Terms of Use


General Terms of Use

This Terms of Use (together with our Privacy Policy, incorporated herein by reference, the "Agreement") is a legal binding agreement between you (hereinafter the “user” or “you”) and BREXILY, managed and services by EVERUS TECHNOLOGIES OÜ (Registry Code 14718563) a company registered in Estonia ("Brexily" or "we" or “us” or “our”). 

 

These Terms of Use contain important provisions, which the User must consider carefully and understand when choosing whether to visit the Site and use our services, products and content of Brexily. Please read these Terms of Use carefully before agreeing to them.

 

By accessing our website www.brexily.com (the "Site") you are deemed to have read and agreed to comply with and accepted these Terms of Use in its entirety before finishing the registration procedure. If you do not agree, please do not access our Site and/or utilizes our Services. We reserve the right to alter, amend or modify these Terms from time to time, in our sole discretion. We will provide you with notice of such changes by sending an electronic mail to your registered address, providing notice on the homepage of the Website and/or by posting the amended Terms via our Website and updating the "Last Updated" date at the bottom of this Terms of Use. The amended Terms will be deemed legally binding and effective immediately upon posting on our Website. You have accepted that Terms of Use herein may be updated by us from time to time.

 

WARNING: Our Site is not for minors (persons under 18 or under the legal age in your jurisdiction). If you are minor, then please do not proceed to use the Site and/or our Services. Depending on the User’s place of residence, the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or jurisdiction from which the User accesses the Website and its Services. The User should consult his/her choice of legal counsel at his/her place of residence in order to establish and confirm that the User is not a prohibited participant as per FATF guidelines and/or other relevant international law and/or trade treaties..

 

Definitions

Terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:

 

“Account” means an Account, registered by the User on the Brexily’s Platform.

 

"Exchange" means an Exchange of one type of Asset to the Asset of another type and/or crypto at the terms and conditions set forth by exchanging parties, which is executed via the Third-party service in respective block-chain network.

 

“Blockchain” means chain of collected data. The data is added in the form of block into the blockchain, by connecting it with other blocks in chronological sequence creating a ledger. The data can be accessed and examined for transactions’ authenticity, but cannot be edited / overwritten.

 

“Cryptocurrency Assets" means type of assets which can only and exclusively be transmitted by means of utilising blockchain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of Exchange, such as Bitcoin, Ethereum, Ripple, etc, to the full and absolute exempt of the securities of any kind.

 

Cryptocurrency Asset Issuer” means a registered company / organisation that owns and issued cryptocurrency asset.

 

“Deposit” means a transaction involving a transfer of funds to the User’s Trading Account/ Brexily’s designated wallet..

 

“Fiat Currency” is a currency without intrinsic value that has been established as money, generally accepted legal tender whose value is backed by the government that issued it. For the sake of clarification, value of each Cryptocurrency Assets will be made reference to the US Dollar and Euro, and/or any other accepted metrics of currency in the Brexily (on the absolute choice of Brexily) for User to gauge the Assets market value.

 

“Wallet” means cryptocurrency wallet, a secure digital wallet used to store, send, and receive Cryptocurrency Assets.

 

“Withdrawal” means a transaction involving a transfer of Funds out from the User’s Trading Account / Brexily’s designated wallet.

 

What We Do

Our Services enabled you to exchange one type of Asset to another type of Asset of your choice and/or from Asset to fiat currency; and vice versa.

 

Brexily.com is a licensed online digital cryptocurrency (hereinafter known as “Asset”) trading platform, also known as Cryptocurrency Exchange. We function as a trading platform service provider; not functioning as a buyer or seller in any transaction / trade. The User acknowledges and agrees that, when completing any trading transactions, the User is trading with other Users using the Platform provided by us, and that Brexily acts only as a provider of technical services and/or the Platform (the Platform and/or Brexily’s software or mobile applications) in such transactions, not as a or any counterparty to any trade.

