TERMS AND CONDITIONS
TABLE OF CONTENTS
ELIGIBILITY AND PROHIBITION OF USING OUR SERVICES
DESCRIPTION OF OUR SERVICES
USERS' RIGHT AND LIMITATIONS TO LICENSE USE
USER OBLIGATIONS
FEES
ASSET SERVICES
CUSTODIAL SERVICE
TRANSACTION LIMITS, SOURCE OF FUNDS
SUSPENSION, TERMINATION AND CANCELLATION
CHANGE, INTERRUPTION, TERMINATION, AND DISCONTINUANCE OF SERVICES
COMPLIANCE WITH YOUR LOCAL LAWS
REFERENCE TO PRIVACY POLICY
INDEMNITY
GOVERNING LAW
JURISDICTION AND DISPUTE RESOLUTION
GENERAL FEEDBACK AND MISCELLANEOUS
Fasset Technology. Ltd is a UAE registered company (“Fasset”).
By creating an account on the website or by visiting it, it would be deemed that you have agreed to the terms and conditions laid down in this document. If you do not agree to be bound by these terms, do not access or use the Services.
Fasset reserves the right to change or modify the terms and conditions contained in this document, including but not limited to any policy or guideline of the platform, at any time and at our sole discretion. We will provide notice of these changes by posting the revised Terms through means as determined by us at our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the website or at the instant that we transmit the information.
Fasset reserves the right to change or modify the terms and conditions contained in this document, including but not limited to any policy or guideline of the platform, at any time and at our sole discretion. We will provide notice of these changes by posting the revised Terms through means as determined by us at our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the website or at the instant that we transmit the information.
If you do not agree to the terms in effect when you access or use the platform then you must stop using our services. We encourage you to frequently review the terms to ensure that you understand the terms and conditions that apply to your access to, and use of, the Services.
You should read the terms and conditions, and any document referred to in them very carefully. If there is anything that you do not understand in the terms and conditions and any document referred to herein, you should discuss this matter with us and seek the necessary clarification.
Any formal communication with you will be undertaken through electronic mail unless otherwise instructed. Documents will be sent to you by electronic mail and you should seek to send any documents to us by the same means.
Any formal communication with you will, unless otherwise agreed, be made in the English language. In the event of any discrepancy between the English language version of the terms or any such communications and any translation of the terms or such communications (as applicable) in a foreign language, the respective English version shall prevail.
If you conduct any transactions through the Site, each such transaction may be subject to additional terms and conditions which you will be directed to read and accept at the applicable time. To the extent there is any inconsistency between these Terms and the additional terms and conditions applicable to a specific transaction, the additional terms and conditions applicable to the specific transaction shall apply to that specific transaction and any matters connected with it or arising therefrom.
Disclaimer:
Fasset, under any condition, does not and cannot guarantee the value of a digital asset. You acknowledge and agree that the value of a digital asset is subject to high levels of volatility and that purchasing, selling, and holding digital assets involves risk. You should be aware that the value of a digital asset can change rapidly, and even decrease.
1. ELIGIBILITY AND PROHIBITION OF USING OUR SERVICES
To be eligible to create an account with Fasset and use any of the services (“Services”), you must meet and continue to meet the following criteria:
in case of individuals, you are 18 years or older, with legal capacity of entering into a valid and binding contract with us, and under no legal, contractual or other restriction or incapacity from accessing and/or using the site;
in case of non-individuals, you are a registered and duly formed or incorporated corporation, legal person, entity or other organization represented by its duly authorized representative having authority from such corporation, legal person, entity or other organization to access and/or use the site and form a binding agreement with us on its behalf;
you have not been suspended, barred or restricted from accessing the site or any other exchange in the past;
you are not part of the United States Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List , and/or are not otherwise subject to any sanctions or restrictions which disallow you from using and/or accessing the Site or which may affect our ability to provide you with our products and services;
you have the full power and authority to agree to the Terms, and to enter into any transactions or use any service offered on the Site;
all information and documentation provided by you to us for the purposes of accessing and using the Site as well as for availing services and entering into transactions on the Site is true and accurate and it is not incomplete or misleading and that if such information or documentation becomes untrue, inaccurate, incomplete or misleading at any point in future, you will immediately inform us of the same as soon as you become aware that the same is no longer true, accurate, complete and not misleading, including the date on which the correctness or veracity of the same changed;
you will enter into transactions by utilizing only legally obtained digital assets and/or fiat currencies that belong to you without any encumbrances, and you will have full legal and beneficial rights and title to any such assets and/or fiat currencies at the time you transfer them to us or any third parties using the Site;
you are not a citizen or a resident of or located in, a state, country, territory, region, city, locality, county or other jurisdiction in which access and/or use of the Site or any functionalities, products or services on the Site would be restricted, illegal or otherwise contravene any Applicable Laws (“Restricted Territory”), and have not used technology or any other means including without limitation Tor, VPN or remote access software to misrepresent your geographical location to access the Site; and
You agree that each time before accessing or using the Site and/or Services you will ensure that you are not doing so from a Restricted Territory and would not be breaking any Applicable Laws, rules or regulations in any jurisdiction including in any Restricted Territory, by doing so.
It is possible that we may not make all of the Services available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Services from restricted locations. The content of the terms shall not be excluded from the laws of the country or region under which the user belongs. As a result, if you do not meet these eligibility requirements, do not use our services.
2. DESCRIPTION OF OUR SERVICES
We provide an online trading platform to trade VFAs (or also known as virtual financial assets, cryptographic tokens or digital tokens or cryptographic currency) and derivatives linked to VFAs or indices thereof. Buyers and sellers conduct trading on our platform with each other; Fasset as the platform provider is not a buyer or seller in these transactions. Users may request the withdrawal of their VFAs, subject to the limitations as stated in the Terms. Users will be able to access their VFAs in their wallets, which are held and safe-kept by Fasset.
Fasset provides the user with trading services including:
SERVICES
2.1 Asset Services. The following services (the "Asset Services") may be provided to you by Fasset:
one or more Accounts on the Fasset Exchange enabling you to access and use your Wallet, and to view and track your balances of Assets and Fiat Currency;
one or more wallets on the Fasset Exchange (“Wallet”) enabling you to store, track, transfer, and manage your balances of Assets and Fiat Currency; and
Enabling you to obtain prices for your purchases, sales and swaps of Assets,) place orders for, and/or carry out any purchases or sales or swaps of Assets on the Fasset Exchange or otherwise on the Site (including services such as the P2P trading platform (also known as the peer-to-peer trading platform), subject to the Terms and your compliance thereof.
2.2 Custodial Services. You hereby appoint us to act as your custodian to hold the Assets and Fiat Currency for you and Fasset shall accordingly act as a custodian to hold Assets and Fiat Currency for you and all users on the Site in accordance with the terms and conditions of the Terms (“Custodial Services”). The Custodial Services are limited to those set out in the Terms and may be provided by any entity in the Fasset Group or by a third party, at the sole discretion of Fasset.
2.3 Fasset Group may use certain service providers to make certain Services, functions or information available to the user. We may change any service provider at any time without prior notice. In addition to the Terms, your access and use of the Site and Services is subject to the terms and conditions imposed by relevant third parties from time to time, as notified to you as per the terms of the Terms for such Communication.
By accepting the terms and conditions, you expressly agree to the pooling of your VFAs with the VFAs of other users. Individual user entitlements may not be identifiable by separate physical documents of title or other electronic record and, in the case of an irreconcilable shortfall, you may not receive your full entitlement and may share in the shortfall pro rata.
You represent and warrant that you are, and shall remain at all times, the ultimate and effective legal and beneficial owner of any VFAs held by Fasset, that you shall not act as nominee or trustee for any other person and that you shall not transfer, assign, pledge, charge or otherwise create any security interest or encumbrance whatsoever over such VFAs without the prior written consent of Fasset.
Fasset, as applicable, shall not be obliged to accept orders unless sufficient VFAs are available on the account for (a) the settlement of the relevant order, (b) the provision of margin as may be required in respect of relevant transaction in derivatives, and (c) the payment of any related charges and expenses as applicable.
Accuracy: While we have made every effort to ensure the accuracy of the information on our website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting users to make independent decisions. We have taken reasonable measures to ensure the accuracy of the information on the website; however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any services or products available through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our platform. We will not have any liability for the use or interpretation of such information.
Users shall prepare devices and bear costs as follows: 1) internet-connected device, including but not limited to computer or other internet-connected terminals; 2) internet-accessing costs, including but not limited to internet fees, rental charges for internet-connected equipment’s, cellular data fees, etc.
You hereby authorize us to send commercial information to you via e-mail, SMS, mobile notification, or mailing address. You can opt out of such services by changing relevant settings on the website.
You acknowledge and consent that the services are provided by us according to its current technological capacity and other conditions. While we have made every effort to ensure continuity and security of the services, we are unable to completely foresee and hedge legal, technological and other risks including but not limited to force majeure, virus, hacker attack, system instability, flaw in third-party services, act of government, etc. that may result in service interruption, data loss and other losses and risks.
When the system platform is unable to operate properly because of the following circumstances and the user is unable to access the devices or place or cancel an order, we assume no liability for damages. These circumstances include, but are not limited to:
System downtime during maintenance as announced by our platform;
Telecom or networking equipment issues;
Typhoon, earthquake, tsunami, flood, power failure, war, terrorist attacks, and other force majeure factors;
Any other issues, including hacker attacks, computer virus intrusion or attack, website or backend maintenance and upgrade, banking related issues, government regulation or mandates, and any other third party issues;
Damages to users or other third parties caused by third parties.
For abnormal transactions, market interruption and other abnormal conditions caused by system failure, network failure, distributed denial of service attacks (DDos) and other hacker attacks and other unexpected factors, we have the right to cancel the abnormal transaction results.
Abnormal transaction handling: You agree and acknowledge the possibility of discontinuity and disruption of the services due to connectivity problems of the VFA networks or other force majeure. Fasset does not assume any responsibility for any losses caused by the aforementioned situations due to your providing incorrect information that results in our inability reaching out and explaining to You the handling procedures.
We have the right to know the purpose and background of the users who use our products or services. Users should provide comprehensive and accurate information as required. If we have reasonable grounds to suspect that the user has provided false trading information, we are entitled to restrict the user from the use of some or all of our products and services temporarily or permanently.
3. USERS' RIGHT AND LIMITATIONS TO LICENSE USE
We grant you a limited, nonexclusive, non-transferable license, subject to the terms, to access and use our website and services, solely for approved purposes as permitted by us. You agree that you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way, exploit any of our products and Services.
You agree that:
All rights, title and interest in the service and associated software, website and technology, including all intellectual property rights therein, are and shall remain with the Parties;
No right or interest in the service is conveyed other than the limited licenses granted herein;
The Services are protected by the copyright and other intellectual property laws;
All rights not expressly granted in these terms are reserved.
Fasset has the right to inquire, freeze or deduct the items and accounts of the User in accordance with the requirements of any applicable judicial organizations, administrative organizations and military organizations, including but not limited to public security organizations, procuratorial organizations, courts, customs, tax authorities and so on.
4. USER OBLIGATIONS
4.1 Users shall not register multiple accounts for any purpose.
4.2 Users may not use another user's accounts.
4.3 Users must not use this website or services in any way that causes, or may cause, damage to this site or impairment of the availability or accessibility of this website; or in connection with any illegal fund payment and settlement including but not limited to payment by illegal means like fictitious transaction, false price, and transaction refund and so on; illegal cash-out activity via entity bank settlement account; illegal fund transfer from the bank settlement account of an entity to an individual account; illegal check cash-out activity or any unlawful, illegal, fraudulent or harmful purpose or activity under applicable laws and regulations.
Users agree to indemnify and hold Fasset Technology Ltd, and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Fasset Technology Ltd by any third party due to or arising out of or in connection with users’ use of this website or Services.
4.4 Users are prohibited in any form from utilizing the website to engage in illegal activities. Without the authorization or permission of Fasset, the user shall not use any of the commercial activities in the name of this website or in any form of the Site as a place, platform or medium for engaging in commercial activities.
4.5 Users shall comply with all laws and regulations, and bear the responsibility and legal consequences of any their own actions involving the Site and Services. In addition, Users shall not infringe the legitimate rights and interests of any third party. Additionally, if Fasset suffered losses as a result of your actions then Fasset has the right to recover losses from the User via legal actions or other means.
4.6 If a User violates any obligation above, Fasset has the right to take all necessary measures directly, including but not limited to deleting the content posted by the User, canceling the customer star rating and honor, freezing the User’s balance, pausing or seizing the user's account and illegal gains, and prosecution.
4.7 User in Pakistan are prohibited from transferring cryptocurrencies to any other wallet.
5. FEES
5.1 Fees may be incurred for part of the services provided by us to the users. By using our services, you agree to incur these fees.
5.2 Fasset has the right to set and modify our fee structure and at our own discretion. We may also start charging fees on free services. Any fee changes shall be announced in advance.
5.3 If you do not agree with any fees charged, You should stop using the Service immediately. You are still responsible for any fees previously incurred.
5.4 Unless otherwise stated or agreed, the user agrees that we have the right to automatically and without prior notice deduct the above-mentioned service fees directly from the assets of the User account.
5.5 If You do not pay in full and on time then Fasset reserves the right to interrupt, suspend or terminate the service.
6. ASSET SERVICES
6.1.1 General:
Your Wallet enables you to send Assets to, and request, receive, and store Assets from, third parties by giving instructions through the Fasset Exchange as well as to store, purchase, sell and swap Assets.
The Services enable you to buy Assets using Fiat Currency supported and approved by Fasset. Conversely, when you sell Assets, you may elect to receive Fiat Currency supported and approved by Fasset.
The Services may also enable you to swap different Assets supported and approved by Fasset.
6.1.2 Fiat Currency Transactions:
You may purchase supported Assets by linking a valid payment method for Fiat Currency to your Wallet. You authorize us to debit funds using your selected payment method(s) to complete your purchase. Although we will attempt to deliver to you as promptly as possible Assets purchased by you, funds may be debited from your selected payment method before the status of your Transaction is shown as complete, and Asset is delivered to your Wallet.
You may sell Assets in exchange for Fiat Currency supported and approved by Fasset. In such circumstances, you authorize us to debit your Wallet and to send instructions to credit your selected payment method(s) in settlement of the relevant sell Transactions. We will send these instructions as soon as reasonably possible. Any Fiat Currency should be credited to your selected payment method(s) by the end of the Business Day on which we send such instructions, or as otherwise notified by us to you.
You shall not link any bank accounts from a Restricted Territory to your Wallet. We assume no responsibility for any issues, liabilities or losses and prohibit all Transactions including any deposits and withdrawals of monies to and from any banks of any Restricted Territory; or investing and trading with any monies from any banks of any Restricted Territory when using the Site.
a. Transaction Fulfillment. We will make reasonable efforts to fulfill all of your Asset Transactions subject to the terms and conditions of the Terms, but in some circumstances, we may be unable to do so. If this is the case, we will notify you and seek for your approval to re-attempt the Asset Transaction at the current Exchange Rate.
b. Transaction Fulfillment. The availability of a method of payment depends on a number of factors including, without limitation, your location, the identification information you have provided us with, and limitations imposed by third party payment processors.
6.1.3 Exchange Rates
Each purchase, sale or swap of Assets is also subject to the Exchange Rate for the given Transaction. The "Exchange Rate" means the price of a given supported Asset in Fiat Currency or otherwise as quoted on the Site. The Exchange Rate is stated either as a "Buy Price" or as a "Sell Price" or as a “Swap Rate”, which is the price at which you may buy or sell Asset or the rates for swap of Assets, respectively.
You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate or the Swap Rate Exchange Rate at any given time, and that we may add a margin or 'spread' to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorize a Transaction. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy, sell and/or swap Assets on the open market at any particular price, rate or time.
Authorizations; Reversals; Cancellations
By clicking the 'Buy', 'Sell' or 'Swap' button or any equivalent button on the Site, you are authorizing Fasset to initiate the Transaction at the quoted Buy Price, Sell Price or Swap Rate and agree to any associated Conversion Fees and Exchange Rates.
You cannot cancel, reverse, or change any Transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize us, in our sole discretion, either to cancel the Transaction or to debit your other payment methods, including balances in your Wallet, for any amount necessary to complete the Transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider.
Asset Transactions
We will process Transactions in accordance with the instructions we receive from you. You should verify all Transaction information prior to submitting the relevant instructions to us. We do not guarantee the identity of any user, receiver, requestor or other third party and we shall have no liability or responsibility for ensuring that the information you provide is accurate and complete.
Transactions cannot be reversed once they have been broadcasted to the relevant Asset network.
We may charge network fees ("Network Fees") to process a Transaction on your behalf. The estimated Network Fees for a particular Transaction will be disclosed at the time of initialization by you of a Transaction. Such estimated Network Fees shall be for indicative purposes only, which Fasset reasonably believes to be necessary for the successful completion of the relevant Transaction. You have the right to input such lower amount of Network Fees that you deem appropriate but in such a case, there will be a risk of the relevant Transaction not being able to be completed by Fasset. The applicable Network Fees will be displayed upon completion of submission of the relevant Transaction to the Asset network at the checkout page.
