PollyTrades
Terms of use
1. TERMS OF USE
1.1 Acceptance of the these terms of use. By accessing, reading,
and making use of this Website and the Services, you are deemed to
have reviewed, understood and accepted, on your own behalf and on
behalf of any person on whose behalf you may be acting, these
Terms of Use and agreed with the Company to be bound hereunder.
For the purposes of these Terms of Use, “person” means any natural
person, corporation, partnership, joint venture or any other
incorporated or unincorporated entity, whether acting as an
individual, fiduciary, or in any other capacity.If you do not wish
to be bound by these Terms of Use, you may not use this Website or
any of the Services.
1.2 Changes of terms of use and website. The Company reserves the
right, exercisable at any time at its sole discretion, to add to
or remove, modify or otherwise change any part of these Terms of
Use. Changes will be effective immediately at such time as the
Terms of Use are posted on this Website. You should check the
Terms of Use for changes by checking the date this page was last
updated. If any change to the Terms of Use is not acceptable to
you, you must discontinue your use of this Website and the
Services immediately. Your continued use of this Website or any of
the Services after any changes to the Terms and Conditions will
constitute your unqualified acceptance of the changes. The Company
may terminate, change, suspend or discontinue any aspect of this
Website or the Services at any time without notice. Without
limiting the generality of the foregoing, the Company may change
the availability of any features, institute new, or amend existing
fees or charges for the use of the Website, the Services, or any
features included in the Website or the Services, add, remove,
modify or otherwise change any content on this Website, and impose
limits on certain features or restrict access to parts or all of
this Website. The Company reserves the right, but not the duty, to
correct any errors or omissions in any portion of this Website at
any time and without notice.
1.3 Other agreements. These Terms of Use are in addition to
and supplementary to any other agreements that you or any person
you represent have or may enter into with the Company concerning
your dealings with them, including any information, products or
services provided by the Company. In the event of any
inconsistency or conflict between the provisions of these Terms of
Use and the provisions of any other agreement that you or any
person you represent have with the Company, the provisions of
these Terms of Use shall govern regarding your access to and use
of the Website and the Services.
2. RISK WARNING
2.1 Buying, selling and investing in cryptocurrencies can be
risky. The risk of loss in trading or holding cryptocurrency can
be substantial. You should therefore carefully consider whether
trading or holding cryptocurrency is suitable for you in light of
your financial condition. In considering whether to trade or hold
cryptocurrency, you should be aware that the price or value of
cryptocurrency can change rapidly, decrease, and potentially even
fall to zero.
2.2 The cryptocurrencies market information relating to the
past performance of an investment is not necessarily a guide to
its performance in the future. The value of investments or income
from them may go down as well as up. Like stocks and shares as
well, cryptocurrencies are valued from second to second, their bid
and offer value fluctuates sometimes widely. The degrees of
fluctuation of prices vary significantly and the value of higher
volatility funds may change suddenly. The value of investments may
rise or fall due to the volatility of world markets, interest
rates and capital values or, for investments held in overseas
markets, changes in the rate of exchange in the currency in which
the investments are denominated. You may not necessarily get back
the amount you invested.
2.3 You know and understand cryptocurrency trading also has
certain risks which can cause a complete loss to zero. As
cryptocurrencies are no official currency and the legal status is
still undefined, their legal nature is subject of change under
different jurisdictions. Unlike official currencies, which are
backed up by governments or other legal entities like the FED, ECB
or others, cryptocurrencies are a private currency, generated by
all the world. There is no central bank that could take corrective
measures to protect the value of the cryptocurrencies at a
possible crisis.
2.4 You know and understand cryptocurrency trading could be
affected by hackers, change of laws, official restrictions,
frauds, technical issues, collapse of infrastructure and many
other possible threats.
2.5 All content provided through this website is only for
your personal information and use, and is not intended to address
your particular requirements or to be relied upon in making (or
refraining from making) any specific investment or other decision.
Such content shall not constitute any form of advice or
recommendation by PollyTrades. Furthermore, there may be
additional risks that PollyTrades have not foreseen or named in
this Terms of Use.
2.6 PollyTrades does not provide any investment advice in
connection with the services contemplated by these Terms of Use.