 

When you Exchange Asset you acknowledge and agree that the exchange will be processed through the third-party Exchange service with additional fees applicable to such exchange. You acknowledge and agree that the Exchange rates information made available via the Services are an estimation only and may differ from prevailing rates available via other sources outside of our Services.

 

Brexily is a licensed service operator, however that does not guarantee or overwrite nor justify the legitimacy status of blockchain and/or Cryptocurrency Asset of the User’s local applicable law  for access or use the Service. Hence all Users shall access and use our Services at their own risk and volition and are solely responsible for compliance with applicable laws in the country Users are in or residing.

 

In order to perform the Exchange via our Services, the Platform system will automatically generate all particulars of the available trades and exchanges, including their pairings. Along with such, these particulars may contained information about (i) the other User / counter-party; (ii) the crypto asset that User wants to exchange and the crypto asset that User wants to receive (jointly - "crypto pair"); and (iii) the recipient’s Crypto Asset address provided by the User (the address where exchanged crypto assets will be deposited). All crypto assets wallets’ addresses are reusable: those addresses can be used to perform an unlimited / limited amount of transactions with the same parameters. If crypto pair and/or recipient address change, a new address will be generated through the Platform’s system.

 

Brexily strives to maintain the accuracy of information on the Website (Platform) and/or given whilst providing the Services. However, Brexily cannot and does not guarantee and warranty that the accuracy, suitability, reliability, completeness, performance or fitness for any purpose of the content made available through the Platform, Services, hence, Brexily shall not be held liable for any loss or damage that may arise whether directly or indirectly from your use of such content. Information on the Services can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. 

 

Brexily does not provide investment or advisory advice and will have no liability for the use or interpretation of information. All users of the Services must understand that there are risks involved in investing and trading Assets. Brexily encourages all users to exercise prudence and trade responsibly within their own means.

 

Brexily undertakes to provide the Services with the appropriate effort, due care and in accordance with these Terms of Use. Brexily’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the Asset transferred. When initiating Assets transactions to a user who is not a Brexily and/or Everus Wallet’s user, Brexily’s responsibility shall be further limited to ensuring the transfer of the necessary technical data to the appropriate Asset’s network and/or in accordance to the Asset’s protocol only.

 

Brexily has the absolute right to suspend (freeze) the User’s Account and block all and/or part of Assets contained therein in case of non-fulfillment or unduly fulfillment of the Terms of Use by the User. In the case of fraud, Brexily undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity and/or according to applicable law and/or according to the Terms of Use.

 

All buy and sell orders (transactions) made on the Platform, will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The exchange (transaction) price is calculated on the basis of actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable fees.

 

Brexily represents and warrants that once the orders to buy or sell Digital currencies match, such orders may not be cancelled or reversed. It holds all Digital currencies acquired by each User in his/her Account and on the respective User's behalf.

 

Eligibility to Use the Site

You may view Content on the Site without registering, but as a condition for certain aspects of the Service, you may be required to register on the Site and create an Account. This process includes selecting a screen name and a password. When creating an Account, you represent and warrant all of the following:

 

  • agree to pass through AML/KYC procedures, which may be applied to you according to our internal AML/KYC policies. As a part of such procedures, Brexily reserves the right to request additional information and documents, which are aimed without limitation to identify our user and to prove the source of the funds;
  • all information you submit is truthful, current, complete and accurate;
  • your use of the Service does not violate any applicable law or regulation; 
  • you are at least 18 years of age (or a legal age in your jurisdiction) or have received parental consent and supervision when using the Service and your parent or legal guardian also agrees to be bound by this Agreement and agrees to be responsible for your use of the Service; and
  • take responsibility for all activities that occur under your Account.

We reserve the right to terminate your Account, and your use of the Site at any time, for any reason at our sole and absolute discretion.

