Terms and Conditions
Welcome to Foris DAX Global Limited!
APP AND WEB T&Cs
Last Update: 23 April 2025
1. INTRODUCTION
1.1. The App Services and Web Services (described below) are provided to you by Foris DAX Global Limited (together with its affiliates, "Foris DAX Global"). Foris DAX Global Limited (the “Company”) is a private exempt limited liability company, registered with the Malta Business Registry on 19 September 2018, with company registration number C88392 and registered address situated at Level 7, Spinola Park, Triq Mikiel Ang Borg, St Julian’s, SPK1000, Malta.
The Company provides the following Digital Asset services:
Reception and transmission of orders for Digital Assets on behalf of clients;
Execution of orders on behalf of clients;
Custody and administration of Digital Assets on behalf of clients;
Exchange of Digital Assets for funds;
Exchange of Digital Assets for other crypto assets;
Transfer services for Digital Assets on behalf of clients.
In relation to the following types of Digital Assets:
Digital Assets other than asset-referenced tokens and electronic money tokens;
Asset-referenced tokens (“ARTs”);
Electronic money tokens (“EMTs”)
ARTs and EMTs are jointly referred to as “Stablecoins” as defined further below.
1.2. These terms and conditions ("Terms" or "T&Cs"), as well as any attached country annexes and/or product schedules (together "Annex") (if any), will apply to your use of the App Services and Web Services. Please take the time to read and understand these Terms before using these services so that you are aware of your legal rights and obligations. In the event of any inconsistency between these Terms and any Annex, the relevant Annex shall prevail.
1.3. By using the App Services and Web Services and/or completing the signup process, you are entering into a binding contract with us and shall be deemed to have expressly read, understood and agreed to be bound by these Terms.
1.3A. These Terms incorporate within them as though they were fully restated herein, the provisions of the following terms and policies:
1.4. Definitions and Interpretation. In these Terms:
"APP” means Account Protection Program as specified in Clause 9B of the Terms. For the avoidance of doubt, APP shall not be available with respect to Pay and Visa Card.
"Applicable Law" means any law, rule, statute, subordinate legislation...
"Foris DAX Global" shall have the meaning ascribed to the term in Clause 1.1;
"App" means the mobile application software developed, owned and released by Foris DAX Global and available for download for Android or Apple iOS, including all content and services listed in Clause 2.1...
"Web" means the browser-based website application developed, owned and released by Foris DAX Global including all content and services listed in Clause 5.2 and made available on or through the same...
"Site" means the website at https://europa.org.in
· “Stablecoins” means the stable coins offered by Foris DAX Global Limited for use on the Foris DAX Global Limited App or
https://europa.org.in the value of which is pegged to one or more particular Cash currency;
"Lockup” or “Lock up" means the holding of CRO or any other Digital Assets determined to be eligible by
Foris DAX Global Limited in your account for an agreed period of time;
"Taxes" means any taxes, duties or fees that incurred, required to be collected, paid or withheld for any
reason in connection with your use of the Services under any Applicable Law;
"Terms" or "T&Cs" shall have the meaning ascribed to the term in Clause 1.2;
"Third-Party Digital Wallet Application” means any digital wallet mobile application that allows users to
store Eligible Card information on, and make payments with, an eligible mobile device;
"Trademarks" shall have the meaning ascribed to the term in Clause 11.1(a);
“Transaction” shall have the meaning ascribed to the term in Clause 9.1;
"Transaction History" means records of all transactions and any details relevant to such transactions on
your Digital Asset Wallet;
“Unauthorised Transaction” means a Transaction that is not authorized by You. For the avoidance of
doubt, a Transaction that is authorized and/or initiated by You as a result of mistake, duress, fraud,
misrepresentation, inducement etc shall not constitute an Unauthorised Transaction;
"Unsupported Forked Network" shall have the meaning ascribed to the term in Clause 9A.2;
"we/us/our" means Foris DAX Global Limited;
"you/your" means the individual who is the user of the Foris DAX Global Limited App Services or https://europa.org.in Services.
· 2. FORIS DAX GLOBAL LIMITED APP SERVICES
· 2.1. The Foris DAX Global Limited App Services shall comprise the following services:
(a) hosted Digital Asset wallets ("Digital Asset Wallet") by Foris DAX Global Limited that allow you to store
Digital Assets with Foris DAX Global Limited;
(b) a Cash conversion service under which you may convert Cash into any type of Digital Asset to be
held in your Digital Asset Wallet ("Cash to DA Conversion");
(c) a Digital Asset conversion service under which you may convert Digital Asset into other Digital Asset
("Digital Asset Conversion"); and
(d) a Digital Asset transfer service under which you may transfer any Digital Asset to another recipient,
which may be the Digital Asset Wallet of another user of the Foris DAX Global Limited App Services or an external
recipient ("Digital Asset Transfer");
(e) any incentive programme(s) (including but not limited to any kind of reward, cashback, Lock up or
referral programmes) that may be launched or offered via the Foris DAX Global Limited App or the Site from time to
time where permitted under Applicable Law;
(f) purchase of gift cards;
(g) purchase of mobile airtime;
(h) the Crypto Basket service as described in clause 8E below (“Crypto Basket”);
(i) the Foris DAX Global Limited Level Up Program, which allows you to receive benefits and rewards by staking
your CRO in a tiered system (“Level Up Program”). Terms specific to the Level Up Program are more
fully set forth in “Addendum 1” and references therein; and
(j) any other products or services listed in the Annexes (if any), or shown on the Foris DAX Global Limited App or
our official communication channel from time to time.
· You may also access some services and products which are offered by Affiliates of Foris DAX MT Limited
via the Foris DAX Global Limited App, such services and products are governed by separate sets of terms and
conditions.
Backed Depositor Compensation, Insurance, or Guarantee Scheme.
ONBOARDING
4.1. By signing up to use the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services, you represent and warrant that: (a) you are at least eighteen (18) years of age, or the minimum age required in your jurisdiction of residence to have the necessary legal capacity, right, power, and authority to accept these Terms; (b) you have the full right, power, and authority to agree to these Terms; (c) you are not resident or a Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction which Foris DAX Global Limited has notified as being subject to prohibitions or restrictions on accessing or using the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services; (d) you are not a resident or Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Terms or the delivery, holding, use, or exchange of Digital Assets is unlawful or restricted in any way or requires licensing, registration or approval of any kind; (e) you are the authorised user of your Enabled Device, and your Enabled Device is not jailbroken, meaning that you have not, nor are you aware of anyone having, used an exploit to remove manufacturer or carrier restrictions from the relevant device; (f) you are not currently registered as a user of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services; (g) you are not impersonating any other person, operating under an alias or otherwise concealing your identity; (h) you are not located in, under the control of, or a national or resident of (i) any international sanctioned countries, or (ii) any country to which the United States has embargoed goods or services; and (iii) are not identified as a "Specially Designated National" by the Office of Foreign Assets Control of the U.S. Department of the Treasury; (i) you are not placed on the U.S. Department of Commerce, Bureau of Industry and Security's Denied Persons List; (j) you will not use our Services if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms; (k) you will use our Services solely for your own personal use only and not for any commercial or business purposes; (l) you are the sole ultimate beneficial owner of your account and not acting on behalf of or representing any other natural person, legal person or legal entity; (m) you are the beneficial owner of (or if you are acting as a trustee, the legal owner) of any Digital Asset or Cash or fiat currency subject to these Terms and forming the subject matter of the Services; and (n) you are compliant with all Applicable Law requirements to which you are subject, including without limitation, all tax laws and regulations, exchange control requirements and registration requirements.