We only provide information on the price, range, volatility of
cryptocurrencies. Any decisions to buy or sell cryptocurrencies
are made on your decision solely. PollyTrades will not be liable
for any loss you might face.
2.7 If you are unsure about any specific investment or other
decision, you should obtain appropriate expert independent advice
and assess carefully whether your financial background is suitable
for trading cryptocurrencies. Your decisions and investments are
subject to your personal responsibility.
3. REGISTRATION AND ACCOUNT OBLIGATIONS
3.1 You must be 18 years old or older to register and use our
service.
3.2 Only one registration per person is allowed. You must keep
your registration information up to date.
3.3 You must choose an email address which gives you
frequent access to emails sent to that address, as we need to be
able to contact you short notice. You must keep your password
confidential.
3.4 You must not, (1) impersonate or try to impersonate
another person, (2) disclose your password to anyone else, (3)
allow anyone else use your account or (4) use anyone else's
account.
3.5 You are responsible for everything done
using your account especially all damages may caused. If you think
that someone else may have access to, or be using, your password
or account, you must inform us as soon as possible by using online
support.
3.6 From time to time, we may restrict access
to some parts of this site, or this entire site, to users who have
registered with us for certain reasons.
3.7 You are
obliged to treat your user identification code, password or any
other piece of information as part of our security procedures as
confidential, and you must not disclose it to any third party.
PollyTrades has the right to disable any account, if in our
opinion you have failed to comply with any of the provisions of
these terms and conditions until proven wrong by the user.
4. IDENTITY VERIFICATION
4.1 PollyTrades implements and maintains the highest standards of
Know Your Customer (“KYC”) processes and controls as part of our
commitment to combating fraud and assisting in the prevention of
money laundering and terrorist financing. While our industry is
largely unregulated, PollyTrades voluntarily adheres to local and
international compliance standards in relation to customer due
diligence. To ensure we meet these standards, our customers are
required to provide certain personal details and documents when
opening a PollyTrades Account (“Identity Verification”). The
nature and extent of the Identity Verification required will
depend upon which of our supported countries you are resident in,
and the deposit and withdrawal limits that you wish to apply to
your PollyTrades Account. In certain circumstances, PollyTrades
may also perform enhanced due diligence (“EDD”) procedures in
relation to your PollyTrades Account. You accept and agree that
you will remain subject to such procedures at all times. For
identity verification contact our site's online support. You
accept and agree that there may be delays in accessing your
PollyTrades Account, or in carrying out transactions through your
PollyTrades Account, while we undertake any Identity Verification
and/or EDD procedures. Retention of information. PollyTrades is
required to retain certain information and documentation obtained
as part of the Identity Verification and EDD procedures. These
requirements apply even when you have terminated your relationship
with PollyTrades. We reserve the right to keep such information
and documentation for the required period and you accept and agree
that information and documentation you provide to PollyTrades may
be retained by us, including following the closure of your
PollyTrades Account.
4.2 To activate your account and
start transacting, you should to transfer funds to your new
account by making a qualifying deposit that should be done by one
payment. However, internal exchange transactions are not
considered while classifying your account as activate accounts.
This deposit is only required for new users as a security measure,
you will receive the deposit on your account and you will be able
to withdraw it instantly. This procedure name is wallet-wallet
verification, and it means for you that nobody can access your
account and make withdrawal without your permission.
4.3 PollyTrades RESERVES THE RIGHT TO, AT ANY TIME:
restrict or suspend your PollyTrades Account when we, in our sole
discretion, consider it necessary to carry out further Identity
Verification and/or EDD; or terminate your PollyTrades Account if
you provide, or we suspect you have provided, false information or
refuse to provide information we require for Identity Verification
and/or EDD.
5. EXCHANGE
5.1 The PollyTrades Exchange is an order book exchange platform
for cryptocurrencies that is intended for use by customers with
experience in and/or knowledge of similar platforms. Any person
using the PollyTrades Exchange does so entirely at their own risk.
The PollyTrades Exchange is not offered to customers in all
jurisdictions. This section of the Terms applies to you if you
access and/or use the PollyTrades Exchange.
5.2
PollyTrades may, at any time and in our sole discretion, refuse
any trade, impose limits on the trade amount permitted, or impose
any other conditions or restrictions upon your use of the
PollyTrades Exchange that we deem necessary. We may, for example,
limit the number of open orders that you may establish or restrict
trades from certain locations. PollyTrades reserves the right to
take such action without prior notice.
