User Agreement*
If you use this Website, LEWREST Services available through
the LEWREST Platform, create an Account on the LEWREST
Platform, you agree to unconditionally accept and comply with the
following publicly available electronic User Agreement (hereinafter
referred to as the "User Agreement").
You should carefully read the User Agreement in full before using this Website or any of the LEWREST Services.
In this User Agreement, "LEWREST" refers to the LEWREST Group.
The text of this User Agreement is posted on www.LEWREST.com
and contains all the main terms and conditions of the LEWREST
public offer, including the terms of use of the Services and the
Platform. The essential and integral parts of this User Agreement are:
The Policy of Countering the Legalization (Laundering) of Proceeds
from Crime and the Financing of Terrorism and the "Know Your Customer"
policy (hereinafter referred to as the "AML/CFT Policy"), Privacy
Policy, Delisting Policy (if it is published on the Platform separately
from this User Agreement), as well as Commissions.
IMPORTANT: When you create an Account or replenish your Account
balance, access or use the Platform or any of the Services (each of
which is defined below), you confirm that you have read, understood and
fully agree to this User Agreement, which we update and change from time
to time. If you do not agree to be bound by this User Agreement or any
subsequent amendments, changes or updates, you will not have the right
to access or use any Services. If you access or use any of the Services,
you will be subject to the terms of this User Agreement, which will be
updated and changed from time to time. If you do not wish to be bound by
this User Agreement, you must stop using all Services.
PLEASE READ THIS USER AGREEMENT BEFORE USING THE SERVICES. BY
VISITING, VIEWING AND USING THE WEBSITE, SERVICES AND PRODUCTS OFFERED
BY LEWREST, BY CONTACTING US, YOU AGREE TO THIS USER AGREEMENT. BY
CHECKING THE CONFIRMATION BOX WHEN CREATING AN ACCOUNT ON THE PLATFORM,
YOU PROVIDE US WITH AN EXPLICIT, EXPLICIT CONSENT TO THE TERMS OF THIS
USER AGREEMENT.
Some or all functions of the Website and Platform may not be
available to you, depending on your country of citizenship and/or
residence.
LEWREST and the User have entered into this User Agreement on the following terms and conditions:
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Definition of concepts
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In addition to other terms defined in other sections of
this User Agreement, the listed terms have the following meanings:
- "Account" – an account registered by a User on the Platform (including one created through a mobile application).
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"Business day" means any calendar day, except Saturday, Sunday or any
other day on which credit and financial institutions in Panama are
closed.
- "Confidential information" means information that the
User receives or learns when using the Services, or as a result of
accessing and using the Platform, regardless of whether such information
is defined as confidential, as such, which is not generally known,
and/or is not openly published on the Site.
- "Data" means all
data and other information generated or available on the Platform and/or
otherwise provided to the LEWREST User under this Agreement,
including, but not limited to, information about Orders, prices, trading
volume, transactions, liquidity, etc.
- "Digital assets" are
digital currency and/or tokens that (as a rule) do not have a central
issuer and are distributed directly between the owners of such currency
and tokens and are intended to be used as a means of exchange, which
also use reliable cryptographic methods to protect Transactions, control
the creation of additional units and verify the transfer of assets (for
example, BTC, ETH, LTC, etc.).
- "Delisting" is the termination
of a specific agreement on the listing of a coin/token, followed by the
complete removal of this Digital Asset from the Platform and the
termination of support for Deposits, Withdrawals and trading of a
coin/token, as well as the possibility of storing these coins/tokens on
the balance of LEWREST User Accounts.
- "Deposit", "Deposit of funds" - an operation related to the transfer of funds to the User's balance.
- "Fees" – any fees, fees and/or commissions set by LEWREST that are paid by LEWREST Users.
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"Fiat money" is a government–issued currency supported by the
government and recognized as legal tender at the legislative level in
the country of issue.
- "Funds" are Fiat money and/or Digital Assets that are placed on the Account balance and used during Transactions.
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"Public authority" means any state, regional, provincial, district,
municipal or local government body, foreign or domestic body, governing
body of an administrative–territorial subdivision of any of the
above-mentioned bodies, or any entity, body, institution, ministry or
other similar body possessing executive, legislative, judicial powers.
regulatory or administrative powers and functions, including any body or
other organization that is established to perform any of such
functions.
- "Legislation", "Law" – all applicable laws,
regulations, ordinances, decrees and rules, interpretations and policy
statements of any government agency, administration, institution or
bodies that in a particular case have jurisdiction over LEWREST,
the User or their activities.
- "Order" is a User's offer on the
Platform for the purchase (acquisition), sale (alienation) or exchange
of Digital Assets under certain conditions.
- "Person" means an individual or legal entity (company, corporation, limited liability company, joint stock company, etc.).
- "Personal data" – any information identifying a person, such as name, address, e-mail, etc.
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"Platform" means the LEWREST Platform designed for the
exchange/trading of Digital Assets, accessible to the User through the
Website and/or mobile application and/or through other means specially
created by LEWREST for these purposes (if applicable).
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"Representatives" – officials, directors, members, managers, employees,
agents and/or any persons authorized to act on behalf of a Person in
relevant matters in accordance with Legislation, documents of a legal
entity, power of attorney or similar document.
- "Services" means all services and services provided by LEWREST.
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"Third–party organization" means a third-party provider of software,
information and/or technologies whose products, information or services
contribute to LEWREST in providing Services to the User.
- "Transaction" is a transaction with Funds conducted (and/or executed, completed, closed, etc.) through the Platform.
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"User" means any Person who uses the Website, Services and/or Platform,
is the Account owner and has entered into this User Agreement with
LEWREST.
- "Voucher" is an alphanumeric code that can be used to transfer Digital Assets between Accounts.
- "Withdrawal" is an operation related to the transfer of funds from the User's Account balance.
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"LEWREST Group" means all persons managing the Platform, namely
LEWREST Technologies Limited (Panama), non–corporate organizations
and groups that provide LEWREST services and are responsible for
such services. In accordance with these terms, the persons who manage
LEWREST may change as LEWREST's business adjusts (including
meeting new regulatory requirements), in which case the replacement/new
parties will fulfill their obligations under these terms to the User and
provide services to the User, and such a change does not affect the
rights and interests of the User in accordance with with these terms and
conditions. In such cases, if the User continues to use the
LEWREST Services, it is considered that the User has agreed to
comply with the terms of the User Agreement with new persons who
represent LEWREST and manage the Platform. In the event of a
dispute, the User must identify the person with whom he interacts using
the Services, as well as the parties to the dispute, depending on
specific services and specific actions that affect the rights or
interests of the User.
- Headings (paragraphs/sections) The User Agreement
is intended only for convenience and in no way affects the meaning or
interpretation of the User Agreement.
- If it does not
contradict the context, words in the singular should include the plural,
and words in the plural should include the singular.
- If it does not contradict the context, a reference to one gender includes (implies) a reference to another gender.
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If the words "include", "including" or "in particular" are used in this
User Agreement, it is considered that they are followed by the words
"not limited to".
- If it does not contradict the context, the
words "other" and "otherwise" are illustrative and should not limit the
meaning of the words preceding them.
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The subject of this User Agreement
- The subject of this User Agreement is the provision of Services that allow Users to store and exchange Digital Assets.
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LEWREST, in accordance with this User Agreement,
in particular, provides Users with the following Services:
- access to a Platform for storing and exchanging Digital Assets;
- access to the Site, as well as to the Account;
- access to information necessary to use the Platform and perform Transactions;
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access to the services of a payment service operator and/or a payment
service provider required for Transactions, Deposits and Withdrawals.
- Based on this User Agreement, LEWREST may
also provide other Services that are defined in this User Agreement
and/or will be available on the Website or on the Platform.
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LEWREST also reserves the right to choose markets and
jurisdictions for conducting business and providing Services, and may
restrict or refuse to provide Services in certain countries at its
discretion.
- The User understands and agrees that LEWREST
is not a party to Transactions (unless otherwise provided in this User
Agreement relating to certain specific Services) and does not provide
financial services using Fiat Money. All operations on the Platform are
carried out directly between Users. Financial services related to Fiat
Money are provided by third-party financial institutions.
