ACEX Terms & Conditions
These ACEX Terms and conditions are entered into between you (hereinafter referred to as “you” / Client) and AFRICAN CONSOLIDATED EXCHANGE (ACEX) hereinafter referred to as ACEX or “the company” (as defined below).
Please read the terms and conditions carefully as they govern your use of ACEX services. These terms and conditions contain important provisions below that give an overview of the key terms that apply to your use of the ACEX exchange / website.
This agreement shall govern the relationship between the client and ACEX and shall be amended from time to time. You hereby expressly acknowledge and agree that:
(a) By downloading, completing and / or submitting to us and / or clicking in the appropriate space on “I agree” to the acceptance of the terms, or similar buttons or links as may be designated by us to show your approval and acceptance of this Agreement, you agree that you have read, understood and accepted all terms and conditions stipulated herein (hereinafter referred to as “these Terms”) as well as our privacy policy and that you are entering into a legally binding contract between you and ACEX. In addition, you fully agree to abide and to be bound by all the terms and conditions set out in this Agreement, as they apply to you. Further by accessing, using or attempting to use ACEX services in any capacity, you acknowledge that you accept and agree to be bound by these terms. If you do not agree with any of the terms and conditions, do not access ACEX website / exchange or utilise ACEX services.
In addition, when using some features of ACEX services, you may be subject to specific additional terms and conditions applicable to those features.
1. Definitions
ACEX refers to an ecosystem comprising ACEX websites whose domain names include but are not limited to acex.market, mobile applications, clients, and other applications that are developed to offer ACEX services.
“Electronic trading platform” means any electronic system (including “trading platform”, web-based platforms, mobile platforms, etc) operated by the Company, through which the company provides investment services to the client.
“Company’s website” means acex.marketor any other website that may be the company’s website from time to time.
Software” shall mean any software that gives clients / traders an unfair advantage which shall include, but not limited, to specialised software programs that are designed to exploit possible price latencies on our online trading exchange / platform or that allow for the use of technological and/or algorithmic trading patterns that are exploitative.
ACEX operators ：refer to all parties that run ACEX, including but not limited to legal persons, educators, Introducing Brokers (IBs), verified merchants,unincorporated organisations and teams that provide ACEX services and are responsible for such services. Under these terms, acex operators may change as ACEX’s business adjusts, in which case, the changed operators shall perform their obligations under these terms with you and provide services to you, and such change does not affect your rights and interests under these terms.
Additionally, the scope of acex operators may be expanded due to the provision of new acex services, in which case, if you continue to use ACEX services, it is deemed that you have agreed to jointly execute these terms with the newly added ACEX operators. In case of a dispute, you shall determine the entities by which these terms are performed with you and the counterparties of the dispute, depending on the specific services you use and the particular actions that affect your rights or interests.
“Users’’ refer to all individuals, Institutions or organisations that access, download or use ACEX or ACEX services and who meet the terms and conditions stipulated by ACEX. This also includes other agreements for such entities as developers, distributors, market makers, and digital currencies exchanges and such agreements shall be followed.
“Client account” means any and all the accounts opened by ACEX for the client under this agreement. It also includes sub accounts.
“Client funds” means any money that the company receives from the client or holds for on client’s behalf.
“Access codes” means the client’s access codes, any login code, password(s), client’s trading account number and any information required for accessing the company’s trading platform and/or company’s client portal.
“Introducing broker” means any financial institution or advisor or legal or natural person obtaining remuneration from the company and / or clients for introducing clients to the company.
ACEX services refer to various services provided to you by ACEX that are based on Internet and / or blockchain technologies and offered via ACEX websites, mobile applications and other forms (including new ones enabled by future technological development). ACEX services include but are not limited to various digital assets trading services, crypto, stocks, forex, commodities, properties, Global payment solutions, ACEX Visa Card, ACEX Academy, ACEX Labs, ACEX Launchpad, ACEX research, ACEX Fiat Gateway, Synthetic Indices and exotic currencies and future services to be provided by ACEX.
“Digital assets’’ refer to digital currencies, all derivatives of digital currencies or other types of digital assets with a certain underlying value.
“Digital currencies refer to crypto currencies that exist only in digital or electronic form and that can operate independently of a central bank.
