This agreement (the "Agreement") is for all Arena Crypto and Forex Ltd. (ArenaCFX) customers.
Arena Crypto and Forex LTD. (also trading as ArenaCFX) is regulated by the UK Financial Conduct Authority (FCA).
This is a contract between you and Arena Crypto and Forex Ltd (ArenaCFX), a private limited company incorporated in England and Wales with company number 13376541 and whose registered office address is 5 WELLINGTON ROAD UXBRIDGE ENGLAND UB8 2AP and also registered in the United States with CIK No.1826498 and EIN No.85-2485818 and whose registration address is ONE GLENWOOD AVENUE, SUITE NO. 5, RALEIGH, NC, 27603
References in this Agreement to "ArenaCFX", "we", "our" or "us", are to Arena Crypto and Forex Ltd, and references to "you" or "your" are to the person with whom ArenaCFX enters into this Agreement.
We refer to the E-Money Services, Digital Currency Services and Additional Services (all defined below) collectively as the "ArenaCFX Services", which can be accessed via the platform operated by Arena Crypto and Forex Ltd (the "ArenaCFX Platform") (including the online platform which is accessible via the Site or at such location as may be prescribed by ArenaCFX from time to time).
*You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial. As with any asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling or holding digital currencies. You should carefully consider whether trading, holding or investing Digital Currencies is suitable for you in light of your financial condition.*
To be eligible to use any of the ArenaCFX Services, you must be at least 18 years old and reside in a country in which the relevant ArenaCFX Services are accessible. Please note that not all ArenaCFX Services are available in every country.
The following services (the "Digital Currency Services") may be provided to you by ArenaCFX:
(A) hosted digital currency wallets (the "Digital Currency Wallets") enabling you to store, track, transfer, and manage your balances of certain supported digital currencies like Bitcoin or Ethereum (collectively "Digital Currency" or "Digital Currencies"); and
(B) a Digital Currency exchange service enabling you to obtain prices for your deposits of Digital Currencies.
2.2 Several Liabilities. You agree that the liability of ArenaCFX Platform under this Agreement is not joint, and ArenaCFX Platform shall be liable only for their own respective obligations under this Agreement, and any breaches by them of those obligations.
2.3 Fees. You agree to be responsible for the payment of and pay all fees.
3.1 Registration of ArenaCFX Account. To use the ArenaCFX Services, you will need to register for an ArenaCFX account (an "ArenaCFX Account") by providing your details, including your name, email address and a password and accepting the terms of this Agreement. By using an ArenaCFX Account, you agree and represent that you will use the ArenaCFX Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from ArenaCFX in accordance with Section 3.2 and 4.10 of this Agreement. Each customer may register only one ArenaCFX account. You are fully responsible for all activity that occurs under your ArenaCFX Account. We may, in our sole discretion, refuse to open an ArenaCFX Account for you, or suspend or terminate any ArenaCFX Accounts (including but not limited to duplicate accounts) or suspend or terminate the trading of specific Digital Currency in your account.
3.2 Third party Access. If, to the extent permitted by Section 4.10, you grant express permission to a Regulated Third Party to access or connect to your ArenaCFX Account(s), either through the Regulated Third Party's product or service or through the Site, you acknowledge that granting permission to a Regulated Third Party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any Regulated Third Party with access to your ArenaCFX Account(s) and any action of such Regulated Third Party shall be considered to be an action authorised by you. Further, you acknowledge and agree that you will not hold ArenaCFX responsible for, and will indemnify ArenaCFX from, any liability arising out of or related to any act or omission of any Regulated Third Party with access to your ArenaCFX Account(s).
3.3 Identity Verification. You agree to provide us with the information we request (which we may request at any time deemed necessary) for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to continue using the ArenaCFX Services and to access specific ArenaCFX Services, including certain transfers of Digital Currency, and the limits that apply to your use of the ArenaCFX Services may be altered as a result of information collected on an ongoing basis.
The information we request may include (but is not limited to) personal information such as your name, residential address, telephone number, email address, date of birth, taxpayer identification number, government identification number and other subscriber status details, and any such information that ArenaCFX is required to collect from time to time under applicable law.