When you or a third party sends Asset to a Wallet from an external wallet not hosted on the Fasset Exchange, the person initiating the Transaction is solely responsible for executing the Transaction properly, which may include, among other things, payment of Network Fees in order for the Transaction to be successful. Non- payment of Network Fees may cause your Transaction to remain in a pending state outside of Fasset’s control and we are not responsible for delays or losses incurred as a result of an error in the initiation of the Transaction and have no obligation to assist in the remediation of such Transactions.
Once submitted to an Asset network, a Transaction will be unconfirmed for a period of time pending sufficient confirmation of the Transaction by the Asset network. A Transaction is not complete while it is in a pending state. Asset associated with Transactions that are in a pending state will be designated accordingly and will not be included in your Trading Account balance or be available to conduct Transactions until confirmed by the network.
We may also cancel or refuse to process any pending Transaction as required by law, regulation or any court or other authority to which Fasset is subject in any jurisdiction.
Supported Assets
Our Asset Services are available only in connection with those Assets that Fasset supports from time to time.
Under no circumstances should you attempt to use your Wallet to store, send, request, or receive Assets in any form that we do not support (although we will use reasonable efforts to help you move or sell Asset that we no longer support). We assume no responsibility or liability in connection with any attempt to use your Wallet for Assets that we do not support.
Advanced Protocols
Unless specifically announced on the Site or by way of an official public statement made by Fasset, we do not support metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with an Asset we support (collectively, "Advanced Protocols"). You should not use your Account to attempt to receive, request, send, store, or engage in any other type of Transaction involving an Advanced Protocol. The Site is not configured to detect and/or secure Advanced Protocol transactions.
You acknowledge and agree that we shall have no responsibility whatsoever in respect of an unsupported Advanced Protocol.
Asset Storage & Transmission Delays. The Fasset Group securely stores Asset private keys (by way of a combination of online and offline storage), which is the means by which you can securely approve a Transaction. For the purpose of this section (Asset Storage & Transmission Delays), “offline storage” means storage in devices which are not connected to the internet (for example, USB hardware wallets). As a result of our security protocols to facilitate a Transaction in accordance with your instructions, you acknowledge that this may delay the initiation or crediting of such Transaction.
Third Party Payments. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from, sell to, or swap with any third party (including other users of the Asset Services). We are not responsible for ensuring that a third party you transact with will complete the Transaction or is authorized to do so. If you experience any problem with any goods or services purchased from, sold to, or swapped with any third party using Asset transferred using the Asset Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party.
Asset Protocols
We do not own or control the underlying software protocols which govern the operation of Assets supported on the Fasset Exchange. Generally, the underlying protocols are ‘open source’ and anyone can use, copy, modify, and distribute them.
We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security, or availability. You acknowledge and accept the risk that underlying software protocols relating to any Asset you store in your Wallet may change.
In particular, the underlying protocols are likely to be subject to sudden changes in operating rules ("fork(s)"), and such forks may materially affect the value, function, and/or the name of the Asset you store in your Wallet. We may, without being obligated to do so in any manner, provide you with notices or alerts on forks and you must read such notices or alerts received from us to consider how to deal with upcoming forks.
However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. We may, in our reasonable discretion, decline to support either or both branches of a fork. You acknowledge the risks presented by forks and you accept that we shall have no responsibility to assist you to move or sell an unsupported branch of a forked protocol.
Title to Assets.You agree and acknowledge that all Assets in your Wallet are custodial assets held by Fasset for your benefit. Among other things, this means:
a. Beneficial title to the Assets in your Wallet shall at all times remain with you and shall not transfer to any company in the Fasset Group. As the owner of the Assets in your Wallet, you shall bear all risks of loss of such Assets. No company within the Fasset Group shall have any liability for fluctuations in the Fiat Currency value of the Assets in your Wallet;
b. You control the Assets in your Wallet. At any time, subject to outages, downtime, and other applicable policies read with the Terms, you may withdraw the Assets by sending any of them to a different blockchain address controlled by you or a third party; and
c. In order to hold the Assets in your Wallet in a more secure manner, Fasset Group may use shared blockchain addresses, controlled by a member of the Fasset Group, to hold Assets held on behalf of customers.
Title to Fiat Currencies. You agree and acknowledge that all Fiat Currencies held for you in Fasset’s client bank account (“Client Bank Account”) are held for your benefit. Among other things, this means:
a. Beneficial title to the Fiat Currencies held for you in the Client Bank Account shall at all times remain with you and shall not transfer to any company in the Fasset Group. As the owner of the Fiat Currencies in the Client Bank Account, you shall bear all risks of loss of such Fiat Currencies. No company within the Fasset Group shall have any liability for fluctuations in the Fiat Currencies in the Client Bank Account;
b. You control the Fiat Currencies held for you in the Client Bank Account. At any time, subject to outages, downtime, and other applicable policies, you may withdraw the Fiat Currencies by sending a withdrawal request to Fasset; and
c. Fasset Group will hold your Fiat Currencies in a bank account controlled by a member of the Fasset Group. Although we maintain separate ledger accounting entries for customers and Fasset Group accounts, no member of the Fasset Group shall have any obligation to maintain separate bank accounts to segregate Fiat Currencies owned by you or by other customers.
7. CUSTODIAL SERVICE
7.1 Maintaining Sufficient Assets and Fiat Currency
You agree at all times to maintain sufficient Assets and Fiat Currency in your Wallet(s) for the purpose of effecting your instructions and for paying any Amounts Payable.
You acknowledge and agree that if at any time there are (having regard to other payments debited or due to be debited) insufficient Assets and/or Fiat Currency in a relevant Wallet, Fasset Group may, in our absolute discretion and without any obligation to do so:
7.2 Transactions
a. You may send, receive and store the Assets by providing instructions to Fasset as your custodian.
b. You may also request Fasset in its capacity as your custodian to transfer the Assets from your Wallet to a specified blockchain address by providing instructions to that effect. You must ensure that there are sufficient Assets and Fiat Currency in your Wallet to cover any such Transaction(s).
c. Fasset may charge a fee for sending your Assets to, or transferring your Assets from, a Wallet, as set out on the Site.
7.3 Instructions to Fasset for Custodial Services
You authorize us to accept, rely upon and/or act upon any instructions received by us without inquiry, assuming the authenticity of any such instructions given or purportedly given by you or any person authorized by you, or that any person claiming to be your authorized representative is in fact that person. You acknowledge and agree that once given, an instruction cannot be revoked and if acted on by Fasset, the instruction will be binding on you.
Fasset reserves the right at all times to decline to accept your instructions, without giving any reason or explanation or prior notice. For example, Fasset may, in addition to any other rights it may have:
i. decline to act on your behalf or accept your instructions where we believe that the instruction could result in a breach of any Applicable Law, or that it is unclear, ambiguous or incomplete;
ii. where you, or a person we believe is connected with you, appears to be a Blacklisted Person, refuse to process or complete any instruction, suspend the provision of a product or Service to you, refuse to permit or to facilitate any of the Assets or Fiat Currency held by Fasset Group to be used or dealt with, refuse to make any Assets or Fiat Currency available to you or to any other Blacklisted Person or other person or terminate the Services; and
iii. decline to act where there are insufficient Assets or Fiat Currency in the Wallet to carry out the instructions, or where the Transaction does not comply with any limit that applies.
If Fasset exercises its rights under this section, you must pay Fasset on demand any loss that Fasset incurs in relation to any action taken under that Section or any Applicable Law.
We may complete your instructions by multiple Transactions and you authorize us to accumulate those Transactions on a single record and specify the volume weighted average price for those Transactions.
7.4 Risk Factors This Section provides a summary of certain risks relating to using Custodial Services. There are other risks involved in using the Custodial Services. In addition to the risks detailed in Section 11 (Risks and Liability) following general risks apply to the Custodial Services:
As the custodian Fasset has a number of rights pursuant to the Terms that may adversely affect your position and result in loss. For example, where this section applies, Fasset may sell your Assets from your Wallet and Fasset may not be in a position to return the same Assets at the time they are requested by you. Furthermore, our ability to safeguard your Assets is not absolute;
There may be circumstances where your ability to withdraw any Asset is delayed or restricted beyond 3 working days. In such instances Fasset shall notify you of such delay or restriction as soon as practicable; the operation of the Custodial Services may require third party contractors with particular expertise in blockchain technology. The availability of such contractors is limited. There may not be sufficient (or any) such contractors available on terms deemed acceptable by Fasset. The costs associated with any such contractors may be significantly greater than currently estimated. Further, the quality, reliability and timely delivery of services by such contractors may vary significantly. These may impact the delivery of the Custodial Services.
8. TRANSACTION LIMITS, SOURCE OF FUNDS, RESTRICTIONS
8.1 Transaction Limits The use of any or all the Services is subject to a limit on the volume (stated in Fiat Currency or Asset) of which you may transact or transfer in a given period (e.g. daily). Please see Schedule 1 (Verification Procedures and Limits) for further details. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change the applicable limits from time to time as we deem necessary without prior notice to you.
8.2 Source of Funds All persons accessing the Site shall at all times adhere to and comply with all relevant financial crime regulations, including without limitation any Applicable Law, rules, internal policy or regulatory requirement pertaining to money laundering, terrorist financing, bribery, corruption, tax evasion, fraud, slavery, proliferation of weapons of mass destruction, the trafficking of arms, drugs, humans or wildlife, or evasion of Sanctions (collectively known as “Financial Crime Regulations”) with respect to all Transactions or matters whatsoever and howsoever arising whether directly or indirectly from transacting with or via us.
All persons accessing the Site warrant and undertake (a) that all monies and assets deposited with us from time to time, whether fiat or crypto currency, shall come from a legitimate (and not illegal) source and are not proceeds of any illegal or unlawful activity and (b) to do all such acts and things as may be necessary to enable us to comply with Financial Crime Regulations.
8.3 Enhanced Due Diligence. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with our staff if you wish to raise your limits in respect of any or all the Services ("Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance so that you can decide whether you wish to proceed with the request. In our discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed the Enhanced Due Diligence.
8.4 Restriction You agree that you will not transfer your assets to any other wallet unless explicitly allowed by Us to do so.
9. SUSPENSION, TERMINATION AND CANCELLATION
9.1 We may: (a) refuse to complete, or block, cancel or reverse a Transaction you have authorized (even after funds have been debited from your Account), (b) suspend, restrict, or terminate your access to any or all of the Services and/or (c) deactivate or cancel your Account with immediate effect for any reason, including without limitation where:
All persons accessing the Site warrant and undertake (a) that all monies and assets deposited with us from time to time, whether fiat or crypto currency, shall come from a legitimate (and not illegal) source and are not proceeds of any illegal or unlawful activity and (b) to do all such acts and things as may be necessary to enable us to comply with Financial Crime Regulations.
i. we reasonably believe that we need to do so in order to protect our reputation;
ii. we are, in our reasonable opinion, required to do so by Applicable Law, regulation or any court or other authority to which we are subject in any jurisdiction;
iii. we reasonably suspect you of acting in breach of the Terms;
iv. we reasonably suspect you have breached our “Policy on Prohibited Use, Prohibited Businesses and Conditional Use”
v we have concerns (i) that a Transaction is erroneous or (ii) about the security of your Account;
vi. we suspect the Services are being used in a fraudulent or unauthorized manner;
vii. we suspect money laundering, terrorist financing, fraud, or any other financial crime;
viii.. use of your 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;
ix. you take any action that may circumvent our controls such as opening multiple Accounts unless the same is specifically authorized by us in your case or abusing promotions which we may offer from time to time;
x. we reasonably suspect you have given incorrect, incomplete or misleading information or made a representation or warranty that is incorrect or misleading;
xi. you become insolvent or bankrupt or receiver and/or manager, special administrator, trustee or any other similar officer has been appointed over any of your assets or undertakings.
We may also block, cancel or reverse or refuse to complete a Transaction you have authorized where there are insufficient Assets in your Wallet to cover the Transaction and (where applicable) associated fees at the time of which we receive notification of the Transaction or if your credit or debit card or any other valid payment method linked to your Account or Wallet is declined.
If we refuse to complete a Transaction and/or suspend, restrict or close your Account, and/or terminate your use of any of the Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and where appropriate the reasons for refusal, suspension or closure, and where applicable, with the procedures for correcting any factual errors or other issues that led to such refusal, suspension or closure. In the event that we refuse to complete a Transaction and/or suspend your Account, we will lift the suspension or complete the Transaction as soon as reasonably practicable once the reasons for refusal and/or suspension no longer exist. However, we are under no obligation to permit you to reinstate a Transaction at the same price or on the same terms as the suspended, reversed or cancelled Transaction.
We may suspend, restrict, or terminate your access to any or all of the Services and/or deactivate or cancel your Account, without any reason whatsoever. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of such risk management and security protocols to you.
9.2 Consequences of Termination or Suspension
Upon termination of the Services for any reason, unless prohibited by Applicable Law or by any court or other order to which Fasset is subject in any jurisdiction, you are authorized to access your Account for thirty (30) days thereafter for the purposes of transferring any Asset from your Trading Account. You are not permitted to use the Services or your Account for any other purposes during such period and we may, at our discretion, limit the functionality of the Site for you accordingly. After the thirty (30) days’ period, you shall no longer have access to the Services or your Account (which will be closed by us). If there is any Asset remaining in your Wallet after the termination, Fasset shall have the discretion to transfer the Asset out of Fasset Exchange and to your other accounts based on the information you have provided to Fasset, or otherwise deal with the Asset in accordance with Applicable Laws and regulations such as laws governing unclaimed monies and assets.
If we suspend or close your Account or terminate your use of the Services in whole or in part for any reason, we reserve the right to require you to complete the procedures as outlined in Section 4.3 (Identity Verification) again before permitting you to transfer or withdraw any Asset. You may cancel your Account at any time by withdrawing all balances in your Wallet and you shall notify us in writing of such cancellation. You will not be charged for cancelling your Account, although you will be required to pay any outstanding amounts owed by you to us. You authorize us to cancel or suspend any pending Transactions in your Account at the time of cancellation of your Account.
Provided any termination of the Services shall not affect the rights of Fasset which have accrued or arisen prior to and up to the date of such termination.
10. CHANGE, INTERRUPTION, TERMINATION, AND DISCONTINUANCE OF SERVICES.
Fasset reserve the right, in its sole discretion, to discontinue or terminate the services provided to you without notice, temporarily or permanently, including, but not limited to, the following cases:
1 ) If the personal information you have provided is not true, or inconsistent with the information at the time of registration and you have failed to provide reasonable proof (please remember, according to the laws or regulations you should submit true information);
2 ) If you violate the relevant laws and regulations or this agreement;
3 ) If required by any provisions of the laws and regulations, as well as the requirements of relevant government authorities;
4 ) For security reasons or other necessary circumstances.
11. COMPLIANCE WITH YOUR LOCAL LAWS
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Additionally, you agree to comply with all relevant laws of the UAE as applicable. When using our Services, You acknowledge that your actions are in a legal and proper manner and your sources of VFAs are not from illegal activities. We may discretionarily or in coordination with local law enforcement authorities seize, restrict or close-out your account, fiat currency and VFAs.
12. PRIVACY POLICY
Please refer to our privacy policy for information about how we collect, use, and share your information.
13. INDEMNITY
You shall indemnify us and our agents (if any), employees, officers, directors, affiliates, subsidiaries and successors, and hold them harmless from and against all third-party claims except those resulting solely from our breach of the Terms. Similarly, we shall indemnify and hold harmless you and your agents, employees, officers, directors, affiliates, subsidiaries and successors from and against all third-party claims except those resulting solely from your breach of the Terms.
14. GOVERNING LAW
The Terms, your use of the Services, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of the Terms, directly or indirectly, shall be governed by, and construed in accordance with the laws of United Arab Emirates without regard to the principles of conflicts of laws thereof.
15. JURISDICTION AND DISPUTE RESOLUTION
You acknowledge and agree that in the event of any dispute, controversy, difference or claim, including the existence, validity, interpretation, performance, breach or termination of the Terms or any dispute arising out of or relating to the Terms (“Dispute”), the parties shall first refer to the dispute resolution mechanism.
16. DISPUTE RESOLUTION
16.1 Complaints
A complaint may be made by you against:
Fasset; or any other person in respect of activity that occurs on the website, by submitting a complaint through the channel provided on the website/email.
Fasset will acknowledge your complaint within four (4) business days of its receipt by Fasset.
Fasset will consider your complaint without prejudice based on the information that you have provided and any related information that Fasset considers relevant.
Within twenty (20) Business Days of receipt of your complaint in writing by:
Requesting further information;
Offering to resolve your complaint with the requested solution;
Offering to resolve your complaint with an alternative solution; or
Making a determination rejecting your complaint, setting out reasons for the rejection.r
Upon receipt of the written response by you from Fasset, you will have twenty (20) Business Days to accept or reject the offer in accordance with the instructions set out in the response. If you shall fail to respond to the written response from Fasset, Fasset may treat the complaint as withdrawn, resolved or closed at its sole discretion.
