Investment Evolution Exchange Ltd
These terms of business cover the services provided by Investment Evolution Exchange Ltd ("IECX"), a private limited company incorporated in Malta with company number C 86960 and whose registered office is 171, Old Bakery Street, Valletta VLT1455, Malta and govern the legal relationship between the client (the “Client”), and IECX (together the “Parties”) in respect of the services offered by IECX.
These terms and conditions incorporate within them, as though they were fully set out herein, the provisions of the following terms and policies, which themselves also apply to the Client’s use of the Services:
(together, the “Terms”).
- (1.1) The Client should read these Terms, and any document referred to in them very carefully. If there is anything that the Client does not understand the Client should discuss this matter with IECX and seek the necessary clarification.
- (1.2) Any formal communication with the Client by IECX will be undertaken through electronic mail unless otherwise instructed by the Client. Documents will be sent to the Client by electronic mail and the Client should seek to send any documents to IECX by the same means. The Client will also be able to contact IECX telephonically or through secure messaging systems made available by IECX.
- (1.3) Communication between Clients and IECX will, unless otherwise agreed between the Client and IECX, be made in the English language. In the event of any discrepancy between the English language version of these Terms and any translation of the Terms in a foreign language, the English version of these Terms shall prevail.
- (1.4) The Client is required to meet strict eligibility requirements in order to access the services offered by IECX. The Client is required to be at least 18 years old. If a Client is resident in or located in certain countries and / or states he will not be able to access some or all services offered by IECX. The list of services offered by IECX accessible by country can be found at https://www.investmentevolution.com
- (1.5) IECX provides the Client with an order matching platform that automatically and according to pre-established criteria matches Clients’ trades with open orders from other Clients in respect of Virtual Financial Assets (“VFAs”, each a “VFA”) only (“IECX Exchange Services”). As a result, the IECX Exchange Services only permit Clients to trade one type of VFA for another type of VFA. The Client will not be able to predetermine or undertake a trade with a pre-determined Client. Similarly, an order may be partially filled or may be filled by multiple matching orders arising from different Clients. The IECX Exchange Services do not permit the trading of legal tender (such as Euros or US dollars) for VFAs and vice versa.
- (1.6) IECX also offers its Clients a digital wallet (“IECX Digital Wallet Services”) enabling each Client to store VFAs that are traded on IECX.
- (1.7) IECX also offers its Clients with VFA remittance services (“Remittance Services”).
- (1.8) The IECX Exchange Services, IECX Digital Wallet Services and the IECX Remittance Services offered by IECX are collectively referred to as the “Services”.
- (1.9) Trading VFAs through the Services may be risky. A Client should not seek these services if he does not understand these risks.
- (1.10) These Terms shall remain in force for the duration of the relationship between the Client and IECX.
- (1.11) There are important legal terms provided below in these Terms, including the Client’s indemnification and IECX’s limitation of liability. Please read these Terms carefully.
- (2.1) In these Terms unless the context requires otherwise:
- headings are inserted for convenience only and will not affect the construction or interpretation of these Terms;
- words importing the singular include the plural and vice-versa;
- any reference to a statute, statutory instrument, or other regulations includes all provisions, rules and regulations made under them and will be interpreted as reference to such statute, statutory instrument, or regulations as amended, consolidated, re-enacted or replaced from time to time; and
- a reference to any party shall include that party’s permitted assignees and successors in title.
(3) REPRESENTATIONS AND WARRANTIES
The Client represents and warrants to IECX that:
- the Client is not under any legal disability with respect to, and is not subject to any law or regulation which prevents his performance according to these Terms or any transaction contemplated in them and that as a result he has authority to enter into and accept these Terms;
- any information which the Client has provided or may provide to IECX is complete, up-to date and correct in all respects;
- in the event that any of the information supplied by the Client ceases to remain complete, up-to date and correct in any respect, the Client shall provide IECX with such revised and updated information without delay;
- the Client is in compliance with all laws to which it is subject, including, without limitation, all tax laws and regulations, exchange control requirements, and registration requirements;
- the Client is the beneficial owner (or if the Client is a trustee, the legal owner) of any VFA subject to these Terms and will indemnify IECX against all claims or demands made by any person in relation thereto; and
- the VFAs the Client deposits with IECX are not the proceeds of any criminal, unlawful or illegal activity or money laundering or terrorist financing activity, each as interpreted in the broadest terms.