You may also be required to undergo "Enhanced Due Diligence" (see Section 6.1 below), where ArenaCFX may request that you submit additional information about yourself or your business, provide relevant records, and arrange for meetings with ArenaCFX staff so that ArenaCFX may, among other things, establish the source of your wealth and source of funds for any transactions carried out in the course of your use of ArenaCFX Services.
In providing us with this or any other information that may be required, you confirm that the information is true, accurate and complete, and you have not withheld any information that may influence ArenaCFX's evaluation of you for the purposes of your registration for a ArenaCFX Account or the provision of ArenaCFX Services to you. You undertake to promptly notify in writing and provide ArenaCFX with information regarding any changes in circumstances that may cause any such information provided to become false, inaccurate or incomplete and also undertake to provide any other additional documents, records and information as may be required by ArenaCFX and/or applicable law. You permit us to keep records of such information. We will treat this information in accordance with Section 11 ( Data Protection ).
You authorise us to make enquiries, 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 enquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further ArenaCFX Services and/or before permitting you to engage in transactions beyond certain volume limits.
4.1 Loading. You can load funds into your ArenaCFX account using any of the supported cryptocurrencies listed on the platform, and your ArenaCFX dashboard will show loaded funds once we have received them. Loading of funds may be done manually, or as part of a recurring transaction that you set up on your ArenaCFX Account. You may only load your own funds, from your own account, and also from any joint, pooled or third party account. When funds are loaded into the account you will be issued with E-Money (Fiat) by ArenaCFX that represents the funds you have loaded. ArenaCFX Payments will only hold funds received from users in a designated safekeeping account with a regulated financial institution. funds held in your E-Money dashboard will not earn any interest until at least one contract is activated. Your dashboard may hold E-Money denominated in different currencies and we will show the E-Money balance for each currency that you hold.
4.2 Withdrawal of Digital Currency. You may withdraw any supported Digital Currency by using E-Money credited to your dashboard. To carry out a Digital Currency Transaction using E-Money, you must follow the relevant instructions on the Site. A Digital Currency Transaction using E-Money should normally be settled no later than one business day after we receive your instructions. You authorise us to debit E-Money from your dashboardt. Although we will attempt to deliver Digital Currency to you as promptly as possible, E-Money may be debited from your E-Money Wallet before Digital Currency is delivered to your provided Digital Currency Wallet.
4.3 Revocation. When you give us instructions to carry out a Digital Currency Transaction using E-Money, you cannot withdraw your consent to that Digital Currency Transaction unless the Digital Currency Transaction is still pending.
4.5 Unsuccessful Payments. If a payment to load funds into your E-Money Wallet is not successful, you authorise ArenaCFX, in its sole discretion, to cancel any related Digital Currency Transactions. You are responsible for maintaining an adequate balance in order to avoid overdraft, or similar fees charged by your wallet provider.
4.6 Account Information. You will be able to see your E-Money dashboard balance and your transaction history using the Site, including (i) the amount (and currency) of each Digital Currency Purchase, (ii) a reference to identify the transaction (as appropriate), (iii) any fees charged (including a breakdown of the fees), and (iv) the debit or credit date of each Digital Currency Purchase (as appropriate).
4.7 Redeeming E-Money. You may redeem all or part of any E-Money held in your dashboard at any time by selecting the relevant option in the Site and following the instructions. Unless agreed otherwise, funds will be transferred to the cryptocurrency wallet you have provided us. Prior to redeeming E-Money from your E-Money dashboard, we may conduct checks for the purposes of preventing fraud, money laundering, terrorist financing and other financial crimes, and as required by applicable law. This may mean you are prevented or delayed from withdrawing E-Money until those checks are completed to our reasonable satisfaction in order to comply with our regulatory requirements.
4.8 Unauthorised and Incorrect Transactions. Where a withdrawal of Digital Currency and/or redemption of E-Money is initiated from your ArenaCFX account using your credentials, we will assume that you authorised such a transaction, unless you notify us otherwise .
If you believe that a transaction using your E-Money dashboard has been carried out that you did not authorise (an "Unauthorised Transaction"), or if you have reason to believe that a transaction using your E-Money dashboard has been incorrectly carried out or is not complete (an "Incorrect Transaction"), you must contact us as soon as possible, and in any case no later than 13 days after the Unauthorised Transaction or Incorrect Transaction occurred.
