Terms and Conditions
Please read these terms of service carefully. By creating an account or by accessing or using the services, you agree to be legally bound by these terms of service and all terms incorporated by reference.
The contents and information in these Terms and Conditions of Use will be subject to change without further notice.
Summary of Terms of Service
This summary of our Terms and Conditions of Use offers you an overview of the key terms that apply to your use of our website and trading services. While we hope this summary section is helpful, you should read the complete Terms and Conditions of Use below since they provide important information about how our services work. Please note that we refer to our online service where you can execute trades as "Weever".
• Our Services
Weever Fintech Limited (“Weever”), a subsidiary of the Hong Kong-listed Fintech pioneer CASH Financial Services Group Limited (SEHK: 510) (“CFSG”), aims at providing commission-free cryptocurrency trading services with smart efficient access to cryptocurrency markets.
Weever provides you with a simple and convenient way to trade Fiat Currency (such as U.S. dollars) for digital assets (such as Bitcoin and Ether) and vice versa, and to trade one type of digital asset for another type of digital asset. Our Services accept Fiat Currencies such as Hong Kong Dollars (HKD), Renminbi (RMB) and US Dollars (USD) but display Fiat Currencies in USD only. We do not provide users with the ability to trade one form of Fiat Currency for another form of Fiat Currency. Additionally, the range of services available to you will depend on which jurisdiction from which you access Weever.
Weever provides you with a platform that matches your trades with open orders from other users of our services at your direction. Users are not able to predetermine a trade with a particular user or with a particular account. Additionally, an order may be partially filled or may be filled by multiple matching orders.
• Eligibility and Acceptable Use
You must meet certain eligibility criteria to use Weever. For instance, you must be an adult and there are certain locations from which you may not be able to use some or all of Weever Trading Platform services. Additionally, there are certain things you cannot do when using Weever, such as engage in illegal activities, lie, or do anything that would cause damage to our services or systems. Please see the acceptable use section for more details.
• Trading Risks
Engaging in trades may be risky, especially if you engage in any margin trades or use any other sophisticated trading options. Please do not use Weever if you do not understand these risks.
• Other Important Legal Terms
There are important legal terms provided below in the complete Terms and Conditions of Use, including your indemnification responsibilities, our limitation of liability and warranty disclaimers, and your agreement to arbitrate most disputes. Please take the time to read these terms carefully. You can always contact us at email@example.com.
Complete Terms of Services
These Terms of Service and any terms expressly incorporated herein ("Terms") apply to your access to and use of the websites and mobile applications provided by Weever, and its affiliates (collectively, "Weever", "we", or "us"), and the trading services provided by Weever as described in these Terms (collectively, our "Services").
1. KEY DEFINITIONS
Capitalized terms not otherwise defined in these Terms will have the following meaning:
1) "Funds" means Digital Asset and/or Fiat Currency.
2) "External Account" means any Financial Account or Digital Asset Account: (i) from which you may load Funds into your Weever Account, and (ii) to which you may push Funds from your Weever Account.
3) "Financial Account" means any financial account of which you are the beneficial owner that is maintained by a third party outside of the Services, including, but not limited to third-party payment service accounts or accounts maintained by third party financial institutions.
4) "Fiat Currency" means any national currency, such as U.S. dollars, that may be used in connection with a purchase or sale of Digital Assets via the Services, and does not include any Digital Asset.
5) "Weever Account" means a user account accessible via the Services where Funds may be stored by Weever on behalf of a user.
6) "Digital Asset" means Bitcoin, Ether and other digital assets that may be purchased, sold or traded via the Services.
7) "Digital Asset Account" means any Digital Asset address or account owned or operated by you that is maintained outside of the Services, and is not owned, controlled or operated by Weever.
8) “User”, means the individual using or accessing Weever and accepting this Terms and Conditions of Use.
9) “Client”, “your” or “you” means the individual who has submitted to Weever the required documents and personal information in order to complete the KYC and AML checks.
