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The text as of 28.01.2019

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE APPLICATION AND THE WEBSITE.

 

This document contains information explaining Your rights to access and use the Application and the Website (both as defined below) and constitutes a binding agreement between You and Currency.com.

 

1. DEFINITIONS AND INTERPRETATIONS

“Application”, “Platform”means a digital sign (token) (hereinafter - token) trading web platform owned and operated by Currency.com and available at the Website, which enables its users to perform token sale-purchase transactions, and to trade one type of cryptocurrency for another type of cryptocurrency, and perform other transactions with tokens in accordance with applicable law. The Application does not provide users with the ability to trade one form of fiat currency for another form of fiat currency.

"Business Day"means any day except for Saturday, Sunday and any day on which banks in the Republic of Belarus are closed (do not perform banking operations).

“Currency.com” (Company)means Currency Com Bel Limited Liability Company, a company registered in the Republic of Belarus under No. 193130368.

“Currency.com Account”, “Account”means the account You hold in the Application.

“External Account”means current (settlement) bank account, electronic wallet, address (identifier) of a virtual wallet to which you request a transfer of money, transfer of electronic money, transfer of tokens, in the process of money, electronic money, tokens withdrawal (as the result of actions, under the terms of “Withdrawal”).

“Verification” means a set of measures to validate the data obtained during the identification.

“Intellectual Property Rights“mean all copyright and rights in the nature of copyright, design rights, patents, trademarks, database rights, applications for any of the above, moral rights, rights in confidential information, know-how, domain names, future intellectual property rights and any other intellectual rights (and any licences in connection with any of the same) whether or not registered or capable of registration.

"Services"mean services of providing You with the Application, including giving the permission to use the Application, organizing tokens trading.

“T&C”, “Terms”mean these Terms and Conditions of Use of the Cryptoplatform (Trading Platform) and the Website as varied and amended by Us from time to time at its sole discretion.

"You"and “Your” or “Client”relates to you, the user of the Application (client of “Currency Com Bel” LLC).

"We", “Our”and “Us” relates to Currency.com.

“Tokenised exchange-traded asset” (hereinafter - Tokenised asset) is a token, the value of which corresponds to the price (value) of a certain asset (a security, precious metal, etc.) and certifies the right of the owner of the token to demand from the person who has placed it1 to acquire (ensure acquisition of) this token at the price (value) that the said asset has at the moment of satisfying this demand. The term “Tokenised assets” does not apply to the tokens representing currencies (Fiat currency tokens).

“Leverage-operation” is is an operation performed on the Platform in accordance with Section 6 of these T&C, as a result of which You acquire (You have) the ownership of the tokens that You have not fully paid for, with a special procedure for disposing of these tokens.

"Website" means www.currency.com, www.currencycom.by.

The terms indicated on the virtual “buttons” and other elements of the graphical interface used on the Website and on the Platform will have the following meaning and will mean the following actions when using them (if they are to be used):

“Buy”- means to exchange Your Fiat currency token or cryptocurrency to the token in accordance with the order as well as buy a Fiat currency token for money (electronic money).

“Sell”– means to exchange Your token to the Fiat currency token or cryptocurrency in accordance with the order as well as sell a Fiat currency token for money (electronic money).

“Margin”- amount of funds required to place an order when performing Leverage-operations in a form of prepayment for purchased tokens. At the same time, the amount of the Margin may vary depending on how the price of the token on which the request is placed changes.

“Leverage”- means the ratio of the Margin to the total cost of the purchased tokens necessary for sending the order when performing Leverage-operations. At the same time, the prepayment amount may vary depending on how the price of the asset on which the order is placed changes.

“Shares”– Tokenised assets, that at each time point have a price equal to the price of the corresponding share, the price of which they represent.

“Indices”– Tokenised assets, that at each time point have a price equal to the price of the corresponding index, the price of which they represent.

“Fiat currencies”, “Fiat currency tokens”- token representing fiat currencies, such as the US dollar, Euro, Russian ruble and Belarusian ruble.

“Deposit”- means to transfer money, transfer electronic money, transfer tokens to the current (settlement) bank account, e-wallet, address (identifier) of the virtual wallet of the Company for the purposes of transaction performing on the Platform.

“Withdraw”- means to commit actions leading to creation of obligation of the Company to money transfer, transfer of electronic money, transfer of tokens to an External Account.

“Commodities”– Tokenised assets, that at each time point have a price equal to the price of the corresponding commodity, the price of which they represent.

Other terms are used as meant in the legislation of the Republic of Belarus and acts of the Supervisory Board of the High-Tech Park.

2. APPLICATION OF THESE TERMS

2.1 Acceptance

By using the Application or the Website, You agree to be bound by these T&C, which shall take effect immediately upon Your first use of the Application or the Website respectively. If You do not agree to be bound by these T&C then please do not access or use the Application or the Website respectively.

You also agree to comply with the following documents (as well as being legally bound by them):

● General Terms for Digital Token (Token) Sale;

● Contract for participation in tokens trading.

You further acknowledge that Your failure to comply with these T&C may result in disqualification and/or legal action against You as deemed appropriate and as more particularly detailed below.

2.2 Prevailing terms

The Russian language version of these T&C shall be the prevailing version in the event of any discrepancy between any translated versions of these T&C.

2.3 Amendments

2.3.1 Each Party shall have the right to terminate these Terms at any time at its sole and absolute discretion by means of a unilateral extrajudicial refusal to perform it, expressed by sending the other Party a notice of such refusal in the manner specified in the Terms. The Agreement shall be deemed to be terminated on the date of receipt by the Recipient Party of the relevant notice.

2.3.2 The Company is not entitled to unilaterally and extrajudicially refuse to fulfill the obligations on own tokens of the Company created by it or on its behalf by another person and placed by the Company, as well as terminate unilaterally and extrajudicially the effect of the relevant White Paper Declaration approved by the head of the Company, in the presence of these tokens in circulation.

2.3.3 In the event of termination of the Terms, Your funds, tokens of the held by the Company shall be transferred by the Company to You at its request after deduction of the amounts of remuneration due to the Company, the expenses incurred by the Company in connection with such transfer and the amounts of losses incurred by the Company in connection with such transfer and the amounts of damage caused by You, provided that the transfer is not hindered by the taking measures in the field of prevention of money laundering, financing of terrorist activities and proliferation of weapons of mass destruction.

2.3.4 The Company has the right to unilaterally and extrajudicially amend the Terms at any time at its sole and absolute discretion, except for the White Paper Declaration approved by the head of the Company, which will be amended in cases provided for in the acts of the Supervisory Board of the High Technologies Park. In these cases, the Company will amend this declaration unilaterally and extrajudicially. The Terms shall be amended unilaterally and extrajudicially by posting the amended text of the terms on the Company’s website on the Internet with posting of the notice thereof in the Your Account and (or) by sending such notice in the manner specified in these Terms. The Terms shall be deemed to have been amended three days after the moment the said notice appears in the Your Account or after the moment of receipt by it of such notice (in case it is sent by other means), unless the Company includes another term.

3. RISK DISCLOSURE

3.1 You hereby confirm Your understanding that the nature of the Services and any transactions involving cryptocurrencies may be risky. You understand and accept the risks related to purchase and sale of cryptocurrency via the Services.

3.2 By accepting and (or) complying with the T&C, You acknowledge that You have read the following risk information disclosed by the Company and that You accept these risks:

3.2.1 tokens are not legal tender and are not required to be accepted as a means of payment;

3.2.2 the Republic of Belarus, its administrative and territorial units, the Supervisory Board of the High Technologies Park and the administration of the High Technologies Park are not liable to token owners for their technical and legal properties, both as declared during their creation and placement and necessary for token owners to achieve the goals they set when acquiring tokens;

3.2.3 tokens are not granted by the state;

3.2.4 acquisition of tokens may lead to complete loss of Funds and other objects of civil rights (investments) transferred in exchange for tokens (including as a result of token cost volatility; technical failures (errors); illegal actions, including theft);

3.2.5 the technology of the register of transaction blocks (blockchain), other distributed information system and similar technologies are innovative and constantly updated, which implies the need for periodic updates (periodic improvement) of the Information System and the risk of technical failures (errors) in its operation;

3.2.6 certain tokens alienated by the Company may be of value only when using the Information System and (or) the Company’s services;

3.2.7 as the attitude of different states (their regulators) to token transactions (operations) and approaches to their legal regulation differ from jurisdiction to jurisdiction, there is a risk that the Agreement or its particular conditions may be invalid and (or) unenforceable in certain states.