It is important that you regularly check your E-Money Wallet balance and your transaction history to ensure any Unauthorised Transactions or Incorrect Transactions are identified and notified to us at the earliest possible opportunity.
We are not responsible for any claim for Unauthorised Transactions or Incorrect Transactions unless you have notified us in accordance with this Section 4.8, in which case Section 4.9 below sets out our respective responsibilities. As further described in Section 4.9 below, we are not responsible for any claim for Unauthorised Transactions or Incorrect Transactions if you have acted fraudulently, intentionally or with gross negligence and this has resulted in the Unauthorised Transactions or Incorrect Transactions.
During any investigation of any actual or potential Unauthorised Transactions or Incorrect Transactions, we reserve the right to suspend your ArenaCFX Account to avoid further losses.
(A) Unauthorised Transactions - E-Money Dashboard.
If an Unauthorised Transaction occurs in your E-Money Wallet as a result of our failure, we will refund you the amount of that transaction by no later than the end of the next business day after becoming aware of the Unauthorised Transaction and restore your E-Money balance to the state it would have been in had the Unauthorised Transaction not taken place. Generally, you will not be liable for losses incurred after you have notified us of the Unauthorised Transaction or if we have failed at any time to provide you with the means for notifying us.
You will be liable for the first $50 of any losses you incur in respect of an Unauthorised Transaction in your E-Money Wallet which arises from the use of lost or stolen credentials (for example when you have failed to keep the login details for your ArenaCFX Account secure), and if you are fraudulent, or you intentionally or negligently fail to carry out your obligations under this Agreement and this results in Unauthorised Transactions in your E-Money dashboard (for example, if you deliberately share your email and password with a third party, or are grossly negligent in keeping your email and password secure, in both cases other than in accordance with Sections 3.2 and/or 4.10 ), you will be liable for all resultant losses incurred as a result of any such Unauthorised Transactions, not just the first $50.
Where there is a dispute between us and you regarding whether or not a transaction is an Unauthorised Transaction, we may (but are not obliged to) temporarily credit your E-Money Wallet whilst we settle the dispute. When we determine that the transaction was authorised, we may reverse that funds and correct errors made in any statement of E-Money dashboard without prior notice to you, although please note that during this period your E-Money dashboard may be temporarily locked to avoid further Unauthorised Transactions.
(B) Incorrect Transactions - E-Money Dashboard.
Where an Incorrect Transaction is made in your E-Money Wallet as a result of our action or error we shall refund to you the amount of that transaction without undue delay and restore your E-Money Wallet to the state in which it would have been had the Incorrect Transaction not taken place. We will also endeavour to provide you with reasonable notice where possible. We will also pay any charges for which we are responsible, and for any interest which you can show that you have had to pay as a consequence of any Incorrect Transaction. Irrespective of our liability, on your request, we shall try to trace any Incorrect Transaction initiated by you free of charge. However, we cannot guarantee that we will be able to trace such transactions.
4.10 Appointment of Regulated Third Parties. You may, as set out in Section 3.2 , appoint appropriately regulated third parties to access your E-Money Wallet ("Regulated Third Parties"). If you do so, you should be aware that by virtue of such access, that a Regulated Third Party may access your transactional and other data, and / or may initiate transfers from your account. You will be liable for any actions that any Regulated Third Parties take on your ArenaCFX Account, as further set out in Section 3.2 above. We reserve the right to refuse access to any Regulated Third Parties, as set out in Section 4.11 below.
4.11 Refusing to deal with Regulated Third Parties.We may refuse access to Regulated Third Parties for objectively justified and duly evidenced reasons relating to unauthorised or fraudulent access to your account, money laundering, terrorist financing, fraud, or any other financial crime, and as required by applicable law. In such cases, unless we are prohibited by applicable law, we will inform you that that Regulated Third Party's access has been denied and the reasons why. We will permit access again once we are satisfied that the reasons for refusing access no longer exist.
4.12 Consent. By opening an ArenaCFX Account with us you provide your explicit consent to us providing payment services to you. You can withdraw this consent at any time by closing your ArenaCFX Account.