Weever is principally designed for providing services to Hong Kong bank account holders and is not intended to be accessed by citizens of the United States. It is the responsibility of any persons who access the information contained herein to observe the applicable laws and regulations of their relevant jurisdictions. All persons must disclose all their nationalities and places of residence during the account opening procedure.
Weever may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain foreign jurisdictions ("Restricted Locations"). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which the Hong Kong has embargoed goods or services; (e) are not identified as a "Specially Designated National;" (f) are not placed on the authorities’ Denied Persons List; and (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
3. WEEVER ACCOUNT
1) Number of Weever Accounts.
Weever may, in its sole discretion, limit the number of Weever Accounts that you may hold, maintain or acquire.
2) Weever Account Information and Security.
In order to engage in any trades via the Services, you must create a Weever Account and provide any requested information. When you create a Weever Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your Weever Account information; (d) maintain the security of your Weever Account by protecting your password and restricting access to your Weever Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Weever Account; and (f) take responsibility for all activities that occur under your Weever Account and accept all risks of any authorized or unauthorized access to your Weever Account, to the maximum extent permitted by law.
5. GENERAL OBLIGATIONS
This Section applies to: (i) all trades completed via the Services, and (ii) any transaction in which you load Funds into your Weever Account from your External Account or push Funds from your Weever Account into an External Account.
1) Conditions and Restrictions. We may, at any time and in our sole discretion, refuse any trade submitted via the Services, impose limits on the trade amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services without prior notice. For example, we may limit the number of open orders that you may establish via the Services or we may restrict trades from certain locations.
2) Accuracy of Information. You must provide any information required when creating a Weever Account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete.
3) Cancellations. You may only cancel an order initiated via the Services if such cancellation occurs before Weever executes the transaction. Once your order has been executed, you may not change, withdraw or cancel your authorization for Weever to complete such transaction. If an order has been partially filled, you may cancel the unfilled remainder unless the order relates to a market trade. We reserve the right to refuse any cancellation request associated with a market order once you have submitted such order. In contrast to exchange orders, all trades are irreversible once initiated. While we may, at our sole discretion, reverse a trade under certain extraordinary conditions, a customer does not have a right to a reversal of a trade.
4) Insufficient Funds. If you have an insufficient amount of Funds in your Weever Account to complete an order via the Services, we may cancel the entire order less any fees owed to Weever in connection with our execution of the trade (if any).
5) Taxes. It is your responsibility to determine what, if any, taxes apply to the trades you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Weever is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades.
6. WEEVER ACCOUNT FUNDS
1) Funding your Weever Account. In order to complete an order or trade via the Services (as described in Section 7), you must first load Funds to your Weever Account using one of the approved External Accounts identified via the Services. You may be required to verify that you control the External Account that you use to load Funds to your Weever Account. As further described in Section 9, you may be charged fees by the External Account you use to fund your Weever Account. Weever is not responsible for any External Account fees or for the management and security of any External Account. You are solely responsible for your use of any External Account, and you agree to comply with all terms and conditions applicable to any External Account. The timing associated with a load transaction will depend in part upon the performance of third parties responsible for maintaining the applicable External Account, and Weever makes no guarantee regarding the amount of time it may take to load Funds into your Weever Account.
About Funds Held In Your Weever Account. Be advised that fiat funds held in your Weever account are exclusively for the purchase of Digital Assets or withdrawal to your approved External Account. Proceeds from the sale of Digital Assets will be credited to your Weever account. Furthermore, be advised that Weever does not pay interest on free fiat balances held in your account.
All funds loaded in to your Weever account from your External Account are converted to USD; and all funds withdrawn from your Weever account are converted back to the designated currency of your respective External Account.
Pushing Funds to an External Account. Provided that the balance of Funds in your Weever Account is greater than any minimum balance requirements needed to satisfy any of your open positions, you may push any amount of Funds, up to the total amount of Funds in your Weever Account in excess of such minimum balance requirements, from your Weever Account to an External Account, less any fees charged by Weever for such transactions (as described in the Fee Schedule at the time of your request to push Funds to an External Account).
2) Load/Push Authorization. When you request that we load Funds into your Weever Account from your External Account or request that we push Funds to your External Account from your Weever Account, you authorize Weever to execute such transaction via the Services.
