HOW TO READ THIS AGREEMENT
Some capitalized terms have specific definitions in section 3. Underlined words in this Agreement contain hyperlinks to further information.
WHY YOU SHOULD READ THIS AGREEMENT
What this Agreement covers
These are the terms and conditions on which we provide our Services to you. The terms and conditions contained hereinafter (“This Agreement" or “this Agreement”) shall apply to the use of the website https://www.acwires.com/ (“Website”) and any other linked pages,
products, software(s), API keys, features, content or application services (including but
without limitation to any mobile application services) in connection therewith, offered from time to time by Acwires or its company, First Canada Limited C Windsor First Bulgaria
Limited ("First Canada" or "Acwires" or "Windsor First Bulgaria Limited" or "We" or “we” or "Our" or “our” or "Us" or “us”).
Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website ("Services") (hereinafter referred to as "User", “user”,
“You”, “you”, “Your” or "your") shall be presumed to have read this Agreement (which includes the Privacy Policy, separately put up on the Website and embedded in this
Agreement) and unconditionally and irrevocably accepted the terms and conditions set out herein. This Agreement, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the user and Acwires. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have
with Acwires for other services.
Why you should read this Agreement
Please read this Agreement carefully before you start to use our Services. This Agreement (always together with the documents referred to in it) tells you who we are, how we will provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and other important information. If you think that there is a mistake in this Agreement or require any changes, please contact us at [email protected] to
discuss.
Other additional documents which apply to you
This Agreement refers to the following additional documents, which also apply to your use of our Services:
Our Global Privacy Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using our Services, You consent to such processing and you promise that all data provided by you is accurate.
Risk Warning, which provides relevant risk warnings that you shall be aware of.
In order to receive some of our Services, you may be asked to agree to additional terms and conditions which we will notify you about at the relevant time.
Additional documents
For clarity, any additional documents referred to in this Agreement are not incorporated into this Agreement should be formed as part of this Agreement.
You accept this Agreement
By using our Services (including downloading, referring and using our App, or via the API, a social media platform or other authorised third party), you confirm that you accept and agree to this Agreement (including the additional documents referred to above). If you do not agree, please do not use our Services.
Where to get a copy of this Agreement
You can always see the most current version of this Agreement on our Website.
GLOSSARY
In this Agreement:
API means the application programming interface provided by Acwires.
App means the Acwires responsive web widget, the data supplied with the software and the associated media.
Business Day means a day other than a Saturday, Sunday or a public holiday in England when financial institutions in London are open for business. (based on which country?)
Cryptocurrency(ies) refers to encrypted or digital tokens or cryptocurrencies with a certain value that is based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
Digital Asset(s) refer to Cryptocurrencies, their derivatives or other types of digitalized assets with a certain value including Cryptocurrency and NFTs.
Services means all products, services, content, features, technologies, or functions
offered by us including the purchase of Cryptocurrencies/Digital Assets and all related websites, and applications (including the Website, API, and web widget).
Fiat Currency means the currency that you send to/receive from the Acwires that is legal tender that is issued by a central bank or equivalent public authority.
Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”) is Canada's financial intelligence unit. Its mandate is to facilitate the detection, prevention and
deterrence of money laundering and the financing of terrorist activities, while ensuring the protection of personal information under its control.
Financial Conduct Authority ("FCA’) means the UK’s financial services regulator.
Office of Foreign Assets Control is a government agency within the U.S. Department of the Treasury. OFAC is a government agency within the U.S. Department of the Treasury. OFAC stands for Office of Foreign Assets Control, which administers and enforces economic sanctions based on U.S. foreign policy.
Acwires Platform or Platform means a feature/product made available by Acwires to Users that enables fiat and crypto exchange.
Website means any webpage, including but not limited to www.acwires.com, where we provide the Services to you.
