Last updated: October 30th, 2023
Terms of Use
INTRODUCTION
This is a legally binding contract (the "Terms", "Agreement" or "Terms of Use") between you ("you", "your" or "users") and Aura551 Ltd., a company incorporated and acting under the laws of the Republic of Seychelles ("AuraExchange", "Company," "ourselves", "we" or "us"). It sets out the terms under which we provide you with the services using the website AuraExchange: https://aura5.cc/ (the "Website" or "Service"). Our "Service" means the Services we provide on our Website, and any related services or digital tools we offer to you.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE.
If you have concerns or questions about the ToU, please contact us at: hello@aura5.cc
If you have general support questions, please contact us at: hello@aura5.cc.
You must be eighteen years of age or older to use the Service. If you are not eighteen years old, do not use the Website and offered Services.
1. GENERAL PROVISIONS
1.1. By using this Website, you signify that you have read, understand and agree to be bound by this Terms of Use (the "ToU", "Terms" or "Agreement") and any other applicable law. The Company may change this Agreement at any time without any notice, effective upon its posting on the Website. Your continued use of the Website shall be considered your acceptance to the revised Terms. If you do not agree to this Agreement, please do not use this Website.
1.2. By signing up to create an Account with AuraExchange and use our Services, you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy.
1.3. Use of cryptocurrency may be illegal in some jurisdictions. It is your responsibility to know the regulatory requirements concerning transactions with cryptocurrency in your jurisdiction before using the Services.
1.4. For the purposes of this Agreement the following terms may be used:
1.5. You have understood, acknowledged and accepted the following DISCLAIMER:
1.5.1. The risk of loss in trading or holding any Cryptocurrency can be substantial. You should therefore carefully consider whether trading or holding any Cryptocurrency is suitable for you in light of your financial condition. In considering whether to trade or hold Cryptocurrency, you should be aware that the price or value of Cryptocurrency can change rapidly, decrease, and potentially even fall to zero.
1.5.2. You acknowledge that AuraExchange is not responsible for safeguarding or holding your Cryptocurrency, or any private keys or other security information to access your Cryptocurrency and that AuraExchange is not responsible for any loss of Cryptocurrency resulting from theft, loss, or mishandling of Cryptocurrency private keys or other security information outside its control.
1.5.3. Every purchase and sale of Cryptocurrency is effected on and confirmed by the respective network of that Cryptocurrency. The confirmation takes a period of time (usually less than one hour, but possibly one day or more). An Order is not complete until it is confirmed. Cryptocurrency associated with Orders that are in a pending state will be designated accordingly.
2. SERVICES PROVIDED
2.1. When using the Services, you are buying Cryptocurrency from, or selling Cryptocurrency to AuraExchange directly. AuraExchange does not act as an intermediary or marketplace between other buyers and sellers of Cryptocurrency.
2.2. AuraExchange will send / deliver Cryptocurrency to the wallet address indicated at the time of the Order subject to the conditions of this Agreement;
2.3. At no point during the purchase or sale, will AuraExchange be in possession or in control of your funds.
2.4. The Website provides non-custodial services, which means that we do not store your Digital Assets on deposits and balances.
2.5. Orders through AuraExchange are executed individually, one by one;
2.6. The Website is accessible 24 hours per day, 7 days per week. However, AuraExchange reserves the right, without providing notice or compensation, to temporarily suspend the Website or access to the Website in order to carry out work including, but not limited to: updates, maintenance operations and amendments to the servers, etc.
2.7. In order to protect the integrity of the Website, AuraExchange reserves the right at any time in its sole discretion to block users who violate this Agreement.
2.8. You shall prepare the devices and bear the costs as follows: (i) internet-connected device, including but not limited to computer or other internet-connected terminals; (ii) internet-accessing costs, including but not limited to internet fees, rental charges for internet-connected equipments, cellular data fees, etc.
2.9. While using the AuraExchange, You accept the information services provided by us. You hereby authorize us to send commercial information to You via e-mail, SMS, mobile notification, or mailing address. You can opt out of such services by changing relevant settings on the Website.
2.10. When the Website is unable to operate properly because of the circumstances stated below and you are not able to access the Services or place or cancel an Order, AuraExchange assumes no liability for damages.
Circumstances include but not limited to:
2.11. We shall not ask for any password from you, nor shall we ask you to transmit any funds, addresses, as applicable, that are not listed on the trading platform. We shall not be responsible for any losses caused by transmitting funds, addresses, as applicable, that are not listed on the trading platform.
3. ELIGIBILITY
3.1. To be eligible to use any of the Services, you confirm that you are:
3.1.1. at least 18 years old and have full capacity to contract under the applicable law;
3.1.2. not located in, under the control of, or a national or resident of the prohibited jurisdictions (Section 9 hereunder);
3.1.3.only transacting on the Website with legally-obtained funds that rightfully belong to you;
3.1.4. not previously been suspended or removed from using the Website and our Services;
3.1.5. not furthering, performing, undertaking, engaging in, aiding or abetting any unlawful activity through your relationship with us or through your use of the Website and Services;
3.1.6. are comporting with and obeying the terms of this Agreement and all applicable laws;
3.1.7. shall use the Website and Services only for the purposes related to personal non-commercial use and you do not represent any third party;
3.1.8. understand that engaging in the change of the Cryptocurrency may be risky;
3.1.9. acknowledge and agree that AuraExchange is not acting as your broker, intermediary, agent or advisor or in any fiduciary capacity, and no communication or information provided to you by AuraExchange shall be considered or construed as advice;
3.1.10. shall not mislead other users and third parties during using the Website;
3.1.11. will not take any action aimed solely at causing damage to AuraExchange or other third parties;
3.1.12. shall not reverse engineer, decompile or otherwise disassemble the Website or any AuraExchange's Service;
3.1.13. agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that AuraExchange provides in connection with your use of the Website and our services;
3.1.14. understand and acknowledge that any delays in services are possible;
3.1.15. shall not use proxy and VPN or other software for concealing your IP-address.