5.1 In General. Your Digital Currency Wallet enables you to send Digital Currency to, and request, receive, and store Digital Currency from, other users or third parties outside the ArenaCFX Platform, by giving instructions through the Site (each such transaction is a "Digital Currency Transaction").
The Digital Currency Service enables you to deposit Digital Currency on the ArenaCFX Platform using other types of supported Digital Currency on the ArenaCFX platform
5.2 Transaction Fulfilment. We will make reasonable efforts to fulfil all deposits of Digital Currency, but in some circumstances, we may be unable to. If this is the case, we will notify you and seek your approval to re-attempt the deposit at the current Exchange Rate (as defined below).
5.3 Availability of Deposit Methods. The availability of a method of deposit depends on a number of factors including, for example, where you are located and your choice of digital currency to deposit.
5.4 Authorisations; Reversals; Cancellations. By clicking the 'Deposit' or 'Withdrawal' button on the Site, you are authorising ArenaCFX to initiate the transaction at the quoted market Price and agree to any associated Conversion Fees and Exchange Fees and any other fees.
You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorise us, in our sole discretion, to cancel the transaction you are responsible for maintaining an adequate balance in order to avoid overdraft, insufficient funds, or similar fees charged by your wallet/payment provider. ArenaCFX reserves the right to suspend access to ArenaCFX Services until such insufficient payment is addressed.
5.5 Digital Currency Transactions. We will process Digital Currency Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requestee or other third party and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete.
Digital Currency Transactions cannot be reversed once they have been broadcast to the relevant Digital Currency network.
We may charge network fees ("miner fees") to process a Digital Currency Transaction on your behalf. We will calculate the miner fees at our discretion, although we will always notify you of the miner fees at (or before) the time you authorise the Digital Currency Transaction. Non-payment of miner fees may cause your transaction to remain in a pending state outside of ArenaCFX's control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.
We may also refuse to process or cancel any pending Digital Currency Transaction as required by law, regulation or any court or other authority to which ArenaCFX is subject in any jurisdiction, for instance, if there is suspicion of money laundering, terrorist financing, fraud, or any other financial crime.
5.6 Supported Digital Currencies. Our Digital Currency Services are available only in connection with those digital currencies that ArenaCFX supports ("Supported Digital Currencies"), and this may change from time to time.
Under no circumstances should you attempt to use your ArenaCFX account to store, send, request, or receive digital currencies in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use your ArenaCFX account for digital currencies that we do not support. You acknowledge and agree that ArenaCFX bears no responsibility and is not liable for any unsupported asset that is sent to a wallet associated with your ArenaCFX Account.
5.7 Ending support of a Digital Currency. ArenaCFX may in its sole discretion terminate support for any Digital Currency. ArenaCFX will provide you no less than 10 days notice (unless a shorter period is required by applicable law or a regulatory authority) via email to the email address associated with your ArenaCFX account to announce the end of such support. If you do not withdraw or send such Digital Currency off the platform during this time, ArenaCFX reserves the right to withdraw such Digital Currencies from your account and credit your ArenaCFX account with the market value of a supported Digital Currency which will be selected in our reasonable discretion.
5.8 Supplemental Protocols Excluded. Unless specifically announced on the Site or via an official public statement of ArenaCFX, Supported Digital Currencies excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Currency. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a Supported Digital Currency (collectively, "Supplemental Protocols"). Do not use your ArenaCFX Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such Supplemental Protocols, as the ArenaCFX Platform is not configured to detect, secure, or process these transactions and functionalities. Any attempted transactions in such items will result in loss of the item.
You acknowledge and agree that Supplemental Protocols are excluded from Supported Digital Currency and that ArenaCFX has no liability for any losses related to Supplemental Protocols.
5.9 Operation of Digital Currency Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. Generally, the underlying protocols are 'open source' and anyone can use, copy, modify, and distribute them.
5.10 Digital Currency Storage & Transmission Delays. The ArenaCFX Group securely stores Digital Currency private keys, in a combination of online and offline storage. Our security protocols may delay the initiation or crediting of a Digital Currency Transaction.
5.11 Third party Payments. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or receive from, or sell or transfer to, any third party (including other users of the Digital Currency Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, any third party using Digital Currency transferred using the Digital Currency Services, or if you have a dispute with such a third party, you should resolve the dispute directly with that third party.