Notwithstanding the above, in order to ensure security, counter money
laundering and terrorist financing, as well as conduct appropriate
checks, LEWREST may administer payment information necessary for
making Deposits, Withdrawals or other Transactions.
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Requirements and access to Services
- The User can only act on his own behalf or (in the case
of using a corporate Account) on behalf of a legal entity/other
organization that he represents, and cannot use the Services as an
agent, intermediary or broker for another individual, legal entity,
organization.
- The Services are provided exclusively to Persons
aged 18 and over. By using the Services, the User confirms that he has
turned 18 years old.
- Before accessing and using the Services
offered by LEWREST, the User must ensure that the use of the
Services, Platform, Website and mobile application of LEWREST is
allowed in the country of his citizenship/residence or in the country
from which the User accesses the Services, Platform, Website or mobile
application, as well as check, are there any possible legal restrictions
and/or prohibitions regarding access to and use of the Services,
Platform, Website or mobile application? The User is solely responsible
for compliance with all applicable laws and regulations, as well as
restrictions and prohibitions of the country of citizenship/residence of
the User and/or the country from which the User accesses the Services,
Platform, Website and mobile application of LEWREST. LEWREST
is not responsible for the access and use of the Services, Platform,
Website and mobile application by a Person who is a citizen/resident or
accesses the Services, Platform, Website and mobile application from a
country in which the use of the Services, Platform, Website and mobile
application of LEWREST is prohibited by law or in which there are
any other prohibitions and restrictions regarding their use and access.
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By creating an Account, the User declares and guarantees that:
- he has reached the age of legal capacity to
enter into and accept obligations under this User Agreement in
accordance with applicable law;
- he is a natural or legal
person or other organization with full legal capacity and sufficient
authority to conclude this User Agreement;
- he has not previously been prohibited or temporarily restricted from using our Services/or Platform;
- he does not currently have another Account registered on the Platform/Website (multiaccounts);
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if the User enters into this User Agreement on behalf of a legal entity
of which he is an authorized representative, the User declares and
guarantees that he has all the necessary rights and powers to conclude
this User Agreement and assume obligations under it on behalf of such
legal entity.
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We draw the User's attention to the fact that the use of
the Services, the Website and the Platform is governed by international
compliance requirements and the requirements of economic sanctions.
When sending, receiving, buying, selling, exchanging or storing Digital
Assets on the Platform, the User agrees to comply with these
requirements. The User does not have the right to make any Transactions
on the Platform or use any Services if:
- The User is controlled by or is a citizen or
resident of countries blacklisted by FATF and/or countries subject to
the UN Security Council sanctions list, the financial sanctions regime
of the European Union or Her Majesty's Treasury, the United States
embargo ("State under Sanctions"), or if the User is a person who
subject to the EU financial sanctions regime or Her Majesty's Treasury,
or the List of Specially Designated Citizens of the U.S. Treasury
Department or the List of Prohibited Persons of the U.S. Department of
Commerce ("Sanctioned Person"); or
- he is a citizen and/or
resident of the United States of America or a legal entity whose
authorized capital belongs to a citizen and/or resident of the United
States; or
- he is a Person who does not meet any User
compliance standards, LEWREST User requirements, and who otherwise
belongs to a high-risk group, including, but not limited to, the
factors listed above.
- Depending on the nationality/place of residence of
the User, there may be other factors limiting the User's use of all or
some of the Services. LEWREST reserves the right to restrict the
use of the Services (in whole or in part) for citizens/residents of
certain countries/jurisdictions.
- The User is responsible for
compliance with the rules, laws and other regulatory legal acts of the
country of residence (and/or the country of citizenship and/or other
applicable laws and regulations). The User must comply with all
applicable Laws and regulations related to the use of the Services.
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User information (provided by the User) must not contain misleading,
untrue or falsified data. Providing misleading/untrue/falsified
information or providing forged documents (including forged identity
documents) is prohibited. If LEWREST doubts the correctness,
relevance or completeness of the data, LEWREST has the right to
deny the User access to the Services (in whole or in part) and/or
suspend the User's Account. In case of providing false/falsified
information or submitting forged documents, LEWREST reserves the
right to permanently close the User's Account.
- The User does
not have the right to sell, rent, share or otherwise transfer to third
parties his Account or any data necessary to access his Account. The
User is responsible for ensuring the security and control of all their
usernames, passwords, two-factor authentication codes or any other codes
or data that the User uses to access the Services. LEWREST is not
responsible for any losses incurred by the User due to unauthorized
access to the User's Account, access by third parties to the
password/The User's Account. The User must immediately notify
LEWREST of the loss of the password and/or any Account data or
illegal access by third parties to the Account.
- LEWREST
может потребовать, чтобы Пользователь подтвердил свою личность для
доступа к Сервисам. Верификация может включать проверку номера
мобильного телефона Пользователя, документов, удостоверяющих личность,
или адреса проживания. LEWREST оставляет за собой право запросить
дополнительную видео-верификацию в режиме реального времени/онлайн.
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All Accounts are initially created as personal accounts. After passing
the identity verification/compliance procedure, the User can request an
Account upgrade to a corporate Account. If the User uses the Services on
behalf of a legal entity (for example, a company, corporation,
partnership, non-profit organization or other legal entity), the User
must first upgrade the Account to the corporate level. An Account
upgrade to the corporate level is possible upon request after passing an
additional KYC procedure/compliance procedure related to the relevant
legal entity/organization.
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The policy of countering the legalization (laundering) of income received
criminally, and the financing of terrorism and the "Know your own" policy
the client"
- LEWREST takes all necessary measures and uses the
best standards to comply with all applicable laws and regulations
related to combating money laundering and/or terrorist financing.
LEWREST will use all reasonable efforts to identify and prevent
the use of the Website by persons involved in any criminal activity in
any jurisdiction.
- In order to avoid and reduce the possible
risks of LEWREST's involvement in any type of illegal activity,
LEWREST operates in accordance with the AML/CFT Policy and in
accordance with internal procedures for combating money laundering,
countering terrorist financing and "Know Your Customer" (hereinafter
referred to as "AML/CFT Procedures").
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The AML/CFT LEWREST Policy (procedures), in
particular, covers the following issues: - internal control; -
compliance Officer (employee of the Internal Control Department for
compliance with rules and procedures); - staff training; - verification
procedures; - monitoring, risk analysis and a risk-based approach; -
internal audit of the anti-money laundering and terrorist financing
program.
- If LEWREST has reason to believe that any
suspicious activity is taking place on the Account (any complaints from
third parties about any suspicious activity) or any suspicious
Transactions are being carried out/planned by the User, LEWREST
may, at its sole discretion: refuse to provide access to the Services;
request additional information confirming the legality of the
Transaction, such as additional KYC verification, confirmation of the
origin of funds and/or photo or video verification, etc.; block the
User's access to his Account; terminate the User Agreement without prior
notice to the User.
- By agreeing to this User Agreement, the User confirms that he legally owns Fiat Money and/or Digital Assets.
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LEWREST will not provide access to the Services to Users –
citizens/residents/legal entities of countries blacklisted by FATF and
other organizations mentioned in clause 3.4. of this User Agreement,
authorized persons, etc.
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User Account
- In order to create an Account and undergo the verification
procedure (KYC), the User must complete all registration procedures and
provide LEWREST with all necessary information (including
necessary Personal Data, information required for verification/KYC), as
well as accept the terms of this User Agreement (including the AML/CFT
Policy, Privacy Policy, Commissions).
- LEWREST may refuse to register and create an Account at its sole discretion.
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Unless otherwise expressly agreed between LEWREST and the User in
writing, each User can register only one Account and cannot use two or
more Accounts (multiaccounts). Joint intentional actions of the User
with other Users who are related persons using Accounts with an internal
understanding of the activities, strategies and intentions in placing
and executing Orders are considered as multiaccount management and
entail the termination (closure) of these Accounts without the
permission (consent) of their owners. If the User creates multiaccounts
in violation of this clause, LEWREST has the right to terminate
(close) the second multiaccount by the creation date and all subsequent
multiaccounts of the User. As a penalty for this violation,
LEWREST has the right to recover the full amount of Funds from the
balances of the second and subsequent multiaccount(s) of the User.
