enter into any transaction with regard to the Agreement;
- The Digital Assets, which you have topped up or will top up in your ACE Account, or the funds, which you have used or will use for purchase of the Digital Assets to be topped up into your ACE Account, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction;
- You have submitted to ACE only complete, correct and up-to-date information and documents;
- You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. ACE shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the ACE Wallet Services, for which ACE shall not be held liable. You shall hold ACE harmless from any expenses and losses, resulting from the above uncertainty;
- You are aware that you use the ACE Account, the ACE Platform and the ACE Wallet Services fully at your own risk.
- You hereby undertake to:
- Use the ACE Account, the ACE Platform and the ACE Wallet Services in good faith;
- Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;
- Not use the ACE Account, the ACE Platform and the ACE Wallet Services to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing materials, junk mail or chain letters;
- Not provide false, inaccurate, incomplete, out-of-date or misleading information;
- Not interfere, intercept, or expropriate our network, system, data, or information;
- Not transmit or upload any virus or other malicious software or program or try to gain unauthorized access to other users’ accounts, website, network or systems relating to the ACE Wallet Services;
- Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners;
- Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the ACE Wallet Services;
- Not use the ACE Platform in a way that could damage, disable, impair or compromise the ACE Platform or the provision of the ACE Wallet Services, or interfere with other users, or affect the reputation of ACE. You undertake not to gain or attempt to gain unauthorized access to the ACE Account or the Digital Asset Wallets of other users;
- Not take any action that imposes an unreasonable or disproportionately large burden or load on the ACE infrastructure (including our servers, networks, data centers, and related equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the ACE Wallet Services;
- Keep the data required for using the ACE Account unavailable for third parties;
- Inform ACE about any change in the information and documents submitted to ACE, in particular in your contact details, within 1 (one) day as of the change.
- ACE LOYALTY PROGRAM
- The ACE Loyalty Program is applicable to all ACE Wallet Services or part of them, as indicated on the ACE Platform.
- The loyalty levels and the Interest applicable thereto, as indicated on the ACE Platform, depend on the ratio of ACE Tokens in the relevant ACE Account to the Portfolio Balance, and the type of ACE Wallet Service used by the Client, respectively Digital Asset.
- The loyalty level of the relevant Client, respectively the applicable Interest, are dynamically determined throughout each calendar day, while their final determination occurs up to the time of accrual of the Interest for each ACE Wallet Service, as specified in the general terms and conditions of the latter.
- ACE reserves its right to grant preferential Interest or other terms, apart from the ACE Loyalty Program, at any time, at its sole and absolute discretion. Such can be applicable together with the ACE Loyalty Program or on a separate basis.
- The participation in the ACE Loyalty Program is non-transferable and cannot be sold, gifted or awarded to any person other than you.
- REFUSAL TO PROVIDE ACE WALLET SERVICES. LIMITATION, SUSPENSION OR TERMINATION OF THE ACE WALLET SERVICES. CLOSURE OF ACCOUNTS.
- ACE reserves the right to, at its sole and absolute discretion, refuse to process or to cancel any request from you in regard to the ACE Wallet Services, including for purposes of compliance with any Applicable Law.
- The topping-up of Digital Assets into your Digital Asset Wallet may be subject to certain limits imposed by ACE (as may be amended from time to time at ACE sole and absolute discretion).
- ACE may, at any time and without liability, terminate, suspend, limit or reverse your use, or the functionality, of the ACE Wallet Services, or your access to your ACE Account (including freezing or closing your ACE Account, refusing to process any instruction of yours, or reversing a performed action), including but not limited to: (a) in the event of any breach by you of these General Terms and any other applicable terms, or any Applicable Law; (b) for the purposes of complying with a regulator’s demand, a court order, an act of any governmental authority, or any Applicable Law; (c) upon ACE’s suspicion that a transaction or your use of the ACE Wallet Services may be erroneous or connected with any unlawful activities (such as money laundering, terrorist financing, as well as fraudulent activities), or that your ACE Account has been compromised; (d) your ACE Account is subject to any legal proceedings; (e) to remedy the effects of any defect in or compromise to any information system related to the provision of the ACE Wallet Services; (f) for compliance and monitoring reasons, including in case of a discrepancy between your spending profile and the type of consumer group you belong to; (g) for maintenance of the system; or (h) if there is a change in the eligibility criteria for opening of a ACE Account or use of the ACE Wallet Services. In the above cases the Digital Assets in your ACE Account may be frozen for an indefinite period of time until the matter is resolved.
- ACE may, at any time and without liability: (a) update or change any features, components or content of the ACE Wallet Services. We do not guarantee that any such specific content, component or feature will always be available to you; or (b) cancel or change any pay-out for any incentive programs.
