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Terms and Conditions

Virsymcoin User Terms & Conditions

 

This is a contract between you and:

 

Virsymcoin UK Limited ("Virsymcoin UK"), a private limited company incorporated in UK (company number 13598917) and whose registered office address is 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF.

 

References in this Terms & Conditions to "Virsymcoin", "we", "our" or "us", are to Virsymcoin UK, and references to "you" or "your" are to the person with whom Virsymcoin enters into this Terms & Conditions.

 

By signing up to use an account through Virsymcoin.com or pro.Virsymcoin.com, or any of our associated websites, application programming interfaces (“APIs”), or mobile applications (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Terms & Conditions, as well as our Privacy Policy and Cookie Policy.

 

We refer to the Digital Currency Services and Additional Services (all defined below) collectively as the "Virsymcoin Services", which can be accessed via the platform operated by Virsymcoin (the “Virsymcoin Platform”) (including the online platform which is accessible via the Site or at such location as may be prescribed by Virsymcoin 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, holding, or investing in digital currencies. Digital Currency Services and Additional Services are not currently regulated by the Central Bank of UK, or any other regulator in UK. In accordance with the Central Bank of UK’s circular No. 14 of 2015, Digital Currencies are not legal tender in UK and as such no protection exists for you in the event that Virsymcoin faces financial difficulties. You should carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition.*

 

  1. ELIGIBILITY.

 

To be eligible to use any of the Virsymcoin Services, you must be at least 18 years old and reside in a country in which the relevant Virsymcoin Services are accessible. Please note that not all Virsymcoin Services are available in every country. The list of Virsymcoin Services accessible by country can be found at https://www.Virsymcoin.com/global.

  1. SERVICES.

 

2.1 Digital Currency Services.

 

The following services (the "Digital Currency Services") may be provided to you by Virsymcoin UK:

 

(A) one or more 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 purchases and sales of Digital Currencies, and (subject to certain restrictions) carry out any such purchases or sales on the Site (the “Digital Currency Exchange Service”).

 

Digital Currency Services are not regulated. Virsymcoin UK is not a regulated financial services provider. Virsymcoin UK is based in, and provides its services from, UK.

 

    IMPORTANT NOTE: Virsymcoin UK is not a regulated financial service provider and is not registered with or regulated or authorised by the Central Bank of UK, the Capital Markets Authority or any other regulatory body in UK for financial services and so you will not be able to avail of regulatory protections associated with such regulated entities such as investor or deposit protection schemes.

 

2.2 Additional Virsymcoin Services.

 

In addition to the core services (i.e. the Digital Currency Services), the following services ("Additional Services") may be made available by Virsymcoin UK (or another member of the Virsymcoin Group, as defined at Section 2.4 below) to users that fulfil certain eligibility criteria:

 

(A) an order book exchange platform for Digital Currencies (as further described in Appendix 4)(“Virsymcoin Pro”);

 

(B) development applications provided by Virsymcoin (as further described in Appendix 5) (“Developer’s Tools”);

 

(C) staking services (as further described in Appendix 6) (“Staking Services”);

 

(D) a dapp wallet and related services (as further described in Appendix 8); and

 

(E) USDC Rewards (as further described in Appendix 9).

 

2.3 Fees. You agree to be responsible for the payment of and pay all fees. A full list of fees for Virsymcoin Services, as amended from time to time, can be found on the Site at the ‘Pricing and Fees Disclosures’ and ‘Trading Fees’ pages, which shall form part of this Terms & Conditions.

 

2.4 Virsymcoin Group. In this Terms & Conditions, “Virsymcoin Group” means Virsymcoin UK and its corporate affiliates, including Virsymcoin, Inc., a Delaware corporation, which provide Digital Currency storage and wallet services.