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By registering an Account, the User agrees to provide the requested
information to verify their identity. This information is used to
identify cases of money laundering, terrorist financing, fraud and other
financial crimes through the Website. We will collect, use and share
this information in accordance with our Privacy Policy. In addition to
providing this information and in order to comply with global industry
standards for data storage, the User gives us consent and permission to
store such information for the duration of the Account, as well as for 5
(five) years after the closure of the User's Account. The user also
consents and allows us to send requests, directly or through third
parties, that will be necessary to verify the user's identity or protect
the user and/or us from financial and other crimes, such as fraud.
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By providing the information required in accordance with this section
of this User Agreement, the User confirms that it is accurate and
reliable. After registration, the User must ensure that such information
is correct, complete and will be updated in a timely manner in case of
any changes. If there is any reasonable doubt that the information
provided by the user is incorrect, unreliable, outdated or incomplete,
LEWREST has the right to send the user a notification with a
request to correct, delete the relevant information directly and,
depending on the circumstances, completely or partially terminate the
User's access to the Services.
- The User is fully responsible
for any losses or expenses incurred while using the LEWREST
Services, if it is impossible to contact him by e-mail and/or at the
address provided by LEWREST. By entering into this User Agreement,
the User confirms and agrees to update all the information provided in
case of any changes.
- By registering an Account, as well as
agreeing to the terms of this User Agreement, the User grants
LEWREST the right to send, directly or through third parties,
requests that LEWREST deems necessary to confirm the identity or
protect the User and/or LEWREST from fraud or other crimes, as
well as take measures that LEWREST deems necessary based on the
results such requests.
- The account can only be used by the
Person in whose name it is registered. LEWREST reserves the right
to temporarily restrict the use, freeze or close the Account if it is
suspected that the Account is being used by a Person other than the
Person in whose name the Account was registered, unless otherwise agreed
by the Parties in writing. The User must immediately notify
LEWREST of unauthorized use of the username, password, or any
other unauthorized access attempts to the Account, if the User has
suspicions or information about such unauthorized use.
- The
user must independently set a username and password during registration.
The user can also change the password at any time after completing the
registration procedure.
- The User agrees that the information
about his Account is confidential, and the User will not disclose such
information to third parties. The User also agrees to be solely
responsible for taking the necessary security measures to protect the
Account and Account information, including the consequences of
non-compliance with such measures.
- The User must ensure the
security and safety of the password and other credentials to prevent
their disclosure to third parties; at the same time, the User
independently determines the best methods and procedures for storing
such information and data, as well as takes measures to prevent their
illegal or unauthorized disclosure and use.
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The user agrees:
- notify LEWREST immediately if it becomes
aware of any unauthorized use of Account information by any Person, as
well as any other violation of security rules;
- strictly comply
with the mechanisms and procedures in place on the Website regarding
security rules, identity verification, Deposits, Withdrawals and
Transactions, as well as
- perform all necessary actions to exit the Website at the end of each visit.
- LEWREST is not responsible for any loss or
damage resulting from any unauthorized use by the User or any third
party (regardless of whether such use was authorized by the User) of the
Account using his credentials (including those obtained as a result of a
phishing attack on the User).
- LEWREST has created a
complex integrated system of internal security, control, monitoring, in
which all personnel actions are recorded and recorded. In addition, the
system does not allow our specialists to obtain User credentials. The
User agrees that unauthorized access only to his Account (not to the
wallet of the Platform) is regarded as the result of a phishing attack
on the User or as a result of the User's carelessness.
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Account actions
- All Funds legally transferred to the Account in accordance with applicable law and this User Agreement belong to the User.
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All operations on the Account are performed in accordance with the
User's Orders placed in the appropriate form on the Platform through the
User's Account.
- The User agrees that the company EXCHANGE
LEWREST LIMITED (company number: 1035, registered office: 810
Century Tower Avenida Ricardo J Alfaro City,) He is responsible for
transactions with Fiat funds that are carried out. The User is
prohibited from performing transactions related to securities, including
Security tokens, instruments or contracts from the point of view of
securities laws, if the country of citizenship/residence of the User
and/or the country from which the User accesses the Services, Platform,
Website and mobile application of LEWREST is: USA, Canada, China,
UK, EU, Japan.
- To make a Deposit on the Account, the User must
transfer funds in accordance with the data specified by LEWREST
in the User's Account. We can request documents to verify the source of
Funds. In this case, we will not transfer Funds and/or accept subsequent
User Orders in respect of these Funds until we are provided with
documentation that meets the requirements of LEWREST.
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The number of confirmations for the full Deposit of Digital Assets to
the Account may vary depending on the type of Digital Assets (the
required number of confirmations is determined exclusively by
LEWREST). During the process of Depositing Digital Assets to the
Account balance, LEWREST can pre-display them on the Account
balance (until the required number of confirmations is received), but
Digital Assets will not be available for further Transactions (including
Withdrawals) until the required number of confirmations is received.
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LEWREST has the right to set and change minimum/maximum limits
for Deposits and Withdrawals at its discretion. LEWREST is not
responsible for not notifying users in advance of such changes. In that
case: - if an amount less than the minimum Deposit amount has been
deposited to the Account balance, the Funds will not be credited to the
User's Account balance on the Platform until the User deposits an amount
equal to or greater than the minimum Deposit amount; - the amounts of
Deposits that do not meet the established minimum are accumulated and
will be credited to the User's Account balance on the Platform when
their amount is equal to or exceeds the minimum amount for the Deposit; -
if an amount exceeding the maximum amount for making a Deposit has been
deposited to the Account, the operation can be studied and reviewed by
LEWREST – as a result, the Funds will be credited to the balance
or refunded, unless otherwise provided by the rules for combating money
laundering and terrorist financing.
- In order to withdraw Funds
from the Account, the User must go through the appropriate procedure
using the appropriate Account functionality. LEWREST reserves the
right to introduce additional confirmation procedures related to the
Withdrawal of Funds.
- LEWREST has the right to request
Additional verification measures by the Transaction Protocol in case the
User passes KYC verification in accordance with the AML/CFT risk
policy. An additional Verification measure is to make an Insurance
Deposit/transaction in the specified amount of the specified
Application, namely from 10% (ten percent) to 200% (two hundred percent)
of the total amount of Outgoing payments of the Withdrawal Processing
status. The security deposit is set individually and takes into account
completed transactions, actions taken and the nature of suspicious
transactions on the User's account/accounts. After activation of the
Transaction Protocol, the deposited Security Deposit/transaction is
credited to the internal balance of the User's account for further
use/storage for any available transactions.
- The Platform may
set some restrictions on the Withdrawal of funds and/or Transactions - a
ban on initiating Withdrawals and/or Transactions within a certain
period after changing the profile data/user data in / associated with
the Account, including changing or restoring the password, as well as
changing the authorization method. In addition, the Platform or
financial institution (e-money issuer, payment service provider, bank,
etc. d.) may set limits on Withdrawal of funds for a certain period in
case of replenishment of the Account balance using certain methods
(including those declared/considered at the discretion of LEWREST
as bearing security risks or AML/CFT risks). A confirmed Withdrawal is
irreversible and cannot be reversed.
- LEWREST has no
right to initiate Withdrawal/ A transaction in respect of Funds from the
User's Account without proper indication of the User, except as
provided for in this User Agreement.
- LEWREST reserves
the right to cancel the corresponding Digital Assets on the User's
Account balance if they were deleted from the Platform as a result of
delisting, if the User did not initiate their withdrawal to an external
wallet (address) during the period determined by LEWREST.
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Funds can be transferred for the purpose of making a Deposit, making
Transactions, Withdrawing Funds using the services of third parties
(financial institutions, etc.). If the User deposits or withdraws Funds
using third-party services, the initiated operation is performed using
the tools/assets/funds used in accordance with the public offer (terms)
of a third party accepted by the User, whose services the User uses to
perform the operation, provided that such terms do not contradict this
User Agreement.
- By initiating transactions through the
Platform, using the services of a third party, the User grants the right
and gives instructions to transfer information to such a third party,
including Personal Data necessary to perform initiated operations using
the tools/assets/funds used in accordance with the offers (conditions)
of third parties accepted by the User. The User is responsible for the
operations performed using the services of third parties.
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LEWREST is not responsible for the actions of such a third party.
The User is fully responsible for paying all commissions and fees
associated with such a transfer of Funds, and also assumes the risks
associated with specifying incorrect payment details.
