This agreement contains the terms and conditions governing use of Walleteze Services. Please read this agreement carefully before you (Client) start to use Walleteze Services. Your agreement to these Terms and Conditions is necessary for your use of Walleteze Services. Do not use Walleteze Services if you do not agree to these terms and conditions.
Walleteze is an internet-based exchange platform providing exchange Services (fiat currency to virtual currency, virtual currency to virtual currency and virtual currency to fiat currency) and a virtual currency wallet service to legal entities and natural persons aged 18+. Clients who have been verified can purchase and sell and exchange cryptocurrency. All transaction and event logs are stored on the platform and server.
The Walleteze Services are provided by Walletze OÜ, A. Reinvaldi 3-2, Tallinn, Harjumaa, Estonia (company number 14769388 - registered in and operating under the laws of Estonia).
This Agreement (“Agreement”) governs the relationship between Client and Walleteze (“us” or “The Company”). If this Agreement varies from other information on the Walleteze website, the clauses of this Agreement shall prevail. This Agreement cannot be amended or waived except in writing by an authorized officer of Walleteze. Client Service employees cannot amend or waive any part of this Agreement. Client acknowledges that Walleteze may revise this Agreement by sending notice of the revised Agreement by e-mail or upon Client log-in or by posting a notice of revision to the Walleteze website. Client’s use of Walleteze after such notice constitutes acceptance of the revised Agreement. This agreement contains a pre-dispute negotiation clause. By signing this agreement, Client acknowledges that this agreement contains a pre-dispute negotiation clause and that Client has received, read and understood the terms thereof and agrees to the same. Failure of Walleteze to enforce any term or condition of this Agreement is not a waiver of the term or condition. Walleteze maintains the right to update these terms in accordance with developments in the Services. Further, Walleteze reserves the absolute right to deny its Services in whole or in part to any individual or organization.
Client Qualification and Verification:
- “Services” means all products, services, content, features, technologies or functions offered by Walleteze and includes the walleteze.com website.
- “External Account” means any Financial Account or Digital Asset Account:
- from which Client may load Funds into Client’s Walleteze Account, and
- to which Client may transfer Funds from Client’s Walleteze Account.
- “Financial Account” means any financial Account of which Client is the beneficial owner and that is maintained by a third party outside the purview of the Services provided by Walleteze including, but not limited to, third-party payment service Accounts or Accounts maintained by third party financial institutions.
- “Funds” means Digital Assets and/or Legal Tender.
- “Legal Tender” means any national currency, such as US dollars or Euros, that may be used in connection with a purchase or sale of Digital Assets via the Services, and does not include any Digital Asset.
- “Walleteze Account” means a user Account accessible via the Services where Funds may be stored by Walleteze on behalf of a user.
- “Digital Asset” means digital assets like crypto-currencies, payment units, digital payment solutions that may be purchased, sold or traded via the Services.
- “Insufficient Funds” means that if Client has an insufficient balance of Funds in Client’s Walleteze Account to complete an order via the Services then Walleteze may cancel the entire order or may partially fulfill an order using the Funds currently available in Client’s Walleteze Account, less any fees owed to Walleteze in connection with the execution of that trade.
- “Force Majeure Events” mean events caused by:
- any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information;
- any loss or damage arising from any event beyond the reasonable control of Walleteze including, but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Walleteze’s reasonable control (each, a “Force Majeure Event”).
Walleteze is a licenced exchange and is therefore under obligation by law to collect Know Your Client (KYC) documents in compliance with Anti Money Laundering and Anti Terrorist Financing guidelines. Client agrees to provide correct and real documents for KYC. Any discrepancy in KYC documents may result in rejection of Client’s application for an account with Walleteze or permanent blocking of Client’s account. Walleteze may also report the matter to authorities.