5.3 IN
ACCESSING AND/OR USING THE PollyTrades EXCHANGE FOR ANY PURPOSE,
YOU AGREE AND ACCEPT THAT: all trades executed on the PollyTrades
Exchange are executed automatically, based on the parameters of
your order instructions, and cannot be reversed. In the case of
technical issues affecting PollyTrades’s internal systems,
PollyTrades may, where possible and in its sole discretion, take
steps to reverse or otherwise amend a trade. By using the
PollyTrades Exchange, you accept and agree to all applicable fees;
PollyTrades makes no guarantee that the PollyTrades Exchange will
be available without interruption; that there will be no delays,
failures, errors, omissions or loss of transmitted information; or
that any order will be executed, accepted, recorded, or remain
open;
6. TRANSACTIONS
6.1 Transaction Refusal. We may refuse to enter into a
transaction, or we may terminate a particular transaction or all
current transactions that you have outstanding with us, without
notice to you: if you fail to make any payment or make payment
from a blockchain account from which you are doing so unlawfully;
if you fail to provide any material information we have requested
or any information or warranty that you have given to us is, or
becomes in our opinion, materially inaccurate, incorrect or
misleading; in the event of your death or loss of mental capacity;
if a serious dispute has arisen between us; if the performance of
our obligations under this agreement becomes unlawful; if you
terminate this agreement in accordance with clause 7 below; You
must notify us immediately if you become aware of any event
referred to in this paragraph happening or being likely to happen.
6.2 In the event that we refuse a transaction and
where it is lawful to do so, we will purchase at the prevailing
market rate, the equivalent in your chosen cryptocurrency with the
gross value of your deposit less any expenses, premiums,
commissions or other fees incurred by us. The balance will then be
sent to your Default Address. In the event that we incur a loss on
the transaction, you will be liable to pay us the full amount of
that loss.
6.3 You acknowledge that under certain rare
circumstances, we may be obligated to freeze your account
completely and retain any funds that we are holding on your behalf
pending further investigation.
6.4 You acknowledge
that the amount of any loss realized on the termination of a
transaction is a debt payable by you and agree that we may
immediately deduct the total amount of any loss (together with any
expenses, premiums, commissions or other fees incurred by us) from
any funds we are holding for you, including any monies you have
paid to us in relation to any transaction. If the amount we are
seeking to recover exceeds the amount of any funds held by us on
your behalf, you agree to pay the balance within 7 days of being
notified of the total amount due.
6.5 We will not pay
you any profit arising from the termination of a transaction in
any circumstances.
6.6 You agree that we may charge you interest on any sum that
remains payable to us after we terminate any or all of your
transactions at a rate of 5% per. Interest will accrue and will be
calculated daily and be compounded monthly from the date payment
was due until the full payment is received by us from you.
6.7 If we refuse or terminate a transaction and where it is lawful
to do so, we will send you a written statement explaining the
amount of any sums that may be payable to us and the amount of any
sums being withheld by us.
7. FEES
7.1 External fees. Every cryptocurrency transaction must be added
to the blockchain, the official public ledger of all completed
transactions, in order to be considered a successful and valid
transfer. The work of validating transactions and adding them to
the blockchain is done by miners, which are powerful computers
that make up a portion of the network and confirm its
transactions. Miners spend vast amounts of computing power and
energy doing this for a financial reward: with every block (a
collection of transactions) added to the blockchain comes a bounty
called a block reward, as well as all fees sent with the
transactions that were confirmed and included in the block. For
this reason, miners have a financial incentive to prioritize the
validation of transactions that include a higher fee. For someone
looking to send funds and get a quick confirmation, the
appropriate fee to include depends on the cryptocurrency being
sent and can vary greatly, depending on a number of factors, such
as transaction size and network conditions. Your wallet will
automatically calculate the appropriate fee for sending your
chosen cryptocurrency. The fee for sending ether is static (you
can view the fee for sending ether by clicking “Send” and
selecting Ether as the currency), while the fees for sending
bitcoin, bitcoin cash, and stellar are dynamic and will be
calculated by your wallet after you input the amount you want to
send. This article explains bitcoin transaction fees in greater
detail.
