You must read the following information carefully before proceeding. This website along with our mobile site, mobile application and application programming interfaces (“APIs”) (collectively “Site”) is owned and operated by Fasset Labuan Limited (Company No. LL17311), a company limited by shares incorporated under the Labuan Companies Act 1990 with its registered address at Jalan Merdeka, Unit Level 14 (B) & 14 (C), Main Office Tower, Financial Park Labuan, Labuan, 87000, Malaysia (“Fasset”, “we”, “us”, “our”). Unless repugnant to the context, any references herein to the Site include all the content, information, images, links, sounds, graphics, videos, products, services and functionalities (collectively “Material”) made available on the Site. Any references herein to “User”, "you" or "your" are to the person accessing or using the Site.
Terms & Conditions
Welcome to Fasset
Term of Use
If you conduct any transactions through the Site, each such transaction may be subject to additional terms and conditions which you will be directed to read and accept at the applicable time. To the extent there is any inconsistency between these Terms and the additional terms and conditions applicable to a specific transaction, the additional terms and conditions applicable to the specific transaction shall apply to that specific transaction and any matters connected with it or arising therefrom.
Your access to and use of the Site may be restricted based on your citizenship, residency, jurisdiction and/or geographical location. You represent and warrant that you will not access and/or use the Site if you are a citizen or resident of or located in a Restricted Territory (as defined below).
You hereby agree to always comply with all our instructions and requirements relating to your access and / or use of the Site and undertake not to perform any act that would interfere with or adversely affect the normal operation of the Site, including without limitation the ability of others to access and/or use the Site or any functionalities, products or services available on the Site without any hindrance or delay.
You are solely responsible for ensuring the security of the systems and devices that you use to access and/or use the Site, including through use of anti-virus, anti-malware and other security software.
You agree that you are solely responsible for understanding and complying with all laws, rules and regulations that apply to you on account of your citizenship, residency, location or jurisdiction in relation to your access and use of the Site and Materials.
You are required to register on the Site in order to access certain parts of the Site as well as to avail any services on the Site or to carry out any transactions using the Site. On successful registration, you will be able to generate a user name and password, or other appropriate log-in credentials for your account. You shall be solely responsible for keeping your log-in credentials confidential in order to prevent their misuse. You shall be solely responsible for any use / misuse of the Site and any transactions conducted thereon by anyone using your log-in credentials.
You may access and/or use the Site only if you fulfil the following requirements, and you represent and warrant to us that at the time of registration, and thereafter at every instance when you access or use the Site you continue to fulfil the same:
- in case of individuals, you are 18 years or older, with legal capacity of entering into a valid and binding contract with us, and under no legal, contractual or other restriction or incapacity from accessing and/or using the Site;
- in case of non-individuals, you are a registered and duly formed or incorporated corporation, legal person, entity or other organisation represented by its duly authorised representative having authority from such corporation, legal person, entity or other organisation to access and/or use the Site and form a binding agreement with us on its behalf;
- you have not been suspended, barred or restricted from accessing the Site in the past;
- you are not part of the United States Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List , and/or are not otherwise subject to any sanctions or restrictions which disallow you from using and/or accessing the Site or which may affect our ability to provide you with our products and services;
- you have the full power and authority to agree to the Terms, and to enter into any transactions or use any service offered on the Site;
- all information and documentation provided by you to us for the purposes of accessing and using the Site as well as for availing services and entering into transactions on the Site is true and accurate and it is not incomplete or misleading and that if such information or documentation becomes untrue, inaccurate, incomplete or misleading at any point in future, you will immediately inform us of the same as soon as you become aware that the same is no longer true, accurate, complete and not misleading, including the date on which the correctness or veracity of the same changed;
- you will enter into transactions by utilising only legally obtained digital assets and/or fiat currencies that belong to you without any encumbrances, and you will have full legal and beneficial rights and title to any such assets and/or fiat currencies at the time you transfer them to us or any third parties using the Site; and
- you are not a citizen or a resident of or located in, a state, country, territory, region, city, locality, county or other jurisdiction in which access and/or use of the Site or any functionalities, products or services on the Site would be restricted, illegal or otherwise contravene any applicable law (“Restricted Region”), and have not used technology or any other means including without limitation Tor, VPN or remote access software to misrepresent your geographical location to access the Site.