4.2. In order to use the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services, you must register as a user on the Foris DAX Global Limited App or Foris DAX Global Limited Web, and provide us with all information and/or documents requested by us. Except where permitted by Applicable Law, all information and documents must be in the English language (including such information and/or documents as may be required by us from time to time for compliance with Applicable Laws) in order to process your registration. If the documents you provide are not in the English language (except where permitted by Applicable Law), you may be required to provide us with a certified English translation, in accordance with the requirements set out in Clause 4.3.1.2(i)(b) of the Implementing Procedures Part 1 of the Malta Financial Services Authority Financial Intelligence Analysis Unit, first issued on 20 May 2011, as amended on 18 October September 2021 and available at the following link: https://www.mfsa.mt/wp-content/uploads/2019/08/FIAUImplementing-Procedures-Part-I2019.pdf. Except as permitted by Applicable Law, Foris DAX Global Limited shall not be responsible for the translation of any non-English documents and shall not be obliged to process or review any documents that are not in the English language.
4.3. You agree to cooperate with all requests made by us or any of our third-party service providers on our behalf in connection with your use of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services, including but not limited to identify you or authenticate your identity, validate your funding sources or transactions or verify your source(s) of income and/ or wealth. This may include, without limiting the generality of the foregoing, requiring further information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your information against third party databases or through other sources.
4.4. We are entitled, in our sole discretion and without providing reasons, to refuse your application for or to suspend, terminate or limit your use of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services or your account, and/or to change the eligibility criteria for registration or use of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services at any time.
4.5. We may confidentially verify the information you provide us with or obtain information on you ourselves or through third parties from secure databases. By agreeing to these Terms, you acknowledge and agree that we or a third party on our behalf will carry out such verifications.
4.6. You hereby represent and warrant that any and all information provided to us, our Affiliates or any of our third-party service providers, is always complete, accurate and up-to-date in all respects and that in the event that such information ceases to be complete, accurate and up-to-date, you shall provide us, our Affiliates and third party service providers with such revised and updated information without delay. It is your responsibility to update us with any changes in your personal information or any other information you may have provided us with during registration or else in the course of your engagement with the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services. If at any time we believe that your information is incomplete, outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. Failure to complete any step of the registration process or provide up to date information may result in your inability to or adversely affect your use of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services. You undertake to indemnify us, our Affiliates and any third-party service providers for any and all losses incurred as a result of your failure to provide complete, accurate and up-to-date information at any point prior to and following termination of the Foris DAX Global Limited Services.
4.7. At the time you sign up for Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services or at any time in the future after signing up for Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services, you authorise us to undertake electronic identity verification checks on you, either directly or by using relevant third-party service providers.
4.8. Notwithstanding any Terms hereunder or your successful completion of the signing up process in accordance with Clause 4.2 above, you acknowledge and agree that certain types of users are specifically prohibited from using certain features within the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services. You further represent and warrant that in relation to the use of CSCs on the Foris DAX Global Limited App or Foris DAX Global Limited Web or any of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services, you are not located in, under the jurisdiction of, or a national or resident of any of the countries, states, and jurisdictions listed here.
8.3. All Cash to DA Conversions are irreversible and final once you have provided the relevant Instructions and/or payments to Foris DAX Global Limited and you may not change, withdraw, or cancel the authorization to us as applicable to complete any pending or partially completed transactions. We shall not be liable for any partially completed transactions or delays in the processing of your instructions, or inability to process your instructions due to delay, failure, or interruption in, or unavailability of a Third-Party Digital Wallet Application. If your payment is not successful or if your payment instrument has insufficient funds, you authorize us, in our sole discretion, either to cancel the transaction or to debit your other payment instruments, including balances on your Cash Account for any amount necessary to complete the transaction.
8.4. We reserve the right to cease any Third-Party Digital Wallet Application functionality enabled in the Foris DAX Global Limited App or Foris DAX Global Limited Web at our sole discretion without notice to you.
8.5. We do not guarantee the availability of any exchange rate.
8.6. You shall be responsible for any fees charged by your bank or payment card issuer(s) (including but not limited to any international transaction fees, cash advance fees, and transfer to overseas service charges) relating to the purchase of Digital Assets with your payment card. Some banks or credit card issuers may treat the purchasing of Digital Assets with a credit card as a cash advance which may incur a high fee or interest rate. If you are in doubt, please check with your bank or payment card issuer prior to the purchasing of any Digital Assets.
8A. Purchase and Use of Gift Cards
8A.1 Foris DAX Global Limited partners with third-party gift card providers (“Gift Card Providers”) to offer gift cards, gift certificates, and other forms of prepaid access and stored value (each a “Gift Card”) which you may purchase via the Foris DAX Global Limited App. Prior to purchasing a Gift Card, please check and be aware of any expiry date, jurisdiction limitation, and any disclaimers given by the issuer of the Gift Card ("Gift Card Issuer") or the Gift Card Providers. It is your responsibility to carefully read and observe all terms, conditions, and disclosures relating to your purchase and use of the Gift Card. Except where required by Applicable Laws, you acknowledge and agree that we are unable to refund the Gift Card under any circumstance that is not set forth herein. After you purchase a Gift Card, you will receive the redemption instructions via email at the email address that you last provided to us through appropriate channels and as evidenced in our records (“Gift Card Redemption Instructions”). You may then redeem the Gift Card in accordance with the Gift Card Redemption Instructions.
8A.2 For a Gift Card that has been delivered to you via email or the Foris DAX Global Limited App, unless we made a mistake by selling you a Gift Card that is not redeemable in the countries listed and subject to any mandatory cancellation periods set out in Applicable Law, we shall not be obliged to and will not refund to you the purchase value of the Gift Card. Please be aware that certain Gift Cards may only be redeemed within specified jurisdictions.
8A.3 For a Gift Card that is unable to be delivered to you after payment has been received by us due to system failure or if the Gift Card is out of stock or unavailable at the time of the transaction, we shall refund to you the purchase value of the Gift Card in full.
8A.4 Your order and use of the Gift Card is fulfilled and delivered by the Gift Card Providers. If you encounter any issues arising from the Gift Card including the redemption of the Gift Card, we will assist you to contact the Gift Card Provider to resolve the issues. Notwithstanding the foregoing, we shall not be responsible for the delivery or your use or redemption of the Gift Card.
8A.5 The risk of loss and title for Gift Cards pass to you upon the electronic transmission or transfer of the Gift Card to you or the designated recipient. You are solely responsible for safeguarding the Gift Card from unauthorized use, and Foris DAX Global Limited shall not be responsible if any Gift Card is lost, stolen, destroyed, or otherwise used without your permission. You agree that the Gift Card Provider and/or the Gift Card Issuer are responsible for any local requirements that relate to the respective Gift Card(s) that they provide, issue, or otherwise make available and that any discrepancy associated with such local requirements shall be disputed between you and the Gift Card Provider and/or Gift Card Issuer.
8A.6 In the event that a Gift Card Provider or Gift Card Issuer assigns the benefit of its credits to a third party, is declared insolvent, or has appointed or has arranged to appoint a receiver or trustee in bankruptcy to take charge of all or part of its property and is therefore unable to fulfill your use or redemption of the Gift Card, except as expressly stated herein or otherwise provided by any Applicable Laws’ local consumer protection regime, Foris DAX Global Limited shall not be obliged to and will not refund to you the purchase value of the Gift Card and there is a chance that you will be unable to recover any amount from the Gift Card Provider or Gift Card Issuer.
8B. Purchase and Use of Mobile Airtime
8B.1 Foris DAX Global Limited offers a feature within the Foris DAX Global Limited App that enables users to top up a prepaid phone number by purchasing mobile airtime with specific types of Digital Assets (“Pay Airtime”). Prior to purchasing Pay Airtime, please check and be aware of the restrictions and/or limitations regarding the purchase and use of Pay Airtime. It is your sole responsibility to carefully read and observe all such restrictions and/or limitations. Without prejudice to any mandatory cancellation periods set out in the Applicable Law, we shall not be obliged to and will not offer any refund due to your negligence or oversight in observing any restrictions and/or limitations regarding the purchase or use of Pay Airtime. After you purchased Pay Airtime, you will receive a confirmation email to your registered email address in our records. The confirmation email acts as a record of the purchase and may include redemption instructions (“Pay Airtime Redemption Instructions”) depending on your network operator. You may then redeem the Pay Airtime in accordance with the Pay Airtime Redemption Instructions.
