WEBSITE TERMS OF USE
This Website (“Website”) is operated and controlled by WUBU FZCO with registered Trade License Number L- 3326, a company incorporated in the United Arab Emirates with registered address EO54- SRT Floor 25, Sheikh Rashid Tower, Dubai World Trade Centre (the “Company”, or “We” or “Us”) and having a license from Virtual Assets Regulatory Authority (“VARA”), Dubai, United Arab Emirates to operate as a Virtual Assets Broker Dealer.
Your access to the Website is subject to these
terms of use (the “Terms” or “Terms of Use”). Notices, disclaimers and any other terms and conditions or other
statements issued or authorised by Us, as contained on the Website. You agree to be bound to these Terms of Use
while using this Website.
This Website is only a promotional marketing website, and only provides information on the Company and its licensed activities. As a Virtual Assets Broker Dealer registered with VARA, the Company is authorised to provide the following services:
arranging orders for the purchase and sale of Virtual Assets between two Entities;
soliciting or accepting orders for Virtual Assets and accepting fiat currency, or other Virtual Assets, for such orders; and
facilitating the matching of transactions in Virtual Assets between buyers and sellers. (hereinafter referred to as the “Services”).
The Services are rendered through a web-enabled platform, access to which is provided on an invitation only basis. Should You wish to access any of the Services, please reach out to Us at help@wubu.com. If you write to the Company to access the Services and register as a user with the Company pursuant to the same, you will be bound by additional terms and conditions (hereinafter referred to as the “Client Agreement”). Your mere usage of this Website shall not create or be deemed to create client relationship between You and the Company.
WHILE UTILISING THE SERVICES, YOU UNDERSTAND THAT THE SERVICES RELATE TO VIRTUAL ASSETS AND THEIR SALE AND PURCHASE. YOU AGREE AND UNDERSTAND THAT THE PURCHASE AND SALE OF VIRTUAL ASSETS INVOLVES SIGNIFICANT RISK, AND THE RISK OF RESULTING LOSS MAY BE SUBSTANTIAL. YOU ARE ADVISED THAT YOU REFER TO THE RISK DISCLOSURES OF THE COMPANY. By
accessing the Website and/or the Services, You agree and acknowledge that You have been informed and that You understand the risk warnings set out above. The Company will continually update its risk analysis of virtual assets and the resultant Risk Disclosures, and You agree to keep Yourself updated in this respect.
You understand that, in relation to the use of the Services, in case of any conflict between these Terms of Use and the Client Agreement, the terms of the Client Agreement shall prevail.
WEBSITE USE AND ACCESS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE. BY VISITING THE WEBSITE OR USING OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND AGREE THAT SUCH AGREEMENT SHALL CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY.
THE COMPANY RESERVES THE RIGHT TO AMEND THESE TERMS OF USE FROM TIME TO TIME, AT OUR DISCRETION, AND WE SHALL PROVIDE YOU WITH PRIOR NOTICE OF 30 (THIRTY) DAYS PRIOR TO EFFECTING ANY SUCH AMENDMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OR ANY OF THESE TERMS
OF USE, PLEASE CEASE FROM USING OUR WEBSITE IMMEDIATELY. YOUR CONTINUED USE OF THE WEBSITE WILL BE DEEMED ACCEPTANCE OF THESE TERMS OF USE AND ANY AMENDMENTS HERETO.
The Website is currently offered on a self-service basis. The Services are not directed at, or to be distributed to any persons domiciled under any jurisdiction where all or part of the Services may be contrary to the laws applicable in the United Arab Emirates (“Applicable Laws”). You are solely responsible for compliance with applicable laws and regulations within the jurisdiction that You are located and all other laws or regulations applicable under Your jurisdiction and/or the jurisdiction from which You access the Website.