ACEX platform rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by ACEX as well as all regulations, implementation rules, product process descriptions, and announcements published in the help centre or within products or service processes.
“Account balance” is the “funds balance” in the client’s account.
“Agreement” means the present terms and conditions (agreement) and all supplementary documents, as the same may be amended from time to time.
“Affiliate” means a partnership or a company controlled by and / or in common control with another person.
“Applicable regulation” means the rules of any relevant regulatory authority and also the rules of any relevant exchange
“Base currency” means the main currency of the client’s account.
“Investment advice” means personal recommendations to a client by ACEX, either upon a client’s requests or at the initiative of the company.
“Investment services” means the services to be provided to the Client by ACEX.
“Order” means the request for the transaction execution.
“Outsourcing” means any form of arrangement between ACEX and a service provider by which that service provider performs a process, a service or an activity which would otherwise be undertaken by the company itself.
“Value date” means the date of delivery of funds.
2. Scope and application
2.1 This Agreement (and any amendments to this Agreement) supersede any previous agreement between ACEX and the client on the same subject matter and takes effect between the company and the client.
2.2 This Agreement sets out the basis on which the company agrees to provide Investment services and financial Instruments.
2.3 The Agreement shall commence once ACEX has informed the client that his/her account has been activated and also upon completion of due diligence based on satisfaction of the ‘Know-Your Customer’ (KYC) requirements.
2.4 This Agreement aids the client in making an informed decision about the company, its services and the risks of the provided financial instruments.
2.5 The client should read this Agreement in its entirety before opting to acquire or to continue to hold any financial instrument and/or to be provided by the company any Investment and/or ancillary service.
2.6 This Agreement governs all investment and/or ancillary services provided by the company.
3. General information
3.1 The business name is ACEX and the domain name is acex.market owned by ACEX (T.E. Markets Ltd).
ACEX may also register and operate other websites mainly for promotional and marketing purposes in languages other than English.
3.2 The client accepts and understands that the official language of the company is the English language.
3.3 For your benefit and protection, you should take sufficient time to carefully read this Agreement as well as any other additional documentation and information made available to you via our website prior to opening a trading account with us and before accessing and/or using ACEX online trading platform.
4. ELIGIBILITY
In order for an applicant to qualify to use ACEX services, an applicant must meet and/or satisfy the eligibility criteria below. By registering to use an ACEX Account, you agree that
4.1 Age
As an individual, you confirm that you are at least 18 years of age.
4.2 Capacity
You confirm that as an individual, legal person, or a company/ organisation, you have full legal capacity and sufficient authorisation to enter into these terms and conditions.
4.3 Suspension/ removal from other platforms.
You confirm that you have not been previously suspended and/or removed from other digital exchanges and/or platforms.
4.4 Jurisdictions prohibited from using ACEX services
Please note that some products and services may not be available in certain jurisdictions or regions or to certain users.
Applicants who reside and/or are domiciled in the following countries are not permitted to use
ACEX reserves the right to change, modify or impose additional restrictions.
4.5 Violation of any laws.
You undertake not to violate any laws and regulations applicable to you.
4.6 Prohibition of unlawful or illegal activities
ACEX prohibits unlawful and/or illegal activities and shall not allow an applicant/user to use its ACEX services if it is established the user/applicant is involved in unlawful and/or illegal activities.
4.7 Anti money laundering policy
ACEX prohibits money laundering activities and shall not allow applicants/clients to partake of any ACEX services if it is established the source of funds are proceeds of money laundering activities.
4.8 Market misconduct
Applicants known to have committed acts of market misconduct in other exchanges/ platforms related to digital currencies, will not be permitted to use ACEX services.
5. ACEX Account registration and requirements.
5.1. Registration
All intending users of ACEX services must apply for an ACEX Account at (acex.market)
While registering for an ACEX account, you are required to provide accurate information which includes your real name, email address and password. You must provide ACEX with truthful and complete information at all times; including but not limited to your
(a) full name
(b) Email address
(c) address/ residency
(d) date of birth
(e) nationality
(f) contact information;
(g) payment instructions;
(h) and any other personal identifiable information that we may ask from you from time to time, such as original or true copy of your passport/ID and/or other identifying documents that we may request from you from time to time.