8B.2 It is your sole responsibility to ensure the accuracy and correctness of the necessary information to enable your use of Pay Airtime, including, but not limited to, the phone number, the country, the network operator, and the amount of the top-up. We shall not be responsible for any consequences arising from the inaccuracy or incorrectness of any information provided by you.
8B.3 For Pay Airtime that is unable to be redeemed after payment has been received by us due to our system failure, we shall refund to you the purchase value of the Pay Airtime in full.
8B.4 The purchase and use of Pay Airtime is enabled by your network operator. If you encounter any issues arising from Pay Airtime including the activation of the Pay Airtime, we will use reasonable endeavors to assist you to contact your network operator to resolve the issues, and it is in the sole discretion of your network operator to determine how to correct the issues. With regards to such issues, and subject to any Applicable Law, we shall not be obliged to and will not refund to you the purchase value of the Pay Airtime.
8C. Foris DAX Global Limited Pay
8C.1 Foris DAX Global Limited offers a payment solution within the Foris DAX Global Limited App that enables users to send Digital Assets to other users and pay qualifying merchants with the Digital Asset of their choice (“Foris DAX Global Limited Pay”). A receipt will be sent to your registered email address once a Foris DAX Global Limited Pay transfer or purchase has been confirmed.
8C.2 If you pay for a purchase via Foris DAX Global Limited Pay with CRO you may be entitled to receive a certain amount of CRO back (“Pay Rewards”) via the Foris DAX Global Limited App after you have successfully completed your qualifying purchase from a qualifying merchant using Foris DAX Global Limited Pay. This entitlement and the corresponding amount of Pay Rewards is contingent upon the merchant of record and the amount of CRO you have Locked up. Foris DAX Global Limited reserves the right in its sole discretion not to process a payment for any reason, refuse to pay any Pay Rewards or add, remove or change the list of qualifying merchants.
8C.3 All refunds will be made in CRO regardless of the type of Digital Asset you may have used to pay for your Foris DAX Global Limited Pay purchase. All refunds will be subject to a handling fee of 10 CRO, unless otherwise stated. Refunds below 10 CRO or its equivalent will not be processed, except where required by Applicable Law.
8C.4 Foris DAX Global Limited has the sole discretion in determining whether Pay Rewards shall be granted or whether you shall be eligible for any refund. If you believe that you are entitled to any unreceived Pay Rewards, or your transaction is otherwise eligible for a refund, please contact us via live Foris DAX Global Limited in-app chat or at https://chat.forisdaxglobal.com/.
8D. Trading Bots and other materials
8D.1 You may utilize various Trading Tools (including but not limited to proprietary automated trading bots (“Trading Bots”) to execute trades by filling in and updating trading parameters decided by You.
8D.2 You acknowledge the risks of using such Trading Bots and that its use constitutes an authorized Instruction by You. You understand that Trading Bots execute your instructions only and that the operation of any such Trading Bots are determined by parameters set by you.
8D.3 While we will use best efforts to make the Trading Bots available at all times, you understand and acknowledge that its availability and accuracy may be affected by factors outside our reasonable control.
8D.4 We retain the discretion to update, modify, cancel and/or otherwise terminate your access to any Trading Bots and its functionalities from time to time to enhance customer experience. You understand that we are not responsible for any downtime resulting from these actions.
8E. Crypto Basket
8E.1 Crypto Basket is a pre-specified bundle of individual Digital Assets that a customer may purchase. Each Digital Asset in the specific Crypto Basket constitutes a specific percentage of the total value of the Crypto Basket (“Weight”). By purchasing a Crypto Basket, you purchase each of the Digital Assets identified in that Crypto Basket and the amount of each Digital Asset purchased is equal to that Digital Asset’s Weight. You will be able to determine the value of each Crypto Basket Purchase, but not the respective Weights of each Digital Asset within a Crypto Basket. The Digital Assets and Weights for each Crypto Basket are pre-selected and cannot be modified.
8E.2 We reserve the right to remove any particular Digital Asset in a Crypto Basket, replace a Digital Asset in a Crypto Basket, or cease offering a Crypto Basket at any time without notice to you and in each case in our sole discretion. We may do so in situations including, but not limited to, the following:
(a) When a certain Digital Asset in a Crypto Basket is delisted from the Foris DAX Global Limited App;
(b) When a certain Digital Asset in a Crypto Basket is rebranded by the blockchain protocol issuing the Digital Asset and re-issued as another Digital Asset by the same blockchain protocol, and we decide to support the rebranding by listing the new Digital Asset on the Foris DAX Global Limited App.
8E.3 If a Digital Asset is removed from a Crypto Basket and not replaced, the Weights of each remaining Digital Asset shall be determined by us and you will receive notification of the change. To be clear, any Digital Asset that is removed from a Crypto Basket after you purchase the Crypto Basket will not be removed from your Crypto Wallet. Any changes in the composition of a Crypto Bundle will only affect subsequent purchases.
8E.4 For more information on the different categories of Crypto Baskets please visit this FAQ page here.
No investment advice or asset management
8E.5 Crypto Baskets are not intended to be, and should not be construed as, an investment advisory or asset management service. You acknowledge that the availability of Crypto Baskets does not constitute personalized financial, or investment advice, tailored to your specific needs or financial situation.
8E.6 The Digital Asset combinations in each Crypto Basket are pre-selected based on predefined criteria, such as market capitalization or sector, and are available for all users to view and select from. Each Crypto Basket carries its own risk profile. You are advised to do your own research on not just the individual Digital Assets within a Crypto Basket, but also the holistic risk profiles of each Crypto Basket, before making a decision on whether you wish to purchase a particular Crypto Basket.
8E.7 You are solely responsible for your financial decisions, including the decision to purchase, hold, or sell any Crypto Baskets, and we make no representations regarding the suitability of any Crypto Basket for any particular user or segment of users.
8E.8 By purchasing a Crypto Basket, you understand and agree that you are selecting from available Crypto Baskets independently and without reliance on us for any individual financial advice or guidance.
Rebalancing
8E.9 Rebalancing is an optional functionality allowing you to pre-authorize purchases and sales of individual Digital Assets to maintain the relative weights of each Digital Asset within a Crypto Basket at the default Weights (“Rebalancing”), as the relative weights may change and diverge from the default Weights over time due to changes in the underlying value of each Digital Asset and other activities subsequent to your purchase of the Crypto Basket. Rebalancing is simply a tool to pre-authorize purchases and sales of the specified Digital Assets in a given Crypto Basket at selected intervals.
8E.10 Rebalancing will be enabled by default unless you choose to disable it. If you do not disable Rebalancing, better-performing assets are redistributed to lower-performing ones because Rebalancing is based on the market value of each asset, which changes over time. You have the option to disable Rebalancing at any time. For more information on how Rebalancing works, please visit this FAQ page here.
No active or passive management
8E.11 Rebalancing is a fully automated process that executes your recurring pre-authorized transactions to maintain the Digital Asset Weights within the Crypto Basket. We do not actively or passively manage, monitor, or optimize the performance of, Digital Assets within any Crypto Basket. Rebalancing is carried out without regard to your specific personal financial circumstances or goals.
8E.12 You acknowledge and agree that we do not provide active or discretionary portfolio management services when we perform Rebalancing. Our role is limited to executing automated, periodic Rebalancing based solely on the predetermined Weights of each Digital Asset within the Crypto Basket and your instructions pre-authorizing the transactions. We do not offer any personalized advice or take any action aimed at optimizing the performance of any particular Crypto Basket.
