July 26, 2019
These Terms apply to any access and use of our Android and iOS mobile apps, our websites at everex.io, everex.cash, everex.asia, our online services, and any of our services related to or utilizing any of the foregoing, which we refer to in these Terms, collectively, as “Services,” “Everex Services,” or “our Services”.
Participation in Everex Services is open to all who want to engage in payment activities (national and cross border) using blockchain as underlying technology for value transfer. You must ensure that you use and access Everex Services only in your own name and for your own benefit.
If you are acting as a legal entity, you must ensure that you:
To sign up for Everex Services, you must use a valid mobile phone number, email address, or validated Facebook account, and certify that you are over 18 years of age. The mobile number may be used as part of the authentication process.
As part of using Everex Services, you agree to receive unencrypted emails and SMS/text messages from us. Please note that while we do not charge you for SMS/text messages, your mobile carrier’s standard messaging rates will apply.
Failure to provide a valid mobile phone number or confirm e-mail address may result in the restriction of your use of Everex Services. If Everex suspects that your mobile number is invalid or that you are using a VOIP service to circumvent the requirement to provide a valid mobile phone number, Everex may suspend, terminate, or otherwise restrict your use of Everex Services.
You acknowledge and agree that Everex must conduct all necessary checks according to the applicable AML regulations, in particular but not limited to Know Your Customer (KYC) checks, before allowing you to use Everex Services. You represent, warrant and certify to Everex that Your and the Receiver’s use of the Services shall not in any way, directly or indirectly, (a) violate any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft, and/or (b) violate any of the Terms and Conditions of use.
You authorise us to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries.
If you are under 18 years of age, you are not authorized to use Everex Services.
It is at the sole discretion of Everex whether it will approve the opening of wallets. Additionally, Everex reserves the right to suspend wallet temporarily or permanently, including where required or recommended by applicable governmental, regulatory, or law enforcement requirements or where you fail to provide sufficient information to verify your identity.
Everex is a provider of an electronic wallet service Everex Wallet. This Wallet can be accessed by the use of the Everex app. The purpose of this electronic Wallet is the trading and storing of digital assets. The assets being traded and stored in the Everex Wallet are accepted to be listed on digital asset exchanges.
Within the Everex app, the user can buy or sell digital assets by using e-money or the digital currencies such as Ether (ETH), Everex (EVX), and other digital assets that Everex may support in the future as the payment option for buying and selling.
Deposit. You can Cash-In (make a Deposit) into Everex Wallet using one of the payment methods available in the Wallet, such as bank transfer or over the counter deposit. Your Everex Wallet will show equivalent amount of eMoney in the same or different currency based on your selected currency Deposit option, after our banking partner confirms the receipt of the funds to us. The Everex Wallet is not a deposit account which means that your eMoney will not be protected by the Deposit Insurance policy of the respective Central Bank of the country of Everex’s operations. However, your funds will be received and held in a designated safekeeping account with a regulated licensed financial institution. eMoney held in an Everex Wallet will not earn any interest. Your Everex Wallet may hold eMoney denominated in different currencies and we will show the eMoney balance for each currency that you hold.
Purchase of Digital Assets. To purchase Digital Assets using fiat currency or eMoney, you must follow the relevant instructions on the Everex site. A purchase of Digital Assets using fiat currency, should occur on the business day we receive your instructions, and if using eMoney during the operational hours.
Receipt of Deposit. If we receive Deposit instructions from you to purchase Digital Assets using fiat currency on a non-business day or when the banking instituon is closed, we may treat those instructions as if they were received by us on the following business day.
Revocation. When you give us an instruction to purchase Digital Currency using E-Money, you cannot withdraw your consent to that purchase unless the purchase is not due to occur until an agreed date in the future e.g. this may occur if you set up a recurring purchase of Digital Asset (+a “Future Transaction”). In the case of a Future Transaction, you may withdraw your consent up until the end of the business day before the date that the Future Transaction is due to take place. To withdraw your consent to a Future Transaction you should use available service communication channels listed on Everex site.