3) Celestial Nominee Services Limited (“Celestial Nominee”) has been appointed by Weever as a clearing agent and to perform custodial services for its clients’ Fiat Currency it is holding in its capacity on trust as custodian:
a. To hold or arrange such investments or any other items belong to or under the duly authorized control of the Weever to be held in safe custody
b. To hold Fiat Currency belonging to or under the duly authorized control of Weever
4) Rejected Transactions. In some cases, Weever, Celestial Nominee, and/or the External Account may reject your Funds or may otherwise be unavailable. You agree that you will not hold Weever liable for any damages resulting from such rejected transactions.
7. EXCHANGE ORDERS AND TRADES
This Section applies only when you use the Services to trade Digital Assets for Fiat Currency or vice versa, or to trade Digital Assets for another form of Digital Assets. Weever may conduct trades on behalf of users where Weever fulfills each order on a spot basis as the counterparty to both sides of the transaction.
1) Authorization. When you submit a new order via the Services, you authorize Weever to execute a transaction in accordance with such order on a spot basis and charge you any applicable fees (as described in Section 10 below).
2) Independent relationship. You acknowledge and agree that: (a) Weever is not acting as your, intermediary, agent, or advisor or in any fiduciary capacity, and (b) no communication or information provided to you by Weever shall be considered or construed as advice.
3) Trade confirmation. Once the Services execute your trade, a confirmation will be electronically made available via the Services detailing the particulars of the trade. You acknowledge and agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such trade.
4) Market rates. If you select a market trade, Weever will attempt, on a commercially reasonable basis, to execute the trade on or close to the prevailing market exchange rate, as defined via the Services. You acknowledge and agree that the exchange rate information made available via our Services may differ from prevailing exchange rates made available via other sources outside of the Services.
5) Market volatility. Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any Digital Assets or Fiat Currency, the actual market rate at which a market order or trade is executed may be different from the prevailing rate indicated via the Services at the time of your order or trade. You understand that we are not liable for any such price fluctuations. In the event of a market disruption or Force Majeure event (as defined in Section 24), Weever may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services, including closing any open positions. Following any such event, when trading resumes, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
6) Trade Settlement. Subject to the terms and conditions in these Terms, we will use commercially reasonable efforts to settle trades on a spot basis as soon as practical upon which users have agreed to execute a trade via the Services.
7) The Client appoints Weever to act as custodian for the Client to provide custody of the Digital Assets. Any Digital Assets held by Weever for safekeeping on behalf of the Client may, at the company’s discretion, deposited in safe custody designated as a trust or client account with partner cryptocurrency exchanges.
8) Digital Assets held by Weever for safekeeping pursuant to this clause are held by the at the sole risk of the Client and the company shall not be responsible for or liable in respect of any loss or damage suffered by the Client in connection hereof unless such loss or damage has been caused as a direct consequence of a gross negligence, willful default or fraud on the part of the company.
8. RISK DISCLOSURE
Trading Digital Assets carries a high level of risk, and may not be suitable for you. You should be aware that you may sustain a total loss of the funds in your Weever Account. When accessing or using the Weever Trading Platform, you should consider all risks in relation to the trading of Digital Assets including the following risks (on a non-exhaustive basis):
• the risk of loss in trading Digital Assets may be substantial and losses may occur over a short period of time;
• the price and liquidity of Digital Assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future;
• legislative and regulatory changes or actions in your local jurisdiction or at the international level may adversely affect the use, transfer, exchange and value of Digital Assets;
• in your jurisdiction, Weever may not be regulated as a financial institution, deposits in your Digital Asset Account and your Fiat Account may not be considered deposits under the laws, rules or regulations applicable in Hong Kong or your jurisdiction. As at the date of these Terms the Digital Assets market is largely unregulated with no (or little) participant protection; however this market is likely to be subject to increasing regulation in the future and Users should understand the risks associated with this;
• Digital Assets are not legal tender, are not backed by any government, and Digital Asset Account(s) and value balances are not subject to deposit insurance and investor protections;
• transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable and some Digital Asset transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiate the transaction;
• the value of Digital Assets may be derived from the continued willingness of market participants to exchange Fiat Currency for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset disappear;
• the nature of Digital Assets may lead to an increased risk of fraud or cyber-attack, and may mean that technological difficulties may prevent the access to or use of your Digital Assets;
• any trust account maintained by Weever for the benefit of its Users may not be sufficient to cover all losses due to theft or fraud incurred by Users;
• the placing of certain Orders (e.g. "stop loss" or "stop limits" orders) that are intended to limit losses to certain amounts may not always be affected because market conditions or technological limitations may make it impossible to execute such orders;
• the prices quoted on the Weever Trading Platform may not necessarily reflect the broader market;
• the use of electronic trading systems and communication networks to facilitate trades exposes you to risks associated with the system including the failure of hardware and software system or network down timed access or connection failures. You acknowledge and confirm that Weever and its affiliates will not be responsible for any services disruptions, errors or delays that you may experience while using its Services.