Acwires Platform, App AND API
App subject to this Agreement
we license the use of the Platform to you on the basis of this Agreement and subject to any rules and policies applied by our partners through which you access the Services. We do not sell the Platform nor the App to you. We remain the owners of both the Platform and the App at all times.
Your right to use the Platform and the API
In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the Platform on your device and the API subject to this Agreement. We reserve all other rights.
WHO ARE WE AND HOW TO CONTACT US
Our company information
Acwires is a service product offered by Windsor First Bulgaria Limited which is a Bulgaria Limited Company with incorporation number 20760354 having a registered address at Sofia, Sredets district, Tsarigradsko Shose Blvd. 9, fl. 1 BULGARIA. Windsor First Bulgaria
Limited is VASP license is a legal authorization granted by a regulatory authority to a VASP allowing it to provide services related to virtual assets. In this Agreement, Windsor First Bulgaria Limited is referred to as “Acwires”.
How to contact us
WHO CAN USE OUR SERVICES
Anyone can browse through our Website, websites provided by our partners, websites provided by our affiliates and the respective contents.
You must be 18 years or over
However if you are an individual, you must be 18 years or older to transact through our Services and by transacting through our Services you declare that you are 18 years and
above or you have attained the age of majority applicable in the jurisdiction you reside. We may ask you at any time to show proof of your age.
You must have the authority to bind your business
If you are not an individual end user, you confirm that you have the authority to bind any business or entity on whose behalf you use our Services and that business or entity accepts these terms.
Your use of the Acwires Account must not violate any applicable laws
You commit to us that your transacting through our Services does not violate any laws applicable to you. You are solely responsible for understanding and complying with all the applicable laws of your specific jurisdiction, including but not limited to the provisions
related to Anti-money laundering under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, anti-fraud, Know Your Customer (KYC) guidelines, public anti- bribery, and anti-corruption laws, any other applicable law issued by the relevant
authorities, that may be applicable to you in connection with your business and use of our Services. By agreeing to this Agreement, you take responsibility for any consequences of breaching this section.
You undertakes that it shall, during the use of the Services, be in compliance with the mandates of FINTRAC or similar authorities such as OFAC, FCA … etc, in your resided
jurisdiction and acknowledges that you have not directly or indirectly lent, contributed, or otherwise made available funds to any of its affiliates, joint venture partners or any other person or entity for the purpose of financing the activities of any person currently subject to the Consolidated Canadian Autonomous Sanctions List, the OFAC Specially Designated
Nationals List (SDN), the Additional OFAC Sanctions List and the UK Sanctions List, as amended from time to time.
TRANSACT THROUGH OUR SERVICES
The Services we offer to you may be subject to a limit on the amount of volume, stated in Canadian Dollar terms, you may buy or sell from us, at any given time (e.g. per transaction, daily, monthly). We will set up limits we reasonably believe are necessary to manage the
risk of fraud and for compliance with AML/CFT regulations. Transaction limits will vary depending on the method of payment available to you, KYC/EDD completed, and other
factors. Acwires reserves the right to change these limits as we deem necessary at our sole discretion. Please refer to our Website or contact us if you have any questions about these limits.
GETTING TO KNOW YOU
Customer Due Diligence
We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, your
recipient) in order to provide any Services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases, credit reports, utility providers and third party vendors on your
identification details. You authorize us to obtain one or more of the above information,
including but not limited to your credit reports, from time to time, to establish, update, or renew your Acwires Account with us or in the event of a dispute relating to this Agreement and activity under your Acwires Account.
All information you provide to us must be complete, accurate, and truthful at all times. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional
supporting documents. If you provide any information that is untrue, inaccurate,
incomplete, or not current, or if we have reasonable grounds to suspect that such
information is in violation of applicable law or not in accordance with this Agreement
(whether wholly or in part), we reserve the right to provide our Services to you. Further, you agree to indemnify and keep us indemnified from and against all claims resulting from the use of any detail/ information/ data that you post and/ or supply to us. We shall be entitled to remove any such detail/ information/ data posted by you without any prior intimation to you.