Wallet Information. You will be able to see your eMoney Wallet balance and your transaction history using Everex Wallet, including (i) the amount (and currency) of each Digital Asset or eMoney Purchase, (ii) a reference to identify the payer and / or payee (as appropriate), (iii) any fees charged (including a breakdown of the fees), (iv) where there has been a currency exchange, the rate of exchange, and the amount (in the new currency) after exchange (where you are the payer) or the amount (in the original currency) before the exchange (where you are the payee), and (v) the debit or credit date of each Digital Asset or eMoney Purchase (as appropriate).
Withdrawal of eMoney. You may withdraw all or part of any eMoney held in your Everex Wallet at any time by selecting the Withdrawal option in Everex Wallet and following the instructions. Unless agreed otherwise, funds will be transferred to the bank account linked to your profile or other withdrawal options available for your respective country of receipt.
If this Agreement is terminated, we will send any eMoney remaining in your Everex Wallet and transfer funds to the bank account you have registered with us. Prior to sending eMoney from your Everex Wallet, we may conduct checks for the purposes of preventing fraud, money laundering, terrorist financing and other financial crimes. This may mean you are prevented or delayed from withdrawing eMoney.
You are responsible for ensuring that your personal information in your wallet profile is updated and correct, including your email address and mobile phone number, as well as the KYC data provided.
You are also responsible for maintaining adequate security, control, and confidentiality of your device access, your a wallet information, including any personal identification numbers (PINs), passwords, word-backup/restore keys, API keys, or other codes associated with your wallet and any activity occurring within that wallet. The loss or compromise of this information may result in unauthorized access to your wallet, and consequently the full loss or theft of funds/digital assets held in your wallet. You are also ultimately responsible to make sure you only send payments to people and businesses you know and trust.
If you believe your wallet has been compromised, or you need to report a security incident, or you have experienced any operational problems, or have a security concern, please contact us immediately at email@example.com or call Customer Support line numbers listed on Everex.cash and Everex.Asia websites.
Everex takes no responsibility for any loss that you suffer as a result of failing to comply with this section or failure to follow or act on any notices or alerts that we may send to you.
Due to the nature of blockchain technology, all transactions submitted by the user for broadcasting over blockchain are considered final and irrevocable. Everex provides no possibilities for transaction reversal.
Everex provides a wallet on a mobile application, a web application, communication tools, and an API interface. You provide the requirements to use these instruments. Everex is not liable for the functionality of any other systems except of the ones that it provides.
Subject to these Terms, Everex shall use reasonable efforts to make available, operate, and maintain Everex Services during the term of these Terms and to permit you to access and use Everex Services in accordance with these Terms. Everex shall use all reasonable efforts to notify you promptly of any difficulties experienced by us or other participants with respect to their access to or the use of Everex Services, but only to the extent that Everex is aware of such difficulties and reasonably determines that they are material to your access and use of Everex Services. Similarly, you shall notify Everex at the soonest possible time in case you become aware of any material technical failures of or difficulties with Everex Services or upon becoming aware of any material breach (or any event which, by giving notice and/or the lapse of time, would constitute a material breach) of these Terms.
Our Services may evolve over time. This means we may apply changes, replace, or discontinue (temporarily or permanently) our Services at any time for any reasonable cause with two days’ notice or without notice in case of a Force Majeure. In this case, you may be prevented from accessing or using our Services. If, in our sole discretion, we decide to discontinue our Services permanently, we will provide you with a notice via official communication channels.
A Force Majeure Event includes without limitation each of the following:
Everex shall, in its discretion, elect to avoid any transaction, rendering the transaction void ab initio where:
Everex shall not incur any liability as a result of losses sustained by you by reason of such cancellation.