For registration of a Walleteze account, Client agrees to:
Client’s Rights And Responsibilities:
- share personal information requested for the purposes of identity verification and address verification and provide documents in support. This information is used specifically for the prevention and detection of money laundering, terrorist financing, fraud and other financial crimes on the Walleteze platform. Walleteze may ask for additional documents if it is not convinced by the documents provided.
- permit Walleteze to keep a record of such information for the lifetime of Client’s account plus 5 years beyond account closing.
- Walleteze making inquiries, either directly or through third parties, that are deemed necessary to verify Client’s identity or to protect Client and/or Walleteze against financial crimes such as fraud.
- Client warrants that his, her or its application is true and complete and will promptly notify Walleteze of any change in his / her / its personal information and authorizes Walleteze to make any inquiry to verify the information. Client must comply with the following criteria in order to use the Services:
Regulated Persons and Entities:
- Natural Persons:
Client warrants that Client:
- is over 18 years of age;
- is not accused, convicted or subject to any on-going or pending investigation relating to anti-money laundering, terrorist financing or any other illegal activity involving serious crimes in any jurisdiction;
- is under no legal incapacity; and
- has sufficient knowledge and experience to understand the nature and risks of the products to be traded.
Client and its authorized representatives warrant that Client:
- is authorized under its governing law(s) and in the jurisdictions in which it is organized and/or regulated to enter this Agreement and trade;
- is not accused, convicted or subject to any on going or pending investigation relating to anti-money laundering, terrorist financing or any other illegal activity involving serious crimes in any jurisdiction;
- is under no legal incapacity; and
- that persons identified to enter orders have proper written authority in a legal format and have sufficient knowledge and experience to understand the nature and risks of the products to be traded.
Unless Client notifies Walleteze otherwise, Client represents that Client is not a broker-dealer; futures commission merchant or affiliate, associated person or employee thereof. Client agrees to notify Walleteze immediately electronically through the Walleteze website if Client becomes employed or associated with a broker-dealer or futures commission merchant.
Client has the right to enter and use the Site and the Services, as long as Client agrees to and actually complies with the Terms of Service. By using the Services, the User agrees to accept and comply with the terms and conditions stated herein.
Client undertakes to read the entire Terms of Service carefully before using the Site or any of the Services provided by Company.
Client undertakes to comply with any and all applicable laws and regulations related to the use of the Services and also undertakes to strictly comply with the local laws and regulations of the jurisdiction in which the Services are used. Client agrees not to use Walleteze Services if the same are prohibited by local laws and regulations.
Client undertakes to monitor all changes on Client’s Account including, but not limited to, the balance.
Client agrees that whenever a Transaction is made, the Platform sends and receives the monetary sums and/or crypto-currencies to/from the Buyer’s/Seller’s Accounts opened in their name and on their behalf. Walleteze cannot reverse a Transaction in the event of any mistake by/on behalf of Client.
Client undertakes to notify Walleteze immediately (by email to firstname.lastname@example.org) of any unauthorized use of Client’s Account or password, or any other breach of security. Failure to comply with this rule will result in Client being held liable for any losses incurred by Walleteze or Client or any other user of the Services.
Client undertakes not to use the Services to perform criminal activity of any sort including, but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
Client is responsible for any and all damages caused, and all liability actions brought against Walleteze for infringement of any third-party rights or violation of applicable laws.
Nothing in the Terms of Service excludes or limits the liability of Client for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
Clients are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.
Payment instruments i.e bank accounts, credit cards, debit cards, etc. added to Client’s Walleteze Account must be named after the Account holder.
Walleteze Account information and security: In order to engage in trades via the Services, Client must create a Walleteze Account and provide any requested information.
Responsibility for Client Orders/Trades:
Client acknowledges that Walleteze has no means to verify whether an account login using username and password of Client is fraudulent or entered into by an unauthorized person. Therefore, Client agrees to keep username and password details secure, discreet and secret at all times. Client shall not allow anyone else to access Client’s Account. Client is responsible for the confidentiality and use of Client’s username and password and agrees to report any theft/loss of credentials, or any unauthorized access to Client’s Account immediately by email to Walleteze client support at email@example.com. Client remains responsible for all transactions entered using Client’s username and password.