7.2 Internal fees. The Our Digital Exchange
shall enable matching of buy and sell orders between Users. The
latest information on the time for settlement of any transactions
and the costs and fees associated with transactions shall be as
published on our Site from time to time. According to our rules,
for each user there is a mandatory commission for all deposits
(1%), and for all withdrawals (unique for each coin). We trade at
a variable percentage above market rate to cover our operating
costs and to allow our vendors to make a profit. The trade-off for
this is ease of use and the speed of the service - we're not the
cheapest, but we try to be the best! Everything depends on the
loading of our system and the magnitude of the operation.
7.3 Collection-Related Costs. If you fail to pay fees
or any other amounts owed to Payward under these Terms and Payward
refers your account(s) to a third party for collection, then
Payward will charge you the lesser of an 3% collection fee or the
maximum percentage permitted by applicable law, to cover Payward's
collection-related costs.
7.4 At the first withdrawal
of funds, users must pay a tax of 3% of the amount of your
withdrawal. (One-time)
8. SECURITY
8.1 ACCOUNT SECURITY. PollyTrades TAKES SECURITY VERY SERIOUSLY
AND THE MEASURES WE HAVE IN PLACE TO PROTECT YOUR PollyTrades
ACCOUNT HOWEVER, YOU ARE SOLELY RESPONSIBLE FOR: maintaining
adequate security and control over your PollyTrades Account
sign-in details, including but not limited to any passwords,
personal identification numbers (PINs), API keys, or any other
codes associated with your PollyTrades Account; enabling any
additional security features available to you, including the
activation of two factor authentication on your PollyTrades
account; keeping your contact details up to date so that you can
receive any notices or alerts we may send to you in relation to
security; maintaining security and control over the email mailbox,
phone number and two-factor authentication applications or devices
associated with your PollyTrades Account;
8.2 Failure
to take the above measures, and any other security measures
available to you, may result in unauthorised access to your
PollyTrades Account and the loss or theft of any cryptocurrency
and/or Local Currency balances held in your PollyTrades Wallet or
any linked bank account(s) and/or saved credit or debit card(s).
PollyTrades shall have no liability to you for or in connection
with any unauthorised access to your PollyTrades Account, where
such unauthorised access was due to no fault of PollyTrades,
and/or any failure by you to act upon any notice or alert that we
send to you.
8.3 The security of your PollyTrades
Account may be compromised, or interruption caused to it, by
phishing, spoofing or other attack, computer viruses, spyware,
scareware, Trojan horses, worms or other malware that may affect
your computer or other equipment. PollyTrades strongly recommends
that you regularly use reputable virus screening and prevention
software and remain alert to the fact that SMS, email services and
search engines are vulnerable to spoofing and phishing attacks.
8.4 Care should be taken in reviewing messages
purporting to originate from PollyTrades and, should you have any
uncertainty regarding the authenticity of any communication, you
should log in to your PollyTrades Account through the PollyTrades
website and not any other domain name or website purporting to be,
or to be related to, PollyTrades to review any transactions or
required actions. To the maximum extent permitted by applicable
law, you accept and agree that you have full responsibility for
all activity that occurs in or through your PollyTrades Account
and accept all risks of any unauthorised or authorised access to
your PollyTrades Account.
8.5 To withdraw funds user
need to synchronize an account on our exchange with external
wallet address.
8.6 Private keys. PollyTrades securely
stores all Supported Cryptocurrency private keys (“Private Keys”)
associated with any PollyTrades Account. You accept and agree that
PollyTrades shall retain full ownership and control of the Private
Keys associated with your PollyTrades Account and that you shall
have no control of, access to, or the ability to use, such Private
Keys
8.7 FOR EXAMPLE, BUT WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, PollyTrades WILL NOT: accept or
adhere to any instruction to sign any data with a Private Key;
give access to any funds associated with your private keys, other
than those of the Supported Cryptocurrency associated with your
cryptocurrency wallet; give access to any funds associated with
your private keys, other than those of the Supported
Cryptocurrency associated with your cryptocurrency wallet;
9. SERVICE AVAILABILITY
9.1 While we will do everything we can to provide continuous operations, PollyTrades does not provide any warranty in relation to the availability of the PollyTrades Site or your PollyTrades Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to the PollyTrades Site or your PollyTrades Account and make no representation that the PollyTrades Site, PollyTrades API, your PollyTrades Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.
