Terms of Service
This is a contract between you and resfinex.com (the "Site" ). The following terms and conditions of service (these "Terms of Service" ) apply to customers of the Site. You should read these Terms of Service carefully to determine which provisions apply to you. By using any of the services, functions, or features offered from time to time on the Site (collectively or individually, the "Services" ), the customer (referred to herein as "you" or "your" ) agrees to these Terms of Service.
By creating an account on the Site or by using any of the Services, you acknowledge that you have read, understand, and completely agree to these Terms of Service in effect from time to time. If you disagree with these Terms of Service or with any subsequent amendments, changes, or updates, you may not use any of the Services; your only recourse in the case of disagreement is to stop using all of the Services.
These Terms of Service may be amended, changed, or updated by Resfinex at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates.
The use of the Site and any Services is void where prohibited by applicable law.
In these Terms of Service and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
- 1.1.1. "AML" means anti-money laundering;
- 1.1.2. "Digital Tokens" means blockchain-based assets or rights, or other similar digital representations of rights or assets;
- 1.1.3. "Resfinex" means Resfinex Inc.;
- 1.1.4. "Person" includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity;
- 1.1.5. "Personal Information" means information about an identifiable individual, business, organization, or other entity, but does not include the name, title, business address, or telephone number of an employee of a business, organization, or other entity;
- 1.1.6. "Service" means any of the services, functions, or features offered on the Site;
- 1.1.7. "Site" means the Internet website www.resfinex.com;
- 1.1.9. "U.S. Person" means:
- 184.108.40.206. in the case of an individual, a Person resident in the United States; and,
- 220.127.116.11. in any other case,
- 18.104.22.168. A Person resident in the United States; or,
- 22.214.171.124. A Person owned 10% or more by one or more Persons resident in the United States or by one or more corporations or entities incorporated in or formed in the United States; and,
- 1.10 "you" or "your" means the customer.
The headings and subheadings in these Terms of Service are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.
1.3 Extended Meanings:
Unless otherwise specified in these Terms of Service, words importing the singular include the plural and vice versa and words importing gender include all genders.
1.4 Governing Law:
These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the British Virgin Islands, and shall be interpreted in all respects as a British Virgin Islands contract. Any claim or action arising from or related to these Terms of Service shall be governed by and construed and enforced in accordance with the laws of the British Virgin Islands. For the avoidance of doubt, and without limiting the generality of the foregoing, this provision expressly applies to any tort claim against Resfinex. The venue and forum for any claim or action against or involving Resfinex shall be in the British Virgin Islands. You unconditionally attorn to the exclusive jurisdiction of the courts of the British Virgin Islands and all courts competent to hear appeals therefrom. You also unconditionally agree to the exclusive forum and venue of the British Virgin Islands in all claims or actions arising from or any dispute or question of any kind relating to these Terms of Service. The doctrine of forum non conveniens shall not apply in the selection of forum under these Terms of Service.
2. Licence to Use the Site:
If you comply with these Terms of Service, Resfinex grants you the limited right to use the Site and the Services. The right to use the Site and the Services is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations in these Terms of Service. Nothing in these Terms of Service gives you any licence (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site or any of the Services.
3. Trading & Financing Activities:
The Site is a trading and information environment for the spot purchase and sale of Digital Tokens. The Site permits both unfinanced and financed transactions. Unfinanced purchases are fully funded by trading participants through funds deposited by you. For example, if you deposit $100.00 worth of Digital Tokens into your account on the Site, you may then trade or sell those Digital Tokens for other Digital Tokens. Purchases and sales of Digital Tokens on the Site, whether in an unfinanced transaction or a financed transaction, are settled by delivery of the full amount of the Digital Tokens by the seller to the purchaser's account against payment in full by the purchaser to the seller's account.
Important: The following persons are prohibited from depositing, withdrawing from, or trading or providing or taking financing on the Site:
- U.S. Persons.
4. Risks and Limitation of Liability:
Important : This paragraph is in addition to the Risk Disclosure Statement. Trading markets are volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. You are solely responsible and liable: for any and all trading and non-trading activity on the Site and for your account on the Site; and, for knowing the true status of any position or contract with any other party on the Site, even if presented incorrectly by the Site at any time. You acknowledge and agree: to be fully responsible and liable for your trading and non-trading actions and inactions on the Site and all gains and losses sustained from your use of the Site and any of the Services; to be responsible for any negative balance in your account(s) on the Site; to be fully responsible and liable for all of your obligations with respect to any financing activities on the Site; and, to be fully responsible for safeguarding access to, and any information provided through the Site and any of the Services, including, but not limited to, private keys, usernames, passwords. There is no guarantee against losses on the Site. If the value of your Digital Tokens drops below a certain level, you are responsible for responding to this market circumstance with cash or additional Digital Tokens satisfactory to Resfinex. Resfinex will not be and is not responsible for any Financing Provider losing funds or Digital Tokens to any Financing Recipient on the Site or for any losses incurred by a Financing Recipient or any other party on the Site.