Your Privacy and Data Protection
In the process of user registration and while providing Services, we collect and use certain personally identifiable information from you including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases
(where permitted by law), special categories of personal data, such as your biometric information. Acwires is committed to protecting such information and to taking all
reasonable precautions for maintaining the confidentiality thereof. Please refer to
our Privacy Policy. The information, as referred to above, may be used by Acwires for providing Services and for the purpose of administrative, marketing, and customer support services.
Your usage/access of the Services shall constitute your acceptance of the terms and conditions as provided in this Agreement and the Privacy Policy. You can withdraw your consent at any time by closing your Account with us or reaching out to us and making a request. In the event you withdraw your consent to use your personal information, you understand that Acwires will no longer be providing you the Services. However, we may retain and continue to process your personal information if we reasonably believe it is necessary in order to comply with laws or regulations.
BUYING DIGITAL ASSET THROUGH ACWIRES
How to buy Digital Asset using our Services
To purchase Digital Assets from us, you can follow the steps as they appear on the screen in order to place a Digital Asset purchase. For clarity, we will not hold any Digital Asset on your behalf but only facilitate you to buy Digital Asset through our services.
Our partners, who provide liquidity on Digital Asset, will transfer the purchased Digital Asset to your designated nominated wallet as soon as funds have been settled to Acwires. If Acwires cannot complete your transaction for any reason (such as price movement, market latency or order size), Acwires reserves the right to reject the order and notify you of such rejection. You may be charged a processing fee for a rejected transaction which will be reflected in the refunded amount.
Payment Methods
You may be presented with one or more methods of payment to pay us for a purchase of Digital Asset, for example, credit cards or debit cards (in this Agreement, we will call these
methods "Payment Methods"). The number of Payment Methods made available to you will depend on a number of factors including where you live and your verification status with us.
Payment Methods are provided by other third parties, for example, the card provider which issued you with your credit/debit card is a third party that we have no control over. So we cannot guarantee the use of any particular Payment Method and may change or stop
offering a Payment Method at any time without notice to you.
Payment instrument must be in your name
Any payment instrument (for example, the credit card or debit card) you use to pay for a Digital Asset purchase order with your chosen Payment Method must be in your name.
You must ensure that the wallet used to receive the Digital Asset is owned by and in your full control.
You must own and control the wallet address
By accepting this Agreement, you expressly attest that you are the sole owner of the wallet address provided to Acwires for the purposes of the purchase of Digital Asset and that no other person has access to or control over your wallet. Providing a false attestation will be considered a violation of this Agreement and may result in Acwires suspending the
Services or taking other actions as set forth in this Agreement. Acwires also reserves the right to request proof that you own the wallet address provided at any time. The methods used to prove wallet ownership are at the discretion of Acwires.
Chargebacks on your payment instrument
If you have selected a Payment Method that gives you chargeback rights (for example in
relation to your credit card, you may ask your card provider to reverse a transaction on your card), you promise that you will only exercise this chargeback right if:
we have breached this Agreement; or
there was an unauthorized use of your payment instrument.
If we need to investigate or take any actions in connection with a chargeback raised by you, we may charge you for our costs in doing so.
What happens after you have submitted your Digital Asset Purchase Order
Once we have received your Digital Asset purchase order, we will send you a confirmation by email. Each Digital Asset purchase order is given a unique transfer number and is shown in the transaction details. You should quote this transfer number when communicating
with us about a particular payment order.
You need to pay us the full agreed purchase price for the Digital Asset before we can process your order
We will only process your purchase order if we have received sufficient cleared funds from you. It is your responsibility to fund your payment order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment
service provider.
Verification checks may increase the time for processing your Digital Asset Purchase Order
We carry out verification checks, and these checks may increase the time it takes to process your order. We cannot be responsible for any delays as a result of carrying out those checks.