10. TRANSACTIONS ON CRYPTOCURRENCY NETWORKS
10.1 When you use your PollyTrades Account to send or receive
cryptocurrency, the transaction must be confirmed and recorded in
the public ledger associated with the relevant cryptocurrency
network (e.g. the Bitcoin network or the Ethereum network). That
cryptocurrency network is solely responsible for verifying and
confirming any such transactions. PollyTrades cannot confirm,
cancel or reverse transactions on a cryptocurrency network, other
than confirming to you that the network has completed the
transaction.
10.2 Once submitted to a cryptocurrency
network, a transaction will be unconfirmed for a period of time
pending sufficient confirmation of the transaction by the network.
A transaction is not complete while it is in a pending state.
Funds associated with transactions that are in a pending state
will be designated accordingly, and will not be included in your
PollyTrades Wallet balance or be available to you to conduct
transactions; When you send cryptocurrency from your PollyTrades
Account, you are authorising us to submit your transaction request
to the relevant cryptocurrency network. Once a transaction request
has been submitted to the relevant cryptocurrency network, the
network will automatically complete or reject the request and
neither you or PollyTrades will be able to cancel or otherwise
modify your transaction. Cryptocurrency networks are operated by
decentralised networks of independent third parties. They are not
owned, controlled or operated by PollyTrades so we cannot ensure
that any transaction details you submit will be confirmed by the
relevant cryptocurrency network. You agree that any transaction
details you submit may not be completed, or may be substantially
delayed, by the cryptocurrency network used to process the
transaction.
10.3 SITE, YOU ACCEPT AND AGREE THAT:
PollyTrades is not responsible for the operation of any
cryptocurrency network’s underlying software protocols and makes
no guarantee as to their availability, security, or functionality;
the underlying software protocols are subject to sudden changes in
operating rules (known as “forks”), and that such forks may
materially affect the value, function, and/or name of any
cryptocurrency you store in your PollyTrades Account. Should a
fork occur, PollyTrades may, with or without notice to you,
temporarily suspend our operations and, in our sole discretion,
decide whether or not to support either branch of the forked
protocol entirely; in the event PollyTrades decides not to support
a branch of a forked protocol, you will not be given access to the
assets on that fork. Those assets will be securely held by
PollyTrades and we will not buy or sell them.
11. SPECIAL CONDITION
11.1 Your use of the PollyTrades Site is subject to international
export controls and economic sanctions requirements. By
undertaking any activity on the PollyTrades Site or through your
PollyTrades Account, including but not limited to sending,
receiving, buying, selling, storing or trading any cryptocurrency,
you agree that you will at all times comply with those
requirements. In particular, and without any
11.2 ACCOUNT IF: you are in or under the control of, or resident
of, any country subject to United States embargo, UN sanctions,
the HM Treasury financial sanctions regime, or if you are on the
U.S. Treasury Department's Specially Designated Nationals List or
the U.S. Commerce Department's Denied Persons List, Unverified
List, Entity List, or HM Treasury's financial sanctions regime;
you intend to supply any acquired or stored cryptocurrency, or
transact with people or businesses operating in any country
subject to United States embargo or HM Treasury's financial
sanctions regime, or to a person on the Specially Designated
Nationals List, Denied Persons List, Unverified List, Entity List,
or HM Treasury's financial sanctions regime. Order to counteract
the legalization (laundering) of proceeds from crime, financing of
terrorism, as well as the exclusion of risks of user-s who are
located in geographical areas with unregulated legislation in the
field of cryptocurrencies, the user who is registered less than 3
(three) months on exchange, when balance replenishment, will have
to make an insurance payment is 0.1-0.5(depending on the country
of residence) BTC (or the same value in other currencies)
including 5% fee of insurance company to the exchange account.
Amount will be returned without the commission of the site if no
violations will be detected within 14 days. User who is a citizen
of the Russian Federation agrees that due to the aggressive policy
of this State and the imposition of appropriate international
sanctions on it and the Russian Federation's ranking as a
high-risk country for illegal financial transactions, he will have
to make an insurance contribution to the account provided by the
exchange. The same rule is introduced for User-s from another
high-risked countries for illegal financial transactions.
