Upd: Jan 21, 2024
These Wirex Crypto Credit Terms and Conditions (“Terms” or “T&Cs”) govern the relations between you (“you”) and 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 CRYPTO CREDIT OR ANY OF THE OTHER WIREX SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE THE WIREX CRYPTO CREDIT OR ANY OF THE OTHER WIREX SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.
| “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 this 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 Italy; |
| “Collateral” | means clause 4; |
| “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 10; |
| “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. |
| “LTV” | means clause 4; |
| “LTV Threshold” | means that the loan-to-value ratio shall not exceed a certain percentage of the Wirex Crypto Credit which is accessible at https://wirexapp.com/help/article/wirex-credit-line-liquidation-risks-and-precautions-1369. |
| “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 Services s.r.l. is a company incorporated under the laws of Italy, registered company number (MI - 2689156) and whose registered office is in via Larga 15, Milan, Italy, registered as a Virtual Asset Service Provider (VASP) at the no. PSV108, of the register kept by the OAM (Organismo Agenti e Mediatori). |
| “Wirex Account” | means a personal account, opened with Wirex, through which you can use the Wirex Crypto Credit 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 Crypto Credit” | means any Digital Assets credit facility granted by Wirex and the total amount of the credit due by you to Wirex any time until its full repayment, including the principal, the Interest and any fees due to Wirex under this Agreement. |
Unless stated otherwise, references shall be made to the Wirex General Terms and Conditions 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.
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, we may suspend the provision of the Wirex Services to you and close your Wirex Account, and do 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 for granting of a Wirex Crypto Credit; (ii) change the conditions for entering into the Agreement or use of the Wirex Crypto Credit; (iii) suspend the provision of the Wirex Crypto Credit 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, incentive of the Wirex Crypto Credit.
By entering into this Agreement the following restrictions shall apply to you if Wirex grant you Wirex Crypto Credit:
a. You shall be restricted to open up to five (5) lines of Wirex Crypto Credit at any one time;
b. the total principal amount not exceeding the equivalent $100,000 in stable coins on the terms, and subject to the conditions, of this Agreement;
c. the stable coins shall be limited to the Digital Assets;
d. maximum LTV is 60% of the Wirex Crypto Credit when you open an account.
Wirex will grant you a Wirex Crypto Credit in Digital Assets, if you provide the required Digital Assets as collateral, by transferring them into the Wirex Account, or by using ones available thereinto (“Collateral”). All such Digital Assets are indicated on the Wirex App and in the Wirex Account and are subject to revision from time to time.
The value of the Wirex Crypto Credit shall be calculated by the loan-to-value-ratio, as indicated on the Wirex App and subject to revision from time to time, (“LTV”), against the value of the Collateral at the time of granting. The value of the Collateral shall be dynamically calculated by Wirex , on the basis of margin percentages applied to the market value of the Collateral, according to an exchange ratio equivalent to the volume weighted average price of the relevant Digital Assets, across leading cryptocurrency exchanges.
You shall at all times maintain the necessary Collateral in accordance with the LTV.
Unless prohibited by any Applicable Law, by virtue of this Agreement Wirex acquires the ownership title and all attendant rights of ownership of the Collateral while the Wirex Crypto Credit is outstanding, and can dispose of this Collateral in any manner at its sole and absolute discretion. Otherwise, you understand and agree that we can convert, pledge, re-pledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer, dispose of or use any amount of such Collateral, separately or together with other property, and for any period of time, and without retaining in our possession and/or control for delivery a like amount thereof or any other assets, at our sole and absolute discretion. Any such action will be performed in our name only and you will have no benefits and liabilities from it.
A compound annual Interest shall commence accruing as of the start date of the Wirex Crypto Credit (“Start Date”), at the rate determined at the time the Wirex Crypto Credit is granted and indicated in the Wirex Account and on the Wirex App. The Interest shall be subject to revision from time to time, at our sole and absolute discretion.
The Interest shall be calculated on a daily basis, at UTC 00:00 on each calendar day and will be added to the balance monthly within your Wirex Account, on the basis of the actual number of days elapsed in a 360-day year.
No periodic repayment of the Interest shall be due unless the entire Wirex Crypto Credit. Any Interest accrued shall be indicated in the Wirex Account.
If the LTV increases above certain thresholds, as indicated on the Wirex App, you shall, at our request, provide additional Collateral and/or make the required repayments to rebalance the Wirex Crypto Credit.