Additional User Information
You agree to provide us with additional information if so requested by us periodically, for the purposes of identity verification as well as for the detection and prevention of fraud, money laundering, terrorism financing, or any other financial crime.
We may require that you complete certain verification procedures before you can use the functionalities, products and services on the Site. Such additional information may include personal information, including without limitation, your name, address, phone number, e-mail id, date of birth and government identification documents.
Information relating to your access or use of the Site or which has been collected from you may be shared by us with our service providers, agents, business partners and affiliates in connection with our business. Such information may be used including without limitation for: (a) Compliance with the law: we may disclose your information if we believe that disclosure is required under law, to cooperate with regulators or law enforcement authorities or to protect our rights and interests; and (b) Statistical data: we may disclose your information to third parties for statistical purposes or for trade analysis.
Further, you authorise us to make such inquiries as we deem fit, directly or through third parties, in order to verify your identity or protect you, other users of the Site, the Site and/or Fasset against fraud, suspicious transactions or other financial crime, and to take such action as we consider being necessary based on the outcome of such inquiries.
You represent and warrant that all information provided by you to Fasset in relation to the use or access of the Site is non-confidential and non-proprietary and may be used by Fasset as such.
Intellectual Property Rights
All the intellectual property rights in and to the Site and the Materials are owned, licensed to or controlled by us, our licensors or service providers. We may update and change the Materials made available on the Site, including by completely removing any part of the Materials, at any time in our sole discretion without notice to you.
You shall not download, print or otherwise reproduce, distribute, republish, display, broadcast, hyperlink, mirror, frame, transfer or transmit any part of the Site or the Materials without our express prior written consent. To the extent that the Site contains functionality that allows you to access or download specific Materials through the Site, your use of that functionality and the downloaded Materials may be subject to separate terms and conditions which you will be asked to read and accept at the relevant time, in any event you agree and undertake that any such access or download shall be strictly for personal, non-commercial uses, and conditional on your not modifying the Materials and your retaining all the copyright and other proprietary notices contained in the Materials. Notwithstanding the generality of the foregoing, the intellectual property rights in and to any such Material shall always belong solely to us and our licensors or service providers.
The trademarks, service marks, trade names and logos used and displayed on the Site (collectively “Trademarks”) are registered and unregistered trademarks of Fasset and our licensors or service providers. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the express prior written approval of Fasset or any other applicable trademark owner. The name of Fasset or its affiliates and partners may not be used in any manner without our express prior written approval. Fasset expressly prohibits the use of the Trademarks or the name of Fasset as a metatag or as a “hot” link to the Site or any other site without the express prior written approval of Fasset for the establishment of such a link.
The Site may contain or link to information that has not been created, verified and/or tested by us or anyone on our behalf. Any such information or hyperlinks are provided for your information only and at your sole risk and responsibility. We shall not be responsible for such information or hyperlinks as well as consequences of your accessing or using the same, nor do we endorse the accuracy, completeness or safety of such information and hyperlinks.
Fasset does not guarantee the accuracy or completeness of the information or the hyperlinks on the Site or that the information or the provision of the hyperlinks on the Site does not infringe any third party rights. If the Site contains a hyperlink to another website, Fasset does not endorse, recommend, approve, guarantee or introduce any third parties or the services and/or products offered or advertised by such third parties. Fasset shall not be responsible for the hyperlinks, or for any of the content available on the Site or on any other website linked via the Site, or for any loss or damage that may arise from your access and/or use of any of them.
Access to hyperlinked websites of Fasset’s affiliates offering certain products or services may be limited to persons located or residing in the jurisdiction of such affiliates. The Materials available on such hyperlinked websites are not intended for persons located or residing in jurisdictions that restrict the access, use, publication or distribution of such Materials.
You may provide a hyperlink to the Site, on a website you operate subject always to our express prior written approval to the nature and extent of such use, and provided you do not suggest any form of association, approval or endorsement on our part and provided further that you undertake to promptly delete the hyperlink at our request any time following our initial approval of such use.
Except as set out above, you shall not link to the Site.
Use of the Site
The Materials made available on the Site are not intended as and shall not be construed as an offer, solicitation or recommendation to purchase, sell or transact in financial products, provide financial advice, create a trading platform, accept deposits or facilitate acceptance of deposits or provide any other financial services of any nature whatsoever in any jurisdiction.
The Materials contained on the Site are not intended to provide and should not be construed as financial, tax, accounting or any other kind of advice. You should not act on any Materials without first independently verifying their contents. It is pertinent to note that the Materials available on the Site do not take into account your objectives, financial situation or requirements. We recommend that you obtain appropriate professional advice where applicable and/or when necessary.
You agree and undertake that you will not and nor will you facilitate someone to:
- use any software, program, material or macros that contains a virus, malware or damaging component which may corrupt the Site’s data or interfere with the operation of the Site;
- transmit any materials or information through the Site which are or may be offensive, indecent, defamatory, infringing or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any virus, malware or damaging component which may detrimentally interfere with the functionality or operation of the Site; or
- use the Site other than in accordance with the Terms and the acceptable use policies of any connected computer networks and any applicable internet standards.
Limitation on Liability
The Site and the Materials are provided on an “as is” and “as available” basis. Although we endeavour to apply reasonable care and skill while operating the Site, we cannot guarantee that the Site will always be available, meet your requirements or be free of faults, errors or compromise from cyber security events. Fasset does not warrant the accuracy, timeliness, adequacy, completeness or commercial value of the Site or the Materials, and we expressly disclaim to the extent permitted by applicable law any liability for errors, delays or omissions in the Materials, or for any action taken in reliance on the Materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the Materials or the Site.
We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Site or the Materials, and we shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Site or the Materials.
Even if Fasset or its agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same, to the maximum extent permitted by law, we exclude:
- all terms, conditions, representations, warranties and statutory guarantees, whether express or implied, in relation to the Site. Nothing on the Site amounts to a guarantee, warranty or representation as to any future outcomes or results and should not be relied upon as such; and
- any and all risk and liability, whether in contract, tort (including negligence), or otherwise, for any direct, indirect, incidental, special, punitive or consequential loss, damage or expense incurred or any claims for loss of profits or loss of use suffered by you or any other user in connection with the Site.
Without prejudice to any other disclaimer, waiver, indemnity or exclusion of liability that you agree to in any agreement with us, you agree to:
- indemnify, to the extent permitted by the law of England and Wales, Fasset and any affiliate and partner against any claim, proceeding, action, loss, damage, liability or expense which you may suffer or incur directly or indirectly arising from your access or use of the Site; and
- release Fasset and any affiliate and partner against any claim, proceeding, action, loss, damage, liability or expense which you may suffer or incur directly or indirectly arising from your access or use of the Site.
To the extent that any implied condition, representation, warranty or statutory guarantee in relation to the provision of goods or services through the Site cannot be excluded by law, we limit our liability for a breach or otherwise to the lower of US$100 in the aggregate, or re-supply of the goods or services in question, or payment for the re-supply of the goods or services in question. The aforementioned is without limitation to any other limitation, exclusions or restrictions of our or others’ liability in connection with the Site.
Fasset shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in the Site’s operation, or for any inaccuracy, unreliability or unsuitability of the Site’s contents or functionality if the same is on account of, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control, which includes without limitation acts of God, natural disasters, acts of any government or authority, power failures, internet failures, black swan events, pandemics, war, and the acts of a party for whom Fasset is not responsible.
You represent and warrant that:
- your disclosure of any personal information to us relating to individuals other than yourself shall be made in accordance with all applicable data protection and data privacy laws, and that such information shall be accurate, up to date and relevant when disclosed;
Under certain circumstances, we may require additional information from you, and/or we may require additional verification or screening to be conducted before you are able to access certain services on the Site. You therefore authorise us and give us consent to (either directly or through a third party):
- screen and verify your information to prevent fraud, money laundering, terrorism financing and other suspicious transactions, including without limitation conducting screening against various sanctions and politically exposed persons lists, querying information contained in public sources and records, querying account information contained in any linked bank or other institutional accounts;
- provide the personal information provided by you or collected by us to banks or other institutions that may require such information in order to facilitate any requested product or service on the Site;
- take any action that we deem necessary in our sole discretion as a result of such verification and screening, including further requests or inquiries with third parties, and you authorise and consent to us sharing any information held by us with such third parties, as also authorise and consent to processing by such third parties of the personal information provided to us by you or collected by us, in order to respond to any such inquiry or request by us.
We reserve the right in our sole and absolute discretion to process, share and/or transfer to any of our affiliates and/or subsidiaries as also to permitted third parties all or part of your personal information and/or personal information relating to an individual other than yourself provided by you, without notice to you.
Compliance with Laws and Regulations
You are responsible for complying with all applicable laws and regulations relating to services you use through the Site, including without limitation the reporting of any transactions, and the calculation and payment of all applicable taxes in any relevant jurisdiction. If you have any doubts about the laws and regulations that apply to you, you should seek independent legal, accounting and/or tax advice. We may not be in a position to and we shall not be responsible to provide you with any additional reports, information or other material you may request for any legal, accounting, tax or other purposes, if the same is not something provided by us to our registered users in the normal course of business
Online Transmission of Information
Transmission of information over the internet and through the Site may be subject to interruption, transmission blackout, delayed transmission, or incorrect data transmission due to internet traffic or on account of the public nature of the internet or otherwise. Please exercise caution, and confirm any relevant details / communication by other means if you have any doubt about the accuracy of any communication.
We cannot guarantee and do not warrant the security of any information transmitted by you or to you through the Site and you solely accept the risk that any such information may be accessed by unauthorised third parties. Information sent over the internet cannot be guaranteed to be completely secure. We will not be responsible for any damages incurred by you as a result of any delay, loss, diversion, alteration or corruption of any communication either sent to or received from us over the internet.
Any communication with us or our officers, representatives or agents may be recorded and retained, subject to applicable law, relevant policies and the terms of any applicable written agreement.
If any part of the Terms are determined to be illegal, invalid or otherwise unenforceable, to the extent and within the jurisdiction in which such part of the Terms is illegal, invalid or unenforceable, it will be severed and deleted from thee Terms and the remaining terms will survive, remain in full force and continue to be binding and enforceable without affecting the validity of the remaining provisions. Further, to the extent possible, in such cases, we shall replace the invalid provisions with valid provisions that correspond in the meaning and purpose to the invalid provision, and you agree that such replacement provisions shall be binding on you once the same are published on the Site or communicated to you in any other manner.
In the case of a discrepancy between the English language version and any other language version(s) of the Terms or the Site, the English version shall prevail.
Terms and/or your access or use of the Site are governed by the laws of England and Wales.
Any dispute, controversy, difference or claim arising out of or relating to the Terms and/or your access or use of the Site, including the existence, validity, interpretation, performance, breach or termination, or any dispute regarding non-contractual obligations arising out of or relating to the Terms and/or your access or use of the Site, will be referred to and finally resolved by arbitration administered by the DIFC – LCIA Arbitration Centre under the Arbitration Rules of the DIFC – LCIA Arbitration Centre in force when the Notice of Arbitration is submitted. The seat of arbitration will be DIFC – LCIA Arbitration Centre in Dubai, and the language of arbitration shall be English.
Please contact us at [email protected] if you have any questions about the Site or the products and services available on the Site.