Wealthmark Terms & Conditions

SERVICES

1. The Company is merely a technology platform allowing Users to carry out transactions in accordance with his/her choice, and any interactions with any third-party websites.
2. The Online Platforms provide access to a Digital Assets exchange and the following services- i. Buy or sell Virtual Assets and Digital Assets from or to other Users in exchange for other Virtual Assets or Digital Assets, or for fiat currency; ii. Enter into arrangements to store Virtual Assets and Digital Assets listed on the Site with a third-party custodian; iii. Withdraw any fiat currency balance held in your Account; iv. Transfer Virtual Assets and Digital Assets to a wallet or to other users of such Virtual Assets and Digital Assets outside the Site; v. Use Virtual Assets for purchasing goods; and vi. Access and use the Ripple protocol.
3. You hereby agree and understand that in order to facilitate any request/ transaction on the Online Platforms, the Company, in order to process such a request or effectuate the settlement of any transaction, may be required to avail the services of third-party exchanges/ wallet providers or other digital asset service providers and the User hereby consents to the same. In the course of providing such Services the Company may require you to provide or execute any other document in order to be compliant to its policies or the Law.
4. We are committed to safeguarding the Online Platforms, as much as possible. For that reason, we reserve the right to make changes to the Online Platforms for maintenance at any time. We do not warrant that your use of the Online Platforms will always be available/ uninterrupted and only strive to provide you with a minimum downtime. However, we will not be liable to you, including without limitation, for any losses incurred due to volatility of prices of the Digital Assets if for any reason the Online Platforms are unavailable at any time or for any period. We may suspend, withdraw, discontinue, or change all or any part of the Online Platforms without notice.
5. You agree not to: circumvent, remove, degrade, deactivate, or thwart any of the contents of our service; use any robot, spider, scraper, or other means to access our service. You also agree not to interfere with any software or other products or processes accessible through our service directly or indirectly. Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of our service. We may terminate or restrict your use of our service if you violate these Terms or engage in any illegal or fraudulent use of our service.
6. Depending on your country of residence, incorporation or registered office, you may not be able to use all the functions of the Site or Services. It is your responsibility to follow the rules and laws in your country of residence and/or country from which you access this Site and the Services. As long as you agree to and comply with these Terms of Use, Wealthmark grants you the personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Services.

USER ACCOUNT

1. You can register to the Services, directly or through a third-party website, an account will be created with your details. In order to access any Services, you must activate your account (“User Account”). You are responsible for safeguarding your account and You agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, irrespective of whether You have authorized such activities or actions. You will immediately notify us of any unauthorized use of your password or your account, upon becoming aware of any such discrepancy, by writing to us at ______________. Without limiting any other terms of this Terms.
2. You represent and warrant that:
3. • (A) you are competent to contract i.e.
     • (i) if you are an individual, then you are above eighteen years of age or have attained the age of majority as per applicable law, or
     • (ii) that if you are registering on behalf of any entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services, in accordance with the applicable laws including applicable laws of the jurisdiction you are a resident of and
   • (B) you are:
     • (i) not included in any Sanctions Lists;
   • C) your membership has not been suspended or terminated by us for any reason whatsoever; and
   • (D) your use of Services will not violate any and all laws and regulations applicable to you. The Company may require You to submit or execute any document as required under law at any time with respect to contents hereof.

YOUR WALLET

1. Upon activation of your User Account, a Fiat Wallet and a Coin Wallet is created for effecting transactions, and you are required to maintain a minimum balance of Funds in your Wallets before you initiate an order and/or transaction. We reserve the right to refuse to execute any order and/or transaction initiated by you, if they are in contravention to our policies or any direction from a law enforcement agency.
2. You are solely responsible for effecting any transactions involving the Wallet and it shall be your responsibility to disclose the proper source of funds.