• If you are located in Hong Kong, please take note of the Hong Kong Government risk warning on virtual commodities. Investment in Digital Assets contains counterparty risks. Counterparty risk refers to the failure of the trading party in fulfilling their contractual obligations. While credit ratings may represent quality assurances, investors should not only reference to the credit ratings of the counter party, but also seek full understanding of the structure and exposure to derivatives in order to avoid financial losses.
You acknowledge and agree to access and use the Weever Trading Platform at your own risk. The points noted above apply to all Services available on the Weever Trading Platform. However, this brief statement does not disclose all of the risks associated with trading Digital Assets. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. Please carefully consider your investment objectives, level of experience, and risk appetite before using any of our Services. Seek advice from an independent financial advisor if you have any doubts.
9. DIGITAL ASSET TERMS OF SALE
This Section applies only when you use the Services to purchase or sell Digital Assets via Weever Trading Platform.
1) Prices; Availability. All prices reflect the exchange rates applicable to the purchase or sale of Digital Assets using the Fiat Currency or alternative form of Digital Assets identified in your purchase order. All Digital Asset sales and purchases are subject to availability, and we reserve the right to discontinue the sale and purchase of Digital Assets without notice.
2) Purchase Quotes. Prior to completing your purchase or sale of Digital Assets, we will provide notice of the amount of Digital Assets you intend to purchase or sell and the amount of Funds you will be required to pay to receive such Digital Assets or Fiat Currency. You agree to comply with any terms and conditions provided within such notice to complete your purchase transaction.
3) Errors. In the event of an error, whether via our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your purchase order and obtain a refund of any amount charged.
4) Payment Method. Only valid payment methods specified by us may be used to purchase Digital Assets. By placing an order to purchase Digital Assets, you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize us, or our payment processor, to charge your designated payment method. A sufficient balance of your Weever Account is required before an order can be successfully placed on Weever Trading Platform.
5) No Returns or Refunds. All sales and purchases of Digital Assets via the Services are final. We do not accept any returns or provide refunds for your purchase of Digital Assets, except as otherwise provided in these Terms.
1) Amount of Fees. No commission fees will be charged for trades completed via our Services. Other fees such as deposit and withdrawal fees (if any) shall be charged according to the published Fee Schedule on Weever website, which we may change from time to time without prior notice. Changes to the Fee Schedule are effective as of the effective date indicated in the posting of the revised Fee Schedule to the Services, and will apply prospectively to any trades that take place following the effective date of such revised Fee Schedule.
2) Third-Party Fees. In addition to the Fees, your External Account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.
3) Payment of Fees. You authorize us, or our designated payment processor, to charge or deduct your Weever Account Funds for any applicable Fees owed in connection with the Services.
4) Collection-Related Costs. If you fail to pay Fees or any other amounts owed to Weever under these Terms and Weever refers your account(s) to a third party for collection, then Weever will charge you up to the maximum percentage permitted by applicable law, to cover Weever's collection-related costs.
11. Electronic Notices
1) Consent to Electronic Delivery. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that Weever provides in connection with your Weever Account and/or use of the Weever Services. You agree that Weever may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier's normal, messaging, data and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us through support firstname.lastname@example.org to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below).