 

Platform Users

You represent and warrant that:

  • you use our Services at your sole option, discretion and risk;
  • you will comply with any or all applicable obligation of registration or licensing requirements and applicable laws and regulations in your jurisdiction when you utilize the services provided by Brexily; 
  • you will comply with any applicable tax obligations in your jurisdiction arising from sending and/or receiving of cryptocurrency for legally and morally accepted reason(s);
  • you are NOT in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria, Bangladesh and Bolivia as well as any other country subject to United Nations Security Council Sanctions List or Financial Action Task Force (FATF) Sanctions List and/or its equivalent ("Prohibited Jurisdictions"). Brexily does not operate and/or in our best effort, providing Services to people in Prohibited Jurisdictions. However, we do possess and enjoy the autonomy right to select markets and jurisdictions to operate and may internally set policies restrict or deny its services to certain countries at any time;
  • you are not a minor and of legal age, according to your relevant jurisdiction;
  • you agree to pay the fees for exchanges completed and/or for our Services;
  • you agree that we may change our fees from time to time to be more competitive with other licensed Exchanges and/or equivalent or reasonable for the Services we are providing or provided;
  • you agree that there shall be no refund and/or rollback of service fees and/or charges of any kind that was paid to Brexily;
  • you understand and agree that for internet based services, there are risks such as the failure of hardware, software, and Internet connections and even with the respective blockchain Protocol, such as any malfunction, unintended function, unexpected functioning of or attack on the blockchain protocol;
  • you guarantee that any Cryptocurrency Assets that are in your Account or deposited into your Account are strictly and legally belong to you whereby you are the legal and beneficiary owner of all the Cryptocurrency Assets and these Cryptocurrency Assets are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to the Cryptocurrency Assets in your Account; and
  • you never and will not authorise any third party and/or legal representative to claim any Cryptocurrency Assets from Brexily.

You understand and agree that, if asked by Brexily, you will be required to provide supplementary information about yourself or your organization. You authorize Brexily to conduct background inquiries either directly with you or through a third party service provider.

 

YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.

 

Customer Verification (Know-Your-Customer/Customer Due Diligence) Processes

At the point of opening an Account with us, you must provide us with all the requisite information for the purposes of identity verification and permit us to keep a record of such information. You will need to complete all the verification procedures to gain access or use Brexily’s Services. The information we request include certain personal information, such as your name, address, telephone number, electronic mail address, date of birth, government identification number, passport number (if applicable). By furnishing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provided changes in due course. 

 

Upon the registration of an Account, the system shall automatically trigger User for identity verification process. This is an initiative adopted by us in order to curb and prevent money laundering, terrorist financing, fraud, or any other illegal financial activities. In such circumstances, you authorised us to make further inquiries, whether directly or through third parties, of which we consider necessary to verify your identity to protect you and/or us against fraud or other financial crime. During the verification process, you are required to: -

  1. Fill up all the required details;
  2. Take photos of a valid government Identification Card or driving license (both front and back), or passport (if applicable); and
  3. To take a clear selfie of your face together with the Identification document clearly with a piece of paper with the date of the selfie was taken..

 

We reserve the right to apply the generic and/or specific AML/KYC procedure to any particular users, addresses and particular transactions of crypto assets. You acknowledge and agree that your personal information above will be disclosed to credit reference and fraud prevention and/or financial crime agencies and that these agencies may respond to our inquiries in full as highlighted in our Privacy Policy. During the process of such verification, your Account may be frozen for a short period until the completion of this verification process. 

 

In the circumstance that the verification process failed/cannot be completed because of:

  • Technical reason(s), ie picture of government ID/selfie is not clear or does not match:- you may be requested to restart the whole verification process.
  • Negative feedback from reporting agencies on past records affiliated to money laundering/financing of terrorism:- we are authorize to take reasonably and/or necessary steps including but not limited, to freeze your Account momentarily or perpetually or until further notice, to terminate your Account, or to move all cryptocurrencies/credits in your Account/wallet into an escrow Account pending further instruction from the authorities, to report your transaction and/or to provide your information to the relevant authorities for their further action.
  • Any other reason(s) or error not mentioned above, you may email us at [email protected] for further enquiries. We shall respond to you within a reasonable period during working hours and days.