8E.13 Your responsibility and risks
(a) You understand and agree that Rebalancing is not a guarantee of improved financial performance or risk mitigation.
(b) You bear full responsibility for the decision to enable or disable Rebalancing and understand that market conditions may impact the effectiveness of Rebalancing strategies.
(c) We make no representations or guarantees about the current or future performance of any Rebalanced Crypto Basket or the relative performance of any particular Crypto Basket whether Rebalancing is disabled or not.
Recurring Buy
8E.14 Recurring Buy is an optional functionality that enables you to pre-authorize automatic periodic purchases of a specified amount of a Crypto Basket at predetermined intervals. By enabling Recurring Buy, you expressly authorize and instruct us to execute your purchase of the Crypto Basket at the prevailing market values of the Digital Assets comprising the Crypto Basket at the time each scheduled Recurring Buy purchase occurs. You may enable or terminate the Recurring Buy instructions at any time.
8E.15 You are responsible for ensuring that adequate funds or other acceptable means of payment are available to cover each scheduled Recurring Buy transaction. Transactions will not be executed if your designated payment method is unable to successfully process the payment, and we bear no responsibility or liability for missed purchases resulting from such payment failures. We reserve the right, at our sole discretion, to modify, suspend, or discontinue the Recurring Buy feature at any time. Any such modification or termination will not affect previously executed transactions.
8E.16 Recurring Buy is provided solely as a convenience tool and does not constitute investment advice, financial planning, or asset management. We make no warranties, representations, or guarantees regarding the effectiveness, profitability, or risk mitigation of Recurring Buy. You remain solely responsible for overseeing and managing your Recurring Buy settings and understanding the associated risks.
9. OTHER PROVISIONS APPLICABLE TO OUR SERVICES
9.1 Foris DAX Global Limited reserves the right to, in its sole discretion, refuse to process or to cancel any pending request from you for any Digital Asset Transfer, Digital Asset Conversion, or Cash to DA Conversion (each, a "Transaction"), including for purposes of compliance with Applicable Law.
9.2 Foris DAX Global Limited securely stores Digital Assets private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Foris DAX Global Limited to retrieve this information from offline storage in order to facilitate a Transaction in accordance with your Instructions, which may delay the initiation or crediting of such Transaction for 48 hours or more. As a user of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services, you accept the risk that a Transaction facilitated by Foris DAX Global Limited may be delayed and you agree not to hold Foris DAX Global Limited responsible for any loss or damage arising out of or related to such delay.
9.3 It is your sole responsibility to determine whether, and to what extent, any Taxes apply to any transactions associated with your receipt or transfer of Digital Assets, and/or to the Transactions you conduct, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate tax authorities. Your Transaction History is available through the Foris DAX Global Limited App. We are not obligated to, nor will we determine whether, and to what extent, Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.
9.4 The loading of Digital Asset to your Digital Asset Wallet and/or any Transaction are subject to limits imposed by Foris DAX Global Limited (as may be amended from time to time in Foris DAX Global Limited's sole discretion). Such limits are set out in the “Fees & Limits” section in the Foris DAX Global Limited App but Foris DAX Global Limited may, in its sole discretion, apply different limits to you specifically. We may also require you to submit additional information about yourself or any Transaction you have effected.
9A. FORK
9A.1 You agree and understand that the underlying protocols of the Digital Assets' networks are subject to changes (each a "Fork"), which are exogenous to Foris DAX Global Limited and may result in more than one version of such network (each a "Forked Network"). You further agree and understand that Forks may materially affect the value, function, and/or name, and may result in loss of control or ownership, of the Digital Assets you hold in your Digital Asset Wallet.
9A.2 If a Fork occurs, it will result in the creation of a new Digital Asset (the “New Forked Asset”) related to an existing Digital Asset (the “Prior Asset”). You further understand, acknowledge and agree that each Fork may materially affect the value, function, and/or name, and may result in loss of control or ownership, of the Prior Asset that we hold in your Foris DAX Global Limited account, and that the New Forked Asset and/or Prior Asset may have minimal or no value.
9A.3 Upon becoming aware of a Fork and to the extent that we have any rights or are able to take any action, in the event of a Fork, Foris DAX Global Limited may, in our sole discretion, temporarily suspend or amend any Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services or any Digital Assets for an extended period of time (with or without advance notice to you) until we have determined that such functionality can be restored. We may also determine, in our sole discretion, whether or not to support the Forked Network(s) and who should have ownership or receive New Forked Assets and/or benefits (if any). This could occur with potentially little or no warning and your ability to use the Services or Digital Assets may be limited and subject to the Fork. In the event that Foris DAX Global Limited decides not to support any such Forked Network ("Unsupported Forked Network"), the New Forked Assets offered by such Unsupported Forked Networks will not be made available to you. Notwithstanding the foregoing, we may, in our sole discretion obtain and retain the New Forked Assets offered by such Unsupported Forked Network as property belonging solely to Foris DAX Global Limited.
9A.4 You understand, acknowledge and agree that you have no right, claim or privilege in, or with respect to, any New Forked Asset. If we do not support a New Forked Asset, you may not be able to withdraw the New Forked Asset promptly or at all; you may not be able to trade the New Forked Asset on the Foris DAX Global Limited App or Foris DAX Global Limited Web or otherwise on our platform; and you may lose any value associated with such New Forked Asset.
9A.5 If we determine not to support a New Forked Asset, we may, in our sole discretion:
(i) obtain and retain the New Forked Asset as property belonging to us; or
(ii) make the New Forked Asset available to you on a one-time basis, based on your holding of the Prior Asset at the time of the Fork, subject to the withholding and retention by us of an amount reasonably calculated to fairly compensate us for the cost of making such New Forked Asset available and subject to our withdrawal procedures. We will notify you only if we elect to permit a one-time withdrawal pursuant to (ii) above.
9A.6 You acknowledge the risks presented by Forks and hereby accept that we have no responsibility for any losses or damage arising as a result of an Unsupported Forked Network.
9A.7 WE HAVE NO CONTROL OVER, NOR DO WE HAVE THE ABILITY TO INFLUENCE, THE CREATION OR IMPLEMENTATION OF A FORK OR OF THE NEW FORKED ASSET. WE CAN PROVIDE NO ASSURANCES ABOUT THE SECURITY, FUNCTIONALITY OR SUPPLY OF ANY DIGITAL ASSET, INCLUDING BOTH THE NEW FORKED ASSET AND THE PRIOR ASSET. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE ASSUME NO LIABILITY RELATING TO ANY CHANGE IN THE VALUE OF ANY DIGITAL ASSET (WHETHER OR NOT RESULTING FROM A FORK). YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT A FORK COULD CONSTITUTE A FORCE MAJEURE EVENT BEYOND OUR REASONABLE CONTROL, WHICH COULD AFFECT THE VALUE OF YOUR DIGITAL ASSETS, AND THAT FORIS DAX GLOBAL LIMITED DOES NOT ASSUME ANY LIABILITY FOR LOSSES RESULTING FROM SUCH EVENTS.
9B. ACCOUNT PROTECTION PROGRAM
9B.1 If we, in our sole discretion, determine that there has been an Unauthorised Transaction, we may provide relief to you (“APP Relief”) subject to the remainder of this Clause 9B and your continued adherence to these Terms.
9B.2 APP Relief shall not be available with respect to Foris DAX Global Limited Pay.
9B.3 You must satisfy all conditions imposed by us under the Terms and as further clarified in the FAQs, as may be updated from time to time, in order to be eligible for consideration for APP Relief.
9B.4 To assess your eligibility for APP Relief, we may request relevant information and documents from you or any other third-party sources.