4. ACCOUNT REGISTRATION
4.1. To use the full functionality of the Website you shall create an Account by providing your name, email address and accepting the terms of this Agreement. By using AuraExchange Services, you agree and represent that you will use the Services only for yourself, and not on behalf of any third party. Upon successful completion of the Account creation, AuraExchange will establish your Account. You are fully responsible for all activity that occurs under your AuraExchange Account. We may, in our sole discretion, refuse to open an Account for you, or limit the number of Accounts that you may hold or suspend or terminate any Account, and are not required to provide you with the reasons for taking any such action.
4.2. As part of the registration process, you will provide us with the information that is requested as part of the Account opening process to identify and verify your identity and for the detection of anti-money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to start using the Services.
4.3. The information we request may include certain personal information including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details. In providing us with this or any other information that may be required, you confirm that the information is accurate and correct and you agree to keep us updated if any of the information you provide changes. We will treat this information in accordance with the data protection provisions, as set out in our Privacy Policy https://aura5.cc/privacy.
4.4. If applicable you authorize us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further our Services and/or before permitting you to engage in transactions beyond certain volume limits.
4.5. Failure to provide any information that we reasonably request from you pursuant to applicable money laundering laws and regulations after you have become a customer shall be grounds for the suspension of the provision of Services to you (including access to your Account) and/or the termination of this Agreement. The nature and extent of the information you are required to provide may differ, for example, based on the Services provided to you under this Agreement and/or the means of payment you use.
4.6. If you are from any of the high-risk and non-cooperative jurisdictions listed on the website of Financial Action Task Force (FATF), you are not allowed to register as a customer of this Website or use any service offered by this Website.
5. CRYPTOCURRENCY ORDERS
5.1. AuraExchange allows users to remit crypto assets out from deposit wallet address from external third-party service, into recipient wallet address from external third-party service except to certain limitations, which may be updated from time to time.
5.2. You may be charged fees by the third-party service you use to exchange. AuraExchange is not responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.
5.3. In some cases, the third-party service may reject your crypto assets to be processed, suspend the deposit, withdrawal, exchange of your crypto assets, or be not able to support the transfer, or may otherwise be unavailable.
5.4. You understand and acknowledge that a deposit wallet address crypto asset will be created automatically as soon as you request the deposit transfer and before any crypto asset can be remitted to the recipient wallet address and you fully and irrevocably authorize its creation.
5.5. In case you are required to verify that you possess crypto asset of the third-party service that you use to remit crypto asset to your wallet address, you undertake to provide such verification by following AuraExchange instructions.
5.6. When you exchange via the AuraExchange, you authorize AuraExchange to: record a transfer of Your crypto assets from deposit wallet address, into/on recipient wallet address and/or, where applicable, reserve Your crypto assets in accordance with such exchange, and charge you any applicable fees for such record.
5.7. When you are starting an exchange, a corresponding exchange rate is displayed. If you choose the fixed rate option, this rate will stay fixed while the transaction is being performed, regardless of the price fluctuations of the selected currency pair. By choosing the floating rate option for your trade, you allow the exchange rate to change during the processing of the trade according to the price fluctuations of your selected currency pair. In this case, the amount you receive may differ from the initially displayed amount. Maximum deviation from expected rate- 5%.
5.8. Cryptocurrency is prone to drastic volatility. During the time required to complete a transaction, the cryptocurrency price might change significantly. For this reason, the exchange rate at the moment when the transaction is completed might differ from the exchange rate when the transaction was requested. To avoid such issues, we recommend choosing a fixed rate when starting an exchange.
5.8.1. The applicable time for keeping the selected exchange rate and sending the deposit to our wallet address will be 30 (thirty) minutes from the moment of the exchange creation. In case the deposit amount is credited to our wallet address later than 30 (thirty) minutes after the exchange creation, we do not guarantee that the exchange rate will remain unchanged.
5.9. Once your deposit, withdrawal, exchange request is executed, a confirmation will be electronically made available via the Website detailing the particulars of the transfer and can be sent to your e-mail. You acknowledge and agree that the failure of the AuraExchange to provide such confirmation shall not prejudice or invalidate the terms of such transaction.
5.10. We may, at any time and in our sole discretion, refuse to perform any transfer requested via the Website, impose limits on the transfer amount permitted via the Website or impose any other conditions or restrictions upon your use of the Website without prior notice.
5.11. Due to fast movement and/or volatility in the marketplace and/or other reasons which may be applicable from time to time, we reserve the right not to execute your exchange, in the event that the actual market rate significantly increases or decreases in relation to the rate indicated by the AuraExchange in your trade order, in the event of market disruption or in any other event, as may be indicated by us, and, in such case, we will not transfer crypto assets under your trade order and, upon your separate instructions will:
5.12. We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Website.
5.13. You may only cancel a transfer request initiated via the Website if such cancellation occurs before AuraExchange executes the transfer. Once your transfer request has been executed, you may not change, withdraw or cancel your authorization for AuraExchange to complete such transfer. If user's instruction has been partially filled, you may cancel the unfilled remainder unless the AuraExchange has sent the execution request to the third parties. We reserve the right to refuse any cancellation request associated with a market rate trade order once you have submitted such order.