5.2. User Identity Verification
Upon registration of an account with ACEX, it will be deemed that you have agreed to provide ACEX with the required personal information for identity verification. Such information will be used as per the privacy policy.
You also agree to allow us to keep a record of this information during the period for which your account is active and within five years after your account is closed, in compliance with global industry standards on data storage. When providing the required information, you confirm it is true and accurate.
5.3. Account Usage Requirements
The ACEX Account can only be used by the registered holder of the account. If it is established by ACEX that an ACEX account is being accessed and/or operated by any other person other than the registered account holder then ACEX reserves the right to suspend, freeze or cancel the use of such ACEX accounts.
You are advised to be vigilant and if you have reason to believe or you suspect or become aware of any unauthorised use of your username and password, you should immediately notify ACEX in writing.
You are advised to always take appropriate steps to logout from your ACEX account at the end of each visit.
ACEX shall not be liable for any loss or damage arising from a third party accessing and/or using your ACEX account with or without your authorisation.
5.4 Account Security
Whereas ACEX endeavours to maintain security of user entrusted funds, and has put in place industry standard protection and/or safeguards for ACEX services, actions of individual users may pose risks therefore it is incumbent upon ACEX service users and/or account holders to ensure and agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be responsible in taking the necessary security measures to protect your ACEX account and personal information.
It is your sole responsibility to keep safe your ACEX Account and password, and be responsible for all the transactions under your ACEX Account. ACEX assumes no liability for any loss or consequences caused by a third party’s authorised or unauthorised use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
5.5. Personal Data
ACEX will endeavour to protect your personal data and keep the same confidential but in certain instances, ACEX has the right to collect, process, use or disclose your personal data in accordance with the terms (including the Privacy Policy) or applicable laws.
6. RISK ALERT/WARNING
6.1 Digital Currencies (as defined above) by nature do fluctuate significantly occasioning economic losses as the risk involved when purchasing, selling, holding or investing in digital currencies and their derivatives cannot be controlled. By agreeing to use ACEX services, you acknowledge and agree to the following:
6.2 Using internet-based trading systems also involves risks, including but not limited to failures in the software, hardware, or Internet links, etc. In view of the fact that the company cannot control the reliability and availability of the Internet, ACEX will not be responsible for any distortion, delay and link failure.
6.3 That you are aware of the risks associated with transactions of digital currencies and their derivatives and you accept to bear the risks related to the use of ACEX services and of digital currencies and their derivatives.
6.4 ACEX will assess whether a proposed service is appropriate for the client based solely on information supplied by the client, including financial information, previous experience in investment products, risk tolerance and investment objectives.
6.5 General views expressed to the client (whether orally or in writing) on the economic climate, markets, investment strategies or investments, trading suggestions, research or other such information are not to be viewed as advice or company recommendations and will not give rise to any advisory relationship.
6.6 When the client makes a decision to deal or to undertake any financial Instrument, service or transaction, the client should consider the risks inherent in such financial instruments.
6.7 The client unreservedly acknowledges and accepts that, regardless of any information which may be offered by the company, the value of any investment in financial Instruments may fluctuate downwards or upwards.
6.8 The client declares and warrants that he/she has read and understood and accepts that informationof previous performance of a financial Instrument does not guarantee its current and/or future performance.
6.9 The client acknowledges and accepts that there may be other risks apart from those mentioned. The client also acknowledges and accepts that he/she has read and understood the company’s risk disclosure policy which was provided to him/her during the account opening process and which is also available on the ACEX’s website.
7. General Provisions
7.1. Contractual relationship.
These Terms you have agreed to, constitute a legal binding contract between you and ACEX and ACEX operators.
7.2. Supplementary terms.
Since digital currencies are developing rapidly, and it may not be possible to enumerate and cover all the rights and obligations of each party or the terms between you and ACEX operators, the client is bound by the supplementary terms contained in ACEX private policy, ACEX platform/exchange rules and other agreement(s) entered into between you and ACEX.
7.3. Changes to the terms
ACEX reserves the right to change or modify these Terms in its discretion. ACEX will however give sufficient and/or reasonable notice and notify you of such changes by updating the terms on its website.