Number of Walleteze Accounts:
Walleteze may, at its sole discretion, limit the number of Walleteze Accounts that Client may hold, maintain or acquire.
Client may not assign or transfer any of Client’s rights or obligations under these Terms without prior written consent from Walleteze, including by operation of law or in connection with any change of control. Walleteze may assign or transfer any or all of its rights under these Terms, in whole or in part, by providing 7 (seven) days notice to Client.
Closing an Account:
Client may request closure of their Walleteze Account via the Walleteze internal mail system, but only if open positions are closed and any requirements from the Walleteze client support team are satisfied.
No Investment, Tax or Trading Advice:
Walleteze representatives are not authorized to provide investment, tax or trading advice, or to solicit orders. Nothing on the Walleteze website is a recommendation or solicitation to buy or sell Digital Assets. Walleteze is not responsible for any such information provided to Client by any Walleteze affiliate or any officer, director, employee, associate, or agent.
Funding Client’s Walleteze Account:
In order to complete an order or trade via the Services, Client must first load Funds to Client’s Walleteze Account using one of the approved External Accounts registered with the Services. Client may be required to verify that Client controls the External Account that Client uses to load Funds to Client’s Walleteze Account. Client may be charged fees by the External Account that Client uses to fund Client’s Walleteze Account. Walleteze is not responsible for any External Account fees or for the management or security of any External Account. Client is solely responsible for Client’s use of any External Account, and Client agrees to comply with all terms and conditions applicable to any External Account. The timing associated with a load transaction will depend in part upon the performance of the third party responsible for maintaining the applicable External Account, and Walleteze makes no guarantee regarding the amount of time it may take to load Funds into Client’s Walleteze Account.
Funding By Debit/Credit Card:
Client accepts and agrees that purchases of cryptocurrencies and tokens by debit/credit card is akin to a cash advance, and such transactions have no cancellation period, nor are such purchases refundable. Walleteze makes every attempt to prevent the possibility of fraudulent purchases by 3rd-parties through the use of multi-factor authentication methods (Client's registered cellphone will receive a time-limited code by SMS, and Client must also provide a security code from the transaction as it appears in their online card or bank account) and Client therefore expressly agrees that no such purchase will be disputed with Client's card issuer.
About Funds Held In Client’s Walleteze Account:
Client agrees that fiat money held in Client’s Walleteze Account is exclusively for the purchase of Digital Assets or withdrawal to Client’s approved External Account. Proceeds from the sale of Digital Assets will be credited/debited to Client’s fiat Account, less any transactional and/or other fees. Client acknowledges that Walleteze does not pay interest on Walleteze Account balances.
If Client requests that Walleteze load Funds into Client’s Walleteze Account from Client’s External Account or transfer Funds to Client’s External Account from Client’s Walleteze Account, Client authorizes Walleteze to execute such transaction via the Services.
In some cases, the External Account may reject Client’s transaction or may otherwise be unavailable. Client agrees that Client will not hold Walleteze liable for any damages resulting from such rejected transactions.
Remaining funds after account termination (normal):
After settling any outstanding charges and liabilities owed to Walleteze, Client will be required to withdraw the account balance within 5 (five) business days.
Remaining funds after account termination (fraud/AML/violation of terms):
Walleteze will maintain full custody of funds and Client data/information, which may be turned over to authorities in the event of account suspension/closure arising from fraud investigations, AML investigations or violation of Walleteze’s Terms (eg. trading with Walleteze from a sanctioned country), or if warranted by authorities.