5.14. If you have an insufficient amount of crypto assets in your deposit wallet to complete a transfer, we may cancel the entire exchange or may fulfill a partial order using the amount of crypto assets currently available in your deposit wallet, less any fees owed to AuraExchange in connection with our execution of the transfers.
5.15. The AuraExchange's interest is included in the final rate of the user's change transactions. You don't need to pay additional fees directly to the AuraExchange, unless otherwise provided by this Agreement.
5.16. It is your responsibility to determine what, if any, taxes apply to the changes you complete via the Website and our services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that AuraExchange is not responsible for determining whether taxes apply to your exchanges or for collecting, reporting, withholding or remitting any taxes arising from any transactions.
5.17. For user who came to the Website via a link from site of the third party. The user confirms that since the user will pass to the link on the Website user agree this Agreement and Privacy Policy AuraExchange.
6. RETURNS AND REFUNDS
6.1. Once you have placed an Order has been made it cannot be canceled or recalled.
6.2. All Orders are final and cannot be refunded.
6.3. Once an Order has been sent to the Cryptocurrency wallet it cannot be recalled or retrieved under any circumstances.
6.4. You hereby agree that upon delivery, you will not be entitled to any credit or refund and all purchases and sales of Cryptocurrency are final. AuraExchange's obligation towards you will be absolutely discharged upon delivery of the Cryptocurrency to your wallet or fiat funds to your bank account and you shall have no claim or right against AuraExchange upon such delivery.
6.5. Please also note that Cryptocurrency transactions are irreversible. It is your sole responsibility to be vigilant of any fraud or mistake and to keep your private key safe. AuraExchange will not take responsibility to issue refunds, regardless of whether you were the victim of fraud, mistake or loss of private key.
7. SUSPENSION, TERMINATION, CANCELLATION
7.1. AuraExchange may: (a) refuse to complete, or block or cancel you have authorized, (b) suspend, restrict, or terminate your access to any or all of the Services, and/or (c) deactivate or cancel your Account with immediate effect for any reason, including but not limited to where:
7.1.1. We reasonably believe that we need to do so in order to protect our reputation;
7.1.2. We are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
7.1.3. We reasonably suspect you of acting in breach of this Agreement;
7.1.4. We have concerns that a transaction is erroneous or about the security of your Account or we suspect the Services are being used in a fraudulent or unauthorized manner;
7.1.5. We suspect money laundering, terrorist financing, fraud, or any other financial crime;
7.1.6. Use of your Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; and / or
7.1.7. You take any action that may circumvent our controls such as opening multiple AuraExchange Accounts or abusing promotions which we may offer from time to time.
7.1.8. You fail to provide on request such documentation as AuraExchange (or any third party whose services we use in providing the Services to you under this Agreement) reasonably requires in order to comply with its obligations under applicable money laundering laws and regulations or otherwise to ensure the verification of your identity and/or funding sources to AuraExchange satisfaction.
7.1.9. We reasonably believe that it is necessary or desirable to do so in order to protect the security of the Account, including circumstances where any Account details may have been lost or stolen.
7.2. In the case of any such suspension, we shall make reasonable efforts to inform you about the withholding or suspension, provided that such disclosure:
7.2.1. is not in breach of any applicable law or regulation and does not contravene the instruction of any competent authority or regulator; and
7.2.2. would not compromise our reasonable security measures.
7.3. AuraExchange shall not be liable to you for any losses you may suffer as a result of any reasonable action it takes to suspend the Account or withhold settlement of a Cryptocurrency Order in accordance with this section 7.
7.4. You will also be able to cancel your Account, at any time and free of charge, and will only be required to pay for those Services used that are subject to charges. If any Order is in a pending status at the time your Account is canceled or suspended, such Order will be completed before cancellation is effected. You may not cancel your Account to evade an investigation or avoid paying any amounts otherwise due to AuraExchange.
7.5. In the event that you or we terminate this Agreement or your access to the Services, or deactivate or cancel your Account, you will remain liable for all amounts due under this Agreement prior to this, including all fees and charges.
8. LIABILITY
8.1. Neither AuraExchange, nor any of its directors, employees or agents, shall be liable for any loss or damage sustained by you as a direct or indirect result of the provision by AuraExchange of its Services, save that nothing in this Agreement shall exclude or restrict any liability of AuraExchange resulting from:
8.1.1. death or personal injury;
8.1.2. for fraud, fraudulent misrepresentation or fraudulent misstatement; and/or
8.1.3. any statutory liability not capable of limitation.
8.2. AuraExchange shall not in any event be liable for loss of profits, loss of opportunity, loss of business, loss of savings, loss of goodwill, loss of Cryptocurrency, claims by third parties, loss of anticipated savings (whether direct or indirect) or for any type of special, direct, indirect or consequential loss howsoever caused, even if caused by AuraExchange's negligence and/or breach of contract and even if such loss was reasonably foreseeable or AuraExchange had been advised of the possibility of you incurring the same.
8.3. AuraExchange disclaims all liability associated with the use of Cryptocurrency, including:
8.3.1. unknown inherent technical defects;
8.3.2. regulatory or legislative changes; and
8.3.3. currency fluctuation.
8.4. AuraExchange shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. It is your responsibility to use 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 AuraExchange.
8.5. You indemnify and hold us, our subsidiaries, members, directors, partners, officers, employees, contractors and agents harmless from and against any loss, liability, claim, demand, damages, costs, expenses (including legal fees) which may arise from or in connection with the Services, any content on the Services shared by you or other users, any third party websites or resources found through the services, any users of the services, or any breach of this Agreement, applicable laws or any law or regulation in any jurisdiction.
8.6. Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Services and Site.