3.3 You should carefully consider whether trading in cryptocurrencies is suitable for You in light of Your circumstances and financial resources.

3.4 In addition to the risks specified in paragraph 3.2, risks of trading in cryptocurrencies include, but are not limited to, the following:

3.4.1 Trading Risks

(a) The cryptocurrency market is still new and uncertain. The prices of cryptocurrencies are highly volatile and can shift quickly. You should be prepared to lose all or substantially all of Your assets when trading in cryptocurrencies.

(b) Cryptocurrency markets have varying degrees of liquidity. Some are quite liquid while others may be thinner. Thin markets can amplify volatility. There is never a guarantee that there will be an active market for one to sell, buy, or trade cryptocurrencies or products derived from or ancillary to them. Furthermore, any cryptocurrency market may abruptly appear and vanish. We make no representations or warranties about whether cryptocurrency that may be traded on the Application may be traded on the Application any point in the future, if at all. Any cryptocurrency is subject to delisting without notice or consent.

3.4.2 Legal Risks

(c) The legal status of cryptocurrencies may be uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how one or more cryptocurrencies constitute property, or assets, or rights of any kind may also seem unclear. You are responsible for knowing and understanding how cryptocurrencies are addressed, regulated, and taxed under applicable law of the state, the citizen (subject) of whom you are, or in whose territory you reside.

3.4.3 Security Risks

(d) You acknowledge that having cryptocurrencies on deposit and trading in them create certain security risks including, but not limited to various security breaches or targeted hacking attacks. You acknowledge that We shall not be responsible for any loss, theft, failures, disruptions, errors, distortions or delays You may experience when trading via the Application, except in cases where such losses, thefts, failures, violations, errors, distortion or delay occurred due to Our fault.

3.5 You acknowledge and agree that Currency.com can itself be the participant of trades in the Application. We are obliged to manage and mitigate any conflict of interest risks arising out of Our trading in cryptocurrency with You using the Application.

4. USAGE REQUIREMENTS

4.1 To be eligible to use the Application, You must be:

(a) at least 18 years old;

(b) be registered, domiciled or located in, or resident of, a country where using the Application (in particular, trading in cryptocurrencies) is not contrary to local laws and regulations;

(c) be citizen of, or permanently reside in, a country not being in the list of jurisdictions where We do not provide the Services (“Prohibited Jurisdictions”).

4.2 To use the Application You need to register Currency.com Account. To register Currency.com Account You should:

(a) provide Your full name, citizenship, date and place of birth, the place of domicile, requisites of identification document, e-mail address;

(b) create a secure passcode.

4.3 You are not permitted to register more than one Currency.com Account.

4.4 You shall also undergo identity and address identification procedures before You are permitted to use the Application. You agree:

(a) to provide Us with the information We request for the purposes of Your identification and verification and excluding of facts of unfair or illegal behavior on the Platform and permit Us to keep a record of such information.

(b) that We are authorised to make the inquiries, whether directly or through third parties, that We consider necessary to identify Your identity and address or protect You and/or Us against fraud or other financial crime, and to take action We reasonably deem necessary based on the results of such inquiries. When We carry out these inquiries You acknowledge and agree that Your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to Our inquiries in full. You acknowledge that We also may engage third-party providers to conduct all the verification procedures We require and disclose to such providers any data We receive from You for registration and verification of Your Currency.com Account.

(c) that You are responsible for keeping Your e-mail address up-to-date in Your Currency.com Account Profile in order to receive any notices or alerts that We may send You.

4.5 We are also entitled in Our sole discretion to conduct competency checks in order to evaluate whether You possess sufficient skills and knowledge to trade cryptocurrency using the Application. In case We conclude that You do not possess sufficient skills and knowledge We consider necessary We will refuse to open Currency.com Account for You.

4.6 We will assess and verify the provided information and documentation and, if everything is in line with Our internal procedures, Your Currency.com Account registration will be approved.

The data provided by you during identification is subject to Verification in the course of which measures may be taken to prevent the legalization of criminal proceeds, the financing of terrorist activities and the financing of the proliferation of weapons of mass destruction.

4.7 We may, at Our sole discretion, at any time during Your usage of the Application request some information and documentation in addition to those provided within registration of Your Currency.com Account, in particular, when We suspect certain criminal or unauthorized activity is taking place via Your Currency.com Account.

4.8 We may periodically review (update) the information and documents provided by You within identification or verification process and ask You to update them. You are obliged to promptly (within three calendar days) reply to such requests. In case You do not provide Us with requested updates We may take measures mentioned in Clause 17.1 of this Document.

4.9 You represent and warrant that all the information and documents You provide to Us with regard to the Services are true, accurate, up-to-date, authentic and belong to You.

4.10 In accordance with these T&C, You must notify the Company about changes in the data (information) specified in clauses 4.2 and 4.4 within a period not exceeding three days from the date the corresponding changes occurred.

4.11 We may, at our sole discretion, refuse to open a Currency.com Account for You. These T&C are not a public agreement or contract of adhesion. The Company is not obliged to provide Services to anyone who applies and has the right, without giving reasons, to refuse registration on the Platform and not to provide Services to the applicant.

4.12 We do not guarantee that the Application can be used on any particular device.

5. DEPOSITING FUNDS

5.1 You can deposit money, electronic money, tokens to Your Currency.com Account using the External Accounts You indicated in the Application. To be deposited money, electronic money or tokens should be supported by the Application.

Depositing of money, electronic money is carried out by making Your purchase of Fiat currency tokens.

As a result of such a purchase in Your Account, the corresponding number of Fiat currency tokens is taken into account.

Tokens are deposited by transferring tokens from Your address (identifier) of the virtual wallet to the Company's address (identifier) of the virtual wallet.

For depositing money, electronic money, You fill out an order to purchase Fiat currency tokens, according to the results of the execution by the Company of such order the Fiat currency tokens are accounted for you on Your Account.

For example, if You make a deposit money or electronic money in US dollars, after depositing funds in Your account (account), You will get to Account Fiat currency tokens USD.cx

5.2 We reserve the right not to accept money, electronic money or tokens from You, as well as change the list of ways by which You can deposit money to Your Account at any time and at our own sole discretion.

5.3 You can pay for Fiat currency tokens using a credit or debit card, via a bank transfer or other methods available in the Application. Some depositing method may not be available to You. The availability of a particular depositing method depends on a number of factors including, for example, where You are located, the identification information You have provided to Us, and limitations imposed by third party payment processors.

5.4 The timing associated with loading funds into Your Currency.com Account will depend in part upon the performance of third parties responsible for maintaining the applicable External Account, and We make no guarantee regarding the amount of time it may take to load funds into Your Currency.com Account.

5.5 You represent and warrant that:

(a) External Accounts and money, electronic money, tokens which You deposited to the Currency.com Account belong to You. No third-party payments will be accepted. You cannot use cards, bank accounts and/or wallets of third parties to deposit funds to Your Currency.com Account. It means that it should be easily traceable that the deposited funds come from You;

(b) money, electronic money, tokens which You deposited to the Currency.com Account are derived from legal sources.

5.6 You acknowledge that We reserve the right to verify Your compliance with this Clause at any time within Your usage of the Services, in particular by the following means:

(a) requesting a documentary confirmation of the source of funds and/or the ownership of the incoming funds and External Accounts;

(b) using special API or other software enabling to identify money laundering, financing terrorist activities and financing the proliferation of weapons of mass destruction using money, electronic money and tokens and other risks associated with the incoming funds, in particular, to analyse the history of using Your External Accounts, their connection with other accounts and transactions and to define the risk of using such External Accounts for illegal activities;

(c) requesting information from third parties, like payment and banking institutions.

5.7 In case You are unable to provide Us with the documentary prove required or We have other reasons to suspect Your non-compliance with this Clause, We shall do any of the following: (1) reject loading of funds to Your Currency.com Account, or (2) not approve the external account as a valid External Account for loading and withdrawing funds (exclude the external account from the list of approved External Accounts); (3) return the deposited amount deducted by the amount of transaction fees to the same External Account We received them from, (4) block (freeze) funds held on Your Currency.com Account, or (5) suspend or block transactions authorized via YourCurrency.com Account, (6) we will refuse to transfer to your address (identifier) of the virtual wallet of tokens that are subject to such transfer, (7) We will refuse to execute Your order on subtracting the number of tokens from the total number of tokens, which is accounted for You in Your Account in the Platform, and adding the subtracted number of tokens to the number of tokens that is accounted for by another Client on the Account in the Platform.