TERMS OF FIAT WALLET

1. Fiat Wallet has been provided to you to store your fiat holdings. Funds held herein can only be used to purchase Digital Assets and any sale proceeds of any Digital Assets will be credited into this Fiat Wallet, less the applicable Transaction Fee.
2. In case you wish to acquire Digital Assets using fiat currency you will be required to transfer Funds from your Linked Bank Account to your Fiat Wallet first. Your Fiat Wallet will reflect funds transferred to it within 2-3 working days of such transfer being initiated, subject to any delays in the relevant banking channels.
3. You may withdraw the Funds held in your Fiat Wallet, by making a formal request to transfer such Funds into the Linked Bank Account, through the Online Platforms at any time (“Withdrawal Request”); this may take 3 5 working days from the date of such request being made, subject to any delays in the relevant banking channels.

TERMS OF COIN WALLET

1. A Coin Wallet has been provided to you wherein your Digital Assets may be stored. You agree and understand that Coin Wallet Services are provided by third party custody service providers, with their own applicable cyber security and data protection norms. You must familiarize yourself with their terms and policies, which may apply to you. You agree to not hold the Company liable, for any loss caused to you, due to a fault/ malfunction in the services of such third-party custody service providers.
2. Funds held in this Wallet may be used to purchase another Digital Asset, and any sale proceeds obtained in the form of Digital Assets will be credited only into this Wallet.
3. You are permitted to withdraw Funds held in this account, provided such Funds can only be transferred to another digital asset wallet (“External Wallet”). You may be required to verify that you own and operate the External Wallet before your withdrawal request is accepted, and any transaction initiated by you in this regard, shall be deemed to be as per your instructions, discretion and valid consent.
4. You are not permitted to transfer, store or receive any digital assets not supported by our Online Platforms. The Company shall not be liable for any losses suffered by you in connection with such attempts to transfer digital assets.
5. You remain the owner of the Digital Assets held by you in the Coin Wallet at all times, whether the Digital Assets are deposited by you in the Coin Wallet, purchased by you through the Online Platforms, or otherwise. Further, Digital Assets held by you in the Coin Wallet are not recorded in our books of accounts as assets under our ownership. Without prejudice to the foregoing, to enable your use of the Online Platforms: (i) we act merely as the custodian of your Digital Assets, which are held by us in trust for you; (ii) as such custodian, we act on your instructions to execute trades and transfers of such Digital Assets on your behalf; (iii) the Digital Assets in your Coin Wallet may be pooled with other users’ Digital Assets and the said fact does not change the position that each user owns the Digital Assets in their respective Coin Wallet.

RISKS

1. The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk . Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency – virtual or not – may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
2. Virtual Asset and Digital Asset trading also has special risks not generally shared with official currencies, goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Virtual Assets and Digital Assets are a unique type of asset, backed by technology and trust. There is no central bank that can issue more cryptocurrency or take corrective measures to protect the value of Virtual Assets and Digital Assets in a crisis.
3. Instead, Virtual Assets and Digital Assets are an as-yet autonomous and largely unregulated global system of cryptocurrency firms and individuals. Traders put their trust in a digital, decentralised and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
4. The trading of Virtual Assets and Digital Assets is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence in Virtual Assets and Digital Assets might collapse because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
5. There may be additional risks that we have not foreseen or identified in our Terms of Use.
6. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Virtual Assets or Digital Assets.
7. We use our banking providers in order to facilitate the receipt of fiat currency from Members and payments to other Members. Our banking providers DO NOT transfer, exchange or provide any services in connection with Virtual Assets or Digital Assets. Your fiat currency will be held in a bank account in the name of Wealthmark together with other Members' fiat currency.
8. We engage with third-party custodians in order to hold Virtual Assets and Digital Assets on your behalf. Your Virtual Assets and Digital Assets will be held on your behalf in a wallet in the name of Wealthmark together with other Members’ Virtual Assets and/or Digital Assets. They may also from time to time be held in the wallet together with Wealthmark’s Virtual Assets and/or Digital Assets which reflect Wealthmark’s fees, but which are recorded on Wealthmark’s ledger as belonging to Wealthmark, and which you instruct Wealthmark to collect by withdrawing them from the wallet. We will maintain detailed records of all Virtual Assets and Digital Assets which Members hold with third-party custodians appointed by us.
9. As set out above, Wealthmark will act only on your Instructions in respect of Virtual Assets and Digital Assets, and does not otherwise acquire any right, title or interest in them. Whilst Wealthmark uses reasonable care in the appointment of third-party custodians, in the event of a third-party custodian becoming insolvent or entering into an insolvency process in a relevant jurisdiction, you may have only an unsecured claim against the third-party custodian, and Members' Virtual Assets or Digital Assets may be at risk subject to any protections provided at law in the relevant jurisdiction.

