No Liability for Errors. You acknowledge that the Company will not be liable for any error with respect to the instructions you provide, including without limitation erroneous Wallet Address and/or Bank Account information.
No Guarantee of Value or Liquidity. You understand and accept the risks involved in buying and selling Digital Currency, and specifically your Purchase and Sale of Digital Currency, including the fact that the Company cannot guarantee that any Digital Currency will have, at any time in the future, certain value (if any) or market liquidity. There is no guarantee that you will be able to sell the Digital Currency to any third party at a later time, and in no event will the Company be obligated to purchase from you any Digital Currency, whether bought from the Company or otherwise. (See also Section 16, “Risks“).
Price of Digital Currency and the Execution of Your Order
The rate for Purchase and Sale of Digital Currency, as applicable, shall be determined in accordance with the price as displayed on the Site (the “Price”). The Price is comprised of the Digital Currency market rate and our commission fee; additional fees may apply on top of the Price. Changes to any applicable fees may be made at any time in our sole discretion; it is your obligation to verify applicable fees prior to engaging in any order or transaction; an updated list of applicable fees shall be displayed.
Notwithstanding the above, you hereby understand and agree that the Price displayed on the Site for Purchase or Sale of the Digital Currency is accurate for the thirty (30) minutes immediately following the initial step in the placement of an order (the “Preliminary Price”), and the Preliminary Price which appears on the Site upon your order may not be the final price or rate of your transaction. This is due to the highly volatile nature of the price of Digital Currency and the period of time that may be required for completing the transaction, as further detailed below.
The Final Price of the transaction:
The final price of your transaction (the “FinalPrice”) will be the Price that appears on the Site upon: (i) the processing of a credit/debit card Fiat Money payment in a Purchase order, provided that you successfully submit the payment within the thirty (30) minutes immediately following the initial step in your placement of this order (after which, the order permanently expires and cannot be fulfilled); (ii) our receipt of confirmation of payment from our bank, with respect to a Fiat Money payment made by you via bank wire transfer in a Purchase order; and (iii) the actual crediting of a Company Wallet Address designated by us for your Sale order, with respect to the Digital Currency credited by you to us in that Sale, provided that the crediting was completed within the thirty (30) minutes immediately following the initial step in your placement of this order (after which, the order permanently expires and cannot be fulfilled).
The final price of your transaction (the “FinalPrice”) will be the Price that appears on the Site upon: (i) the processing of a credit/debit card Fiat Money payment in a Purchase order, provided that you successfully submit the payment within the thirty (30) minutes immediately following the initial step in your placement of this order (after which, the order permanently expires and cannot be fulfilled); (ii) our receipt of confirmation of payment from our bank, with respect to a Fiat Money payment made by you via bank wire transfer in a Purchase order; and (iii) the actual crediting of a Company Wallet Address designated by us for your Sale order, with respect to the Digital Currency credited by you to us in that Sale, provided that the crediting was completed within the thirty (30) minutes immediately following the initial step in your placement of this order (after which, the order permanently expires and cannot be fulfilled).
The above notwithstanding, you acknowledge that our performance of additional KYC and/or security validations (e.g. validating the order details with you) may extend beyond the times specified in Section 4.2.3.1 above; in which case, the Final Price shall be the Price applicable upon the completion of our additional KYC and/or security validations.
You understand and agree that the Final Price may be either higher or lower than any other rate or price which was previously available on the Site, in accordance with value fluctuation which may occur, and that this may change either in your favor or in the Company’s and we have no control whatsoever on such change. A Price in Fiat Money for a transaction is locked for thirty (30) minutes when the initial step in the placement of the Purchase/Sale order is logged (the Preliminary Price); once the Preliminary Price has expired, the Final Price will apply to any applicable transaction.
As soon as reasonably practicable thereafter, and subject to the completion of our KYC process and/or other inspections to our satisfaction, we shall execute your order at the Final Price (the “Execution”). Until Execution, any order by you shall be considered as pending and not completed, and shall not be binding on us whatsoever.
Delivery. As soon as reasonably practicable after the Execution of your order: (i) in the case of your Purchase of Digital Currency from us, the relevant Digital Currency shall be delivered by us to your Wallet Address. While we will attempt to transfer the Digital Currency as soon as we can, please note that the transfer may take some time to be processed; (ii) in the case of your Sale of Digital Currency to us, we shall deliver Fiat Money through a bank wire transfer, credit card, or other third party payment processor, all using the details per applicable payment method you provided during the placement of your Sale order; and (iii) we shall provide you, either on the Site, via email, or otherwise, a transaction confirmation, detailing the Final Price and other particulars about the applicable Purchase, Sale, and the Execution (the “Transaction Confirmation”).
Any payment by us to you, including refunds of payments initially made by you to us, whether of Fiat Money or Digital Currency, shall be paid after deduction of any applicable fees and/or transaction costs and expenses, including, without limitation, our commission fee.