6. TYPE OF ORDERS AND THEIR EXECUTION

6.1 You send an order to Us purchase/sell/exchange cryptocurrency by clicking the "Buy" or "Sell" button in the Application or performing other actions, stipulated in these T&C and (or) in the interface of the Application.

6.2 Orders are sent by You to participate in the tokens trading or for the acquisition or alienation of tokens outside the tokens trading. At the tokens auction, your application is executed if there is a counter order with overlapping price conditions. Outside of token trading Your application is executed if it is accepted by the Company.

6.3 To perform a Leverage-operation, You need to go to the “Leverage” tab on the Platform and select a token (Tokenised asset or cryptocurrency), the title of ownership to which You wish to acquire as the result of this operation. Having chosen a token, You need to open the window to send the order by pressing the virtual “Buy” button. In this window, You select the conditions for making the corresponding token exchange transaction.

As a result of the Leverage-operation, You acquire title of ownership of tokens that You have not fully paid. Partial payment of purchased tokens is made by You in the form of prepayment, which is made by reserving (blocking) by the Company of the appropriate size (number) of Your tokens held by the Company within your Account. Prepayment, depending on the type of tokens You purchase, is made by You in Fiat currency tokens or cryptocurrency.

The initial amount of the prepayment is different from the supported amount of the prepayment. The latter may vary depending on the change in the price of tokens acquired during the Leverage-operation.

Until full payment of the tokens that are the object of the Leverage-operation, You are not entitled to declare the requirement to transfer the tokens to Your address (identifier) of the virtual wallet ​​(outside the Platform), or dispose of them in any other way than to sell to the Company under a similar exchange agreement, unless otherwise expressly expressed by the Company. If You sell these tokens to the Company (send an appropriate offer to it), then the Company is obliged to conclude with You the named exchange contract (accept your offer); at the same time, the title of ownership of the tokens You sell goes to the Company and set-off is performed, as a result of which You receive income or incur a loss depending on the direction of change in the price of the tokens sold.

You have the right to make full payment of tokens acquired during performance of the Leverage-operation (by adding the difference between the Margin and the total cost of the tokens acquired as a result of the Leverage-operation). At the same time, after full payment, You can withdraw tokens to Your address (identifier) of the virtual wallet (outside the Platform) and otherwise dispose such tokens at Your discretion.

If in a situation in which the tokens acquired during the Leverage-operation are not fully paid, the price for them falls in such a way that You “get loss” (which means that You lose more than the size of your prepayment), then automatically the Platform makes a “buyout” (with the set-off) from You under a similar exchange contract of Your tokens, that were not fully paid during the relevant Leverage-operation, at the time of the specified price reduction, as a result of which You suffer a loss in the amount of prepayment and not more than that. The Company's right to conduct the aforementioned “automatic buyout” is based on the fact that You provide the Company with an irrevocable offer, which can be accepted by the Company including through the automatic commission of the said “buyout”.

6.4 The Application permits to make acquisition and alienation transactions, using the following types of orders (as defined under the “subject of contract” criteria):

1) order for the purchase of Fiat currency tokens;

2) order for the sale of Fiat currency tokens;

3) order for tokens deposit;

4) order for tokens withdrawal;

5) order for the acquisition of Tokenised assets under an exchange agreement;

6) order for the alienation of Tokenised assets under an exchange agreement;

7) order for the acquisition of Tokenised assets under an exchange agreement under the Leverage-operation terms;

8) order for the alienation of the Tokenised assets under an exchange agreement under the Leverage-operation terms;

9) order for the acquisition of cryptocurrency under an exchange agreement;

10) order for the alienation of cryptocurrencies under an exchange agreement;

11) order for the acquisition of cryptocurrency under an exchange agreement under Leverage-operation terms;

12) order for the alienation of cryptocurrency under an exchange agreement under Leverage-operation terms;

13) other types of orders, which are allowed under the functionality of the Platform.

(a) Order for the purchase of Fiat currency tokensis sent by You to perform deposit of money (electronic money). On the basis of this order You purchase from the Company the Fiat currency tokens for fiat currencies, these tokens represent. This order is sent by You via clicking “Deposit” (the “Menu” tab on the Platform) while choosing as an Account deposit method depositing of money (electronic money). The number of purchased units of Fiat currency tokens corresponds to the number of units of currency paid for them, represented by these tokens. The type of purchased tokens and the number of units of corresponding currencies paid for them (which corresponds to the number of tokens purchased) are selected by You in the window of the specified order on the Platform. Immediately after the acceptance of this order by the Company, an electronic message is sent to You confirming the fact of acceptance in the form “Tokens bought” and the corresponding number of tokens purchased by You is displayed in Your Account. The Company accepts the considered order after the actual receipt of the units of the relevant currency in the current (settlement) bank account of the Company.

(b) Order for the sale of Fiat currency tokens is sent by You to receive money (electronic money) as a result of the sale of Fiat currency tokens to your External account. On its basis, You make a sale of Fiat currency tokens to the Company and receive the currencies represented by these tokens. This request is sent by You by pressing the "Withdraw" (the "Menu" tab on the Platform) with the choice of withdrawing money (electronic money) as a method of withdrawing funds from your Account (account). The amount of money (electronic money) received during the sale of Fiat currency tokens corresponds to the number of Fiat currency tokens. The type of tokens sold and the amount of money (electronic money) paid for them (which corresponds to the number of tokens sold) are selected by you in the specified application window on the Platform. Immediately after the acceptance of this order by the Company, an electronic message is sent to You confirming the fact of acceptance in the form “Tokens sold” and the corresponding number of tokens sold by You is displayed in Your Account. The terms for Your receipt of money (electronic money) to Your External accounts are established by these T&C.

(c) Order for tokens deposit is sent by You to make the deposit of tokens. On the basis of it, You transfer tokens from Your address (identifier) of the virtual wallet to the address (identifier) of the virtual wallet of the Company. This order is sent by You by clicking the virtual button "Deposit" (the "Menu" tab on the Platform) with the choice of tokens as a method of depositing the Account. You select the type and number of tokens deposited in the specified application window on the Platform. Immediately after the receipt of the deposited tokens to the address (identifier) of the virtual wallet of the Company, the corresponding number of tokens You deposited is displayed in your Account (account).

(d) Order for tokens withdrawal is sent by You to make the withdrawal of tokens. On the basis of it, the Company transfer tokens from Company’s address (identifier) of the virtual wallet to Your address (identifier) of the virtual wallet. This order is sent by You by clicking the virtual button "Withdraw" (the "Menu" tab on the Platform) with the choice of tokens as a method of withdrawing the Account. You select the type and number of tokens withdrawn in the specified application window on the Platform. The terms for Your receipt of tokens to Your address (identifier) of the virtual wallet are established by these T&C.

(e) Order for the acquisition of Tokenised assets under an exchange agreementis sent by You for the acquisition of Tokenised assets in exchange for Your Fiat currency tokens or other tokens (other than Tokenised assets) on the tokens trading. An order for the acquisition of Tokenised assets under an exchange agreement is:

- an offer indicating the name and the number of Fiat currency tokens or other tokens (except for Tokenised assets) alienated under the exchange agreement and indicating the name and number of Tokenised assets that You want to receive as a consideration under such exchange agreement;

- the will to accept the offer of another tokens trading participant, providing the transfer of the same consideration for receiving the same Fiat currency tokens or other tokens (except for Tokenised assets), which are indicated in Your offer in accordance with paragraph two of this subparagraph (e).

This order is sent by You by clicking the virtual button "Buy" (the "Menu" tab on the Platform) with the choice of tokens as a method of paying for Tokenised assets. You select the type and number of Tokenised assets in the specified application window on the Platform. The terms for Your receipt of Tokenised assets to Your Account are established by these T&C.

(f) Order for the alienation of Tokenised assets under an exchange agreementis sent by You for the alienation of Tokenised assets (acquisition of Fiat currency tokens or other tokens (except for Tokenised assets) in exchange for Your Tokenised assets) on the tokens trading. An order for the acquisition of tokens or Fiat currency tokens under an exchange agreement is:

- an offer indicating the name and the number of Tokenised assets alienated under the exchange agreement and indicating the name and number of Fiat currency tokens or other tokens (except Tokenised assets) that You want to receive as a consideration under such exchange agreement;

- the will to accept the offer of another tokens trading participant, providing the transfer of the same consideration for receiving the same Tokenised assets, which are indicated in Your offer in accordance with paragraph two of this subparagraph (f).