- If we decide to undertake any of the actions under Art. XII.3 and XII.4, we will provide you with adequate notice of this unless it is impractical, impossible or illegal to do so. Reversals are possible once the reasons for the relevant suspension or limitation no longer exist. In this case, we will not be under any obligation to execute any suspended, reversed or terminated transactions at a specific price or under specific terms.
- Your obligations under these General Terms will continue in the event of any limitation, suspension, reversal or termination under Art. XII.3 and XII.4 and you will not be released from any liability having arisen prior to such.
- ACE shall not owe you any payment, compensation or damages in relation to any suspension, limitation, reversal or termination of your use of the ACE Wallet Services, regardless of the reason therefor.
- Our rights for suspension, limitation, reversal and termination under this Section XII shall be without prejudice to any other rights or remedies that we may have (whether under these General Terms, Applicable Law or otherwise).
- You may suspend or terminate your access to and use of any of the ACE Wallet Services or close your ACE Account. In order to do so, you shall submit a request to ACE in a form and together with the relevant supporting documents and information, as may be required by ACE. You hereby acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension, termination or closure, in particular all your debts to ACE shall have been settled prior thereto.
- If you have a remaining balance in your ACE Account, which has been suspended or closed, you are entitled to recover such Digital Assets unless we are prohibited by any Applicable Law or a court order to release them, or where we have reasonable grounds to suspect that such Digital Assets have been obtained through any unlawful means.
- PERSONAL DATA
- We can only provide the ACE Wallet Services once we have collected your Personal Data.
- We reserve the right, at any time, to verify your Personal Data for anti-money laundering and counter-terrorist financing purposes.
- You can withdraw your consent by closing your ACE Account. If you do this, we will stop using your Personal Data for the purposes under Art. XIII.2, but we may need to keep your Personal Data when required by any Applicable Law.
- АLL THE ACE WALLET SERVICES ARE PROVIDED ‘AS IS’ AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, EXCEPT AS EXPRESSLY PROVIDED IN THESE GENERAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. ACE DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE ACE WALLET SERVICES UNDER THESE GENERAL TERMS.
ACE’S LIABILITY IN RESPECT OF THE REPRESENTATIONS AND WARRANTIES, WHICH CANNOT BE EXCLUDED, IS LIMITED TO ANY OF THE FOLLOWING OPTIONS CHOSEN BY ACE, AT OUR SOLE AND ABSOLUTE DISCRETION:
- RE-SUPPLYING, REPLACING OR REPAIRING THE ACE WALLET SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED; OR
- PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE ACE WALLET SERVICES IN RESPECT TO WHICH THE BREACH OCCURRED.
- NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES OR PARTNERS BE LIABLE TO YOU FOR ANY LOSSES, DAMAGES OR CLAIMS:
- DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT OUTSIDE OUR REASONABLE CONTROL, THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (E.G. FORCE MAJEURE, INCLUDING ACTS OF GOD, WAR OR CIVIL UNREST, DISASTERS, ACTS OF DOMESTIC OR FOREIGN COURTS AND GOVERNMENTAL AUTHORITIES, STRIKES, LOCKOUTS, LABOUR DISPUTES, TERRORIST ACTS, RIOTS);
- ARISING FROM OR IN CONNECTION WITH:
- ANY DELAY, SUSPENSION, DISCONTINUATION, INTERRUPTION OF THE ACE PLATFORM OR THE ACE WALLET SERVICES;
- FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS;
- ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM WE ARE NOT RESPONSIBLE;
- DELAY, FAILURE OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD-PARTY SERVICES;
- ANY REFUSAL TO PROCESS OR AUTHORIZE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;
- YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE, BREAKDOWN OR NON-AVAILABILITY OF THE ACE PLATFORM OR THE ACE WALLET SERVICES;
- ANY UNAUTHORIZED OR INELIGIBLE USE OF THE ACE WALLET SERVICES CONTRARY TO THESE GENERAL TERMS;
- DUE TO COMPLIANCE WITH ANY APPLICABLE LAW, COURT ORDERS OR ACTS OF ANY GOVERNMENTAL AUTHORITY;
- RESULTING FROM HACKING, TAMPERING, COMPUTER VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE RELEVANT ACE WALLET SERVICE, YOUR ACE ACCOUNT OR ANY INFORMATION CONTAINED THEREIN.
- NOTWITHSTANDING ANY PROVISIONS IN THESE GENERAL TERMS, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, REGARDLESS OF WHETHER SUCH DAMAGES BEING DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
- IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE ACE WALLET SERVICES AND THESE GENERAL TERMS EXCEED THE FEES YOU PAID TO ACE FOR YOUR USE OF THE RELEVANT ACE WALLET SERVICE DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY, IF ANY. THE ABOVE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE RELEVANT APPLICABLE LAW.