Completion time of your Digital Asset Purchase Order
The estimated time it will take us to process your order will be notified to you when you
complete the setup of your payment order. You may also find further information about the processing status in our Website.
Refusal of your Digital Asset Purchase or Sale Order
If we are unable to complete your order, we will let you know, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, we will not notify you if such notification would be unlawful. We will cancel or stop the payment or refund
your Fiat Currency payment to the payment account from which you sent it, as long as we are permitted to do so under applicable laws.
You may cancel your Digital Asset Purchase Order
You cannot cancel your order once your payment account provider has executed the Fiat Currency payment to us or we have successfully transferred Digital Asset to the assigned wallet address.
You must ensure the information you provide to us is correct
You must make sure that the information you provide when making a Digital Asset Purchase order is accurate. If we have processed your order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a
mistake.
What happens if you provide us with incorrect information
If you provide incorrect information with your Digital Asset purchase order, we will not be responsible for any loss.
Payments to Acwires are payments to purchase Digital Asset
As such they should not be treated as 'cash advances' by your card provider. If your card provider decides, as some have in the past, to treat payments to on ramps such as Acwires as 'cash advances', that is a matter entirely between you and your card provider. We
suggest you monitor charges on your card to ensure this is not happening, and if it does to challenge your card provider and/or use an alternative card for Digital Asset transactions. In any event, Acwires is not liable for any decision of your card provider to act in this way.
EXCHANGE RATES
Exchange rate
Acwires uses a number of sources to determine the price at which it purchases Digital Asset. For example, the last-traded price from a major exchange may be used (with a small spread applied, to account for the spread in the order book and slippage). Acwires strives to provide you with competitive pricing and transparency. By accepting this Agreement, you understand that the buying of Digital Assets carries an exchange rate risk where the Digital Assets can either appreciate or depreciate in value. Acwires reserves the right to change rate providers at any time without notice to you.
YOU MANAGE YOUR OWN RISK
Risks and Regulatory Warnings
Trading Digital Asset may entail the following risks:
The price of Digital Assets can be volatile and involve a substantial degree of personal risk for those who hold them. The value of Digital Assets acquired through our Services
could quickly increase or decrease at any time, and it may even fall to zero. This means there is the risk of complete loss of capital with no legal recourse. There can be no assurance that any Digital Asset is or will be viable, liquid, or solvent.
Acwires may provide educational information about Digital Assets, in order to assist users in learning more about Digital Assets such as articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the Website or any such
third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the Website's content as such.
Acwires will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information and/or Services provided by Acwires. Acwires does not make any representations or recommendations regarding the advisability or otherwise of the purchase or sale of Digital Assets.
You agree and understand that the purchase of Digital Assets via our Website have been created and/or minted by third-party websites, individuals, or entities("Third-Party
Creators").
The FCA has published some information for consumers regarding the regulation and risks of Digital Assets which you may find helpful. It can be viewed
here: www.fca.org.uk/consumers/cryptoassets
You accept the risks of purchasing Digital Assets through our Services
You agree and accept the risks associated with purchasing Digital Asset through our
Services outlined in 11.1, including any risks associated with fluctuations in the relevant exchange rates over time and partner platform. You agree that you will not use our Services for speculative trading.
Disclaimer
NOTWITHSTANDING ANY OTHER PROVISION, THE PLATFORM, SERVICES, AND
MATERIALS, OR ANY OTHER INFORMATION OR SERVICE PROVIDED BY THE PLATFORM, ARE OFFERED ON AN "AS IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTY, REPRESENTATION, OR INDEMNITY OF ANY KIND, WHETHER EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE. THIS INCLUDES BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- INFRINGEMENT, AND WARRANTIES FOR THE USE, SUFFICIENCY, RELIABILITY,
TIMELINESS, QUALITY, SECURITY, SAFETY, SUITABILITY, AVAILABILITY, COMPLETENESS, OR ACCURACY OF THE PLATFORM, SERVICES, MATERIALS, OR ANY OTHER INFORMATION.