You understand and accept the risks in connection with blockchain technology, the Ethreum blockchain, the Everex ecosystem on the Ethereum blockchain, electronic wallets, and Everex Services as set forth above and hereinafter. In particular, but not limited to, you understand the inherent risks listed hereinafter:
When you register for a wallet, depending on the security level selected, the Services generate and store an encrypted digital private and public key pair that you need to use in order to transfer, deposit or withdraw funds from your wallet. The public key generated by the Services works as your Everex Wallet address and may be shared with the network and with others to complete the transactions. The private key is stored as an encrypted string in the Everex cloud infrastructure. Depending on selected Security level, Private key uses either 6 digit PIN or specially generated Wallet Key, which exists as a sequence of digits and letters and uniquely matches the Everex Wallet address, to decrypt and authorize the transfer of digital assets from or to that Everex Wallet address.
The Wallet Key or 6 digit PIN is the most important element of security of your digital assets and identity. You are solely responsible for keeping your Wallet Key/PIN confidential and secure. The Wallet Key/PIN acts as your digital signature and is used every time you generate a Send transaction. Everex Wallet uses Wallet Key/PIN to decrypt your digital signature on the application devise (the app or the browser) and sign the authorization for outgoing transaction. If the devise running Everex Wallet is compromised with virus or malware, the Wallet Key/PIN may become available to third parties, resulting in possible full loss of funds.
The information provided pursuant to these Terms will be used by Everex and/or any of its group undertakings (together with other EVX Holings Pte. Ltd, and its affiliates or subsidiaries, the “Group”) for the purposes of providing you with digital products, services, and data pursuant to these Terms and enabling the Group to perform its business activities.
We will collect, use, store, and otherwise process information about you as permitted by applicable laws and updated from time to time, as well as other provisions of these Terms.
You are obliged to inform us in writing immediately in case any information we hold about you is inaccurate or not up to date or you believe that any of the information about you is collected, used and stored by us in a manner not compliant with applicable laws.
You explicitly acknowledge the export of your data to a location outside your country of domicile and to third parties outside the Group (including to countries outside the European Economic Area ).
You agree that you will not use Everex Services to perform any type or sort of illegal activity or to take any action that negatively affects the performances of Everex Services. You may not engage via the Services in any of the following activities, nor help a third party in any such activity to:
If you are blocked by Everex from accessing Everex Services, you agree not to implement any measures to circumvent such blocking. Use of our Services in connection with any transaction involving illegal products or services is prohibited. Everex compliance service implements regular checks on the traces of transactions to discourage the use of funds of dubious origin, including Ponzi schemes, Tor internet, mixers, etc. Everex reserves the right to suspend your wallet temporarily or permanently or otherwise restrict your use of Everex Services if any violation of this section occurs. Additionally, in case of a participant’s violation, Everex reserves its legal rights.
Each of the following constitutes an “Event of Default”:
Both Everex and you hereto acknowledge and agree that the other party will receive or have access to Confidential Information.
You and Everex undertake in respect of Confidential Information of which they are the recipient:
The obligations in this paragraph will not apply to any Confidential Information that is:
Either party may disclose any Confidential Information (including all or any part of these Terms) if obliged to do so in order to comply with applicable laws, including following the request from any competent court, regulator, or similar governmental authority. To the extent it is legally permissible to do so, such party will promptly notify the other party in writing of such obligation on request.
Upon termination of these Terms, both you and Everex will, within a reasonable period of time thereafter, return all Confidential Information received from the other party and copies made thereof by the receiving party, or certify in writing that, to the best of the party’s knowledge and belief, all such Confidential Information has been destroyed; provided, however, that each party may retain an archival copy of the disclosing party’s Confidential Information to be used only in the event of a dispute regarding these Terms or as may be required in connection with legal or regulatory matters involving these Terms.
You agree to indemnify, defend, and hold Everex, its employees, agents, consultants, subsidiaries, partners, affiliates, and licensors harmless against any and all claims, costs, losses, damages, liabilities, judgments, and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of our Services, your violation of these Terms, or your violation of any rights of any other person or entity.
Everex is liable to you for direct loss caused by defective performance of a contract where the wilful intent or negligence is attributable to Everex.
Everex shall assume no liability for any further claims, e.g. relating to compensation for indirect or consequential loss, lost profit, or loss of earnings, unrealized savings, or additional expense incurred, regardless of the legal grounds.