 

2.5 Payment Services Partners. Virsymcoin may use a third party payment processor or collection agent to process any payment, denominated in the currency issued by the relevant central bank(s) in the relevant country(ies),  between you and Virsymcoin, including but not limited to payments in relation to your use of the Digital Currency Transactions or deposits or withdrawals from your Virsymcoin Account. If you are located in Brazil, then we may facilitate your access to the Pix payment method to add and withdraw cash to/from a digital wallet denominated in Brazilian real (collectively, “Brazil Fiat Services”).  Brazil Fiat Services are solely and exclusively provided by EBANX Serviços Digitais Ltda. and its affiliated companies (collectively, “EBANX”) and are governed by separate terms and conditions between you and EBANX (the “EBANX Terms and Conditions”). You will be required to accept the EBANX Terms and Conditions to access Brazil Fiat Services, and your continued use of Brazil Fiat Services constitutes your acceptance of the EBANX Terms and Conditions, as amended from time to time.

  1. ACCOUNT SETUP.

 

3.1 Registration of Virsymcoin Account. To use the Virsymcoin Services, you will need to register for a Virsymcoin account (a "Virsymcoin Account") by providing your details, including your name, email address and a password and accepting the terms of this Terms & Conditions. By using a Virsymcoin Account, you agree and represent that you will use the Virsymcoin Services only for yourself, and not on behalf of any third party. Each customer may register only one Virsymcoin account. You are fully responsible for all activity that occurs under your Virsymcoin Account. We may, in our sole discretion, refuse to open a Virsymcoin Account for you, or suspend or terminate any Virsymcoin Accounts (including but not limited to duplicate accounts) or suspend or terminate the trading of specific Digital Currency in your account.

 

3.2 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, including as set out in Appendix 2 (Verification Procedures and Limits) and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to start using the Virsymcoin Services and to access specific Virsymcoin Services, including certain transfers of Digital Currency, and the limits that apply to your use of the Virsymcoin 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, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (e.g. international mobile subscriber identity and international mobile equipment identity) and other subscriber status details, and any such information that Virsymcoin is required to collect from time to time under applicable law.

 

You may also be required to undergo “Enhanced Due Diligence” (see Section 5.2 below), where Virsymcoin may request that you submit additional information about yourself or your business, provide relevant records, and arrange for meetings with Virsymcoin staff so that Virsymcoin 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 Virsymcoin 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 Virsymcoin’s evaluation of you for the purposes of your registration for a Virsymcoin Account or the provision of Virsymcoin Services to you. You undertake to promptly notify in writing and provide Virsymcoin 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 Virsymcoin and/or applicable law. You permit us to keep records of such information. We will treat this information in accordance with Section 10 (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 Virsymcoin Services and/or before permitting you to engage in transactions beyond certain volume limits.

  1. DIGITAL CURRENCY SERVICES.

 

4.1 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 Virsymcoin Platform, by giving instructions through the Site (each such transaction is a "Digital Currency Transaction").

 

The Digital Currency Exchange Service enables you to buy Digital Currency on the Virsymcoin Platform using:

 

(A) Central bank issued currency (such as GBP or EUR) supported by Virsymcoin; and/or

 

(B) Other types of Digital Currency in your Digital Currency Wallet.

 

Conversely, when you sell Digital Currency on the Virsymcoin Platform, you may elect to receive:

 

(C) Central bank issued currency (such as GBP or EUR) supported by Virsymcoin; and/or

 

(D) Other types of Digital Currency in your Digital Currency Wallet.

 

Virsymcoin facilitates and enables the purchase and sale of Digital Currency between its customers on the Virsymcoin Platform.

 

4.2 Fiat Currency Transactions. You may purchase supported Digital Currency by linking a valid payment method to your Digital Currency Wallet. You authorise us to debit funds using your selected payment method(s) to complete your purchase.