9B.5 We will, at our sole discretion, determine whether you should obtain APP Relief and the quantum of such relief (up to the maximum amounts specified under Clause 9B.8). In accepting any APP Relief, you also agree that (i) we reserve the right to set off any outstanding funds that you may owe us and (ii) waive any claims or rights you may have against us for the full value of the Unauthorised Transaction. We also reserve the right to rescind full or partial payments made pursuant to any APP Relief, or to take any other actions against you if we subsequently determine that any information you have provided was untrue, or that your conduct involved bad faith, dishonesty, or fraud.
9B.6 If we make a determination in your favor, we maintain any and all rights under these Terms which are consistent with that determination. Notwithstanding the rest of this Clause 9B, you hereby agree that we shall not be deemed to have waived our rights under clauses 3.2, 6.2, 14.1, and 17.2(v), and that all such Terms remain in full force and effect in relation to all other Transactions.
9B.7 If we determine that you should obtain APP Relief under this section, we may calculate your APP Relief as follows, subject to the upper limit set out in clause 9B.8: In the case of a Transaction which is an Unauthorised Transaction, we will give you the amount of the relevant Digital Asset or other Digital Asset at our sole discretion that is up to the amount that was lost, reduced by any Digital Assets / funds which may be recovered.
9B.8 The APP Relief is:
(a) in the case of Digital Assets, a maximum of USD 250,000 calculated at our discretion by reference to the USD price of those Digital Assets, either:
(i) as of the date of the Unauthorised Transaction; or
(ii) as at the date that APP Relief is disbursed.
(b) in the case of Cash, a maximum of either:
(i) USD 250,000 if USD was the currency subject to the Unauthorised Transaction or transfer; or
(ii) the equivalent of USD 250,000 in the currency of the Unauthorised Transaction or transfer, calculated at the conversion rate (as between USD and the second-mentioned currency) as at the end-of-day average of the date of the Unauthorised Transaction.
9B.9 You hereby agree and acknowledge that we maintain the full right and discretion to:
(a) provide APP Relief in such type and form as we deem fit, including by way of any currency, legal tender, or medium of exchange;
(b) consider and determine the applicable conversion rates with reference to real-time market rates; and
(c) amend the terms of as well as suspend or terminate the availability of APP Relief without prior notice to you, including but not limited to an event where APP Relief becomes subject to any prohibitions or restrictions arising from Applicable Law.
9B.10 You hereby acknowledge and agree that our determination under Clause 9B.4 is full and final and shall not enliven any process of appeal or further contest. You furthermore undertake and represent that you waive all claims whatsoever against us and/or our Affiliates upon accepting any full or partial APP Relief, regardless of whether any future recoveries are made due to our efforts to recover relevant funds and/or Digital Assets.
9C. AIRDROPS
9C.1 In the event of an Airdrop, Foris DAX Global Limited may temporarily suspend any Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services or any Digital Assets for an extended period of time (with or without advance notice to you) until we have determined that such functionality can be restored. This could occur with potentially little or no warning and your ability to use the Services or Digital Assets may be limited and subject to the Airdrop.
9C.2 Upon becoming aware of an Airdrop and to the extent that we have any rights or are able to take any action, we may in our sole discretion determine whether to credit any Digital Assets and/or benefits received by us to a Foris DAX Global Limited account or participate in an Airdrop, and upon what terms to do so, such decision regarding the Digital Assets and/or benefits remains with us at all times. We will not be liable to you for failure to credit any Digital Asset and/or benefits to you or participate in any Airdrop. If we do not support an Airdrop, we may claim such Airdrop and any Digital Asset and/or benefits in relation to it, for our own benefit (unless it is unavoidable or impractical to avoid based on the means of distribution). Where due to an Airdrop, any airdropped Digital Assets and/or benefits in respect of any Digital Assets have been received by you directly, we may claim such airdropped Digital Assets and/or benefits from you and you agree to return such airdropped Digital Assets and/or benefits to us. You further agree that any Digital Assets and/or benefits in relation to an Airdrop does not create or represent any relationship between us and the sender and/or the related Digital Asset network, and that we are not subject to any obligations whatsoever as they relate to the sender and/or the related Digital Asset network.
10. FEES
10.1. Your use of the Foris DAX Global Limited App Services and Foris DAX Global Limited Web Services may be subject to certain Fees, which will, if applicable, be debited from your Digital Asset Wallet. The list of applicable Fees are set out on the Foris DAX Global Limited App ([Home] > [Settings] > [About Foris DAX Global Limited] > [Fees & Limits]) and may be updated by Foris DAX Global Limited from time to time.
10.2. All applicable Fees listed on the Foris DAX Global Limited App and the Site are exclusive of any applicable Taxes, and the actual Fee charged will be increased to account for any such applicable Taxes.
10.3 Foris DAX Global Limited will issue a payment notice to you for any Fees or amounts that you owe us, including but not limited to any amount owed to us as a result of us exercising our rights under Clauses 2.2(b) or (c). If such amount is not repaid within 14 days from the date of notification, you confirm and authorize Foris DAX Global Limited to recover such amount from any of your accounts with Foris DAX Global Limited by debiting any assets in those accounts.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. You acknowledge and agree that:
(a) the Foris DAX Global Limited trademarks and logos, and any other logos, service marks, product names, and other proprietary indicia used by us in the Foris DAX Global Limited App or Foris DAX Global Limited Web, on the Site or elsewhere are the property of either Foris DAX Global Limited or third-party licensors (collectively, the "Trademarks");
(b) the intellectual property rights in and to the Foris DAX Global Limited App Services and Foris DAX Global Limited Web Services are either owned by us or licensed to us by third-party licensors;
(c) other than the license expressly granted by you in these Terms, no other rights are granted to you in respect of either the Trademarks, the Foris DAX Global Limited App or Foris DAX Global Limited Web or the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services; and
(d) no part or parts of the Foris DAX Global Limited App or Foris DAX Global Limited Web may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission.
12. CONDUCT
12.1. Without prejudice to the foregoing, you undertake not to (and shall not, knowingly or otherwise, authorize, allow, or assist any other party to):
(a) use the Foris DAX Global Limited App or Foris DAX Global Limited Web to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing material, junk mail, or chain letters;
(b) use the Foris DAX Global Limited App or Foris DAX Global Limited Web to perform illegal, unlawful, or immoral activities (including but not limited to money laundering, terrorism financing, and fraudulent activities);
(c) use the Foris DAX Global Limited App or Foris DAX Global Limited Web to upload content that contains or is infected with viruses, malicious codes, Trojan horses, is unlawful, immoral, or illegal, or contains any other harmful or deleterious program;
(d) modify or adapt the whole or any part of the Foris DAX Global Limited App or Foris DAX Global Limited Web or combine or incorporate the Foris DAX Global Limited App or Foris DAX Global Limited Web into another other program or application;
(e) disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas, and algorithms of the Foris DAX Global Limited App or Foris DAX Global Limited Web or any components thereof;
(f) use the Foris DAX Global Limited App or Foris DAX Global Limited Web in any manner that would lead to the infringement of our, our Affiliates’ or any other third party’s intellectual property rights, including without limitation any copyright, patent or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests;
(g) use the Foris DAX Global Limited App or Foris DAX Global Limited Web in a way that could damage, disable, impair or compromise the Foris DAX Global Limited App or Foris DAX Global Limited Web or the provision of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services (or the systems or security of the Foris DAX Global Limited App or Foris DAX Global Limited Web or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of Foris DAX Global Limited. You undertake not to gain or attempt to gain unauthorized access to the account or wallets of other Foris DAX Global Limited users;
(h) take any action that imposes an unreasonable or disproportionately large burden or load on the Foris DAX Global Limited infrastructure (including, but without limitation to our servers, networks, data centers, and related or like equipment) or detrimentally interfere with, intercept or expropriate any system, data, or information belonging to other users of the Services;
(i) engage in any other activities deemed inappropriate by us or which is in contravention of these Terms or any Applicable Laws;
(j) provide false, inaccurate, incomplete, or misleading information to Foris DAX Global Limited or any of its Affiliates or third-party services providers;
(k) deposit with Foris DAX Global Limited any Digital Assets or Cash forming part of the proceeds of any criminal or unlawful activity; or
(l) demonstrate or use any abusive, threatening and/or violent behavior or language towards our personnel.
