WIREX DUO TERMS AND CONDITIONS

Region: EEA & Switzerland

Upd: Oct 10, 2022

 

1. WELCOME

 

These Wirex DUO Terms and Conditions (“Terms” or “T&Cs”) govern the relations between you (“you”) and Wirex Digital d.o.o a company incorporated under the laws of Croatia, registered company number 081397185, which including any holding company, subsidiary or entity belonging to the Wirex group of companies (“Wirex” or “we”), while you and Wirex are hereinafter separately referred to as “Party” and jointly - as “Parties”, in regard to your use of cryptocurrency credit facilities granted by Wirex, and constitute a legally binding agreement (“Agreement”) between the Parties.  

 

Certain services offered through the Wirex  App may be governed by separate terms and conditions. You acknowledge and agree that by accessing and using such services, you agree to be bound by such separate terms and conditions.  

 

YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF THE WIREX DUO PRODUCT OR ANY OF THE OTHER WIREX SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE THE WIREX DUO PRODUCT OR ANY OF THE OTHER WIREX SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE. 

 

2. DEFINITIONS  

 

“Affiliate” 

means a corporation directly or indirectly, controlling, controlled by or under direct or indirect common control with another corporation;  

 

“Applicable Law” 

means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;  

 

“Business Day(s)” 

means any day except any Saturday, Sunday or public holiday which banking institutions are open for normal business activities in Croatia; 

 

  
Digital Asset(s)” 

means any digital assets (such as cryptocurrencies, stablecoins and tokenised assets, including Wirex Tokens), accepted and supported by Wirex on the Wirex App, and subject to revision, prohibitions and limitations at any time;  

 

“Event of Default” 

 

any event or circumstance specified as such in clause 7; 
Force Majeure Event” 

means an event or failure which is beyond our reasonable control including (i) Acts of God, nature, court or government; (ii) failure or interruption in public or private telecommunication networks, Third-Party Blockchain Networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labour disputes, wars, terrorist acts and riots; (vi) viruses, malware, other malicious computer codes or the hacking of any part of the Wirex App and related applications or software;  

 

Interest” means the indicated interest rate accrued in accordance with these Terms and subject to revision at any time; 
Intellectual Property Rights” 

patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. 

 

Personal Data” 

means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;  

 

Prohibited Countries” 

means the countries or jurisdictions subject to prohibitions or restrictions on accessing or using the Wirex App and are as follows: any of the following: Afghanistan, the Democratic People’s Republic of Korea, Democratic Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Sudan, Yemen, Iraq, Iran, Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, Lebanon or any other country which (or with any other persons who) is sanctioned by the United Nations Security Council, or under applicable laws of your country of residence; 

 

Taxes” 

means any taxes, duties or fees that incurred, or required to be collected, paid or withheld for any reason in connection with your use of the Wirex App under any Applicable Law;  

 

Wirex”  

Wirex Digital d.o.o a company incorporated under the laws of Croatia, registered company number 081397185 and whose registered office is Slavonska avenija 1C, Zagreb, Croatia; 

  

Wirex Account” 

means a personal account, opened with Wirex, through which you can use the Wirex DUO and other Wirex services; 

 

Wirex App” 

means the Wirex mobile application including the content and services made available on or through the same, and any updates, upgrades and versions thereof; and  

 

Wirex DUO” 

means the product feature within the Wirex App relating to the User executing the Wirex DUO Transactions with any accepted Digital Assets under this Agreement. 

 

Wirex DUO Transactions” means the deposit of any Digital Assets into the Wirex DUO for the return of the agreed value of the originally deposited Digital Assets or the alternative Digital Assets plus the agreed premium for the relevant period of time between the initial deposit and the end date for return by Wirex of the agreed Digital Assets at the agreed converted amount.  

 

Unless stated otherwise, references shall be made to the Wirex General Terms and Conditions (current version as available under https://wirexapp.com/legal) and all the defined terms, used in these Terms, shall have the same meaning as the one given to them in the Wirex General Terms and Conditions, as the case may be. 