You are fully aware that the access to and the use of Everex Services through the Internet, the wallet, and from abroad might violate foreign laws applicable to you. You undertake to inform yourself and to assume sole liability for any risks relating to such foreign legislation. Any responsibility of Everex regarding the possible infringement of foreign laws in connection with your use of the Services from abroad is expressly and completely excluded.
You shall bear any losses arising as a result of orders that are not properly legible or as a result of forged or unauthorized orders, except in cases where Everex is at fault. Responsibility for the authenticity, accuracy, and completeness of orders and data transmitted shall – expect in cases where Everex is at fault – rest solely with you, even when Everex does not receive these orders/data directly from you, but through third parties.
Everex is not liable for the issuance of digital assets and maintenance of the digital-asset-trust-accounts, when those digital assets are issued by partner banks and not issued by Everex.
Everex shall assume no liability for losses if, for reasons for which Everex cannot be held responsible, Everex has been prevented from performing the transaction properly or on time, for example as a result of Force Majeure or measures, orders, and/or decrees issued by domestic or foreign governmental authorities.
In particular, Everex shall assume no liability for actions (e.g. declarations of Default), failure to take action, or any suspension or restriction of services by any element within the blockchain. Furthermore, Everex shall assume no liability for the consequences of official directives with regard to any means of payments allowed for the Everex Wallet.
Everex shall not be liable for the conduct of third parties that it mandates, provided it has exercised due diligence when choosing and instructing them.
If you have as a result of wilful intent or negligence, e.g. breach of your contractual obligations, contributed to causing and/or aggravating a loss, the extent to which Everex and you must bear the loss shall be determined in accordance with the principles of contributory negligence. You acknowledge that you have an obligation to prevent and reduce loss.
19. Termination, Suspension, and Cancelation
We may: (a) refuse to complete or block, cancel or reverse a transaction you have authorised (b) suspend, restrict, or terminate your access to any or all of the Everex Services, and/or © deactivate or cancel your Everex wallet with immediate effect for any reason, including but not limited to where:
We may suspend, restrict, or terminate your access to any or all of the Everex Services and/or deactivate or cancel your Everex wallet, without reason by giving you two months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Everex wallet, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
In the event that an alleged breach, controversy, claim, dispute or difference (a Dispute) arises between you and Everex out of or in connection with these Terms (including but not limited to the validity, performance, breach, or termination thereof), the parties shall seek to resolve the matter by negotiation by referring the matter first to:
The Following information will need to be included:
If you receive a response from the Customer Support Department but deem that the matter needs to be addressed further, you may ask the Customer Department to forward it to the Compliance Department or contact directly the Compliance Department at firstname.lastname@example.org. Both the Customer Support Department and the Compliance Department shall:
In case you are observing or experiencing system problems when using Everex services, you must inform Everex about any of such errors at your earliest convenience but no later than 24 hours from the time of the error. Otherwise, Everex will not be able to investigate the problem and can not be held liable for any losses occurred during the problem. Any transactional or system errors coming from Everex will be amended where possible.
We ask you to record all details of the observed problem or error, including making screenshots and put all supported information available, including your user login data, device used, Wallet address, and send to email@example.com .
Your right to take legal action remains unaffected by the existence or use of any complaints procedures referred to above.
These Terms and any other related contractual documents shall exclusively be governed by and construed in accordance with the substantive laws of Singapore.
In the event that the parties are unable to resolve a Dispute in accordance with these Terms, then the parties hereby irrevocably submit such Dispute to the exclusive jurisdiction of the courts of Singapore.
Everex will keep records containing your personal data, trading information, account opening documents, communications, and anything else which relates to you in accordance with applicable laws, but at least for five years after termination of these Terms.
You bear the sole responsibility to determine if your use of the Services, and/or any other action or transaction related to your digital assets on Everex, have tax implications for you.
By using the Services, and to the extent permitted by law, you agree not to hold any person other than yourself (including Everex) liable for any tax liability associated with or arising from the operation of the Services or any other action or transaction related to Everex.
The transaction price is dynamically calculated on the foreign exchange rates and can be conveniently and transparently seen in the wallet at the moment the money is sent.