5.12 Digital Currency Title. All Digital Currencies held in your ArenaCFX account are assets held by the ArenaCFX Group for your benefit on a custodial basis. Among other things, this means:
(A) Title to Digital Currency shall at all times remain with you and shall not transfer to any company outside the ArenaCFX Group. As the owner of Digital Currency in your ArenaCFX account, you shall bear all risk of loss of such Digital Currency.
(B) None of the Digital Currencies in your Digital Currency Wallet are the property of, or shall or may be loaned to, ArenaCFX; ArenaCFX does not represent or treat assets in a user's Digital Currency Wallets as belonging to ArenaCFX. Except as required by a facially valid court order, or except as provided herein, ArenaCFX will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Currency in your ArenaCFX account unless instructed by you or compelled by a court of competent jurisdiction to do so.
(C) You control the Digital Currencies held in your account. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Currency by sending it to a different cryptocurrency address controlled by you or a third party.
(D) In order to more securely hold customer Digital Currency, the ArenaCFX Group may use shared blockchain addresses, controlled by a member of the ArenaCFX Group, to hold Digital Currencies held on behalf of customers and/or held on behalf of ArenaCFX. Customers' Digital Currency is segregated from the ArenaCFX Group's (including ArenaCFX's) own Digital Currency or funds by way of separate ledger accounting entries for customer and ArenaCFX Group accounts. Notwithstanding the foregoing, the ArenaCFX Group shall not have any obligation to use different blockchain addresses to store Digital Currencies owned by you and Digital Currencies owned by other customers or by the ArenaCFX Group.
ArenaCFX is under no obligation to issue any replacement Digital Currency in the event that any Digital Currency, password or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible.
6.1 Enhanced Due Diligence. We may require you to submit additional information about yourself or your business and provide records if you wish to raise your investment ("Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance so that you can decide whether you wish to proceed with the request.
7.1 Suspension, Termination and Cancellation. We may: (a) refuse to complete, or place on hold, block, cancel or reverse a transaction you have authorised (even after funds have been debited from your ArenaCFX Account), (b) suspend, restrict, or terminate your access to any or all of the ArenaCFX Services, and/or (c) deactivate or cancel your ArenaCFX Account with immediate effect for any reason, including but not limited to where:
(A) we reasonably believe that we need to do so in order to protect our reputation;
(B) we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
(C) we reasonably suspect you of acting in breach of this Agreement;
(D) we have concerns that a transaction is erroneous or about the security of your ArenaCFX Account or we suspect that the ArenaCFX Services are being used in a fraudulent or unauthorised manner;
(E) we suspect money laundering, terrorist financing, fraud, or any other financial crime;
(F) use of your ArenaCFX Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your ArenaCFX Account activity; and / or
(G) you take any action that may circumvent our controls such as opening multiple ArenaCFX Accounts or abusing promotions which we may offer from time to time.
We may also refuse to complete or block, cancel or reverse a transaction you have authorised where there is insufficient Digital Currency in your Digital Currency Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction.
7.2 If we refuse to complete a transaction and / or suspend, restrict or close your ArenaCFX Account, and / or terminate your use of ArenaCFX Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure of your ArenaCFX Account. In the event that we refuse to complete a transaction and / or suspend your ArenaCFX Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and/or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.
We may suspend, restrict, or terminate your access to any or all of the ArenaCFX Services and/or deactivate or cancel your ArenaCFX Account, without reason by giving you two weeks notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your ArenaCFX Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that ArenaCFX is under no obligation to disclose the details of its risk management and security procedures to you.
7.3 Consequences of Termination or Suspension. On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which ArenaCFX is subject in any jurisdiction, you are permitted to access your ArenaCFX Account:
(A) for ninety (90) days thereafter for the purposes of transferring Digital Currency out of your ArenaCFX account and/or out of the ArenaCFX Platform; and/or
(B) at any point in the six-year period commencing with the date of the termination of this Agreement for the purposes of transferring E-Money out of your E-Money Wallet and/or out of the ArenaCFX Platform.
You are not permitted to use the ArenaCFX Services or your ArenaCFX Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the ArenaCFX Platform or access to the Site for you accordingly.