The Client undertakes and agrees not to:
- violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization;
- provide false, inaccurate, incomplete or misleading information to IECX;
- take or attempt to take any action or claim ownership of any property that infringes or would infringe upon: (a) IECX’s intellectual property interests in and to Services as set forth in Section 18, or (b) any third party’s copyright, patent, trademark, or other intellectual property rights;
- distribute unsolicited or unauthorized advertising, promotional or marketing material or any junk mail, spam, or chain letters;
- reverse engineer or disassemble any aspect of the Services for any purpose, including but not limited to, in an effort to access any source code, object code, underlying ideas and concepts, and algorithms;
- take any action that imposes an unreasonable or disproportionately large burden or load on the Parties’ infrastructure (including, but not limited to, servers, networks, data centers and related or like equipment), or detrimentally interfere with, intercept, or expropriate any system, data, or information of the Parties;
- transmit or upload any material to the Services that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; and / or
- attempt to gain unauthorized access to the systems of IECX, computer systems or networks connected to the Services, including through password mining or any other means.
- (3.3)For the avoidance of doubt, it is the Client’s responsibility to determine what, if any, taxes apply to the trades the Client undertakes with IECX. It is the Client’s responsibility to report and remit the correct tax to the appropriate tax authority. IECX is not responsible for determining whether taxes apply to the Client’s trades or for collecting, reporting, withholding or remitting any taxes arising from such trades.
- (3.4)Notwithstanding the above, by agreeing to these Terms, the Client authorises IECX to deduct or withhold any sum, which IECX is required or liable to deduct or withhold under the law or practice of any revenue authority in any relevant jurisdiction.
- (3.5)IECX will strive to provide the respective Services in accordance with applicable laws, regulations, bye-laws, licence conditions, guidelines, exchange requirements, customs, usages and other provisions or market practices (the “Rules”) to which IECX may be subject from time to time.
(4) THE SERVICES
IECX Exchange Services
- (4.1)The IECX Exchange Services permit the Client to access IECX’s order matching platform that automatically and according to pre-established criteria matches Clients’ trades with open orders from other Clients in respect of VFAs only. Clients using the IECX Exchange Services are only permitted to trade one type of VFA for another type of VFA and accordingly Clients are not able to trade legal tender for a VFA or vice versa. IECX Digital Wallet Services
- (4.2)VFAs acquired by a Client using IECX Exchange Services will be held by IECX in the Client’s Digital Wallet for and on behalf of the Client. IECX offers this service in order to expedite and facilitate Clients’ acquisitions and / or disposal of VFAs.
- (4.3)In the case of VFAs held by IECX, on behalf of the Client, IECX shall be regarded as holding such VFAs on behalf of the Client and shall recognize the Client as the beneficial owner thereof. IECX will not deal with such VFAs, use as security or in any way make use of such VFAs, other than as lawfully directed and with the prior written authorisation of the Client.
- (4.4)VFAs held by IECX on behalf of its Clients may be pooled with those of other Clients. By accepting these Terms, the Client expressly agrees to the pooling of his VFAs with the VFAs of other Clients. Individual Client entitlements may not be identifiable by separate physical documents of title or other electronic record and, in the case of an irreconcilable shortfall, Clients may not receive their full entitlement and may share in the shortfall pro rata.
- (4.5)The Client acknowledges and represents and warrants that it is and shall remain at all times the ultimate and effective beneficial owner of any VFAs held by IECX, that the Client shall not act as nominee or trustee for any other person and that the Client shall not transfer, assign, pledge, charge or otherwise create any security interest whatsoever over such instruments without the prior written consent of IECX. IECX Remittance Services
- (4.6)The Client may request IECX to transfer VFAs held by the Client in his Account with IECX (as defined under Clause 6 below), to the Account of another client with IECX (the “Recipient”). For the avoidance of doubt, the Recipient must have an Account with IECX in order for IECX to be able to provide the Remittance Service to the Client.