7.4 The Client acknowledges that no representations were made to him/her by or on behalf of the Company which may have in any way incited or persuaded him/her to enter into this Agreement. ACEX is the trade name.
7.5 The client shall not assign charge or otherwise transfer or purport to assign, charge or otherwise transfer client’s rights or obligations under this agreement.
7.6 If the client is a partnership, then the client's liability under this agreement shall be joint and several.
7.7 Any waiver of this agreement must be set out in writing, must be expressed to waive this agreement, and must be signed by or on behalf of both the Company and the Client.
7.8 If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall be affected or impaired.
7.9 The Company’s records, unless shown to be wrong, will be evidence of client’s dealings with the company in connection with the company’s services. The client will not rely on the company to comply with client’s record keeping obligations, although records may be made available to the client on request at company’s discretion.
7.10 This Agreement and all transactions are subject to applicable regulations so that:
(i) if there is any conflict between this agreement and any applicable regulations, the latter will prevail;
(ii) nothing in this Agreement shall exclude or restrict any obligation which the company has to the client under applicable regulations.
(iii) the company may take or omit to take any action it considers necessary to ensure compliance with any applicable regulations and whatever the company does or fail to do in order to comply with them will be binding on the client;
7.11 The company, from time to time and as often as it deems appropriate, may issue material (“the Material”), which contains information including but not limited to the conditions of the financial market, posted through the company’s website and other media. It should be noted that the material is considered to be marketing communication and are provided to the Client for information.
7.12 At certain times, ACEX may provide various analytical tools (such as market data, exchange rates, news, headlines and graphs), link to other websites, circulate newsletter and/or provide you with third party’ information on our online trading facility, for your convenience only.
8. About ACEX
ACEX is a unified online exchange platform for trading all varieties of financial market instruments like Forex, Commodities, Synthetic Instruments, Indices, Commodities, African exotic currencies and other financial instruments, especially those of African descent.
The main focus of ACEX is to provide a global online digital assets trading platform and to also provide users with a payment processing service, a trading platform, financing services, technical services and other digital assets-related services. For users to start trading on the ACEX exchange/platform, a trading account must be created/registered on acex.market and a digital asset deposit into such an account must be made.
As an important part of the ACEX ecosystem, ACEX mainly serves as a global online exchange /platform for digital assets trading and provides users with a trading platform.
9. ACEX Services
Upon completion of the registration and identity verification for your ACEX Account, you may use various ACEX Services, including but not limited to, Crypto, Stocks, Forex, commodities, properties, synthetic indices and exotic.
10. Electronic Trading
10.1 The company shall provide the client with the facility (access codes) to enter into transactions or carry on dealings with the company via an internet website or through some other electronic medium (company’s Electronic Systems).
10.2 The client will only be entitled to access the company’s electronic systems and enter into Transactions via the company’s electronic systems for his/her own internal business use on a non-exclusive, non-transferable basis.
10.3 All rights and interests and all intellectual property rights (including, without limitation, all trademarks and trade names in or relating to ACEX are owned by ACEX, ACEX’s suppliers and are being used by ACEX under licence, and will remain ACEX’s property or that of ACEX’s suppliers at all times. The client will have no right or interest in those intellectual property rights other than the right to access ACEX’s electronic systems and use of the services provided via ACEX’s electronic systems.
10.4 The client may only download any content of the company’s electronic systems (Content) in order to use it for his/her designated purpose. The client will treat all content as confidential. The client shall not republish, distribute, reproduce the same.
10.5 The client acknowledges that electronic communications can be subject to delay and/or corruption and that content of the company’s electronic systems may not be provided in real time or updated. Only electronic trading interface orders will be accepted.
10.6 The client undertakes to take the necessary precautions to ensure the confidentiality of all information, including, but not limited to the client’s electronic systems access codes, user ID, portfolio details, transaction activities, account balances as well as all other information and all orders.
10.7 The ACEX reserves the right to reject any orders transmitted to the company through any means other than the Company’s predetermined Electronic Systems.
10.8 The Company shall bear no liability if third persons gain access to information, including electronic addresses, electronic communication and personal data, transmitted between the Client and the Company or any other party, by use of the Internet or other network communication facilities, telephone, or any other electronic means.