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Cancellation of the Transaction and refund
- After executing an Order for the exchange of Fiat money for Digital Assets, it cannot be canceled or revoked.
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All Orders are final and cannot be refunded after crediting Digital
Assets to the User's Account balance. After the amount of funds has been
sent to the User's Account balance, it cannot be refunded under any
circumstances.
- If a User deposits in Fiat Money and then
exchanges Fiat Money for Digital Assets, the Transaction for making a
Deposit in Fiat Money cannot be canceled or refunded under any
circumstances. In this case, the services are considered to have been
provided to the User properly.
- LEWREST's obligations to
the User will be fully fulfilled after the Digital Assets are credited
to his/her Account balance, and the User will not have any claims or
rights against LEWREST after such a Transaction.
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Crypto Lending
- Crypto Lending is a tool that allows Users to earn income
by lending Digital Assets to LEWREST using one of the available
plans. The plans differ in the amount of the interest rate, the terms
and the minimum/maximum amount of the loan.
- After the
expiration of the loan period under the selected plan, the User's Funds
with accrued income are transferred to the User's Account balance.
- Income is accrued in those Digital Assets in which the plan was opened.
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LEWREST never recommends, supports, protects or sponsors any
specific Digital Assets, cryptocurrencies, pairs or transactions,
investment instruments that appear on the Platform or are carried out
through it. The user is aware of the significant risks associated with
digital currency markets, transactions, and investments
(investment/asset management services).
- The “Crypto Deposit”
section on the Platform may also contain information about third-party
offers (offers from legal entities/teams managing Digital Assets and/or
legal entities/teams that have created Digital Assets or provide
investment/asset management services).
- LEWREST is not
authorized and does not provide any financial, tax, labor, legal or
investment advice and advice. Any information about prices, quotes,
forecasts, profitability estimates or past performance is intended
solely for informational purposes and does not guarantee future
performance and performance, nor does it constitute an offer to buy or
sell, or an incentive to buy or sell any Digital Asset, cryptocurrency,
pair or other assets, as well as to implement any Transactions with
Digital Assets, cryptocurrencies, or the use of investment management
services. The User agrees that the Platform will not serve as the main
basis for any decision on the implementation of any Transaction or
decision to use the services of third parties, including those presented
in the “Crypto Lending” section, and LEWREST is not and will not
be considered a financial adviser or a trusted person of the User. The
User hereby acknowledges that any use of the Data or other content of
the Platform is solely at his own risk.
-
Suspicious transactions
- If the User detects suspicious transactions or actions,
including, but not limited to, Depositing and/or Withdrawing Funds from
the User's Account and/or placing/executing Orders that are unknown to
the User and/or were not initiated by the User, the User must
immediately notify LEWREST and follow our instructions.
LEWREST reserves the right to block funds on the Account until the
end of the investigation (investigation).
- LEWREST
reserves the right to block, cancel or revoke an operation (including
Withdrawal of Funds and/or Transaction) that has already been completed,
at the request of the financial institution involved in the
settlement/execution of the Transaction and/or based on the results of
an investigation according to a suspicious transaction report. In such
cases, the User should interact and assist LEWREST in determining
the reasons and grounds for such actions.
-
Commissions
- LEWREST applies Fees for Services provided on the
Website and/or Platform (and/or through the mobile application). The
User unconditionally authorizes LEWREST to charge (debit) the
appropriate Fees from his Account.
- If the User does not
complete at least one Transaction, Deposit or Withdraw Funds within six
(6) calendar months, such User Account will be considered inactive
(hereinafter referred to as "Inactive Account"). LEWREST may apply
a special commission to all Inactive Accounts (hereinafter referred to
as the "Inactive Account Commission"). LEWREST will try to notify
the User in advance of the application of the Inactive Account Fee, but
such a fee may be charged by LEWREST regardless of
sending/receiving a notification from LEWREST. If the amount of
funds on the User's Account is less than the amount of the Commission
for an Inactive Account, LEWREST debits the entire balance of
funds from the balance of such an Account. If there are no Funds on the
balance of an Inactive Account, LEWREST can stop (close) an
Inactive Account without permission (consent) its owner.
-
Orders and Transactions
- The platform provides the User with the ability to create (initiate) Orders to buy or sell Digital assets.
-
Creating (exposing) An Order, the User invites all other Users to
conclude a Transaction on the terms specified in the corresponding
Order. LEWREST unilaterally sets the interface for creation
(billing) Defines the possible types of Orders and which Order
parameters are determined by the User who issues it.
- The User agrees that the Order can be executed both in full and in parts.
-
For creation (billing) The User must have sufficient Funds on the
Account balance to fulfill their obligations in accordance with the
Order (as well as with other active Orders placed by the User).
-
The user understands that the Order should be placed only after careful
consideration. The user understands and accepts the consequences of its
execution. The User agrees that from the moment the Order is executed,
such a Transaction is irreversible and cannot be canceled. Transactions
will be executed immediately after matching the Orders of the seller and
the buyer without prior notice to the seller and the buyer and will be
considered completed on the date and time of execution.
- The
User acknowledges and agrees that if the destination address is not
specified and/or is incorrect and/or if the transfer code (for example,
memo) is incorrect; and/or if the Deposit is made from a network (token
standard) that is not supported by LEWREST; and/or if the
withdrawal is carried out to a network (token standard) that is not
supported by the recipient; and/or the user has incorrectly selected the
network (token standard); and/or if the wallet address is specified
incorrectly (destination tag); and/or if other Transaction details are
specified incorrectly, the User may lose Funds or this may lead to a
delay in the execution of the Order. In such cases, the User himself is
responsible for the inaccuracy and inaccuracy of his actions, and also
bears the risk of losing Funds. At the same time, LEWREST in no
case compensates for such losses.
- LEWREST can set the
minimum and maximum Order amount and/or other restrictions (limits) for
trading Orders (operations). The limits may vary for each trading pair
(and/or depending on other details).
- The User can use the
Voucher (if applicable on the Platform) to transfer Digital Assets
to/from the Account. The voucher should be used before the expiration
date set by LEWREST. LEWREST is not responsible and assumes
no liability for any loss or damage resulting from the User's use of a
Voucher purchased from third parties or acquired in any other way. For
the avoidance of doubt, the User is solely responsible for ensuring that
the Voucher he has purchased is genuine, valid and exchangeable.
-
All operations on the User's Account, including operations related to
making Deposits, Withdrawing funds, placing/executing Orders, are
displayed in the User's Account.
- A pending Order that has not
been canceled by the User who placed it is valid until it is executed.
However, LEWREST reserves the right to set time limits for pending
Orders.
-
User's personal data
- The rules for the collection, storage and protection of
Personal Data received by LEWREST from Users are governed by the
Privacy Policy. Please refer to this document.
-
Preventing illegal use of the Website and Platform
-
By accessing or using the Platform and/or Services, the User
agrees to comply with the requirements of all Laws, other regulatory
legal acts, intellectual property rights or other rights of third
parties, as well as not to commit offenses and be responsible for their
actions when using the LEWREST Platform and Services. Without
limiting the above, the User agrees:
- do not provide false, incorrect or misleading information (documents);
-
not to use the Services and the Platform for the purpose of fraud
and/or any other illegal activities, including the use of credit and
debit cards obtained illegally;
- not to use the Services and
the Platform to pay, support or otherwise participate in any illegal
gambling, fraud, money laundering, terrorist activities or other illegal
activities;
- not to use the Services and the Platform to
finance operations or activities for which administrative, criminal or
civil liability is provided in accordance with current legislation;
-
not to use the Services and the Platform in such a way that it could
prevent other Users from fully using the Services and the Platform or in
any way damage, disable, overload or disrupt the operation of the
Services (Platform);
- do not use any robots, web crawlers,
scrapers or other automated tools or interfaces that have not been
provided by LEWREST to access the Services or to extract data;
- do not use or attempt to use another User's Account;
-
do not use the Services and the Platform bypassing the procedure
provided for in this User Agreement, or bypassing/exceeding the User's
access level to the Platform; attempt to access any area of the
Services, Website or Platform to which the User does not have access
rights;
- do not make changes to the software used by the
Website or the Platform in any way, perform any actions aimed at
changing the functionality and operability of the Website, disabling the
Platform or interfering with the operation of the Website;
- not verbally offend or commit any other actions that violate the rights and freedoms of other Users and/or third parties;
-
do not copy and/or distribute any intellectual property objects
published on the Website or used by the Platform; do not copy or
otherwise use parts of the program (code) of the Website, the Platform,
as well as the design of the Site;
- do not use Personal Data of third parties without their permission;
- do not develop any third-party applications that interact with the Services without our prior written consent.