If we suspend or close your ArenaCFX Account or terminate your use of ArenaCFX Services for any reason, we reserve the right to require you to re-complete the procedures outlined at Section 3.3 (Identity Verification) before permitting you to transfer or withdraw Digital Currency or E-Money. You may cancel your ArenaCFX Account at any time by withdrawing all balances in your Digital Currency Wallet(s) and contacting us with a request for account cancellation. You will not be charged for cancelling your ArenaCFX Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation.
8.1 Release of ArenaCFX. If you have a dispute with one or more users of the ArenaCFX Services (other than ArenaCFX), you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.
8.2 Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
8.3 Limitations of Liability. ArenaCFX's total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by ArenaCFX of this Agreement shall be limited to a maximum aggregate value of the combined value of the Digital Currency and E-Money on deposit in your ArenaCFX account at the time of the relevant breach by ArenaCFX. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.
8.4 Limitation of loss. In addition to the liability cap at Section 8.3 (Limitations of Liability) above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
(A) any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a Digital Currency Transaction properly, your damages are limited to no more than the combined value of the supported Digital Currency at issue in the transaction, and that you may not recover for any "loss" of anticipated trading profits or for any actual trading losses made as a result of the failure to activate a contract;
(B) any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same;
(C) any loss of use of hardware, software or data and/or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and/or any interruption in any such data; and
(D) any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
8.5 Applicable law. The limitation of liability in this Section 8 (Liability) is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the ArenaCFX Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors' negligence.
8.6 No Warranties. The ArenaCFX Services, the ArenaCFX Platform and the Site are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the ArenaCFX Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the ArenaCFX Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
We make no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the Site. Any materials, information, view, opinion, projection or estimate presented via the Site is made available by ArenaCFX for informational purposes only, and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness and reliability of the materials, information, view opinion, projection or estimate provided on the Site and/or the Site. Accordingly, no warranty whatsoever is given by ArenaCFX and no liability whatsoever is accepted by ArenaCFX for any loss arising whether directly or indirectly as a result of you acting on any materials, information, view, opinion, projection or estimate provided in or made available through the Site and/or the Site.
The ArenaCFX Services, ArenaCFX Platform and Site are not intended to provide specific legal advice or to make any recommendations about the suitability of any investments or products for any particular investor. You should seek your own independent financial, legal, regulatory, tax or other advice before making an investment. In the event that you choose not to seek advice from a relevant adviser, you should consider whether the investment or product is suitable for you.
We will make reasonable efforts to ensure that Digital Currency Transactions, requests for debits and credits involving Digital Currency Wallets are processed in a timely manner but ArenaCFX makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the ArenaCFX Services and Site.
8.7 No Liability for Breach. We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
9.1 Access & Availability. Access to ArenaCFX Services may become degraded or unavailable during times of significant volatility or volume. This could result in limitations on access to your ArenaCFX Account or the ArenaCFX Services, including the inability to initiate or complete transactions and may also lead to support response time delays.
(A) although we strive to provide you with excellent service, we do not guarantee that the Site or other ArenaCFX Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open or that your ArenaCFX Account will be accessible; and
(B) please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues.
Under no circumstances shall ArenaCFX be liable for any alleged damages arising from service interruptions, delays in processing transactions, or lack of timely response from ArenaCFX customer support.
9.2 Website Accuracy. Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content (as defined below)) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.
In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.
Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third party materials accessible or linked to from the Site.
10.1 Contact ArenaCFX. If you have any feedback, questions, or complaints, contact us via our 'Customer Support' webpage at https://arenacfx.com/contact.
When you contact us please provide us with your name, email address, and any other information that we may need to identify you, your ArenaCFX Account, and the transaction on which you have feedback, questions, or complaints.
10.2 Complaints. If you have a dispute with ArenaCFX, you agree to contact our support team in the first instance to attempt to resolve such dispute. If we cannot resolve the dispute through our support team, you and we agree to use the complaints process set out in this Section 10.2. You agree to use this process before commencing any action as set out in Section 10.4. If you do not follow the procedures set out in this Section 10.2 before pursuing action under Section 10.4, we shall have the right to ask the relevant court/authority to dismiss your action/application unless and until you complete the following steps:
In the event of a complaint which has not been resolved through your contact with ArenaCFX Support, please use our complaint form to set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. The complaint form can be found on the ArenaCFX support pages, https://arenacfx.tawk.help or can be requested from ArenaCFX Customer Support. We will acknowledge receipt of your complaint form after you submit it. A customer complaints officer (an "Officer") will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided, and any information provided by ArenaCFX.
