Wirex Cryptoassets Terms

地区: Asia Pacific

legal.upd: May 18, 2020

1. When These Terms Apply

These terms apply to you when you buy or sell digital payment tokens (“DPTs”) through the Wirex Service. You should read and understand them before you transact with DPTs through the Wirex Service.

These terms, combined with the Wirex General Terms of Service and any other documents referred to in these terms (the "Cryptoasset Terms"), set out the legal agreement between:

You, as the Wirex user; and

The Wirex company that provides you with access to the Wirex Service and your Wirex Profile, as identified in the Wirex General Terms of Service above ("Wirex", or “we”, “our”, or “us”).

Capitalised terms defined in the Wirex General Terms of Service (the "Terms") have the same meanings when they are used in these Cryptoasset Terms.

2. Warnings about Dealing in DPTs

DPTs involve significant risk. Prices of DPTs are extremely volatile and change constantly. Most DPTs are not issued by a central authority and are largely unregulated in most jurisdictions.

Do not buy DPTs if you do accept the risks associated with DPTs, including the risk that the value of DPTs may fall significantly or the risk that changes in regulation may prevent you from dealing in DPTs in the future.

3. Buying and Selling DPTs

The DPTs you can buy through the Wirex Service may vary depending on where you are ordinarily resident. You can view the available DPTs that you can buy through the Wirex Service and their current price when you log in to your Wirex Profile.

To buy DPTs, indicate what type of DPTs you want to buy, how much, and confirm the total price that you will pay in respect of these DPTs.

Once you tell us these details, we'll buy the DPTs at an exchange on your behalf. You can view what DPTs we hold on your behalf and their current value on your Wirex Profile.

To sell DPTs in exchange for other types of DPTs or fiat, you will need to select the DPTs you wish to sell and input how much you want to sell using the applicable functionality on the Wirex Service.

We'll give you a quote of current rates at which you can sell the relevant DPTs, and ask you to confirm the sell order. You'll then need to send the DPTs to the wallet address specified on your Wirex Profile for the corresponding DPTs. Make sure you are using the right address for the right type of DPTs. Sending DPTs to the wrong address may result in a loss of your DPTs and we will be unable to retrieve them for you.

Sometimes, we may not be able to process your order or may refuse your order for a number of reasons, such as exchange unavailability or market conditions. If this occurs, we'll tell you and you'll be asked to place a new order.

We will notify you if we have been able to action your request to purchase the DPTs by updating your Wirex Profile.

4. Storage of DPTs

When you ask us to buy DPTs on your behalf through the Wirex Service, we will store the DPTs in pooled crypto wallets created and maintained by our third-party wallet custodian or by us.

If you have supported DPTs in another crypto wallet, you can manage those DPTs through the Wirex Service by transferring the DPTs to the address for that type of DPT as set out on your Wirex Profile.

We may convert DPTs held in pooled accounts into fiat and other DPTs as required, for example to comply with law enforcement requests or to ensure day-to-day liquidity. This will not affect your ability to withdraw any DPTs that we hold on your behalf.

5. Transfers and Spending

You can ask us to transfer any DPTs that we hold on your behalf to a crypto wallet nominated by you using the applicable functionality on the Wirex Service. Please refer to (https://wirexapp.com/help) for instructions on how to do this for different types of DPTs.

If you transfer DPTs to a different crypto wallet that is not managed by us, you will no longer be able to manage those DPTs through the Wirex Service.

You must make sure the details and address of the crypto wallet that you provide to us when you withdraw any DPTs are correct. You will not be able to reverse a transfer of DPTs that you have initiated through the Wirex Service. Transferring DPTs to the wrong address could mean that those DPTs will be permanently lost.

You can also spend DPTs through your Wirex Multicurrency Account or your Wirex Card by converting them to fiat currencies, where available. We will determine the applicable conversion rate from time to time using the over the counter and exchange rates available to us. The applicable rate will be displayed to you on your Wirex Profile.

6. Fees and Limits

We will charge you fees in respect of any DPT transactions that you enter into through the Wirex Service, as set out in our fees section (https://wirexapp.com/fees-and-limits). We'll also show you what fees apply before you make the transaction. Fees are paid in the DPT you are transacting in.

Limits apply to the amount of DPTs you can buy. You can find these limits when you log into your Wirex Profile.

7. WXT

You may use our native WXT Token to earn discounts and other rewards. See our website for more information. (https://wirexapp.com/wirex-token)

8. Availability of the DPT Services

While we do our best to ensure that all the features and functionalities of the Wirex Service are of a reasonably satisfactory standard, the DPT features of the Wirex Service may rely on networks and connections that are beyond our control, such as third party DPT exchange platforms that we use to buy or sell DPT.

We do not control these third party platforms and cannot guarantee that all the DPT functionalities of the Wirex Service will be available all the time, or that we will be able to buy your DPTs at the time of your request.

The prices of DPTs can change very quickly, and we cannot guarantee that the value of the DPT you instruct us to buy or sell on your behalf through the Wirex Service will be the same price as displayed to you through the Wirex Service when you initiate the transaction. If this happens, we will ask you to confirm whether you would like to proceed with the transaction at the updated price.

In order to prevent money laundering, you will not be able to transfer DPTs you have bought through the Wirex Service to anyone that is not a Wirex user or to another wallet that you use outside of the Wirex Service for a period of 5 days after you have purchased them.

We may also suspend the DPT functionalities of the Wirex Service for maintenance and will give you notice of this where possible.

9. DPTs Forks

Sometimes DPTs fork and a new version of the DPT is created. When this occurs we will coordinate with our exchange partners to determine the best approach for Wirex users. This approach will be made in our sole discretion and we'll inform you of this approach. More information about forks can be found in our FAQs (https://wirexapp.com/help/article/what-is-a-cryptocurrency-fork-and-how-does-wirex-address-this-0024).

10. Restrictions on using this Service

To use the DPT functionalities of the Wirex Service, you must:

  • have created a Wirex Profile in accordance with the Wirex General Terms of Service;
  • not be a resident of a country which prohibits the purchase, sale, or custody of DPTs;
  • not use the DPT functionalities of the Wirex Service to violate the general prohibitions regarding your Wirex Profile listed in the General Terms above (Paragraph 13);
  • not use the DPT functionalities to manipulate the DPT market;
  • not use the DPT functionalities for FX arbitrage;
  • not use the DPT functionalities for any unlawful purpose;
  • not circumvent or interfere with our security features;
  • be familiar with the technology of DPTs and know how to make transactions with DPTs; and
  • be familiar with the risks of DPTs.

We monitor all transactions for compliance with our terms and to identify suspicious transactions.

11. DPT Risks

Trading in DPTs can be very risky as the price of DPTs can change rapidly. We cannot guarantee that the price of any DPT will not rise or fall. You therefore buy and sell DPTs at your own risk.

DPTs are relatively new and unregulated in many countries and their regulatory status could change. If you are in a country where buying and selling DPTs becomes illegal, your service may be suspended and you may lose any rights you may have to the DPTs we store on your behalf. You should make sure you are able to buy and sell DPTs lawfully wherever you are located.

You are responsible for paying any taxes owed as a result of buying and selling DPTs through our service. If you do not pay tax or report your assets to your tax authority, you may face fines or other penalties.

Due to the nature of the Internet and technology, the DPT functionalities of the Wirex Service are provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the DPT functionalities of the Wirex Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the DPT functionalities of the Wirex Service. To the extent we are able to do so, we exclude any commitments that may be implied by law.

We will also not be responsible for any events outside our control, such as market conditions or regulatory actions that affect the purchase and sale of DPTs in any jurisdiction.

Our responsibility to you will, in any event, be limited to any amounts you have paid us in the twelve (12) months leading up to any claim and, in the event you have not paid us anything, we shall not be responsible to you for any claim arising out of the provision of the DPT functionalities of the Wirex Service.

In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable, or that is caused by a failure by you to comply with these Cryptoasset Terms.

13. How to End Our Relationship

If you feel at any point that you are unable to agree to these Cryptoasset Terms, you can cancel your use of the DPT functionalities of the Wirex Service by contacting us at supportescalations@wirexapp.com or via the Help Center in the App.

If you do so, you will not be able to use the DPT functionalities of the Wirex Service. This will not affect any existing obligation you may have to pay any amounts to us. It will also not affect your ability to use the other functionalities of the Wirex Service.

14. DPT Functionality Termination by Wirex

We may decide to terminate or suspend your access to the DPT functionalities of the Wirex Service if you fail to comply with any of these Cryptoasset Terms. We will usually notify you if this is the case unless we are prohibited from doing so by law.

We may also terminate your access to the DPT functionalities of the Wirex Service if we decide to withdraw the DPT functionalities of the Wirex Service. We'll give you two months' notice if we do this.

When you or we decide to end your use of the DPT functionalities of the Wirex Service, we'll sell all of your DPTs and transfer the balance from the sale to your Wirex Multicurrency Account where available, unless we are prohibited from doing so by law or if we are unable to verify your identity.

15. General

Complaints: Just let us know about any complaints by contacting us at supportescalations@wirexapp.com and we'll try to sort out any issues you may have.

Law: Singapore law applies to all disputes and the interpretation of these Cryptoasset Terms.

Unenforceable terms: If any part of these Cryptoasset Terms cannot be enforced then the remainder of the Cryptoasset Terms will still apply to our relationship.

Jurisdiction: Singaporean courts will have non-exclusive jurisdiction over these terms. This does not affect any rights you may have under the law of the country where you are resident, including (where applicable) your ability to your ability to seek remedies through your local courts.

Assignment: You may not assign or transfer any of your rights or obligations from these Terms. We may assign or transfer some or all of our rights as required by us or as required by law.

No Waiver of Rights: Where we don't enforce our rights or delay in enforcing any rights, legal or contractual, this will not be construed as a waiver of those rights, and we may enforce those rights at any time.