- If suspicious Transactions are detected by Users,
access to the Account may be restricted (suspended) for verification for
up to 30 Business Days.
- The User agrees that in case of
violation of this User Agreement, LEWREST has the right to suspend
or terminate the User's Account.
-
Risk warning and risk acceptance by the User
- Trading, Transactions, and storage of Digital Assets are
accompanied by significant risks. Prices may fluctuate daily. Such price
fluctuations can increase or decrease the price of a particular User's
Digital Asset at any time. Any currency, whether virtual or not, can be
subject to significant fluctuations in price, as well as completely
devalued. There is the usual risk of losses as a result of buying,
selling or any trading in the market.
- Trading in Digital
assets is also associated with special risks that are usually not
typical for Fiat money and/or commodities and/or commodity
(non-virtual/digital) assets. Unlike most government-backed Fiat Money,
Digital assets are unique types of assets supported by technology and
trust. There is no central bank that can issue more currency or take
measures to protect the value of Digital Assets in a crisis.
-
Irrational (or rational) market "bubbles" or a loss of confidence in
Digital Assets often occur in the Digital asset market, which can lead
to a drop in demand compared to supply. For example, trust in Digital
Assets may fall due to unexpected changes introduced by software
developers or others, government measures, the creation of better
competitive alternative digital assets, as well as deflationary or
inflationary spirals. The level of trust can also be reduced due to
technical problems: if the anonymity of the system is compromised, if
assets are lost or stolen, or if hackers or authorities prevent
Transactions.
- There may also be other risks that we have not provided for and have not defined in this User Agreement.
-
The User understands that all transactions with Digital Assets are
irreversible and that the Funds received as a result of the Transaction
can only be returned under a separate additional agreement/transaction
with the relevant Person. The User cannot cancel, revoke or change any
Order with a completed status. The User is responsible for the accuracy
and correctness of the Transaction details (network/network
standard/wallet address/memo or destination tag) and bears the risk of
losing Funds. In such cases, LEWREST does not reimburse any
losses.
- The User guarantees that he is aware of the basic
principles of working with Digital Assets, as well as the
characteristics of Digital Assets that affect their value, and he is
also aware of the relevant risks, in particular the volatility and
fluctuations in their value. The user should understand that there is a
high probability of not getting a fair and accurate price for Digital
Assets when trading.
- By accepting the terms of this User
Agreement, the User acknowledges and accepts any risks associated with
Transactions, agrees to comply with this User Agreement, recognizes and
accepts the mentioned and any other risks.
- The User declares
that he is aware, understands and agrees that LEWREST cannot be
directly or indirectly responsible and/or have any obligations with
respect to or otherwise guarantee the execution of any Transaction
entered into by the User on the Platform and using the blockchain and/or
services/technologies of third parties (in part functionality, proper
performance, reliability, etc. such a block chain/technology), and
neither LEWREST nor a Third-Party Organization is responsible to
the User or any other person in relation to Transactions made through
the Platform.
- LEWREST is not a broker, agent or consultant and does not have a fiduciary relationship or obligations to the User.
-
Intellectual property and limited use
- LEWREST is the sole owner of all rights, entitlements
and interests in relation to the Platform, Website, Data and each
component thereof, trademarks, all user modifications, work products,
results or other materials created by or on behalf of LEWREST, and
all intellectual property rights in relation to them, as well as All
rights not expressly granted in this User Agreement are reserved by
LEWREST.
- The user does not receive any rights with
respect to intellectual property rights, except for those limited rights
that are transferred to him by LEWREST. The User must take all
measures necessary to maintain the confidentiality of all documents and
materials provided by LEWREST or any Third-Party Organization
cooperating with LEWREST in relation to the Platform and each of
its components.
-
The user does not have the right:
- modify, maintain, improve or otherwise modify the Platform;
-
disassemble, decompile, reverse engineer, copy, fix bugs, fix, update,
transmit, broadcast or create derivative products based on the Platform,
as well as otherwise take explicit actions to develop a Platform
equivalent (similar Platform).
- Subject to the User's compliance with the terms of
this User Agreement, the AML/CFT Policies and Procedures, and the
Privacy Policy, the User is granted a limited, revocable, non-exclusive,
non-transferable license to access and use the Platform, access to the
Website and its use (the term may be set/limited/modified by
LEWREST) for the purposes of set forth in this User Agreement,
AML/CFT Policies and Procedures, and Privacy Policy.
- The User
acknowledges and agrees that LEWREST will use information related
to the User's Personal Data (information) in accordance with its Privacy
Policy, as LEWREST may amend this policy from time to time.
-
Use of Services, Website, security, information
- The User acknowledges and agrees that LEWREST has the
sole and absolute right of control and the right to change the Website
and Platform at any time, as well as the exclusive right to make any
changes to their functionality, configuration, appearance and content.
-
We do not guarantee that the Website, Services and/or Platform will be
available for use at any time without any delays, failures, errors or
loss of transmitted information. We do not guarantee that the Services
(Platform) will be available through the mobile application.
-
We will make reasonable efforts to ensure that Users have access to the
Website, Services and/or Platform in accordance with this User
Agreement. However, we may suspend the use of the Website and/or the
Platform for maintenance, and we will make reasonable efforts to notify
Users about this. The User acknowledges that prior notification may not
be possible in an emergency situation, and the User assumes the risks
associated with the fact that he cannot always use the Website and/or
the Platform or perform urgent Transactions using his Account.
-
Internet usage may be subject to a virus attack and/or communication
failures. LEWREST is not responsible for any damage or
interruption caused by computer viruses, spyware, Trojans, network worms
or other malware that may affect the User's system, computer or other
equipment, as well as for any phishing, spoofing or other virus attacks.
LEWREST recommends that the User always use reliable and
affordable software to detect and eliminate viruses. The user should
also be careful and attentive when viewing text messages and e-mails
allegedly sent by LEWREST, since SMS messages and e-mail messages
are also vulnerable to phishing and spoofing, as well as some viruses.
It is advisable that the User logs into his Account only through the
Website (in order to avoid fraud/phishing on websites, the User should
carefully check the Platform address every time he uses the Services,
the Platform) and avoid messages from unverified senders offering login
options.
- Although we try to provide accurate and timely
information on the Website, the Website (including, but not limited to,
its contents) It may not always be completely accurate, complete, or
up-to-date, and may also contain technical inaccuracies or typos.
-
In order to continue to provide the User with the most complete and
accurate information, the information may, to the extent permitted by
applicable law, be changed or updated without prior notice, including,
but not limited to, in relation to our policies, products and Services.
Accordingly, the User must check all the information before following it
(the User must familiarize himself with the latest version of the User
Agreement before each use of the Services/Platforms), and the User is
solely responsible for all decisions made based on the information
posted on the Website (we are not responsible for them).
- If
the User uploads any content to the Website, including, but not limited
to, any text, image or other materials, the User declares and guarantees
that such content will not contain: false, misleading or illegally
obtained information; copyrighted materials that the User does not has
the right to publish publicly; obscene, offensive, illegal content or
any other content that may damage or endanger the reputation of
LEWREST; or anything prohibited by applicable law.
-
Without releasing the user from the above liability, LEWREST may,
at its sole discretion, remove any content that violates the above
requirements, in addition to any further actions that LEWREST may
deem necessary. LEWREST is not obligated to verify any such
content and is not responsible for it.
- The User acknowledges
and agrees that LEWREST cannot and will not be able to confirm or
guarantee the authenticity, identity or reliability of any content and
information posted or attributed to any User of the Website. Thus, the
User relies on any content of other Users solely at his own discretion
and at his own risk.
-
Restriction, suspension or termination
- The User may terminate this User Agreement with
LEWREST and close/delete his Account at any time after completing
all incomplete Transactions (in which the User participates), paying the
appropriate Fees and fulfilling all other obligations that directly or
indirectly arose as a result of using the Services (Platform).
