These User Terms and Conditions of Use for the entire agreement between you and use of the EVAI Site(s)/Platform.
As used in these Terms and Conditions, the term “User” includes you, and any other individual utilizing our Services, Site(s)/Platform. For convenience, in this user policy we will refer to you, and ‘Users’, interchangeably.
You are only permitted to access the services, Site(s)/Platform if you are an approved user. This means you must meet all the following criteria:
- If you are an individual, you must be aged 18 years or older to use our services, Site(s)/Platform.
- You must provide all the information required to set up a user account under clause 2.1.
- EVAI must be satisfied with the outcome of the identity, fraud, background checks, and other money-laundering and terrorist financing checks it (or any third party) conducts in relation to you at any time.
Your General Agreements and Promises
By accessing the services, Site(s)/Platform you:
- Authorize EVAI to make any inquiries it considers necessary, from time to time, to verify your identity, undertake fraud checks, and to meet its anti-money laundering and other legal obligations.
- Promise to pay all fees associated with the transactions and the services which are set out in the Fee Schedule which is available at all times on our Site(s)/Platform, and any additional miner fees or other associated Digital Currency network fees and charges.
- Promise to ensure that any personal information you provide to EVAI is accurate, current, and complete, and relates solely to you, and to update us if it changes.
- Promise to provide us with any additional information which we request to comply with our legal responsibilities as soon as is reasonably practicable.
- Confirm that you have sufficient knowledge of digital currencies to enter transactions and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of the services we provide.
- Confirm that you accept the risks of using the services and accessing the Site(s)/Platform.
- Acknowledge that EVAI has not advised you to, nor recommended to you that you should, use the services or deal in digital currencies.
Your User Account
To use the services, Site(s)/Platform you must first create your registered user account and have it activated.
We also strongly recommend that you enable the “2-factor authentication” option in the ‘Security Settings’.
To have your user account activated, we must receive the following verified information:
- For an individual, your full name, gender, date of birth and occupation, and driver’s license or passport number.
- For an entity, your legal registration number and GST registration number (if applicable)
- Your mobile phone number, which will be verified by use of OTP verification.
- Your current residential or business address and (if applicable) your previous addresses.
- Any additional information, such as photo identification, needed to comply with laws (such as enhanced due-diligence requirements under the anti-money laundering laws, or source of funds information).
Purpose of Your User Account
Once established, you can access the services through your user account. Specifically, your user account:
- Is linked to your legal tender account and your digital currency wallet(s),
- Contains a record of your transaction history.
- We recommend that you only log into your user account directly through the EVAI site and this will minimize the risk of you inadvertently exposing your user account or EVAI Wallets to unauthorized access or attacks.
Your Promises in Relation To Your User Account:
- To create a strong password for your user account. This means you must select a password which is different from any other password you use for any other website or online service, and which cannot be easily guessed. You must change your password at regular intervals, and immediately if you suspect your password has been compromised using our support center by raising a ticket request.
- To keep your user account login and password and any forms of multi-factor authentication confidential and separate from each other, as well as separate from any other information or documents relating to your user account or EVAI wallets (and your private key(s).
- Not to let any person access your user account or your EVAI wallets at any time without our prior written permission.
- Not to leave your computer, phone, or other device unattended while you remain logged into your user account or your EVAI wallets.
- Not to open more than one user account without our prior written permission.
- To notify us immediately if you identify or suspect any unauthorized access of your user account or your EVAI wallets.
Your Confirmations in Relation To Your User Account
You confirm that:
- EVAI may make inquiries directly or through third parties which we consider necessary to verify your identity and/or to protect against fraud, terrorism financing or money-laundering.
- You understand that you are responsible for maintaining the security of your user account login and password, any forms of multi-factor authentication and your private key(s).
- You understand that anyone accessing your user Account will be able to enter into transactions using your EVAI wallets, and EVAI has no obligation to verify or take any steps to verify any instruction received from you or appearing to be sent by you.