 

Additional Representations

You additionally represent and warrant that any Cryptocurrency Assets exchange that you make through Brexily is legal in your jurisdiction. We will not be held liable for any loss or damages due to your non-compliance.

Further, you agree that your use of the Service and reliance upon any of the materials available at the Site is solely at your own risk. You should ask questions and investigate the recipient(s) of your transfer(s) to the extent you feel is necessary before you make any cryptocurrency transfer. While we take reasonable efforts to protect your wallet contents, however, we do not verify, endorse or control any of the information outside of our official documentation / wallet’s ecosystem.

All cryptocurrency transfers are made voluntarily and at your sole discretion and you realize all risks of using cryptocurrency and blockchain technology, which are generally understood and recognized in accordance with the warnings of the financial regulators of countries across the world, as well as the risks specified in this agreement.

 

Unsupported Cryptocurrencies

Our Services and internal wallets are only available in relation to the Cryptocurrency Assets that Brexily, in its sole discretion, decides to support. The supported Cryptocurrency Assets may change from time to time. You shall not attempt to carry out any transaction(s) in relation to Cryptocurrency Assets that is not supported by Brexily wallet / Services. In particular, but without limiting the generality of the foregoing, you accept and agree that you will have no access, entitlement or claim against / from Brexily for the following:-

  • to any Cryptocurrency Assets and/or cash worth in fiat sent to a receive Address associated with your Brexily Wallet when that cryptocurrency is not supported by our Brexily Wallet; or
  • that you mistakenly and/or knowingly transfer any not supported Cryptocurrency Assets into Brexily wallet and/or to the wrong Address; or
  • that you gave the wrong Brexily wallet address (ie: Bitcoin (BTC) deposit Address for an Ethereum (ETH) transaction) to the transferor, whether mistakenly and/or knowingly; or
  • that you transferred cryptocurrency that is not supported by Brexily wallet.

Cease Trading with Cryptocurrency Asset Issuer and/or Delisting of Cryptocurrency Asset in Exchange and Eco-System

 

User’s interests are Brexily No.1 priority, as such, Brexily shall use our best effort in determining worthiness of Cryptocurrency Asset and its issuer in terms of availability of working product(s), availability of white papers and/or roadmap and it completions thereof, the strength of the issuer’s team and technology profile, evaluation from the standpoint market value with regard to usefulness and relevance of the project for user as a whole, social media’s activities; and most importantly the service level and responsiveness to users’ inquiries and resolution time.

 

Brexily reserves the absolute right to cease trading at any time with any Cryptocurrency Asset Issuer and/or Merchant and/or Partner and/or delist any specific Cryptocurrency Asset without giving any reasons, provided that Brexily shall communicate and/or notify users on such delisting by means of publishing notification on the platform or push notification or social medias (facebook, linkedin, instagram, telegram etc) consecutively for two (2) weeks before the actual delisting so that Users can take necessary action to safeguard their interests.

 

Be it as it may, usual reason(s) that Brexily will cease trading with a Cryptocurrency Asset Issuer and/or Delisting of a Cryptocurrency Asset can be triggered due to one or more of the following cases:-

  • Cryptocurrency Asset Issuer no longer maintains the coin/token, or requested Brexily for such delisting and/or have breached other conditions of this Agreement and/or Listing Agreement between Brexilu and Cryptocurrency Asset Issuer and/or violation of Terms of Use and/or lost the confidence of users;
  • Cryptocurrency Asset Issuer and/or Cryptocurrency Asset is facing legal issues;
  • The daily trading volume of the Cryptocurrency Asset has been low – less than USD30,000 in a month;
  • There is severe dishonesty in information disclosure; if it is necessary to prevent and/or stop fraud, manipulation, security breaches or other unlawful actions, hacking attacks — or if such things, related to the Cryptocurrency Asset, are identified; or
  • Cryptocurrency Asset Issuer refuses to cover the costs for additional work (efforts) provided by Brexily (including wallet updates, changes of the smart contract, changes of the blockchain, etc.).