 

3. ONBOARDING AND RESTRICTIONS   

By entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out hereinafter: (i) you are at least eighteen (18) years of age; (ii) you have the full right, power, and authority to agree to these Terms; (iii) you are not resident or a Tax resident of, and do not otherwise have any relevant connection with, any Prohibited Countries; (iv) 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 is unlawful or restricted in any way or requires licensing, registration or approval of any kind; (v) you are not impersonating any other person, operating under an alias or otherwise concealing your identity; (vi) you are not located in, under the control of, or a national, citizen or resident of any Prohibited Countries; (vii) you will not use the Wirex App if any applicable laws in your country prohibit you from doing so in accordance with these Terms; (viii) 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.  

In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, at our sole discretion and with any necessary prior notice, we may suspend the provision of the Wirex Services to you and close your Wirex Account, and not allow you to use the Wirex Services. 

At any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request of a Wirex DUO Transaction; (ii) change the conditions for entering into the Agreement or use of the Wirex DUO feature; (iii) suspend the provision of the Wirex DUO or of all or part of the of the Wirex Services; or (iv) change, update, remove, cancel, suspend, disable or discontinue any features, component, content, fees, or incentive of the Wirex DUO. 

4. TRANSACTIONS  

You hereby instruct Wirex to use the amount of Digital Assets indicated in the Wirex DUO and selected prior to clicking “Start Earning” when using the Wirex DUO service for the purpose of entering into Wirex DUO Transactions on your behalf in accordance with the terms set out in these Terms.  

Orders given by you to be executed when using the Wirex DUO are sent to Wirex through the Wirex App according to the specifications provided in the Terms.  

You acknowledge and agree that the possible delays of unforeseeable duration which may occur, depending on the transmission method, between the moment you issue the order via the Wirex App and the moment Wirex App provides notification of acceptance. Wirex is not liable for any such delay if Wirex has not accepted the order according to these Terms.  

Wirex reserves the right, at any time, not to accept a Wirex DUO Transaction sent by you. In such cases, the Wirex is to inform you as soon as possible.  

You warrant and accept that the receipt of an Wirex DUO Transaction via the Wirex App does not guarantee that it will be carried out by Wirex until confirmation is provided via the Wirex App.  

If an Wirex DUO Transaction cannot be accepted by Wirex through the Wirex App, Wirex will inform you as soon as possible. Wirex DUO Transactions which cannot be transmitted through the Wirex App are considered to have expired. In such an event, you are responsible for issuing a new Wirex DUO Transaction. 

 

5. DIGITAL ASSETS  

a. You consent that Wirex may use your Digital Assets on your behalf for the purpose of the Wirex DUO Transaction when you use the Wirex DUO feature of the Wirex App.  

b. You accept that any fiat currencies you request Wirex to use in the Wirex DUO feature are converted to stable coins by Wirex prior to accepting any Wirex DUO Transaction and remain as Digital Assets at all stages of every Wirex DUO Transaction.  

c. By clicking “[Start Now]”, you are instructing Wirex to execute the Wirex DUO Transactions on your behalf to carry out a set of conversions operations to effect the Wirex DUO Transaction as indicated to you in the Wirex App.  

d. You accept that as part of the Wirex DUO Transaction, Wirex shall deliver the Digital Assets as disclosed to you in the Wirex App to you and an amount of premium (referred to as “interest” in the Wirex App).  

e. You consent that by making use of the Wirex App, you are instructing Wirex to carry out the Wirex DUO Transaction on a best efforts basis.  

 

6. OBLIGATIONS AND WARRANTIES  

You hereby declare, warrant and confirm that: 

a. You meet the conditions as set out in clause 3 of this Agreement; 

b. You are the exclusive owner of the Digital Assets to be used as in the Wirex DUO Transaction; 

c. You validly undertake any action or enter into any transaction with regard to the Agreement; 

d. The Digital Assets, which you have provided or will provide, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction; 

e. You have submitted to Wirex only complete, correct and up-to-date information and documents; 

f. You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Wirex shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of our service, for which Wirex shall not be held liable. You shall hold Wirex harmless from any expenses and losses, resulting from the above uncertainty; 

g. You are aware that you use the Wirex Account and the Wirex DUO fully at your own risk. 