In consideration for the use of the Service, You agree to pay to Everex a fee for each money transfer initiated by You at the applicable rate then in effect (the “transfer fee”). The applicable transfer fee for Your transaction will be provided to You prior to Your final authorization of the transaction, in addition to any applicable fees for additional services. In certain cases, payment of a money transfer may be subject to local taxes and service charges.
IN ADDITION TO THE TRANSFER FEE, Everex ALSO MAKES MONEY WHEN IT CHANGES one digital asset to another. Money transfers will normally be made in the currency of the destination country (in some countries payment is available only in U.S. dollars or other alternate currency). In addition to the transfer fee applicable to each transfer and if the currency which you presented is not the currency to be received by the Receiver, all currency is converted at Everex’ then current rate of exchange. The currency will be converted at the time of transfer and the Receiver will receive the foreign currency amount shown prior to Your final authorization of the transaction. In a few countries local regulations require the currency to be converted at the time the Receiver is paid, in which case the exchange rate and any amounts shown may be subject to exchange rate fluctuations between the time of transfer and the time the Receiver collects the funds. Everex calculates its rate of exchange based on commercially available interbank rates plus a margin. Most rates of exchange are adjusted in real-time using the interbank market. The exchange rate applied may be less favourable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions. Any difference between the currency exchange rate offered to customers and the currency exchange rate received by Everex will be kept by Everex (and, in some instances, its Agents) in addition to the transfer fees. For information concerning the current currency exchange rates provided by Everex to its consumers call the customer service telephone number listed below.
Sending and receiving in countries that provide payment in multiple currencies: You must select the currency of payment at the time Your transaction is made. The transfer fee and the money Everex (or its Agents, mobile phone or account provider) makes when it changes the funds into foreign currency may vary based upon the payment currency selected. In some countries it is possible to decide to receive the funds in a currency different from the one that You selected. Everex (or its Agents, mobile phone or account provider) may make additional money when Your funds are converted into the currency selected by the Receiver.
Everex may assign these Terms to its parent company, affiliate, or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets. These Terms, together with any other agreements that apply to you, constitute the entire and exclusive agreement between us and you regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation, or understanding regarding its subject matter.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable or illegal or contravene any rule, regulation, or law of any Market or regulator, that part will be deemed to have been excluded from these Terms from the beginning, and these Terms will be interpreted and enforced as though the provision had never been included and the legality or enforceability of the remaining provisions of the Terms or the legality, validity, or enforceability of this provision in accordance with the law and/or regulation of any other jurisdiction, shall not be affected but should remain in full force and effect.
The present Terms may change from time to time, including but not limited to cases of changes in our Services, in technology, in regulation, and for any other case that Everex deems as appropriate to take measures. In case of a change, we will provide you notice of such change by email and by posting the updated Terms on our website and changing the “Last Updated” date above. Any amended Terms shall become effective not earlier than 14 days after they are posted and shall apply prospectively to the use of the Services upon the effectiveness of such changes. However, in case the changes address new functions of Everex Services or they are made for any legal reasons, they shall be of immediate effect. Upon effectiveness of the change, as described above, the change of Terms shall be considered as accepted by you in case you continue using the Services. Therefore, in case you do not agree to any amended Term, you must immediately cease using the Services.
Unless the contrary is specifically provided in these Terms, any notice, instruction, request, or other communication to be given to Everex by the participant under these Terms shall be in writing and shall be sent to Everex’s address below (or to any other address which Everex may from time to time specify to the participant for this purpose)and shall be deemed delivered only when actually received by Everex at:
EVX HOLDINGS PTE. LTD.
8 Burn Road #15 ‐ 13 Trivex, Singapore 369977
Any communications sent to the participant (documents, notices, confirmations, statements, etc.) are deemed received:
In order to communicate with the participant, Everex will use the contact details provided by the participant while opening the Customer wallet or as updated later on. Hence, the participant has an obligation to notify Everex immediately of any change in the participant’s contact details.
For general queries and support, you can contact us at : firstname.lastname@example.org