 

Although we will attempt to deliver Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before the status of your Digital Currency Transaction is shown as complete, and the Digital Currency is delivered to your Digital Currency Wallet. You may sell Digital Currency in exchange for fiat currency (such as GBP or EUR) supported by Virsymcoin. In such circumstances, you authorise us to debit your Digital Currency Wallet and to send instructions to credit your selected payment method(s) in settlement of sell transactions. We will send these instructions as soon as reasonably possible. Any fiat currency should be credited to your selected payment method(s) by the end of the business day after we send such instructions.

 

4.3 Transaction Fulfilment. We will make reasonable efforts to fulfil all purchases 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 purchase at the current Exchange Rate (as defined below).

 

4.4 Availability of Payment Methods. The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third party payment processors.

 

4.5 Conversion Fees. Each purchase or sale of Digital Currency is subject to a fee (a "Conversion Fee"). The applicable Conversion Fee will be displayed to you on the Site prior to each transaction and is stated in each receipt we issue to you. We may adjust our Conversion Fees at any time. We will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of your transaction. A full list of Virsymcoin UK's fees can be found on our Pricing and Fees Disclosures page.

 

4.6 Exchange Rates. Each purchase or sale of Digital Currency is also subject to the Exchange Rate for the given transaction. The "Exchange Rate" means the price of a given supported Digital Currency in fiat currency as quoted on the Site. The Exchange Rate is stated either as a "Buy Price" or as a "Sell Price", which is the price at which you may buy or sell Digital Currency, respectively.

 

You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a transaction. You can learn more about Virsymcoin UK’s Exchange Rates on our ‘Pricing and Fees Disclosures’ page on the Site. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Digital Currency on the open market at any particular price or time.

 

4.7 Authorisations; Reversals; Cancellations. By clicking the ‘Buy’ or ‘Sell’ button on the Site, you are authorising Virsymcoin to initiate the transaction at the quoted Buy Price or Sell 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, either to cancel the transaction or to debit your other payment methods, including balances on your Digital Currency Wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. Virsymcoin reserves the right to suspend access to Virsymcoin Services (including Virsymcoin Consumer, Virsymcoin Pro) until such insufficient payment is addressed.

 

4.8 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. If you initiate a Digital Currency Transaction by entering the recipient's email address or mobile phone number and the recipient does not have an existing Virsymcoin Account, we will invite the recipient to open a Virsymcoin Account. If the recipient does not open a Virsymcoin Account within 30 days, we will return the relevant Digital Currency to your Digital Currency Wallet.

 

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. A full list of Virsymcoin UK's miner fees can be found on our ‘Pricing and Fees Disclosures’ page on the Site. Miner fees for each individual transaction will be disclosed to you at the time of purchase on the checkout page. When you or a third party sends Digital Currency to a Virsymcoin Digital Currency Wallet from an external wallet not hosted on Virsymcoin, the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of miner fees in order for the transaction to be completed successfully. Non-payment of miner fees may cause your transaction to remain in a pending state outside of Virsymcoin UK’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.

 

Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A Digital Currency Transaction is not complete while it is in a pending state. Digital Currency associated with Digital Currency Transactions that are in a pending state will be designated accordingly and will not be included in your Digital Currency Wallet balance or be available to conduct Digital Currency Transactions until confirmed by the network.

 

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 Virsymcoin is subject in any jurisdiction, for instance, if there is suspicion of money laundering, terrorist financing, fraud, or any other financial crime.

 

4.9 Supported Digital Currencies. Our Digital Currency Services are available only in connection with those digital currencies that Virsymcoin supports (“Supported Digital Currencies”), and this may change from time to time.

 

Under no circumstances should you attempt to use your Digital Currency Wallet 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 Digital Currency Wallet for digital currencies that we do not support. You acknowledge and agree that Virsymcoin bears no responsibility and is not liable for any unsupported asset that is sent to a wallet associated with your Virsymcoin Account. If you send an unsupported asset to a wallet associated with your Virsymcoin Account, then you will lose that asset. For some lost assets, Virsymcoin may in its sole discretion offer you the option to attempt a recovery. We may charge fees to process the recovery attempt on your behalf. We will calculate all fees at our discretion, and notify you of the applicable fees at or before the time you authorize the recovery attempt. For more information, see our Pricing and Fees Disclosures page. The actual amount recovered may differ from the estimated recovery amount. Virsymcoin does not evaluate the authenticity, safety, or security of unsupported assets. You acknowledge and agree that Virsymcoin is not liable for any loss incurred during the recovery attempt or subsequent use of the recovered asset.