16.2 Arbitration
Meeting. If either Party gives the other Party a written notice claiming that any dispute or difference (“Dispute”) has arisen and the Parties are unable to resolve the Dispute within ten (10) Business Days of service of that notice, then the Parties must:
1. use their best endeavors to ensure that a meeting is held in an effort to resolve the Dispute; and
2. Make available a representative who has authority to settle the Dispute to attend that meeting.
Submission to Arbitration. If the meeting referred to in Section 14.2.1 (Meeting) either:
1. takes place and the Parties are unable to resolve the Dispute within ten (10) Business Days of the meeting taking place; or
2. does not take place for any reason whatsoever within twenty (20) Business Days of service of the notice referred to in Section 14.2.1 (Meeting), then either Party to the Dispute is entitled to refer the Dispute to arbitration in accordance with the requirements and procedures set out in Section 14.2.3 (Arbitration Proceedings).
16.3 Arbitration Proceedings
i. Subject to Submission to Arbitration, any Dispute must be referred to and finally resolved by binding arbitration administered by the DIFC-LCIA Arbitration Centre (“DIFC-LCIA”) in accordance with the DIFC-LCIA Rules (“Rules”), as in force when the Notice of Arbitration is submitted in accordance with those Rules.
ii. The appointing authority shall be the DIFC-LCIA.
iii. The arbitration proceedings must be conducted in English.
iv. The arbitral tribunal is to be constituted by one (1) arbitrator appointed by mutual decision of the Parties. If the Parties cannot agree upon an arbitrator within ten (10) Business Days from the date the Respondent receives the Notice of Arbitration, the arbitrator is to be appointed by the DIFC-LCIA.
v. The arbitration award is final and binding on the Parties and the Parties agree to be bound by it and to act accordingly. Unless required by Applicable Laws or regulatory requirements or with the prior written consent of the Parties, the content, existence and award of any arbitral proceedings must be kept confidential. The costs of the arbitration and reasonable legal fees will be payable by the Parties as the arbitrator may direct in the arbitration award.
vi. Unless the Parties otherwise agree in writing or until the arbitral tribunal hands down an award, the Parties are obliged to continue fulfilling their obligations under the Terms notwithstanding the commencement of an arbitration.
16.4 Enforcement of Arbitration Award
1. Judgment upon any arbitration award rendered by the arbitral tribunal may be entered, and application for judicial confirmation or recognition or enforcement of the arbitration award may be made in any court of competent jurisdiction, and each of the Parties irrevocably submits to the jurisdiction of such court for the purposes of enforcement of this section or for confirmation or recognition or enforcement of any arbitration award rendered by the arbitral tribunal in accordance with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
2. You agree that you will not commence, or attempt or threaten to commence, any proceedings, action or claim (including any claim for compensation or costs) against us in any jurisdiction for the recovery of any loss, damage, cost or expense, or in relation to any liability which has been excluded under the Terms.
3. Injunctive or Interim Relief. Nothing in this section prevents a Party seeking for an urgent injunctive or similar interim relief from a court of competent jurisdiction.
17. GENERAL FEEDBACK AND MISCELLANEOUS
17.1 Feedback: Feedback: If you have any complaints, feedback, or questions, please contact our Customer Service. When you contact us, please provide us with your name and email address and any other information we may need to identify you, and the transaction on which you have feedback, questions, or complaints.
17.2 Miscellaneous: These Terms set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. No term or condition of any other document provided to Fasset which is different from, inconsistent with, or in addition to the terms and conditions set forth herein will be binding upon the Parties. You represent and warrant that all information disclosed to Fasset in connection with these terms are true, accurate, and complete.
FASSET USER AGREEMENT
This user agreement, as amended, supplemented or replaced from time to time in accordance with its terms and conditions ("User Agreement"), is a contract between you and Fasset Management (Bahrain) SPC ("Fasset"), a private limited company incorporated in Bahrain. If you do not agree to be bound by this User Agreement, please do not use or access our Services.
References in this User Agreement to "we", "our" or "us", are to Fasset, and references to "you" or "your" are to the person with whom Fasset enters into this User Agreement.
You must read in its entirety, agree with, and accept all the terms and conditions contained in this User Agreement, including any documents, materials or information incorporated by reference herein, before you use any Services (as defined below). We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a User (as defined below).
For the avoidance of doubt, examples of documents, materials or information incorporated by reference include but are not limited to:
the Trading Rules (as defined below);
Linked Wallet Addendums relating to the operation of specific Linked Wallets that Fasset may include from time to time;
Privacy Policy; and
any other schedule/addendum that Fasset may include from time to time.
In the event of any inconsistency between the User Agreement and any documents, materials or information incorporated by reference, the applicable provisions incorporated by reference shall prevail to the extent of such inconsistency or conflict.
Fasset may introduce and provide new Services from time to time and shall notify you through email of any new terms and conditions governing such Services as they are introduced. Such terms and conditions will supplement, form part of the User Agreement and take effect from such date as Fasset shall stipulate or in the absence of express stipulation, immediately upon notice being given to you.
By accessing the Website, opening any Account with Fasset and/or using any Services made available through the Website, as the case may be, you agree that you have read, understood and accepted and agree to be legally bound by, all of the terms and conditions contained in this User Agreement, the Trading Rules, the Linked Wallet Addendums, the Privacy Policy, any schedule/addendum that Fasset may include from time to time and any other documents, materials or information incorporated by reference into this User Agreement, as amended, supplemented or replaced from time to time. As this is a legally binding contract, please carefully read through this User Agreement and related notices before using any of our Services. Should you disagree to any of the terms and conditions in this User Agreement, please proceed to initiate the account lock function (for existing Users) and stop the usage of all Services.
DEFINITIONS
In this User Agreement, unless the context otherwise requires, the following words and expressions shall bear the following meanings:
"Account" means an account of the User opened and maintained with Fasset for purposes of procuring any Services.
"Airdrop" has the meaning given to it in Clause 13.2 below.
"API" means application programming interface.
“Fasset APIs” means the APIs made available by Fasset to you as a service, including without limitation such APIs that facilitate your access to the Services and/or the Fasset Exchange, and any services, functions and features made available through such APIs by or on behalf of Fasset.
"Fasset" has the meaning ascribed to it in the recital above.
"Fasset Platform" means the Digital Assets trading platform described in Clause 1.2 below.
"Business Day" means all days excluding Fridays, Saturdays and gazetted public holidays in Bahrain.
"Complaint Officer" has the meaning given to it in Clause 9.2 below.
"Digital Asset" means any digital asset (also known as a "cryptocurrency", "virtual currency", "digital currency", "crypto-tokens", "virtual tokens", "digital tokens" or "digital payment tokens") including but not limited to bitcoin and ether, which is issued, stored and/or transferred based on the protocol of a computer or blockchain network. Such computer or blockchain network may be (i) centralised or decentralised, (ii) permissioned or permissionless and/or (iii) based on closed or open-source software.
"Dominant Digital Asset" has the meaning given to it in Clause 13.1 below.
“Email Account” has the meaning given to it in Clause 14.8 below.
"Enhanced Due Diligence" has the meaning given to it in Clause 2.3 below.
"Fork" has the meaning given to it in Clause 13.1 below.
"Indemnified Persons" has the meaning given to it in Clause 8.1 below.
"Instruction" means any instruction, request or order given to Fasset (whether through the FassetAPIs or otherwise) in relation to the operation of any Account or to execute any Transaction, through such medium and in such form and manner as Fasset may require, and includes any instruction, request or order to revoke, ignore or vary any previous instruction, request or order in respect of any Account or Transaction.
"Limits" has the meaning given to it in Clause 4.3 below.
"Linked Wallet" means any wallet or account linked to an Account which is used for the storage of any fiat currency and/or Digital Asset to be traded on the Fasset Platform. A Linked Wallet may be operated by Fasset or a third party, and may be an omnibus wallet or account linked to multiple Users and/or Accounts.
"Linked Wallet Addendum" means the additional terms and conditions between you and Fasset in relation to Linked Wallets operated by Fasset or a third party, as set out in the addendums to this User Agreement which are incorporated by reference to this User Agreement.
"Market Maker" means a person who on an organised, continuous and systematic basis enters into Transactions in Digital Assets on the Fasset Platform for its own account and thereby creates a market for such Digital Assets. For the avoidance of doubt, a Market Maker is also a User.
"Materials" has the meaning given to it in Clause 11.1 below.
"Non-Dominant Digital Asset" has the meaning given to it in Clause 13.1 below.
"Privacy Policy" means Fasset’s privacy policy, as amended, supplemented or replaced from time to time.
"Proceedings" has the meaning given to it in Clause 14.22 below.
"Security Breach" has the meaning given to it in Clause 14.9 below.
"Services" means the Trading Services, the Fasset APIs and the services described in Clause 1.3 below.
"Bahrain Sanctions Laws" has the meaning given to it in Clause 14.4 below.
"SMS" means short message services.
"Tax" or "Taxes" means all taxes, duties, levies, charges, imposts and withholdings chargeable by, or payable to, any national, federal, state or municipal taxation or customs/excise authority (including any penalty, fee, or interest payable in connection with any failure to pay or any delay in paying any of the same).
"Trade Mark" has the meaning given to it in Clause 11.5 below.
"Trading Rules" means the Fasset Platform Trading Rules, as reflected on our website, as amended, supplemented or replaced from time to time.
"Trading Services" has the meaning given to it in Clause 1.2 below.
"Transaction" means any sale, purchase or other transaction in such Digital Asset(s) or such other asset(s) or product(s) as Fasset may from time to time permit to be carried out on the Fasset Platform.
"Transaction History" has the meaning given to it in Clause 6.2 below.
"U.S." means the United States of America and a "U.S. Person" means any of the following:
(a) a United States citizen;
(b) a United States resident; meaning (i) a green card holder, or (ii) an individual physically present in the U.S. for 31 days in the current calendar year and 183 days during the three (3) year period that includes the current year and the two (2) years immediately before that, counting: (I) all the days present in the U.S. in the current year, (II). 1/3 of the days present in the U.S. in the first year before the current year, and (III) 1/6 of the days present in the U.S. in the second year before the current year; or (iii) an individual designated a resident for U.S. tax purposes; or (iv) an individual with a U.S. mailing address or U.S. telephone number;
(c) a corporation partnership or entity organised or existing under the laws of any state territory or possession of the U.S.;
(d) an estate or trust of which any executor, administrator or trustee is a U.S. Person;
(e) an agency or branch of a foreign entity located in the U.S.;
(f) a discretionary or non-discretionary account held by a fiduciary for the benefit or account of a U.S. Person;
(g) a non-U.S. partnership, corporation or entity owned or controlled by a U.S. Person (ownership of 10% or more by a U.S. Person); or
(h) a partnership, corporation or entity with a U.S. mailing address or U.S telephone number.
"User" means any individual, corporation, legal person, entity or other organisation for whom Fasset is maintaining or continuing to maintain one or more Account(s) for the provision of the Services, including you.
"User Material" has the meaning given to it in Clause 12.1 below.
"Website" means Fasset’s website at https://www.fasset.com.
"2FA" means two-factor authentication.
1. FASSET SERVICES
1.1. Eligibility. To be eligible to use the Services, you must satisfy all of the following conditions or pre-requisites:
(a) you are an individual, corporation, legal person, entity or other organisation with full power, authority and capacity to (i) access and use the Fasset Platform and/or the Services and (ii) enter into and deliver, and perform your obligations under, this User Agreement and any agreement entered into pursuant to, or in connection with, the terms of this User Agreement;
(b) you are not a U.S. Person;
(c) you are a Gulf citizen, Gulf permanent resident, or residing and domiciled in Saudi Arabia, U.A.E., Bahrain, Kuwait and Oman;
(d) you are not a designated individual or entity as defined in the Terrorism Act (Act No. 58), or in the respective regulations promulgated under the Central Bank of Bahrain Act as amended, supplemented or replaced from time to time;
(e) (in the case of an individual) you are at least 18 years old and have full mental capacity to enter into this User Agreement and any agreement entered into pursuant to, or in connection with, the terms of this User Agreement, and to make decisions regarding your investments or transactions;
(f) all of your representations and warranties set out in this User Agreement (including, without limitation, the representations and warranties in Clause 3 below) and any and all agreement(s) entered into pursuant to, or in connection with, the terms of this User Agreement, being true, accurate, correct and complied with in all respects at all times;
(g) you have performed all of your covenants, agreements, obligations or undertakings under this User Agreement and any and all agreement(s) entered into pursuant to, or in connection with, the terms of this User Agreement; and
(h) such other conditions or pre-requisites that Fasset or the operators of any Linked Wallets may impose from time to time in its sole and absolute discretion including but not limited to the Linked Wallet Addendum(s).
Fasset shall have the right to terminate, suspend or restrict your access to your Account(s), as well as take any other action as we deem fit, in the event that you are not, or are no longer, eligible to use the Services. Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity due to any such termination, suspension or restriction of access to any Account(s), or any other action taken by any of the Indemnified Persons in connection with your ineligibility to use the Services.
1.2. Digital Assets Trading Platform. Fasset operates the Fasset Platform which provides Digital Asset trading services to Users ("Trading Services"). Users may carry out the following trades on the Fasset Platform:
(a) sale of a Digital Asset for fiat money; and
(b) purchase of a Digital Asset with fiat money.
In order to provide a liquid market and prices for Digital Assets, you acknowledge and accept that third parties, which may include affiliates or related corporations of Fasset, may act as Market Makers and transact on the Fasset Platform as counterparty to you.
1.3. Other FassetServices. In addition to the Trading Services, Fasset may make available other services from time to time, to persons deemed to be eligible for such services under Fasset's sole discretion, which shall be subject to such terms and conditions as may be prescribed by Fasset and published on the Website.
1.4. Fees. A full list of Fasset's fees can be found on https://www.fasset.com. Fasset shall have sole and absolute discretion to adjust from time to time the fees chargeable to Users in connection with the Services, which shall be binding on you if you continue to maintain your Account or use the Services after the effective date of fee adjustment. You agree to pay Fasset any and all prevailing fees charged by Fasset from time to time in connection with the provision or use of the Services.
2. FASSETACCOUNTS AND ACCESS
2.1. Opening of FassetAccount. In order to use the Services, you will need to apply for an Account by (a) providing your real name, email address and such other information as we may require, (b) selecting a password and (c) accepting the terms and conditions of this User Agreement and the Privacy Policy. You will also be required to open and maintain accounts with Linked Wallet operators, and accept the terms and conditions of the Linked Wallet operator and any Linked Wallet Addendum(s) prescribed by Fasset in order to use the Services. We reserve sole and absolute discretion to accept or reject any application for any reason or for no reason whatsoever, or limit the number of Account(s) that you may hold. Under no circumstances shall any of the Indemnified Persons be responsible or liable to you or any other person or entity for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs arising from our decision to reject your application to open an Account.
2.2. Identity Verification. You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services and your access to one or more Account(s) or the Services, and the limits that apply to your use of the Account(s) or the Services, may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number and government identification number. In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your Account(s) plus 6 years beyond the termination of your Account(s). You agree to keep us updated if any of the information you provide changes. You authorise us to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud, money laundering, terrorist financing or other financial crime, and to take any action we 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. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, Fasset shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of the Services if you cannot be reached through the contact information provided.
2.3. Enhanced Due Diligence. We may require you to submit additional information about yourself or your business, provide records or documentation, and have face to face meetings with representatives of Fasset (such process, "Enhanced Due Diligence"). We reserve the right to charge you any costs and fees associated with such Enhanced Due Diligence.
2.4. Access. To access your Account(s) or the Services, you must have the necessary equipment (such as a computer or smartphone) and the associated access to the Internet. Your Account(s) or the Services can be accessed directly using the Website or by such other mode of access (including but not limited to through the FassetAPIs) as Fasset may prescribe from time to time. The use of the Website and other methods may be subject to such additional terms as may be prescribed by Fasset.
You are only permitted to access your Account(s) using your Account(s) login credentials and other required forms of authentication. We require multi-factor authentication to keep your Account(s) safe and secure. As a result, you are required to use at least two forms of authentication when accessing your Account(s) and performing certain operations in your Account(s). Forms of multi-factor authentication in addition to your login credentials may include verification tokens delivered through SMS or a specified and supported 2FA application. If you choose to install and use a 2FA application on a device (e.g., phone or tablet) on which the operating system has been tampered with in any way, you do so at your own risk. This includes, but is not limited to, a "rooted" (Android) or "jailbroken" (iOS) device. We reserve the right in our sole discretion to prohibit access from or by any device on which the operating system has been or is suspected of having been modified or tampered with. You agree that we may provide your 2FA data to a third-party service provider in order to help us authenticate you.
2.5. Account usage. You must ensure that Account(s) registered under your name will not be used by any other person. Any breach of security, loss, theft or unauthorised use of your username, password or security information must be notified to us immediately. Fasset reserves the right to terminate, suspend or restrict your access to any Account(s) if there is reasonable suspicion by us that the person logged into your Account(s) is not you or if we suspect that the Account(s) have been or will be used for any illegal, fraudulent or unauthorised purposes. Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity due to any such termination, suspension or restriction of access to any Account(s).
2.6. Safeguarding your Account details, password and API keys. You undertake to maintain at all times adequate security and control of all of your Account details, passwords, personal identification numbers (PINs), API keys, API secret keys, or any other codes that you use to access your Account(s) or the Services or to send any Instruction to us.
2.7. Information. We reserve the right to request for, and you agree to provide, any and all such information and documents which are relevant or necessary in connection with the use of the Fasset Platform and/or the Services.