Resfinex does not act as principal, counterparty, or market-maker in the transactions effected through trading on Resfinex or in providing financing for financed trading on Resfinex. However, Resfinex administers and enforces contracts among parties engaged in financing activities on the Site. You hereby irrevocably appoint Resfinex to act as your exclusive agent in respect of any contract on the Site in which you are a Financing Recipient. Specifically, you hereby grant Resfinex agency, and you authorize and instruct Resfinex: to implement, levy, monitor, and maintain a lien on all Digital Tokens in your name or control on the Site in favor of one or more Financing Providers (a "Lien" ); and, to liquidate any Digital Tokens in your name or control on the Site if necessary to ensure that any Financing Provider on the Site from whom you have obtained financing is repaid in full.
6. Satisfaction of Liens:
If and when you seek to remove all of your Digital Tokens and funds from Resfinex and there is a Lien outstanding against any of your funds or Digital Tokens, Resfinex may satisfy the Lien.
Irrespective of the nature and form of any withdrawal request, whether initiated by you or otherwise, Resfinex reserves the right to process and send withdrawals using any one or more Digital Tokens. In the course of processing and sending any withdrawals, Resfinex may be required to share your customer information with other contractual third parties. You hereby irrevocably grant full permission and authority for Resfinex to share this information with such contractual third parties and release Resfinex from any liability, error, mistake, or negligence related thereto.
8. Inactivity Fee:
Where you have not traded on the Site or engaged in any funding activity on the Site for an uninterrupted period of one year, Resfinex thereafter reserves the right to charge and obtain from you an inactivity fee of $25.00 per year, with or without notice to you. This fee will be taken from the Digital Tokens that you hold on the Site.
9. Abandoned Property:
Where you have not logged into your account on the Site for an uninterrupted period of two years, Resfinex thereafter reserves the right to deem any and all Digital Tokens that you hold on the Site to be abandoned, with or without notice to you. If your property is abandoned, it will be dealt with in one of two ways. First, if you are an unverified customer, it will be immediately forfeited to and seized by Resfinex. Second, if you are a verified customer, we will engage in a process to determine the abandoned property's owner (including successors-in-interest and next-of-kin). This process will be subject to servicing and administration fees to be levied on and collected out of the property by Resfinex. Any amounts greater than our servicing and administration fees will be paid to the property's owner, when and if found.
10. No Class Proceedings:
You and Resfinex agree that any party here to may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one Resfinex user cannot and may not affect any other Resfinex users.
11. Prohibited Uses:
You may not:
- use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Tokens, funds, or proceeds;
- trade or obtain financing on the Site, or use any Services, with anything other than funds, keys, or Digital Tokens that have been legally obtained by you and that belong to you;
- use the Site or any Services to interfere with or subvert the rights or obligations of Resfinex or the rights or obligations of any other Site customer or any other third party;
- trade using inaccurate information presented by the Site or by Resfinex or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
- use the Site or any Services to engage in conduct that is detrimental to Resfinex or to any other Site customer or any other third party;
- falsify any account registration details provided to Resfinex;
- falsify or materially omit any information or provide misleading information requested by Resfinex, including at registration;
- reverse-engineer, decompile, or disassemble any software running on the Site;
- attempt to harm Resfinex or any third party through your access to the Site or any Services, except that nothing in this subparagraph shall be construed as limiting your free speech rights under applicable law;
- where you are a resident or national of a Prohibited Jurisdiction or a U.S. Person, access the Site or any Services using any virtual private network, proxy service, or any other third party service, network, or product with the intent of disguising your IP address or location; or,
- violate these Terms of Service.
Any use as described in this paragraph shall constitute a "Prohibited Use". If Resfinex determines that you have engaged in any Prohibited Use, Resfinex may address such Prohibited Use through an appropriate sanction, in its sole and absolute discretion. Such sanctions may include, but is not limited to, making a report to law enforcement or other authorities; confiscation of any Digital Tokens that you have on the Site; and, terminating your access to any Services. Resfinex may, at its sole and absolute discretion, seize and hand over your property to law enforcement or other authorities where circumstances warrant.