Client acknowledges that it may not be possible to cancel/modify an order and that Client is responsible for executions notwithstanding a cancel/modify request. Client may only cancel an order initiated via the Services if such cancellation occurs before Walleteze executes the transaction. Once Client’s order has been executed, Client cannot change, withdraw or cancel Client’s authorization for Walleteze to complete such transaction. If an order has been partially fulfilled, Client may cancel the unfulfilled portion unless the order relates to a market trade. Walleteze reserves the right to refuse any cancellation request associated with a market order once Client has submitted such order. Trades are irreversible once initiated. Client does not have the right to reverse a trade. Walleteze reserves the right to suspend or freeze any Order if there is any perceived breach of these Terms by Client.
Client understands and agrees that the term of any offer made and listed by Client on Walleteze shall be 7 (seven) days. The offer shall automatically expire 7 (seven) days after the initial listing if it is not fulfilled within that period. Expired offers will be removed from the listing by Walleteze.
Client agrees to monitor each order until Walleteze confirms execution or cancellation. Client acknowledges that confirmations of executions or cancellations may be delayed or may be erroneous (e.g. due to computer system issues) or may be cancelled/adjusted by an exchange. Client is bound by the actual order execution if consistent with Client’s order. If Walleteze confirms execution or cancellation in error and Client delays reporting such error, Walleteze reserves the right to remove the trade from the Account or require Client to accept the trade, at Walleteze’s discretion.
Client agrees to notify Walleteze immediately by telephone or electronically through client support [firstname.lastname@example.org] if:
- Client fails to receive an accurate confirmation of an execution or cancellation;
- Client receives a confirmation that is different to Client’s order;
- Client receives a confirmation for an order that Client did not place; or
- Client receives an Account statement, confirmation or other information reflecting inaccurate orders, trades, balances, positions, margin status or transaction history.
Client acknowledges that Walleteze may adjust Client’s Account to correct any error, and agrees to promptly return to Walleteze any assets erroneously distributed to Client.
Once the Services execute Client’s trade, an electronic confirmation will be sent via the Services detailing the particulars of the trade. Client acknowledges and agrees that failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such trade.
Consent to Electronic Delivery:
Client agrees and consents to electronically receive all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”) that Walleteze provides in connection with Client’s Walleteze Account and/or use of the Walleteze Services. Client agrees that Walleteze may provide these Communications to Client by posting via the Services, by emailing them to Client at the email address provided by Client. Client should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. Client may also contact Walleteze via email to email@example.com in order to request additional electronic copies of Communications or, paper copies of Communications for a fee that may be levied by Walleteze.
Requesting Paper Copies:
If, after Client consents to receive Communications electronically, Client would like a paper copy of a Communication previously sent to Client, Client may request a copy within 30 days of the Communication date by contacting client support at firstname.lastname@example.org. In order for Walleteze to send paper copies to Client, Client must have a current and complete physical address on file with Walleteze. Please note that Walleteze operates exclusively online and it is very burdensome for Walleteze to produce paper copies of Communications. Therefore, if Client requests a paper copy, Client understands and agrees that Walleteze may charge Client a nominal processing fee for each page of Communication requested and for courier fees.
Updating Contact Information:
It is Client’s responsibility to keep Client’s current email address and mobile telephone number on file with Walleteze so that Walleteze can communicate with Client electronically. Client understands and agrees that if Walleteze sends Client an electronic Communication but Client does not receive it because Client’s email address or mobile phone number on file is incorrect, out of date, blocked by Client’s service provider, or Client is otherwise unable to receive electronic Communications, Walleteze will be deemed to have provided the Communication to Client. Please note that if Client uses a spam filter that blocks or re-routes emails from senders not listed in Client’s email address book, Client must add Walleteze to Client’s email address book so that Client will be able to receive Communications from Walleteze. Client can update Client’s email address, mobile telephone number and street address at any time by logging into Client’s Walleteze Account. If Client’s email address or mobile telephone number becomes invalid such that electronic Communications sent to Client by Walleteze are returned, Walleteze may deem Client’s Account to be inactive, and Client may not be able to complete any transaction via the Services until a valid, working email address or mobile telephone number has been provided by Client.