For the avoidance of doubt, CashFlow Tradersfx has no obligation or responsibility under these Terms of Use to take any action or do anything to collect or arrange for delivery of any Digital Currency or other digital asset that is offered or issued based on existing holdings of Digital Currency, whether characterized as interest, dividend, “airdrop,” or fork (“Accrued Digital Asset”), nor is Financial Traders FXs liable to you in any way or responsible to indemnify you for any loss or denial of such Accrued Digital Asset suffered by you as a result of your use of the Services
Cancellation Policy. You acknowledge that executed transactions are non-cancelable and you cannot change or reverse any transaction – whether completed or pending (including any Purchase order with respect to which you have not yet confirmed Your Wallet Address by attending to the Wallet Confirmation Request connected to that order). The above notwithstanding, the Company, in its sole discretion, without any obligation whatsoever, may endeavor to comply with a request from you to cancel a transaction on your Account. Subject to applicable law and regulation, in the event the Company cancels your Purchase order after having received Fiat Money from you with regards to such order, the Company will refund such funds to you minus any costs or expenses incurred with regards to such refund, including without limitation any bank charges, currency exchange charges and/or payment processing charges. With respect to cancellation of your Sale order after having received Digital Currency from you, the Company will credit you with such Digital Currency minus applicable transaction costs and expenses. The Company will make reasonable efforts to refund canceled transactions in the same currency of Fiat Money as was initially used by you in the payment for your order, however, this is not always feasible. Any return for a canceled transaction shall be in a currency of Fiat Money and at an exchange rate determined in the Company’s sole reasonable discretion.
Unsuccessful Payments. If your payment method is declined, whether due to insufficient funds or deemed unsuccessful for any other reason, you agree that the Company, in its sole discretion, may: (i) cancel any applicable transaction; (ii) fulfil a portion of that transaction; or (iii) debit alternative payment methods provided by you, in the amount necessary to complete a pending transaction. In the event of termination of any transaction, the Company will make reasonable efforts to provide you with notification of such termination. If any fees apply on failed bank-transfer attempts made by the Company to you in the course of executing your Sale order, and such failure is reasonably attributed to an error by you, such fees shall be deducted from either (x) the amount of Fiat Money that is transferred to you if the order is subsequently executed; or (y) the amount of Digital Currency that is returned to you if the order is declined and the Digital Currency is returned.
Ownership of your Wallet Address. You guarantee to use and provide a Wallet Address owned by you exclusively and which is under your sole and full control, for the purpose of executing any transaction, including: (a) in a Purchase order, a Wallet Address to which we will transfer Digital Currency; (b) in a Sale order, a Wallet address (or Wallet Addresses) from which you will transfer Digital Currency to us and/or a Wallet Address to which we may return Digital Currency.
The Company reserves the right to deny processing any order, or cancel any pending transaction if: (i) required to do so by law, regulation, competent court order, or other competent authority; (ii) the Company considers any such order or transaction to be in conflict with our Risk Management Policy, or as violating any provision of these Terms of Use, or applicable law or regulation; (iii) it exceeds any limit which may apply to the number or volume of transactions in any given period, in accordance with Company’s policies, as may be amended from time to time, or any other applicable laws and regulations; or (iv) such transaction places the Company’s operation, good name, or reputation at risk. In addition, we may contact you to obtain additional files or submissions, obtain proof of current location, or other relevant information in attempts to avoid declining a transaction, although we are not required to do so under any circumstances. Your compliance with any information request in connection with any transaction does not guarantee or require that such transaction will be executed; execution of any transaction shall be at our sole and exclusive discretion. Whenever we decline a Sale transaction for any reason, we will transfer the Digital Currency that we received from you back to you in accordance with your instructions; in order to provide such returns, subject to the terms and conditions contained herein, we will request that you provide a Wallet Address to which we will transfer the Digital Currency. However, we reserve the right to decline transfers to such Wallet Address and require you to provide an alternative Wallet Address at our sole reasonable discretion. If you neglect or refuse to provide a Wallet Address that is acceptable to us, as determined in our sole reasonable discretion, we may take any additional actions available to us under these Terms of Use or other applicable laws and regulations with respect to such transaction.
Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates and service providers, and any of their respective employees, officers, directors, agents, joint ventures, and representatives, from any claims, demands, liabilities, damages, or costs (including attorneys’ fees, fines, or penalties) suffered by the Company and arising out of or related to (i) breach by you of the Terms of Use; (ii) your use of the Site or Services or use by any other person accessing the Site or the Services using your user identification, whether or not with your knowledge and/or authorization; or (iii) any violation by you of any law, rule, regulation, or the rights of any third party.
External Websites. The Company makes no representations, and takes no responsibility whatsoever regarding any third party websites, services, or content that you may access through the Site. The Site may present links or other forms of reference to other websites (the “External Websites”) or resources over which Company has no control. You acknowledge that the Company may present such links or references to you only as a convenience and that Company does not endorse any of the External Website services or offerings made to you or any content provided therein. The Company is not responsible for the availability of, and content provided on External Websites. You are requested to review the policies posted by the External Websites regarding privacy and other topics before use. The Company is not responsible for third party content accessible through the Site, including opinions, advice, statements, prices, activities, and advertisements, and you shall bear all risks associated with the use of such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you access any such External Websites you agree that you do so at your own risk and you agree that we will have no liability arising from your use of or access to any External Websites.
No Financial Advice. For the avoidance of doubt, the Company does not provide any investment advice, recommendation, or guidance, whether in connection with the Services or otherwise. We may provide information on the price, range, volatility of Digital Currency and events that have affected the price of Digital Currency, but this is not considered investment advice and should not be construed as such. No communication between us and you should be considered any form of investment advice. Any decision to purchase or sell Digital Currency is your exclusive decision at your own risk and the Company will not be liable for any loss suffered. You should consult your own legal and/or tax advisors concerning your specific financial situation.
Lack of Financial Regulation. Our business model and our Services consist of facilitating the buying and selling of Digital Currency from and to the Company in an unregulated, international, open payment system. Despite the aforementioned, certain jurisdictions apply regulations or may apply such regulations at any time, in which case, the Terms of Use, including the provision of the Services, may be amended accordingly or terminated to the extent such amendments are not possible. You agree and understand that legislative and regulatory changes or actions at a state, federal, or international level may adversely affect the use, transfer, exchange, and/or value of Digital Currency.