2) Hardware and Software Requirements. In order to access and retain electronic Communications, you will need a computer with an Internet connection that has a current web browser with cookies enabled and 128-bit encryption. You will also need to have a valid email address on file with Weever and have sufficient storage space to save past Communications or an installed printer to print them.
3) Withdrawal of Consent. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support email@example.com. If you decline or withdraw consent to receive electronic Communications, Weever may suspend or terminate your use of the Services.
4) Requesting Paper Copies. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 30 days after the date we provided the Communication to you by contacting support firstname.lastname@example.org. In order for us to send paper copies to you, you must have a current street address on file with Weever. Please note that Weever operates exclusively online, therefore, if you request paper copies, you understand and agree that Weever may charge you a processing fee, in the amount described in the Fee Schedule, for each page of Communication requested.
5) Updating Contact Information. It is your responsibility to keep your email address and/or mobile phone number on file with Weever up to date so that Weever can communicate with you electronically. You understand and agree that if Weever sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Weever will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Weever to your email address book so that you will be able to receive the Communications we send to you. You can update your email address, mobile phone number or street address at any time by logging into your Weever Account or by sending such information to support email@example.com. If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by Weever are returned, Weever may deem your Weever Account to be inactive, and you may not be able to complete any transaction via our Services until we receive a valid, working email address or mobile phone number from you.
6) Security and Access. Once we approve your Account, you will be provided online access to the Weever Trading Platform based on your Weever Account login credentials and required additional layers of authentication.
Weever requires the use of multi-factor authentication to keep you and your Weever Account safe and secure. As a result, you should always use at least two forms of authentication when accessing your Weever Account and performing certain account operations. Forms of multi-factor authentication in addition to your login credentials may include a specified and supported two-factor authentication (2FA) application.
Your Weever Account login credentials and forms of multi-factor authentication, where applicable, have been chosen by you and allow you to access the Weever Trading Platform and the Services we provide. You agree to be solely responsible for maintaining the security of your Weever Account credentials and forms of multi-factor authentication. Weever is not responsible or liable for any unauthorised use of your Weever Account or any other accounts associated with you.
12. UNCLAIMED PROPERTY
If for any reason Weever is holding Funds in your Weever Account on your behalf, and Weever is unable to return your Funds to your designated External Account after a period of inactivity, then Weever may report and remit such Funds in accordance with applicable state unclaimed property laws.
13. ACCEPTABLE USE
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services, to extract data, to gain an upper hand, or to gain an unfair advantage;
• Use or attempt to use another user's account without authorization;
• Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
• Develop any third-party applications that interact with our Services without our prior written consent;
• Provide false, inaccurate, or misleading information; and
• Encourage or induce any third party to engage in any of the activities prohibited under this Section.
14. Regulatory Compliance, Verification & Anti-Money Laundering
In the event that your Weever Account (or any other account registered to or associated with you or your Account) is suspected of being in breach of any of the provision of the AML Policy (or any requirements of law or regulation in Hong Kong or another jurisdiction), you agree that we have the right to suspend your Weever Account and your access to the Weever Trading Platform until a thorough investigation has taken place.
Should your Weever Account (or any other account registered to or associated with you or your Account) be proven to be in breach of any of such provisions (or any requirements of law or regulation in Hong Kong), you agree that we have the right to disclose your personal and account information to the relevant authorities, as appropriate, close your Weever Account and/or, restrict your access to the Weever Trading Platform.
In furtherance of our AML Policy, we reserve the right to require Clients to provide additional information to Weever or undergo a background check prior to being authorised as a Client or at any point thereafter in accordance with applicable laws.
Applicable rules and regulations for transaction
All of your Orders or requests that are facilitated by Weever through the Weever Trading Platform shall be subject to all applicable laws and regulations. This includes but is not limited to, the Anti-Money laundering and Counter-Terrorist Financing (Financial institutions) Ordinance and any other relevant law and regulations.