If Walleteze, at its sole discretion, believes that Client’s Account has been involved in fraud or crime or violation of laws or regulations, or has been accessed unlawfully, or is otherwise involved in suspicious activity (whether victim or perpetrator or otherwise), Walleteze may suspend or freeze Client’s Account and/or any privileges of Client’s Account, may freeze or liquidate funds or assets, or may utilize any of the remedies in this Agreement for a “Default”.
Without limiting the generality of the foregoing, Client agrees that Client will not:
Anti Hacking Measures:
- use Walleteze Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- use the Services to pay for, support or otherwise engage in any illegal activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
- use any robot, spider, crawler, scraper, scooter or other automated means or interface not provided by Walleteze to access the Services or to extract data;
- use or attempt to use another’s Account without authorization;
- attempt to circumvent any content filtering techniques Walleteze employs, or attempt to access any service or areas of the Services that clients are not authorized to access;
- develop any third-party applications that interact with Walleteze Services without the prior written consent of Walleteze;
- provide false, inaccurate, or misleading information; or
- encourage or induce any third party to engage in any of the activities prohibited under this Section.
Walleteze employs up-to-date security measures, as per industry standards to prevent hacking. To prevent hacking and to absolve Walleteze of any liability for hacking of accounts beyond Walleteze’s control, Client agrees to the following:
- to make a complex set of passwords for their accounts;
- to change passwords periodically;
- to keep passwords secret and confidential;
- to immediately report any suspicious activity to Walleteze via email@example.com; and
to limit funds parked with Walleteze to amounts reasonably required for trading.
Client understands that successful hacking attempts may occur despite security measures implemented by Walleteze and is mindful of situations existing in this digital era. Client agrees that usage of Walleteze Services is entirely at Client’s risk, and consequently agrees not to hold Walleteze responsible and to absolve Walleteze from any liability stemming from successful hacking attempts which may result in the loss of Client’s funds. Walleteze shall not be responsible for damages and/or losses resulting from hacking.
Account freezing and suspension:
Walleteze may suspend Client’s account if Client is alleged to be in violation of any terms or conditions or subject to criminal or civil investigations or legal proceedings stemming from or related to fraudulent transactions, money laundering, hacking, or any other illegal activity, for the period of investigations or legal proceedings.
Walleteze may permanently block Client’s account if Client is found guilty of fraudulent transactions, money laundering, hacking, violation of any terms or conditions or any other illegal activity.
Client’s account will be frozen by Walleteze if so directed by law enforcement authorities.
Discontinuance of Service:
Walleteze may, at its sole discretion and without liability to Client, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any or all portion(s) of the Services.
It is Client’s responsibility to determine what, if any, taxes apply to the trades Client completes via the Services, and it is Client’s responsibility to report and remit the correct tax to the appropriate tax authority. Client agrees that Walleteze is not responsible for determining whether taxes apply to Client’s trades or for collecting, reporting, withholding or remitting any taxes arising from any trades.
Copyrights and Other Intellectual Property Rights:
Unless otherwise indicated by Walleteze, all copyright and other intellectual property rights in all content and other materials contained on the Walleteze website or provided in connection with the Services, including, without limitation, the Walleteze logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Walleteze Materials”) are the proprietary property of Walleteze or its licensees and are protected by international copyright laws and other intellectual property rights laws.
“Walleteze”, the Walleteze logo and any other Walleteze product or service names, logos or slogans that may appear in the Services are trademarks of Walleteze and may not be copied, imitated or used, in whole or in part, without prior written permission from Walleteze. Client may not use any trademark, product or service name of Walleteze without prior written permission from Walleteze, including without limitation any metatags or other “hidden text” utilizing any trademark, product or service name of Walleteze. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts are the service mark, trademark and/or trade dress of Walleteze and may not be copied, imitated or used, in whole or in part, without prior written permission from Walleteze. All other trademarks, registered trademarks, product names and company names or logos mentioned within the Services are the property of their respective owners. Reference to any products, Services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Walleteze.