 

If you have any questions about which Digital Currencies we currently support, please visit https://help.Virsymcoin.com.

 

4.10 Ending support of a Digital Currency. Virsymcoin may in its sole discretion terminate support for any Digital Currency. Virsymcoin 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 Virsymcoin account to announce the end of such support. If you do not sell or send such Digital Currency off platform during this time, Virsymcoin reserves the right to withdraw such Digital Currencies from your account and credit your Virsymcoin account with the market value of a supported Digital Currency or a fiat currency (which denomination will be selected in our reasonable discretion).

 

4.11 USDC Wallets. Where available, you may also elect to buy USD Coin through Virsymcoin, a Digital Currency fully collateralized by the US Dollar, which is issued by Circle Internet Financial (“Circle”) and supported by Virsymcoin (“USDC”). You are the owner of the balance of your “USDC Wallet” (i.e. the Digital Currency Wallet provided to you by Virsymcoin UK to hold USDC and through which Digital Currency Transactions in USDC can be carried out). Virsymcoin is not the issuer of USDC, does not hold U.S. Dollars (“USD”) on reserve for USDC holders, and has no obligation to repurchase your USDC for USD. You can redeem your USDC with Circle, and Virsymcoin may also elect to repurchase your USDC in exchange for USD. You agree to be bound by the terms of the Circle USDC Terms & Conditions (located at https://support.usdc.circle.com/hc/en-us/articles/360001233386-Circle-USDC-User-Terms & Conditions), which provides additional obligations, undertakings, and limitations with respect to USDC.

 

4.12 Recurring Digital Currency Transactions. If you set up a recurring purchase of Digital Currency (a "Future Transaction"), you authorise us to initiate recurring electronic payments in accordance with your selected Digital Currency Transaction and any corresponding payment accounts, such as direct debits from, or credits to, your linked bank account. Your Future Transactions will occur in identical, periodic instalments, based on your period selection (e.g., daily, weekly, monthly), until either you or Virsymcoin cancels the Future Transaction.

 

If you select a bank account as your payment method for a Future Transaction, and such transaction falls on a weekend or public holiday in the location in which the relevant bank is located, or after the relevant bank’s business hours, the credit or debit will be executed on the next business day, although the Digital Currency fees at the time of the regularly-scheduled transaction will apply. If your bank is unable to process any payment to Virsymcoin, we will notify you of cancellation of the transaction and may avail ourselves of remedies set forth in this Terms & Conditions to recover any amount owed to Virsymcoin. This authorisation will remain in full force and effect until you change your Future Transaction settings or until you provide us with written notice via https://help.Virsymcoin.com. You agree to notify Virsymcoin in writing of any changes in your linked bank account information prior to a Future Transaction.

 

Virsymcoin may, at any time, terminate Future Transactions by providing notice to you.

 

4.13 Supplemental Protocols Excluded. Unless specifically announced on the Site or via an official public statement of Virsymcoin, or otherwise as set forth in this Terms & Conditions, 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 Virsymcoin 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 Virsymcoin 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 other than as set forth in this Terms & Conditions, Supplemental Protocols are excluded from Supported Digital Currency and that Virsymcoin has no liability for any losses related to Supplemental Protocols.

 

4.14 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.

 

We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee the functionality or security of network operations. You acknowledge and accept the risk that underlying software protocols relating to any Digital Currency you store in your Digital Currency Wallet may change.