9. PROHIBITED JURISDICTIONS
9.1. By accessing and using our Services and the Website, you acknowledge and declare that you are not located in, or are not a citizen or resident of USA, United Kingdom, Afghanistan, North Korea, Democratic Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Sudan, Yemen, Iran, Iraq, Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, Lebanon or any other country subject to United Nations Security Council Sanctions List and its equivalent.
9.2. AuraExchange maintains the right to select its markets and jurisdictions to operate in and may restrict or deny its services to certain countries.
9.3. AuraExchange may seize any funds from the users in these jurisdictions and donate them to a charity at AuraExchange's sole discretion.
9.4. Use of the Website is void where prohibited by applicable law.
9.5. AuraExchange has the right to obtain your IP-address. If the IP-address is allocated in the prohibited jurisdiction, AuraExchange can deny you access to the Website and provide Services.
10. TERM
10.1. This Agreement will commence in the manner set out in the Introduction section and will continue unless either party notifies the other of termination, in writing, in accordance with this Agreement.
10.2. This Agreement can be terminated immediately by the Customer providing written notice to us.
10.3. This Agreement can be terminated by us in accordance with all the provisions of this Agreement.
11. MODIFYING WEBSITE
11.1. AuraExchange is constantly changing and improving the Website and its Services.
11.2. AuraExchange has the right to add or remove functionalities or features to the Website, or add or create new limits for using the Website and its services at any time.
12. GOVERNING LAW AND ARBITRATION
12.1. This Terms in its entirety is a contract concluded under the laws of the Republic of Seychelles, and relevant laws of the Republic of Seychelles shall apply to its establishment, interpretation, content and enforcement. Any claims or actions arising out of or relating to the Services agreed in this Agreement shall be governed and interpreted and enforced in accordance with the laws of the Republic of Seychelles.
12.2. For the avoidance of doubt, this section shall be expressly applicable to any tort claim against us. The competent court for any claim or action against us or in relation to us shall be in the Republic of Seychelles. You have unconditional access to exclusive jurisdiction in court proceedings and appeals in the courts of the Republic of Seychelles. You also unconditionally agree that the venue or competent court for any dispute or problem relating to this Agreement or any claim and proceeding arising from this Agreement shall be exclusively in the Republic of Seychelles.
12.3. If any other business of this Website is subject to any special agreement on jurisdiction, such agreement shall prevail. The Doctrine of Forum Non Conveniens does not apply to the court of choice under this Agreement.
13. COPYRIGHT PROTECTION
13.1. Using the Website does not give you ownership of any intellectual property rights in the Website, any software or the content you access.
13.2. The materials contained in the Website are protected by applicable copyright and trademark laws and treaties.
13.3. Use of search queries comprising a direct domain name or the brand name such as (but not limited to), AuraExchange.cc, AuraEx-change, etc. is prohibited in paid SEA advertisements used to attract affiliates. Violation of this rule may result in exclusion from the affiliate program.
14. ASSIGNMENT
14.1. AuraExchange may transfer rights and obligations under this Agreement to third parties without the additional consent from you.
14.2. The user is entitled to assign its rights and obligations under this Agreement to any third party only with prior written consent of AuraExchange.
15. LINKS TO THIRD PARTY SITES
15.1. The Website may contain links or submit access to the third parties sites and to the content displayed on such sites which is the result of intellectual activity of the third parties and protected in accordance with the applicable laws. AuraExchange does not check these sites and the content displayed on them for compliance with the applicable laws. AuraExchange is not responsible for any information or content displayed on such sites to which the user gets access through the Website, including, any opinions or statements expressed on such third parties sites.
15.2. The user confirms that since the user will pass to the link on the Website to the site of the third party, the relations between the AuraExchange and the user shall terminate and the AuraExchange is not responsible for the accuracy of the information displayed on the websites of the third parties, use the services and content of the third parties by the user, the validity of such use and quality of the services and content displayed on the third party's sites.
15.3. The user confirms that since the User will using widget of the third party in the Website, the relations between the AuraExchange and the user shall terminate and user agree to the Terms of Sevices the of the third party. AuraExchange is not responsible for the exchange, work, quality of the services of the third parties.
16. ENTIRE AGREEMENT
These Terms are the full agreement between you and us regarding the Service, and it supersedes any other written or oral terms that you may have seen, or that may have been exchanged between us. There are no third party beneficiaries to this Agreement other than those explicitly identified as such in this Agreement.
17. SEVERANCE AND VALIDITY
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any relevant jurisdiction, such provision shall be deemed to be severed from this Agreement and shall be replaced with one having an effect as close as possible to the deficient provision.
18. MODIFICATIONS
18.1. AuraExchange may revise these Agreement at any time and without notice to you or third parties. AuraExchange reserves the right to make any changes retroactive.
18.2. By using the Website, you agree to be bound by the then-current version of these Agreement. Herewith continuation of the usage of the Website after making changes or amendments to these Agreement means acceptance of the User of such changes or amendments, and therefore the User shall regularly monitor changes in these Agreement.
19. CONTACT US
If you have any inquiries or complaints, you may contact us by email: hello@aura5.cc
This is a legally binding contract (the "Terms", "Agreement" or "Terms of Use") between you ("you", "your" or "users") and Aura551 Ltd., a company incorporated and acting under the laws of the Republic of Seychelles ("AuraExchange", "Company," "ourselves", "we" or "us"). It sets out the terms under which we provide you with the services using the website AuraExchange: https://aura5.cc/ (the "Website" or "Service"). Our "Service" means the Services we provide on our Website, and any related services or digital tools we offer to you.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE.
If you have concerns or questions about the ToU, please contact us at: hello@aura5.cc
If you have general support questions, please contact us at: hello@aura5.cc.
You must be eighteen years of age or older to use the Service. If you are not eighteen years old, do not use the Website and offered Services.