Within 15 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an email ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In certain circumstances, if the Officer is unable to respond to your complaint within 15 business days, the Officer will (unless prohibited by applicable law) send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint).
Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
10.3 If we have not been able to resolve your complaint via the complaint process set out in Section 10.2 above, you may escalate your complaint via the dispute processes set out in Sections 10.4(A) to 10.4(B) below as applicable to you.
10.4 Both you and we agree that we shall not commence any of the dispute processes set out at Sections 10.4(A) to 10.4(B) below in relation to the whole or part of your complaint until the complaint process set out in Section 10.2 has been completed, although nothing in Section 10.2 or in this Section 10.4 shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction:
(A) E-Money Services. If your complaint relates to any E-Money Services, you may be entitled to take that complaint to the FOS.
(B) For complaints or disputes arising out of or in connection with this Agreement or the provision of ArenaCFX Services, the ArenaCFX Platform or the Site, that cannot be resolved via the complaint process set out in Section 10.2 above, you submit to the non-exclusive jurisdiction of the courts of England and Wales without prejudice to any mandatory rights available to consumers (being individuals not engaged in conduct related to their trade, business or profession, "Consumers") to commence proceedings against ArenaCFX before the courts of the jurisdiction in which they are domiciled.
(A) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
12.1 Password Security. In order to access ArenaCFX Services, you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access ArenaCFX Services safe and maintaining adequate security and control of any and all security details that you use to access the ArenaCFX Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic devices and ensuring that such electronic devices are encrypted and password protected.
Any loss or compromise of your electronic device or your security details may result in unauthorised access to your ArenaCFX Account by third-parties and the loss or theft of any E-Money, Digital Currency and/or funds held in your ArenaCFX Account. You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.
You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your ArenaCFX Account. ArenaCFX will never under any circumstances ask you for your IDs, passwords, or 2-factor authentication codes or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your account unless specifically authorised in accordance with Sections 3.2 and 4.10. Always log into your ArenaCFX Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of ArenaCFX and/or failure to follow the requirements set out in this Section 12.1 , or follow or act on any notices or alerts that we may send to you.
12.2 Authentication and Verification. In order to access ArenaCFX Services users are required to provide an email address and create a password. ArenaCFX offers two-factor authentication via a user's email. A verified email is required to enable two-factor authentication. Users are responsible for keeping electronic devices through which ArenaCFX Services are accessed safe and maintaining adequate security and control of any and all security details that are used to access the ArenaCFX Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user's ArenaCFX Account by third-parties and the loss or theft of any E-Money, Digital Currency and/or funds held in your ArenaCFX Account.
12.3 Security Breach. If you suspect that your ArenaCFX Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or ArenaCFX (together a "Security Breach"), you must:
(A) notify ArenaCFX Support as soon as possible by email free of charge;
(B) continue to provide accurate and up to date information throughout the duration of the Security Breach; and
(C) you must take any steps that we reasonably require to reduce, manage or report any Security Breach.
Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
12.4 Safety and Security of Your Computer and Devices. ArenaCFX is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.
13.1 Your Compliance with Applicable Law. You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the ArenaCFX Services, the ArenaCFX Platform and the Site.
13.2 Limited Licence. We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of ArenaCFX and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.
"https://arenacfx.com/", " ArenaCFX", and all logos related to the ArenaCFX Services or displayed on the Site are trademarks or registered marks of ArenaCFX or its licensors. You may not copy, imitate or use them without our prior written consent.
13.3 Prohibited and Conditional Use. In connection with your use of the ArenaCFX Services, and your interactions with other users and third parties, you agree to comply with the 'Policy on Prohibited Use, Prohibited Businesses and Conditional Use'. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any licence or right for the E-Money or Digital Currency to be used for illegal, unlawful, fraudulent, unethical, or unauthorised purposes or to promote or facilitate any illegal, unlawful, fraudulent, unethical or unauthorised activities. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.