12. PREMIUM ACCOUNT
12.1 To increase your account level to premium, you must make a
corresponding deposit in one transaction to our platform required
by the system.
12.2 LET’S LOOK AT SOME BENEFITS OF AN
VIP TRADING ACCOUNT: Personal Account Manager. One of the most
important VIP benefits, is certainly the client’s exposure to
better profitability rates. Higher profitability percentages
definitely increase a trader’s chances of being a successful and
profitable trader. Option VIP clients have access to personal
account managers who are ready to assist them where necessary.
These account managers are market professionals who are trained to
guide VIP clients in using analytical tools and methods to
increase their profitability. Whether you’ve been trading for 5
days or 5 decades, there is always something new to learn about
the financial markets! Personal account managers are available to
assist VIP clients 24 hours a day, 5 days a week. Fast Processing
of Withdrawal Requests. An IQ Option VIP withdrawal is usually
processed within one business day! Pretty impressive, isn’t it?
VIP clients can also contact their personal account managers to
speed up the withdrawal process if necessary. VIP chatroom VIP
members get 5-10 signals each day! These signals mirror the same
trades our pros are makings with details about which coins to buy,
where the ideal entries should be, and where the targets are to
exit great profits! VIP Members get EVEN MORE, with inside info,
daily market analysis, and access to personal coaching on their
trades around the clock. JOIN VIP TODAY to access all of this,
PLUS the Exclusive chatroom for PollyTrades Family members! The
PollyTrades Team and VIP members are here to help and share with
each other. Join the PollyTrades Family Chat to enjoy one of the
best crypto communities on the planet.
12.3 Users, the
registration period was less than 1 month, which exceeded the size
of their account above 0.3 BTC (equivalent amount in other
currencies) need to activate Premium status to access the
trade/withdraw of funds.
12.4 To maintain your VIP
Status or to reach a higher VIP level you must transact a certain
amount to merchants or to buy or sell Crypto within the quarter.
13. CLOSURE OF YOUR ACCOUNT
13.1 You may close your PollyTrades Account by submitting a
closure request via the Help Centre. PollyTrades will action such
requests once (i) the sum of all Local Currency and cryptocurrency
balances in your PollyTrades Wallet(s) is below the Minimum
Closure Amount; and (ii) no transactions have taken place in your
PollyTrades Account for a period of at least 30 days. Such
requirements are designed to protect you from loss and PollyTrades
will not action a closure request until they are satisfied.
13.2 YOU ACCEPT AND ACKNOWLEDGE THAT, ONCE YOUR
PollyTrades ACCOUNT IS CLOSED: you will have no further access to
it; PollyTrades will be under no obligation to notify you of, or
provide to you, any cryptocurrency sent to any receive address
associated with your PollyTrades Account; PollyTrades reserves the
right (but has no obligation) to delete all of your information
and account data stored on our servers, and also reserves the
right to retain any information that is required for legal or
operational reasons;
13.3 If at the date of closure of
your account any Local Currency or cryptocurrency remains in your
PollyTrades Wallet(s) (i.e. funds amounting to less than the
Minimum Closure Amount), you accept and agree that PollyTrades
shall retain such funds and that you shall have no further claim
to them. The Minimum Closure Amount shall be USD10.00 or the
equivalent in your Local Currency. You accept and agree that
PollyTrades shall not be liable to you or any third party in
relation to the closure of your PollyTrades Account, the
termination of access to your PollyTrades Account, or for the
deletion of your information or PollyTrades Account data.
14. RESTRICTION, SUSPENSION AND TERMINATION
14.1 We reasonably suspect your PollyTrades Account to be the
subject of an operational or other error, in which case we may be
required to suspend access to your account until such time as the
error is rectified; we reasonably suspect your PollyTrades Account
has been or is being used in relation to any unlawful, fraudulent
or Prohibited Activity, or in breach of these Terms; we reasonably
suspect you or your PollyTrades Account is or has been associated
with, or poses a high risk of, money laundering, financing of
terrorism, fraud, or any other financial crime; we reasonably
suspect you of taking any action that PollyTrades considers to be
a circumvention of PollyTrades'S controls, including but not
limited to opening multiple PollyTrades Accounts; we reasonably
suspect your involvement in any attempt to gain unauthorised
access to any PollyTrades Account; your PollyTrades Account is or
appears to be the subject of any legal, regulatory or government
process and/or we, in our sole discretion, consider there to be a
heightened risk of legal or regulatory non-compliance associated
with your PollyTrades Account; we are compelled to do so by a
prima facie valid subpoena, court order, or other binding order of
a government or regulatory authority; your name appears on a
government or international body sanctions list.