RISKS RELATED TO FRAUD AND SCAMS

1. At Wealthmark, we strive to provide our customers with the highest levels of Account and trading safety. As fraudsters and scammers do not avoid trading platforms, our approach is to raise awareness among our customers about common fraudulent practices and offer suggestions on how to avoid being defrauded. For more information about common fraudulent practices and tips for recognizing and avoiding scams, see our FAQ page and Blog post.
2. Before you engage in using our Services and by confirming these Terms of Use, you agree and acknowledge that:
3. Wealthmark will not be responsible for any loss or damage suffered by you, due to any illicit or fraudulent activity of third parties - you are solely responsible for your behavior and usage of your Account;
4. Wealthmark does not promote or operate giveaways - official promotions and referral programs are only communicated through Wealthmark-owned channels, e.g. the Site;
5. Wealthmark will never call you unexpectedly and without prior notice, regardless of cause or reason;
6. Wealthmark will never ask you to disclose any of your sensitive authentication credentials, regardless of cause or reason, and will never demand remote access to your device or advise you to change your security settings;
7. Your Account credentials should be solely used by you and you shall not disclose your login credentials to any third person or entity. You will ensure that the email and phone number which you used for registering a Wealthmark Account will be exclusively operated and kept in private by you;
8. You will set the 2-factor authentication solely on the devices which are possessed and controlled exclusively by you and you will not permit anybody to access or use the devices you use for the 2-factor authentication;
9. Any attempt of providing instructions to any person (Members or third party), or distribution of instructions, software or tools, related to onboarding process, operating of the Account and security measures, regardless of purpose, may result in the Accounts of both the defaulting and affected Members being terminated, at the sole discretion of Wealthmark.

USER REPRESENTATIONS, COVENANTS AND OBLIGATIONS

1. Your use of our Online Platforms and Services shall only be for legal purposes and your activity on our systems shall be in line with the applicable laws.
2. You shall comply with all the obligations set forth in these Terms. Pursuant to the economic sanctions programs administered or enforced by any country or government or international authority, including the US Department of the Treasury’s Office of Foreign Assets Control, the US Department of State, the United Nations Security Council, the European Union, Her Majesty's Treasury, the Hong Kong Monetary Authority or the Monetary Authority of Singapore, we are prohibited from providing services or entering into relationships with certain individuals and institutions. In the event that we are required to block funds or Digital Assets associated with your User Account or Linked Bank Account in accordance with a sanctions program, or other similar government sanctions programs, we may: (i) suspend your User Account; (ii) terminate your User Account; (iii) require you to withdraw funds or Digital Assets from your User Account or Linked Bank Account within a certain period of time. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with Applicable Laws, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.
3. Creation and maintenance of all Content in your Account shall be your sole responsibility.
4. You are responsible for safeguarding your Account Information to access the Services and for any activities or actions under your Account. We encourage you to use “strong” passwords preferably using a combination of upper- and lower-case letters, numbers and symbols with your Account. The Company will not be liable for any loss or damage arising from your failure to comply with this instruction.
5. You shall provide us with only such information (including without limitation identification documents submitted by you) that is true and accurate.
6. You shall not cancel any orders initiated even if not executed on the exchange. In case any order is partially executed, we may in our sole discretion permit cancellation of the unexecuted order part of that order. You acknowledge that all orders and/or transactions are irreversible once executed.
7. As owners of the Digital Assets held by you in the Coin Wallet, you understand that you are solely responsible for determining your tax liability in relation to trading of Digital Assets, payable by you under Applicable Laws.
8. As the price of Digital Assets are very volatile and subject to fluctuation, you acknowledge that the actual market rate at which an order and/or transaction is executed may vary.
9. Wealthmark may be required to suspend trading in cases of occurrence of any adverse event, the User acknowledges and agrees that as the Online Platforms and Services are being made available via the internet, they are susceptible to be influenced by any fluctuations in continued availability of Services.
10. We do not control the underlying technology which governs the mining, creation, sale of any Digital Assets. You acknowledge the Company does not exercise any control over the market price or circulation or volatility of the Digital Assets and that the contract for sale of any of the Digital Assets shall be a strictly bipartite contract between the seller and the buyer.