13.4 Export Controls & Sanctions. Your use of the ArenaCFX Services and the Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Currency through the Site or ArenaCFX Services, you agree that you will comply with those requirements.
13.5 Amendments. We will notify you of any change to the Agreement relating to ArenaCFX Services by email at least two months in advance. In such circumstances, you will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the ArenaCFX Services. If you do not accept the change you should let us know, and the Agreement will terminate at the end of the two-month notice. You may also end the Agreement immediately and free of charge with effect at any time before the expiry of the two-month notice.
We may make all other amendments to the Agreement (including in relation to any other ArenaCFX Services) by posting the revised Agreement on the Site or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your ArenaCFX Account and cease using the ArenaCFX Services. You agree that any notification of amendments in the manner as aforesaid shall be sufficient notice to you, and your continued access and/or use of ArenaCFX Services and/or the Site shall constitute an affirmative acknowledgement by you of the amendments and shall be deemed to be your acceptance of the revised Agreement.
Copies of the most up-to-date version of the Agreement will be made available in the Site at all times.
13.6 Relationship of the Parties. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or ArenaCFX to be treated as partners or joint ventures, or either you or ArenaCFX to be treated as the agent of the other.
13.7 Privacy of Others. If you receive information about another user through the ArenaCFX Services, you must keep the information confidential and only use it in connection with the ArenaCFX Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited communications to another user through the ArenaCFX Services.
13.8 Contact Information. You are responsible for keeping your contact details (including your email address and telephone number) up to date in your ArenaCFX Account profile in order to receive any notices or alerts that we may send to you (including notices or alerts of actual or suspected Security Breaches).
13.9 Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the ArenaCFX Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. Your transaction history is available through your ArenaCFX Account.
13.10 Unclaimed Property. If we hold E-Money or Digital Currency on your behalf, and we are unable to contact you and have no record of your use of the ArenaCFX Services for several years, applicable law may require us to report the E-Money or Digital Currency as unclaimed property to the authorities in certain jurisdictions. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such E-Money or Digital Currency to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
13.11 Death of Account Holder. For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your ArenaCFX Account and during this time, no transactions may be completed until: (i) your designated executor/trustee has opened a new ArenaCFX Account or informed ArenaCFX about another, existing, ArenaCFX Account in their name, as further described below, and the entirety of your ArenaCFX Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, the executor/trustee you have designated in a valid Will or similar testamentary document will be required to open a new ArenaCFX Account or inform ArenaCFX of another, existing ArenaCFX Account in their name to which the entirety of the funds in your ArenaCFX Account shall be transferred. If you have not designated an executor/trustee, then we reserve the right to (i) treat as your executor/trustee any person entitled to inherit your ArenaCFX Account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a Will or similar document, or (ii) require an order designating an executor/trustee from a court having competent jurisdiction over your estate. In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the executor/trustee designation, we reserve the right to require an order resolving such an issue from a court of competent jurisdiction before taking any action relating to your ArenaCFX Account. Pursuant to the above, unless your designated executor/trustee already holds a ArenaCFX Account (in which case they may still be required to undergo additional identity verification procedures), the opening of a new ArenaCFX Account by a designated executor/trustee is mandatory following the death of a ArenaCFX Account owner, and you hereby agree that your executor/trustee will be required to open a new ArenaCFX Account and provide the information required in order to gain access to the contents of your ArenaCFX Account.
13.12 Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and ArenaCFX as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and ArenaCFX.
13.13 Interpretation. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
13.14 Transfer and Assignment. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving ArenaCFX, provided that this transfer or assignment does not materially impact the quality of the ArenaCFX Services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. You reserve the right to terminate the agreement with immediate effect in the event we transfer and/or assign the Agreement.
13.15 Security Interests. You must not create security over your E-Money or Digital Currency unless you have obtained our prior approval in writing.
13.16 Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.
13.17 Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.
13.18 Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
13.19 Change of Control. In the event that ArenaCFX is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.
13.20 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, ArenaCFX Account cancellation, debts owed to ArenaCFX, general use of the ArenaCFX Platform or Site, disputes with ArenaCFX, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.
13.21 Governing Law. This Agreement and the relationship between us shall be governed by the laws of England and Wales, subject to any local mandatory law, or rights available to Consumers.