12. Anti-Money Laundering and Counter-Terrorist Financing:
Resfinex is committed to providing you with safe, compliant, and reputable Services. Accordingly, Resfinex insists on a comprehensive and thorough customer due diligence process and implementation and ongoing analysis and reporting. This includes monitoring of and for suspicious transactions and mandatory reporting to international regulators. Resfinex needs to keep certain information and documentation on file pursuant to applicable law and its contractual relationships, and Resfinex hereby expressly reserves the right to keep such information and documentation. This will apply even when you terminate your relationship with Resfinex or abandon your application to have an account with Resfinex. Resfinex reserves the right to refuse registration to, or to bar transactions from or to, or terminate any relationship with, any customer for any reason (or for no reason) at any time. Without limiting the generality of the foregoing, this includes, but is not limited to, anyone from or in jurisdictions that do not meet international AML CTF standards as set out by the FATF; anyone that is a Politically Exposed Person within the meaning of the FATF's 40 Recommendations; or, anyone that fails to meet any customer due diligence standards, requests, or requirements of Resfinex. In lieu of refusing registration, Resfinex may perform enhanced customer due diligence procedures. At all times, you may be subject to enhanced customer due diligence procedures in your use of the Site and any Service.
13. Intellectual Property:
"Resfinex" and the Resfinex logos, trade names, word marks, and design marks (the "Resfinex Marks") are trademarks of Resfinex. You agree not to appropriate, copy, display, or use the Resfinex Marks or other content without express, prior, written permission to do so. Unless otherwise indicated, all materials on Resfinex are © Resfinex Inc.
14. Your Representations & Warranties:
You represent and warrant to Resfinex as follows:
- that, if you are an individual customer, you are 18 years of age or older and that you have the capacity to contract under applicable law;
- that, if you are not an individual customer, you have the requisite power and authority to sign and enter into binding agreements for and on behalf of the customer;
- that you understand the risks associated with using the Site, that you are not barred from using the Site by paragraph 3 of these Terms, and that you are not otherwise prohibited by applicable law from using the Site;
- that you will not use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Tokens or proceeds;
- that you will not trade or obtain financing on the Site or use any Services with anything other than funds or Digital Tokens that have been legally obtained by you and that belong to you;
- that you will not falsify any account registration details provided to Resfinex;
- that you will not falsify or materially omit any information or provide misleading information requested by Resfinex in the course of, directly or indirectly relating to, or arising from your activities on the Site or use of any Services, including at registration;
- that any trading or other instructions received or undertaken through your login credentials or from your authorized e-mail address on file with Resfinex are deemed to be valid, binding, and conclusive, and that Resfinex may act upon those instructions without any liability or responsibility attaching to it; and,
- that you will fairly and promptly report all income associated with your activity on the Site pursuant to applicable law and pay any and all taxes exigible thereon.
15. No Representations & Warranties by Resfinex:
Resfinex makes no representations, warranties, or guarantees to you of any kind. The Site and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.
16. No Advice:
Resfinex does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes.
17. Limitation of Liability & Release: Important :
Except as may be provided for in these Terms of Service, Resfinex assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys' fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as "Losses") directly or indirectly arising out of or related to:
- these Terms of Service;
- the Site, and your use of it;
- the Services, and your use of any of them;
- the real or perceived value of any currencies or Digital Tokens traded on the Site, or the price of any Digital Token displayed on the Site at any time;
- any inaccurate, misleading, or incomplete statement by Resfinex or on the Site regarding your account, whether caused by Resfinex's negligence or otherwise;
- any failure, delay, malfunction, interruption, or decision (including any decision by Resfinex to vary or interfere with your rights) by Resfinex in operating the Site or providing any Service;
- any stolen, lost, or unauthorized use of your account information any breach of security or data breach related to your account information, or any criminal or other third party act affecting Resfinex or any Associate; or,
- any offer, representation, suggestion, statement, or claim made about Resfinex, the Site, or any Service by any Associate.
You hereby agree to release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
18. No Waiver:
Any failure by Resfinex to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by Resfinex in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by Resfinex does not prevent either from exercising any other rights, powers, or remedies.
19. Force Majeure:
Resfinex is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state's enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, Resfinex is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.
These Terms of Service, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written consent of Resfinex. These Terms of Service, and any of the rights, duties, and obligations contained herein, are freely assignable by Resfinex without notice or your consent. Any attempt by you to assign these Terms of Service without written consent is void.
If any provision of these Terms of Service, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision and everything else in these Terms of Service continues in full force and effect.