1. GENERAL PROVISIONS
1.1. By using this Website, you signify that you have read, understand and agree to be bound by this Terms of Use (the "ToU", "Terms" or "Agreement") and any other applicable law. The Company may change this Agreement at any time without any notice, effective upon its posting on the Website. Your continued use of the Website shall be considered your acceptance to the revised Terms. If you do not agree to this Agreement, please do not use this Website.
1.2. By signing up to create an Account with AuraExchange and use our Services, you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy.
1.3. Use of cryptocurrency may be illegal in some jurisdictions. It is your responsibility to know the regulatory requirements concerning transactions with cryptocurrency in your jurisdiction before using the Services.
1.4. For the purposes of this Agreement the following terms may be used:
- "Account" means an online account created by you in order to access the Services;
- "Business Day" means any day which is not a Saturday, Sunday or public holiday in the respective jurisdiction referred to at Introduction section, and which the banks are open for business in such jurisdiction;
- "Cryptocurrency" or "Cryptocurrencies" means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically. The definition of Cryptocurrency also includes "right to, or interest in, the Cryptocurrency";
- "Digital Asset" refer to blockchain-based software ledger data entries;
- "Order" means a request for the Services;
- "Partner" means third party firms who refer you to AuraExchange in order to purchase and/or sell Cryptocurrencies;
- "Partner Sites" means Partner's mobile applications and websites;
- "Party" means either you or us. For the avoidance of any doubt, the contracting Parties under this Agreement are you and AuraExchange.
1.5. You have understood, acknowledged and accepted the following DISCLAIMER:
1.5.1. The risk of loss in trading or holding any Cryptocurrency can be substantial. You should therefore carefully consider whether trading or holding any Cryptocurrency is suitable for you in light of your financial condition. In considering whether to trade or hold Cryptocurrency, you should be aware that the price or value of Cryptocurrency can change rapidly, decrease, and potentially even fall to zero.
1.5.2. You acknowledge that AuraExchange is not responsible for safeguarding or holding your Cryptocurrency, or any private keys or other security information to access your Cryptocurrency and that AuraExchange is not responsible for any loss of Cryptocurrency resulting from theft, loss, or mishandling of Cryptocurrency private keys or other security information outside its control.
1.5.3. Every purchase and sale of Cryptocurrency is effected on and confirmed by the respective network of that Cryptocurrency. The confirmation takes a period of time (usually less than one hour, but possibly one day or more). An Order is not complete until it is confirmed. Cryptocurrency associated with Orders that are in a pending state will be designated accordingly.
2. SERVICES PROVIDED
2.1. When using the Services, you are buying Cryptocurrency from, or selling Cryptocurrency to AuraExchange directly. AuraExchange does not act as an intermediary or marketplace between other buyers and sellers of Cryptocurrency.
2.2. AuraExchange will send / deliver Cryptocurrency to the wallet address indicated at the time of the Order subject to the conditions of this Agreement;
2.3. At no point during the purchase or sale, will AuraExchange be in possession or in control of your funds.
2.4. The Website provides non-custodial services, which means that we do not store your Digital Assets on deposits and balances.
2.5. Orders through AuraExchange are executed individually, one by one;
2.6. The Website is accessible 24 hours per day, 7 days per week. However, AuraExchange reserves the right, without providing notice or compensation, to temporarily suspend the Website or access to the Website in order to carry out work including, but not limited to: updates, maintenance operations and amendments to the servers, etc.
2.7. In order to protect the integrity of the Website, AuraExchange reserves the right at any time in its sole discretion to block users who violate this Agreement.
2.8. You shall prepare the devices and bear the costs as follows: (i) internet-connected device, including but not limited to computer or other internet-connected terminals; (ii) internet-accessing costs, including but not limited to internet fees, rental charges for internet-connected equipments, cellular data fees, etc.
2.9. While using the AuraExchange, You accept the information services provided by us. You hereby authorize us to send commercial information to You via e-mail, SMS, mobile notification, or mailing address. You can opt out of such services by changing relevant settings on the Website.
2.10. When the Website is unable to operate properly because of the circumstances stated below and you are not able to access the Services or place or cancel an Order, AuraExchange assumes no liability for damages.
Circumstances include but not limited to:
- (i) system downtime during maintenance as announced by our Website;
- (ii) telecom or Networking equipment issues;
- (iii) typhoon, earthquake, tsunami, flood, power failure, war, terrorist attacks, and other force majeure factors;
- (iv) any other issues, including hacker attacks, computer virus intrusion or attack, Website or backend maintenance and upgrade, banking related issues, government regulation or mandates, and any other third party issues.
2.11. We shall not ask for any password from you, nor shall we ask you to transmit any funds, addresses, as applicable, that are not listed on the trading platform. We shall not be responsible for any losses caused by transmitting funds, addresses, as applicable, that are not listed on the trading platform.
3. ELIGIBILITY
3.1. To be eligible to use any of the Services, you confirm that you are:
3.1.1. at least 18 years old and have full capacity to contract under the applicable law;
3.1.2. not located in, under the control of, or a national or resident of the prohibited jurisdictions (Section 9 hereunder);
3.1.3.only transacting on the Website with legally-obtained funds that rightfully belong to you;
3.1.4. not previously been suspended or removed from using the Website and our Services;
3.1.5. not furthering, performing, undertaking, engaging in, aiding or abetting any unlawful activity through your relationship with us or through your use of the Website and Services;
3.1.6. are comporting with and obeying the terms of this Agreement and all applicable laws;
3.1.7. shall use the Website and Services only for the purposes related to personal non-commercial use and you do not represent any third party;
3.1.8. understand that engaging in the change of the Cryptocurrency may be risky;
3.1.9. acknowledge and agree that AuraExchange is not acting as your broker, intermediary, agent or advisor or in any fiduciary capacity, and no communication or information provided to you by AuraExchange shall be considered or construed as advice;
3.1.10. shall not mislead other users and third parties during using the Website;
3.1.11. will not take any action aimed solely at causing damage to AuraExchange or other third parties;
3.1.12. shall not reverse engineer, decompile or otherwise disassemble the Website or any AuraExchange's Service;
3.1.13. agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that AuraExchange provides in connection with your use of the Website and our services;
3.1.14. understand and acknowledge that any delays in services are possible;
3.1.15. shall not use proxy and VPN or other software for concealing your IP-address.
