Upd: Jan 21, 2024
Wirex makes available a service, through the Wirex Service, that allows you to invest and earn a premium on the cryptoassets managed through your Wirex Profile (the "Wirex DUO Service").
These terms apply to your use of the Wirex DUO Service. It is important that you read this document and any documents referred to within it (the "Wirex DUO Terms") alongside our General Terms and Cryptoasset Terms, as they set out additional terms that apply to your relationship with us when you access and use the Wirex DUO Service and form the legal agreement between:
You, as the Wirex user; and Wirex Digital Services s.r.l., a company incorporated under the laws of Italy and the Wirex company identified in paragraph 3 of the General Terms ("Wirex", "we", "our", or "us").
Please ensure that you have read and understand these Wirex DUO Terms before using or accessing the Wirex DUO Service.
Capitalised terms defined in the General Terms shall have the same meanings when they are used in these Wirex DUO Terms.
The Wirex DUO Service allows you to invest and receive a premium on cryptoassets only. Holding and dealing in cryptoassets can involve significant risk. Before using the Wirex DUO Service, you should ensure that you understand the risks associated with cryptoassets.
Cryptoassets are unregulated in many jurisdictions and their regulatory status can change. If you are in a country where buying and selling cryptoassets becomes illegal, your service may be suspended and you may lose any rights you may have to the cryptoassets we store on your behalf. You should make sure you are able to buy and sell cryptoassets lawfully wherever you are located.
Cryptoasset markets can be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your cryptoassets. The value of the cryptoassets that you manage through your Wirex Profile can therefore change rapidly.
Wirex is not regulated by the Financial Conduct Authority or any other regulators in relation to the provision of the Wirex DUO Service or the crypto features of the Wirex Service. Cryptoassets are therefore not subject to the protections offered to checking, savings, bank or deposit accounts with a bank. Your cryptoassets are not covered by insurance against loss or by any banking protections, such as the UK Financial Services Compensation Scheme or the FDIC Deposit Insurance Scheme.
You should carefully assess whether your financial situation and risk tolerance is suitable for buying, selling or holding cryptoassets, including the possibility that the cryptoassets you hold lose all of their value or that you are unable to exchange or sell those cryptoassets.
Do not buy or hold cryptoassets if you do not accept the risks associated with cryptoassets, including the risk that the value of cryptoassets may fall significantly or the risk that changes in regulation may prevent you from dealing in cryptoassets in the future.
You must have registered with us and set up a profile on the Wirex Service (your "Wirex Profile") in accordance with the General Terms to use the Wirex DUO Service. You may not use the Wirex DUO Service if:
You can set up a transaction on the Wirex DUO Service (a "DUO Transaction") using the applicable functionalities of the Wirex Service. To set up a DUO Transaction, you will need to:
All DUO Transactions are subject to acceptance by us. We will notify you by either push notification, within the Wirex Service, or by email, whichever we deem best, to confirm acceptance or otherwise confirm to you in writing when we have agreed to perform the DUO Transaction you have set up. The contract between you and us in respect of this DUO Transaction will only be made when we send you this confirmation of acceptance.
By setting up and confirming that you wish to proceed with a DUO Transaction, you:
All DUO Transactions that you set up are subject to the availability of trades between the cryptocurrencies in the applicable Crypto Pair. We will inform you as soon as possible after you set up a DUO Transaction if, for any reason, we are unable to fulfil a DUO Transaction or the DUO Transaction will be delayed.
At the end of the Tenor selected by you we will transfer to you your Deposit Amount together with the premium displayed to you when you set up your DUO Transaction (the "Premium") in either the Origin Cryptocurrency or the other cryptocurrency in your selected Crypto Pair, whichever is trading at a lower value (in US Dollars) at the time your Tenor expires.
You are solely responsible for any taxes owed on the Premium paid to you. If you do not pay tax or report your earnings to your tax authority, you may face fines or other penalties.
If at any time you do not feel that you can agree to these Wirex DUO Terms or any changes made to the Wirex DUO Terms, you must immediately stop using the Wirex DUO Service.
You will also lose your right to use the Wirex DUO Service if:
If you or we terminate your access to the Wirex DUO Service while you have pending or unexpired DUO Transactions:
We may also, however, suspend your use of the Wirex DUO Service, and withhold the payment of any Premiums or repayment of any Deposit Amounts:
We will normally notify you if we suspend or terminate your use of the Wirex DUO Service as set out in this clause; however, there may be circumstances where we are prohibited from doing so under applicable law.
We will not be responsible to you for any losses that you suffer as a result of our termination or suspension of your use of the Wirex DUO Service as set out in this paragraph, unless:
We may also terminate your use of the Wirex DUO Service at any time by giving you 2 months' notice.
Nothing in this paragraph 8 affects any legal rights you may have under the law of the country in which you are resident.
We do our best to ensure that:
However, due to the nature of the Internet and technology in general, the Wirex DUO Service may be unavailable if we need to undertake any emergency or scheduled maintenance on our systems. This means that we are unable to promise that your use of and access to the Wirex DUO Service will always be uninterrupted, without delays, error-free or meet your expectations. We will notify you of any planned outages; however, we may not be able to do this if any outages are caused by circumstances outside of our control. To the extent we are able to do so, we exclude any commitments that may be implied by law.
In every case, we will never be responsible for any loss or damage that:
The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you if we deliberately breach our commitments in these Wirex DUO Terms.
We may revise these Wirex DUO Terms from time to time but the most current version will always be at https://wirexapp.com/eea/en/legal.
Changes will usually occur because of new features being added to the Wirex DUO Service, changes in the law or where we need to clarify our position on something.
Where possible, we will notify you at least one week in advance of the date of these changes. If you do not agree to the changes, you must stop using Wirex DUO Service before the changes to the Wirex DUO Terms take effect.
Certain changes may occur immediately and without notice. This may happen when we are required to make changes by law, or where we make minor changes to these Wirex DUO Terms that do not impact your rights and remedies or our obligations. When such changes occur, we will notify you as soon as reasonably practicable.
Any changes to the Wirex DUO Terms will not affect any past or pending DUO Transactions that you have set up and we have accepted as set out in paragraph 4 above.
We hope you enjoy your use of the Wirex DUO Service. If, however, you have a complaint or dispute with us relating to the Wirex DUO Service, in the first instance please contact us at firstname.lastname@example.org so that we can try to resolve the dispute informally.
In the unlikely event that we have not been able to resolve a dispute informally, we will then discuss and agree with you the most effective way of resolving our dispute
English law will apply to these Wirex DUO Terms, including all disputes and the interpretation of these Wirex DUO Terms. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Wirex DUO Service. This does not affect your rights under the law of the country in which you are resident, including (where applicable) your right to have a dispute in relation to your use of the Wirex DUO Service heard in the courts of that country.
The current version of the Wirex DUO Terms contains the only terms and conditions that apply to our relationship with you.
We intend to rely on these Wirex DUO Terms as setting out the written terms of our agreement with you for the provision of the Wirex DUO Service. If part of the Wirex DUO Terms cannot be enforced then the remainder of the Wirex DUO Terms will still apply to our relationship.
If you do not comply with these Wirex DUO Terms and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.