- You understand that, by using the services, you are fully responsible for and accept all risks of unauthorized access to your user account or to your EVAI wallets which is caused by your negligence or breach of these Terms and Conditions.
Your Digital Currency Wallet
Purpose of Your Digital Currency Wallet: Your digital currency wallet allows you to send supported digital currencies to, and to receive and store supported digital currencies from, third parties on your instructions, using the services.
Supported Digital Currencies: EVAI currently supports the list of digital currencies reflected on our site, accessible as illustrated on the website. However, the nature of the digital currencies that EVAI supports is subject to change, and could change without notice to you if this is required as a result of law, any order of a court of governmental agency, any change to the operating rules in the underlying Digital Currency ’s network, or any technological issue outside of our reasonable control.
EVAI supports only the “advanced protocols” reflected on our site, accessible here.
It does not support any other protocols such as metacoins, coloured coins, side chains, or other derivative, enhanced or forked protocols, tokens or coins which supplement or interact with a digital currency supported by EVAI.
When making a digital currency transaction with us, you may need to pay the applicable ‘miner fee’ (i.e. network fee) or ‘gas’ fee to confirm the transaction on the network. To do this, you need to make sure your transaction includes a sufficient transaction fee to be confirmed. Insufficient fees will delay the processing of a transaction.
EVAI may also charge fees to process a digital currency transactions on your behalf.
If we do so, EVAI will calculate the fee in our discretion and notify you of the amount of the fee at or before the time you authorize the Transaction.
For some digital currency there may be an additional ‘Gas’ charge as determined by the network that the digital currency works upon.
Operation of Your Digital Currency Wallet
We will send you confirmation of all transactions relating to your digital currency Wallet.
EVAI securely stores all digital currency private keys in our control in a combination of online and offline storage. As a result, it may be necessary for EVAI to retrieve certain information from offline storage to facilitate a digital currency transaction in accordance with your instructions.
may delay the initiation or crediting of the relevant digital currency transaction for up to 48 hours, or longer in some circumstances.
Your Confirmations in Relation to Your Digital Currency Wallet
You confirm that you understand and accept the following:
- EVAI will process your transactions in accordance with your instructions, and you should carefully verify all instructions before placing any orders. If there is an error in those instructions, then that is your risk and EVAI does not accept any responsibility or liability.
- Your Digital Currency wallet is available only in connection with the Digital Currencies that EVAI supports at any time, in its discretion. These supported Digital Currencies are subject to change.
- EVAI assumes no responsibility or liability for any attempt to use your Digital Currency Wallet for Digital Currencies that EVAI does not support at that time.
- EVAI does not control or own any of the underlying networks or software protocols that govern the operation of the Digital Currencies supported by EVAI.
- A Digital Currency withdrawal may be delayed because of EVAI retrieving information from offline storage.
- EVAI has the right to refuse to process or to cancel any pending order or transaction at any time if it is required to do so at law or in response to a court or government order, or to enforce transaction limits, or if any suspension event occurs.
- The amount or value of the Digital Currencies in your Digital Currency Wallet is not guaranteed or underwritten by EVAI nor by any other person, and you could lose the Digital Currencies, or the value of the Digital Currencies, stored in your Digital Currency Wallet in a short period of time. In that case, you will have no recourse to EVAI or to any other person for your loss (including loss of profit), or any liability or inconvenience that results.
EVAI maintains a private exchange ledger (the EVAI Ledger) to track each approved user’s legal tender Account balance and the Digital Currencies reflected in his or her Digital Currency wallet.
Entries in the EVAI Ledger are not recorded on a blockchain or otherwise published. Only transfers of Digital Currencies into, or transfers of Digital Currencies out of, your Digital Currency wallet will be confirmed and visible on a blockchain.
EVAI offers approved users the ability to enter into the following transactions in accordance with these Terms and Conditions:
- Buy Transactions.
- Sell Transactions.
Please note: A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated as such and will not be available to conduct other transactions (including withdrawals).