13. DATA PROTECTION
13.1. By using the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services, you confirm that you have read, understood, and accepted our Privacy Notice and understand how we collect, use, disclose, and share amongst ourselves your Personal Data and disclose such Personal Data to our authorized service providers and relevant third parties. We will only share your Personal Data in order to facilitate and administer your use of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services or otherwise if required by Applicable Law or any of our counterparties who are controllers of your data. Such a data controller will manage and protect your personal data in accordance with all Applicable Law including but not limited to data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it, and how we keep it secure, please refer to our Privacy Notice, which is accessible at https://europa.org.in/privacy.html.
13.2. We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or anti-money laundering and counter-terrorist financing purposes. We will either seek your consent expressly or deem your consent to be provided by conduct in accepting the terms set out in these Terms, for the purposes of obtaining any of your Personal Data from any entity of the Foris DAX Global Limited group with which you may have signed other agreements and provided identical Personal Data to in the course of obtaining other products and services from such entity. You understand and accept that this may involve a transfer of your Personal Data across jurisdictions (which may have different standards or applicable laws in relation to personal data collection, use, disclosure, transfer, access and/or editing). If you are not comfortable with this, please do not accept these Terms.
14. ELECTRONIC COMMUNICATIONS
14.1. You shall accept full responsibility for the security and authenticity of all Instructions sent via the Foris DAX Global Limited App or Foris DAX Global Limited Web and you shall be bound by all such Instructions. We shall be entitled to assume that all Instructions received from your Enabled Device via the Foris DAX Global Limited App or Foris DAX Global Limited Web are yours. We shall be under no obligation whatsoever to verify that such Instructions are in fact yours.
14.2. You are aware that Instructions and information transmitted via the Foris DAX Global Limited App or Foris DAX Global Limited Web 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 so transmitted will in fact be completely protected against such unauthorized third-party access or will be error-free.
14.3. Any Instructions sent by you to us shall only be deemed to be received by us when we have successfully retrieved such Instructions from the relevant system and duly informed you of such receipt. In addition, any Instructions sent by you to any third parties (for example, network merchants) shall only be deemed to have been received by such third parties in accordance with their terms and conditions.
14.4. You agree without prejudice to any of these Terms, that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communication, to the maximum extent permitted under Applicable Law, such terms shall not apply to your use of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services and that you shall be liable for any damage that may be caused through the use of the Internet – i.e. through loss, delay, misunderstandings, corrupted texts, unauthorized interceptions by third parties, or duplicates.
14.5. You acknowledge and agree that in the event of any dispute arising in connection with your use of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services, our records (including electronic, computer, and microfilm stored records) of all matters relating to your use of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services and/or of you (including Transaction History) at any specified date shall be conclusive of their accuracy and authenticity and shall be binding on you for all purposes whatsoever. In addition, you agree to the admissibility of such documents without further requirement of proof of authenticity or accuracy in a court of law under Applicable Law as it relates to evidentiary law, rules, and/or regulations.
LIMITATION OF SERVICES / TERMINATION / ACCOUNT CLOSURE
15.1. Subject to Applicable Law, Foris DAX Global Limited may at any time and without liability to you, terminate, suspend, or limit your use of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services (including but not limited to freezing the Digital Assets in your account or freezing or closing your Digital Asset Wallet, refusing to process any transaction, or wholly or partially reversing, cancelling or voiding any Transactions that have been effected) for any reason, including (but not limited to): (a) in the event of any breach by you of these Terms and all other applicable terms; (b) for the purposes of complying with Applicable Laws; (c) where Foris DAX Global Limited suspects that a transaction effected by you is potentially connected to any unlawful activities (including but not limited to money laundering, terrorist financing, and fraudulent activities); (d) to remedy the effects of any defect in or compromise to any information system upon which Foris DAX Global Limited relies on; (e) as may be informed by its internal monitoring policy and the profile of spending reasonably anticipated for the type of consumer group you belong to; (f) in Foris DAX Global Limited's opinion that an order or Transaction has been executed based on an aberrant value; or (g) in Foris DAX Global Limited’s opinion, you are intentionally abusing the Foris DAX Global Limited Services and products, or engaging in actions to defame, abuse, harass, stalk, threaten or otherwise violate any of the rights of Foris DAX Global Limited and/or its employees.
15.2. Your obligations under these Terms will continue in the event of such suspension or termination described in Clause 15.1 above.
15.3. You shall not be entitled to any payment, compensation, or damages from us in relation to any suspension, reversal or termination of your use of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services for any reason whatsoever. Any limitation, suspension or termination of your use of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such limitation, suspension or termination, has already accrued.
15.4. Our rights of limitation, suspension, and termination under these Terms shall be without prejudice to any other rights or remedies which we may have (whether under these Terms, Applicable Law or otherwise).
15.5. If you wish to suspend or terminate your access to and use of any of the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services or close your account, you are required to submit a request to Foris DAX Global Limited in such manner and form and accompanied by such information and supporting documentation, including as necessary for verifying your identity and the authenticity of the instructions received, as may be required by us to request for and effect such suspension or termination. You acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension or termination.
15.5A If, at the time of the submission of your account closure request, your account has any outstanding or ongoing obligations, commitments, or activities, including but not limited to any Lock up or any amount due to Foris DAX Global Limited, you agree that Foris DAX Global Limited shall not be obliged to process such closure request until all such obligations, activities or commitments have been discharged or expired.
15.6. If you have a remaining balance in your account which has been suspended or closed, you are entitled to recover such Digital Assets from your Digital Asset Wallet and Cash from your Cash Account unless we are prohibited by law or a court order to release such Digital Assets or Cash, respectively, or where we have reasonable grounds to suspect that such Digital Assets or Cash or fiat were obtained through fraud or any unlawful means or connected with any criminal activities. If you have any questions about this Clause, please contact us via live Foris DAX Global Limited in-app chat or at https://europa.org.in/chat.
15.7 Subject to Applicable Law, we may at any time and with appropriate notice to you (i) set off any amount we owe you against any amount that you owe us; or (ii) recover any amount you owe us (in either case, whether or not the obligation is matured or contingent and irrespective of the currency, asset or place of payment). Any amounts that are so set off will be discharged promptly and in all respects.CUSTOMER FEEDBACK, QUERIES, AND COMPLAINTS
16.1. If you have any feedback, questions or complaints, please contact us via live Foris DAX Global Limited in-app chat or at https://europa.org.in/chat. Whilst we strive to respond to you as soon as possible, for more complicated issues, it may take us up to 45 days to resolve and get back to you. You accept and agree that we shall not be responsible for any loss and damage incurred during such period.LIMITATION OF LIABILITY
17.1. THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING TITLE, NON-INFRINGEMENT, TIMELINESS, QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE (REGARDLESS OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE FORIS DAX GLOBAL LIMITED APP SERVICES OR FORIS DAX GLOBAL LIMITED WEB SERVICES PROVIDED UNDER THESE TERMS. ADDITIONALLY, FORIS DAX GLOBAL LIMITED DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE FORIS DAX GLOBAL LIMITED ATTEMPTS TO MAKE YOUR USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUR LIABILITY IN RESPECT OF REPRESENTATIONS AND WARRANTIES THAT CANNOT BE EXCLUDED IS LIMITED, AT OUR OPTION, TO ANY ONE OF:
(i) RE-SUPPLYING, REPLACING OR REPAIRING THE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED; OR
(ii) PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.