 

In particular, the underlying protocols are likely to be subject to sudden changes in operating rules (including “forks”). Any such material operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Currency you store in your Digital Currency Wallet. Virsymcoin does not control the timing and features of these material operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by Virsymcoin in determining whether to continue to transact in the affected Digital Currency using your Virsymcoin Account. In the event of any such operational change, Virsymcoin reserves the right to takes such steps as may be necessary to protect the security and safety of assets held on the Virsymcoin Platform, including temporarily suspending operations for the involved digital currency(ies), and other necessary steps; Virsymcoin will use its best efforts to provide you notice of its response to any material operating change; however, such changes are outside of Virsymcoin’s control and may occur without notice to Virsymcoin. Virsymcoin’s response to any material operating change is subject to its sole discretion and includes deciding not to support any new digital currency, fork, or other actions.

 

You acknowledge and accept the risks of operating changes to Digital Currency protocols and agree that Virsymcoin is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that Virsymcoin has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported currencies or protocols.

 

4.15 Fungibility of Certain Digital Currencies.  You acknowledge and agree that Virsymcoin may hold Supported Digital Currencies in your Digital Currency Wallets in a variety of different ways, including across multiple blockchain protocols, such as layer two networks, alternative layer one networks, or side chains. In connection with its holding of Supported Digital Currencies in your Digital Currency Wallets, Virsymcoin may transfer such Digital Currencies off of the primary blockchain protocol and hold such Digital Currencies on shared blockchain addresses, controlled by Virsymcoin, on alternative blockchain protocols in forms compatible with such protocols.  You agree that all forms of the same Digital Currencies that are held and made available across multiple blockchain protocols may be treated as fungible and the equivalent of each other, without regard to (a) whether any form of such Digital Currencies is wrapped or (b) the blockchain protocol on which any form of such Digital Currencies is stored.

 

4.16 Digital Currency Storage & Transmission Delays. The Virsymcoin 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.

 

4.17 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 third party, you should resolve the dispute directly with that third party.

 

If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Virsymcoin Support at: trust@Virsymcoin.com so that we may consider what action to take, if any.

 

4.18 Virsymcoin Vaults. Virsymcoin does not support the use of multisig vaults. You may elect to use other services, such as the Virsymcoin Vault, which allow you to set withdrawal time-delays and create other conditions around the custody and transfer of your Digital Currency. Additional rules associated with such product(s) and service(s) may apply. For more information on Virsymcoin Vaults, please visit: https://help.Virsymcoin.com/customer/en/portal/articles/2877996-vaults-faq?b_id=13521.

 

4.19 Digital Currency Title. All Digital Currencies held in your Digital Currency Wallet are assets held by the Virsymcoin 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 in the Virsymcoin Group. As the owner of Digital Currency in your Digital Currency Wallet, you shall bear all risk of loss of such Digital Currency. No company within the Virsymcoin Group shall have any liability for fluctuations in the fiat currency value of Digital Currency held in your Digital Currency Wallet.

 

(B) None of the Digital Currencies in your Digital Currency Wallet are the property of, or shall or may be loaned to, Virsymcoin; Virsymcoin does not represent or treat assets in a user’s Digital Currency Wallets as belonging to Virsymcoin. Virsymcoin may not grant a security interest in the Digital Currency held in your Digital Currency Wallet. Except as required by a facially valid court order, or except as provided herein, Virsymcoin will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Currency in your Digital Currency Wallet unless instructed by you or compelled by a court of competent jurisdiction to do so.

 

(C) You control the Digital Currencies held in your Digital Currency Wallet. At any time, subject to outages, downtime, protocol requirements, time to conduct blockchain operations to fulfill your request, and other applicable policies, you may withdraw your Digital Currency by sending it to a different blockchain address controlled by you or a third party.