2.8. Closing your Account. You may terminate your Account(s) at any time by following the account termination procedures as prescribed by Fasset from time to time. You will not be charged for terminating your Account(s), although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation.
3. REPRESENTATIONS AND WARRANTIES
3.1. Representations and Warranties. You hereby represent and warrant to Fasset at all times that:
(a) you have full power, authority and capacity to (i) access and use the Fasset Platform and/or the Services and (ii) enter into and deliver, and perform your obligations under, this User Agreement and any agreement entered into pursuant to, or in connection with, the terms of this User Agreement;
(b) this User Agreement and any agreement entered into pursuant to, or in connection with, the terms of this User Agreement constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms;
(c) if you are an entity, you are duly incorporated, duly organised and validly existing under the laws of your jurisdiction and have full power to conduct your business, and if you are an individual, you are not less than 18 years of age and have full mental capacity to enter into this User Agreement and any agreement entered into pursuant to, or in connection with, the terms of this User Agreement, and to make decisions regarding your investments or transactions;
(d) all consents, permissions, authorisations, approvals and agreements of third parties and all authorisations, approvals, permissions, consents, registrations, declarations, filings with any regulatory authority, governmental department, commission, agency or other organisation having jurisdiction over you which are necessary or desirable for you to obtain in order to (i) access and use the Fasset Platform and/or the Services and (ii) enter into and deliver, and perform the transactions contemplated under this User Agreement and any agreement entered into pursuant to, or in connection with, the terms of this User Agreement, have been unconditionally obtained in writing and have been disclosed in writing to us and have not been withdrawn or amended;
(e) your access and use of the Fasset Platform and/or the Services, your execution and delivery of, and the performance of your obligations under this User Agreement and any agreement entered into pursuant to, or in connection with, the terms of this User Agreement, will not:
(i) if you are an entity, result in a breach of or conflict with any provision of your
constitution (or equivalent constitutive documents);
(ii) result in a breach of, or constitute a default under, any instrument, agreement, document or undertaking to which you are a party or by which you or any of your property is bound or subject; and
(iii) result in a breach of any applicable laws, rules or regulations or of any order, decree or judgment of any court, any award of any arbitrator or those of any governmental or regulatory authority in any jurisdiction;
(f) all documents and information you have provided to Fasset are true, accurate, complete and up-to-date in all respects, and may be relied upon by us in determining whether or not you are eligible to access the Fasset Platform or to utilise any of the Services; and
(g) you will not:
(i) breach this User Agreement or any agreement entered into pursuant to, or in connection with, the terms of this User Agreement;
(ii) violate or attempt to violate any law, statute, ordinance or religion;
(iii) violate Fasset's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
(iv) act in a manner that is defamatory, trade libellous, threatening or harassing;
(v) provide false, inaccurate or misleading information;
(vi) engage in potentially fraudulent or suspicious activity and/or transactions;
(vii) refuse to cooperate in any investigation or provide confirmation of your identity or the accuracy of any information you provide to us;
(viii) receive or attempt to receive funds from both Fasset and the other User for the same transaction during the course of a dispute;
(ix) conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties or other liability to Fasset, other Users, third parties or you;
(x) allow your Account(s) or your balances held in the Linked Wallet(s) to have a negative balance;
(xi) take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
(xii) facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(xiii) use an anonymising proxy;
(xiv) use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
(xv) use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Website or the Services; or
(xvi) take any action that may cause us to lose any of the services from our internet service providers, or other suppliers.
4. TRANSACTIONS
4.1. Trading Rules. You agree to adhere to, and be bound by, the Trading Rules. Fasset may, from time to time at its sole and absolute discretion, amend, supplement or replace the Trading Rules, which shall be binding on you if you continue to maintain your Account(s) or use any of the Services after the effective date of any such amendment, supplement or replacement of the Trading Rules.
4.2. Market Makers. You acknowledge, agree and accept that:
(a) one or more Market Makers (which may include affiliates or related corporations of Fasset acting in such capacity) may be appointed by Fasset to promote liquidity on the Fasset Platform, and any such Market Makers may enter into Transactions with you as your counterparty;
(b) Market Makers may have access to information that is not available to you, may have acquired trading positions at prices that are not available to you, and may have interests different from your interests;
(c) Market Makers may also maintain positions in various Digital Assets as part of their market making activities, including positions in Digital Assets that are contrary to your positions; and
(d) under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity as a result of the market making activities of the Market Makers.
4.3. Limits. You may be subject to limits on the value of Transactions, or deposits into or withdrawals out of the Linked Wallet(s) (together, "Limits"), stated in SAR, AED, BHD, KWD, OMR or USD that you may transact in a given period (e.g. daily). To view the Limits applicable to you, please check the Website. Your Limits may vary in accordance with Fasset's sole and absolute discretion. We reserve the right to change any applicable Limits from time to time in our sole and absolute discretion. If you wish to increase any of the current Limits applicable to you, you may submit a request to our user support. In respect of any such request, we may, in our sole and absolute discretion, increase your Limit, lower your Limit, or maintain your current Limit, in each case subject to any further conditions that we may impose on you.
4.4. Enhanced Due Diligence. In respect of any request to increase all or any of the current Limits applicable to you, we may require Enhanced Due Diligence measures to be conducted. We reserve the right to charge you any costs and fees associated with such Enhanced Due Diligence.
4.5. Unauthorised Transactions. You are solely responsible for the control and use of your Account(s) and any Instruction sent from your Account(s) is deemed to be authorised and is binding on you. We are not obliged to verify the identity or authority of any person(s) using your Account(s) and we shall be at liberty to accept and place full reliance on any Instruction sent from your Account(s). If you notice any unauthorised or suspicious activity in your Account(s), you must notify us immediately. Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity, arising from or in connection with any of the Indemnified Persons' reliance on any Instruction sent from your Account(s).
4.6. Retention of Transaction Information. To facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of all Transaction information for the lifetime of your Account(s) plus 6 years beyond the termination of your Account(s).
5. YOUR INSTRUCTIONS AND AUTHORISATIONS
5.1. Instructions. You are solely responsible for accurately entering any Instruction, including but not limited to all the necessary information in order to enable us to carry out any Instruction. Fasset is not obliged to verify the accuracy or completeness of any such information or Instruction, or for monitoring or refusing to process duplicate Instructions.
Your Instructions shall be irrevocable and unconditional and shall be binding on you, and such Instructions may be acted or relied upon by us irrespective of any other circumstances. As such, once you give any Instruction, you have no right to rescind or withdraw such Instruction without our written consent.
Your Instruction shall not be considered to be received by Fasset unless and until it has been received by Fasset’s server.
Additionally, Fasset's records of all Instructions shall be conclusive and binding on you for all purposes.
5.2. Our Discretion. You acknowledge and agree that Fasset may, in its sole and absolute discretion for any reason or no reason whatsoever, refuse to act upon or defer acting on any Instruction, or seek further information with respect to the Instruction. Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity, arising from or in connection with any of the Indemnified Persons' refusal or delay in acting upon any Instruction.
5.3. Your Identity or Authority. We shall not be under any obligation to verify the identity or authority of any person giving any Instruction and the authenticity of such Instruction. Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity, arising from any of the Indemnified Persons relying or acting upon any Instruction which is given or purported to be given by you, regardless of the circumstances prevailing at the time of such Instruction, the nature of the arrangement, services or transaction made pursuant to such Instruction or the amount of money involved and notwithstanding any error, misunderstanding, fraud, forgery or lack of clarity or authorisation in the terms of such Instruction.
5.4. Notification of Instructions. Fasset may transmit a notification to you upon receipt of any deposit or withdrawal Instruction from you. You are responsible to ensure that the details in any such notification transmitted to you are in accordance with your Instruction. Completion notification that an Instruction and/or a Transaction has been effected by Fasset may be provided to you via electronic communications. Any such completion notification transmitted to you shall be deemed to have been received by you immediately after transmission. You are required to contact us if you do not receive any completion notification within the time usually required for a similar notification to be received.
5.5. Credit/Debit Authorisation. You hereby authorise Fasset to credit or debit (or provide settlement information to third parties for the purposes of the third party crediting or debiting) your Digital Assets and/or fiat monies from your Account(s) or any of the Linked Wallet(s) in accordance with your Instruction. We reserve the right not to effect any Transaction if you have insufficient fiat monies or Digital Assets in your Account(s) or the Linked Wallet(s) required to settle the Transaction and to pay all the fees associated with the Transaction.
6. OUR COMMUNICATION WITH YOU
6.1. Account Communication. You agree and understand that all communication with you will be via email or any method that Fasset may prescribe from time to time. We will use the email address on record for your Account as our primary means of communicating with you. To ensure that you receive all of our communications, you agree to keep your email address up-to-date and immediately notify us if there are any changes. Delivery of any communication to the email address on record shall be considered valid and binding for all purposes. If any email communication is returned as undeliverable, we retain the right to block your Account(s) and access to the Services until you provide and confirm a new and valid email address.
6.2. Account History. Information on your past Transaction(s) ("Transaction History") will be made available on the Fasset Platform. Your Transaction History contains all of your trading activity on the Fasset Platform. We will use commercially reasonable efforts to ensure that the information contained in the notices we send you and your Transaction History is reasonably accurate and reliable.
6.3. Account Review and Acknowledgment. It is important for you to understand that it is your sole responsibility to review your Transaction History and any notices or communications sent by us. If for any reason you are unable to do so, or you do not receive our notices or communications, it is your responsibility to notify us immediately.
7. SUSPENSION, TERMINATION, AND CANCELLATION
7.1. Suspension, Termination, and Cancellation. We may from time to time in our sole and absolute discretion: (a) refuse to complete or block, cancel or reverse any Transaction you have authorised or instructed, (b) terminate, suspend or restrict your access to any or all of the Services, (c) terminate, suspend or restrict your access to any or all of your Account(s), and/or (d) refuse to transmit information or Instructions to third parties (including but not limited to third-party Linked Wallet operators), in each case with immediate effect for any reason or no reason whatsoever, including, without limitation, where:
(a) we are required to do so by any applicable law or regulation, or any court or authority to which we are subject in any jurisdiction;
(b) we have determined or suspect that you have breached any terms and conditions in this User Agreement (including the Linked Wallet Addendum(s) or any other documents, materials or information incorporated by reference herein), Trading Rules and/or the Privacy Policy;
(c) we have determined or suspect that you have breached any terms and conditions imposed by the operator of any Linked Wallet or you have revoked any authorisation provided to us in the Linked Wallet Addendum(s);
(d) we have determined or suspect that any Transaction is unauthorised, erroneous, fraudulent or unlawful or we have determined or suspect that your Account(s) or the Services are being used in a fraudulent, unauthorised or unlawful manner;
(e) we have determined or suspect there is any occurrence of money laundering, terrorist financing, fraud, or any other crime;
(f) use of your Account is subject to any pending or ongoing litigation, investigation, or judicial, governmental or regulatory proceedings and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity;
(g) you have taken any action that may circumvent our controls such as opening multiple Accounts without our written consent or abusing promotions which we may offer from time to time;
(h) you have not complied with the terms under the User Agreement (including the Linked Wallet Addendum(s) or any documents, materials or information incorporated by reference herein), Trading Rules and/or the Privacy Policy; or
(i) you have terminated the Linked Wallet(s) that you are required to maintain to use the Services or you have not complied with the terms and conditions imposed by the operator of any Linked Wallet(s) or you have revoked the authorisations provided to us in the Linked Wallet Addendum(s).
You hereby acknowledge and agree that our decision to take certain actions, including, without limitations, to terminate, suspend or restrict your access to your Account(s) or the Services, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of our risk management and security procedures to you.
Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity, due to any of the Indemnified Persons' action or inaction in accordance with the terms of this Clause 7.1.
8. LIABILITY
8.1. Indemnification. You agree to keep (a) Fasset, (b) Fasset’s shareholders, joint venture parties, affiliates and related corporations and entities, and (c) the officers, directors, employees, representatives, agents, suppliers and service providers of all of the persons and entities described in (a) and (b) ((a), (b) and (c) collectively, the "Indemnified Persons"), fully indemnified and held harmless from and against any and all losses, liabilities, costs, claims, charges, actions, demands and expenses (including, but not limited to, all costs, charges and expenses paid or incurred in disputing or defending any of the foregoing) which the Indemnified Persons may incur, suffer or which may be made against them as a result of, or in relation to (i) any sum or obligation expressed to be payable or liable to be performed under this User Agreement, the Trading Rules, the Linked Wallet Addendums, the Privacy Policy and/or any agreement entered into pursuant to, or in connection with, the terms of this User Agreement, the Trading Rules, the Linked Wallet Addendums and/or the Privacy Policy not being paid or performed by you by the time, on the date and otherwise in the manner specified in this User Agreement, the Trading Rules, the Linked Wallet Addendums, the Privacy Policy and/or such other agreement, (ii) any breach of representation, warranty, agreement or undertaking by you under this User Agreement, the Trading Rules, the Linked Wallet Addendums, the Privacy Policy and/or any agreement entered into pursuant to, or in connection with, the terms of this User Agreement, the Trading Rules, the Linked Wallet Addendums and/or the Privacy Policy, (iii) any breach or violation by you of any law, rule or regulation, or the rights of any third parties, and/or (iv) any act, omission, negligence, breach, offence or default committed or attributable to you.
8.2. Limitations of Liability. In no event shall any of the Indemnified Persons be liable to you or any other person or entity for any loss of business, profits or opportunities, or any special, punitive, aggravated, incidental, indirect or consequential losses or damages, whether arising out of or in connection with our Website, the Fasset Platform, your Account(s), the Services, this User Agreement, the Trading Rules, the Linked Wallet Addendums, the Privacy Policy and/or any agreement entered into pursuant to, or in connection with, the terms of this User Agreement, the Trading Rules, the Linked Wallet Addendums, the Privacy Policy or otherwise. Our liability, and the liability of the Indemnified Persons, to you or any third parties in any circumstance is limited to the actual amount of loss or damage which is caused directly and is reasonably foreseeable by our breach of this User Agreement, and shall not in any event exceed USD 250. Such sum shall be paid as liquidated damages by us to you in full and final settlement and satisfaction of our entire liability and the Indemnified Persons’ entire liability for any loss or damage which is caused directly and is reasonably foreseeable by our breach of this User Agreement. You acknowledge and accept that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction, and/or specific performance.
8.3. No Warranties. The Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law: specifically we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the Website, the Fasset Platform, any of your Account(s) or the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely or error-free.
We will make reasonable efforts to ensure that Transactions on the Fasset Platform 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.
8.4. Safety and Security of your Computer and Devices. Fasset is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. Fasset’s user support will never ask to screen share or otherwise seek to access your computer or Account(s); similarly, we will not ask for your 2FA codes. Always log into your Account(s) through the Website to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
8.5. No Liability for Breach. We are not liable for any breach of this User Agreement or any agreement entered into pursuant to, or in connection with, the terms of this User Agreement where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to any action or inaction which is necessary or desirable in order to comply with any laws, rules or regulations.
9. USER FEEDBACK, QUERIES AND COMPLAINTS
9.1. Contact Fasset. If you have any feedback, questions, or complaints, contact us via our user support webpage and we will in our best efforts try to resolve it for you. When you contact us please provide us with your name, email address, and any other information we may need to identify you, your Account, and the transaction in relation to which you have any feedback, questions, or complaints.
9.2. Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant, in the manner described on our user support webpage. Fasset will then open a support ticket and a user complaints officer ("Complaint Officer") will consider your complaint. The Complaint Officer will consider your complaint without prejudice based on the information you have provided and any information that we have based on our records. Within fifteen (15) Business Days of our receipt of your complaint, the Complaint Officer will use reasonable endeavours to address points raised in your complaint and the Complaint Officer may: (i) offer to resolve your complaint in the way you have requested; (ii) reject your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative proposal or solution. In exceptional circumstances, if the Complaint Officer is unable to respond to your complaint within fifteen (15) Business Days, the Complaint Officer will use reasonable endeavours to send you a holding response indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Complaint Officer will respond to your complaint (which will be no later than thirty (30) Business Days from our receipt of your complaint).
9.3. Offers. Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
10. DATA PROTECTION
10.1. Personal Data. You agree to and consent to the collection, use, disclosure, and processing of personal data you provide to us and your personal data in accordance with Fasset’s Privacy Policy.
10.2. You warrant and represent that:
(a) before providing any such personal data to us, you have read and understood our Privacy Policy and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and
(b) you have obtained all necessary consents from each individual to whom such personal data relates for the disclosure of such individual's personal data to Fasset and/or other relevant parties as specified in the Privacy Policy for such persons’ collection, use and/or disclosure for the purposes specified therein, that such consents have not been withdrawn, that such disclosure is made in accordance with all applicable data protection and data privacy laws, and that such data is accurate, up to date and relevant when disclosed.