-
In the event of an audit, investigation and/or other circumstances of
the AML procedure in relation to the anti-money laundering and terrorist
financing policy, the User's Account is subject to a tax audit. The
LEWREST Group is operated by LEWREST Technologies Limited
(Panama) and operates in accordance with the laws of the Panamanian tax
system. For individuals: incomes up to 11,000 USD – 0%; from 11,000 to
50,000 USD – 15%; over 50,000 USD – 25%. For legal entities, the
corporate income tax rate is 25%. If the company's taxable profit
exceeds 1,500,000 USD, then it pays income tax or 4.67% of gross taxable
income, if the latter is greater. The time interval for fulfilling the
requirement is up to 48 hours from the moment the User receives the
notification.
-
Regardless of any other provisions of this User Agreement,
the User confirms that LEWREST has the right to restrict User
access, set certain restrictions for the User and/or temporarily suspend
the Account and/or User access to the Website, Platform, Services
(including the ability to place Orders and perform Transactions), in
whole or in part, or refuse to conclude, participate in any or all
Transactions, or block funds on the Account balance if, at the
discretion of LEWREST, any of the following circumstances occurs,
or LEWREST considers such a circumstance probable, or if, in
LEWREST's opinion, any of the following circumstances is possible:
- a complete or partial malfunction of the Website
and/or Platform, including a malfunction in the technological processes
underlying the operation of the Website and/or Platform, or any
communication channels on the Website and/or Platform or between the
Website and/or Platform and any other Person or by a counterparty or any
other circumstances where LEWREST, in its sole discretion,
believes that LEWREST is unable to provide access to the Website
and/or Platform;
- violation of the security of the Website and/or Platform;
-
in case of suspicion of violation or actual violation of this User
Agreement, AML/CFT Policy, Privacy Policy or any applicable Laws and
regulations;
- in order to comply with the Law (including, but not limited to, the prohibition or restriction of any Digital Asset);
- detection of unusual and/or suspicious activity on the Account; detection of unauthorized access to the Account;
-
in connection with the procedural actions of state authorities in
relation to activities on a particular Account and/or User's activities,
criminal investigation or any judicial process; by court decision or
decision of a state body; if the User's Account and related actions have
become the subject of judicial and administrative proceedings;
-
in connection with market conditions or conditions in relation to a
specific Digital Asset or pair, which, in LEWREST's opinion,
justifies this as a necessary measure.
- Any actions taken by LEWREST in accordance with
this section will last for a period determined at LEWREST's
discretion. The User agrees that any evasion or any attempt to
circumvent access restrictions, other restrictions or temporary
suspension of the Account in accordance with this section of this User
Agreement constitutes a material violation of this User Agreement.
Performing any actions in accordance with this section is a right and
not an obligation of LEWREST. In addition, the User acknowledges
and agrees that in the event of any of the circumstances listed in this
section, LEWREST may cancel a Transaction that the User previously
initiated or performed using the Platform.
-
The User agrees that LEWREST has the right to
immediately suspend the Account, block any Funds on the Account balance,
suspend access to the Services (to the Platform) and/or close the
Account in the following cases:
- LEWREST detected activity on the Account
related to laundering of proceeds from crime, financing of terrorism;
violation by the User of applicable Laws and regulations on combating
laundering of proceeds from crime and financing of terrorism;
- The User's account and related actions have become the subject of a criminal investigation;
- The account is used by a person subject to UN, EU or US sanctions;
- in case of actual violation by the User of this User Agreement, Privacy Policy or any applicable Laws and regulations;
- LEWREST is obliged to do this by a court decision or an authorized state body.
- In the event of termination of this User Agreement due
to fraudulent activity of the User, violation of the norms of normative
legal acts in the field of laundering proceeds from crime, countering
the financing of terrorism, a significant violation by the User of this
User Agreement (including, among other things, the use of Services by a
Sanctioned Person) or as part of the investigation of fraudulent
Transactions and the fight against the laundering of proceeds from
crime, LEWREST has the right to cancel the User's Account Data
and/or impose (and charge) a fine in the amount of the entire balance of
funds on the User's Account balance.
-
Assurances and guarantees
-
On the date of execution of this User Agreement and on the
day of each use of the Services/ Website (making Deposits/Withdrawal of
any Funds, placing an Order, making/initiating each Transaction), the
User assures and guarantees LEWREST and its affiliates and their
representatives that:
- The User has read all the documents (including
those published on the Website) provided to him in connection with the
use of the Services and the Platform, and the User understands and
agrees that the use of the Services provided by LEWREST will be
governed by these documents with subsequent amendments. The User should
not apply for registration on the Platform in order to create an
Account, deposit or place an Order, make/initiate Transactions, use
other Services available through the Website, if the User is not aware
of how the Services or the Platform function, or is not aware of the
risks associated with the Services, or the nature of the related there
are risks with them.
- The fulfillment of this User Agreement
and the fulfillment of all obligations provided for in this User
Agreement have been duly approved by the User with all necessary
actions; and each Person fulfilling this User Agreement (or authorized
to accept its terms in electronic or other form) and concluding each
Transaction (or using other Services) under this Agreement, on behalf of
the User, has been duly authorized to perform these actions. All
information provided by the LEWREST User, including, but not
limited to, information provided by the User in his Account, is
reliable, accurate and not misleading.
-
The user guarantees that:
- The User can make a transfer or accept in full the Funds received as a result of each Transaction performed by the User;
-
the User's fulfillment of this User Agreement and the fulfillment of
each Transaction (and/or the use of other Services), as well as the
User's fulfillment of his obligations under this User Agreement and his
use of the Services (Platform) will not violate applicable Laws;
-
The User has received and will comply with the terms of all licenses,
consents, registrations, permits, exclusions and memberships required to
use the Services and the Platform in accordance with this User
Agreement, including making Deposits/Withdrawal of Funds,
conclusion/execution of Transactions on the Platform;
- The User
has sufficient knowledge and experience necessary to make informed
decisions regarding the use of the Services/The Platform, and the User
will not rely on any message or statement (written or oral) from
LEWREST as investment advice or recommendations for concluding any
Transaction. The User will be careful and attentive when determining
whether to conduct a Transaction or otherwise perform actions on the
Platform (use Services);
- The Person accessing the Platform is
acting on his own behalf and not on behalf of any third party, unless
that Person is a Representative of the User.
- LEWREST assures and guarantees that it will
provide the Services and fulfill its obligations with reasonable care
and diligence.
-
Limitation of liability and exemption from warranties
- To the maximum extent permitted by applicable law, the
Services, Platform, Website, mobile application, materials and any
product or other element provided by or on behalf of LEWREST are
provided on an "as is" and "as possible" basis and LEWREST
expressly disclaims and the User disclaims any other warranties of any
kind of any kind, express or implied, including, but not limited to,
implied warranties of functionality, fitness for a particular purpose,
or non-infringement of rights or warranties arising in the course of
providing access to the Services, the order of operation or use of the
Services, Platform, Website, mobile application. Without limiting the
foregoing, LEWREST does not represent or warrant that the
Services, Platform, Website, mobile application or materials are
accurate, complete, reliable, current, error-free or free of viruses or
other harmful components.
-
LEWREST does not guarantee that every Order will be
executed, accepted, recorded or remain open. With the exception of the
explicit statements set out in this User Agreement, the User hereby
confirms and agrees that he has not relied on any other statements or
persuasions, written or oral, regarding the use and access to the
Services, Platform, Website, mobile application. Without limiting the
foregoing, the User hereby understands and agrees that LEWREST is
not responsible for any loss or damage resulting from or related to:
- any inaccuracies, inaccuracies or omissions of Data on prices of Digital Assets;
- any errors or delays in the transmission of such Data, interruption of transmission/receipt of any such Data;
-
any damage caused by the actions, omissions or violation of this User
Agreement by another User. The disclaimer of implied warranties
contained in this document may not apply to the extent prohibited by
applicable law.
- To the maximum extent permitted by applicable law,
under no circumstances will LEWREST affiliates, shareholders,
owners, members, directors, officers, employees, attorneys, agents,
suppliers or contractors of LEWREST be liable for any incidental,
consequential or similar damages or liabilities (including, but not
limited to, damages for data loss information, income, profits or other
benefits) arising from or in relation to the Services, Platform,
Website, mobile application, operation or non-functioning of the
Services, the operation of the Platform, Website, mobile application or
any other product or other element provided by or on behalf of
LEWREST.