 

(D) In order to more securely hold customer Digital Currency, the Virsymcoin Group may use shared blockchain addresses, controlled by a member of the Virsymcoin Group, to hold Digital Currencies held on behalf of customers and/or held on behalf of Virsymcoin UK. Customers’ Digital Currency is segregated from the Virsymcoin Group’s (including Virsymcoin UK’s) own Digital Currency or funds by way of separate ledger accounting entries for customer and Virsymcoin Group accounts. Notwithstanding the foregoing, the Virsymcoin 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 Virsymcoin Group.

 

Virsymcoin 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.

 

4.20 Advanced Trading. Virsymcoin offers, and eligible users may access, an order book for various Digital Currency and Fiat Currency trading pairs (each an “Order Book”) on https://www.Virsymcoin.com/ (“Advanced Trading”). See your Virsymcoin Account to see what Order Books are available within Advanced Trading.  Virsymcoin does not offer Advanced Trading to customers in all jurisdictions. By accessing Advanced Trading or the Virsymcoin API for Advanced Trading, you accept and agree to be bound by the Trading Rules.

 

(A) Trading Fees. By placing an order on Advanced Trading, you agree to pay all applicable fees and authorise Virsymcoin to automatically deduct fees directly from your account. Trading Fees are set forth in the Trading Rules.

 

(B) Withdrawal Fees. Virsymcoin may charge a fee on certain Fiat Currency deposit or withdrawal methods (e.g. bank wire). DEPOSITS AND WITHDRAWALS MAY BE SUBJECT TO LIMITS.

 

(C) Trading Account Use. You may not sell, lease, furnish, or otherwise permit or provide access to your Trading Account to any other entity or to any individual that is not your employee or agent. You accept full responsibility for your employees' or agents' use of Advanced Trading, whether such use is directly through Virsymcoin or by other means, such as those facilitated through API keys, and/or applications which you may authorise. You understand and agree that you are responsible for any and all orders, trades, and other instructions entered into Advanced Trading including identifiers, permissions, passwords, and security codes associated with your Account.

 

(D) Suspension and Cancellation. In the event that your Account is suspended or terminated, we will immediately cancel all open orders associated with your Account, block all withdrawals and bar the placing of further orders until resolution or Account cancellation.

  1. TRANSACTIONS LIMITS AND ENHANCED DUE DILIGENCE

 

5.1 Transactions Limits. The use of all Virsymcoin Services is subject to a limit on the volume, stated in GBP, EUR or other fiat currency or Digital Currency, you may transact or transfer in a given period (e.g. daily). Please see Appendix 2 (Verification Procedures and Limits) for further details. To view your limits, login to your Virsymcoin Account and visit https://www.Virsymcoin.com/verifications. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at https://help.Virsymcoin.com.

 

5.2 Enhanced Due Diligence. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Virsymcoin staff if you wish to raise your limits ("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. In our discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.

  1. SUSPENSION, TERMINATION, AND CANCELLATION.

 

6.1 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 Virsymcoin Account), (b) suspend, restrict, or terminate your access to any or all of the Virsymcoin Services, and/or (c) deactivate or cancel your Virsymcoin 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 Terms & Conditions;

 

(D) we reasonably suspect you to have breached our ‘Behaviour Policy’ or our ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in Appendix 1);

 

(E) we have concerns that a transaction is erroneous or about the security of your Virsymcoin Account or we suspect that the Virsymcoin Services are being used in a fraudulent or unauthorised manner;

 

(F) we suspect money laundering, terrorist financing, fraud, or any other financial crime;

 

(G) use of your Virsymcoin 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 Virsymcoin Account activity; and / or

 

(H) you take any action that may circumvent our controls such as opening multiple Virsymcoin 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 or if your credit or debit card or any other valid payment method linked to your Virsymcoin Account or Digital Currency Wallet is declined.

 

6.2 If we refuse to complete a transaction and / or suspend, restrict or close your Virsymcoin Account, and / or terminate your use of Virsymcoin 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 Virsymcoin Account. In the event that we refuse to complete a transaction and / or suspend your Virsymcoin 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 Virsymcoin Services and/or deactivate or cancel your Virsymcoin Account, 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 Virsymcoin Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that Virsymcoin is under no obligation to disclose the details of its risk management and security procedures to you.