 

You hereby undertake to: 

a. Use the Wirex DUO and the other Wirex Services in good faith; 

b. Not violate or breach any terms in these Terms, the General Terms, or any Applicable Law in any relevant jurisdiction; 

c. Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities; 

d. Not provide false, inaccurate, incomplete, out-of-date or misleading information; 

e. Not interfere, intercept, or expropriate our network, system, data, or information; 

f. Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users accounts, website, network or systems relating to the Wirex Services; 

g. Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe our Intellectual Property Rights; 

h. Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products; or unduly burdening or hindering the operation and/or functionality of any aspect of the Wirex DUO; 

i. Keep the data required for using the Wirex Account unavailable for third parties; 

j. Inform Wirex about any change in the information and documents submitted to Wirex, in particular in your contact details, within 1 (one) day as of the change. 

 

7. DEFAULT AND INDEMNIFICATION  

The occurrence of one of the following events constitutes an Event of Default: 

a. You breach one of your obligations or warranties under these Terms, including but not limited to any obligation to pay any amount whatsoever (principal, Interest or other) to Wirex in respect of the Wirex DUO; 

b. You are unable to pay your debts as they come due, enter into an agreement or arrangement with your creditors related to the restructuring of your debts, or is the subject of any measures to have you declared bankrupt or to appoint a curator, administrator, trustee or liquidator; 

c. It is or becomes illegal for you to perform your obligations under this Agreement; or 

d. Wirex is unable to contact you in accordance with your most recent instructions for sending correspondence. 

 

In case of an Event of Default, Wirex is entitled: 

a. To terminate the Wirex DUO and/or this Agreement with immediate effect; 

b. To declare immediately repayable any amount due in respect of the Wirex DUO Transactions, as well as any fees due and any other amount due in respect of the Wirex DUO Transaction; and/or 

c. In general, to take any action it deems necessary in accordance with the Applicable Law to protect its interests. 

 

You shall defend, indemnify, and hold harmless Wirex, its affiliates, each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these Terms or your use of the Wirex DUO or any of the other Wirex Services in violation to these Terms or any Applicable Law. 

 

8. RISK DISCLOSURE  

The regulatory status of the Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. It is possible that in the future, certain laws, regulations, policies or rules relating to the Digital Assets or blockchain technology, may be implemented, which would directly or indirectly affect or restrict Wirex DUO or any of the other Wirex Services. 

We may be forced to suspend or discontinue or to change aspects of the Wirex DUO or any of the other Wirex Services in any jurisdictions if demanded by the regulators or Applicable Law, without notice and for whatever reason. In such case the Digital Assets in your Wirex Account may be frozen for an indefinite period of time until the matter is resolved. 

Wirex shall not be liable for any delay, error, interruption or failure to perform any obligation under these Terms, where the delay or failure is directly or indirectly resulting from any cause beyond our control, including but not limited to: (i) acts of God, nature, court or government; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third-party services; (v) strikes, lockouts, labour disputes, wars, terrorist acts and riots. 

You understand and agree that you use the Wirex Account and the Wirex DUO at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Wirex DUO and any of the other Wirex Services. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources. 

 

9. LIMITATION OF SERVICES / TERMINATION / ACCOUNT CLOSURE

To the extent permitted by Applicable Law, we or Wirex may at any time and without liability to, terminate, suspend or limit your use or any functionality of the Wirex App and/or Account (such suspension or termination shall be determined by Wirex), under the following circumstances:  

 

a. in the event of any breach by you of these Terms and any other terms and conditions referred to in these Terms; (b) for the purposes of complying with Applicable Laws or the prevention of criminal activities; (c) where we and/or Wirex suspects that you conduct any fraudulent or unlawful activities (including but not limited to money laundering, terrorism financing and fraudulent activities); (d) where we are required to do so to comply with a court order, law, regulation, regulatory decree or ombudsman’s orders; or (e) where we and/or Wirex determine, in our sole discretion, that your use of your Wirex App and/or Account is detrimental or harmful to us and/or Wirex in any manner; or (f) it transpires that you have provided false, inaccurate, incomplete or misleading information; you fail to provide the required information for the ongoing due diligence process; or (g) to remedy the effects of any defect in or compromise to any information system upon which we and/or Wirex relies on; or (h) where you have been declared bankrupt; or (i) where you have been declared deceased. 

 

b. If at any time you do not feel that you can agree to these Terms or any changes made to the Wirex App or your Wirex Account, you must immediately stop using and close your Wirex Account. You can close your Wirex Account at any time by withdrawing your funds and Digital Assets from your Wirex Account. 