Access to Transaction Services
We can impose any conditions or restrictions on your access to the transaction services at any time without prior notice. These may include limits on the number or value of transactions.
We may impose transaction limits from time to time. We reserve the right to review any withdrawals and to request further information before releasing funds for regulatory and fraud prevention purposes.
Cancellation of Transactions
You cannot revoke or cancel an order once you have placed it. However, you can submit a request to cancel the transaction to which that order relates by clicking on the ‘Cancel Sells’ or ‘Cancel Buys’ or ‘Cancel All’ button (as appropriate) on the EVAI Exchange dashboard (a Cancellation Request).
The Cancellation Request will only be effective if you submit it before the order is filled.
However, EVAI can unilaterally cancel any transaction if:
- It considers this necessary or prudent due to a suspicion that the transaction involves money laundering, terrorist financing or another illegal activity.
- It relates to a Prohibited Use.
- It is required to do so by a court order or government agency.
It is prohibited to use the EVAI Site/Platform or to access any EVAI Service for any of the following purposes or uses (each a Prohibited Use):
- To conduct or engage in any illegal activity.
- To hide or disguise the proceeds of any illegal activity.
- To infringe our proprietary intellectual property, or the proprietary intellectual property of any other person.
- To engage in gambling.
- In relation to any Digital Currency that EVAI does not support at the relevant time.
- To engage in any deceptive, fraudulent, or malicious activity, including by launching malware or viruses, or seeking to hack into any Wallets or steal any Digital Currencies or funds held by any other approved users.
- To reverse-engineer, decompile, disable, or disassemble any software running on the Site.
- To promote any securities.
- To harm EVAI, any person associated with EVAI, or any third party.
- If you are not an approved user.
- To offer, or to purport to offer, any Service to any person who is not an approved user; or,
- To engage in any other use or activity which breaches these Terms and Conditions.
Consequences of Engaging in any Prohibited Use
EVAI may block or refuse any person (including any approve user) from accessing the Site and/or any Services or any Transaction if it believes in good faith that such person, Service or Transaction is connected with any Prohibited Use. EVAI does not need to provide any prior notice or explanation if it invokes this right.
Our Rights and Remedies
In addition to exercising our rights under clause 10 (Suspension) and/or clause 11 (No Prohibited Use), in the event we believe you have breached or are breaching any of these Terms and Conditions or any applicable law, we may do any of the following:
- Limit your access to or activities on the Site(s)/Platform.
- Warn any users or approved users of your actions.
- Issue a warning to you.
- Suspend or cancel your access to the Site(s)/Platform.
- Advise any regulators and co-operate fully with any law enforcement authorities which may include disclosing information we hold about you about you.
This clause does not limit any of our other rights and remedies at law.
Liability and Indemnity
To the extent permitted by law, EVAI and its related companies exclude all liability and responsibility for any loss, damages, costs or expense, whether in tort (including negligence), contract or otherwise and whether direct, indirect, or consequential (including in connection with business interruption), which you or any other person may suffer or incur in connection with the Services the use or inability to use the Site(s)/Platform, and in respect of any Digital Currency or otherwise.
Where and to the extent liability for breach or any implied warranty or condition, or otherwise, cannot be excluded, EVAI's liability to you is limited (at your option) to:
- The total amount of the fees we have earned from you as a result of supplying the Site(s)/Platform to you; or
- The supply of the services to you again.
EVAI is not liable in any way whatsoever to you or anyone else for any financial decision or action taken by you or anyone else using the Site(s)/Platform.
Important: In providing the Services on the Site(s)/Platform, EVAI is required to provide certain guarantees that cannot be excluded under consumer law, if you are using the services for personal use, including guarantees as to the acceptable quality and fitness of purpose of the services.
Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the law and which by law cannot be excluded, restricted or modified, even if any other provision of these Terms and Conditions would otherwise suggest that this might be the case.