FEES & TAXES

1. Trading on the Online Platform is subject to payment of a fee on each transaction executed (“Transaction Fee”). The Transaction Fee chargeable on each trade shall be as provided in the Fee Schedule.
2. Deposit of Digital Assets in the Coin Wallet is currently free of charge. Deposit of fiat currency in the Fiat Wallet through any of the payment modes available; deposit and/or withdrawal of Digital Assets or fiat currency will be subject to fee or charges as stated in the Fee Schedule as available here.
3. At present, you can solely make deposits into the Fiat Wallet by legally authorized and regulated IMPS/NEFT/RTGS etc. based bank transfers. There are no charges on withdrawals of fiat currency deposited in the Fiat Wallet. You understand and acknowledge that we may offer additional payment transfer methods in the future, and it shall be made available to you via the Online Platforms, as and when operational.
4. You understand and acknowledge that we may offer additional payment transfer methods in the future, and it shall be made available to you via the Online Platforms, as and when operational.
5. For processing of payment orders with the Company, you will be subject to the terms and conditions of services of the remitter banks or payment service providers. You shall address any issues relating to funds transfer to your respective remitter banks or payment service providers only.
6. As owners of the Digital Assets held by you in the Coin Wallet, you are responsible to submit any/all taxes applicable to your Digital Assets in connection with the use of the Online Platforms and/or the Services to the appropriate tax authority under applicable laws. In the event we are required to make any tax deductions we will carry out the same as per applicable law.

INTELLECTUAL PROPERTY RIGHTS

1. Unless otherwise specified, all Content on the Online Platform is validly owned, or licensed to the Company and are protected under the applicable copyright, trademark, design, and other applicable laws. All logos, trademarks, service marks and logos of the Company and others used on the Online Platforms, displayed on the website, (“Trademarks”) are validly owned, or licensed to the Company and their respective owners. You may not copy, imitate or use them without our prior written consent.
2. The Online Platforms may at places include third party intellectual property including the software used for creating or distributing Digital Assets. The Company is operating these services, properties, by way of valid and effective contractual arrangements, which are binding on the Company, and by extension you, are bound by such restrictions. You are permitted to only use such limited license rights to use, access, download the Online Platforms and Services, for your personal and non-commercial use only. Any commercial use will require a license to be negotiated with the Company.

WEBSITE INFORMATION

1. The Content on the Online Platforms is provided for general information only and is not to be treated as investment advice. You may seek any professional advice from such persons who are skilled, licensed to render advice to you on the service offerings made available by us to you. We act only as a technology enabler.
2. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance, and any guidance you may have received from external sources.