This order is sent by You by clicking the virtual button "Sell" (the "Menu" tab on the Platform). You select the type and number of Tokenised assets You are alienating in the specified application window on the Platform. The terms for Your receipt of tokens in exchange for Tokenised assets are established by these T&C.

(g) Order for the acquisition of Tokenised assets under an exchange agreement under Leverage-operation termsis sent by You for the acquisition of Tokenised assets from the Company in exchange for Your Fiat currency tokens or other tokens (except for Tokenised assets) that You had during a Leverage-operation. Such an order is sent directly to the Company (outside the tokens trading).

(h) Order for the alienation of the Tokenised assets under an exchange agreement under Leverage-operation termsis sent by You to the Company for the alienation of Tokenised assets that You had during a Leverage-operation (acquisition of Fiat currency tokens or other tokens (except for Tokenised assets) in exchange for the Tokenised assets that You have, received during a Leverage-operation). When performing this order the set-off is performed.

(i) Order for the acquisition of cryptocurrency under an exchange agreementis sent by You for the acquisition of cryptocurrency in exchange for Your Fiat currency tokens or other tokens (except for Tokenised assets) on the tokens trading. An order for the acquisition of cryptocurrency under an exchange agreement is:

- an offer indicating the name and the number of Fiat currency tokens or other tokens (except for Tokenised assets) alienated under the exchange agreement and indicating the name and number of cryptocurrencies that You want to receive as a consideration under such exchange agreement;

- the will to accept the offer of another tokens trading participant, providing the transfer of the same consideration for receiving the same Fiat currency tokens or other tokens (except for Tokenised assets), which are indicated in Your offer in accordance with paragraph two of this subparagraph (i).

(j) Order for the alienation of cryptocurrencies under an exchange agreementis sent by You for the alienation of cryptocurrency (acquisition of Fiat currency tokens or other tokens (except for Tokenised assets) in exchange for Your cryptocurrencies) on the tokens trading. An order for the alienation of cryptocurrency under an exchange agreement is:

- an offer indicating the name and the number of cryptocurrencies alienated under the exchange agreement and indicating the name and number of Fiat currency tokens or other tokens (except for Tokenised assets) that You want to receive as a consideration under such exchange agreement;

- the will to accept the offer of another tokens trading participant, providing the transfer of the same consideration for receiving the same cryptocurrencies, which are indicated in Your offer in accordance with paragraph two of this subparagraph (j).

(k) Order for the acquisition of cryptocurrency under an exchange agreement under Leverage-operation termsis sent by You for the acquisition of cryptocurrencies from the Company in exchange for Your Fiat currency tokens or other tokens (except for Tokenised assets) that You had during a Leverage-operation. Such an order is sent directly to the Company (outside the tokens trading).

(l) Order for the alienation of cryptocurrency under an exchange agreement under Leverage-operation termsis sent by You to the Company for the alienation of cryptocurrencies that You had during a Leverage-operation (acquisition of Fiat currency tokens or other tokens (except for Tokenised assets) in exchange for the cryptocurrencies that You have, received during a Leverage-operation). When performing this order the set-off is performed.

Under the nature of automatic execution criteria the market orders and limit orders are defined:

- if You choose a market order, We will execute the transaction at the best price available through the Application during the execution of the order. Due to the high volatility of tokens, the actual market price at which Your order is executed may differ from the maximum price indicated in the Application at the time of Your order placement. You understand that We are not responsible for any such price fluctuations. You also acknowledge and agree that price information available through the Application may differ from prices provided through other sources outside the Services.

- if You choose a limit order, We will execute it at a specific price that You indicated in the application, or at the best available price.

6.5 You will be notified via the Application once Your order is submitted or filled.

6.6 We are obliged to execute the order You submitted in the Application, unless:

(a) there are no sufficient funds on Your Currency.com Account;

(b) We are prohibited from executing an order, or are entitled not to execute the order, under applicable law, in particular laws preventing money laundering, terrorist financing, fraud, or any other criminal activity.

You acknowledge that, unless otherwise provided by applicable law, We are not obliged to provide You with reasons for not executing Your order.

(c) other cases, stipulated in the General conditions for token alienation.

6.7 Once giving Us an order to purchase/sell tokens You are not able to cancel, reverse, or change the ordered transaction, unless otherwise stated in the clause 6.8 of these T&C.

6.8 In cases as allowed by the Platform, the Client may provide additional conditions for the order, which he is entitled to change or cancel unilaterally:

- indicate a certain price for which he wants to acquire Tokenised assets or cryptocurrency (in this case, the order is accepted/performed by the Company when the Tokenized asset or cryptocurrency reaches this price (value), until the moment the price is reached the Client can unilaterally cancel this price (cost), canceling the whole order);

- indicate by the method proposed by the Client the amount of his loss from the change in the price (value) of the Tokenised asset or cryptocurrency, in the presence of which the Tokenised assets or cryptocurrency are automatically alienated by the Client to Company under a similar exchange agreement with offsetting counter-claims of the same size, (until the loss appears Client may unilaterally change or cancel this condition);

- indicate by the method proposed by the Client the amount of their income from a change in the price (value) of a Tokenised asset or cryptocurrency, in the presence of which the Tokenised assets or cryptocurrency are automatically alienated by the Client to Company under a similar exchange agreement with the performance of set-off (until the Client gets income in that amount, the Client may unilaterally change or cancel this condition).

6.9 The use of the Application may be subject to certain limits on the amount of funds You may transact or withdraw in a given period (“Transactions Limits”). You can see Your Transactions Limits (if any) in the Application. Your Transactions Limits may vary depending on Your payment method, identification and verification steps You have completed, and other factors. We reserve the right to change applicable limits as we deem necessary (including to comply with the requirements of the acts of the Supervisory Board of the High-Tech Park) without prior notice to You.

6.10 We may also impose any other conditions or restrictions upon Your use of the Services without prior notice to You (limit the number of open orders, restrict trades from certain territories, etc.).

6.11 You acknowledge and agree that We can use the funds You deposited to Your Currency.com Account to carry out transactions on Our own behalf in Our interests and in the absence of Your order for this, in case such transactions are aimed at provision of Our liquidity, i.e. getting fiat currency or cryptocurrency for the purposes of performance of Our obligations before the Application users, as well in other cases, stipulated in the agreement between You and Company.

6.12 The ownership of the tokens that are the object of a transaction with them, transfers (arises) from the time such a transaction is performed.

7. WITHDRAWING FUNDS

7.1 You can withdraw Your funds (in the form of money, electronic money, tokens) from Currency.com Account to the External Accounts at any time by sending a respective order to Us (in case this withdrawal type is supported by Us on the Platform).

The withdrawal of money, electronic money is carried out by way of selling of Your tokens that are accounted for You and the following transfer to Your current (settlement) bank account, electronic wallet.

For the withdrawal of money, electronic money, You fill out an application for the sale of tokens recorded for You on Your Account.

Tokens are withdrawn by transferring tokens from the address (identifier) of the virtual wallet of the Company to Your address (identifier) of the virtual wallet.

7.2 We will withdraw Your funds within three (3) Business Days after getting the respective request from You. However, We may reject, restrict or suspend withdrawal of funds from Your Currency.com Account in case We are entitled or obliged to do this in accordance with applicable laws preventing money laundering, financing terrorist activities, financing the proliferation of weapons of mass destruction, fraud, or any other criminal activity, in particular if We have reasonable suspicions that You are engaged in money laundering, financing terrorist activities, financing the proliferation of weapons of mass destruction, fraud, or any other financial crime. In the latter case We may not permit withdrawal of funds from Your Currency.com Account unless You successfully pass additional due diligence procedures, which We are entitled to perform.

8. ABANDONED ACCOUNTS

8.1 Currency.com Account that has not been used for more than six (6) years will be qualified as abandoned.

8.2 Abandoned Currency.com Accounts are deactivated. You will receive an automated e-mail two months prior to Currency.com Account deactivation.

8.3 If You have received a notice on Your Currency.com Account deactivation and there are funds remaining on Your Account You are obliged to withdraw the remaining funds within the next two (2) months.

8.4 In case You do not initiate withdrawal of funds within a 2-months’ period You will lose access to Your funds on Currency.com Account and We are entitled to report such funds as unclaimed, remit them, appropriate or deliver them to appropriate authorities.

9. FEES

9.1 You agree to pay Us the fees in accordance with the Terms (“Fees”). The Fees shall be visible to You via the Application and Web-site when making the respective order or action. We shall charge only the Fees mentioned in the “Fees and Charges” section and no any additional fees.