10.9 The Company shall maintain its electronic Systems in such a manner as to ensure its efficient and effective operation. To this respect ACEX may be required to effect maintenance, replacements, updates, upgrades, fixes and patches to its electronic systems. Such actions may cause the company’s electronic systems to be inaccessible to the client for a period of time.
11. Client’s orders and instructions
11.1 The client may give instructions to the ACEX in
(a) writing and duly signed,
(b) by electronic means
11.2 In the absence of any other agreement between the company and the client, the company will act on any instruction which it reasonably believes to have been given.
11.3 The client must ensure that any instructions given to the company are clear and intelligible. If the client does not provide such instructions promptly, clearly and in an intelligible form, the company may, at its absolute discretion, ask the client to confirm the instruction in writing,
11.4 Instructions once given by the client may not be withdrawn or amended without the company’s consent. The company can only cancel the client’s instructions if the company has not already acted upon the instructions.
11.5 The company has the right at its absolute discretion to increase or decrease the spreads of any financial instrument depending on the current market conditions and the characteristics of the client’s order.
11.6 The company will take all reasonable steps to obtain the best possible results for its clients when executing client orders in relation to financial instruments.
11.7 The client orders can be executed as market orders or instant orders which always depend on the account type of each client.
11.8 The company’s “order execution policy” forms part of the client’s agreement with the company and therefore by entering into this agreement with the company the client also agrees to the terms of the “order execution policy”.
11.9 By entering into this agreement the client shall be deemed to have given his/her express consent to the company to execute orders.
12. Service usage guidelines
12.1. Licence:
Provided that you constantly comply with the express terms and conditions stated in these terms, ACEX grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sub-licensable licence to access and use ACEX services provided that you constantly comply with the express terms and conditions stated herein.
ACEX prohibits you from using ACEX services for resale or commercial purposes, including transactions on behalf of other persons or entities. ACEX reserves all rights not expressly granted in these Terms and conditions.
You agree that when you use ACEX services the same only does not transfer ACEX Services or the ownership of intellectual property rights to you or any other persons.
13. Restriction
When you use ACEX services, you agree and undertake to comply with the following provisions:
13.1 You are required to comply with the requirements of applicable laws and regulations when using ACEX services.
13.2 You cannot use ACEX data for commercial use without the written consent of ACEX. These commercial uses include:
(i) Trading services that make use of ACEX quotes or market bulletin board information.
(ii) Data feeding or streaming services that make use of any market data of ACEX.
(iii) Any other websites/applications/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from ACEX.
13.3 The client shall not unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that ACEX has applied to its online trading platform/exchange and/or computer system(s). If ACEX determines that you are in breach, ACEX has the right to completely block you from accessing the ACEX online trading exchange. In addition, ACEX shall block and/or revoke your access codes.
13.4 It is absolutely prohibited to use any software,which ACEXin its discretiondetermines that its sole purpose is to apply any kind of artificial intelligence analysis to the company’s online trading platform and/or computer system(s) with an ultimate goal to gain unfair advantage and exploit our trading facility.
13.5 Any indication or suspicion in the company’s sole discretion, of any form of arbitrage (including but not limited to risk free profiting), abuse (including but not limited to participant's trading activity patterns that indicate that the participant solely aims to benefit financially without being genuinely interested in trading in the markets and/or taking market risk), internal hedging in coordination with other parties, abuse of our ‘no negative balance’.
14. Staking programs
ACEX will from time to time launch staking programs for specific types of digital currencies.
15. Company’s Fees, costs and charges
By trading on the ACEX platform/ exchange, you agree to pay ACEX the fees and charges as provided on the platform. ACEX reserves the right to update the fees as it deems fit. You acknowledge that these terms are binding on all your transactions and further authorise ACEX to deduct from your account such fees owed to ACEX as captured in these terms of use.
ACEX is not responsible for paying the client’s tax obligations in relation to possible income tax or similar taxes imposed on the client by his/her jurisdiction.
Clients may also incur expenses relating to the withdrawal methods, which can be found in the company’s website.
The funds credited to the client’s account by the Company shall not bear interest.