17.2. NOTWITHSTANDING ANYTHING IN THESE TERMS, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGE OR CLAIMS:
(i) DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT, OUTSIDE OUR REASONABLE CONTROL AND THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS);
(ii) ARISING FROM OR IN CONNECTION WITH:
(A) ANY INTERRUPTION, DELAY, SUSPENSION, DISCONTINUANCE OR FAILURE OF THE FORIS DAX GLOBAL LIMITED APP OR FORIS DAX GLOBAL LIMITED WEB OR FORIS DAX GLOBAL LIMITED APP SERVICES OR FORIS DAX GLOBAL LIMITED WEB SERVICES;
(B) ANY REFUSAL TO PROCESS OR AUTHORISE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;
(C) YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE OR BREAKDOWN / NON-AVAILABILITY OF THE FORIS DAX GLOBAL LIMITED APP OR FORIS DAX GLOBAL LIMITED WEB, NETWORK, OUR HARDWARE OR SOFTWARE OR THAT OF ANY THIRD PARTIES;
(D) USE OF YOUR ENABLED DEVICE AND THE FORIS DAX GLOBAL LIMITED APP SERVICES OR FORIS DAX GLOBAL LIMITED WEB SERVICES BY THIRD PARTIES, WHETHER AUTHORIZED OR UNAUTHORIZED BY YOU;
(E) ANY THEFT OR LOSS OF YOUR ENABLED DEVICE;
(F) ANY UNAUTHORIZED OR INELIGIBLE USE OF THE FORIS DAX GLOBAL LIMITED APP SERVICES OR FORIS DAX GLOBAL LIMITED WEB SERVICES CONTRARY TO THESE TERMS;
(iii) DUE TO COMPLIANCE WITH APPLICABLE LAWS AND/OR COURT ORDERS;
(iv) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOST DATA, OTHER INTANGIBLE LOSSES, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THESE TERMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR WHETHER OUR OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
(v) RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.
17.3. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE SERVICES EXCEED THE FEES YOU PAID US FOR YOUR USE OF THE SERVICES DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
17.4. Subject to Applicable Law, we shall not be liable for fault on the part of any third party service providers instructed by us. In such cases, our liability shall be limited to using reasonable care in the selection, appointment and instruction of such third party service providers (but not of any subcontractor or other third party such third party service provider may use).
17.5. Nothing in these Terms shall operate to limit or exclude any liability for fraud, gross negligence or for death or personal injury resulting from negligence.
17.6. THE PARTIES AGREE THAT ANY CLAIMS AGAINST THE OTHER UNDER THESE TERMS MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. NO COURT OR ADJUDICATOR MAY CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED TO ANY USER OF THE FORIS DAX GLOBAL LIMITED APP SERVICES OR FORIS DAX GLOBAL LIMITED WEB SERVICES CANNOT AND MAY NOT AFFECT ANY OTHER USERS.
INDEMNIFICATION
18.1. You agree to indemnify and hold Foris DAX Global Limited and its third party service providers, and each of their officers, directors, agents, joint venture entities, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (a) your breach of any of these Terms; (b) your use of the Foris DAX Global Limited App or Foris DAX Global Limited Web and/or the Foris DAX Global Limited App Services or Foris DAX Global Limited Web Services; and (c) your violation of any Applicable Laws or regulations of any jurisdiction, or the rights of any third party.AMENDMENT AND VARIATION
19.1. These Terms may from time to time be updated or amended. We will post any such updates on the Foris DAX Global Limited App or Site and an alert notification will be sent to you. Such updated Terms as posted will take effect [immediately] unless otherwise indicated. You should regularly check the Foris DAX Global Limited App and Site to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the Foris DAX Global Limited App without prior notice by posting the revised version on the Crypo.com App and if the revision is material, Crypto.com will make a notice of such on the Website or otherwise notify you. By continuing to use the Crypto.com App and/or the Crypto.com App Services or Crypto.com Web Services after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated
25.1. Other than any entities within the Foris DAX Global Limited group, a person who is not a party in these Terms has no right to enforce any of these Terms.
26. GOVERNING LAW AND JURISDICTION
26.1. These Terms are governed by and shall be construed in accordance with the laws of Malta without regard to any choice or conflict of laws rules.
26.2. Any dispute, controversy, or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue which shall arise in virtue of these Terms, shall be referred to and finally settled by arbitration in terms of the UNCITRAL Rules of Arbitration in accordance with the provisions of Part V (International Arbitration) of the Arbitration Act (Chapter 387 of the Laws of Malta). Any arbitration commenced pursuant to this Clause shall take place in the English language. The number of arbitrators shall be one, to be appointed by agreement between the parties to the proceedings. Failing such agreement within fourteen (14) days from the due notification of a written request to concur in the appointment of the arbitrators, appointment shall take place by the Chairman of the Malta Arbitration Centre.
ADDENDUM 1 – Level Up Program Terms and Conditions
These Level Up Program Terms and Conditions (“Terms”) incorporate, and are a part of, the relevant Foris DAX Global Limited App and/or Web terms and conditions (“App T&Cs”) and Foris DAX Global Limited Visa/Mastercard Card terms and conditions (“Card T&Cs”), (together, the “Agreement”). Unless otherwise stated, defined terms used in these Terms shall have the same meanings given to them in the App T&Cs. In the event of any inconsistency between (a) the App T&Cs and/or the Card T&Cs and (b) these Terms with respect to the Program (as defined below), these Terms shall prevail; except for aspects relating to the application and/or usage of the App and/or the Foris DAX Global Limited Visa/Mastercard Card, in which case the respective App T&Cs and/or the Card T&Cs shall prevail.
General Provisions
1.1. Description of Service. The Level Up Program (“Program”) is a program within the Foris DAX Global Limited App Services which permits eligible Foris DAX Global Limited App users (“User”) to earn rewards and receive benefits associated with the application for and/or usage of the Program.
1.2. Optional and Voluntary Use. You are not required to lock up or stake your CRO in the Program and you can opt out of any Staking Services (as defined below) by unstaking your Staked CRO (as defined below) at any time subject to the relevant unbonding period and Holding Period (as defined below). The use of any other product offered by us or our Affiliates is not dependent on or determinative of your election to lock up or stake or otherwise use the Program. You are not obliged to purchase CRO on the Foris DAX Global Limited App, from us or any of our Affiliates, in order to lock up or stake your CRO for use in the Program. Before you begin staking, please note and understand the difference between unstaking and unbonding, and how your actions to unstake is dependent on the unbonding period put in place by the Supported Blockchain Network (as defined below). The unbonding period may be beyond our control and is distinct from and applies in addition to the Holding Period (as defined below) imposed by us. Use of the Program can be risky, and you should conduct your own due diligence and consult your advisors before making any decision regarding whether to use the Program.
1.3. Definitions.
a. “Cardholder” means a Foris DAX Global Limited App user who is a holder and user of the Foris DAX Global Limited Visa/Mastercard Card.
b. “CRO” means the native token of the Cronos POS chain.
c. “Level Up Tier” means the different Level Up Program tiers, each such tier will require User to lock up or stake a corresponding specified amount of CRO through Level Up Lock Up or Level Up Staking (as defined below) to be eligible for it, which will determine the corresponding Card Benefits, and other non-Card benefits, that User may receive at our sole discretion.
d. “POS” means Proof of Stake consensus mechanism.
e. “Program FAQs” means the Level Up FAQs available here, as applicable to Level Up Lock Up or Level Up Staking respectively, and as may be updated from time to time.
f. “Staking Service” means the online service that gives eligible User the option to engage in POS consensus mechanisms on the Supported Blockchain to secure the applicable network, by validating transactions propagated over the network.
g. “Supported Blockchain Network” means the Cronos POS chain.The Program
2.1. Level Up Lock Up. Level Up Lockup is available for customers who live in territories where the Staking Service is unavailable. To participate in the Program via Level Up Lockup, you agree to lock up the specified amount of CRO for the specified amount of time and meet certain eligibility criteria as set forth in the Level Up Lockup FAQ pages available in the Program FAQs.