- (4.7)Upon receipt of a request for remittance of VFAs from the Client to the Recipient, IECX shall debit the Account of the Client with the amount specified by the Client and simultaneously credit the Account of the Recipient with the same amount.
- (4.8)The Client must provide the IECX with the purpose of each request for remittance and IECX may request documentation as proof to support such request for remittance. The Client undertakes to provide IECX with the necessary information and/or documentation as IECX may request from time to time in this respect. IECX API Tools
- (4.9)These Terms also govern the Client’s use of any and all development applications or application programming interfaces made available by IECX to the Client from time to time (which may include via a third party service provider), including but not limited to any accompanying or related documentation, source code, executable applications and other materials provided to the Client (the "API Tools").
- (4.10)[Subject to these Terms, IECX grants the Client a limited, revocable, non-exclusive, non-transferrable and non-sublicensable license solely to use and integrate the API Tools and underlying content into the Client’s application so that the relevant application can interface directly with the IECX Exchange Services.]
- (4.11)IECX retains all right, title and interest in and to all intellectual property rights subsisting in or associated with the API Tools and any content created or derived from such API Tools.
- (4.12)The Client must comply with all directions issued by IECX from time to time regarding his use of the API Tools and the underlying content transmitted.
- (4.13)The Client acknowledges that IECX makes available the API Tools (if any) on strictly an “as is” basis. IECX makes no guarantees with respect to the availability or uptime of the API Tools. IECX may conduct maintenance on or stop providing any of the API Tools at any time, with or without notice to the Client. IECX may change the method of access to the API Tools at any time.
- (4.14)In the event of degradation or instability of IECX’s systems or services or in the case of an emergency, IECX may, in its sole discretion, temporarily suspend the Client’s access to the API Tools.
- (4.15)To the extent permitted by Applicable Law as defined in Section 28.0 of these Terms, IECX shall not be liable for any Loss suffered or incurred by the Client arising out of or in connection with his use of the API Tools or IECX’s suspension, termination or change to the method of access thereto or maintenance thereon, in accordance with these Terms.
- (5.1)IECX may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain jurisdictions from time to time ("Restricted Locations").
- (5.2)If the Client is registering to use the Services on behalf of a legal entity, the representative of the Client represents and warrants that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) the representative of the Client is duly authorized by the Client to act on its behalf.
- (5.3)The Client further represents and warrants that he: (a) is of legal age to form a binding contract (at least 18 years old in Malta); (b) has not previously been suspended or removed from using IECX’s Services; (c) has full power and authority to enter into this agreement and in doing so will not violate any other agreement to which the Client is a party; (d) is not located in, under the control of, or a national or resident of: (i) any Restricted Locations; or (ii) any country to which Malta, the European Union, the United Nations or the United States has embargoed goods or services or otherwise subject to any form of sanction or embargo; (e) is not subject to any freezing order or other interdiction or restriction of any kind under applicable law entering into transactions or owning and disposing of assets; and (f) will not use IECX’s Services if any applicable laws in the Client’s country prohibit the Client from doing so in accordance with these Terms.
(6) THE ACCOUNT
- (6.1)In order to engage in any trades with IECX, the Client must create an account (the “Account”) and provide such information that IECX may request. The account may be accessible through IECX’s website using the same user name and password.
- (6.2)When the Client creates an Account the Client undertakes and agrees to:
- create a strong password that the Client does not use for any other website or online service;
- maintain and promptly update the Client’s Account information;
- maintain the security of the Client’s Account by protecting the Client’s password and restricting access to the Client’s Account;
- promptly notify IECX as applicable if the Client discovers or otherwise suspects any security breaches related to his Account; and
- take responsibility for all activities that occur under the Client’s Account and accept all risks of any authorized or unauthorized access to the Client’s Account, to the maximum extent permitted by law.
(7) OPERATION OF THE CLIENT’S ACCOUNT
- (7.1)In order to access the IECX Exchange Services, the Client must transfer VFAs in his account with IECX.
- (7.2)IECX does not hold clients’ money and a Client may only hold VFAs in his Account with IECX.
- (7.3)The Client may instruct IECX to transfer his VFAs held by IECX to another account eligible to receive VFAs.
(8) TRADE AND REMITTANCE INSTRUCTIONS
- (8.1)IECX may, at any time and in their sole discretion, refuse any trade or remittance instruction submitted to them, impose limits on the trade or remittance amount or impose such other conditions or restrictions on the placement of orders without prior notice.
- (8.2)The Client may only cancel an order if such cancellation occurs before IECX matches the transaction. Once the Client order has been matched by IECX the Client may not change, withdraw or cancel the authorization to IECX to complete such transaction.
- (8.3)If an order has been partially filled, the Client may cancel the unfilled part of the order unless the order relates to a market trade. IECX reserves the right to refuse any cancellation request associated with a market order once the Client has submitted such order. All market orders are irreversible once initiated.
- (8.4)The Client will be able to place an order to the extent that he has sufficient VFAs in the Account to complete an order.
(9) KNOW YOUR CLIENT REQUIREMENTS
- (9.1)The Client shall provide IECX with the necessary documents relevant to the opening and the establishment of the Account. The Client further agrees to promptly deliver true and complete copies of all amendments or supplements to such documents. The Client shall indemnify and hold IECX harmless against any and all Losses that IECX may suffer or incur arising out of any failure by the Client to provide IECX with the documents required by it.
(10) SUSPENSION OR TERMINATION OF PROVISION OF SERVICES
- (10.1)IECX may: (a) refuse to complete or block, cancel or reverse a transaction the Client may have authorised; (b) suspend, restrict, or terminate the Client’s access to any or all of the Services; and /or (c) deactivate or cancel the Account with immediate effect for any reason, including but not limited to where:
- they are, in their reasonable opinion, required to do so by applicable law or any court or other authority to which they are subject in any jurisdiction;
- they reasonably suspect that the Client acted in breach of these Terms;
- they have concerns that a transaction is erroneous;
- they have concerns about the security of the Client’s Account or they suspect the Services are being used in a fraudulent or unauthorised manner;
- they suspect or have reasonable grounds to suspect money laundering, terrorist financing, fraud, or any other financial crime;
- use of the Account is subject to any pending litigation, investigation, or government proceeding and / or they perceive a heightened risk of legal or regulatory non-compliance associated with Client’s Account activity; and / or
- the Client takes any action that may circumvent IECX’s controls such as opening multiple Accounts or abusing promotions which IECX may offer from time to time.
- (10.2)IECX may also refuse to complete a transaction where there are insufficient VFAs in the Client’s Account to cover the transaction and (where applicable) associated fees at the time that IECX receives notification of the transaction.
- (10.3)If IECX refuses to complete a transaction and / or suspend or close the Account, or terminate the Client’s use of Services in this way, IECX will (unless it would be unlawful for them to do so) provide the Client with notice of its 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. In the event that IECX refuses to complete a transaction and/ or suspends the Account, IECX will lift the suspension as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, IECX is under no obligation to allow the Client to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.
- (10.4)IECX may suspend, restrict, or terminate the Client’s access to any or all of the Services and / or deactivate or cancel the Account, without reason by giving the Client 5 days’ notice. The Client acknowledges that IECX’s decision to take certain actions, including limiting access to, suspending, or closing the Account, may be based on confidential criteria that are essential to IECX’s risk management and security protocols. The Client agrees that IECX is under no obligation to disclose the details of its risk management and security procedures to the Client.
- (10.5)If IECX suspends or closes the Client’s account, or terminates the Client’s use of Services for any reason, IECX reserves the right to require the Client to complete the relevant identity verification and prevention of money laundering procedures before permitting the Client to transfer or withdraw any VFA.
- (10.6)The Client may cancel the Account at any time by withdrawing all balances and visiting https://www.investmentevolution.com/investment-evolution-exchange.php . The Client will not be charged for cancelling its Account, although the Client will be required to pay any outstanding amounts owed to IECX. The Client authorises IECX to cancel or suspend any pending transactions associated with the relevant Account at the time of cancellation.
- (10.7)If IECX identify a Client’s Account that has been inactive for a period exceeding 24 months, IECX may elect to charge a maintenance fee to such Client to continue to service and maintain the relevant Client’s Account.
(11) CONFLICTS OF INTEREST
- (11.1)IECX has a Conflicts of Interest Policy which sets out the effective organisational and administrative arrangements that have been put in place to identify, prevent, manage and monitor conflicts of interest that entail a material potential risk of damage to the interests of their Clients. IECX shall take all appropriate steps to prevent conflicts of interest from constituting or giving rise to a material risk of damage to the interests of a Client.
(12) LIMITATION OF LIABILITY
- (12.1)IECX shall not be liable for: any damages of whatever kind or nature, including indirect, moral consequential, special or exemplary damages, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including, without limitation, damages to the Client’s device or the device’s software, or any damages sustained to your computer equipment, damages for loss of income or earning that the Client may suffer arising out of or relating to the use, inability to use or non-use of the Services (any “Loss”) suffered or incurred by the Client unless and to the extent that such Loss is suffered or incurred as a result of: (i) IECX’s gross negligence, wilful default or fraud; or (ii) breach of IECX’s obligations under these Terms; and any Loss due to actions taken by IECX according to its rights under the Terms. Provided that in any case, to the extent that such liability cannot be excluded in terms of Applicable Law as defined in [Section 27.0] of these Terms, and to the extent permitted in terms of Applicable Law as defined in [Section 27.0] of these Terms, the maximum liability of IECX or that of their officers, directors, employees, sub-contractors or agents with respect to the Client shall be limited (where applicable) to the lesser of the repair of any damage or the replacement of any damaged device, computer software or other equipment and / or to a refund of fees paid by the Client for the provision of the Services.
- (12.2)IECX shall not be liable for any Loss incurred by the Client with respect to any transaction in relation to any VFA, any delays in the receipt or processing of the Client’s instructions or if IECX cannot perform any of their obligations by reason of any cause beyond their reasonable control (including, without limitation to the generality of the aforesaid, acts of God, government restriction, wars, act of terrorism, strikes, fire, exchange or market disruption, suspension of trading, periods of abnormal or unusual market activity, unanticipated dealing volumes, inability to communicate with market makers, failure of any telecommunication, energy failure, cyber-attacks, viruses or hacking, or any other event beyond the reasonable control of IECX) except if occurring through IECX’s gross negligence, fraud, wilful default or the breach of these Terms.
- (12.3)Clients using IECX’s online trading platform acknowledge and accept that in the event that the online trading platform becomes inaccessible for any period as a result of communication failure, breakdown or other malfunction, including inadequacy of or defect in any underlying communications services provided by third parties in respect of the online trading platform or failure of the internet, which occurs through no act or omission of IECX and is outside of its reasonable control. IECX shall not be liable to the Client for any such inaccessibility and / or failure.
- (12.4)IECX may, from time to time, need to interrupt the online trading platform service in order to carry out maintenance and updates or to protect the interest of the users of the online trading platform. IECX shall not be liable for any Loss that may be suffered by the Client as a result of such interruption.
- (12.5)Clients making use of the online trading platform further acknowledge and accept that the internet and telecommunication systems may be subject to interruption or failure through no fault of IECX. The Client is responsible for providing and maintaining the communications equipment (including personal computer or device and modem or other internet connection equipment) that the Client may use to access the online trading platform.
- (12.6)For the avoidance of doubt, this limitation of liability provision shall survive the termination of these Terms and shall apply, with full force and effect, in perpetuity for the benefit of the Parties, and any other entity that is or becomes the owner of the Services, whether such ownership occurs through a sale, merger, other transaction or by the operation of Applicable Law.
- (12.7)If Applicable Law as defined in Section 27.0 of these Terms does not permit all or any part of the above limitation of liability in contracts to apply to the Client, the limitations, exclusions and disclaimers will apply to the Client only to the extent permitted by such Applicable Law.
(13) ONLINE ACCESS TO THE ACCOUNT
- (13.1)The Client agrees to keep his username and password details secure to prevent any unauthorised use of them. The Client must contact IECX immediately if the Client suspects that his username or password details may have been disclosed to, or obtained by, a third party and that the security of those details may be in jeopardy.
- (13.2)IECX shall not be liable under any circumstances for any direct, indirect, or consequential loss which results or may result from the Client’s use of the online trading platform or the Services (including but not limited to system errors, deletion or loss of files, defects or delays in transmission of instructions or other information, any failure of IECX’s server or the internet, loss of data, or any other event beyond IECX’s reasonable control) or the Client’s access to the internet or Services or use thereof for any purpose whatsoever or for any reliance on or use of information received on or through the online trading platform, the Services or the internet.
- (14.1)The Client shall indemnify and hold IECX harmless against any and all claims, losses, damages and expenses (including reasonable attorneys’ fees, legal expenses and court costs) asserted against them by any third party or otherwise suffered or incurred by IECX as a result of or in connection with:
- the Client’s breach of the Terms;
- any negligent or fraudulent act or omission or any wilful misconduct on the Client’s part; and
- any third party claim due to the acts or omissions of the Client.
(16) RISK DISCLOSURE
- (16.1)The Services relate to VFAs whose price volatility is outside IECX’s control. Any profit or loss arising as a result of a fluctuation in the value of the respective VFAs will be entirely for the Client’s account and risk.
- (16.2)The Client acknowledges that past performance is not necessarily a guide to future performance.
- (16.3)IECX does not provide investment advice in respect of VFAs. As a result IECX shall not be responsible for any losses incurred by the Client as a consequence of the Client’s own trading decisions in respect of VFAs.
- (16.4)The Client accepts that the value of VFAs, may fall as well as rise and that there can be no guarantee that the Client will not make a loss or that profits will be made by the Client as a result of his transactions in respect of VFAs.
(17) FEES AND CHARGES
- (17.1)The Client accepts to be bound by and pay the fees and charges as may be from time to time determined by IECX for the provision of the Services. The current list of applicable fees and charges and related details on payment of same can be accessed at https://www.investmentevolution.com/fees.php.
(18) COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
- (18.1)Unless otherwise indicated by IECX, all copyright and other intellectual property rights in all content and other materials contained on their website or provided in connection with the Services, including, without limitation, logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Our Materials") are the proprietary property of IECX or their licensors or suppliers and are protected by Maltese and international copyright laws and other intellectual property rights laws.
- (18.2)IECX hereby grants the Client a limited, revocable, non-exclusive and non-sub-licensable license to access and use Our Materials for his personal or internal business use limitedly to use the Services. Such license is subject to these Terms and does not permit: (a) any resale of Our Materials; (b) the distribution, public performance or public display of any of Our Materials; (c) modifying or otherwise making any derivative uses of Our Materials, or any portion thereof; or (d) any use of Our Materials other than for their intended purposes. The license granted under this Section will automatically terminate if IECX suspends or terminates the Client’s Account or access to the Services.
- (19.1)Trademarks and any other product or service names, logos or slogans that may appear on IECX’s website or other application belong to and are owned by IECX, in Malta and in other countries, and may not be copied, imitated or used, in whole or in part, without IECX’s prior written permission. The Client may not use any trademark, product or service name of IECX without IECX’s prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product or service name of IECX. In addition, the look and feel of IECX’s Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and / or trade dress of IECX and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by IECX.
(20) THIRD PARTY CONTENT
- (20.1)In using the Services, the Client may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links ("Third-Party Content"). IECX does not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, the Client’s business dealings or correspondence with such third parties are solely between the Client and the third parties. IECX is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and the Client understands that the Client’s use of Third-Party Content, and interactions with third parties, is at the Client’s own risk.
(21) AMENDMENT AND TERMINATION
- (21.1)IECX shall be entitled to amend the Terms in favour of the Client or strictly in order to comply with applicable law and regulation without notice. Changes in these Terms which are not in the Client’s favour may take place at any time, by giving notice to the Client at least thirty (30) days in advance.