11. INTELLECTUAL PROPERTY
11.1. As between you and us, we and/or our licensors retain ownership of all right, title and interest (including intellectual property rights) in and to the information, data, text, images, links, sounds, graphics, videos and/or other material provided to you through the Website or such other mode of access (including but not limited to through the FassetAPIs) as Fasset may prescribe from time to time or the Services (including copyright in all works and other subject matter) ("Materials") and the FassetAPIs, and any improvements, enhancements or modifications thereto made by us or any third party. No part of the same may be reproduced, adapted, distributed, republished, downloaded, displayed, broadcast, hyperlinked, posted, or transmitted in any manner or by any means or stored in an information retrieval system without our prior written permission and/or that of the relevant rights owner. You may not redistribute, sell, decompile, reverse-engineer, disassemble or otherwise deal with the Materials or the FassetAPIs save as expressly permitted under the terms of this User Agreement.
11.2. You may only access and use the Materials on the Website (or such other mode of access (including but not limited to through the FassetAPIs) as Fasset may prescribe from time to time) for personal, non-commercial uses (save that enterprise users may access and use the Materials for internal business purposes) and shall not modify the Materials in any manner. Except for the foregoing, no rights or licences, express or implied, are hereby granted to you with respect to any of our intellectual property rights or under any patents, copyrights or trade secrets as a result of our course of dealings with you hereunder.
11.3. You may not, without our permission, “deep-link” to any part of the Website, “frame” or "mirror" any Materials contained on the Website on any other server. You agree not to use the Website and/or the Materials in any manner which breaches any applicable law or regulation or causes or which may cause an infringement of any third-party rights.
11.4. In the event that you are authorised by us to download software or Materials associated with such software from the Website, the software, including any files, images incorporated in, linked to or generated by the software, and data accompanying the software is licensed to you subject to your compliance with any relevant licence terms and conditions accompanying such software or as we may from time to time notify you of.
11.5. The trade marks, service marks and logos ("Trade Marks") used and displayed on or through the Website or the Services are registered and unregistered Trade Marks of the relevant mark owners of the Fasset group and other third parties. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on the Website, without our written permission or that of other Trade Mark owners. We prohibit the use of the Trade Marks, any entity name, trade name, company name of ours or any other trade mark owned by us as a "hot" link to any website unless establishment of such a link is approved in advance by us in writing.
12. USER MATERIAL AND FEEDBACK
12.1. If you provide any reviews, posts, information, data and comments on the Website (through our “Contact Us” pages or otherwise), via our Services, or to us ("User Material"), you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable licence to do all acts comprised in the intellectual property rights in respect of such User Material, including without limitation the rights to use, exercise, reproduce, display, modify, communicate, adapt, perform, distribute or develop the same in all forms of media whether now known or in the future invented, for the purposes of operating the Website and for our business purposes (including where permitted by law, data analytics). You represent and warrant that you own or have the necessary rights, consents and permissions to grant the foregoing rights to us, and that your User Materials are your own original works and creations and/or in any case do not and will not infringe the intellectual property or other rights of any third party. You agree and acknowledge that: (i) we are not responsible for any User Material (whether provided by you or by third parties) which may be made available on the Website, and (ii) use of any such User Material is at your own risk and that we do not provide any warranties in relation to the same.
12.2. We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post or display on the Website (including any User Material) which in our sole opinion is unlawful, violates the terms of this User Agreement or could subject us or any of our affiliates, directors, employees, officers or third-party service providers to liability. We shall have the right to take any enforcement actions as we deem appropriate at our sole discretion, including but not limited to giving a written warning to you, removing any User Material, recovering damages or other monetary compensation from you, suspending or terminating your user accounts (if any), or suspending your access to the Website. We shall also have the right to restrict, refuse or ban you from any and all future use of any other product, service and/or facility provided or offered by us.
12.3. Any feedback and suggestions submitted to us via the Website or through the Services shall be deemed and remain our property, and we shall be free to use and disclose, for any purpose, any ideas, concepts, know-how or techniques contained in such information. We shall not be subject to any obligations of confidentiality or privacy regarding such submitted information except as agreed by the relevant Fasset group entity having the direct customer relationship or as otherwise specifically agreed or required by law.
13. CERTAIN RISKS RELATING TO DIGITAL ASSETS
13.1. Forks. It is possible that sudden, unexpected or controversial changes to the underlying operating rules of certain Digital Assets may occur from time to time in such a way as to result in the creation of one or more related versions of an existing Digital Asset (each instance of any such change, a "Fork"). Such Forks may result in multiple versions of a Digital Asset and could lead to the dominance of one or more such versions of a Digital Asset (each a "Dominant Digital Asset") and the partial or total abandonment or loss of value of any other versions of such Digital Asset (each a "Non-Dominant Digital Asset"). We are under no obligation to support a Fork of a Digital Asset that you hold in your Account, whether or not any resulting version of such Forked Digital Asset is a Dominant Digital Asset or a Non-Dominant Digital Asset. If we elect, at our sole and absolute discretion, to support a Fork of a Digital Asset, we will make a public announcement through the Website. Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity, arising from or in connection with any of the Indemnified Persons' (i) decision to support such Fork or the timing of implementation of such support, or (ii) decision to not support a Fork of any given Digital Asset, including the determination to support, continue to support, or cease to support any Dominant Digital Asset or Non-Dominant Digital Asset.
13.2. Airdrops. We shall have sole and absolute discretion to decide whether or not to support any distributions, dividends or "airdrops" of Digital Assets to Accounts and/or Linked Wallets operated by us (collectively, "Airdrops"), regardless of whether or not you would have received such Airdrops if you held your Digital Assets outside of the Accounts and/or Linked Wallets operated by us. We have no obligation to distribute and/or support any Airdrop and shall bear no liability to Users or any other persons for failing to do so.
13.3. You acknowledge and accept the following risks relating to the use of the Fasset Platform and the Services:
(a) the risk of loss in trading Digital Assets may be substantial and losses may occur over a short period of time;
(b) the price and liquidity of Digital Assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future;
(c) Digital Assets are not legal tender, not backed by any government, and Accounts and Linked Wallets operated by Fasset are not subject to any deposit insurance protection;
(d) legislative and regulatory changes or actions at the national or international level may adversely affect the use, transfer, exchange and value of Digital Assets;
(e) Digital Asset blockchains may Fork, and we may not support the Forked Digital Asset promptly or at all;
(f) Transactions in Digital Assets may be irreversible, and accordingly, losses due to fraudulent or accidental Transactions may not be recoverable;
(g) some transactions in Digital Assets shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you or any other User initiates or completes the Transactions on the Fasset Platform;
(h) the value of Digital Assets may be derived from or influenced by the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset disappear;
(i) the nature of Digital Assets may lead to an increased risk of fraud or cyberattack and may mean that technological difficulties experienced by Fasset may prevent access to, or use of, your Digital Assets; and
(j) Fasset may not be regulated as a financial institution or equivalent in your jurisdiction.
13.4. Use of the Services is entirely at your own risk. Fasset does not provide any financial, investment, business, accounting, tax, legal or other advice to you. All Transactions are executed automatically, based on your Instructions, and you are solely responsible for determining whether any investment, investment strategy or Transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.
14. GENERAL TERMS AND CONDITIONS
14.1. Website Accuracy. Although we intend to provide accurate and timely information on the Website, the Website (including, without limitation, all content, materials and information in the Website or referred to in the Website) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, agreements, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website are your sole responsibility and we shall have no liability for any such decisions. Links to third-party websites (including, without limitation, content, materials and/or information in the third-party websites) may be provided as a convenience but they are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the content, materials, information or services contained in any third-party websites accessible or linked from the Website.
14.2. Account Access and Security. In order to access the Services, users are required to provide an email address and create a password. Fasset offers second factor authentication via a User's electronic device through a 2FA application that Fasset may determine from time to time in its sole and absolute discretion. Users are responsible for keeping electronic devices through which the Services are accessed safe and maintaining adequate security and control of any and all security details that are used to access the Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a User's Account(s) by third-parties and the loss or theft of any fiat currency or Digital Assets held in your Account(s) and/or the Linked Wallet(s). Users must keep security details safe at all times. For example, passwords need to be safeguarded and not shared or made visible to others.
14.3. Third-Party Services. You may be required to open Linked Wallet(s) with third parties in order to access certain Services. Your relationship with the third-party service providers will be governed by the terms and conditions of the third-party service provider. In addition, we may impose, and you agree to be bound by, the additional terms and conditions as set out in the Linked Wallet Addendum(s). You further agree that Fasset may, from time to time at its sole and absolute discretion, amend, supplement or replace the Linked Wallet Addendum(s), which shall be binding on you if you continue to maintain such Linked Wallets to use any of the Services after the effective date of any such amendment, supplement or replacement of the Linked Wallet Addendum(s).
14.4. Export Controls & Sanctions. Your use of the Services and the Website may be subject to international export controls and economic sanctions requirements. By trading Digital Assets on the Fasset Platform or utilising any Services, you agree that you will fully comply with any and all such requirements. You are not permitted to transact in Digital Assets or use any of the Services if (a) we are prohibited from providing Services to you under any applicable laws and regulations, including but not limited to the Terrorism Act as amended, supplemented or replaced from time to time; or (b) you intend to transact or deal with any person in breach of any of the Bahraini Sanctions Laws.
14.5. Amendments to User Agreement/Trading Rules/Linked Wallet Addendums/Privacy Policy. We shall have sole and absolute right to amend, supplement and/or replace the terms and conditions of this User Agreement, the Trading Rules, the Linked Wallet Addendums and/or the Privacy Policy from time to time, which will be announced to all Users on the Website By continuing to maintain your Account(s) or use the Services after the effective date of modification, the modified terms and conditions of this User Agreement, the Trading Rules, the Linked Wallet Addendums and/or the Privacy Policy shall be binding on you. Copies of the most up-to-date version of the User Agreement, Trading Rules, Linked Wallet Addendums and the Privacy Policy will be made available on the Website.
14.6. Relationship of the Parties. You acknowledge and agree that: (a) Fasset is not holding any fiat monies and/or Digital Assets as your trustee, and is not acting as your broker, intermediary, agent, trustee, advisor or in any fiduciary capacity, and (b) no communication or information provided to you by us shall be considered or construed as any form of advice.
14.7. Privacy of Others. If you receive information about another User through the Fasset Platform or from utilising any Services, you must keep the information confidential and only use it in connection with the Services and always in accordance with applicable laws and regulations. You must not disclose or distribute any User's information to a third party or use the information in any manner except as reasonably necessary to effect a Transaction.
14.8. Email Security: You shall keep the email account associated with your Account ("Email Account") secure against any attacks and unauthorised access. You are required to notify Fasset immediately if you have knowledge or have reason for suspecting that the security of your Email Account has been compromised or if there has been any unauthorised use of your Email Account. Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any person by reason of or arising from or as a consequence of any access (whether authorised or not) to your Email Account by any person, any breach of security of your Email Account, or any transactions, instructions or operations effected by you or purported to be effected by you through your Email Account.
14.9. Security Breach. If you suspect that your Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or Fasset (together a "Security Breach"), you must immediately lock your Account via the disable account function on the Website or via any other method as may be prescribed by Fasset from time to time [and contact our user support in the manner described on the Website and continue to provide accurate and up to date information throughout the duration of the Security Breach.]] You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
14.10. Contact Information. You are responsible for keeping your email address and telephone number up to date in your Account profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breach) from time to time.
14.11. Taxes. It is your responsibility to determine what, if any, Taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Fasset is not responsible for determining whether any Taxes apply to your Transaction, or for collecting, reporting or remitting any Taxes arising from any Transaction. Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. In addition, you may be subject to goods and services tax (or its equivalent), sales tax, income tax, duties, or other tax liabilities as a seller of goods or services. It is your responsibility to check with your local tax advisor to determine which Taxes apply to you, and it is your responsibility to pay such Taxes to the appropriate tax authority. All fees relating to the Services are to be made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country or taxation authority are your sole responsibility. If any such deduction or withholding is required to be made, you agree to increase the sum payable to Fasset to the extent necessary to ensure that Fasset receives the amount equal to the sum which would have been due to Fasset had no such deduction or withholding been required.
14.12. Unclaimed Property. If we hold your fiat monies or Digital Assets, and we are unable to contact you and have no record of your use of the Services for several years, applicable laws and regulations may require us to report our holdings of such fiat monies or Digital Assets as unclaimed property to the authorities in certain jurisdictions. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such fiat monies or Digital Assets to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges in respect of such unclaimed monies or Digital Assets, as permitted by applicable laws and regulations.
14.13. Entire Agreement. This User Agreement (including any documents, materials or information incorporated by reference herein) sets forth the entire understanding between you and Fasset with respect to the Services.
14.14. Clause Headings. Clause headings in this User Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this User Agreement.
14.15. Transfer. This User Agreement (including any documents, materials or information incorporated by reference herein) is personal to you and you are not permitted to novate, transfer or assign your rights, interests, liabilities and/or obligations to anyone else without our prior written consent. However, you hereby acknowledge and agree that we shall have sole and absolute discretion to novate, transfer or assign this User Agreement (including any documents, materials or information incorporated by reference herein) or any of our rights, interests, liabilities and/or obligations at any time to anyone else, including, without limitation, in connection with any merger, acquisition or other corporate reorganisation involving Fasset.
14.16. Security Interests. You undertake not to create any security over your fiat monies or Digital Assets held in any of your Accounts or the Linked Wallets without our prior written consent.
14.17. Invalidity. If any provision of this User Agreement, the Trading Rules, the Linked Wallet Addendums, the Privacy Policy or any other documents, materials or information incorporated by reference in this User Agreement is or becomes illegal, invalid or unenforceable in any respect, the same shall not affect the legality, validity or enforceability of any other provisions in this User Agreement, the Trading Rules, the Linked Wallet Addendums, the Privacy Policy or any other documents, materials or information incorporated by reference in this User Agreement.
14.18. Enforcement of Our Rights. Fasset's rights and remedies under this User Agreement are cumulative and not exclusive of any rights or remedies provided by law or by any other agreement. Any failure or delay on the part of Fasset to exercise any right or remedy under this Agreement shall not operate as a waiver of such right or remedy. Any single or partial exercise of any right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy.
14.19. Language. These terms and conditions may, at Fasset's sole and absolute discretion, be translated into a language other than the English language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
14.20. Third-Party Rights. Unless expressly provided to the contrary in this User Agreement, a person who is not a party to this User Agreement has no rights under the Contracts (Rights of Third Parties) Act (as may be amended, supplemented or replaced from time to time) to enforce or enjoy the benefit of any term in this User Agreement.
14.21. Survival. All provisions of this User Agreement which by their nature extend beyond the expiration or termination of this User Agreement, including, without limitation, the clauses relating to [Definitions, Suspension, Termination or Cancellation (Clause 7), Liability (Clause 8), User Feedback, Queries and Complaints (Clause 9), Data Protection (Clause 10), Intellectual Property (Clause 11), User Material and Feedback (Clause 12), General Terms and Conditions (Clause 14)], will continue to be binding and operate after the termination or expiration of this User Agreement.
14.22. Governing Law and Jurisdiction. This User Agreement shall be governed by, and construed in accordance with, the laws of the Kingdom of Bahrain. The courts of Bahrain are to have exclusive jurisdiction to settle any disputes that may arise out of or in connection with this User Agreement and accordingly, any legal action or proceedings arising out of or in connection with this User Agreement ("Proceedings") may be brought in such courts. You irrevocably submit to the jurisdiction of such courts and waive any objection to Proceedings in any such courts whether on the ground of venue or on the ground that the Proceedings have been brought in an inconvenient forum. This submission is made for the benefit of Fasset only and shall not limit the right of Fasset to take Proceedings in any other court of competent jurisdiction nor shall the taking of Proceedings in any one or more jurisdictions preclude the taking of Proceedings in any other jurisdiction (whether concurrently or not).
FASSET PLATFORM TRADING RULES
Fasset Management (Bahrain) SPC., a private limited company incorporated in Bahrain ("Fasset") operates the "Fasset Platform", a Digital Assets trading platform.
The Fasset Platform currently offers the following Digital Assets trading services modules:
the purchase and sale of Digital Assets with specified Market Maker(s), [known as the one click buy/sell service (the "One Click Buy/Sell Service")]; and
the purchase and sale of Digital Assets on a many buyers and many sellers basis, [known as the multilateral trading service (the "Multilateral Trading Service")]
The following set of Trading Rules governs all Orders and Transactions on the Fasset Platform, and will apply to a Trader immediately upon the opening of an Account and/or immediately upon the Trader's first request to Fasset to utilise the Fasset Platform. The Trading Rules operate as a binding contract between Fasset and each Trader, and between a Trader and any other Trader.
For the avoidance of doubt, the terms and conditions in these Trading Rules which are specifically applicable to:
the One Click Buy/Sell Service would apply only if Fasset makes available, in its sole and absolute discretion, such service to the Traders; and
the Multilateral Trading service would apply only if Fasset makes available, in its sole and absolute discretion, such service to the Traders.
The terms in this Trading Rules may be amended and/or supplemented from time to time, in Fasset's sole discretion.
In the event that there is any conflict between these Trading Rules and any other statement whether written or oral made by Fasset at any time (excluding the statements in the Trading Agreements), the terms of these Trading Rules shall prevail. In the event there is any conflict between the terms of these Trading Rules and any of the Trading Agreements, the terms of such Trading Agreement shall prevail.
Except where these Trading Rules express to the contrary, the Trading Rules shall be construed in accordance with, and governed by, the laws of the Kingdom of Bahrain.