ACWIRES, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, AND THIRD PARTIES ARE NOT LIABLE FOR ANY LOSS OF DIGITAL ASSETS, REVENUE, PROFITS, FUNDS, FIAT CURRENCY BALANCES, ASSETS, OR DATA, NOR FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM THE USE OR ATTEMPTED USE
OF THE PLATFORM, SERVICES, MATERIALS, OR ANY INFORMATION. THE PLATFORM DISCLAIMS LIABILITY FOR ANY PARTY'S ACTIONS OR OMISSIONS IN THE USE OF OR
RELIANCE UPON THE PLATFORM, SERVICES, MATERIALS, OR ANY OTHER INFORMATION. THIS INCLUDES, WITHOUT LIMITATION, INACCURACIES IN OR OMISSIONS OR
INTERRUPTIONS OF PRICE DATA, AS WELL AS ERRORS OR DELAYS IN THE TRANSMISSION OF PRICE DATA.
THE PLATFORM, SERVICES, MATERIALS, OR ANY OTHER INFORMATION MAY BE SUBJECT TO RESTRICTIONS, LIMITATIONS, DELAYS, AND OTHER INHERENT PROBLEMS
ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, OR WITH BUSINESSES OPERATING IN REGULATORY UNCERTAINTIES. WE CANNOT
GUARANTEE THAT YOUR USE OF THE PLATFORM OR SERVICES, OR ANY PART THEREOF, WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE.
Taxes
You are responsible for any taxes that may be applicable to payments you make or receive, and it is your responsibility to collect, report, and pay the correct tax to the appropriate tax authority.
HOW MUCH WILL YOU PAY?
You must pay our fees
Acwires will charge you fee as part of the purchase and the fee, as shown to you, will be deducted as part of the purchase.
Fee schedule
All fees payable under this Agreement are displayed prior to the purchase of Digital Asset by using the Services and shall be paid in the applicable fiat currency. Please note, that our fees are made clear to you at the point of sale, and on this point, you should only confirm the purchase of Digital Assets when you are clear about the fee and that in proceeding you agree to the fee prior to Acwires executing the Order.
Acwires reserves the right to pursue any financial losses suffered due to you filing a chargeback procedure with your bank. These can include administration fees levied by the card acquirer and card schemes as well as the monetary value of the Digital Assets.
INTELLECTUAL PROPERTY RIGHTS
While you are using our Services, you may use the Acwires Materials only for your personal use and solely as necessary in relation to those Services.
"Acwires Materials" include any software (including without limitation the App, the API, developer tools, sample source code, and code libraries), data, materials, content and
printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you through our Services, or available for download from our Website. You may not, and may not attempt to, directly or indirectly:
transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Services or the Acwires Materials to any person or entity;
remove, obscure, or alter any notice of any of our trademarks, or other "intellectual property" appearing on or contained within the Services or on any Acwires Materials;
modify, copy, tamper with or otherwise create derivative works of any software included in the Acwires Materials; or
reverse engineer, disassemble, or decompile the Acwires Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Acwires Materials or as part of the Services.
You acknowledge and agree that Acwires owns all legal and proprietary rights, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the
world those rights may exist). You further acknowledge that the Services may contain
information which may be confidential and that you shall not disclose such information without Acwires' prior written consent.