16. Staking programs
ACEX will from time to time launch staking programs for specific types of digital currencies.
You agree to pay ACEX the fees as would be stated in the details of the staking program.
17. Trade Adjustments
17.1 Clients must be aware that Forex transactions carry a high degree of risk. The amount of initial margin may be small relative to the value of the foreign currency so that transactions are ‘leveraged’ or ‘geared’ A relatively small market movement may have a proportionately larger impact on the funds that the Customer has deposited or will have to deposit. This may work against as well as for the customer.
17.2 The company exclusively reserves the right to widen its variable spreads, adjust leverage, change its rollover rates and/or increase the margin requirements without notice under certain market conditions including, but not limited to, when the trading desk is closed, around fundamental announcements, as a result of changes in credit markets, at times of extreme market volatility and/or when the Company deems that such exposure is risky and that it is not possible for the Company to mitigate its risks. In such circumstances, the Customer agrees to indemnify the Company for any and all losses that may occur due the widening of spreads and the adjustment of leverage.
18. safeguarding of client’s funds
18.1 When holding client funds on client’s behalf, the company shall take every possible measure to safeguard the funds.
18.2 The company will maintain separate records in the accounting system of its own funds/assets and funds/assets kept on behalf of clients.
18.3 Unless otherwise agreed with you in writing, the company will deal with any funds that it holds in your account in accordance with the relevant provisions of "safeguarding the clients’' money".
19. Company Liability
19.1 The company will not be liable for any loss, liability or cost suffered or incurred by the client as a result of providing services to the client unless the loss, liability or cost is caused by the company’s gross negligence, wilful default or fraud committed while acting on client’s instructions.
19.2 The company shall not be held liable for any loss which is or which may be the result of deceit in relation to the facts or mistaken judgement or any act done or which the company has omitted to do, whenever it arose, unless to the extent that such deceit or act or omission is directly due to deliberate omission or fraud by the company.
19.3 The client warrants and represents that he/she shall indemnify the company and maintain it so indemnified against any claim, damage, liability, costs or expenses of any third party and/or which may be satisfied by the company and which may arise in relation to this agreement and/or in relation to the provision of the Investment Services and/or in relation to the disposal of the client’s financial instruments and/or in relation to the non fulfilment of any of the client’s statements and/or orders and/or instructions contained in this Agreement.
19.4 In the event of the death or mental incapacity of the client, the company will have no responsibility or liability whatsoever in respect of the actions or omissions or fraud committed by an authorised third party in relation to the client’s trading account and/or money and the company will stop accepting requests, instruction in the name of the deceased account holder.
20. Indemnification
You agree to indemnify and hold harmless ACEX operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority).
(i) your use of, or conduct in connection with, ACEX services.
(ii) your breach or our enforcement of these terms.
(iii) your violation of any applicable laws, regulation, or rights of any third party during your use of ACEX services.
On a continuing basis the client shall indemnify the company against any loss, liability and cost which the company may suffer or incur under the provision of the services of this agreement, including but not limited to
(i) as a result of acting on any instruction which the company reasonably believes to have been approved by the client or given on client’s behalf.
(ii) as a result of the client’s breach of any material provision of this agreement.
21. Announcements
You are advised that all official announcements, news and promotions will be listed onacex.market and our official social media platforms hyperlinked on acex.market.
Users are advised to check regularly and promptly the official website as ACEX will not be held liable or responsible in any manner of compensation should users incur personal losses arising from user’s negligence and failure to promptly and regularly check all announcements.
22. Termination of agreement and default
22.1 Either party (ACEX or client) can terminate this agreement by giving five (5) business days written notice. Termination will be without prejudice to transactions already initiated. In the case of such termination, all pending transactions on behalf of the client shall be cancelled and any open positions shall be closed.
22.2 Upon termination of this agreement the company shall prohibit the client from accessing ACEX’s trading exchange/platform without prior notice to the client.
22.3 ACEX may terminate this Agreement immediately without giving five (5) business days notice, and ACEX has the right to reverse and/or cancel all previous transactions on a Client’s account, in the following events of default:
(i). The client involves the company directly or indirectly in any type of fraud and which places the company’s or any company’s clients interests at risk prior to terminating the Agreement
(ii). The company has grounds to believe that the client’s trading activity affects in any manner the reliability and/or smooth operation of the company’s trading platform.