4. ACCOUNT REGISTRATION
4.1. To use the full functionality of the Website you shall create an Account by providing your name, email address and accepting the terms of this Agreement. By using AuraExchange Services, you agree and represent that you will use the Services only for yourself, and not on behalf of any third party. Upon successful completion of the Account creation, AuraExchange will establish your Account. You are fully responsible for all activity that occurs under your AuraExchange Account. We may, in our sole discretion, refuse to open an Account for you, or limit the number of Accounts that you may hold or suspend or terminate any Account, and are not required to provide you with the reasons for taking any such action.
4.2. As part of the registration process, you will provide us with the information that is requested as part of the Account opening process to identify and verify your identity and for the detection of anti-money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to start using the Services.
4.3. The information we request may include certain personal information including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details. In providing us with this or any other information that may be required, you confirm that the information is accurate and correct and you agree to keep us updated if any of the information you provide changes. We will treat this information in accordance with the data protection provisions, as set out in our Privacy Policy https://aura5.cc/privacy.
4.4. If applicable you authorize us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further our Services and/or before permitting you to engage in transactions beyond certain volume limits.
4.5. Failure to provide any information that we reasonably request from you pursuant to applicable money laundering laws and regulations after you have become a customer shall be grounds for the suspension of the provision of Services to you (including access to your Account) and/or the termination of this Agreement. The nature and extent of the information you are required to provide may differ, for example, based on the Services provided to you under this Agreement and/or the means of payment you use.
4.6. If you are from any of the high-risk and non-cooperative jurisdictions listed on the website of Financial Action Task Force (FATF), you are not allowed to register as a customer of this Website or use any service offered by this Website.
5. CRYPTOCURRENCY ORDERS
5.1. AuraExchange allows users to remit crypto assets out from deposit wallet address from external third-party service, into recipient wallet address from external third-party service except to certain limitations, which may be updated from time to time.
5.2. You may be charged fees by the third-party service you use to exchange. AuraExchange is not responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.
5.3. In some cases, the third-party service may reject your crypto assets to be processed, suspend the deposit, withdrawal, exchange of your crypto assets, or be not able to support the transfer, or may otherwise be unavailable.
5.4. You understand and acknowledge that a deposit wallet address crypto asset will be created automatically as soon as you request the deposit transfer and before any crypto asset can be remitted to the recipient wallet address and you fully and irrevocably authorize its creation.
5.5. In case you are required to verify that you possess crypto asset of the third-party service that you use to remit crypto asset to your wallet address, you undertake to provide such verification by following AuraExchange instructions.
5.6. When you exchange via the AuraExchange, you authorize AuraExchange to: record a transfer of Your crypto assets from deposit wallet address, into/on recipient wallet address and/or, where applicable, reserve Your crypto assets in accordance with such exchange, and charge you any applicable fees for such record.
5.7. When you are starting an exchange, a corresponding exchange rate is displayed. If you choose the fixed rate option, this rate will stay fixed while the transaction is being performed, regardless of the price fluctuations of the selected currency pair. By choosing the floating rate option for your trade, you allow the exchange rate to change during the processing of the trade according to the price fluctuations of your selected currency pair. In this case, the amount you receive may differ from the initially displayed amount. Maximum deviation from expected rate- 5%.
5.8. Cryptocurrency is prone to drastic volatility. During the time required to complete a transaction, the cryptocurrency price might change significantly. For this reason, the exchange rate at the moment when the transaction is completed might differ from the exchange rate when the transaction was requested. To avoid such issues, we recommend choosing a fixed rate when starting an exchange.
5.8.1. The applicable time for keeping the selected exchange rate and sending the deposit to our wallet address will be 30 (thirty) minutes from the moment of the exchange creation. In case the deposit amount is credited to our wallet address later than 30 (thirty) minutes after the exchange creation, we do not guarantee that the exchange rate will remain unchanged.
5.9. Once your deposit, withdrawal, exchange request is executed, a confirmation will be electronically made available via the Website detailing the particulars of the transfer and can be sent to your e-mail. You acknowledge and agree that the failure of the AuraExchange to provide such confirmation shall not prejudice or invalidate the terms of such transaction.
5.10. We may, at any time and in our sole discretion, refuse to perform any transfer requested via the Website, impose limits on the transfer amount permitted via the Website or impose any other conditions or restrictions upon your use of the Website without prior notice.
5.11. Due to fast movement and/or volatility in the marketplace and/or other reasons which may be applicable from time to time, we reserve the right not to execute your exchange, in the event that the actual market rate significantly increases or decreases in relation to the rate indicated by the AuraExchange in your trade order, in the event of market disruption or in any other event, as may be indicated by us, and, in such case, we will not transfer crypto assets under your trade order and, upon your separate instructions will:
- return the funds to your wallet address;
- or execute your exchange in accordance with the rate newly indicated by the Website;
- or proceed otherwise, as reasonably instructed by the user.