Unless you have agreed otherwise in writing with Acwires, nothing in this Agreement gives you a right to use any of Acwires' trade names, trademarks, service marks, logos,
domain names, and other distinctive brand features. Unless you have been expressly
authorized to do so in writing by Acwires, you agree that in using the Services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of
such marks, names or logos.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE
Limitation of Liability
Notwithstanding anything to the contrary contained in these Terms, in no event shall Acwires or its affiliates, and their respective officers, partners, directors, agents,
employees, third parties and suppliers be liable or responsible for any damages, claims, applications, losses, injuries, delays, accidents, costs, business interruption costs, or
other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, indirect, general, special, punitive, exemplary, or
consequential damages, including without limitation loss of goodwill or business profits, loss of fiat currency, loss or theft of Digital Assets, work stoppage, data loss, computer failure or malfunction, or any other commercial or other losses arising out of or related to these Terms, the Privacy Policy, the use of Acwires platform, Services related to buy or trading of your Digital Assets by any other party authorized / not authorized by you
(collectively, all of the foregoing items shall be referred to herein as “Losses”). Acwires and its affiliates, and their respective officers, partners, directors, agents, employees, third parties and suppliers are hereby released by you and anyone claiming under your from liability for any and all Losses. The foregoing limitation of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, strict liability, or any other basis, even if the Platform has been advised of or should have known of the possibility of
such losses and damages, and without regard to the success or effectiveness of other remedies. In no event shall Acwires, its affiliates and service providers or any of their
respective officers be liable for any losses, claims or damages to individual or commercial that declared by you or anyone representing you.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
We are not liable for business losses
If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business
opportunity.
We are not liable for technological attacks
we will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services.
We have no control over websites linked to and from our Website
We assume no responsibility for their content or any loss or damage that may arise from your use of them.
Force Majeure
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control,
including but not limited to, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, pandemic, strike or other labour
dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and
enforceability of any remaining provisions.
You are liable for breaking this Agreement or applicable laws
You shall indemnify and hold Acwires, its affiliates and any other related or third parties involved with Acwires in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:
Fraud, negligence and wilful misconduct by the user in the use of the Services;
Violation of applicable laws in the use of the Services and/ or in the conduct of the business of the user;
Breach of the user's obligations under this Agreement including penalties, fines, charges, or any other actions as a result of breach or violation by the User and;
Disputes raised by a user's customer in relation to a transaction where such dispute is not attributable to the Services;
What happens if you owe us money
In the event you are liable for any amounts owed to us, you agree to reimburse us. We may also recover amounts you owe us through legal means, including, without limitation,
through the use of a debt collection agency.
ACCESSING OUR SERVICES
We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access our Services, we may refuse access to that third party if we are concerned about unauthorised or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our
reasonable security measures.
THIRD-PARTY PRODUCTS AND SERVICES; OTHER USERS
Third-Party Services. You acknowledge that there are third party services will enable or assist you to access, interact with, and/or purchase services from several supported platforms and other third parties via third-party websites or applications including a third-
party payment processor to process any payment between you and Acwires for purchase of Digital Assets (collectively, "Third-Party Services"). Such Third-Party Services are not under the control of Acwires, Acwires does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services. You use all Third-Party Services at your own risk, and should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is
governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not with Acwires. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with the Services. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation.
INFORMATION SECURITY
You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection
software. We cannot guarantee that our Services will be free from bugs or viruses.
You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our servers, computers or databases.
You must not attack our Website with any type of denial of service attack. By breaching this provision, you would commit a criminal offence under the Cybersecurity Laws And Regulations. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the
event of such a breach, your right to use our Website and/or our Services will cease immediately.
WHEN WE CAN END THIS AGREEMENT OR SUSPEND OUR SERVICES
We may end this Agreement by giving you notice when possible
We may end this Agreement and close your Acwires Account or any service associated with it by giving you reasonable notice when possible.
We may suspend or close your Acwires Account without notice in certain circumstances
We may at any time suspend or close your Acwires Account and/or end this Agreement without notice if:
you breach any provision of this Agreement or documents referred to in this Agreement;
we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
we have reason to believe you are in breach of any applicable law or regulation; or
we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.
Your use of the Platform is a privilege, and not a right, and we reserve our right to terminate, suspend or restrict your access to the Platform, as well as take other actions described in these terms, at any time to protect you, other users and/or us as we deem necessary.