Fasset shall not be liable for anything done or omitted in accordance with these Trading Rules.
DEFINITIONS
In these Trading Rules, unless the context otherwise requires, the following words and expressions shall bear the following meanings:
"Account" means an account of a User opened and maintained with Fasset for purposes of procuring any Services or an account of a Market Maker opened and maintained with Fasset for the purposes of carrying out market making activities on the Fasset Platform, as the case may be.
"API" means application programming interface.
"Asset" means a Digital Asset or Fiat Currency.
"Available Balance" means a Trader’s Total Asset Value less any amounts held for Open Orders, Locked Asset Value, Withdrawing Asset Value and fees.
"Base Asset" means the Asset being traded on the Order Book; the first Asset in the Trading Pair. For example, on the BTC/USD Order Book, BTC is the Base Asset and USD is the Quote Asset.
“FassetAPIs” means the APIs made available by Fasset to Traders as a service, including without limitation such APIs that facilitate Traders' access to the Services and/or the Fasset Platform, and any services, functions and features made available through such APIs by or on behalf of Fasset.
"Fasset" has the meaning ascribed to it in the recital above.
"Fasset Platform" has the meaning ascribed to it in the recital above.
"Buy Price" means the price that a Trader may buy a specified quantity of a Digital Asset as set by the specified Market Maker(s) as the counterparty(ies) to the relevant Transaction.
"Cancel-only Mode" means an operation mode of the Fasset Platform during which Traders are not able to place new Orders, but are able to cancel Open Orders. Further, no Orders will be Filled during the Cancel-only Mode.
"Clearly Erroneous Transaction" has the meaning given to it in Clause 4.2.1(d) below.
"Digital Asset" means any digital asset (also known as a "cryptocurrency", "virtual currency", "digital currency", "crypto-tokens", "virtual tokens", "digital tokens" or "digital payment tokens") including but not limited to bitcoin and ether, which is issued, stored and/or transferred based on the protocol of a computer or blockchain network. Such computer or blockchain network may be (i) centralised or decentralised, (ii) permissioned or permissionless and/or (iii) based on closed or open-source software.
"Fee" has the meaning given to it in Clause 3.1.1 below.
"Fiat Currency" means a government-issued currency.
"Fill" means a match of two Orders.
"Full Trading Mode" means the normal operation of the Fasset Platform, during which Traders can place Market Orders and Limit Orders and can cancel Open Orders.
"Hold" means the setting aside of Assets allocated to an Order.
"Indemnified Persons" has the meaning given to it in Clause 1.4.1 below.
"Instruction" means any instruction, request or order given to Fasset (whether through the FassetAPIs or otherwise) in relation to the operation of any Account or to execute any Transaction, through such medium and in such form and manner as Fasset may require, and includes any instruction, request or order to revoke, ignore or vary any previous instruction, request or order in respect of any Account or Transaction.
"Irrevocable Order" has the meaning given to it in Clause 1.2.4 below.
"Limits" means the limits on the value of Transactions, or deposits into or withdrawals out of Linked Wallet(s), which are set out on the Website.
"Limit Order" means an Order to buy or sell a specified quantity of an Asset at a specified price or better.
"Linked Crypto Wallet" means any Linked Wallet used to store Digital Assets for the purposes of trading on the Fasset Platform.
"Linked Fiat Wallet" means any Linked Wallet used to store Fiat Currency for the purposes of trading on the Fasset Platform.
"Linked Wallet" means any wallet or account linked to an Account which is used for the storage of any Fiat Currency and/or Digital Asset to be traded on the Fasset Platform. A Linked Wallet may be operated by Fasset or a third party, and may be an omnibus wallet or account linked to multiple Traders and/or Accounts.
"Linked Wallet Addendum" means the additional terms and conditions between the Traders and Fasset in relation to Linked Wallets operated by Fasset or a third party, as set out in the addendums to the User Agreement which are incorporated by reference to the User Agreement.
"Locked Asset Value" means the value of a Trader's Assets subject to a Hold.
"Maker Order" has the meaning given to it in Clause 2.7.2 below.
"Market Data" has the meaning given to it in Clauses 5.1.1 and 5.1.2 below.
"Market Maker" means a person who on an organised, continuous and systematic basis enters into Transactions in Digital Assets on the Fasset Platform for its own account and thereby create a market for such Digital Assets. For the avoidance of doubt, a Market Maker is also a User.
"Market Maker Agreement" means the agreement entered into between Fasset and the Market Maker in respect of the Market Makers' market making activities on the Fasset Platform, as amended, supplemented or replaced from time to time.
"Market Manipulation" has the meaning given to it in Clause 4.6.2 below.
"Market Order" means an Order to buy or sell a specified quantity of an Asset at the best available price of existing Orders on the Order Book.
"Order" means an instruction to buy or sell a specified quantity of the Base Asset at a specified price in the Quote Asset.
"Order Book" means each order book on which Orders are placed for trading in a Trading Pair.
"Open Order" means a Maker Order which has been posted but not Filled, cancelled or expired, or a Stop Order which is currently active.
"Price-Time Priority" has the meaning given to it in Clause 2.8.2 below.
"Quote Asset" means the Asset in which trading is denominated on the Order Book; the second Asset in the Trading Pair. For example, on the BTC/USD Order Book, BTC is the Base Asset and USD is the Quote Asset.
"Scheduled Downtime" means a planned temporary outage for maintenance or upgrades. See Clause 4.
"Sell Price" means the price that a Trader may sell a specified quantity of a Digital Asset as set by the specified Market Maker(s) as the counterparty(ies) to the relevant Transaction.
"Services" refers to the Digital Asset trading services on the Fasset Platform provided by Fasset.
"Stop Limit Order" has the meaning given to it in Clause 2.5.4 below.
"Stop Market Order" has the meaning given to it in Clause 2.5.4 below.
"Stop Order" means an instruction to post an Order to buy or sell a specified quantity of an Asset but only if and when the last trade price on the Order Book is equal to, (in the case of a sell Stop Order) lower than or (in the case of a buy Stop Order) higher than, the Stop Price.
"Stop Price" means the price specified in a Stop Order.
"Taker Order" has the meaning given to it in Clause 2.7.1 below.
"Time in Force Instruction" refers to the Instructions described in Clause 2.3.5 below.
"Total Asset Value" means the gross value of all of a Trader’s Assets for the relevant Order Book, expressed in the Quote Asset based on the last trade price. This includes all Assets allocated to Open Orders.
"Trader" means a User or a Market Maker trading on the Fasset Platform.
"Trading Agreements" means the User Agreement and the Market Maker Agreement.
"Trading Pair" means each pair of a Base Asset and a Quote Asset offered on the Fasset Platform.
"Transaction" means any sale, purchase or other transaction in such Digital Asset(s) or such other asset(s) or product(s) as Fasset may from time to time permit to be carried out on the Fasset Platform.
"User" means any individual, corporation, legal person, entity or other organisation who is using the Services.
"User Agreement" means the agreement entered into between Fasset and each User in respect of the User's use of the Fasset Platform (including the User's access to the Website and the FassetAPIs) and the Services made available through the Website or the FassetAPIs, as amended, supplemented or replaced from time to time.
"Web Interface" means the user interface that is implemented in the form of a web page, and accessed through the Website.
"Website" means Fasset’s website at https://www.fasset.com.
"Withdrawing Asset Value" means the value of a Trader's Assets in a Linked Wallet which is subject to a withdrawal Instruction.
SPECIFC TERMS APPLICABLE TO THE [ONE CLICK BUY/SELL SERVICE]
1. PURCHASE AND SALE OF DIGITAL ASSETS
1.1. The One Click Buy/Sell Service allows Traders to buy or sell Digital Assets for Fiat Currency and vice versa with specified Market Maker(s) as the counterparty(ies) to each such Transaction. Each Trader’s Account will list which Trading Pairs are available to the Trader to trade in.
1.2. Orders and Settlement
1.2.1 Each purchase or sale of a Digital Asset may be effected based on the Buy Price or Sell Price applicable to the relevant Transaction, which is the price a Trader may buy or sell the Digital Asset respectively.
1.2.2 To place an Order, a Trader must have an Available Balance of the relevant Asset in the Linked Wallet which is sufficient to cover the total value of the Order plus any applicable Fees.
1.2.3 Upon specifying the quantity of a Digital Asset that a Trader would like to buy or sell, the specified Market Maker(s) who is/are participating in the One Click Buy/Sell Service shall offer to the Trader a Buy Price or a Sell Price, as the case may be, for the purchase or sale of such quantity of the Digital Asset. The Trader is required to confirm the Order based on the offered Buy Price or Sell Price, as the case may be, within the time limit specified on the Fasset Platform. The offered Buy Price or Sell Price, as the case may be, will no longer apply upon the expiration of such time limit.
1.2.4 If the Trader confirms an Order for the purchase or sale of a specified quantity of a Digital Asset based on the offered Buy Price or Sell Price, as the case may be, within the time limit specified on the Fasset Platform, such Order will become irrevocable (an "Irrevocable Order") and the Fasset Platform will promptly proceed to effect the settlement of the relevant Transaction between the Trader and the specified Market Maker(s) who is/are the counterparty(ies) to such Transaction, by debiting and crediting the relevant Digital Asset balances in the Linked Crypto Wallet(s).
1.2.5 The Fasset Platform settles the Fiat Currency payments in all Irrevocable Orders on a periodic basis, by debiting and crediting the relevant Fiat Currency balances in the Linked Fiat Wallet(s).
1.2.6 The Trader acknowledges and agrees that there is no assurance or guarantee that (a) a Buy Price or a Sell Price, as the case may be, for the purchase or sale of any quantity of any Digital Asset will be offered to the Trader and/or (b) an Irrevocable Order or Transaction will be entered into, completed and/or settled.
1.3. Buy Prices and Sell Prices
1.3.1 The Trader acknowledges and agrees that all Buy Prices and Sell Prices are set by the specified Market Maker(s) who is/are participating in the One Click Buy/Sell Service, and such prices may vary from time to time. Further, the Buy Price may not be the same as the Sell Price at any given time, and the Market Maker may add a margin or spread to the quoted Buy Price or Sell Price in its sole discretion.
1.4. Exclusion of Liability
1.4.1 Under no circumstances shall any of (a) Fasset, (b) Fasset’s shareholders, joint venture parties, affiliates and related corporations and entities, and (c) the officers, directors, employees, representatives, agents, suppliers and service providers of all of the persons and entities described in (a) and (b) ((a), (b) and (c) collectively, the "Indemnified Persons") be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by any Trader or any other person or entity, arising from or in connection with:
(a) any act, omission, negligence, breach, offence or default committed by or attributable to any Market Maker, including, without limitation, any failure of any Market Maker to (i) offer a Buy Price or Sell Price and/or (ii) enter into, complete and/or settle any Irrevocable Order or Transaction; or
(b) any Order, Irrevocable Order and/or Transaction failing to be entered into, completed and/or settled, whether this failure is attributable to Fasset or otherwise.
SPECIFIC TERMS APPLICABLE TO THE [MULTILATERAL TRADING SERVICE]
2. TRADING ON THE CENTRAL ORDER BOOK TRADING PLATFORM
2.1. Fasset operates a central order book trading platform and settles trades in a number of Digital Asset and Fiat Currency Trading Pairs. Each Trader’s Account will list which Order Books are available to the Trader to trade in.
2.2. Orders
2.2.1 To place an Order, a Trader must have an Available Balance of the relevant Asset in the Linked Wallet which is sufficient to cover the total value of the Order plus any applicable Fees.
2.2.2 When a Trader places an Order, that quantity of the relevant Asset becomes subject to a Hold.
2.2.3 A Trader can place an Order as either a Limit Order, a Market Order, or a Stop Order.
2.2.4 A Trader may cancel an open Maker Order or Stop Order at any time before it is Filled. No Fees are charged for such cancelled Orders which are not Filled.
2.3. Limit Orders
2.3.1 A Limit Order is an Order to buy or sell a specified quantity of an Asset at a specified price or better.
2.3.2 A Limit Order will only ever Fill at the specified price or a better price.
2.3.3 A Limit Order with ‘post-only’ selected will only be posted to the Order Book if it would not be posted at the same price as an existing Order on the Order Book. A Limit Order with ‘post-only’ selected will always be a Maker Order.
2.3.4 A Limit Order without ‘post-only’ selected will be immediately posted to the Order Book (subject to any Time in Force Instructions) and can result in a Maker Order or a Taker Order, or an Order that is partially a Maker Order and partially a Taker Order.
2.3.5 Limit Orders may be placed with one of the following Time in Force Instructions.
(a) Good till cancelled: if posted, the Order will remain on the Order Book until cancelled by the Trader. This is the default Time in Force Instruction.
(b) Immediate or cancel: the Order will only be posted to the Order Book to the extent that it would be immediately Filled; any remaining quantity is cancelled. This results in a Taker Order.
(c) Fill or kill: the Order will only be posted to the Order Book if it would be immediately and completely Filled. This results in a Taker Order.
2.4. Market Orders
2.4.1 A Market Order is an Order to buy or sell a specified quantity of an Asset at the best available price of existing Orders on the Order Book.
2.4.2 A Market Order may Fill at a number of different prices, based on the quantity of the Market Order and the quantities of the existing Orders on the Order Book at the time.
2.4.3 Depending on the volume and prices of Orders on the Order Book at the time when a Market Order is posted, the Market Order may Fill at a price less favourable than the most recent trade price, in some cases significantly so. This is commonly referred to as ‘slippage’.
2.4.4 A valid Market Order will be immediately posted to the Order Book. A Market Order is always a Taker Order.
2.5. Stop Orders
2.5.1 A Stop Order is an instruction to post an Order to buy or sell a specified quantity of an Asset but only if and when the last trade price on the Order Book is equal to, (in the case of a sell Stop Order) lower than or (in the case of a buy Stop Order) higher than, the Stop Price.
2.5.2 Once a Stop Order has been placed, it is considered ‘active’ until it executes by posting the relevant Order when the Stop Price is reached.
2.5.3 A Stop Order is not posted to the Order Book and is not visible to other Traders, but any resulting Order is posted and visible.
2.5.4 A Stop Order can be placed as either a Stop Market Order, which posts a Market Order when the Stop Price is reached, or a Stop Limit Order, which posts a Limit Order when the Stop Price is reached.
2.5.5 A Stop Market Order is subject to slippage in the same way as ordinary Market Orders. A Stop Limit Order is not guaranteed to Fill. The Web Interface will display a warning each time a Trader attempts to place a Stop Order.
2.6. Confirmations
2.6.1 Fasset will require Traders to provide a confirmation when Traders attempt to place an Order which would completely or partially fill at a price which is more than 5% away from the last trade price (slippage warning).
2.7. Posting of Orders to the Order Book
2.7.1 (Taker Order) If an Order is posted to the Order Book at the same price as one or more existing Orders, it is a Taker Order which will result in an immediate Fill at that price, to the extent of the total quantity of those existing Orders.
2.7.2 (Maker Order) To the extent that an Order is posted to the Order Book at a different price to all existing Orders, it is a Maker Order which will remain open at that price on the Order Book until:
(a) it is cancelled by the Trader; or
(b) it is completely Filled by one or more Taker Orders placed by another Trader at the same price.
2.8. Matching Engine and Order Priority
2.8.1 The Fasset Platform matches Taker Orders with open Maker Orders on each Order Book based on Price-Time Priority.
2.8.2 Price-Time Priority means that each time a Taker Order is posted, the Taker Order is matched with the earliest in time Maker Order at the best price on the Order Book; and to the extent that the Taker Order is not completely Filled by that Maker Order, it is matched with any subsequent Maker Orders at that price, in the sequence those Maker Orders were posted; and to the extent that the Taker Order is not completely Filled by one or more Maker Orders described above, it is matched with one or more Maker Orders at the next best price, in the sequence those Maker Orders were posted, and this process is repeated until the Taker Order is completely Filled.
2.8.3 All Traders accessing the Fasset Platform are subject to the same Price-Time Priority.
2.8.4 An Order may be matched with a number of corresponding Orders at the same price.
2.8.5 Taker Orders are matched with the best available existing Maker Orders. This means that a Limit Order placed outside the market (i.e. a sell Order below the highest existing buy Order, or a buy Order above the lowest existing sell Order) will be Filled by the best available existing Order rather than an existing Order with the same price as the Limit Order.
2.9. Fills and Settlement
2.9.1 When a Maker Order is matched with a Taker Order, those Orders are Filled. An Order may be matched with and Filled by one or more Orders at the same price.
2.9.2 As and when Orders are Filled, the Fasset Platform will promptly proceed to effect the settlement of such Filled Orders, by debiting and crediting the relevant Digital Asset balances in the Linked Crypto Wallet(s).
2.9.3 The Fasset Platform settles the Fiat Currency payments in all Filled Orders on a periodic basis, by debiting and crediting the relevant Fiat Currency balances in the Linked Fiat Wallet(s).
2.9.4 The Trader acknowledges and agrees that there is no assurance or guarantee that an Order will be Filled and/or settled.
2.10. Exclusion of Liability
2.10.1 Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by any Trader or any other person or entity, arising from or in connection with (a) any act, omission, negligence, breach, offence or default committed by or attributable to any other Trader(s) and/or (b) any Order and/or Transaction failing to be Filled, completed and/or settled, whether this failure is attributable to Fasset or otherwise.