9.2 We will collect the Fees by means of withholding them from the funds held on Your Currency.com Account at the time of executing the respective order. The annual management fee shall be withheld in advance at the moment of first depositing of funds to Your Currency.com Account and shall not be returned in case of termination of these T&C or withdrawal of all the funds before the expiration of one-year term. You authorize Us, or Our designated payment processor, to charge or deduct funds held on Your Currency.com Account for any applicable Fees.

9.3 We will charge the Fees either in fiat currency or cryptocurrency (basis points (BPS) are a unit of measure to describe the percentage change in the value or rate of an instrument. 1 BPS is equivalent to 0.01% or 0.0001 in decimal form):

(a) Trading fee - 20 BPS** (0.2%) for each transaction with token;

(b) Asset under management fee (Hedging fee) - 50 BPS per annum (0.5%);

(c) Overnight fees (only for Leverage-operations) Fees may vary depending on the object of transactions with tokens.

9.4 Fees are set by Us solely on the Web-site (on the Platform) and can be changed by Us unilaterally.

9.5 You acknowledge, that when using the Services You may be subject to certain fees imposed by third-party providers (together “Third-Party Fees”):

(a) You may be charged fees by the External Accounts You use to fund Your Currency.com Account.

(b) You bear all costs for recording (confirming) transactions (operations) in the blockchain network, including expenses for paying remuneration to miners, as well as expenses for paying fees to banks and other executors of payment services (unless otherwise expressly provided for in the agreement and / or on the Website (Platform)).

We are not responsible for Third-Party Fees You may incur. Third-Party Fees will not be reflected on the transaction screens containing information regarding Your transactions in the Application. You are solely responsible for paying any such Third-Party Fees.

9.6 We do not pay interest for using Your money, electronic money, tokens, including for the amounts of prepayment (unless otherwise directly set in the agreement).

10. NO INVESTMENT ADVICE

10.1 The Application is a cryptocurrency trading platform only and does not advise its users on the merits of any particular transactions or their taxation consequences. By using the Application and the Website, You represent that You have been, are, and will be solely responsible for making Your own independent appraisal and investigations into the risks of any transaction and the underlying currencies involved in such transactions. You represent that You have sufficient knowledge, market sophistication, professional advice and experience to make Your own evaluation of the merits and risks of any transaction or any underlying currency. Currency.com gives You no warranty as to the suitability of the cryptocurrency transactions on the Application and assumes no fiduciary duty in its relations with You.

10.2 You agree that We are not responsible for determining whether or which taxes apply to Your transactions. You further agree that You are solely responsible for reporting and paying any taxes arising from Your cryptocurrency transactions on the Application.

10.3 If at any point the Application or the Website do provide information on trading recommendations, market commentary, news updates on particular cryptocurrency coins, advertisements about new cryptocurrencies, or any other information, the act of doing so is incidental to Your relationship with Us and imposes no obligation of due diligence on behalf of Us. All such information is provided to You for informational purposes only and is not intended for trading or investment purposes. We do not endorse or promote any particular cryptocurrency and give no representation, warranty, or guarantee as to the accuracy or completeness of any such information or as to the tax consequences of any transaction You may enter into based on such information. We shall not be responsible or liable for any trading or investment decisions You make based on such information. You are solely responsible for determining whether any investment or transaction is appropriate for You based on Your own independent research, Your personal investment objectives, Your financial situation, and risk tolerance.

11. PRIVACY POLICY

11.1 We process all the data We receive from You within registration and verification process or while using the Application in strict compliance with Our Privacy Policy, which is the integral part of these T&C. By accepting these T&C You agree to Our Privacy Policy.

11.2 We do not collect any personal data about visitors of the Website, except for cookies, collection and further processing of which is governed by a separate Cookies Policy.

11.3 By accepting these T&C in the ways described above, You agree to the processing of Your personal data in accordance with the Privacy Policyin order to comply with these T&C and other related purposes in any way that We deem necessary to apply.

12. GRANT OF LICENCE / INTELLECTUAL PROPERTY

12.1 All copyrights, trade secrets, patents, and other Intellectual Property Rights in and to the Application and the Website, including their interface, features and functionality, belong to and remain with Us or Our licensors. You do not gain any rights to the Application or the Website due to using them.

12.2 Subject to Your compliance with these T&C, We grant You a personal, non-transferable, revocable and non-exclusive right to use the Application and the Website for Your personal, non-commercial use and not for resale or further distribution. Your right to use the Application and the Website is limited by the terms and is subject to the obligations set forth in these T&C.

12.3 As a part of the Services, Currency.com makes available to You various content via the Application and the Website, including graphics, charts, order books, logos, trademarks, images, news articles and any other content (“Content”). The Content is the property of Currency.com or Our suppliers, and You do not gain any rights to the Content due to using the Application or the Website. Subject to Your compliance with these T&C, We grant You a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view the Content available via the Application and the Website. You can use the Content only for Your personal or internal business purposes.

12.4 Under no circumstances may You use the Intellectual Property Rights in the Application, the Website or the Content without the prior written consent of Currency.com and the respective copyright owners.

12.5 Except as otherwise explicitly provided in these T&C or as may be expressly permitted by applicable law You are not permitted to, and You agree not to permit or authorize others to:

(a) copy, modify, adapt, reverse engineer, create derivative works from the Application, the Website, the Content or any part thereof, or any copy, adaptation, transcription, or merged portion of them;

(b) decode, disassemble, decompile or otherwise translate or convert the Application, the Website or the Content;

(c) distribute, publicly display and broadcast the Application or the Content;

(d) sell, transfer, loan, lease, assign, rent, or otherwise sublicense the Application, Content or Your access to the Application;

(e) use the Application, the Website or the Content for any purpose other than Your personal use;

(f) remove, alter, or obscure any copyright, trademark, attribution and any other proprietary notices from the Application or Content.

12.6 The licence granted under this Section shall automatically terminate if We suspend or terminate Your access to the Services.

12.7 The cost of rights for a license in accordance with this section is included in the remuneration of the Company in accordance with these Terms.

13. PLATFORM LEGAL USE RESTRICTIONS

13.1 It is Your sole responsibilities to ensure that at all times while using the Application or the Website You comply with the laws that govern You and that You have the complete legal right to use the Application or the Website. Any use of the Application and the Website is at Your sole option, discretion and risk. By using the Application, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or inappropriate in any way. It is Your responsibility to verify that You are permitted to use and access the Application according to the jurisdiction of Your domicile or any country in which You may be located.

13.2 As a condition of Your use of the Application and the Website (where applicable), You warrant and undertake that You shall not use or access the Application and the Website for any unlawful purpose under any law that is applicable to You or that is prohibited by or in breach of these T&C. In particular (and in addition to all other representations and warranties set out in these T&C), You warrant (agree) as a condition of use of the Application and the Website (where applicable) that:

(a) You are at least 18 years old and of a legal age in Your jurisdiction to form a binding contract;

(b) You are using the Application and Content solely for Your own personal or internal business use;

(c) You are acting in Your own legal capacity and not on behalf of another person or company;

(d) You are not a citizen of, or permanently reside in, any Prohibited Jurisdictions;

(e) You have full power and authority to enter into these T&C and in doing so will not violate any other agreement to which You are a party;

(f) You will not conduct criminal or other unlawful activities through the Application, including but not limited to, money laundering, financing terrorist activities, financing the proliferation of weapons of mass destruction, fraud, or any other financial crime;

(g) You do not use the Application to evade, avoid, or circumvent any applicable laws, including but not limited to laws preventing money laundering, financing terrorist activities, financing the proliferation of weapons of mass destruction, fraud, or any other criminal activity;

(h) You shall not use the Application if any applicable laws prohibit, penalize, sanction, or expose Us to liability for the Services provided to You;

(i) You do not use the Application in order to disguise the origin or nature of proceeds of crime or terrorist financing;

(j) You do not use any insider information about tokens in a unscrupulous (illegal) way and do not manipulate the prices for tokens within Your usage of the Application;

(k) You shall not allow other persons to use Your Currency.com Account;

(l) You will not solicit or in any way seek to obtain any information, including personally identifiable information, relating to other users of the Application or visitors of the Website;

(m) You will not intercept or monitor, damage or modify any communication which is not intended for You;

(n) You will not upload or distribute any software program, file or data that contains viruses, spiders, robots, worms, trojan-horse or any code or orders which are corrupted or may negatively affect the operational performance of the Application or the Website;

(o) You will not impact or attempt to impact the availability of the Services or operation of the Website, with a denial of service (DOS) or distributed denial of service (DDoS) attack or use the Application or the Website in a way that could damage, disable, overburden, or impair its functioning;

(p) You will not attempt to modify, decompile, reverse-engineer or disassemble the Application or the Website in any way;

(q) You will not initiate and/or engage in surveys, contests, chain letters or post/transmit "junk mail", "spam" or any unsolicited mass dissemination of email against (or relating to) Us, users of the Application or visitors of the Website;

(r) You will not interfere with, disrupt, negatively affect or inhibit other users from enjoying the Application or the Website;

(s) You will not submit, post, upload or grant Us access to any information or material that infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, or other Intellectual Property Rights;

(t) You will not encourage or promote any activity that violates these T&C.