When You use the Website, You represent and warrant that to the Company that:
You are above 18 (eighteen) years of age, and possess the full capacity to enter into a legally binding contract, to accept the terms and conditions as set out hereinunder, and enter into transactions as a result of using the Website;
You have provided Us with accurate, true and complete information about Yourself, as may be required under Applicable Law for Your uninterrupted access to the Website and as may be set out in these Terms of Use;
To the extent that You represent one or more businesses or franchises, that You are acting as their authorized representative, and that both You and the entity You represent will be bound by the terms and conditions set out in these Terms of Use;
Your usage of the Website is and will be in full compliance with Applicable Law and regulations for the time being in force, is not prohibited by any laws or regulations otherwise applicable to you, and is not for illegal or for any immoral purpose and that You are in compliance of all laws in relation to the reporting any trading activities or profits for taxation purposes; and
Your use of the Website will be consistent with the foregoing license, covenants and restrictions, and You are not infringing nor violating the rights of any other party.
You agree that the Company reserves the right to suspend or terminate Your access to the Website, in the event that:
The Company reasonably suspects that You are in breach of any of Your obligations under these Terms of Use;
The Company reasonably suspects that You have committed any fraudulent or illegal activities, in breach of Applicable Law; or
For any other reason that the Company feels necessary to ensure compliance with the laws and regulations applicable to the Company.
You agree and acknowledge that You are solely and wholly responsible for obtaining and maintaining any hardware, facilities, connections, licenses, permits, database, equipment, external software or any other resources as may be required and/or necessary for Your use of the Website (such as, computer, mobile device, internet connection and telecommunications) and any relevant payment system. You agree that the Company will not be liable to bear any costs, expenses, losses or other damages which You may incur directly or indirectly, with respect to such hardware, facilities, connections, licenses, permits, database, equipment or external software or any other resources as may be required, in connection with Your use of the Website.
If you have any questions about the Website, or these Terms of Use, You may contact Us at the help@wubu.com.
Complaints about our Services or the Website will be dealt with in accordance with Our Complaints Handling Policy. You can obtain further detailed information on your rights by contacting the Company via contact details above. Please contact Us as soon as possible if you become aware of an error or any other problems related to the Website.
OWNERSHIP AND INTELLECTUAL PROPERTY
The materials on the Website, including without limitation, the text, user interface, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks, slogans, icons and logos contained therein (“Marks”), are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights in the United Arab Emirates and/ or other countries, as the case may be. Materials and Marks on the Website are provided to You “AS IS” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company.
Company reserves all rights not expressly granted herein, to the Website, Marks and the Materials. You agree to not engage in the use, copying, or distribution of any of the Marks and/ or Materials other than as expressly permitted herein, including any use, copying, or distribution of Marks and/ or Materials of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Marks and/ or Materials or enforce limitations on use of the Website or the Marks and/ or Materials therein.
DATA COLLECTION
You agree that the Company may periodically collect, store and use data (including, but not limited to technical information) in connection with Your use of the Website (“Usage Data”). In addition, Company’s systems may automatically collect other data about Your operations, depending on the specific technology used by You for the implementation of the Website. The Usage Data is the sole property of Company. We may use such data:
to provide You access to the Website;
to improve the Website;
to personalize and enhance the use of the Website;
to keep record of any correspondence that the Company has with You;
to address and troubleshoot any issues that You may have with the Website;
to evaluate Your use, preferences and trends for internal statistical and analytical purposes and in respect of operations and product development; or
for any other purpose that the Company may deem fit for the purpose of providing Services and access to the Website.
By visiting the Website, You hereby authorize us, directly or through Our third-party service providers, to seek information from Your network service provider, to obtain Your IP address and to obtain the location of Your IP address. Persons located in the countries specified as Restricted Jurisdictions (as defined hereinbelow) are not permitted to use the Website. This restriction also applies to residents and citizens of other nations while located in a jurisdiction where the Company does not provide its services (“Restricted Jurisdiction”). The fact that the Website is accessible in a Restricted Jurisdictions, or that the Website allows the use of the official language of a Restricted Jurisdictions, shall not be construed as a license to use the Website in such Restricted Jurisdictions. Any attempt to circumvent this restriction, including, by using a virtual private network, proxy or similar service that masks or manipulates the identification of Your real location, or by otherwise providing false or misleading information regarding Your citizenship, location or place of residence, or by using the Website through a third party or on behalf of a third party located in a Restricted Jurisdictions, shall be deemed to be a breach of these Terms of Use. In the event of the occurrence of such a breach of these Terms of Use, or in the event that the Company has reasonable grounds to suspect, that You are located in any of the Restricted Jurisdictions, the Company shall be entitled to suspend or terminate Your access to the Website without an obligation to provide You with advance notice, in accordance with all Applicable Laws.