TERMS APPLICABLE TO ALL DIGITAL ASSETS TRADING SERVICES ON THE FASSET PLATFORM
3. TRADING TERMS
3.1. Trading Fees
3.1.1 Fasset charges a fee for each Transaction ("Fee"). The applicable Fee is deducted from the Asset credited to the Linked Wallet in settlement of the Transaction following (a) the Filling of an Order, or (b) the occurrence of an Irrevocable Order.
3.1.2 The Fee is charged by debiting the Fee from the Linked Fiat Wallet or the Linked Crypto Wallet (as the case may be, in accordance with Clause 3.1.1 above) following the Filling of an Order or upon the occurrence of an Irrevocable Order.
3.1.3 Fasset may charge different Fees to different Traders, for different types of Orders, on different Order Books, or based on any other factors, at Fasset's sole discretion. Any such different Fees, and any changes to any Fees, will be reflected on the Website and will take effect at the time the updated Fee rates are published, or the later date set forth in any revision.
3.2. Trading Hours
3.2.1 Subject to Scheduled Downtime, or the disabling, termination or suspension of any Service in accordance with these Trading Rules and/or the User Agreement, the Services will be made available 24 hours a day, 7 days a week.
3.3. Withdrawal of Assets
3.3.1 Subject to any Limits imposed by Fasset, a Trader may withdraw some or all of its Digital Assets from the Linked Crypto Wallet(s).
3.3.2 Subject to any Limits imposed by Fasset and the terms set out in any Linked Wallet Addendums, a Trader may withdraw some or all of its Fiat Currency from the Linked Fiat Wallet(s).
4. MARKET INTEGRITY
4.1. All trades are final
4.1.1 Subject to Clause 4.2 below, all Fills Irrevocable Orders are final and no Trader shall have the right to reverse or cancel any Transaction, Fill or Irrevocable Order.
4.2. Reversal, cancellation, modification and/or disregard of trades
4.2.1 Fasset may, in its sole and absolute discretion, reverse, cancel, modify and/or disregard any Transaction, Fill, Order, Irrevocable Order or Instruction under any circumstance and for whatever reason or no reason whatsoever, including but not limited to where:
(a) Fasset is compelled to do so by any applicable law or regulation, including but not limited to where Fasset is required to suspend or terminate a Trader’s Account;
(b) due to a technical error, Transactions, Orders, Irrevocable Orders or Fills do not occur as specified in these Trading Rules;
(c) Orders placed by Traders who, in our sole discretion, have engaged in abusive use of the platform, for example, Market Manipulation, or using the FassetAPIs in a manner which unreasonably burdens the Fasset Platform;
(d) Orders which involve an obvious error with respect to price, quantity, or other parameters – a ‘Clearly Erroneous Transaction’. In making a determination whether a transaction is a Clearly Erroneous Transaction, Fasset will take into account the circumstances at the time of the transaction, the need to preserve the integrity of the market, and the need to maintain a fair and orderly marketplace. The Trader agrees and understands that if Fasset determines a transaction to be a Clearly Erroneous Transaction, Fasset may declare it null and void, in whole or in part, even if the Trader and/or the other party do not agree to cancel or modify it; and/or
(e) for technical reasons or to maintain the proper functioning of the Fasset Platform, it would be necessary or desirable to do so.
4.2.2 Under no circumstances shall any of the Indemnified Persons be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by any Trader or any other person or entity, arising from or in connection with Fasset's decision to reverse, cancel, modify and/or disregard any Transaction, Fill, Order, Irrevocable Order or Instruction.
4.3. Access to the Fasset Platform
4.3.1 Subject to the terms and conditions of the Trading Agreements, all Traders have equal access to the FassetAPIs and Web Interfaces. Fasset does not provide prioritised access to any Trader.
4.3.2 Fasset has the authority to take any action that it deems appropriate in its sole and absolute discretion to preserve market integrity. Such actions include, but are not limited to, the halting of trading, modifying risk-mitigating parameters, restricting Trader access to the Fasset Platform, restricting Order types to Limit Orders only, cancelling Orders resting in the Order Book, or any other action that Fasset deems to be in its best interest.
4.4. Interruptions
4.4.1 If technical reasons prevent or degrade Traders’ ability to place or cancel Orders, or prevent or degrade access to the FassetAPIs or the Web Interfaces or affect the operation of the Fasset Platform's Order Books, matching engines or any other systems or processes, then Fasset may, in its discretion, take one or more of the following actions (where applicable) in respect of one or more Order Books pursuant to the Multilateral Trading Service or in respect of the purchase or sale of Digital Assets pursuant to the One Click Buy/Sell Service:
(a) disable or suspend the depositing or withdrawing of Assets;
(b) reverse, cancel, modify and/or disregard Open Orders;
(c) disable or suspend the ability to place new Orders or Irrevocable Orders;
(d) disable or suspend the ability of Market Makers to offer any Buy Prices or Sell Prices;
(e) disable or suspend any entry into, completion and/or settlement of any Filled Orders, Irrevocable Orders and/or Transactions;
(f) disable or suspend sign-in;
(g) disable or suspend the FassetAPIs; and/or
(h) disable or suspend access to the Web Interface.
4.4.2 In the case of the Multilateral Trading Service:
(a) If access to the Fasset Platform through the Web Interface is unavailable for 5 minutes or longer, Fasset will move the Fasset Platform to Cancel-Only Mode as soon as possible.
(b) If the Fasset Platform is in Cancel-Only Mode, it will be restored to Full Trading Mode only after access through the Web Interface becomes available for at least 5 minutes and Fasset deems is it safe to restore the Fasset Platform to Full Trading Mode.
(c) Fasset will notify Traders of the move to or from Cancel-Only Mode via our website
4.5. Flash Crashes and Circuit Breakers
4.5.1 The Fasset Platform does not use circuit breakers or automated trading halts based on predetermined price bands. However, as provided in Clauses 4.3.2 and 4.4.1, Fasset may, in its discretion, halt trading.
4.6. False Trading and Market Manipulation Prohibited
4.6.1 Traders are prohibited from engaging in Market Manipulation.
4.6.2 Market Manipulation of any kind is strictly prohibited. Market Manipulation is defined as any action taken or procured to be taken, or any course of conduct, by any person (whether acting alone or in concert with other person(s)) which is intended to, or does, or is likely to:
(a) create a false or misleading appearance:
(A) of active trading in any Digital Asset on the Fasset Platform; or
(B) with respect to the market for, or the price of, any Digital Asset traded on the Fasset Platform;
(b) artificially control or manipulate the price or trading volume of a Digital Asset, including but not limited to maintaining, inflating, depressing or causing fluctuations in the market price of a Digital Asset; or
(c) aid, abet, enable, finance, support, or endorse any of the above.
For the avoidance of doubt, Market Manipulation may include, without limitation, any action or course of conduct carried out or undertaken on the Fasset Platform and/or outside of the Fasset Platform.
4.6.3 A Trader must also not effect, take part in, be concerned in or carry out, directly or indirectly, 2 or more Transactions in Digital Assets being Transactions that have, or are likely to have, the effect of raising, lowering, maintaining or stabilising the price of the Digital Asset, with the intent to induce other persons to purchase or sell such Digital Assets.
4.7. False or Misleading Statements
4.7.1 Traders are prohibited from making false or misleading statements or disseminating information that is false or misleading in a material particular and is likely:
(a) to induce other persons to purchase or sell Digital Assets; or
(b) to have the effect (whether significant or otherwise) or raising, lowering, maintaining or stabilising the market price of Digital Assets.
4.8. Employment of Manipulative and Deceptive Devices
4.8.1 Traders are prohibited from engaging in manipulative or deceptive conduct in connection with the purchase or sale of any Digital Asset. Examples of manipulative or deceptive conduct include:
(a) employing any device, scheme or artifice to defraud;
(b) engaging in any act, practice or course of business which operates as a fraud or deception, or is likely to operate as a fraud or deception, upon any person;
(c) making any statement the Trader knows to be false in a material particular; or
(d) omitting to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.
5. ACCESS TO INFORMATION
5.1. All Traders have full and equal real-time access to Market Data. Market Data is made available through the Web Interface or through other avenues which Fasset may make available from time to time in its sole discretion, including the FassetAPIs.
5.1.1 Market Data comprises the following:
(a) (with respect to the Multilateral Trading Service) all Limit Orders placed on the Order Book (price, quantity, and time), and all Fills (price, quantity, and time); and
(b) (with respect to the One Click Buy/Sell Service) all Irrevocable Orders and settled Transactions.
5.1.2 Market Data does not include the following:
(a) resting Stop Orders (Stop Orders that have been placed but where the Stop Price has not been reached); and
(b) any information about the Trader that placed any Order.
5.2. FassetCorporate Operations
5.2.1 Fasset which owns and operates the Fasset Platform, or any of its affiliates, may also trade on the Fasset Platform.
5.2.2 Fasset and its affiliates is subject to the same Price-Time Priority as all other Traders.
5.2.3 Fasset and any of its affiliates that trades on the Fasset Platform only trades based on Market Data and does not have access to any inside information. It does not engage in any front-running.
5.2.4 All trades of Assets by Fasset or its affiliate for its proprietary account will be made under a separate Account and Linked Wallet.
5.3. FassetEmployee Access
5.3.1 Fasset’s policies prohibit all Fasset’s employees from using inside, corporate or proprietary information to trade Digital Assets.
6. SCHEDULED DOWNTIME
6.1. From time to time, Fasset may suspend trading temporarily for maintenance or upgrades. Absent extenuating circumstances, the Fasset Platform will use reasonable endeavours to follow the following process for closing and re-opening trading:
Step 1: Announce Scheduled Downtime
Announce Scheduled Downtime via https://www.fasset.com/announcement.html.
Step 2: Scheduled Downtime Begins
Step 3: Immediately after Scheduled Downtime is completed
(with respect to the Multilateral Trading Service) All Order Books to enter into Cancel-only Mode
Announce the above via https://www.fasset.com/announcement.html.
6.2. Approval of Market Makers
6.2.1 A corporation may be approved by Fasset as a Market Maker, in which case the corporation shall execute a Market Maker Agreement in such form and content prescribed by Fasset.
6.3. Obligations of a Market Maker
6.3.1 The Market Maker shall comply with this set of Trading Rules.
6.3.2 The Market Maker shall continually, or upon demand, place two-way quotes in all Digital Assets covered by its Market Maker obligations:
(a) on a continuous basis or in such manner as Fasset specifies in the relevant Market Maker Agreement to provide for an adequately liquid market;
(b) within the maximum spread that Fasset specifies in the relevant Market Maker Agreement;
(c) for not less than the minimum quantity that Fasset specifies in the relevant Market Maker Agreement; and
(d) in accordance with such other requirements or specifications as Fasset may from time to time impose in the relevant Market Maker Agreement.
6.3.3 Fasset may grant exemptions from the Market Maker obligations for a limited period of time in exceptional circumstances for a specific or all Market Makers in one or several Digital Assets. Fasset will use reasonable endeavours to make public the occurrence of exceptional circumstances as soon as reasonably possible when it has become aware of such occurrence. It shall also make public the resumption of normal trading after such exceptional circumstances have ceased to exist.
6.3.4 The obligation to continually and upon request place two-way quotes shall apply within the Fasset Platform opening hours at the times stated in the relevant Market Maker Agreement. After the Filling of Orders, the settlement of Irrevocable Orders or after the re-opening of the Fasset Platform after extraordinary closure or scheduled downtime, the Market Maker shall, promptly or within a certain grace period (if any) stated in the relevant Market Maker Agreement, place new two-way quotes.
6.3.5 The Market Maker shall appoint and notify Fasset one or more natural persons who shall be continuously responsible for the market making function during the Fasset Platform opening hours.
6.4. Suspension and Restriction of Activities
6.4.1 Fasset may suspend or restrict the activities of a Market Maker for such period as Fasset specifies if the Market Maker:
(a) fails to comply with any of the provisions in these Trading Rules or in the relevant Market Maker Agreement;
(b) defaults on any trade in Digital Assets;
(c) in Fasset's opinion, is in financial or operating difficulty;
(d) is suspected of manipulating or distorting the market for a Digital Asset or attempting to do so;
(e) is the subject of a written complaint involving an allegation of fraud or dishonesty, whether in or out of Bahrain;
(f) is the subject of an investigation involving an allegation of fraud or dishonesty, whether in or out of Bahrain; or
(g) engages in conduct detrimental to the financial integrity, reputation or interests of Fasset, or the Fasset Platform.
6.4.2 Fasset may modify, suspend or terminate the activities of the Market Maker where extreme market conditions arise. In such an event, Fasset would issue a general notice to all Traders.
6.5. Revocation of Approval of Market Maker
6.5.1 Fasset may revoke the approval of a Market Maker by terminating the Market Making Agreement in accordance with the terms of the Market Making Agreement.
6.6. Resignation of Market Maker
6.6.1 A Market Maker who intends to resign from making a market for a specified Digital Asset must give at least 30 days written notice to Fasset, stating the proposed date of resignation.
6.6.2 A Market Maker who intends to resign from making a market for all Digital Assets must terminate its Market Maker Agreement in accordance with the terms of the relevant Market Maker Agreement.
6.6.3 A Market Maker must continue to comply with the Trading Rules and the relevant Market Making Agreement until the date of resignation.
6.7. Obligations of former Market Maker
6.7.1 A former Market Maker remains liable to Fasset, the Users and other Market Makers for any liabilities incurred during the period as a Market Maker under these Trading Rules.
Compliance with Local Laws
It is your responsibility to review and understand the legal and regulatory frameworks applicable to you and your usage of the Company’s service in your local jurisdiction and you represent and warrant that your usage of the Company's service is permissible under such legal and regulatory regimes. In particular, you declare that:
you have considered and shall abide by all aspects of any scheme of taxation applicable to you and your use of the Company’s service, including any duty in respect of withholding, collection, reporting and remittance to appropriate tax authorities; and
you acknowledge that the legal and regulatory treatment of the products commonly known as cryptographic tokens, digital tokens or cryptographic currencies is not settled, can differ between jurisdictions, and may alter frequently, and it is your responsibility to continually review, amongst other things, the categorisation of such products (which may include 'securities' or other regulated financial instruments) and the permissibility of dealing in or with such products under the legal and regulatory frameworks applicable to you and your usage of the Company’s service in your local jurisdiction.
All users of the Company and any of its services acknowledge and declare that the source of their funds is legitimate economic activity and their funds are not derived from illegal activities. The Company reserves the right to request a proof of source of wealth or source of funds from any of its registered users, both personal and institutional. The Company maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of users which are flagged out or investigated by legal mandate.
FASSET PERSONAL DATA PROTECTION POLICY
This Fasset Personal Data Protection Policy (“Policy”) outlines how we manage the Personal Data we hold. FASSET MANAGEMENT (BAHRAIN) SPC., and/or its related corporations and affiliates (referred to hereunder as “Fasset” “we”, “us” or “our”) collectively or singularly as the context requires, recognise the importance of protecting Personal Data.
We respect the confidentiality of Personal Data and privacy of individuals and are committed to complying with the Bahrain Personal Data Protection Law (Law No. 30 of 2018) (“PDPL”) and other applicable data protection laws. Please read this Policy so that you know and understand the purposes for which we collect, use and disclose your Personal Data.
You agree and consent to us, collecting, using, storing, processing, disclosing and sharing amongst ourselves your Personal Data as data controllers, and disclosing such Personal Data to our authorised service providers and relevant third parties as appropriate in the manner set forth in this Policy. By accessing and using any websites of Fasset, interacting with us, or providing your data to us, and subject to your rights at law, you accept and agree to these terms and conditions without any limitation or qualification. If you do not agree with any aspect of this Policy, you should immediately discontinue access or use of our website and services.
This Policy supplements but does not supersede nor replace any other consents you may have previously provided to us in respect of your Personal Data, and your consents herein are additional to any rights which any member of Fasset may have at law to collect, use or disclose your Personal Data. This Policy does not affect any rights which we may have at law in connection with the collection, use or disclosure of your Personal Data.
We may from time to time update this Policy to ensure that this Policy is consistent with our future developments, industry trends and/or any changes in legal or regulatory requirements. Subject to your rights at law, you agree to be bound by the prevailing terms of this Policy as updated from time to time. Please check back regularly for updated information on the handling of your Personal Data.
1. Your Personal Data
1.1. “Personal Data” refers to any data or information about you from which you can be identified either (a) from that data; or (b) from that data and other information to which we have or are likely to have access. Examples of such Personal Data which you may provide us include (depending on the nature of your interaction with us):
a) your name, NRIC number, passport number or other identification number, telephone number(s), mailing address, email address, photograph (including any ‘selfies’) and any other information relating to you which you have provided us in any form you may have submitted to us, or in other forms of interaction with you;
b) information about your use of our websites and services, including cookies, IP addresses, transaction details, subscription account details and membership details;
c) proof of your address of residence (including as indicated in your utility or credit card bills); and
d) your payment related information, such as your bank account or credit card information, and your credit history.