13.3 In case of suspicion of money laundering, financing terrorist activities, financing the proliferation of weapons of mass destruction, fraud, or any activities that may violate any applicable law or these T&C, We reserve the right to report all the necessary information to the relevant authorities, without providing You with notice of such report.

13.4 The Company during the time period determined by it at its discretion, accepts clients for service in order of priority. The principles of the movement of the queue of persons wishing to become Clients of the Company, are determined by the Company at its discretion. The positions (numbers) of these persons in such a queue may change, including due to a change in the number of persons invited by them or other persons to this queue. The Company may, at its discretion, transfer to all or some persons whose turn has come, and created in this connection the accounts (accounts) on the Platform, the ownership of the tokens in the order and size specified in the first part of paragraph 8 of Annex 1 to this Document during a time period independently determined by the Company.

14 RESPONSIBILITY FOR USE OF THE APPLICATION

14.1 You are responsible for restricting access to the Application installed on Your device and ensuring the security of Your Currency.com Account. In particular, You should always keep safe the passcode You created when registering Currency.com Account and immediately notify Us in case You suspect that You have not authorized certain actions which were performed under Your Currency.com Account.

14.2 You are responsible and liable for all activities that take place through the Application installed on Your device, whether or not You are the individual who undertakes such activities. You confirm that any orders made in Your Currency.com Account are expressions of Your will and result of Your actions.

14.3 We will not be liable for any loss that You may incur as a result of someone else using the Application installed on Your device, either with or without Your knowledge. In addition, You may be held liable for any losses incurred by Us or another party due to someone else using the Application installed on Your device.

15. DISCLAIMERS AND LIABILITY

15.1 We shall exercise reasonable skill and care in Our provision of Services to You. However, neither We nor Our directors, officers, employees, affiliates or service providers shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by You under these T&C, unless such losses are a reasonably foreseeable consequence or arise directly from Our fault.

15.2 Unless otherwise provided by the legislation of the Republic of Belarus, in no circumstance, shall We, Our directors, officers, employees, affiliates or service providers be liable to You or other persons:

15.2.1 for any damage, loss of data, loss of profits, loss of reputation and goodwill or loss of business opportunity arising under or in connection with these T&C, whether arising out of negligence, breach of these T&C, misrepresentation or otherwise;

15.2.2 for the Content displayed via the Application or the Website (see Clause 15.7 for more details);

15.2.3 for the losses You incurred due to purchase and sale of cryptocurrency via the Application (see Section 3 for more details);

15.2.4 for any damages or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect Your device, or any phishing, spoofing, malicious security breaches, targeted hacking attacks or other attacks. We advise the regular use of a reputable and readily available virus screening and prevention software;

15.2.5 for any breach of these T&C by reason of any abnormal and unforeseeable circumstances beyond Our reasonable control (force majeure);

15.2.6 for any breach of these T&C which is due to the application of binding legal acts inter alia acts of the Supervisory Board of the High-Tech Park;

15.2.7 for any adverse tax implications of transactions carried via the Application;

15.2.8 for the unauthorized use of Your Currency.com Account;

15.2.9 for any changes in the market (in particular, fluctuations of price of cryptocurrency) taking place after You send order on the Platform;

15.2.10 for the interruptions in the operation of the Application or the Website.

15.3 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE FEES PAID BY YOU TO US DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

15.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF THE REPUBLIC OF BELARUS, THE APPLICATION, THE WEBSITE AND CONTENT ARE PROVIDED TO YOU "AS IS" AND WE PROVIDE YOU WITH NO WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESSED OR IMPLIED, REGARDING THEIR QUALITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY. We do not make any representations or warranties that access to the Services or the Website, or any of the Content contained therein, will be continuous, uninterrupted, timely, error-free and will meet Your requirements.

15.5 YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR 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 EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.

15.6 We will make reasonable efforts to ensure that Your orders within the Application are processed in a timely manner but We make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of Our control.

15.7 You agree that the Content displayed via the Application or the Website is provided for information purposes only and You must evaluate, and bear all risks associated with, the use of such Content, including any reliance on the accuracy, completeness, or usefulness of such Content. We shall not be responsible or liable for any trading or investment decisions You make based on such Content. We do not guarantee the accuracy, completeness, or usefulness of the Content displayed via the Application or the Website.

15.8 When using the Application or the Website, You may view content provided by third parties, including links to web pages of such parties ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.

15.9 Nothing in these T&C will limit Our liability for death or personal injury resulting from Our negligence.

15.10 You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in these T&C represent a fair and reasonable allocation of the risks and benefits of these T&C, taking all relevant factors into consideration. You further agree that these disclaimers and limitations shall be enforceable to the extent permitted by applicable law.

15.11 The Company is liable to You only for the deliberate failure (improper performance) of the provisions of these T&C. In this case, the Company is obliged to compensate You for the losses You incur in full, unless otherwise provided by the legislation of the Republic of Belarus.

15.12 In case of non-fulfillment (improper performance) of the provisions of these T&C by You, You are obliged to compensate the losses incurred to the Company (including reimburse the Company for the amount of liability measures applied to it in a foreign country in connection with the conclusion and (or) execution of these T&C under the conditions the provision of false assurances by You. The company has the right to fully or partially withhold the amount (amount) of losses caused to it from the amount (amount) of money counted for You, electronic money, tokens held by the Company.

15.13 The basis for exemption from liability for non-performance (improper execution) of these T&C for You is the presence of force majeure circumstances (by which the Parties understand the emergency and unavoidable circumstances under the given conditions, i.e. natural disasters), and for the Company - the absence of its fault.

16. LINKS TO WEBSITES 

16.1 The Application or the Website may, from time to time, contain links to websites, which are outside of Our control and are not covered by these T&C. If You access the websites using the links provided, You will have to comply with relevant terms and condition of such websites. We do not accept any responsibility or liability for using the services provided on the websites, which You may access through links contained in the Application or the Website.

16.2 The operators of these websites may collect information from You, which will be used by them in accordance with their privacy policy, which may differ from Ours. We do not accept any responsibility or liability for these policies. Please check these policies before You submit any information to these websites.

16.3 We are providing the links to websites to You only as a convenience, and the inclusion of any link does not imply endorsement by Us of its operators.

16.4 The cost of Tokenised assets, cryptocurrencis, the cost of one type of Fiat currency tokens relative to the cost of another type of Fiat currency tokens is based on data provided to Us by third parties.

16.5 The cost of one type of Fiat currency tokens relative to the cost of another type of Fiat currency tokens is generated on the Platform on the basis of data on the cost of the relevant currency relative to the value of another currency obtained from the LMAX Exchange Group websites (lmax.com).

16.6 The cost of cryptocurrency in the Platform is formed on the basis of data on the cost of cryptocurrency from websites of Bitstamp Ltd (bitstamp.net), BFXWW Inc. and BFXNA Inc. (bitfinex, com), GAIN Capital Holdings Inc (gaincapital.com).

16.7 The cost of Tokenised assets on the Platform is formed on the basis of data on the value of assets that the Tokenised exchange assets represent, obtained from the websites of Thomson Reuters.

16.8 We receive data on the official exchange rate of the Belarusian ruble to foreign currencies from the website of the National bank of the Republic of Belarus (nbrb.by). If the client uses Fiat currency tokens representing Belarusian ruble for transactions with Tokenised assets, cryptocurrencies, which are quoted in currencies other than the Belarusian ruble value of the Fiat currency tokens representing Belarusian ruble is converted into the currency of quotation of the corresponding Tokenised asset, cryptocurrency at the official rate of the National bank of the Republic of Belarus.