14.2
PollyTrades will make all reasonable efforts to provide you with
notice of any decision to restrict, suspend or terminate your
PollyTrades Account, unless we are prevented from doing so by any
legal or regulatory process or requirement, or where doing so may
compromise PollyTrades’s security and/or risk management
procedures. You accept and agree that PollyTrades is under no
obligation to disclose to you the fact of or reason for any
decision to restrict, suspend or terminate your PollyTrades
Account, and shall have no liability to you in connection with the
restriction, suspension or termination of your PollyTrades
Account.
14.3 Account termination. Where PollyTrades elects to terminate
your PollyTrades Account in accordance with the above, we shall
(except where legally obligated not to) return your available
cryptocurrency and/or Local Currency balances to you pursuant to
the procedure set out below: Cryptocurrency. If you have an
available balance of Supported Cryptocurrency in your PollyTrades
Account above the Minimum Threshold, we will liquidate the
cryptocurrency and deposit the value realised from the liquidation
into your Local Currency wallet. The Minimum Threshold is
USD10.00, or its equivalent in any applicable Supported
Cryptocurrency calculated on the day on which the liquidation is
performed. We will not send your Supported Cryptocurrency to an
alternative cryptocurrency wallet address. Any risk of a negative
exchange rate fluctuation shall rest with you and you shall have
no claim against PollyTrades for any losses you may suffer as a
result of the liquidation of your available balance of Supported
Cryptocurrency.
15. PROHIBITED ACTIVITIES
15.1 YOU MUST NOT USE YOUR PollyTrades ACCOUNT TO UNDERTAKE ANY OF
THE ACTIVITIES OR CATEGORIES OF ACTIVITY SET OUT IN THIS SECTION
(EACH A “PROHIBITED ACTIVITY”): violation of any laws, statutes,
ordinance or regulations; undertaking, facilitating or supporting
criminal activity of any kind, including but not limited to, money
laundering, terrorist financing, illegal gambling operations or
malicious hacking; abusive activity, including but not limited to:
imposing an unreasonable or disproportionately large load on
PollyTrades’s infrastructure, or otherwise taking any action that
may negatively affect the performance of the PollyTrades Site or
PollyTrades’s reputation; attempting to gain unauthorised access
to the PollyTrades Site or any PollyTrades Account; transmitting
or uploading any material to the PollyTrades Site that contains
viruses, Trojan horses, worms, or any other harmful programmes;
transferring your PollyTrades Account access or rights to your
PollyTrades Account to a third party, unless as required by law or
with PollyTrades’s prior consent; paying in to or otherwise
supporting pyramid schemes, Ponzi schemes, matrix programmes, “get
rich quick” schemes, multi-level marketing programmes or
high-yield investment programmes; fraudulent activity, including
but not limited to taking any actions that defraud PollyTrades or
a PollyTrades customer, or the provision of any false, inaccurate,
or misleading information to PollyTrades; transactions involving
items that may help facilitate or enable illegal activity; promote
or facilitate hate, violence or racial intolerance; are considered
obscene; or may be stolen goods or the proceeds of crime;
transactions involving TOR markets, online gambling sites or
mixers; sale or purchase of narcotics or controlled substances;
intellectual property infringement.
15.2 By opening a
PollyTrades Account, you confirm that you will not use your
account to undertake any of the above-listed Prohibited Activities
or any similar or related activity.Activities subject to the prior
written approval of PollyTrades. Unless you have obtained the
prior written approval of PollyTrades, you accept and agree that
you will not use your PollyTrades Account to conduct or operate
any of the following business activities or categories of
activity: money services, including but not limited to money or
cryptocurrency transmission, currency or cryptocurrency exchange
or dealing, payment service providers, e-money or any other
financial services business; gambling or gaming services;
charitable or religious / spiritual organisations; consumer
lending services, including but not limited to secured and
unsecured loans, cash advances, payday lending; investment funds,
asset management, or brokerage services.