5.12. We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Website.
5.13. You may only cancel a transfer request initiated via the Website if such cancellation occurs before AuraExchange executes the transfer. Once your transfer request has been executed, you may not change, withdraw or cancel your authorization for AuraExchange to complete such transfer. If user's instruction has been partially filled, you may cancel the unfilled remainder unless the AuraExchange has sent the execution request to the third parties. We reserve the right to refuse any cancellation request associated with a market rate trade order once you have submitted such order.
5.14. If you have an insufficient amount of crypto assets in your deposit wallet to complete a transfer, we may cancel the entire exchange or may fulfill a partial order using the amount of crypto assets currently available in your deposit wallet, less any fees owed to AuraExchange in connection with our execution of the transfers.
5.15. The AuraExchange's interest is included in the final rate of the user's change transactions. You don't need to pay additional fees directly to the AuraExchange, unless otherwise provided by this Agreement.
5.16. It is your responsibility to determine what, if any, taxes apply to the changes you complete via the Website and our services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that AuraExchange is not responsible for determining whether taxes apply to your exchanges or for collecting, reporting, withholding or remitting any taxes arising from any transactions.
5.17. For user who came to the Website via a link from site of the third party. The user confirms that since the user will pass to the link on the Website user agree this Agreement and Privacy Policy AuraExchange.
6. RETURNS AND REFUNDS
6.1. Once you have placed an Order has been made it cannot be canceled or recalled.
6.2. All Orders are final and cannot be refunded.
6.3. Once an Order has been sent to the Cryptocurrency wallet it cannot be recalled or retrieved under any circumstances.
6.4. You hereby agree that upon delivery, you will not be entitled to any credit or refund and all purchases and sales of Cryptocurrency are final. AuraExchange's obligation towards you will be absolutely discharged upon delivery of the Cryptocurrency to your wallet or fiat funds to your bank account and you shall have no claim or right against AuraExchange upon such delivery.
6.5. Please also note that Cryptocurrency transactions are irreversible. It is your sole responsibility to be vigilant of any fraud or mistake and to keep your private key safe. AuraExchange will not take responsibility to issue refunds, regardless of whether you were the victim of fraud, mistake or loss of private key.
7. SUSPENSION, TERMINATION, CANCELLATION
7.1. AuraExchange may: (a) refuse to complete, or block or cancel you have authorized, (b) suspend, restrict, or terminate your access to any or all of the Services, and/or (c) deactivate or cancel your Account with immediate effect for any reason, including but not limited to where:
7.1.1. We reasonably believe that we need to do so in order to protect our reputation;
7.1.2. We are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
7.1.3. We reasonably suspect you of acting in breach of this Agreement;
7.1.4. We have concerns that a transaction is erroneous or about the security of your Account or we suspect the Services are being used in a fraudulent or unauthorized manner;
7.1.5. We suspect money laundering, terrorist financing, fraud, or any other financial crime;
7.1.6. Use of your Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; and / or
7.1.7. You take any action that may circumvent our controls such as opening multiple AuraExchange Accounts or abusing promotions which we may offer from time to time.
7.1.8. You fail to provide on request such documentation as AuraExchange (or any third party whose services we use in providing the Services to you under this Agreement) reasonably requires in order to comply with its obligations under applicable money laundering laws and regulations or otherwise to ensure the verification of your identity and/or funding sources to AuraExchange satisfaction.
7.1.9. We reasonably believe that it is necessary or desirable to do so in order to protect the security of the Account, including circumstances where any Account details may have been lost or stolen.
7.2. In the case of any such suspension, we shall make reasonable efforts to inform you about the withholding or suspension, provided that such disclosure:
7.2.1. is not in breach of any applicable law or regulation and does not contravene the instruction of any competent authority or regulator; and
7.2.2. would not compromise our reasonable security measures.
7.3. AuraExchange shall not be liable to you for any losses you may suffer as a result of any reasonable action it takes to suspend the Account or withhold settlement of a Cryptocurrency Order in accordance with this section 7.
7.4. You will also be able to cancel your Account, at any time and free of charge, and will only be required to pay for those Services used that are subject to charges. If any Order is in a pending status at the time your Account is canceled or suspended, such Order will be completed before cancellation is effected. You may not cancel your Account to evade an investigation or avoid paying any amounts otherwise due to AuraExchange.
7.5. In the event that you or we terminate this Agreement or your access to the Services, or deactivate or cancel your Account, you will remain liable for all amounts due under this Agreement prior to this, including all fees and charges.
8. LIABILITY
8.1. Neither AuraExchange, nor any of its directors, employees or agents, shall be liable for any loss or damage sustained by you as a direct or indirect result of the provision by AuraExchange of its Services, save that nothing in this Agreement shall exclude or restrict any liability of AuraExchange resulting from:
8.1.1. death or personal injury;
8.1.2. for fraud, fraudulent misrepresentation or fraudulent misstatement; and/or
8.1.3. any statutory liability not capable of limitation.
8.2. AuraExchange shall not in any event be liable for loss of profits, loss of opportunity, loss of business, loss of savings, loss of goodwill, loss of Cryptocurrency, claims by third parties, loss of anticipated savings (whether direct or indirect) or for any type of special, direct, indirect or consequential loss howsoever caused, even if caused by AuraExchange's negligence and/or breach of contract and even if such loss was reasonably foreseeable or AuraExchange had been advised of the possibility of you incurring the same.
8.3. AuraExchange disclaims all liability associated with the use of Cryptocurrency, including:
8.3.1. unknown inherent technical defects;
8.3.2. regulatory or legislative changes; and
8.3.3. currency fluctuation.
8.4. AuraExchange shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. It is your responsibility to use 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 AuraExchange.