We will give you notice of suspension where possible
We will give you notice of any suspension or restriction and the reasons for such
suspension or restriction as soon as we reasonably can, either before the suspension or restriction is put in place or (if that is not possible) as soon as reasonably practicable after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as reasonably practicable after the reasons for the suspension and/or restriction have ceased to exist.
You cannot use the App if this Agreement ends
On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.
OUR RIGHT TO MAKE CHANGES
We can make a change to this Agreement for any of the following reasons (with any change being a reasonable and proportionate response to a change that is affecting us or that we reasonably think will affect us):
because of a change in legal or regulatory requirements, for example we may have to change terms of this Agreement, including terms on how we provide our Services to you, in order to satisfy new laws on the regulation of Digital Assets;
if the change benefits you, for example when introducing new products or services or improving existing ones;
to reflect a change in our costs of providing you with our other services under this Agreement, for example by changing our fees for our services or introducing new fees for new services;
in response to possible risks to the security of our Services, for example by changing the security steps you need to follow to access our Services; or
to respond to any other change that affects us, if it’s fair to pass on the effects of the change to you, for example to reflect developments in Digital Assets.
to make reasonable and proportionate changes for any other reason we cannot foresee, for example to respond to changes in our industry that affect how we wish to deliver our
Services to you.
We will notify you about a change to this Agreement as soon as we reasonably can and in any case at least thirty (30) days before it takes effect, via our Website or e-mail to the address provided by you as contact details in your Acwires Account profile.
However, we may give you less than thirty (30) days’ notice of a change, in which case we will still give you as much notice as we reasonably can, if the change:
is urgently needed for us to satisfy our legal obligations;
is to add a new service, or new functionality for an existing service, which is optional for you; or
is for another reason and does not reduce your rights or increase your responsibilities under this Agreement.
You can contact us if you object to a change before it takes effect, but if you do that will end this Agreement and we will no longer provide you with our Services under this Agreement. If you do not object to the change we will take that as your acceptance of the change.
HOW WE MAY CONTACT YOU
We, our affiliates and service providers usually contact you via telephone or email
You should check for incoming messages regularly and frequently, these emails/messages may contain information in our Website that you will have to read it directly, as we will not send any link in the communication for security reason. If you don't maintain contact
details or check your email and other methods of communications, you will miss messages about your transactions and our Services. We cannot be liable for any consequence or loss if you don't do this. If we have reasonable concerns either about the security of your
payment, or any suspected or actual fraudulent use of credit/debit card, we will contact
you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).
Other ways We may contact you
In addition to communicating via email, we and/our service providers may contact you via letter or telephone where appropriate. If you use any mobile services, we may also
communicate with you via calls or SMS. Any communications or notices sent by:
email will be deemed received by you on the same day if it is received in your email inbox before 5pm on a Business Day. If it is received in your email inbox after 5pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
post will be deemed received five days from the date of posting.
call/SMS will be deemed received the same day.
Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the
information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you.
If you need a copy of this Agreement or any other relevant document, please contact [email protected].
COMPLAINTS
If you have any complaints about us or our Services, you may contact us at [email protected].
OTHER IMPORTANT TERMS
Nobody else has any rights under this Agreement
This Agreement is between you and Acwires. No other person shall have any rights to
enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement.
We may transfer this Agreement to someone else
You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement
without our prior written consent. We reserve the right to transfer, assign or novate this Agreement or any right or obligation under this Agreement at any time without your
consent.
If a court finds part of this Agreement illegal, the rest will continue in force
Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this Agreement, we can still enforce it later
If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.
This Agreement supersedes any other previous agreements
This Agreement supersedes and extinguishes all previous agreements between you and Acwires, whether written or oral, relating to its subject matter.
Which laws apply to this Agreement and where you may bring legal proceedings
This Agreement is governed by Bulgaria law. Any dispute between you and us in connection with our Services and/or this Agreement may be brought in the courts of Bulgaria.