DISCLAIMER AND LIMITATION OF LIABILITY

1. You expressly acknowledge and agree that use of the Services and the Online Platforms is at your sole risk. The Services and the Online Platforms are provided on an "as is" and "as available" basis. Although we make best efforts to provide high quality Services to all our users, to the fullest extent allowed by law, we expressly disclaim and waive all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability, title, fitness for a particular purpose and/or non-infringement. We make no warranty that the Services or the Online Platforms will meet your requirements or that the Services or your access to the Online Platforms will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to the permanent availability of any information and/or that may be stored or transferred through the Services or the Online Platforms.
2. To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through use of or access to this website, or our failure to provide this website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying this website or any part of it to you, or to paying for the resupply of this website or any part of it to you.
3. Subject to applicable law, we, our subsidiaries, affiliates, its shareholders, its directors, officers, employees, representatives, contractors, suppliers shall not be liable for any incidental, special, punitive, consequential or similar damages or liabilities whatsoever arising out of Services, any performance or non-performance of Services or any product provided by us, whether under contract, statute, strict liability or other theory even if we, our subsidiaries, affiliates are advised of the possibility of such damages.
4. Our aggregate liability (including our subsidiaries, affiliates, its shareholders, its directors, officers, employees, representatives, contractors, suppliers)to any user in no event shall exceed the fees paid by such user during the 6 (six) months immediately preceding the date of claim for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your usage of the Services offered on the Online Platforms.
5. Notwithstanding anything to the contrary, we shall not be obligated to make any payment or take any other action under these Terms if we believe in good faith that such action may constitute a violation, or contribute to any violation, of any applicable law and we shall not be liable to you for any claims, losses, or damages arising from our exercise of its right provided herein.

INDEMNIFICATION

1. To the maximum extent permitted by Applicable Law, you shall indemnify and hold harmless us, our affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out or relating to (a) your use of our Services, (b) your breach of these Terms, or (c) your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

RELEASE AND WAIVER

1. To the maximum extent permitted by Applicable Law, you hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the Online Platforms, its Services, Content or use of the Digital Assets. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other national, state or 8 common law principle of similar effect, to the fullest extent permitted by law.
2. If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

SUSPENSION, TERMINATION AND CANCELLATION

1. We reserve the right to suspend, block, cancel or reverse a transaction and/or refuse to continue access to the Online Platforms are (even if even after funds have been debited from your User Account) if we discover that you are in breach of the Terms and Applicable Law.
2. Once a User Account is closed / withdrawn / cancelled / deactivated, all remaining account balance (which includes charges and liabilities owed) will be payable immediately to us/our subsidiaries/or affiliates. Upon payment of all outstanding charges to Us (if any), You will be provided with a reasonable number of business days to withdraw all funds from the account. Provided, we may maintain full custody of the funds, Digital Assets, and user data/information in the event of suspension/closure of any account arising from fraud, cyber investigations, investigations of violation of applicable law or violation of these Terms.

GENERAL TERMS

1. Assignment: You shall not assign or transfer any right or obligation that has accrued to you under these Terms, and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign, novate, or transfer any or all rights and obligations that accrued in our favor under these Terms, at our sole discretion, to our subsidiaries, affiliated entities, or any other third party without any restriction.
2. Inactivity in User Account. In the event of your inactivity/ inaction on the User Account for a consideration period of time, applicable law may require us to report the Digital Assets 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 Digital Assets 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.
3. Amendments. We may revise these Terms, with or without notice, from time to time by amending this page. We urge you to review this page from time to time to take notice of any changes that are made, as they shall be binding on you. Your continued use of the Services would be deemed to be your acceptance to be bound by these Terms. If you do not agree with any part of these Terms or any amendments thereof, we insist that you stop using the Online Platforms and Services with immediate effect.
4. Governing Law. These Terms are governed by the laws of the Republic of Singapore.
5. Dispute Resolution. In the case of disputes, controversies or claims involving the Company, you and the Company agree to resolve any claims relating to this Agreement (including any question regarding their existence, validity, termination, or any services or products provided, and any representations made by us) through final and binding arbitration. You agree to first give us an opportunity to resolve any claims by contacting us on our website / mobile / desktop applications. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration in accordance with arbitration rules of the Singapore International Arbitration Centre (“SIAC”), which are deemed to be incorporated into these Terms by reference. The arbitration tribunal shall consist of a sole arbitrator to be appointed by the President of SIAC. The language of the arbitration hearings shall be English, and the seat of arbitration shall be Singapore.

CONTACT US

1. For general inquiries, complaints and/or giving any feedback, please email us at ___________
2. In case you do not want to continue using our Services and want to deactivate your Account with us, please contact us at __________
3. If you do not agree with any provision of these Terms and wish to opt out of such provision, please write to us at ___________ (“Opt-out Request”). You agree that you are not entitled to use the Online Platforms or the Services till any decision is made on the “Opt-out Request”.