The list above is not exhaustive and will be reviewed from time to time again.

 

Intellectual Property

The Site contains trademarks, service marks and domain names owned by Brexily or other third parties. Unless specifically noted that such trademarks, service marks or domain names belong to a third party, Brexily owns all trademarks, service marks and domain names displayed on the Site, whether registered or unregistered, including but not limited to, the name Brexily, our logo, our design patterns and our other graphics, Brexily.com website trade dress, and other indicia of origin of Brexily products and services. The use of our intellectual property is strictly prohibited, unless we have granted our prior written consent.

 

The content of the Site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and any other works of authorship, both individually and as they are compiled on the Site (the "Content"), and software used on this Site, are the property of Brexily or third parties, and are protected by copyright and other Estonia and foreign intellectual property and related laws, rules and regulations. The Content includes both material owned or controlled by Brexily ("Brexily Content"), and material owned or controlled by third parties and licensed to Brexily, including User Content (as described below). Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. You agree to abide by all copyright notices, information, or restrictions contained in or attached to any of the Content.

 

License Grant

We hereby grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services and the Content subject to your eligibility and your continued compliance with this Agreement. We are not responsible to ensure, and disclaim any responsibility for, your ability to open, use or view the Content we provide. As between you and us, we retain all right, title and interest in and to the Content (other than your own User Content), and all related intellectual property rights. We reserve all rights not granted in this Agreement.

 

Unsolicited Idea Submissions

We are always happy to hear from our users and are grateful for your comments and suggestions on how to improve our Services. The following policy applies to all third party submissions of ideas, comments, suggestions, improvements, proposals or materials. All submissions are non-confidential and non-proprietary. We will not be liable for any use or disclosure of any submission; and we can use the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.

 

Prohibited Activities

By accessing and using the Site, you agree that you will not use the Site and the Service for any unlawful or prohibited purpose. You may not attempt, through any means, to gain unauthorized access to any part of the Site or the Service, other Account, computer system or network connected to our server. Brexily reserves the right, in its sole and absolute discretion, to monitor any and all use of the Site and remove any User Content at any time.

 

Without limiting the foregoing, you will not use the Site and the Services to:

  • Post or otherwise transmit any User Content that
    • Is unlawful, false, misleading, inaccurate, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or that encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise objectionable;
    • Depicts or advocates the use of illicit drugs;
    • Makes use of offensive language or images;
    • You do not have a right to transmit under any law or under contractual or fiduciary relationships;
    • Poses or creates a privacy or security risk to any person;
    • Infringes any intellectual property or other proprietary rights of any party;
    • Are "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;
    • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
    • In the sole judgment of Brexily, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Brexily or its users to any harm or liability of any type;
  • Violate any applicable local, state, national, international or other law or regulation, or any order of a court, including without limitation, rules about intellectual property rights, the Internet, technology, data, email or privacy;
  • Access the Site and the Content from territories where such website and consent are illegal or strictly prohibited;
  • Further or promote any criminal activity or enterprise or provide instructional information about illegal activities and will not be involved in any unlawful activities including but not limited to money-laundering, fraud, scams, cybercrime and any other criminal acts.;
  • Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • Interfere with, disrupt or damage the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • Use the Services to transmit, distribute, post or submit any information concerning any other person without their permission;
  • Harvest or collect email addresses or other contact information of other users by electronic or other means without their consent;
  • "stalk" or harass any other User or collect or store any information about any other User;
  • Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
  • Register for more than one user Account or register for a user Account on behalf of an individual other than yourself;
  • Transfer or sell your Account and/or username to another party;
  • Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Use automated scripts to access, search collect information or otherwise interact with the Services (including without limitation robots, spiders or scripts) or use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission;
  • Other than with respect to your own User Content,
    • Use, reproduce, duplicate, copy, sell, resell or exploit the Content;
    • Compile a collection of Content, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; or
    • Otherwise remove any text, copyright or other proprietary notices contained in the Content;
  • decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction;
  • modify, translate, or otherwise create derivative works of any part of the Service; or
  • Advocate, encourage, or assist any third party in doing any of the foregoing.