- Regardless of the above, under no circumstances
will LEWREST, its affiliates and their shareholders, owners,
members, directors, officers, employees, attorneys, agents,
representatives, suppliers or contractors be held liable as a result of
or in connection with the use of the Services, Platform, Website, mobile
application, operation or non-functioning of the Services, operation or
malfunction of the Platform, Website, mobile application or any other
product provided on behalf of LEWREST or its affiliates, exceeding
the amount of Commissions paid by the LEWREST User in accordance
with this User Agreement during the six months immediately preceding the
event that served as the basis for such a statement of liability.
-
Without limiting the foregoing, LEWREST makes no representations
or guarantees regarding the timeliness, accuracy or completeness of any
Data or other information on the Platform or the results that the User
receives when accessing or using the Platform. LEWREST assumes no
responsibility for claims related to any software, technology or
hardware, Platform, existing technologies, Data or any other
information, Materials, Digital Assets or the fact that the Platform
meets or does not meet the User's requirements or that access to it must
be continuous, timely, secure, complete to exclude errors and defects.
- The User is aware that the software and hardware that he uses may not support certain functions of the Platform.
-
Neither LEWREST nor any third party providing information on the
Website, the Platform recommends, supports, protects or acts as a
guarantor for any Digital Asset, trading Pair or Transaction that is
present on the Platform. The user is aware of the significant risks
associated with digital asset markets and trading operations.
LEWREST does not provide financial, tax, legal, investment or
other recommendations. Any information about prices, quotes, forecasts,
profitability estimates or historical indicators is intended for
informational purposes only and does not guarantee future results and
does not constitute an offer to buy or sell or a recommendation to buy
or sell any Digital Assets or perform any Transactions. The User agrees
that the Platform is not and cannot be considered the main reason for
his decision to make any Transaction, and LEWREST is not and
cannot be considered a financial advisor or trustee of the User. By
entering into this User Agreement, the User acknowledges that the
responsibility for any use of Data or other content of the Platform lies
solely with the User.
- The User understands and agrees that,
provided that we have taken reasonable precautions, properly provided
our Services and fulfilled all our obligations under this User
Agreement, LEWREST will be released from liability for any direct
or indirect damages, any lost profits, lost data, inability to use the
Platform, operational downtime, loss of business reputation, cost of
replacing Services or User downtime, the User's affiliates and any other
Persons as a result of the implementation of this User Agreement or in
connection with it, even if the User, the User's affiliate or any other
Person has not previously been notified of the possibility of incurring
such damages, etc.
-
Nothing in this User Agreement can be interpreted as excluding or limiting the liability of either party for:
- fraud or deliberate deception;
- other actions for which liability cannot be excluded or limited by Law.
- The Platform may contain links to third-party websites
and direct Users to other websites. Such websites are not under the
control of LEWREST; moreover, posting links does not mean that
LEWREST approves of such websites. LEWREST does not provide
any guarantees or representations and assumes no responsibility
regarding the accuracy, content, terms of use, privacy policy, legality,
reliability, perception, relevance, compliance with moral standards and
other aspects related to such websites. External websites have separate
and independent terms of use and related policies. We ask Users to
familiarize themselves with the rules, policies, and terms of each
website they visit. The user should take precautions to ensure that
everything he uses is free of viruses, network worms, Trojans and other
malware.
- By performing an operation, the User agrees and
independently assumes all risks associated with Transactions. Users do
not have the right to make claims to LEWREST regarding the
cancellation of transactions. Unless otherwise provided in this User
Agreement for special cases, LEWREST does not accept or process
requests for refunds and/or cancellations of transactions from anyone.
-
Refund
- The User agrees to defend, indemnify and hold harmless
LEWREST, its affiliates and relevant employees, officers,
directors and shareholders from all and any losses and material damage
resulting from injuries, death or other injuries resulting from the
negligence or improper actions of the User or any Person for whom the
User is legally responsible.
-
The User agrees to defend, indemnify and hold LEWREST
harmless from any losses, damages, expenses, claims, litigation, fine,
including legal costs that LEWREST may incur, which are a direct
or indirect consequence:
- misuse of the Website by the User/Services/The Platform or the User's use of the Website/Services/Platforms;
-
the User's inability to fully and timely fulfill any of his obligations
under this User Agreement, including the User's failure to fulfill
obligations related to any Transaction or Order;
- any
representations or guarantees of the User provided in accordance with
this User Agreement that are or have turned out to be false;
- violations by the User of any Law or regulatory act or the rights of third parties;
-
the use of the Platform, the User's Account by any other Person (except
an authorized representative of a legal entity) using the User's
password or any other data (credentials) of the User, regardless of
whether this was done with or without the User's knowledge.
-
Applicable law and dispute resolution
- This User Agreement is governed by and interpreted in accordance with the laws of Panama.
-
In case of disputes on the issues specified in this User Agreement, the
Parties will take all possible measures to resolve them through
negotiations.
- If the Parties fail to reach an agreement
through negotiations, any dispute arising out of or in connection with
this User Agreement must be reviewed and finally resolved in accordance
with the Rules of the Panamanian Arbitration Court. The place of
arbitration is Panama. The language of arbitration is English. Such a
decision is final and binding on both parties and can be used or
prepared for execution in any court having jurisdiction; if necessary,
an application can be submitted to the appropriate competent court.
-
The Parties agree that information about the arbitration, including,
but not limited to, information about the content of any arbitration
award, is confidential and is not subject to disclosure to third parties
without the written consent of the Parties, unless otherwise provided
by Law.
-
Confidentiality and disclosure of information
-
The User agrees not to disclose any Confidential Information
concerning LEWREST or LEWREST affiliates obtained in
connection with the conclusion of this User Agreement or any
investigation conducted in connection with this User Agreement, and, if
applicable, the User will also ensure that this obligation is fulfilled
by his officials, employees and consultants who such information was
disclosed. The obligations provided for in this section do not apply to
Confidential Information that:
- legally belonged to the User before the conclusion of this User Agreement;
-
was voluntarily disclosed to the User by third parties, if such Persons
do not violate any obligations not to disclose such information;
- voluntarily disclosed by LEWREST;
- is already known to the general public.
- LEWREST will not distribute or otherwise
transmit information about Users and/or potential users of the Website
and/or Platform, except for its Representatives, relevant employees (in
accordance with applicable Laws and regulations on personal data
protection) in the normal course of LEWREST's activities, as well
as for the purpose of bank or credit obligations of LEWREST.
-
LEWREST may also transfer the User's Personal Data to
law enforcement agencies, data protection agencies, government
officials, and government agencies if:
- this is required by Law;
- this is required
by state authorities when engaging in judicial proceedings, on the basis
of a court order or decision or other legal procedure;
- LEWREST believes that such disclosure is necessary to prevent losses or financial losses;
- disclosure of information is necessary to report alleged illegal activities;
- disclosure of information is necessary to investigate violations of this User Agreement or any applicable legislation.
- The Privacy Policy has the highest legal force in relation to this section of the User Agreement.
-
Notifications
-
Except as expressly provided for in this User Agreement and
applicable Law, all notices, messages and documents related to the
fulfillment by the Parties of obligations arising from this User
Agreement must be sent and considered received by the Parties if they
are sent by e-mail from the official address of one of the Parties to
the official address of the other Party. Official addresses:
- for the User: e-mail address or postal address specified in the Account (personal account) The user;
-
for LEWREST: the corresponding e-mail address indicated on the
Website, or the postal address of the company managing the Website
indicated on the Website.
- If, in accordance with the above provision, any
notification, request or other message for LEWREST was delivered
or sent after 17:00 (UTC) and/or not on a Business Day, such
notification, request or other message is considered delivered or
received at 9:00 (UTC) on the next Business Day of the day.
-
LEWREST can provide information, notifications and confirmations
to the User through the Platform regarding Orders, Transactions,
Services, the Platform and their use. Such information, notifications
and confirmations are considered received by the User as soon as they
become available to the User through the Platform.