22.4 The termination of this agreement shall not in any case affect the rights which have arisen, existing commitments or any contractual provision which was intended to remain in force after the termination and in the case of termination.
22.5 Upon termination of this agreement, the company shall immediately hand over to the client the client’s assets in its possession, provided that the company shall be entitled to keep such client’s assets as necessary to pay any pending obligations of the client.
23.1. Suspension of ACEX Accounts
You agree that ACEX shall have the right to immediately suspend your ACEX Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the digital assets or funds if ACEX establishes you have violated these terms, ACEX privacy policy, or any applicable laws and regulations or in the event your ACEX account is subject to a governmental proceeding, criminal investigation or other pending litigation.
Also, an ACEX account may be suspended on the following grounds.
● ACEX detects unusual activities in the ACEX Account;
● ACEX detect unauthorised access to the ACEX Account;
● ACEX is required to do so by a court order or command by a regulatory/government authority.
23.2 Cancellation of ACEX Accounts
ACEX shall have the right to directly terminate this agreement by cancelling your ACEX account, in the event you: -
(i) Request ACEX to terminate your account and you thereafter register another ACEX account using another person’s name.
(ii) The information you have provided is untruthful, outdated, inaccurate and/or incomplete.
Should your ACEX account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years.
If ACEX is informed that any digital assets or funds held in your ACEX account are stolen or otherwise are not lawfully possessed by you, ACEX has an obligation to place an administrative hold on the affected funds in your ACEX account.
23.3 Remaining funds after ACEX account termination
Except as set forth, once an ACEX account is closed/withdrawn, the remaining account balance (which includes charges and liabilities owed to ACEX) will be payable immediately to ACEX. Upon payment of all outstanding charges to ACEX (if any), users will have5 business days to withdraw all digital assets or funds from the account.
23.4 Remaining funds after ACEX Account termination due to fraud, violation of law, or Violation of these Terms.
ACEX maintains full custody of the digital assets, funds and user data/information which may be handed over to governmental authorities if the suspension/closure of an ACEX account arises from fraud investigations, investigations of violation of law or violation of these terms.
24. Compliance with Local Laws.
It is the Users’ responsibility to abide by local laws in relation to the legal usage of ACEX services in their local jurisdiction as well as other laws and regulations applicable to users.
25. Privacy Policy
Access to ACEX services will require the submission of certain personal identifiable information. Please review ACEX’s Privacy Policy at acex.marke for a summary of ACEX’s guidelines regarding the collection and use of personally identifiable information.
26. Severability
If any portion of these terms and conditions is held to be invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
28. Miscellaneous
(i). Independent Parties.
(ii). Entire Agreement. These terms and conditions constitute the entire agreement between the parties regarding use of ACEX services and will supersede all prior written or oral agreements between the parties.
(iii). Interpretation and Revision. ACEX reserves the right to alter, revise, modify, and/or change these Terms. All changes will take effect upon being published on ACEX websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of ACEX Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, ACEX will not be responsible for any modification or termination of ACEX services by you or any third party, or suspension or termination of your access to ACEX services.
(iv). Force Majeure.
ACEX will not be liable for any delay or failure to perform as required by these terms because of any cause or condition beyond the reasonable control of ACEX.
The company will not be liable to the client for failure to perform any obligation or discharge any duty owed to the client under this Agreement if the failure results from any cause beyond the company’s control, including but not limited to
i) Acts of God, war, fire, flood, explosions, strikes or other industrial disputes, industrial action.
ii) Any breakdown, or interruption of power supply, or failure of transmission or communication or computer facilities.
iii) Hacker attacks or other illegal actions against the company's electronic trading platform or the equipment of the company.
iii) The suspension, liquidation or closure of any trading market.
(v) Assignment.
The client shall not assign or transfer his/her any right to use ACEX service
29. Contact Information & communication between the client and ACEX.
For more information on ACEX, you may refer to the company and contact information found on ACEX website acex.market.
The client may communicate with the company by registered post, fax or email. All communications between the company and the client will be to the address, fax number or email and to the individual/department/account name specified in the company’s contact details.