8.5. You indemnify and hold us, our subsidiaries, members, directors, partners, officers, employees, contractors and agents harmless from and against any loss, liability, claim, demand, damages, costs, expenses (including legal fees) which may arise from or in connection with the Services, any content on the Services shared by you or other users, any third party websites or resources found through the services, any users of the services, or any breach of this Agreement, applicable laws or any law or regulation in any jurisdiction.
8.6. Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Services and Site.
9. PROHIBITED JURISDICTIONS
9.1. By accessing and using our Services and the Website, you acknowledge and declare that you are not located in, or are not a citizen or resident of USA, United Kingdom, Afghanistan, North Korea, Democratic Republic of Congo, Eritrea, Libya, Somalia, South Sudan, Sudan, Yemen, Iran, Iraq, Cuba, Syria, Mali, Central African Republic, Guinea-Bissau, Lebanon or any other country subject to United Nations Security Council Sanctions List and its equivalent.
9.2. AuraExchange maintains the right to select its markets and jurisdictions to operate in and may restrict or deny its services to certain countries.
9.3. AuraExchange may seize any funds from the users in these jurisdictions and donate them to a charity at AuraExchange's sole discretion.
9.4. Use of the Website is void where prohibited by applicable law.
9.5. AuraExchange has the right to obtain your IP-address. If the IP-address is allocated in the prohibited jurisdiction, AuraExchange can deny you access to the Website and provide Services.
10. TERM
10.1. This Agreement will commence in the manner set out in the Introduction section and will continue unless either party notifies the other of termination, in writing, in accordance with this Agreement.
10.2. This Agreement can be terminated immediately by the Customer providing written notice to us.
10.3. This Agreement can be terminated by us in accordance with all the provisions of this Agreement.
11. MODIFYING WEBSITE
11.1. AuraExchange is constantly changing and improving the Website and its Services.
11.2. AuraExchange has the right to add or remove functionalities or features to the Website, or add or create new limits for using the Website and its services at any time.
12. GOVERNING LAW AND ARBITRATION
12.1. This Terms in its entirety is a contract concluded under the laws of the Republic of Seychelles, and relevant laws of the Republic of Seychelles shall apply to its establishment, interpretation, content and enforcement. Any claims or actions arising out of or relating to the Services agreed in this Agreement shall be governed and interpreted and enforced in accordance with the laws of the Republic of Seychelles.
12.2. For the avoidance of doubt, this section shall be expressly applicable to any tort claim against us. The competent court for any claim or action against us or in relation to us shall be in the Republic of Seychelles. You have unconditional access to exclusive jurisdiction in court proceedings and appeals in the courts of the Republic of Seychelles. You also unconditionally agree that the venue or competent court for any dispute or problem relating to this Agreement or any claim and proceeding arising from this Agreement shall be exclusively in the Republic of Seychelles.
12.3. If any other business of this Website is subject to any special agreement on jurisdiction, such agreement shall prevail. The Doctrine of Forum Non Conveniens does not apply to the court of choice under this Agreement.
13. COPYRIGHT PROTECTION
13.1. Using the Website does not give you ownership of any intellectual property rights in the Website, any software or the content you access.
13.2. The materials contained in the Website are protected by applicable copyright and trademark laws and treaties.
13.3. Use of search queries comprising a direct domain name or the brand name such as (but not limited to), AuraExchange.cc, AuraEx-change, etc. is prohibited in paid SEA advertisements used to attract affiliates. Violation of this rule may result in exclusion from the affiliate program.
14. ASSIGNMENT
14.1. AuraExchange may transfer rights and obligations under this Agreement to third parties without the additional consent from you.
14.2. The user is entitled to assign its rights and obligations under this Agreement to any third party only with prior written consent of AuraExchange.
15. LINKS TO THIRD PARTY SITES
15.1. The Website may contain links or submit access to the third parties sites and to the content displayed on such sites which is the result of intellectual activity of the third parties and protected in accordance with the applicable laws. AuraExchange does not check these sites and the content displayed on them for compliance with the applicable laws. AuraExchange is not responsible for any information or content displayed on such sites to which the user gets access through the Website, including, any opinions or statements expressed on such third parties sites.
15.2. The user confirms that since the user will pass to the link on the Website to the site of the third party, the relations between the AuraExchange and the user shall terminate and the AuraExchange is not responsible for the accuracy of the information displayed on the websites of the third parties, use the services and content of the third parties by the user, the validity of such use and quality of the services and content displayed on the third party's sites.
15.3. The user confirms that since the User will using widget of the third party in the Website, the relations between the AuraExchange and the user shall terminate and user agree to the Terms of Sevices the of the third party. AuraExchange is not responsible for the exchange, work, quality of the services of the third parties.
16. ENTIRE AGREEMENT
These Terms are the full agreement between you and us regarding the Service, and it supersedes any other written or oral terms that you may have seen, or that may have been exchanged between us. There are no third party beneficiaries to this Agreement other than those explicitly identified as such in this Agreement.
17. SEVERANCE AND VALIDITY
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any relevant jurisdiction, such provision shall be deemed to be severed from this Agreement and shall be replaced with one having an effect as close as possible to the deficient provision.
18. MODIFICATIONS
18.1. AuraExchange may revise these Agreement at any time and without notice to you or third parties. AuraExchange reserves the right to make any changes retroactive.
18.2. By using the Website, you agree to be bound by the then-current version of these Agreement. Herewith continuation of the usage of the Website after making changes or amendments to these Agreement means acceptance of the User of such changes or amendments, and therefore the User shall regularly monitor changes in these Agreement.
19. CONTACT US
If you have any inquiries or complaints, you may contact us by email: hello@aura5.cc