Commissions and Fees, Interest Charges, Funds:
Commissions and fees shall be as specified on the Walleteze website unless otherwise agreed in writing by an authorized officer of Walleteze. Client acknowledges that Walleteze deducts commissions/fees from Client Accounts, which will reduce Account equity. Changes to commissions/fees are effective immediately upon either posting on the Walleteze website or notice by email to Client or other written notice to Client. Client funds will only be disbursed after the transactions are settled. Terms and conditions for deposit and withdrawal of funds (including holding periods) are as specified on the Walleteze website.
Client acknowledges and agrees that Client shall access and use the Services at Client’s own risk. The risk of loss in trading Digital Assets and Legal Tenders can be substantial. Client should, therefore, carefully consider whether such trading is suitable for Client in light of Client’s circumstances and financial resources. Client should be aware of the following points:
Disclaimer of Warranties:
- Client may sustain a total loss of the Funds in Client’s Walleteze Account and, in some cases, Client may incur losses beyond such Funds; and
- Walleteze does not offer “negative balance protection” so repayment of any negative balance amount is required immediately.
Except as expressly provided to the contrary in a writing by Walleteze, Services are provided on an “as is” and “as available” basis. Walleteze expressly disclaims and Client waives all warranties of any kind, whether express or implied including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to Walleteze Services including but not limited to the information, content and materials contained therein. Client acknowledges that information which Client stores or transfers through the Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes including software failures, protocol changes by third party providers, internet outages, force majeure events or other disasters including third party DDoS attacks, scheduled or unscheduled maintenance, or other causes which may be outside the control of Walleteze. Client is solely responsible for backing-up and maintaining duplicate copies of any information Client stores or transfers through the Services.
Limitation of Liability:
Except as otherwise required by law, in no event shall Walleteze’s directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Services or the Walleteze materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from Walleteze, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to Walleteze’s records, programs or Services.
Walleteze has the right, at its sole discretion, to control any indemnity action or proceeding and determine whether it wishes to settle it. Client agrees to defend, indemnify and hold harmless Walleteze (and each of its officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation attorneys’ fees, arising out of or relating to:
Dispute resolution and applicable law:
- Client’s use of, or conduct in connection with Walleteze’s Services;
- any public Feedback that Client provides;
- Client’s violation of these Terms and conditions;
- Client’s violation of any rights of any third party or Client’s actions resulting in any loss to any third party; and
- Client’s breach of any laws, regulations or rules.
This Agreement is governed by the laws of The Republic of Estonia. Courts of The Republic of Estonia have exclusive jurisdiction over disputes relating to this Agreement, except when arbitration is provided. IN ALL JUDICIAL ACTIONS, ARBITRATIONS OR DISPUTE RESOLUTION METHODS, THE PARTIES WAIVE ANY RIGHT TO PUNITIVE DAMAGES.
Client agrees that any controversy, dispute, claim, or grievance between Client and Walleteze or any Walleteze affiliate or any of the shareholders, officers, directors, employees, associates, or agents on the one hand and Client or, if applicable, Client’s shareholders, officers, directors employees, associates, or agents on the other hand, arising out of, or relating to, this Agreement, or any Account(s) established hereunder in which digital assets may be traded; any transactions therein; any transactions between Walleteze and Client; any provision of the Client Agreement or any other agreement between Walleteze and Client; or any breach of such transactions or agreements, shall be resolved first and foremost through negotiations. Should such negotiations fail both parties will refer the matter to arbitration in the Estonian Court of Arbitration in the Chamber of Commerce and Industry. The award of the arbitrator shall be final, and judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction.