Terms of Use
Last Updated: September 2024
BURJX MENA LTD USER AGREEMENT
This is the User Agreement between you and BurjX MENA Ltd, an Abu Dhabi company with its registered address at Sky Tower, Shams Abu Dhabi, Al Reem Island, Abu Dhabi, United Arab Emirates, hereinafter referred to as "BurjX," "Company," "we," "our," or "us." Please read this BurjX User Agreement (these “Terms”) and our Privacy Policy (the “Privacy Policy”) carefully because they govern your use of the website located at https://burjx.com and other domain names linking to the website (the “Site”) and cryptocurrency services accessible via the Site and any corresponding mobile applications (the “Apps”) offered by BurjX. To make these Terms easier to read, the Site, our service and the Apps are collectively called the “Platform”.
PLEASE READ THESE TERMS CAREFULLY. BY USING ANY PORTION OF THE PLATFORM, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY, AS UPDATED FROM TIME TO TIME (WITHOUT PROVIDING ADVANCE NOTICE TO YOU), INCLUDING IN ORDER TO COMPLY WITH THE LAWS AND REGULATIONS OF ANY APPLICABLE GOVERNMENTAL OR REGULATORY AUTHORITY.
The value of cryptocurrencies of all types, including “stable coins”, can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in cryptocurrencies. You should carefully consider whether trading and/or holding cryptocurrencies is suitable for you considering your financial condition.
1. Agreement to Terms and Privacy Policy
By using our Platform, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Platform. If you are processing and using the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In that case, “you” and “your” will refer to, and include, such entity. Please review our Privacy Policy, which also governs your use of the Platform, for information on how we collect, use and share your information.
2. Changes to these Terms or the Platform
We may amend or update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the Apps and/or we may also send other forms of communications to you. It is important that you review the Terms whenever we update them or when you use the Platform. If you continue to use the Platform after we have posted updated Terms, it means that you accept and agree to such updates. If you don’t agree to be bound by such updates, you may not use the Platform anymore. Because our Platform is evolving over time, we may change and/or discontinue all or any part of the Platform, at any time and without prior advance notice, at our sole discretion.
3. Who May Use the Platform?
You may use the Platform only if you are 18 years or older (or other official age of majority in your jurisdiction) and capable of forming a legally binding contract with BurjX and not otherwise barred from using the Platform under applicable law. You represent and warrant that: (i) your Account will only be used by you; (ii) your use of the Platform will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering and counter-terrorist financing, (iii) you have not previously been suspended or removed from using our Platform; and (iv) you have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party.
4. Account Access
You must register for a BurjX account using the Company’s Platform (a “BurjX Account”). By using a BurjX Account, you agree and represent that you will use the Platform only for yourself, and not on behalf of any third party, unless you have obtained prior written approval from BurjX. You are fully and solely responsible for all activity that occurs under your BurjX Account. We may, in our sole discretion, refuse to open a BurjX Account, and/or limit the number of accounts that you may hold, or otherwise suspend or terminate any BurjX Account or the trading of cryptocurrencies in your account.
During registration for your BurjX Account or thereafter upon our request, you agree to provide us with all the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Platform. Your access to one or more Platforms and the limits that apply to your use of the Platform, may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, email, address, date of birth, government identification, and information regarding your bank account (such as the name of the bank, account type, routing number, and account number), your source of funds and financial information, and in some cases (where permitted by law) special categories of personal data, such as your biometric information. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes in any way.
You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, 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 inquires in full. This is an identity check only and should have no adverse effect on your credit rating.
To access the Platform, you must have the necessary equipment (such as a smartphone or laptop) and the associated telecommunication service subscriptions to the Internet. Access to the Platform may become degraded or unavailable during times of significant volatility or volume. This could result in the ability to buy or sell for periods of time and may also lead to support response time delays, which risks are not attributable to the Company.