To the extent permitted by law we do not warrant the reliability, availability, accuracy, completeness, or timeliness of information on the Site(s)/Platform. All information is provided “as is” without warranty of any kind, express or implied. This includes (but is not limited to) implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
EVAI’S LIABILITY IS LIMITED
WITHOUT LIMITING THE OTHER TERMS IN THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT EVAI BEARS NO LIABILITY FOR ANY DAMAGE, LOSS (INCLUDING LOSS OF PROFIT), DELAY OR INCONVENIENCE, OR FAILURE IN PERFORMANCE OR INTERRUPTION OF SERVICE OR TRANSACTION, IN EACH CASE CAUSED BY OR RESULTING FROM (DIRECTLY OR INDIRECTLY):
- ANY COMPUTER VIRUS, SPYWARE, SCAREWARE, TROJAN HORSE, WORMS OR OTHER MALWARE OR CYBER, PHISHING OR SPOOFING ATTACK THAT MAY AFFECT YOUR COMPUTER OR OTHER DEVICE, OR THE DATA HELD BY EVAI INCLUDING IN RESPECT OF YOUR EVAI WALLET).
- ANY CAUSE OR CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, ANY DELAY OR FAILURE DUE TO ANY ACT OF GOD, ACT OF CIVIL OR MILITARY AUTHORITY, ACT OF TERRORISM, CIVIL DISTURBANCES, WAR, STRIKE OR OTHER LABOUR DISPUTE, FIRE, INTERRUPTION IN TELECOMMUNICATIONS OR INTERNET SERVICES OR NETWORK PROVIDER SERVICES, FAILURE OF EQUIPMENT OR SOFTWARE, CYBER-ATTACK, OR OTHER OCCURRENCE OR CATASTROPHE.
- ANY “HARD FORK”, “SOFT FORK”, OR OTHER CHANGE IN THE OPERATING RULES OF AN UNDERLYING DIGITAL CURRENCY NETWORK.
- OUR GOOD FAITH ELECTION NOT TO SUPPORT AN UNSUPPORTED BRANCH OF A FORKED PROTOCOL, OR TO CONFIGURE OR RECONFIGURE OUR SYSTEMS AS A RESULT OF THE FORKED PROTOCOL OR OTHER CHANGE TO THE OPERATING RULES.
- ANY SUSPENSION OF SERVICES FOLLOWING A SUSPENSION EVENT OR AS OTHERWISE PERMITTED UNDER THESE TERMS AND CONDITIONS.
- EACH USER AND APPROVED USER INDEMNIFIES EVAI AND HOLDS EVAI HARMLESS FOR ANY LOSS, COST, LIABILITY OR EXPENSE SUSTAINED OR INCURRED BY IT AS A RESULT OF THE RELEVANT USER OR APPROVED USER BREACHING THESE TERMS AND CONDITIONS, INCLUDING BY:
- ENGAGING IN ANY PROHIBITED USE.
- ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH THE SITE.
Complaints and Disputes
EVAI is committed to providing its Users with an extremely high level of customer service, and your satisfaction is especially important to us. If you would like to make a complaint, we encourage you to contact us in the first instance by email to [email protected]
We will acknowledge your complaint within 5 business days and make sure your complaint is investigated properly.
Amendments to These Terms and Conditions
We may amend these Terms and Conditions at any time in the following circumstances:
- to meet our legal obligations.
- to accommodate the reasonable requirements of our service providers or business partners.
- to reflect changes to our Services, the Digital Currencies, the networks underlying the Digital Currencies, or the risks presented by them; and
- in the case of the Fee Schedule, our costs of business.
- If we amend these Terms and Conditions, we will publish the updated Terms and Conditions on our Site. Any subsequent access to or use by you of the Site will constitute an acceptance of the amended Terms and Conditions.
Where it is possible to do so, we will notify you of any changes to these Terms and Conditions by sending an email to the email address linked to your User Account.
These user Terms and conditions are always available on the EVAI platform at this page https://www.EVAIFUND.io/terms.html and all new users who register on the EVAI platform are required by company mandate to read and select ‘I accept’ in the process of making a user account with us.