 

Acknowledgements

You agree and understand that by creating a Brexily Account and posting User Content, you will be exposing your personal information to others. Under no circumstances will Brexily be liable for any consequences resulting from you sharing your information with other people, including, but not limited to, for any errors or omissions, or for any loss, injury or damage of any kind incurred as a result of such actions. You release Brexily from any claims related to the sharing of your information through the Site, including personally identifiable information. You acknowledge that Brexily has no control over, and no duty to take any action regarding: which persons gain access to your information; how they use such information and what effects this may have on you.

 

Password and Account Security

You are solely responsible for maintaining the confidentiality of your password associated with your Account. Accordingly, you understand and agree that you are solely responsible for any and all activities that occur under your Account.

You agree to:

  • Immediately notify us at [email protected] of any unauthorized use of Account or any other breach of security, and
  • Ensure that you log off and exit from your Account at the end of each session when accessing the Services. Brexily will not be liable for any loss or damage arising from your failure to comply with this section.

External Links

This Agreement applies only to the Site and the Services. In using the Services, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties such as producers ("Third-Party Content"), either at the Site or through links to third-party websites or mobile applications. Because we do not review, monitor, operate or control any such Third-Party Content, you acknowledge and agree that we are not responsible for the availability of such websites or mobile applications and do not endorse and are not responsible or liable, directly or indirectly, for any content, advertising, products, services or other materials on or available from such websites or mobile applications. We make no guarantees, representations or warranties as to, and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy or subject matter of any content, or the use of any personal information you provide to any such website. You acknowledge and agree that use of such links is entirely at your own risk. We may discontinue links to any other website or mobile applications at any time and for any reason.

 

Disclaimer of Warranties

ALL INFORMATION AVAILABLE AT OUR SITE IS PROVIDED ON "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Brexily DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SERVICES YOU OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE OF A CERTAIN QUALITY, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE, ARE IMMUNE TO HACKER ACTIVITY, ELECTRONIC OR NON-ELECTRONIC TAMPERING, COMPUTER CRIME OR THEFT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

 

Some jurisdiction does not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

 

Limitation of Liability

IN NO EVENT SHALL Brexily (FOR PURPOSES OF THIS SECTION, "BREXILY" OR "WE" INCLUDES BREXILY’S EQUITY HOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, REPRESENTATIVES OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF INFORMATION THROUGH THE SITE, INJURY TO PERSONAL PROPERTY, BODILY INJURY OR EMOTIONAL DISTRESS, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY AGREE THAT WE WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR THE SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF ETH 2.0. 

 

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Indemnification

YOU HEREBY UNDERTAKE TO FULLY INDEMNIFY US FOR ANY DAMAGES, LOSSES, EXPENSES AND COST THAT MAY ARISE (WHETHER DIRECT OR INDIRECTLY) DUE TO YOU COMMITTING A BREACH OF ANY PROVISIONS OF THESE TERMS OF USE. YOUR OBLIGATION TO INDEMNIFY US SHALL BE IN ADDITION TO AND WITHOUT PREJUDICE TO OTHER RIGHTS AND REMEDIES AVAILABLE TO US WHETHER UNDER CONTRACT, COMMON LAW OR OTHERWISE.

 

You agree to defend, indemnify and hold harmless Brexily, our subsidiaries and affiliated companies, and their officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from

  • Your access to or/and use of the Site, the Services or the Content;
  • Your violation of this Agreement,
  • Your violation of any applicable law;
  • Your User Content, or
  • Your interaction with any User. Brexily may assume the exclusive defense and control of any matter for which you have agreed to indemnify Brexily and you agree to assist and cooperate with Brexily in the defense or settlement of any such matters.