 

c. You will also lose your access to your Wirex Account if you terminate your use of the Wirex App or if we decide to withdraw the Wirex App altogether (in which case we'll give you two months' notice). You will not be entitled to any refund of fees for use of the Wirex App or Wirex Account (if any) or any other fees.  

 

10. DATA PROTECTION  

By using the Wirex App, you confirm that you have read and accepted our Privacy Notice and understand how we and/or Wirex collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorised service providers and relevant third parties. 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://wirexapp.com/privacy-data-retention  

 

11. ELECTRONIC COMMUNICATIONS  

You shall accept full responsibility for the security and authenticity of all instructions you have entered in your Wirex App and you shall be bound by all such instructions. You are aware that these instructions and information transmitted via the Wirex App are generally transmitted via the Internet and You acknowledge and agree that in the event of any dispute arising in connection with your use of the Wirex App , our records of such instructions shall prevail. 

 

12. GENERAL DISCLAIMER  

You acknowledge and agree that by confirming the sending of your Digital Assets you have checked and confirm that the recipient wallet address supports the type of cryptocurrency or token you are sending, is compatible with the token standard of the cryptocurrency or token you are sending, is a valid address, and is the correct recipient address.  

 

13. LIMITATION OF LIABILITY  

 

NOTWITHSTANDING ANY PROVISIONS IN THESE TERMS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UNLESS SUCH DAMAGE IS COMMITTED WITH INTENT OR GROSS NEGLIGENCE OF EITHER PARTY. 

 

Neither we nor any of our agents or nominees shall be liable for: (i) the management or performance of your Digital Assets (including any reduction in the value); and (ii) any taxes or duties payable in respect of your Digital Assets. 

 

Except as expressly provided in these Terms, to the extent permitted by any Applicable 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 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 Wirex services under these Terms. 

 

IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE WIREX SUBSCRIPTION EXCEED THE FEES YOU PAID TO WIREX FOR YOUR USE OF THE WIREX 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 ANY APPLICABLE LAW. 

 

14. NO INVESTMENT OR FINANCIAL CREDIT ADVICE 

We do not provide any type of investment or financial credit advice. We may provide information concerning types of currencies and digital payment tokens, prices and events that may have influenced prices, all of which should not be considered investment advice. If you require investment advice you should contact a financial advisor. You are solely responsible for how you use our services and the financial results of your actions. 

 

15. TAXES  

It is your sole responsibility to determine whether, and to what extent, any Taxes apply to your use of the Wirex App, and to withhold, collect, report and remit the correct amounts of such Taxes to the appropriate tax authorities. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.  

 

16. AMENDMENT AND VARIATION  

These Terms may from time to time be updated or amended, and we will post any such updates on the Site. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check the 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 Wirex App without prior notice. By continuing to use the Wirex App after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms.   If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the Wirex App and immediately and inform Wirex via email at supportescalations@wirexapp.com 

 

17. TRANSFER, ASSIGNMENT OR DELEGATION  

These Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice.  

 

18. SEVERABILITY  

If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.  

 

19. ENTIRE AGREEMENT  

These Terms constitute the entire agreement between the parties with regard to its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, whether oral or in writing, express or implied. Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms or at locations which these Terms explicitly refer or direct to. 

 

20. WAIVER  

These Terms shall not be waived in whole or in part except where agreed by all parties in writing. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.  

 

21. NOTICES AND COMMUNICATIONS  

By using the Wirex App, you agree that we or Wirex may provide you with any notices or other communications, including marketing, relating to your use of the Wirex App electronically: (a) via email (in each case to the address that you provide), or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.  

 

22. THIRD PARTY RIGHTS  

A person who is not a party to these Terms has no right to enforce any of these Terms to the fullest extent permitted by any Applicable law.  

 

23. GOVERNING LAW AND DISPUTE RESOLUTION  

These Terms are governed by Croatian law. The Croatian courts will have exclusive jurisdiction over any dispute arising from or related to your use of Wirex DUO and the associated Wirex Services. You explicitly undertake to raise a written complaint with us and follow the steps outlined in Section 21 of the Terms before any dispute may be raised in a court of law, in order to attempt reaching an amicable settlement.