The Company may share Your personal and other information (“User Information”) with Our affiliate companies or third parties to verify and validate information, and to address customer service matters. By using the Website, You hereby agree to Your User Information may be passed to third parties, solely for the purpose to facilitate Your usage of the Website. While the Company does not sell Your User information, We may need to share Your User Information with third parties acting on Our behalf or as may be required by law, regulations or the order of a court of competent jurisdiction. Company will use reasonable efforts to ensure that Your User Information is used in a reasonable manner, and You hereby agree and permit the Company to share Your User Information with regulators, law enforcement authorities and government agencies if the Company is so requested.
Company will store Your User Information in accordance with the data protection principles contained under the Applicable Law. All of Our policies related to Your User Information and its use by the Company shall be contained in the Privacy Policy.
As a Company, Company is bound by the Applicable Laws in the UAE targeted at ensuring compliance with anti-money laundering and counter -terrorist financing. The Company follows strict measures and standards to ensure ongoing compliance with these regulatory requirements. You understand that the standards are designed to prevent the misuse of the Website or the service to aid money laundering or terrorist financing activities. We take compliance very seriously and take all necessary steps to prohibit fraudulent transactions, report suspicious activities, and actively engage in the prevention of money laundering and related acts that facilitate money laundering, terrorist financing or any other financial crimes.
PROHIBITED USE OF THE WEBSITE
You agree that You shall not exploit the Website in any unauthorized way whatsoever, including but not limited to trespass, or materially burden the network capacity of Company and You shall not use the Website for any illegal or immoral purpose, or in violation of any Applicable Laws, such as laws governing intellectual property and other proprietary rights, data protection and privacy, anti-money laundering and currency control. You acknowledge that You are fully responsible for satisfying any legal and regulatory requirements applicable in countries and jurisdictions in which You operate.
Company reserves the right to apply any limits on the use of the Website as We deem fit, for example, by limiting the available features, or number of supported Users and/or transactions. We further reserve the right to publish such limitations, or to amend such limitations at will, in each case in Our sole discretion.
You may not use the Website to engage in the following categories of activities (“Prohibited Uses”), which shall include, but not be limited to:
Unlawful Activities. Activities which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in any countries, including but not limited to any sanctioned persons or countries, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information;
Abusive Activities. Actions which impose an unreasonable or disproportionately large load on Company’s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Website that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Website, other user’s accounts, computer systems or networks connected to the Website, through password mining or any other means;
Abuse Other Users. Interfere with another user’s access to or use the Website, or any part thereof, defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, privacy rights, publicity and intellectual property rights) of other users; incite, threaten, facilitate, promote, or encourage violent acts against other users; harvest or
otherwise collect information from the Website about other users, including without limitation, any personal identifiable data, without proper consent;
Fraud. Activities which operates to defraud Company or any other person; provide any false, inaccurate, or misleading information to the Company, gambling, lotteries; bidding fee auctions; sports forecasting or odds making, fantasy sports leagues with cash prizes, internet gaming, contests, sweepstakes, and games of chance; and
Intellectual Property Infringement. Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under any Applicable Law, including but not limited to, sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder, use of Company’s intellectual property, name, or logo, including use of Company’s trade or service marks, without express consent from the Company or in a manner that otherwise harms Company or the Company brand; or perform any action that implies an untrue endorsement by or affiliation with Company.
WARRANTIES AND DISCLAIMERS
EXCEPT WHERE EXPRESSLY PROVIDED FOR OTHERWISE, THIS WEBSITE AND THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. COMPANY, ON ITS OWN BEHALF AND ITS SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND ITS CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE AND ANY OF ITS CONTENT THEREON WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY OF ITS SERVICE PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (A) AS TO THE OPERATION OR AVAILABILITY OF WEBSITE OR THE SERVICES, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (B) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERRORFREE; (C) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE OR SERVICES; OR (D) THAT THE WEBSITE, SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT THEREFROM.