If the LTV increases above the maximum permitted threshold, as indicated on the Wirex App, or the Maturity Date is reached, Wirex shall close your Wirex Crypto Credit and retain your Collateral, which will include satisfying all related fees, costs and expenses. You agree that the above liquidation will be made without any advance notifications.
You hereby acknowledge and agree that due to the volatile nature of the Digital Assets market, it may not be technically possible for Wirex to notify you prior to the relevant liquidation, and that you are solely responsible for monitoring the prevailing market conditions at any given time and maintaining your LTV in full accordance with these Terms.
The Wirex Crypto Credit shall be terminated after a 6-month term starting from the Start Date (“Maturity Date”) unless otherwise terminated prior to the Maturity Date in accordance with these Terms. We may also terminate your Wirex Account and your use of the Wirex Service at any time by giving you 1 months' notice. Wirex reserves the right to terminate the Wirex Credit product line without providing you with written notice.
The Wirex Crypto Credit shall be repaid on or before the Maturity Date and any Wirex Crypto Credit granted to you and not repaid post the Maturity Date will cause Wirex to liquidate your Collateral in accordance with clause 6.
You may repay at any time prior to the Maturity Date and any amount: (i) by transferring into the Wirex Account the same Digital Assets as the Wirex Crypto Credit granted, or other Digital Assets acceptable to Wirex; (ii) with the Collateral; or (iii) by combination of (i) and (ii).
You must repay the Wirex Crypto Credit immediately] should you exceed the LTV Threshold.
Certain rules may apply to repayments from time to time, as indicated on the Wirex App.
All repayments shall be allocated first to the fees (if any), then to the Interest and last to the principal of the Wirex Crypto Credit.
Once the Wirex Crypto Credit has been repaid in full, all remaining Collateral shall be transferred back to the your Wirex Account.
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 Collateral;
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 as Collateral, 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 Crypto Credit fully at your own risk.
You hereby undertake to:
h. Use the Wirex Crypto Credit and the other Wirex Services in good faith;
i. Not violate or breach any terms in these Terms, the Privacy Policy, the Cookies Policy, or any Applicable Law in any relevant jurisdiction;
j. Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities;
k. Not provide false, inaccurate, incomplete, out-of-date or misleading information;
l. Not interfere, intercept, or expropriate our network, system, data, or information;
m. 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;
n. Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe our Intellectual Property Rights;
o. 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 Crypto Credit;
p. Keep the data required for using the Wirex Account unavailable for third parties;
q. 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.
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 Crypto Credit;
b. You breach another obligation in connection with your relationship with Wirex, including any obligation resulting from the Collateral (the obligation to maintain Digital Assets with Wirex considered by Wirex to be acceptable and adequate pursuant to these Terms);
c. You are unable to pay your debts, 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;
d. It is or becomes illegal for you to perform your obligations under this Agreement;
e. Wirex is unable to contact you in accordance with your most recent instructions for sending correspondence; and
f. Should you exceed the LTV Threshold.
In case of an Event of Default, Wirex is entitled:
a. To terminate the Wirex Crypto Credit and/or this Agreement with immediate effect;
b. To declare immediately payable any principal amount due in respect of the Wirex Crypto Credit, as well as the Interest accrued and any other amount due in respect of the Wirex Crypto Credit;
c. To realise, at our sole and absolute discretion, all or part of the Collateral in accordance with the applicable contractual terms; and/or
d. In general, to take any action it deems necessary 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 Crypto Credit or any of the other Wirex Services in violation to these Terms or any Applicable Law.
The regulatory status of the Digital Assets is currently unsettled, varies among jurisdictions and is subject to significantly 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 the Wirex Crypto Credit or any of the other Wirex Services.
We may be forced to suspend or discontinue or to change aspects of the Wirex Crypto Credit 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 Crypto Credit 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 Crypto Credit 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.
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 Cryptoassets 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.
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
You shall accept full responsibility for the security and authenticity of all Instructions and you shall be bound by all such Instructions You are aware that 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.
You acknowledge and agree that by confirming the sending of your Supported Cryptocurrency 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.
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.
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 (i) 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.
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.
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.
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 as well as your acceptance of the 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
20. 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.
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.
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.
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.
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.
A person who is not a party to these Terms has no right to enforce any of these Terms.
Governing law and dispute resolution’ states – ‘Croatian law will apply to all disputes and the interpretation of these Terms. The Italian courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Wirex App. 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 App heard in the courts of that country.