2.2. Level Up Staking. Level Up Staking is only available for customers who live in territories where the Staking Service is available. In order to participate in the Program, you agree to stake the specified amount of CRO through the Staking Service required to be eligible for your preferred Level Up Tier, as specified in the Program FAQs (“Holding Period”), in accordance with these Terms (“Level Up Staking”). If you are an existing Foris DAX Global Limited Card holder with a Foris DAX Global Limited Card issued before 6 November 2024, please refer to these FAQs for the applicable Holding Period (180 days). By accessing or using the Staking Service, you understand and agree that we may engage our Affiliates and/or third-party service provider(s) (together, the “Staking Providers”) to facilitate the staking of the CRO on your behalf (“Staked CRO”), by acting as a transaction validator on the Supported Blockchain Network. For the avoidance of doubt, the Program and Staking Service are separate and distinct from the Foris DAX Global Limited App On-Chain Staking functionality made available by the relevant service provider. For further information regarding Foris DAX Global Limited App On-Chain Staking, please refer to the FAQs available here.
2.3. Validation Rewards. In return for securing the Supported Blockchain Network, the Supported Blockchain Network may provide transaction validators with a reward (“Validation Reward”). If the Staking Providers successfully validate a block of transactions in respect of your Staked CRO, you are entitled to an applicable portion of the Validation Reward in proportion to the amount of your Staked CRO (less any applicable fees). The Validation Rewards are granted by and determined by the protocol of the Supported Blockchain Network. You have no right to any Validation Reward in respect of the Staked CROs until it is generated (or unbonded as applicable) by the Supported Blockchain Network and disbursed to you via blockchain addresses facilitated by us. Depending on the Supported Blockchain, it may take time before your Staked CROs are eligible to participate in transaction validation and start receiving rewards.
2.4. Level Up Staking Rewards. We may, at our sole discretion, provide you with our approximated projection (“Estimated APR”) of the actual Validation Rewards you may be entitled to if the Staking Providers successfully validate a block of transactions in respect of your staked CRO, less a fee payable for the provision of the Foris DAX Global Limited Visa/Mastercard Card Services (and the Card Benefits corresponding to the applicable Level Up Tier, other than the Level Up Staking Rewards) (“Level Up Staking Rewards”), as expressly set out in the Program FAQs and which may be updated from time to time. Following the receipt of Validation Reward from the Supported Blockchain Network, if any, we shall (dependent on the Supported Blockchain Network and the terms of our agreement with any Staking Provider) facilitate the distribution of the Level Up Staking Rewards to you. You understand that the Estimated APR provided by us is purely an estimation of the Level Up Staking Rewards and is in no way a guarantee or confirmation that you will actually receive such Level Up Staking Rewards or such amount of Level Up Staking Rewards. You acknowledge that the Estimated APR and Level Up Staking Rewards, including the timing and frequency of Level Up Staking Rewards, may change over time and is dependent on the Supported Blockchain Network and the fee we may charge for providing you with the Services with respect to the Foris DAX Global Limited Visa/Mastercard Card and the Card Benefits, which is subject to change in our sole discretion. WE, OUR AFFILIATES, AND/OR THE STAKING PROVIDERS, DO NOT GUARANTEE THAT YOU WILL RECEIVE ANY LEVEL UP STAKING REWARDS, OR THE ESTIMATED APR. YOU ACKNOWLEDGE AND AGREE THAT WE, OUR AFFILIATES AND/OR THE STAKING PROVIDERS, ARE NOT LIABLE FOR ANY FAILURE BY THE SUPPORTED BLOCKCHAIN NETWORK OR OTHER THIRD PARTY IN DISBURSING ANY LEVEL UP STAKING REWARD.
2.5. Slashing. The Supported Blockchain Network may subject Staked CROs to “slashing” if the transaction validator representing those assets incorrectly validates or fails to validate a transaction. Slashing typically involves the reduction or confiscation of a validator’s assets as a consequence of their improper actions. As a result, there may be non-payment of Validation Rewards.
3. Rewards and the Staked CROs may be subject to a penalty. The Staking Providers will use reasonable skill, care, and diligence in delivering services, including in seeking to prevent any Staked CROs from slashing; however, in the event that slashing occurs, unless otherwise provided in this Agreement, we will have no obligation to replace your Staked CROs unless the penalties are the result of our failure to use reasonable skill, care, and diligence; we will not be obliged to replace your Staked CROs if slashing occurs as a result of (i) your acts or omissions; (ii) maintenance of the Supported Blockchain Network, bugs, errors; (iii) acts by a hacker or other malicious actor; or (iv) Force Majeure Events. You acknowledge and agree that slashing may result in partial or total loss of your Staked CROs and applicable portion of the Validation Rewards, which will result in us being unable to distribute a portion or the entire amount of Level Up Staking Rewards to you.
4. 2.6. Redemption and Unbonding Period. You may request to unstake your Staked CROs at any time after the Holding Period. Upon receipt of your request, we will initiate the unstaking process as soon as practicable and in any case without undue delay. You acknowledge that your unstaking request is irrevocable and that you forfeit any Validation Rewards which, at the point of the unstaking request, have not been distributed by the protocol of the Supported Blockchain Network, and therefore you forfeit the resulting Level Up Staking Rewards. You acknowledge and agree that the redemption of or access to Staked CROs may be delayed as a result of the full waiting period imposed by the Supported Blockchain or due to network conditions of the Supported Blockchain Network.
5. 2.7. Governance and Voting. The underlying protocol of the Supported Blockchain Network may offer stakers the ability to vote on matters related to the governance of protocol-level issues. You agree that Staking Providers have no obligation to support any governance or voting in respect of your Staked CROs, and further that in certain cases, Staking Providers may vote on your behalf e.g., where Staking Providers or the applicable protocol does not support delegated voting.
6. 2.8. Card Benefits. In return for your use of the Program by engaging in Level Up Staking, we may award you with certain purchase rebates, cashback rewards and/or other benefits associated with our Affiliates’ products and services corresponding with your Level Up Tier as set out in the Program FAQs, in addition to the Level Up Staking Rewards (together, the “Card Benefits”). If you request to unstake your Staked CROs, you will stop receiving the Card Benefits immediately. If for any reason the Card Benefits, or any part of a Card Benefit, is unavailable or a Card Benefit or related event is delayed, cancelled or postponed, or for any other reason, Foris DAX Global Limited reserves the right to modify the Program and the Card Benefits in its sole discretion. No substitution, transfer, assignment or cash equivalent of the Card Benefit or any portion thereof, is permitted by the User. Foris DAX Global Limited and its Affiliates shall have no responsibility or obligation to a User who is unable or unavailable to, or who does not for any reason, accept or utilize a Card Benefit. All costs and expenses not specifically listed above as part of the Card Benefit are solely the User’s responsibility.
7. 3. Our Rights. Foris DAX Global Limited shall have the sole discretion to cancel, terminate, suspend, modify or replace the Program or any aspect of the Program (including the Level Up Staking Rewards and/or Card Benefits) at any time, without prior notice to you and for any reason, including, but not limited to, if the Program is not capable of running as planned which in our sole determination corrupts or affects the administration, security, fairness, integrity or proper conduct of the Program or for any regulatory or legal reasons. In the event of such cancellation, termination, suspension, modification or replacement, we shall use reasonable endeavours to facilitate the return to you your Staked CROs.
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