Consent To Electronic Transactions And Signatures

You agree that all businesses, signatures, communications, notices, instructions and messages transacted and executed electronically through the Website shall be deemed properly executed and received.

 

English Language

In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

 

International Use

We do not represent or warrant that the Site, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, including laws regulating the export of data. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion. Accessing the Site is prohibited from territories where the Site’s Content is illegal.

 

You represent and warrant that you are in compliance with all laws, restrictions and regulations administered by Governmental Entity imposing economic sanctions and trade embargoes ("Economic Sanctions Laws") against designated countries ("Embargoed Countries"), entities and persons (collectively, "Embargoed Targets"). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to:

  • Directly or indirectly export, re-export, transship or otherwise deliver any products, services, technology or information of any portion thereof to an Embargoed Target, or
  • Broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.

Cooperation with Authorities and Enforcement

We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.

 

Modifications

We may occasionally modify the Terms of Use or the Privacy Policy. All changes will be effective upon posting on the Site. You can determine when the Terms of Use or the Privacy Policy were last revised by referring to the "Last Updated" legend at the top of the page. You agree to be bound by any such changes if you continue to use the Site after such changes have been posted. We may change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time.

 

Right to Discontinue Services; Termination

Brexily may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice, suspend or discontinue, temporarily or permanently, the Site, and the Services (or any part thereof) and/or deactivate or cancel your Brexily Account. You may also cancel your Brexily Account at any time by sending us an email at [email protected] Termination may result in the forfeiture and destruction of all information associated with your Account. You may terminate your Account by following the instructions on the Service, but we may retain your Account information after you terminate in accordance with our regulatory, Accounting, and legal compliance procedures. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR THE SERVICES. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Copyright Notice Policy

Brexily respects copyright law and expects its users to do the same. 

 

No Legal Advice

Nothing contained in this Agreement or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your attorney.

 

Notification Procedures

You agree that Brexily may provide notifications to you via email, hard copy notice, or through posting on our Site.

 

Ownership

Utilisation of Brexily wallet / platform does not in any way grant users any ownership or right to property in Brexily or on the Brexily platform or that of any other related company. While the community’s opinions and feedback may be taken into Account, Brexily do not give any right for users to participate in decision making or any direction of business development related to the Brexily platform.

 

Absence of guarantees of income or profit

There is no guarantee that any cryptocurrencies will grow in value. If it happens, there are no guarantees that the rate of cryptocurrencies will not decrease, including significantly, due to some unforeseen events, or events over which the developers have no control, or because of force majeure circumstances.

 

Risks associated with Blockchain technology

Cryptocurrencies are issued on its own blockchain based on certain protocol. Therefore, any failure or malfunctioning of the blockchain or protocol may lead to the network working unexpectedly. These circumstances are out of Brexily’ control.

 

Regulatory uncertainty

Blockchain technologies are subject to supervision and control by various regulatory bodies around the world. Cryptocurrencies may fall under one or more requests or actions on their part, including but not limited to restrictions imposed on the use or possession of digital tokens / cryptocurrencies in the future.

 

By sending / accepting to store cryptocurrency with us, you represent and warrant that:

  • Your cryptocurrencies complies with applicable laws and regulations in your jurisdiction, including, but not limited to,
  • Legal capacity and any other threshold requirements in your jurisdiction for the usage, transfer, receiving and storing of cryptocurrencies and entering into this terms and conditions with Brexily,
  • Any foreign Exchange or regulatory restrictions applicable to such usages, and
  • Any governmental or other consents that may need to be obtained;
  • You will comply with any applicable tax obligations in your jurisdiction arising from your usages of cryptocurrencies; and
  • You are not a citizen or resident of a geographic area in which acceptance of delivery of the cryptocurrencies is prohibited by applicable law, decree, regulation, treaty, or administrative act.