- (21.2)The Client is deemed to have accepted such changes before the proposed date of their entry into force. In the event that the Client does not accept such changes, such Client must without delay and in any case prior to entry into force of any such changes notify IECX that he does not accept them by following the procedure set out in [Section 24] of these Terms.
- (21.3)The relationship between the Client and IECX shall remain in force until it is terminated.
- (22.4)The Client is entitled to terminate the relationship with IECX with immediate effect by giving written notice to IECX.
- (22.5)IECX is entitled to terminate the Client relationship with one months’ notice.
- (22.6)The termination of this agreement shall be without prejudice to any other rights or remedies each of IECX may be entitled to under these Terms or at law and shall not affect the coming into or the continuance in force of any provision of this agreement which is expressly or by implication to come into effect or to continue in effect after such termination.
- (22.1)These Terms are only enforceable by the Client and IECX and no other person shall have any rights under these Terms to enforce any provision of these Terms.
- (22.2)The Client agrees not to assign, transfer, dispose of or grant security over any of his rights and obligations under these Terms without IECX’s prior consent.
- (22.3)IECX may assign or transfer any of its rights or obligations under these Terms or delegate all or any of its functions under these Terms to a third party without the Client’s prior consent provided that the Client is given notice of any such assignment.
(23) NO INVESTMENT ADVICE
- (23.1)The website of IECX and any content therein should not be considered investment advice in respect of VFAs and should not be construed as a substitute for tailored investment advice. The contents of the website of IECX should not be used as a basis for making investment decisions and is not intended, as an attempt to market or promote any type of VFA.
- (23.2)The contents of IECX’s website does not constitute an invitation to invest in any VFA or constitute or form a part of any offer for the sale or subscription of, or any invitation to offer to buy or subscribe for, any VFA.
- (24.1)Any complaint or other communication to be given in connection with these Terms shall be made in writing and sent by electronic mail on the following address .
(25) ENTIRE AGREEMENT
- (25.1)Save as otherwise expressly provided herein, these Terms constitute the entire agreement between IECX and the Client and IECX shall not be liable to the Client for loss arising from or in connection with any agreement, representation, statement or undertaking made prior to the coming into effect of this agreement other than those agreements, representations, statements or undertakings which are expressly incorporated or referred to in these Terms.
- (26.1)IECX’s failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
- (26.2)The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
- (26.3)Headings of sections are for convenience only and shall not be used to limit or construe such sections.
- (26.4)[Sections 3, 5, 9, 12, 14, 18, 19, 20 and 26 to 28 and Clause 4.12] shall to the extent applicable survive the termination or expiration of these Terms.
- (26.5)IECX strictly follow anti-money laundering (AML), “know your customer” (KYC) and other regulations in respective jurisdictions. The Client fully agrees to assist IECX in fulfilling the Applicable Law and provide any necessary information if such is required from the Client.
- (26.6)The Client shall cooperate with and assist IECX in connection with any investigation, examination or enquiry by any government entity. The Client shall promptly provide IECX with any documents, certification, record or other materials they may request in connection with such investigation, examination or enquiry
(27) APPLICABLE LAW
- (27.1)These Terms are governed by Maltese Law (“Applicable Law”). Any disputes between the Parties relating to the Services or these Terms will, unless submitted to Arbitration in accordance with these Terms, be subject to the jurisdiction of the Maltese Courts.
- (28.1)Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or relating to these Terms, or the breach, termination or invalidity thereof, or any other issue which may arise in virtue of these Terms, shall be referred to and finally settled by arbitration under the UNCITRAL Rules of Arbitration in accordance with the provisions of Part V (International Arbitration) of the Arbitration Act (Cap. 387, laws of Malta). Any arbitration commenced pursuant to this clause shall take place in Malta in the English language through a single, independent and impartial arbitrator to be appointed by agreement between the Parties or, failing such agreement within fourteen (14) days from the receipt by any Party from the other/s of a written request to concur in the appointment of an arbitrator, a single arbitrator to be appointed by the Chairman of the Malta Arbitration Centre.