The Services are at all times subject to all legislative and regulatory changes or actions within Hong Kong or in any other jurisdiction. Any change or action may adversely affect the use, transfer, exchange, and value of your Digital Currencies and may result in Weever having to suspect suspend any or all Services at any time. Weever shall not be liable for such change or action at any time.
Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) Policy
The Weever AML/CFT Policy is designed to ensure that all Group Companies comply with the requirements and obligations set out in Hong Kong and international legislations, regulations, rules and Industry Guidance for the financial services sector, including the need to have adequate systems and controls in place to mitigate the risk of the firm being used to facilitate financial crime. The AML Policy sets out the minimum standards which must be complied with by all Weever Companies and employees and includes:
• Establishing and maintaining a Risk Based Approach (RBA) towards assessing and managing the money laundering and terrorist financing risks to the Group;
• Establishing and maintaining risk-based customer due diligence, identification, verification and know your customer (KYC) procedures, including enhanced due diligence for those customers presenting higher risk, such as Politically Exposed Persons (PEPs) andtheir relatives or associates;
• Establishing and maintaining risk based systems and procedures to monitor ongoing customer activity;
• Procedures for reporting suspicious activity internally and to the relevant law enforcement authorities as appropriate;
• Procedures for reporting suspicious fraudulent use of identification documents to the relevant law enforcement authorities as appropriate;
• The maintenance of appropriate records for the minimum prescribed periods;
• Training and awareness for all relevant employees;
• And the provision of appropriate management information and reporting to senior management of the Group's compliance with the requirements.
• Weever may require its clients to provide additional information or documentation to fulfil our legal obligations and where it deems appropriate refuse any client or transaction that is suspected of being related to financial crime.
The appointment of Money Laundering Reporting Officers (MLROs) of sufficient seniority, who have responsibility for oversight of compliance with relevant legislation, regulations, rules and industry guidance;
15. Copyrights and Other Intellectual Property Rights
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Weever or Weever logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Weever Materials") are the proprietary property of Weever or our licensors or suppliers and are protected by Hong Kong Laws and international copyright laws and other intellectual property rights laws.
Personal or internal business use is subject to these Terms and does not permit (a) any resale of the Weever Materials; (b) the distribution, public performance or public display of any Weever Materials; (c) modifying or otherwise making any derivative uses of the Weever Materials, or any portion thereof; or (d) any use of the Weever Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
"Weever," the Weever logo, and any other Weever product or service names, logos or slogans that may appear on our Services are trademarks of Weever, in the Hong Kong and in other countries, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of Weever without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product or service name of Weever. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Weever 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 trademark ownership, endorsement, sponsorship or recommendation by us.
17. THIRD-PARTY CONTENT
In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Google links ("Third-Party Content"). We do 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, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
18. SUSPENSION; TERMINATION
In the event of any Force Majeure Event, breach of this agreement, or any other event that would make provision of the Services commercially unreasonable for Weever, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Weever Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, Weever will attempt to return any Funds stored in your Weever Account not otherwise owed to Weever, unless Weever believes you have committed fraud, negligence or other misconduct.
19. DISCONTINUANCE OF SERVICES
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 Services.
20. DISCLAIMER OF WARRANTIES
Except as expressly provided to the contrary in a writing by us, our services are provided on an "as is" and "as available" basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our services, including the information, content and materials contained therein.
You acknowledge that information you store or transfer through our Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including but not limited to software failures, protocol changes by third party providers, internet outages, force majeure event or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.
21. LIMITATION OF LIABILITY
(a) Except as otherwise required by law, in no event shall Weever, our directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use our services or the Weever materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from Weever, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to Weever's records, programs or services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
(b) To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Weever (including our directors, members, employees and agents), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of, or inability to use, Weever or to these terms exceed the fees paid by you to Weever during the 12 months immediately preceding the date of any claim giving rise to such liability.
You acknowledge and agree that in providing the Services, Weever is not and does not provide you with legal, tax, investment, financial or other advice, and to the extent you deem necessary, you will consult professionals in your own jurisdiction prior to using the Weever Trading Platform.
