These Terms constitute a legally binding agreement between you (“you” or “your”) and FPU (“FPU”, “we”, “our” or “us”). The Terms govern your use of the FPU Services made available to you on or through the Platform or otherwise. FPU Services may be provided by FPU or, if specified in these Terms, any Product Terms or any additional terms, by any FPU Affiliate.
By registering for a FPU Account, accessing the Platform and/or using the FPU Services, you agree that you have read, understood and accepted these Terms, together with any additional documents or terms referred to in these Terms. You acknowledge and agree that you will be bound by and will comply with these Terms, as updated and amended from time to time.
If you do not understand and accept these Terms in their entirety, you should not register for FPU Account or access or use the Platform or any FPU Service.
As with any asset, the value of Digital Assets can fluctuate significantly and there is a material risk of economic loss when buying, selling, holding or investing in Digital Assets. You should therefore consider whether trading or holding Digital Assets is suitable for you in light of your financial circumstances.
Further information on the risks associated with using the FPU Services is set out in our Risk Warning, which may be updated from time to time. You should read the Risk Warning carefully, however it does not explain all of the risks that may arise, or how such risks relate to your personal circumstances.
It is important that you fully understand the risks involved before making a decision to use the FPU Services.
We are not your broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any Transactions or other activities you undertake when using the FPU Services. We do not provide investment or consulting advice of any kind and no communication or information that we provide to you is intended as, or should be construed as, advice of any kind.
It is your responsibility to determine whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance and you are responsible for any associated loss or liability. We do not recommend that any Digital Asset should be bought, earned, sold or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisor. We are not responsible for the decisions you make to buy, earn, sell or hold Digital Assets based on the information provided by us, including any losses you incur arising from those decisions.
INFORMATION ABOUT OUR AGREEMENT WITH YOU
1.1. About us. The FPU group is an ecosystem centred around an online exchange for Digital Assets trading. The FPU group provides users with a trading platform to buy and sell Digital Assets, integrated custody solution allowing users to store their Digital Assets and other Digital Asset-related services.
1.2. These Terms. By registering to open a FPU Account you are entering into a legally binding agreement with us. These Terms will govern your use of the FPU Services and tell you who we are, how we will provide the FPU Services to you, how these Terms may be changed or terminated, what to do if there is a problem, along with other important information.
You must read these Terms, together with the documents referenced in the Terms, carefully and let us know if you do not understand anything.
Where any Local Terms apply to your use of the FPU Services, such Local Terms will take precedence over these Terms.
1.3. Additional documents. These Terms refer to a number of additional documents which also apply to your use of the FPU Services. This includes:
a. Our Privacy Notice, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using the FPU Services, you understand and agree to such processing and you promise that all data provided by you is accurate and up to date.
b. Our Risk Warning, which sets out important information on the risks that can arise when buying, selling, holding or investing in Digital Assets.
c. The Fee Structure page on our Website.
d. Product Terms, which set out additional terms and conditions that will apply to your use of specific FPU Services.
You acknowledge that you will be bound by, and agree that you will comply with, any relevant additional terms and conditions that apply to your use of the FPU Services.
2.1. Eligibility criteria. To be eligible to register for a FPU Account and use the FPU Services, you must:
a. be an individual, corporation, legal person, entity or other organisation with the full power, authority and capacity to (1) access and use the FPU Services; and (2) enter into and comply with your obligations under these Terms;
b. if you are an individual, be at least 18 years old;
c. if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorised to act on behalf of and bind such legal entity for the purposes of entering into these Terms;
d. not have been previously suspended or removed from using FPU Services;
e. not be a Restricted Person;
f. not currently have an existing FPU Account; and
g. not be located, incorporated, otherwise established in, a citizen of, or resident of, or have business operations in:
i. a jurisdiction where it would be illegal under Applicable Law for you to access or use the FPU Services, or cause us or any third party to contravene any Applicable Law; or
ii. a country listed in our List of Prohibited Countries.
2.2. Amending our eligibility criteria. We may amend our eligibility criteria at any time in our sole discretion. Where possible, we will give you notice in advance of the change. However, we may occasionally need to make changes without telling you in advance. This may include where:
a. we are making the change as a result of legal and/or regulatory changes;
b. the changes being made are in your interest; and/or
c. there is any other valid reason which means there is no time to give you notice.
Where we are unable to give you advance notice, we will let you know of the change as soon as possible after it is made.