 

6.3 Consequences of Termination or Suspension. On termination of this Terms & Conditions for any reason, unless prohibited by applicable law or by any court or other order to which Virsymcoin is subject in any jurisdiction, you are permitted to access your Virsymcoin Account for ninety (90) days thereafter for the purposes of transferring Digital Currency out of your Digital Currency Wallet(s) and/or out of the Virsymcoin Platform.

 

You are not permitted to use the Virsymcoin Services or your Virsymcoin Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the Virsymcoin Platform or access to the Site for you accordingly.

 

If we suspend or close your Virsymcoin Account or terminate your use of Virsymcoin Services for any reason, we reserve the right to require you to re-complete the procedures outlined at Section 3.2 (Identity Verification) before permitting you to transfer or withdraw Digital Currency. You may cancel your Virsymcoin Account at any time by withdrawing all balances in your Digital Currency Wallet(s) and visiting: https://www.Virsymcoin.com/settings/cancel. You will not be charged for cancelling your Virsymcoin 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.

  1. LIABILITY

 

7.1 Release of Virsymcoin. If you have a dispute with one or more users of the Virsymcoin Services (other than Virsymcoin), 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.

 

7.2 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 Terms & Conditions (including without limitation your breach of our ‘Behaviour Policy’ or our ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in Appendix 1)) or your violation of any law, rule or regulation, or the rights of any third party.

 

7.3 Limitations of Liability. Virsymcoin’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 Virsymcoin of this Terms & Conditions shall be limited to a maximum aggregate value of the combined value of the Digital Currency in your Digital Currency Wallet at the time of the relevant breach by Virsymcoin. 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.

 

7.4 Limitation of loss. In addition to the liability cap at Section 7.3 (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 Terms & Conditions 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 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 buy or sell the Digital Currency;

 

(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 Terms & Conditions (whether or not you are able to prove such loss or damage).

 

7.5 Applicable law. The limitation of liability in this Section 7 (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 Virsymcoin Services. Nothing in this Terms & Conditions 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.

 

7.6 No Warranties. The Virsymcoin Services, the Virsymcoin 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 Virsymcoin 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 Virsymcoin 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 Virsymcoin 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 Virsymcoin and no liability whatsoever is accepted by Virsymcoin 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 Virsymcoin Services, Virsymcoin Platform and Site are not intended to provide specific investment, tax or 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 investments or products. 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, bank accounts, credit and debit cards are processed in a timely manner but Virsymcoin makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and cheque issuances are processed in a timely manner, but we make 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 Terms & Conditions, 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 Virsymcoin Services and Site.

 

7.7 No Liability for Breach. We are not liable for any breach of the Terms & Conditions, 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.

  1. SITE AVAILABILITY AND ACCURACY

 

8.1 Access & Availability. Access to Virsymcoin Services may become degraded or unavailable during times of significant volatility or volume. This could result in limitations on access to your Virsymcoin Account or the Virsymcoin 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 Virsymcoin 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 Virsymcoin 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 Virsymcoin be liable for any alleged damages arising from service interruptions, delays in processing transactions, or lack of timely response from Virsymcoin customer support.

 

8.2 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.

  1. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION

 

9.1 Contact Virsymcoin. If you have any feedback, questions, or complaints, contact us via our ‘Customer Support’ webpage at https://help.Virsymcoin.com.

 

When you contact us please provide us with your name, email address, and any other information that we may need to identify you, your Virsymcoin Account, and the transaction on which you have feedback, questions, or complaints.

 

9.2 Complaints. If you have a dispute with Virsymcoin, 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 9.2. You agree to use this process before commencing any action as set out in Section 9.4. If you do not follow the procedures set out in this Section 9.2 before pursuing action under Section 9.4, 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 Virsymcoin 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 complai