15.3 We
reserve the right to restrict, suspend or terminate your
PollyTrades Account if we suspect, in our sole discretion, that
you are using, or have used, your PollyTrades Account in
association with any of the activities listed above, or any
similar or related activity, without having obtained the prior
written approval of PollyTrades.
16. DISCLAIMER OF WARRANTIES
16.1 The PollyTrades Site, your PollyTrades Account and any
related products or services are offered on a strictly “as-is” and
“where-available” basis and PollyTrades expressly disclaims, and
you waive, all warranties of any kind, whether express or implied.
Without limiting the generality of the foregoing, the PollyTrades
Site, your PollyTrades Account, and any related products or
services are offered without any warranty as to merchantability or
fitness for any particular purpose.
16.2 Some
jurisdictions do not allow the disclaimer of implied terms in
consumer contracts, so some or all of the disclaimers in this
section may not apply to you.
17. LIMUTATION OF LIABILITY
17.1 In no event shall PollyTrades, its operating entities or any
other affiliates (including their respective directors, members,
employees or agents) be liable to you for any direct, indirect,
special, consequential, exemplary or punitive damages or any other
damages of any kind, including but not limited to loss of profit,
loss of revenue, loss of business, loss of opportunity, loss of
data, whether in contract, tort or otherwise, arising out of or in
any way connected with your use of, inability to use, or
unavailability of the PollyTrades Site and/or your PollyTrades
Account, including without limitation any damages caused by or
resulting from any reliance upon any information received from
PollyTrades, or that result from mistakes, omissions,
interruptions, deletion of files or email, errors, defects,
viruses, delays in operation or transmission or any failure of
performance, whether or not resulting from a force majeure event,
communications failure, theft, destruction or unauthorised access
to PollyTrades’s records, programmes or services.
17.2
In no event will any liability of PollyTrades, its operating
entities or any other affiliates (including their respective
directors, members, employees or agents) arising in relation to
your use of the PollyTrades Site or your PollyTrades Account,
exceed (in aggregate) the fees earned by PollyTrades in connection
with your use of your PollyTrades Account in the six month period
immediately preceding the event giving rise to the claim for
liability. The above limitations of liability shall apply to the
fullest extent permitted by law in the applicable jurisdiction.
Because some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for
incidental or consequential damages, some of the limitations in
this section may not apply to you.
18. DISPUTES
18.1 You and we agree to notify the other party in writing of any
claim or dispute that arises in relation to the PollyTrades Site,
your PollyTrades Account or these Terms, within 30 days of such
claim or dispute arising. You and we further agree to attempt
informal resolution of any Dispute prior to bringing a claim in
any court or other body.
18.2 Governing law and
jurisdiction. This agreement shall be governed by and construed in
accordance with Malta law, subject to any local mandatory rights
you may have. You and we agree to submit all disputes, claims or
controversies (including non-contractual Disputes, claims or
controversies) arising out of or in connection with these Terms,
or the breach, termination, enforcement or interpretation thereof
(together, Disputes), to the non-exclusive jurisdiction of the
courts of Malta.
18.3 Class or representative action
waiver. To the maximum extent permissible by law, you and
PollyTrades each agree that each may bring any Dispute against the
other only in your or its individual capacity, and you and it
waive any right to commence or participate in any class action or
other representative action or proceeding against the other.
Further, where permissible by law, unless both you and PollyTrades
agree otherwise, no court may consolidate any other person’s
claim(s) with your Dispute, and may not otherwise preside over any
form of representative or class proceeding.
18.4 For
the avoidance of doubt, if this Class or representative action
waiver is found by any court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of this Disputes
clause shall remain valid and enforceable.
19. AML CHECK
19.1 Each exchange replenishment is subject to AML verification,
if the AML percentage is above 35%, we are entitled to request a
transaction with the same amount and from the same wallet This is
done in order to combat fraud and money laundering.
19.2 If the user refuses to make a similar payment,
then the exchange has the right to withhold funds for up to 60
business days for the purpose of litigation. If the address from
which the deposit was made is suspected of fraud, then the
exchange has the right to send documents to the police of the
country in which the user lives.
19.3 If the user is ready to resolve the issue without the police,
then he needs to write to support and explain the situation.