-
The exhaustive nature of the agreement, amendments and autonomy
provisions
- This User Agreement and any other documents mentioned
therein constitute the entire agreement between the Parties and
supersede any previous agreements, agreed terms or agreements between
them relating to the subject of this User Agreement. Each Party
acknowledges that it does not rely on any statements, representations or
guarantees ("statements") in entering into this User Agreement any
Person (regardless of whether they are a Party to this User Agreement),
except for the cases expressly specified in this User Agreement or other
documents specified in this User Agreement.
- LEWREST has
the right to unilaterally change the terms of this User Agreement,
Privacy Policy, AML/CFT Policies and Procedures, as well as Commissions
and limits. Such changes come into force after 3 (three) days from the
date of posting the new version of the relevant documents on the
Website.
- On each subsequent visit to the Site, the User must
familiarize himself with the new version of the above documents before
using the Account. Continued use of the Website and/or the Platform
through the User's Account will mean that the User accepts the terms of
the new version of the documents mentioned above.
- If the User
does not agree with the terms of the new versions of the above-mentioned
documents, the User must stop using the Website and the Platform,
including by closing all pending Transactions with LEWREST.
-
If any provision of this User Agreement is or becomes (regardless of
whether it is based on any decision or otherwise) invalid, illegal or
impossible to enforce in any way in accordance with applicable law,
validity, legality and enforceability The remaining provisions contained
in this document cannot be affected or violated in any way.
-
If any court or government body determines that any provision of this
User Agreement (or part of any provision) is invalid, illegal or
unenforceable, this provision or part of it will be considered deleted
to the extent necessary, and this will not affect the validity, legality
and applicability of the rest the provisions of this User Agreement.
-
Change of management and transfer of rights
- If LEWREST changes its structure as a result of a
merger or acquisition by a third party, or LEWREST's assets and/or
business (in whole or in part) are acquired by a third party (in the
case of any of these circumstances), LEWREST reserves the right to
transfer information received from the User, including Personal Data of
the User and other information within the framework of such
acquisitions, mergers, sales, transfers, or other changes of control.
-
The User must not transfer the rights and obligations under this User
Agreement in any way without the prior written consent of LEWREST,
and any alleged assignment in violation of this clause is invalid.
LEWREST may transfer the rights and obligations under this User
Agreement (in whole or in part) to another person(s) in connection with
the transfer of all or part of LEWREST's assets or business to a
LEWREST affiliate or any third party with at least five Business
Days prior notice. By accepting this User Agreement, the User gives
unconditional consent to the above-mentioned assignment and/or transfer,
including the transfer of User's Personal Data and other information
related to the User, as well as to the transfer of any Funds on the
User's Account by LEWREST, as part of such transfer of rights.
-
Data Fixation
-
The User acknowledges and agrees that any telephone
conversations and other communications between the User and
LEWREST, including the LEWREST technical support service,
may, at LEWREST's discretion, be recorded with or without the use
of an automatic audio notification device. In addition, the User
unconditionally agrees and authorizes LEWREST to use such records
and any transcripts thereof as evidence in connection with any dispute
or litigation or any problem arising out of or in connection with this
User Agreement, the Services, any Order or Transaction.
-
Delisting Policy
- LEWREST has the right to remove any coin/token from
the Platform for any reason specified in the coin/token listing
agreement. Having made such a decision, LEWREST must send a
delisting notification to the coin/token issuer (or the team/legal
entity managing the relevant project, or the relevant project owners, or
the Person who initiated the listing) fourteen (14) days before the
start of the Delisting procedure.
-
LEWREST decides on the Delisting of the coin/token in
accordance with the following criteria and circumstances:
- the coin/token is no longer supported by the team, the issuer, the community, etc.;
-
the blockchain or related technology has been compromised or faulty, or
has serious technical or security problems (including if this has
become known from publicly available sources);
- in connection with the introduction of new regulatory standards and other compliance issues;
- the coin/token is facing serious legal problems related to compliance with applicable Laws and regulations;
- violation of the LEWREST User Agreement or the relevant listing agreement;
- in cases stipulated by the relevant listing agreement;
- multiple complaints (or reports of suspicious activity) related to the coin/token from Users;
- if it is necessary to prevent and/or suppress fraud, manipulation, security breaches or other illegal actions, hacker attacks.
- The beginning of the Delisting procedure is marked by
disabling Deposits and trading of coins/tokens, specifying the deadline
for Withdrawal of coins/tokens and sending a Notification about
Delisting to Users who have such coins/tokens on Account balances.
-
LEWREST will send Delisting Notifications to Users who have such
coins/tokens on Account balances, about the Delisting of coins/tokens
via e-mail notification and/or messages on social networks. Users are
solely responsible for regularly checking for updates on the Delisting
of coins/Tokens.
- LEWREST provides Users with a deadline,
which must be specified in the Delisting Notification, to withdraw
coins/tokens from their LEWREST Accounts to external wallets. The
period specified in the Notification of Delisting for Users must be 30
calendar days from the date of sending such Notification. At the end of
the specified period, Users will not be able to see the balance of
coins/tokens that are undergoing the Delisting procedure on the
LEWREST User Account.
- If the User does not withdraw the
specified coins/tokens within the period specified in the Delisting
Notification, LEWREST provides him with an additional period of
120 calendar days (hereinafter referred to as the "Penalty Period") to
Withdraw coins/tokens from his LEWREST Account with an appropriate
fine, which will be automatically charged by LEWREST.
-
On the last day of the deadline specified in the Delisting Notification,
LEWREST sends the Final Delisting Notification to Users who still
own the coin/token undergoing the Delisting procedure by e-mail. The
final Delisting notification must contain information about the number
of such coins/tokens on the Account balance of the LEWREST User
and information about the penalty that will be charged automatically if
the User does not withdraw such coins/ tokens from his LEWREST
Account before the start of the Penalty Period.
- If the amount
of coin/token is less than the minimum withdrawal limit set by
LEWREST, Users will not be able to use the Penalty Period. Such a
coin/token in an amount that does not meet the established minimum
cannot be withdrawn. LEWREST will make reasonable efforts to
reduce the minimum Withdrawal limit and/or Withdrawal Fees during the
Delisting procedure.
- To withdraw a coin/token that is
undergoing the Delisting procedure during the Penalty Period, the User
must contact the LEWREST Support Team at support@LEWREST.com
, via online chat or by creating a Ticket in the LEWREST User
Account, and follow her instructions.
- During the Penalty
Period, LEWREST applies an appropriate penalty, which is 25% of
the amount of the coin/token that is being Delisted and which the User
owns on the first day of the Penalty Period. LEWREST charges such a
fine once every 30 calendar days from the start of the Penalty Period.
-
During the Penalty Period, once every 30 calendar days, LEWREST
sends a notification of the fine, which will be automatically collected.
LEWREST sends such notifications until the end of the Penalty
Period or until the User's balance in the coin/token that is undergoing
the Delisting procedure is less than the minimum withdrawal limit or
equal to zero.
- LEWREST has the right to freely remove
the coin/token from the Platform after the expiration of the Withdrawal
period specified in the Notification of Delisting for Users and the end
of the Penalty Period (if such was provided to the User). In this case,
technical support for the coin/token (as well as the technical ability
to store coins/tokens on the Platform's wallet) is terminated, and all
User balances in deleted coins/tokens are canceled without compensation.
- In cases where LEWREST, due to technical or other
changes or technical problems in the relevant blockchains (serious
technical problems or updates), cannot guarantee the withdrawal of the
relevant Digital Assets (related to such a blockchain) within 14 days,
LEWREST reserves the right to shorten this period. In this case,
LEWREST will send at least three (3) warnings to Users by e-mail
and/or through official social media channels.
-
Final provisions
- This User Agreement is valid until terminated by one of the
Parties. The User may terminate this User Agreement at any time (after
fulfilling the relevant requirements provided for in this User
Agreement) by stopping using the Services (Platform) and deleting all
copies of any software components from all their devices and equipment.
-
In addition to the cases specifically provided for in this User
Agreement, LEWREST may unilaterally terminate this User Agreement
at its discretion by notifying the User at least 10 days in advance.
*This User Agreement is written in English, and
the English version has the force of the original. Russian version
The User Agreement is solely a translation. By
the presence of discrepancies between the language versions is exclusively English
the version has priority, so please refer to the English version
the text of the User Agreement.