16.9 You acknowledge that You are notified that the value of Tokenised assets, cryptocurrencies, the cost of one type of Fiat currency tokens relative to the cost of another type of Fiat currency tokens on the Platform may differ from the value presented in sources 16.4-16.8.

17. SUSPENSION, TERMINATION AND CANCELLATION

17.1 To the extent permitted by applicable law, and as well as to the extent necessary for the fulfillment of obligations imposed on the Company, including, but not limited to, obligations in the sphere of preventing money laundering, financing terrorist activities and financing the proliferation of weapons of mass destruction, countering the manipulation of prices on tokens, countering illegal (unfair) use of insider information about tokens,We may without any liability to You with immediate effect and for any reason: (a) refuse to complete, block, cancel or reverse a transaction You have authorised;(b) suspend, restrict or terminate Your access to the Application in whole or to certain of its functionalities and features, (c) ban disposal and usage of funds held on Your Currency.com Account (freeze the funds), (d) ban, block financial transactions authorised via Your Currency.com Account, (e) confiscate the funds held on Your Currency.com Account and deliver them to the applicable authority and/or (f) deactivate or cancel Your Currency.com Account, including but not limited to where:

(a) We are, in Our reasonable opinion, required to do so by applicable law or any court or other authority to which We are subject in any jurisdiction;

(b) We reasonably suspect You of acting in breach of these T&C;

(c) We have concerns that a transaction is erroneous or about the security of Your Currency.com Account or We suspect the Services are being used in a fraudulent or unauthorised manner;

(d) We have verified data, or reasonably suspect, that You are using any insider information about cryptocurrencies or are manipulating prices for cryptocurrencies when using the Application;

(e) We suspect money laundering, terrorist financing, fraud, or any other financial crime, in particular, but not limited to cases, when You are repeatedly making transactions We consider suspicious;

(f) if external accounts You linked to Your Currency.com Account are not approved;

(g) use of Your Currency.com Account is subject to any pending litigation, investigation, or government proceeding and/or We perceive a heightened risk of legal or regulatory non-compliance associated with Your Account activity;

(h) You offer (intend) to make a transaction with tokens through the Platform with types of tokens, which are based on the principle of complete anonymization of transactions (operations) made with them;

(i) You are planning (offering) making settlements on a single transaction with tokens for an amount in excess of 2000 basic values, not through a bank transfer or transfer of electronic money;

(j) if according to the results of the use of the software (the right to use the software), which performs the compilation and analysis of Your use of addresses (identifiers) of virtual wallets (including allowing You to determine the trading platforms where Your addresses (identifiers) of virtual wallets were used, the addresses (identifiers) of virtual wallets of Your counterparties (potential clients), the connection of Your addresses (identifiers) of the virtual wallets (potential clients) with other addresses (identity identifiers) of virtual wallets, etc.), as well as assessing the risk of using addresses (identifiers) of virtual wallets to carry out illegal activities (participation in it), or services of other persons (performers) on the above generalization, analysis and evaluation of transactions with tokens a high degree of risk is established by You of using your address (identifier) ​​of a virtual wallet to legalize the proceeds of crime.

17.2 If the Company decided to return to You the money, electronic money, tokens, received from You by the Company, including, but not exclusively, for the reasons indicated in paragraph. 17.1 of these T&C, the Company will reimburse its costs of such a return and consideration of the application from Your funds by withholding such compensation.

17.3 If We take any measures mentioned in Clause 17.1 We will generally provide You with notice of Our actions and reasons for taking such actions and where appropriate, with the procedure for correcting any factual errors that led to them. We will not communicate to You the reasons for such measures in case it would be unlawful for Us to do so under any applicable law or such decision is based on confidential criteria that are essential to Our risk management and security policies.

17.4 Under applicable law We are obliged to take measures aimed at prevention, detection, preclusion and elimination of consequences of unfair (improper) using insider information about tokens or manipulating prices for tokens. Such measures are not limited to those mentioned in Clause 17.1 and are established in Our sole discretion. By using the Application, You acknowledge the possibility of applying such measures to You.

17.5 These T&C with regard to use of the Application are terminated: (a) upon Our initiative when We terminate Your access to the Application, deactivate or cancel YourCurrency.com Account, or (b) upon Your initiative by sending Us a termination notice or simply by deleting the Application from Your device.

17.6 After termination of these T&C for any reason whatsoever, unless otherwise provided by applicable law, any rights, obligations and/or liabilities accrued before the date of termination shall continue in force until their full completion.

17.7 You should initiate withdrawal of all the funds remaining on Your Currency.com Account within 5 (five) calendar days after termination of these T&C. In case You do not initiate the withdrawal, We reserve the right in Our sole discretion to return the remaining funds to any of Your External Accounts or appropriate them.

If You have not started the withdrawal of funds in accordance with this clause, then such actions may be perceived by Us as the removal from the possession, use and disposal of the property without the intention to preserve any rights to this property, i.e. renunciation of the right of ownership.

17.8 Upon termination of these T&C, You shall cease all use of the Application (except for withdrawal of funds, if applicable), and destroy all copies, full or partial, of the Application.

18. INDEMNITY

18.1 You agree to fully indemnify, defend and hold harmless Us and Our shareholders, directors, employees, officers, licensees, licensors, affiliates and subsidiaries from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees, fines and penalties of regulatory authorities, and any other charges whatsoever, however caused, that may arise as a result of:

(a) Your breach of these T&C (including any warranties contained herein), in whole or in part;

(b) violation by You of any law or any third party rights, including Intellectual Property Rights;

(c) exercising of Our rights under these T&C, including, but not limited to, actions We are entitled to undertake in accordance with Section 17 (rejection or partial fulfilment of Your orders, suspension or restriction of Your access to Currency.com Account, blocking or suspending withdrawal of funds, etc.);

(d) use by You of the Application and the Website or use by any other person accessing the Application installed on Your device or accessing the Website via Your device, whether or not with Your authorisation.

19. APPLICABLE LAW AND DISPUTE SETTLEMENT PROCEDURE

19.1 The legislation of the Republic of Belarus shall apply to the relations between thePartiesarising out of the Terms. In this case, the material, not collision, norms of law shall be applied.

19.2 If a dispute arises between the Partiesfrom the Termsprior to its submission for consideration to the dispute settlement body provided for in theTerms, it shall be mandatory to follow the claim procedure for dispute settlement provided for in the Terms.

19.3 Claims shall be sent:

19.3.1 by You – from Your e-mail address specified by it at the time of creation of the Accountto the e-mail address [email protected] or other e-mail address notified by the Company(specify “Claim. For the Legal Team” in the title of the letter) with the scanned image of the paper claim signed by You or your representative attached to the letter (if the claim is signed by the representative, the attachment of a scanned image of the document confirming the representative’s authorities is mandatory);

19.3.2 by theCompany- to Your e-mail address, specified by it at the time of creation of the Account.

19.4 The Parties also have the right to send their signed paper claims (by registered mail with delivery receipt or by the correspondence delivery services, such as EMS, DHL or UPS) to each other’s addresses of residence (location) (with certified copies of documents confirming the representative’s authorities, if the claim is signed by the representative).

19.5 Claims shall contain:

19.5.1 surname, given name (first name), patronymic (name) of the claimant and a person (persons), to whom the claim is submitted (the claimee), their place of residence (place of temporary residence) or location;

19.5.2 date of filing the claim;

19.5.3 circumstances on the basis of which the claim is filed;

19.5.4 specific well-reasoned demands of the Partywith reference to the provisions of the Terms, as well as the norms of the legislation of the Republic of Belarus;

19.5.5 the amount of the claim and its calculation, if the claim is subject to monetary evaluation.

19.6 The claim cannot be subject to consideration if:

19.6.1 it is not sent in accordance with these Terms;

19.6.2 its content does not correspond to these Terms.

19.7 The response to the claim shall be sent within 30 days from the date of its receipt in the manner specified in these Terms.

19.8 If the dispute arisen has not been settled in the claim procedure, it shall be submitted for consideration:

- if You are a citizen or a legal entity of the Republic of Belarus, – to the court at the location of the Company, determined in accordance with the legislation of the Republic of Belarus;

- if You are is a foreign citizen, stateless person, foreign or international legal entity or foreign organization, which is not a legal entity, – to the International Arbitration Court of the Belarusian Chamber of Commerce and Industry (BelCCI) (the Republic of Belarus, the city of Minsk). Arbitration clause:

“All disputes, disagreements or claims that may arise from or in connection with the Terms,including those related to their conclusion, change, termination, performance, invalidity or interpretation, shall be considered in the International Arbitration Court of the Belarusian Chamber of Commerce and Industry (BelCCI) (the Republic of Belarus, the city of Minsk) in accordance with its regulations.”.