- WE SHALL NOT BE LIABLE FOR ANY FAULT ON THE PART OF ANY THIRD-PARTY SERVICE PROVIDER INSTRUCTED BY US. IN ANY SUCH CASES OUR LIABILITY WILL BE LIMITED TO USING REASONABLE CARE IN THE SELECTION, APPOINTMENT AND INSTRUCTION OF SUCH THIRD-PARTY SERVICE PROVIDERS (BUT NOT OF ANY SUB-CONTRACTOR OR OTHER THIRD PARTY SUCH A THIRD-PARTY SERVICE PROVIDER MAY USE).
- NOTHING IN THESE GENERAL TERMS SHALL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD OR GROSS NEGLIGENCE.
- DEFAULT. INDEMNIFICATION
- The occurrence of one of the following events constitutes an Event of Default:
- The Client breaches any of the Client’s obligations or warranties under these General Terms;
- It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement;
- ACE is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.
- In case of an Event of Default, ACE is entitled:
- To terminate this Agreement with immediate effect;
- To take any action it deems necessary to protect its interests.
- You shall defend, indemnify, and hold harmless ACE, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the ACE Wallet Services in violation to these General Terms or any Applicable Law.
- Тhis Agreement shall be terminated immediately by closing your ACE Account, on the grounds of Art. XV.2, Letter a) or otherwise, and discontinuing use of the ACE Wallet Services. The Agreement can be terminated upon written notice by ACE if ACE discontinues the offering of the ACE Wallet Services, regardless of the reasons.
- In the event that your suspended or closed ACE Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, if applicable, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release such Digital Assets and Interest, if applicable, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.
- The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this Agreement occurring prior to such termination.
- ELECTRONIC COMMUNICATIONS
- Any notice required or made under these General Terms from ACE to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the ACE Platform.
- Any notice required or made under these General Terms by the Client to ACE shall only be made via e-mail in English to [email protected] .
- Your feedback, questions or complaints may be referred to ACE via e-mail in English to [email protected] , or through other communication channels indicated by ACE from time to time on the ACE Platform. We will do our best to respond as soon as possible. However, for more complicated issues, it may take ACE up to 20 (twenty) days to get back to you. We will not be responsible for any loss or damage sustained during this period.
- You shall be fully responsible for the security and authenticity of all instructions sent through the ACE Platform and you shall be bound by all such instructions. We will assume that all the instructions received from your ACE Account are coming from you and we shall not be obliged to verify this.
- You accept the risk that your instructions and information may not be protected against unauthorized access when given through the ACE Platform, as being transmitted via the Internet.
- Any instructions sent to ACE shall only be deemed received by ACE when we have successfully retrieved them from the relevant system and duly informed you of the receipt. Any instructions sent by you to any third parties will only be deemed received by them in accordance with their terms and conditions.
- You agree that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communications, such terms will not apply to your use of the ACE Platform and the ACE Wallet Services (subject to the maximum extent permitted under Applicable Law), and you will be liable for any damages caused through the use of connectivity means.
- You acknowledge and agree that in the event of any dispute arising in connection with your use of the ACE Platform and the ACE Wallet Services, our records of all matters related to your use of the ACE Platform and the ACE Wallet Services on any specific date will be binding on you for all claims and purposes whatsoever. Additionally, you agree to the admissibility of all such records and documents without further requirement of proof of authenticity or accuracy in a court of law or similar institution under any Applicable Law.
- GOVERNING LAW AND JURISDICTION
- The Agreement shall be governed exclusively by the substantive law of Malta.
- Any dispute arising out of or in connection with the Agreement (the General Terms), unless amicably settled between the Parties, shall be referred to the competent court in Malta, determined as per the procedural law of Malta. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of ACE.
- Your use of the ACE Wallet Services may be subject to certain fees, as indicated on the ACE Platform, which are always exclusive of any taxes and may be debited from your ACE Account, if applicable. Such fees may be changed at any time, at ACE sole and absolute discretion.
- The Intellectual Property remains an exclusive property of ACE and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.
- ACE shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the ACE Platform unless otherwise indicated. You shall regularly check the ACE Platform to inform yourself about any such amendments or supplements. We may also, at any time, change, add or remove any feature or functionality of the ACE Platform without prior notice. By continuing to use the ACE Platform and/or the ACE Wallet Services, after any such changes have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms and the changed ACE Platform. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the ACE Platform and/or the ACE Wallet Services immediately.
- The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.
- The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.
- The failure by ACE to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.
- Providing you with the ACE Wallet Services does not make ACE your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your ACE Account other than those expressly specified hereunder.
- None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of ACE. ACE shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.
- Except for the legal entities belonging to the ACE group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.
- This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.
With the account that caters to your profit and prosperity through our leading credit line service for digital assets and high-yield interest on your idle savings.
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