5. Account Platform
As part of your BurjX Account, BurjX provides qualifying users access to accounts for you to store, track, transfer, and manage your balances of cryptocurrencies and/or cash or other supported currencies. All cryptocurrencies or cash (or other supported currencies) that are held in your account are held by BurjX for your benefit. You can load funds into your account from a valid bank account via ACH transfer or wire transfer, or other accepted payment methods such as credit or debit cards. Your balance is in a pending state and will not be credited to your BurjX Account until after the bank transfer has cleared, usually within five (5) business days. We may debit your linked bank account as soon as you initiate payment. Other payment methods may take a longer period to clear, and withdrawals may be limited for a period after a receipt of payments. BurjX may impose withdrawal limits on your BurjX Account from time to time in its sole discretion. Title to cryptocurrencies represented in your BurjX Account shall at all times remain with you and shall not transfer to BurjX. Your balances in your BurjX Account are not segregated and cryptocurrencies or cash are held in shared addresses or accounts, as applicable. A valid purchase of cryptocurrencies that is accepted by BurjX generally will initiate on the business day we receive your instructions. Purchased cryptocurrencies or transferred payments will be credited to your BurjX Account as soon as funds have settled to BurjX, which in the case of a bank account or credit or debit card may take up to five (5) business days. If BurjX cannot complete your transaction for any reason (such as price movement, or an order exceeding the maximum order size), BurjX will reject the order and notify you of such rejection. You will not be charged for a rejected transaction. When you give us instructions to purchase (buy) a cryptocurrency, you cannot withdraw your consent to that purchase unless the purchase is not scheduled to occur until a future date, provided that you may withdraw your consent up until the end of the business day immediately prior to the date that the purchase is scheduled to take place. BurjX does not represent or treat assets in your BurjX Account as belonging to BurjX.
The use of the Platform is subject to a limit on the amount of volume you may transact or transfer in a given period (e.g., daily). Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. BurjX reserves the right to change applicable limits as we deem necessary in our sole discretion. To increase transaction limits or upon our request in our sole discretion, we may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with BurjX staff (such process referred to as "Enhanced Due Diligence"). BurjX reserves the right to charge you costs and fees associated with any Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits and/or we may lower your limits at a subsequent time even if you have completed any Enhanced Due Diligence.
6. Supported Cryptocurrencies
You may only use the Platform in connection with those particular cryptocurrencies shown available for sale and purchase on BurjX Platform and supported assets may vary by jurisdiction. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate a cryptocurrency transfer in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such cryptocurrency in your BurjX Account. Under no circumstances should you attempt to use your BurjX Account to store, send, request, or receive cryptocurrency we do not support. BurjX assumes no responsibility in connection with any attempt to use your BurjX Account with any cryptocurrency that we do not support. Unless listed for availability of the BurjX Platform, we do not support protocols and/or functionality which supplement or interact with cryptocurrency that you may hold in your BurjX Account, or with forked protocols, 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 cryptocurrency we support. Do not use your BurjX Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such protocol as BurjX is not configured to detect, secure, or process these transactions and functionality. Any attempted transactions in such items will result in loss of the item. We do not own or control the underlying software protocols which govern the operation of cryptocurrencies 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. In particular, the underlying protocols may be subject to sudden changes that materially affect the availability, value, functionality, and/or the name of the cryptocurrency you store in your BurjX Account. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information in determining whether to continue to use a BurjX Account for the affected cryptocurrency. In the event of any such operational change, BurjX reserves the right to take such steps as may be necessary to protect the security and safety of assets held on the Platform, including temporarily suspending operations for the involved digital currency(ies), and other necessary steps without notice. BurjX’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.
7. Fees
You understand that BurjX does not charge fees or commissions for executing buy and sell orders. BurjX routes customer orders to Liquidity Providers, including market makers, OTC desks, exchanges, and other broker-dealers. BurjX earns its revenue from the percentage of the spread between the execution price of an executed order and either the Best Bid (for sell orders) or Best Offer (for buy orders) sourced from the Liquidity Providers. In general, BurjX makes money when you purchase or sell digital currency on our Platform via the bid-ask spreads. You understand that other fees may apply. By using the Platform you agree to pay all applicable fees. BurjX reserves the right to adjust its pricing and fees and any applicable waivers at any time. We may charge network fees (miner fees) to process a cryptocurrency transaction on your behalf. We will calculate the network fee in our sole discretion. Bank fees charged to BurjX are netted out of transfers to or from BurjX. You are solely responsible for paying any additional fees charged by your financial service provider. We will not process a transfer if associated bank fees exceed the value of the transfer. You may be required to deposit additional funds to cover bank fees if you desire to complete such a transfer.
8. Cryptocurrency Transactions
Once a cryptocurrency transfer is submitted to a cryptocurrency network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to confirmation of the transaction by the cryptocurrency network. A cryptocurrency transfer is not complete while it is in a pending state. Pending cryptocurrency transfers that are initiated from a BurjX Account may reflect a pending transaction status and may not be available to you for use on the Platform or otherwise while the transaction is pending. When you or a third party sends cryptocurrency to a BurjX Account from an external wallet or account not hosted on BurjX, the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of sufficient network or miner’s fees in order for the transaction to be successful. Insufficient network fees may cause a transfer to remain in a pending state outside of BurjX’s control and we are not responsible for delays or any form of loss incurred as a result of an error in the initiation of the transaction and we have no obligation to assist in the remediation of such transactions. By initiating a transfer to BurjX, you attest that you are transacting in a cryptocurrency that is identified as trading on the Site which conforms to the particular BurjX wallet into which funds are directed. BurjX incurs no obligation whatsoever with regard to unsupported digital currency sent to a BurjX Account or supported cryptocurrency sent to an incompatible cryptocurrency wallet address. Erroneously transmitted funds will be lost. We recommend customers send a small amount of cryptocurrency as a test prior to initiating a send of a significant amount of supported cryptocurrency. When you send cryptocurrency from your BurjX Account to an external address, such transfers are executed at your instruction by BurjX. You should verify all transaction information prior to submitting instructions to us. BurjX shall bear no liability or responsibility of any kind in the event you enter an incorrect blockchain destination address. We do not guarantee the identity or value received by a recipient of a transfer initiated by you. Cryptocurrency transfers cannot be reversed once they have been broadcast to the relevant cryptocurrency network, although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators. BurjX does not control the cryptocurrency network and makes no guarantees that a cryptocurrency transfer will be confirmed by the network. We may refuse to process or cancel any pending transfers as required by law or any court or other authority to which BurjX is subject in any jurisdiction. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further the Platform and/or before permitting you to engage in transactions beyond certain volume limits. We may allow you to initiate a cryptocurrency transfer to a BurjX customer by designating that customer’s email address. If you initiate a cryptocurrency transfer to an email address, and the recipient does not have an existing BurjX Account, we will invite the recipient to open a BurjX Account. If the recipient does not open a BurjX Account within sixty (60) calendar days, we will return the relevant cryptocurrency to your BurjX Account. If BurjX elects to offer recurring transaction availability, and you initiate recurring transactions, you authorize us to initiate recurring electronic payments in accordance with your selected cryptocurrency or payments, such as recurring automated clearing house (ACH) debit or credit entries from or to your linked bank account. Your recurring transactions will occur in identical, periodic installments, based on your period selection (e.g., daily, weekly, monthly), until either you or BurjX cancels the recurring order. If you select a bank account as your payment method for a recurring transaction, and such transaction falls on a weekend or holiday, or after bank business hours, the ACH credit or debit will be executed on the next business day, although the cryptocurrency fees at the time of the regularly scheduled transaction will apply. If your bank is unable to process any electronic ACH debit entry, we will notify you of cancellation of the transaction and may avail itself of remedies set forth in these Terms to recover any amount owed to BurjX. You agree to notify BurjX in writing of any changes in your linked bank account information prior to a recurring transaction. BurjX may, at any time, terminate recurring transactions by providing notice to you.
9. Password Security; Contact Information
You are responsible for creating a strong password and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Platform. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your BurjX Account(s) by third parties and the loss or theft of any cryptocurrency and/or funds held in your BurjX Account(s) and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your information up to date in your BurjX Account in order to receive any notices or alerts that we may send you. You should never allow remote access or share your computer screen with someone else when you are logged on to your BurjX Account. BurjX will never under any circumstances ask you for your IDs, passwords, or 2- factor authentication codes. We assume no responsibility for any loss of any kind that you may sustain due to compromise of account login credentials. In the event you believe your BurjX Account(s) information has been compromised, contact us immediately at [email protected].
10. Unauthorized and Incorrect Transactions
When a transaction occurs using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise by email at [email protected]. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible by email at [email protected]. Check your transaction history regularly to ensure you notify us as soon as possible of any unauthorized or incorrect transactions to. In any event and without limitation, we are not responsible and you release us from damages and agree to not commence any proceedings or disputesfor any claim for unauthorized or incorrect transactions unless you have notified us within one (1) year from the first date such transaction posted to your account.
11. Reversals & Cancellations
You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful, if your payment method has insufficient funds, or if you reverse a payment made from funds in your bank account, you authorize BurjX, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including your dollar or cryptocurrency balance in your BurjX Account or other linked accounts, 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, nonsufficient funds (NSF), or similar fees charged by your payment provider. We reserve the right to refuse to process, or to cancel or reverse, any transaction or transfer in our sole discretion, even after funds have been debited from your account(s), if we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if we reasonably suspect that the transaction is erroneous; or if BurjX suspects the transaction violates our policies and procedures or creates risk to BurjX, BurjX will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.
12. Debts
In the event that there are outstanding amounts owed to us hereunder, including in your BurjX Account, BurjX reserves the right to debit your BurjX Account accordingly and/or to withhold amounts from funds you may transfer to your BurjX Account.
13. Your Content
Our Platform may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Platform is referred to as “User Content”. BurjX does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. By making any User Content available through the Platform you hereby grant to BurjX a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Platform. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Platform, nor any use of your User Content by BurjX on or through the Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Platform. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. We may make available through the Platform content that is subject to intellectual property rights. We retain all rights to such content.
14. General Prohibitions. You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Platform or any individual element within the Platform, BurjX’s name, any BurjX trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without BurjX’s express written consent;
(c) Access, tamper with, or use non-public areas of the Platform, BurjX’s computer systems, or the technical delivery systems of BurjX’s providers;
(d) Attempt to probe, scan or test the vulnerability of any BurjX system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BurjX or any of BurjX’s providers or any other third party (including another user) to protect the Platform;
(f) Attempt to access or search the Platform or download content from the Platform using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BurjX or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h) Use any meta tags or other hidden text or metadata utilizing a BurjX trademark, logo URL or product name without BurjX’s express written consent;
(i) Use the Platform, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform to send altered, deceptive or false source-identifying information;
(k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform;
(m) Collect or store any personally identifiable information from the Platform from other users of the Platform without their express permission;
(n) Impersonate or misrepresent your affiliation with any person or entity;
(o) Violate any applicable law or regulation; or
(p) Encourage or enable any other individual to do any of the foregoing.
BurjX is not obligated to monitor access to or use of the Platform or to review or edit any content. However, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
15. Links to Third Party Websites or Resources.
The Platform (including the Apps) may allow you to access third- party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
16. No Assurance of Accuracy.
Although we intend to provide accurate and timely information on the Site, the content provided through the Platform may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may 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 or through the Apps are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for cryptocurrency, is for informational purposes only and BurjX makes no representations or warranties to its accuracy.
17. Taxes
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Platform, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your BurjX Account(s).
18. No Investment Advice or Brokerage.
For the avoidance of doubt, BurjX does not provide investment, tax, or legal advice, nor does BurjX broker trades on your behalf. All BurjX trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and 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. You should consult your legal or tax professional regarding your specific situation. BurjX may provide educational information about cryptocurrency. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the content as such. BurjX does not recommend that any cryptocurrency should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any cryptocurrency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. BurjX will not be held responsible for the decisions you directly or indirectly make to buy, sell, or hold cryptocurrency based on the information provided by BurjX or others.
19. Computer Viruses.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from BurjX. Always log into your BurjX Account(s) through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
20. Termination.
We may suspend or terminate your access to and use of the Platform, including suspending access to or terminating your account, at our sole discretion, at any time and without prior notice to you. You may cancel your account at any time by withdrawing your balances and sending us an email at [email protected].
If BurjX suspends or closes your account, or terminates your use of the Platform for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits BurjX from providing you with such notice. You acknowledge that BurjX’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to BurjX’s risk management and security protocols. You agree that BurjX is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer cryptocurrencies or funds associated with your BurjX Account ninety (90) calendar days after account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order.
21. Warranty Disclaimers.
THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON- INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Platform.
22. Indemnity.
You hereby unconditionally indemnify and forever hold BurjX and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Platform, (b) your User Content, or (c) your violation of these Terms.
23. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BURJX NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, EXPECTED GAINS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PLATFORM OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BURJX OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL BURJX, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE DIRECTLY OR INDIRECTLY LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR BURJX ACCOUNT(S) OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE PLATFORM, OR THESE TERMS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BURJX HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF BURJX’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW.
BurjX makes no representations about the accuracy, order, timeliness or completeness of historical cryptocurrency price data available on the Platform. BurjX will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner, but BurjX makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
24.Death of Account Holder.
For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your BurjX Account and during this time, no transactions may be completed until:(i) your designated fiduciary has opened a new BurjX Account, as further described below, and the entirety of your BurjX Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, the fiduciary you have designated in a valid Will or similar testamentary document will be required to open a new BurjX Account. If you have not designated a fiduciary, then we reserve the right to (i) treat as your fiduciary any person entitled to inherit your BurjX Account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a Will, a living trust or a Small Estate Affidavit, or (ii) require an order designating a fiduciary from a court having competent jurisdiction over your estate. In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the fiduciary designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your BurjX Account. Pursuant to the above, the opening of a new BurjX Account by a designated fiduciary is mandatory following the death of a BurjX Account owner, and you hereby agree that your fiduciary will be required to open a new BurjX Account and provide the information required under these Terms in order to gain access to the contents of your BurjX Account.
25.Unclaimed Property.
If BurjX is holding funds (whether fiat currency/cash or cryptocurrency) in your account, and BurjX is unable to contact you and has no record of your use of the Platform for several years, applicable law may require BurjX to report these funds (including fiat currency and cryptocurrency) as unclaimed property to the applicable regulators. If this occurs, BurjX will try to locate you at the address shown in our records, but if BurjX is unable to locate you, it may be required to deliver any such funds to the applicable jurisdiction as unclaimed property.
26.General Terms.
(a)Reservation of Rights. BurjX and its licensors exclusively own all right, title and interest in and to the Platform, including all associated intellectual property rights. You acknowledge that the Platform are protected by copyright and trademark. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.
(b)Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between BurjX and you regarding the Platform, and these Terms supersede and replace all prior oral or written understandings or agreements between BurjX and you regarding the Platform. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without BurjX’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be deemed null and void. BurjX may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. In the event that BurjX is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
(c)Waiver of Rights. BurjX’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BurjX. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
(d)Force Majeure. We shall not be liable for delays, failures to execute trades, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, denial of service attacks, hacking, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is substantially beyond our control or not directly caused by us and shall not affect the validity and enforceability of any remaining provisions.