19.9 TheParties shall have the right to settle a dispute arising out of the Terms by using mediation in accordance with the legislation of the Republic of Belarus.

20. FEEDBACK

20.1 We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Us, the Services or the Website that You provide, whether by email, posting through the Application, the Website or otherwise ("Feedback"). Any Feedback You submit is non-confidential and shall become the sole property of Currency.com. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to You. You waive any rights You may have to the Feedback (including any copyrights or moral rights). Do not send Us Feedback if You expect to be paid or want to continue to own or claim rights in them; Your idea might be great, but We may have already had the same or a similar idea and We do not want disputes.

21. COMMUNICATION

21.1 In case You have any questions with regard to these T&C or want to contact Us for other reasons, please use respective section in the Application, the Website or write an e-mail to [email protected]

21.2 You agree to receive all the communications, agreements, documents, notices and disclosures relating to the Services (collectively “Communications”) via the Application or on Your e-mail. As the result, to ensure receiving of such Communications You are obliged to keep Your contact information in Currency.com Account Profile up-to-date. If We send You an electronic Communication but You do not receive it because Your e-mail is incorrect, out of date, blocked by Your service provider, or You are otherwise unable to receive electronic Communications, We will be deemed to have provided the Communication to You.

22. MISCELLANEOUS

22.1 You may not assign, charge or otherwise transfer Your rights and/or obligations under these T&C (or purport to do so) without Our prior written consent. We reserve the right to assign these T&C, in whole or in part, at any time without further notice to You.

22.2 If a provision of these T&C is or become illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

22.3 All provisions of these T&C which by their nature extend beyond the expiration or termination of these T&C, including, without limitation, the sections relating to legal use restrictions, prohibited activities, dispute resolution, will continue to be binding and operate after the termination or expiration of these T&C.

22.4 The headings in these T&C are for reference only and do not affect the construction or interpretation of any provision.

22.5 Neither failure nor delay on the part of Us to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege.

22.6 Nothing in these T&C shall create or confer any rights or other benefits in favour of any third parties not party to these T&C.

22.7 Nothing in these T&C shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between You and Us.

22.8 These T&C constitutes the entire understanding and agreement between Us and You regarding the Services and supersedes any prior agreement, understanding or arrangement between Us and You.

22.9 Republic of Belarus shall be deemed as the place of these T&C execution.

 

Annex No.1 to Terms and Conditions of Use of the

Cryptoplatform (Trading Platform) and the Website

 

The Conditions of the Promotional Event “Invite a Friend”

1. These Conditions constitute a part of the Terms and Conditions of Use of the Cryptoplatform (Trading Platform) and the Website (Terms and Conditions).

2. All the clients of Currency Com Bel Limited Liability Company (hereinafter referred to as “the Company”) who have registered themselves (have created an account) on the cryptoplatform (trading platform) “Currency.com” (hereinafter referred to as the “Cryptoplatform”) by using the access code sent to them and who are simultaneously natural persons (hereinafter referred to as “Early Adopters”), have the opportunity to take part in the Promotional event “Invite a Friend” (hereinafter referred to as the “Promotional event”). The access codes shall be sent by the Company to potential clients the list of which shall be determined by the Company at its sole and absolute discretion and regardless of whether or not such potential customers have performed (have not performed) any actions. The substance of the Promotional event is as follows.

3. The company shall give to every Early Adopter 5 invitation codes within their accounts on the Cryptoplatform. These codes are be designated for sending by e-mail by Early Adopters to the persons being invited by them to use the Cryptoplatform who, prior to sending these codes, have not had accounts on the Cryptoplatform (1 Early Adopter shall have the right to invite no more than 5 persons). If such persons, when registering themselves (creating an account on the Cryptoplatform), enter the invitation code sent to them by the Early Adopter, then they shall be qualified as persons invited by the Early Adopter (hereinafter referred to as the “Invited Persons”).

4. The Company shall be obliged to transfer to the Early Adopter the title of property to digital tokens (tokens) (hereinafter referred to as “tokens”) free of charge in an amount corresponding to 50 % of the trading fee actually paid to the Company by the Invited Person, referred by the Early Adopter, within 6 months from the date of registration (creation of an account) of the Invited Person on the Cryptoplatform. This transfer of the title of property shall be carried out by the Company on the weekly basis by means of adding of the number of tokens, the title of property to which is transferred, to the number of tokens of the relevant type that are accounted in respect of the Early Adopter on his account on the Cryptoplatform. The title of property to these tokens transfers to the Early Adopter at the moment the Company has completed the said addition.

5. Unless otherwise expressly permitted by the Company:

the Early Adopter is entitled to send 1 invitation code only to 1
e-mail address of 1 individual 1 time;

if the person whom the Early Adopter has sent the invitation code to does not enter it during the process of registration (creating an account) on the Cryptoplatform or for any reason fails to register himself on the Cryptoplatform (does not pass the account creation process), this Early Adopter shall not be entitled to acquire the title of property to tokens free of charge in accordance with clause 4 of these Conditions;

the Early Adopter’s breach of any provision of these Conditions shall entail deprivation him of the right to acquire the title of property to tokens free of charge in accordance with clause 4 of these Conditions. The fact of breach of any provisions of these Conditions is defined by the Company at its sole and absolute discretion.

6. The Early Adopter must not:

become the Invited Person himself;

distribute invitation codes with the use of advertising (marketing communications), disseminated to a wide range of people (including those involving payment of any remuneration to the Invited Persons).

7. In accordance with these Conditions Early Adopters may acqire the title of property to the tokens being placed. In this case, the provisions of clause 4 of these Conditions on the transfer of title of property free of charge to the Early Adopters shall apply to the emergence of the title of property to the tokens being placed.

8. Within the framework of the Promotional event, the Company shall transfer the title of property to the tokens free of charge to each Invited Person in an amount equivalent to (equivalent) USD 50, or 50 Euro, or 125 Belarusian rubles, or in the amount of Belarusian rubles, equivalent to USD 50 or 50 Euro, in a manner similar to that provided for in clauses 4 and 7 of these Conditions.

As part of the Promotional event, the Company may, at its discretion, transfer to any or some Early Adopters free of charge ownership of tokens in the manner similar to that provided for in clauses 4 and 7 of these T&C, in an amount that is independently determined by the Company in each particular case.

The number and type of tokens to be transferred in accordance with this clause shall be determined by the Company at its sole discretion.

Early Adopters and Invited Persons can receive tokens in accordance with the terms of this Promotional campaign only after going through the procedure of creating an Account and passing identification and subsequent verification in accordance with Section 4 of the Terms and Conditions of Use of the Cryptoplatform (Trading Platform) and the Website.

9. The price (value) of tokens (including for the purpose of expressing the price (value) of tokens of one type in prices (value) of tokens of another type) shall be determined by the Company at its sole and absolute discretion.

10. If, in accordance with the law, the Company is obliged with regard to obtaining by the Early Adopter, the Invited Person under this Conditions income to deduct income tax on individuals or other tax from the amount of the said income and transfer it to the budget the relevant income shall be transferred to the Early Adopter, the Invited person after deducting this tax (i.e. minus the sum of the relevant tax).

11. These Conditions may be amended or terminated and the Promotional Event may be terminated at any time by the Company at its sole and absolute discretion (unilaterally) by sending an appropriate notice to the Early Adopter.

 

Amendment No. 1

to the Terms and Conditions of Use of the Cryptoplatform (Trading Platform) and the Website

 

On the basis if the Clause 2.3.7. of the Terms and Conditions of Use of the Cryptoplatform (Trading Platform) and the Website “Currency Com Bel” LLC (hereinafter - Company) makes the following amendments to these Terms:

 

1. From the effective date of this Amendment No. 1 until February 14, 2019 inclusive, the Company does not charge you any amounts that compensate its costs of paying fees (commissions) to operators (executors) of payment services when You carry out Deposit and Withdrawal of funds on the Website.

2. Clause 1 of the Amendment No.1 applies only to those Deposit and Withdrawal forms that are available on the Website.

3. From the effective date of this Amendment No. 1 until February 14, 2019 inclusive, the Company does not charge you for hedging.

4. In this Amendment No. 1, the terms are used in the meanings determined by the Terms of Use of the cryptoplatform (trading platform) and the Website.