COMPANY MAKES NO REPRESENTATION IN RELATION TO THE SUITABILITY OF ANY INFORMATION, SOFTWARE, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, THE DISPLAY OR PROMOTION OF ANY VIRTUAL ASSETS ON THIS WEBSITE
DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF INVESTMENT THEREOF.
NOTHING ON THE WEBSITE CONSTITUTES ANY INVESTMENT ADVICE OR ANY INDUCEMENT OF INVESTMENT. YOU AGREE TO RELY ON THE WEBSITE OR ANY OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, AND DOES NOT GUARANTEE THAT THE USE OR OTHER EXPLOITATION OF THE WEBSITE WILL LEAD TO ANY FAVOURABLE RESULTS AS MAY BE EXPECTED BY YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, OR THROUGH THE WEBSITE WILL CONSTITUTE ANY WARRANTY AND/OR REPRESENTATION.
COMPANY MAY PAUSE OR INTERRUPT THE WEBSITE AT ANY TIME, AND YOU SHOULD EXPECT PERIODIC DOWNTIME FOR UPDATES TO THE WEBSITE.
LIABILITY
COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR INABILITY TO USE THE WEBSITE, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF YOUR USE OF OR ACCESS TO THE WEBSITE, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE WEBSITE, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER ANY SEPARATELY AGREED SERVICE-LEVEL AGREEMENTS, OR THE CLIENT AGREEMENT, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE WEBSITE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (IV) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF
OR ACCESS TO THE WEBSITE; OR (V) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA.
THIRD-PARTY WEBSITES
Company does not warrant that it possesses any ability to prevent or mitigate cyberattacks and modifications on the blockchain networks (“Modification”), and Company does not guarantee any insurance to You, from any cyberattacks.
INDEMNITIES
You agree that You shall defend, indemnify, and hold harmless, Company, and each of Our respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, expenses (including but not limited to debt collection expenses) and legal fees (including reasonable attorneys’ fees) incurred in connection with any claims, demands or damages arising out of or related to any breach of these Terms of Use by You, or Your violation of any Applicable Lawwhich may result in a breach of these Terms of Use by You, or arising out of or relating to any third party claim.
You agree to indemnify Company in respect of any damages and additional expense (including, but not limited to legal costs and debt collection expenses) which We may suffer or incur, directly or indirectly, as a result of unlawful actions conducted by You including by way of any Prohibited Uses, which may result in the breach of Your obligations under these Terms of Use.
APPLICABLE LAW AND JURISDICTION
Applicable Law. These Terms of Use are governed by the laws applicable in the Emirate of Dubai, United Arab Emirates.
Jurisdiction. In case of any disputes in relation to this Agreement or any Orders (including the execution and settlement thereof), you agree to submit to the exclusive jurisdiction of the Dubai Courts (excluding the DIFC courts).
MISCELLANEOUS
No relationship. The Company and You are intended to remain independent parties. Nothing under these Terms of Use shall be deemed or construed to create the relationship of principal and agent or of partnership or joint venture between Company and You.
No Assignment. These Terms of Use represent the entire agreement between Company and You, and supersedes any and all other agreements between the Company and You, whether written or oral, regarding the subject matter hereof (but not include any add-on services as may be requested by You). Unless otherwise specified in writing by Company, these Terms of Use shall govern and supersede any other agreement entered into between Company and You in respect of Your use of the Website. Company may assign its rights or obligations pursuant to these Terms of Use to any person as We see fit. You agree not to assign any rights under these Terms of Use without Company’s explicit written consent.
No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such term.
Notices. You agree to accept all communications from us via email. If we send an email to the email address on record for your account, you agree and understand that this constitutes notice from Us to You. If you email Us, this constitutes notice from You to Us. For all notices made by email, the date of receipt is considered to be the date of transmission.
Language. These Terms of Use and all documents and information in connection with the hereof will be provided in English. We will communicate with You in connection with these Terms of Use in English, and We will only accept instructions and notices from You in English.
Acceptance of terms. Your continued use of the Website shall constitute and be deemed as acceptance of these Terms of Use and any amendments hereof as set out above.
Severability. If any part of these Terms of Use shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms of Use, which shall remain in full force and effect. If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or partprovision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these Terms of Use.