The regulatory status of cryptocurrencies and distributed ledger technology is unclear or unsettled in many jurisdiction. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications. Regulatory actions could negatively impact the usages of cryptocurrencies in various ways, including, for purposes of illustration only, through a determination that the usages of cryptocurrencies constitutes unlawful activity or that the cryptocurrencies are regulated instrument that require registration or licensing of those instruments or some or all of the parties involved in the usages thereof. Brexily may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.

 

Cryptocurrencies are not an investment

Brexily is of the view that cryptocurrencies are not an official or legally binding investments or legal tender of any kind in certain countries, therefore Users must be clear and understood fully the legal standing of cryptocurrencies in their respective country of residents. Brexily shall not assume any liability and/or responsibility towards the legality status of cryptocurrencies either as an investment and/or legal tender of any kind. In case of unforeseen circumstances, the objectives stated in this Agreement may be changed accordingly. Despite the fact that we intend to reach all goals described in this Agreement, all Users involved in the investment and/or usages of cryptocurrencies shall do so at their own risk.

 

Risk of losing funds

Funds collected in fundraising are in no way insured. If they are lost or lose their value, there is no private or public insurance representative that buyers can reach out to.

 

Risks of using new technologies

Blockchain is a relatively new technology. In addition to the risks mentioned in this document, there are certain additional risks that the team of the Brexily platform may not foresee. These risks may manifest themselves in other forms of risk than those specified herein.

 

Integration

This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Contract. All previous agreements, discussions, presentations, warranties, and conditions are combined in this document. There are no warranties, representations, conditions, or agreements, express or implied, between the parties, except those explicitly stated in this Agreement.
 

Miscellaneous

Reservation of Rights. We reserve all rights not expressly granted by this Agreement.

 

Dispute resolution

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Estonia. All disputes that arise from this Agreement shall first be settled by negotiations between Brexily and yourself to resolve the dispute amicably. If the dispute is not resolved within fifteen (15) days from when it was first raised, then any or all outstanding issues may be submitted to mediation in accordance with statutory rules of mediation of Estonia. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues, disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Services shall  be submitted to final and binding arbitration with the Asian International Arbitration Centre (“AIAC”) in accordance with the Rules of the AIAC as modified or amended from time to time by sole arbitrator appointed by the mutual agreement of the Parties. If Parties are unable to agree on an arbitrator, the arbitrator shall be appointed by the President / Chairman of the AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the arbitrator shall be borne equally by the Parties, provided that arbitrator may require that such fees be borne in such other manner as the arbitrator determines is require in order for this arbitration clause to be enforceable under applicable law. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within Europe by the winning Party.

 

Dispute between Users

You are solely responsible for your interactions and communications with other users of the Website. We reserve the right, but have no obligation, to resolve disputes between you and such other users.

 

Severability

You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into Account in the decision by us to provide the Site.

 

If any term or provision of this Agreement is found by any country and/or  court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the terms and conditions hereunder will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of this Agreement.

 

Assignment and Waiver of Users’ Rights

You may not transfer, assign or delegate any of your rights, obligations or privileges hereunder; we may do so at any time. Any assignment of the foregoing other than as provided for in this section shall be null and void. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

 

Complete Agreement

This Agreement, including any references mentioned and incorporated herein, together with such changes as may be subsequently made by we, constitutes the complete agreement between you and us, our subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the Site with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, written or oral. This Agreement may not be amended by the user. This Agreement supersedes any previous quotations, correspondence, or other communications, written or oral, between you and us.

 

If you have any questions or concerns regarding this Agreement, you may contact our helpful Customer Relation Officer via  e-mail at [email protected] or you could “Live Chat” for further clarification.

 

Last Updated : 4/11/2019

Terms of Use
Terms of Use

Copyright © 2019 Everus Technologies OÜ (14718563), Activity License Number: FRK000920 & FVR001028

All trademarks and copyrights belong to their respective owners.

Terms of Use
Terms of Use

Copyright © 2019 Everus Technologies OÜ (14718563), Activity License Number: FRK000920 & FVR001028

All trademarks and copyrights belong to their respective owners.