2. Collection of Personal Data
2.1. Generally, we collect your Personal Data in the following ways:
a) when you submit forms relating to any of our products or services, or submit any online queries;
b) when you register for or use any of our services on websites owned or operated by us or when you register as a member of websites owned and/or operated by us;
c) when you interact with our customer service officers or any of our staff, for example, via face-to-face meetings, telephone calls, letters, online forms (such as any “Contact Us” forms on our websites), social media platforms and emails;
d) when you use or purchase our services or products;
e) when you establish any online accounts with us;
f) when you carry out transactions on our platform or our services;
g) when you request that we contact you;
h) when you respond to our request for additional Personal Data;
i) when you ask to be included in an email or other mailing list;
j) when you respond to our promotions and other initiatives;
k) when you respond to our market surveys;
l) when you submit a job application;
m) when we receive references from business partners and third parties, for example, where you have been referred by them;
n) when you submit your Personal Data to us for any other reason; and
o) when you browse our website. Please refer to the Use of Cookies section below at paragraph 5 for more information.
2.2. We may monitor or record phone calls, your usage patterns and customer-facing interactions for quality assurance, employee training and performance evaluation, identity verification purposes, feedback, respond to your queries and requests and resolve complaints and other related purposes.
2.3. If you provide Personal Data of a third party (e.g. information of your dependent, spouse, children and/or parents) to us, you represent and warrant that the consent of that third party has been obtained for the collection, use and disclosure of the Personal Data for the purposes set out above.
3. Use and Disclosure of Personal Data
3.1. Our business is to understand and meet your needs and provide you with the products and services that you require. To do this effectively, we need to collect a range of Personal Data about you.
3.2. In general, we use and disclose your Personal Data for the following purposes:
a) to provide you with the products or services that have been requested;
b) to help us review, develop, improve, manage the delivery of and enhance our products and services, including analysing future customer needs, conducting market research and data analytics;
c) to communicate with you and respond to your queries, requests and complaints;
d) to provide ongoing information about our products and services which may be of interest to you;
e) to handle disputes and conduct and facilitate investigations and proceedings;
f) to protect and enforce our contractual and legal rights and obligations;
g) to prevent, detect and investigate crime, including fraud and money-laundering, and to analyze and manage other commercial risks (including via anti money-laundering (AML), counter-terrorism financing (CTF) and know-your-customer checks);
h) to manage our business operations and to comply with internal policies and procedures;
i) to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale) involving Fasset entity; and/or
j) to comply with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities.
3.3. In addition, we may use and disclose your Personal Data for the following purposes, depending on the nature of our relationship with you:
a) If you have a membership account with us:
(i) to process your application for the account;
(ii) to maintain your account with us;
(iii) to provide you with the goods and services which you have signed up for (including to facilitate and process crypto-related transactions and to seek your authorisation for such transactions);
(iv) to verify your personal particulars and process payment requests in relation to provision of the services which you may be entitled to or which you may have requested for;
(v) to communicate with you of changes and development to our policies, terms and conditions and other administrative information, including for the purposes of servicing you in relation to products and services offered to you;
(vi) to resolve complaints and handle requests and enquiries;
(vii) to carry out periodic screening on your transactions (including screening upon onboarding);
(viii) to carry out on-chain due diligence;
(ix) to conduct market research for statistical, profiling and statistical analysis for the improvement of services provided to you (including through the use of server log or device information); and/or
(x) to process your Personal Data in relation to any of the purposes stated above.
b) If you are a vendor, a prospective vendor or a contractor:
(i) to evaluate your proposals and to conduct background checks on you;
(ii) to communicate with your deployed staff after award of contract who are providing products or services to us, and for any emergency or/and security concerns; and/or
(iii) any other purpose directly relating to any of the above.
c) If you are an applicant for funding or initiatives provided by FassetLabs:
(i) to process your application including KYC, AML/CTF checks;
(ii) to provide or to obtain references for background screening/vetting;
(iii) to collect information about your suitability for funding or initiatives applied for;
(iv) to assess your performance;
(v) to administer benefits and provide funding to you;
(vi) to communicate with you to coordinate the running of our initiatives, and to comply with our policies and processes, including for business continuity purposes; and/or
(vii) any other purposes relating to the aforesaid.
d) If you submit an application to us as a candidate for employment or you are an existing employee:
(i) to process your application including pre-recruitment checks;
(viii) to provide or to obtain references for background screening/vetting;
(ix) to collect information about your suitability for the position applied for;
(i) to provide remuneration, review salaries and bonuses, conduct salary benchmarking reviews, staff appraisals and evaluation, as well as to recognise individuals for their services and conferring awards;
(x) to facilitate staff orientations and entry processing;
(xi) to facilitate administrative and support processes relating to your employment, including its management and termination, as well as staff benefits, including travel, manpower, business continuity and logistics management or support, processing expense claims, medical insurance applications, leave administration, training, learning and talent development, and planning and organising corporate events;
(xii) to provide you with tools and/or facilities to enable or facilitate the performance of your duties;
(xiii) to compile and publish internal directories and emergency contact lists for business continuity;
(xiv) to manage corporate social responsibility projects;
(xv) to conduct analytics and research for human resource planning and management, and for us to review, develop, optimise and improve work-related practices, environment and productivity;
(xvi) to ensure that the administrative and business operations of Fasset function in a secure, efficient and effective manner (including but not limited to examining or monitoring any computer software and/or hardware installed within Fasset, your work emails and personal digital and storage devices);
(xvii) to comply with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities (including but not limited to disclosures to regulatory bodies, conducting audit checks or surveillance and investigation);
(xviii) to administer cessation processes; and/or
(xix) any other purposes relating to the aforesaid.
3.4. The above purposes are not exhaustive, and depending on the nature of your relationship with us, we may collect, use and disclose your Personal Data for additional purposes which you will be notified of, in accordance with applicable terms and conditions.
3.5. In addition, where you have provided us with specific consents, we may also use and disclose your Personal Data for the following purposes:
a) providing services and extending benefits to you, including promotions, reward programmes, and sending you industry market updates, newsletters and other information on our products, services, offers or promotions which may be of interest to you;
b) matching Personal Data with other data collected for other purposes and from other sources (including third parties) in connection with the provision or offering of products and services, whether by us or third parties;
c) administering contests, competitions and conducting lucky draws, including, where necessary, announcing the results of these contests, competitions and lucky draws and identifying and contacting the winners; and
d) conducting market research to understand and determine customer locations, preferences and demographics for us to develop special offers, promotional and/or marketing programmes.
3.6. In relation to particular products or services or in your interactions with us, we may also notify or have specifically notified you of other purposes for which we collect, use or disclose your Personal Data. If so, we will collect, use and disclose your Personal Data for these additional purposes as well, unless we have specifically notified you otherwise.
3.7. If you have provided your Gulf telephone number(s) and have indicated that you consent to receiving marketing or promotional information via your Gulf telephone number(s), then from time to time, we may contact you using such Gulf telephone number(s) (including via voice calls, text , fax or other means) with information about our products and services (including discounts and special offers).
3.8. Your Personal Data will be protected and kept confidential, but subject to the provisions of any applicable law, your Personal Data may, depending on the products or services concerned, be disclosed to the following third parties:
a) transaction counterparties;
b) other divisions or entities within Fasset;
c) our joint venture/ alliance partners and business partners;
d) our agents, contractors, vendors, third party service providers and specialist advisers who have been contracted to provide us with administrative, financial, research, operational, IT or other services, such as telecommunications, information technology, payment, payroll, processing, training, market research, storage and archival;
e) any third party business partners who offer goods and services or sponsor contests or other promotional programmes, whether in conjunction with us or not;
f) insurers or insurance investigators and credit providers;
g) the Credit Bureau, or in the event of default or disputes, any debt collection agencies or dispute resolution centres;
h) any business partner, investor, assignee or transferee (actual or prospective) to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale) involving the Fassetgroup;
i) our professional advisors such as our auditors and lawyers;
j) relevant government regulators or authority or law enforcement agency to comply with any laws or rules and regulations imposed by any governmental authority;
k) anyone to whom we transfer or may transfer our rights and obligations;
l) banks, credit card companies and their respective service providers; and
m) any other party as may be consented to by you, as specified by that individual or in the applicable contract.
4. Keeping Your Personal Data Accurate and Up-To-Date
4.1. We endeavour to ensure that all Personal Data we have about you is accurate and up-to-date. We understand that this information changes frequently with changes of address and other personal circumstances. We encourage you to contact us soon as possible to enable us to update any Personal Data we have about you. Incomplete or outdated Personal Data may result in our inability to provide you with products and services you have requested.
5. Use of Cookies
5.1. When you interact with us on our websites, we automatically receive and record information on our server logs from your browser. We may employ cookies in order for our server to recognise a return visitor as a unique user including, without limitation, monitoring information relating to how a visitor arrives at the website, what kind of browser a visitor is on, what operating system a visitor is using, a visitor's IP address, and a visitor's click stream information and time stamp (for example, which pages they have viewed, the time the pages were accessed and the time spent per web page).
5.2. Cookies are small text files stored in your computing or other electronic devices which allow us to remember you or other data about you. The cookies placed by our server are readable only by us, and cookies cannot access, read or modify any other data on an electronic device. All web-browsers offer the option to refuse any cookie, and if you refuse our cookie then we do not gather any information on that visitor.
5.3. Should you wish to disable the cookies associated with these technologies, you may do so by changing the setting on your browser. However, you may not be able to enter certain part(s) of our website.
6. Third-Party Sites
6.1. Our website may contain links to other websites operated by third parties, such as our business partners. We are not responsible for the privacy practices of websites operated by third parties that are linked to our website. We encourage you to learn about the privacy policies of such third party websites. Once you have left our website, you should check the applicable privacy policy of the third-party website to determine how they will handle any information they collect from you.
7. Withdrawal of Consent
7.1. You may withdraw your consent given for any or all purposes set out in this Policy in writing by contacting our DPOs in accordance with paragraph 8 below. If you withdraw your consent to any or all purposes and depending on the nature of your request, we may not be in a position to continue to provide our products or services to you. Without prejudice to the foregoing, you agree and acknowledge any withdrawal of your consents in accordance with the terms set out in this Policy will not affect any consent which you may have provided to us in respect of the use of your Gulf telephone number(s) for the receiving of marketing or promotional information.
8. How to contact us
8.1. If you have any questions about this Policy or any complaints relating to your Personal Data, or you would like to obtain access and make corrections to your Personal Data records (for which we may charge a fee to cover the cost of verifying the application and locating, retrieving and copying any material requested), please contact us at email address: [email protected].
9. Governing Law
9.1. This Privacy Policy and your use of this website shall be governed in all respects by the laws of Bahrain.
DEFINITIONS
In these LW Terms, unless the context otherwise requires, the following words and expressions shall bear the following meanings:
"Available Trading Balance" means the monetary value of fiat currency in User’s local currency that the User can use for trades on the Fasset Platform.
"FassetAccount" means an account of the User opened and maintained with Fasset for purposes of procuring any Services.
"Fasset's Privacy Policy" means Fasset’s privacy policy, as amended, supplemented or replaced from time to time.
"Fasset Platform" means the Digital Assets trading platform described in Clause 1.2 of the User Agreement.
"Business Day" means all days excluding Fridays, Saturdays and gazetted public holidays in Bahrain.
"Fiat Currency Withdrawal" has the meaning given to it in Clause 5.1 below.
"Minimum Amount" means the minimum SAR, AED, BHD, KWD, OMR or USD amount as required by Fasset that must be maintained in the Linked Wallet.
"Linked Wallet" has the meaning given to it in Clause 1.1(b) below.
"Platform User" has the meaning given to it in Clause 9.2.1 of the Fasset Terms of Service.
"Services" has the meaning given to it in the User Agreement.
"Transaction" means any sale, purchase or other transaction in such Digital Asset(s) or such other asset(s) or product(s) as Fasset may from time to time permit to be carried out on the Fasset Platform.
"User" means any individual, corporation, legal person, entity or other organisation for whom Fasset is maintaining or continuing to maintain one or more FassetAccount(s) for the provision of Services, and who opens a Linked Wallet with Fasset for the purposes of trading on the Fasset Platform.
"Wallets" has the meaning given to it in Clause 1.1 below.
1. General
1.1 In order to trade on the Fasset Platform, you agree to open and maintain an account with Fasset. Each Fasset Account will consist of the following wallets:
(a) a personal Fasset wallet. Users may transfer funds from their bank accounts into this personal Fasset wallet in accordance with Fasset’s Terms of Service, and from this personal Fasset wallet into their bank accounts;
1.2 For the avoidance of doubt, all monies in the/your Wallets are held by Fasset on your behalf at all times.
2. User Authorisations
2.1 You hereby authorise Fasset to act as a Platform User, and exercise all the rights afforded to Platform Users as set out in the Fasset Terms of Service in relation to the/your Wallets (including but not limited to the rights set out in Clauses 8.2 and 9.2 of the Fasset Terms of Service). Specifically, you authorise Fasset and its employees and agents to, amongst others:
(a) access and view the balances and all other Transaction information (including Transaction history) relating to any of the/your Wallets for the purpose of reconciliation and computation of amounts due to or from you arising from Transactions on the Fasset Platform;
(b) instruct Fasset to effect transfer of funds between the/your Wallets;
(c) instruct Fasset to effect credit and debit of the Linked Wallet balance in relation to Transactions which have been executed on the Fasset Platform or for fees and charges arising from Transactions conducted through the Fasset Platform, or in relation to Transactions which have been unwound pursuant to the User Agreement;
(d) freeze (or instruct Fasset to freeze) further credit or debit to or from the Linked Wallet due to your breaches of the User Agreement or breach of applicable law or if there is a suspicion of money laundering/terrorism financing or if there are breaches of ant-money laundering/countering the financing of terrorism policies and procedures; and
(e) use any of your data or information obtained through Fasset for purposes of effecting Transactions on the Fasset Platform or otherwise and/or share any of your data or information with Fasset for purposes of operating and maintaining the Fasset Account and Wallets.
2.2 You may only withdraw or revoke the authorisations described in Clause 2.1 above upon closure of your Fasset Account in accordance with the process set out in Clause 2.8 of the User Agreement. Should you instruct Fasset to revoke any of these authorisations prior to the closure of your Fasset Account then you will not be entitled to continue using any of the Services. Fasset shall have the right to immediately terminate and/or cancel your FassetAccount pursuant to Clause 7.1 of the User Agreement.
4. Settlement of trades
4.1 Fasset will transmit settlement instructions in respect of any fiat currency amounts on a periodic basis. Fasset will perform reconciliation of the Linked Wallets and update the balances in each User's Linked Wallet to reflect all transactions conducted during the period.
5. Transfer of funds from Linked Wallet to personal wallet
5.1 You may initiate a transfer of fiat currency funds from the Linked Wallet to your personal wallet ("Fiat Currency Withdrawal") by submitting the relevant instruction via Fasset in accordance with the instructions on the Website (or such other method that Fasset may prescribe from time to time), and confirming your instruction (through the method Fasset may prescribe from time to time) to withdraw such funds.
5.2 You agree and acknowledge that any request for a Fiat Currency Withdrawal will only be effected after such time as Fasset may require to conduct the necessary verification and reconciliation procedures. Under no circumstances shall any of (a) Fasset, (b) Fasset’s shareholders, joint venture parties, affiliates and related corporations and entities, and (c) the officers, directors, employees, representatives, agents, suppliers and service providers of all of the persons and entities described in (a) and (b) be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity, arising from any delay in effecting a Fiat Currency Withdrawal.
6. Minimum Amount
6.1 You shall maintain such Minimum Account in the Linked Wallet as Fasset may from time to time in its sole and absolute discretion require.
6.2 Fasset may, in its sole and absolute discretion, vary the Minimum Amount to be maintained in the Linked Wallet at any time by notification to you. No previous Minimum Amount requirements shall set a precedent or bind Fasset.
6.3 If Fasset determines that the Minimum Amount shall be increased then, you shall pay into the Linked Wallet such additional amounts as may be necessary within three (3) Business Days to satisfy the increased Minimum Amount. Fasset shall have the right to suspend or terminate the Services available to you pursuant to Clause 7.1 of the User Agreement should you fail to do so.
6.4 Fasset may from time to time, and in its sole and absolute discretion, impose limits on the value of Transactions, or deposits into or withdrawals out of the Linked Wallet, stated in SAR, AED, BHD, KWD, OMR or USD, that you may transact in a given period, pursuant to Clause 4.3 of the User Agreement.
7. Data Protection
7.1 In addition to agreeing and accepting Fasset's Privacy Policy on how your personal information will be collected, used, disclosed and transferred amongst other things.
8. Representations and Warranties
8.1 You represent and warrant to Fasset that you expressly accept the Fasset Terms of Service in relation to the operation of the Linked Wallet and you understand that Fasset is providing their products and services (including but not limited to all services relating to the Wallets) to you subject to the Fasset Terms of Service.
8.2 You hereby represent and warrant to Fasset at all times and also undertake to Fasset that you will at all times:
(a) comply with the Fasset Terms of Service;
(b) not use the products or services provided by Fasset in violation of the Terms of Service or for any Restricted Activity set out in Clause 12 of the Terms of Service; and
(c) not use the products or services provided by Fasset in a manner that is fraudulent, unlawful, deceptive or abusive.