All investment decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for and shall in no circumstances be liable to you in connection with such decisions. Under no circumstances will the operation of the Weever Trading Platform be deemed to create a relationship that includes the provision or tendering of investment or financial advice.
All orders received through the Weever Trading Platform will be considered unsolicited, which means that you have NOT received any investment advice from Weever, its affiliates or the Weever Representatives in connection with any of your Orders, and that we will not conduct a suitability review of any such Orders. You also acknowledge and agree that you have NOT and do not expect to receive any advice from Weever, the Weever Group or the Weever Representatives in connection with your Orders. In addition, your review of our website and/or FAQ does not constitute any solicitation or investment advice.
You agree to defend, indemnify and hold harmless Weever (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
23. APPLICABLE LAW; ARBITRATION
You agree that your obligations and the obligations of each User set forth in these Terms are necessary and reasonable in order to protect Weever and its business. You expressly agree that due to the unique nature of our business, monetary damages would be inadequate to compensate us for any breach by you of your covenants and agreements set forth in these Terms. Accordingly, you acknowledge and agree that any such violation or threatened violation shall cause irreparable injury to Weever and that, in addition to any other remedies that may be available, in law, in equity or otherwise, Weever shall be entitled to obtain injunctive relief against the threatened breach of these Terms or your continuation of any such breach, without the necessity of proving actual damages.
These Terms, your use of the Weever Trading Platform and the Services, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms shall be governed by the laws of Hong Kong, as if these Terms are a contract wholly entered into and wholly performed within Hong Kong.
Any controversy, claim or dispute arising out of or relating to these Terms or the breach thereof shall be settled solely and exclusively by binding arbitration held in the Hong Kong International Arbitration Centre (HKIAC), administered by HKIAC and conducted in English. You expressly agree that any dispute about the scope of these Terms shall be resolved in arbitration in accordance with this section. In the event that you threaten to litigate a dispute in court, we may institute arbitration to enjoin you from filing a complaint or petition in court; provided, however, that Weever may, without inconsistency with this arbitration provision, apply to any court for a preliminary remedy (i.e. equitable or injunctive relief, or to seek enforcement of the arbitral award). You expressly agree that an arbitrator may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration of disputes. Any such arbitration shall be conducted in accordance with the then prevailing HKIAC Arbitration Rules & Procedures.
You agree that all Orders, trades, transfers, withdrawals or sales on Weever and contemplated according to these Terms shall be deemed to have occurred in Hong Kong and be exclusively subject to the internal laws of Hong Kong without regard to its conflicts of laws and provisions.
Section headings in these Terms are for convenience only, and do not govern the meaning or interpretation of any provision of these Terms.
1) Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Weever for the Services or for any other Weever product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Weever, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
2) Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of the Site and/or by posting the amended Terms via the applicable Weever websites and mobile applications and updating the "Last Updated" date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new users of the Services. In all other cases, the amended Terms will become effective for preexisting users upon the earlier of either: (i) the date users click or press a button to accept such changes, or (ii) continued use of our Services 30 days after Weever provides notice of such changes. Any amended Terms will apply prospectively to use of the Services after such changes become effective. If you do not agree to any amended Terms, you must discontinue using our Services and contact us to terminate your account.
3) Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
4) Severability. 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.
5) Force Majeure Events. Weever shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) failure of the wallet’s system, failure of the internet, hacking from third parties, forking of the cryptographic tokens and/or cryptocurrency change of regulations and laws and change in banking policy; (3) any loss or damage arising from any event beyond Weever's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Weever's reasonable control (each, a "Force Majeure Event").
6) Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Weever, including by operation of law or in connection with any change of control. Weever may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
7) Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
8) Survival. 23.8 Sections 2 (Eligibility), Section 3 (Weever Account), 8 (Risk Disclosure), 10 (Fees), 12 (Unclaimed Property), 14 (Compliance), 15 (Copyrights), 16 (Trademarks), 17 (Third-Party Content), 20 (Disclaimer of Warranties), 21 (Limitation of Liability); 22 (Indemnity), 23 (Applicable Law; Arbitration) and this Section 24 (Miscellaneous) shall survive any termination or expiration of these Terms.