Terms of Service
Last updated: 30 July 2018

1. Introduction

"ADAX" Exchange is an online portal, service and website(s) powered and operated by Arabtizor Holdings Inc. an international business company registered in the United Arab Emirates under registration number ICC20170744 (referred to as “Arabtizor”, “company”, “we”, “our” and “us”), while specialized in FinTech industry and Blockchain services of Cryptocurrency online exchange, trading technology solutions and software, website(s), application(s), platform(s) and any other associated service (Collectively the “Service(s)”) and offered “as-is” without any warranties. You are the party who is accessing our Service(s) and/or use it (referred to as “you”, “your”, “customer”, “customers”, “user” and “users”) who is accepting and agreeing on these Terms of Service (referred to as “Terms of Service”, “Terms of Use”, “Terms”, “Terms and Conditions” and “agreement”) while your access and/or use for any of our Service(s) at any time considered explicitly your consent to be bound by all our Terms of Service and all its updates (including the behaviors of, clicking on an “I agree” button or it’s check box at any service level) , noting that our Risk Disclaimer, Privacy Policy and Compliance Policy is an essential part of these Terms of Service and shall be read together as one agreement without separation. Otherwise, Ifyou don’t accept and agree on these Terms of Service, then you should stop accessing and/or using any portion of our Service(s) immediately. This introduction is a part of this agreement and shall not be excluded.

2. Updates and Changes to the Terms of Service

We have the right to update or modify these Terms of Service at any time by posting such updates on this page by an update in the “Last updated” date header herein, while where appropriate -and without obligation- we may notify the customer by email. You agree that it’s your responsibility to keep checking this page updates frequently to be aware of any updates or changes to our Terms of Service.You must stop access and/or use of our Service(s) if you don’t agree on such modifications at any time. As an assurance on our right, at any time, to change or modify any portion of our terms applicable to your use for any of our Service(s) and products, or to impose new terms and conditions, including, but not limited to, additions, deletions or modifications shall be effective immediately upon the update notice thereof, this notice may be given by means including, but not limited to, updating the “Last Updated” field at the top of this document with the date of the current revision. Any use of our Service(s) and products by you after such notice shall be deemed to constitute acceptance by you of such changes, deletions, modifications or additions. Any amended terms will apply prospectively to use of the Service(s) after such changes become effective, hence; it is important therefore that you review our updates on a regular basis to ensure that you are familiar with the terms in force from time to time and any changes made to them. If you do not agree to any updates, you must discontinue using our Service(s) or products and contact us to terminate your account/registration or any kind of business relationship might be established between you and us. We may regularly furnish regulators or law enforcement agencies the details of any transactions taking place into our Service(s); website(s), platform(s), application(s), records or any technology solution we may make available for customers and that as deemed necessary by us.

3. Risk Disclosure and Limitation of Liability

ADAX Exchange as an online portal is implementing the best efforts to our knowledge to apply best market practices and compliance requirements along with KYC (Know Your Customer) and AML (Anti Money Laundry) to protect our business environment from any suspicious exposures might be expected, so the final delivery of our service(s) will be subject to your full commitment and completing to the applicable KYC & AML requirements and procedures where applied by Arabtizor Holdings Inc and its affiliates, subsidiaries, partners and any Service(s) channel pertaining to us and we have the full right to accept, reject, suspend, report your account if conflicting –at any time- with our applied terms and conditions, privacy policy, compliance policy or any other applicable law, regulations, policies or procedures, that is; we are applying universal compliance policies and procedures over our Service(s) and products to offer valuable delivery for our Service(s) to be serving into healthy digital ecosystem based on the blockchain technology as an open public ledger to develop and support digital assets in the virtual network while achieving future outcomes in full transparency complies to best practices and standards, meanwhile ; NO promise or guarantee for any potential profit achievements in volatile and risky markets environments or otherwise which might be subject to multiple potential risks such as – without limitation- market regulations change or updates, volatility, market supply and demand, internet technical risks or any other factors might expose it out of our control, meanwhile; historical data of digital assets success doesn’t necessary reflect the future movements or results for any other digital assets. It’s your own risk to decide to use any market instrument or trading tools out of our Service(s) which we offer, by your decision to be added to your current interests or investment instruments, although Cryptocurrency trading market has large potential rewards well-known for the public recently, but also accompanied with large potential risk might exceed your equity if not evaluated properly by you and this risk level doesn’t fit all people. We might keep your digital asset’s private keys stored in cold storage/hosted storage partially or completely upon our sole discretion for security reasons or business requirements, additionally, we might cover and store your digital assets with third party software integration if we found that we need for that to operate our business in best practice, such as; for higher security environment at any time to transact, to save and store such sensitive data in best practices. You must be aware of the risks and you accept all risks associated to our Service(s) in order to invest in any instrument available by blockchain industry and digital asset as an investment vehicle from around the world. Don’t trade with money you can’t afford to lose in high movement and volatility or any surrounding risk for this emerging market. We consider this risk disclaimer to clarify that we don’t encourage you to deal with such risky markets and is neither a solicitation nor an offer to use our Service(s) such as -without limitation- trading room or any technology solution we make it available to buy or sell Cryptocurrencies, because there is no guarantee of profit for any digital asset or Crypto currency or any other service we support to be 100% secure or safe, meanwhile, we just offer our due diligence efforts and experience in FinTech industry employed in blockchain technology and digital assets solutions to build instruments, technology software, platform, tools, products and Service(s) represented to customers if they believe in its future by their own risk without any guarantee type to be as planned or expected, because this is out of anyone control to confirm something in the future or results; although we do our best efforts from but the results and the rest is not always controlled by us and its inherent nature and potential risks surrounding any type of business relatively, hence; you agree that your use for our Service(s); website(s), trading room(s), platform(s), application(s), instrument(s), tool(s), technology solution(s), trading facilities or any kind of our recent or future associated Service(s) and product(s) is at your own risk and you waive – in advance- any kind of liability or responsibility toward Arabtizor Holdings Inc. or any one of its affiliates, subsidiaries, partners or staff by any mean directly or indirectly. We are not responsible for any misuse or misleading by others which may lead you to use other Website(s) or Service(s) channels not real and not pertaining to us, our accredited ADAX Exchange websites we operate are: www.adax.ae and/or www.adax.me only. While we are applying strict regulations, then you agree to not violate any part of our Terms of Service at any time or by any mean such as-without limitation- hiding any real information, doesn’t commit to our compliance policy requirements or any action might classified by us –at our discretion- as a violation to our Terms of Service, meanwhile we may use third party software, records or materials to proceed our operations, herein you understand and agree that we have the full right to reject, suspend, freeze, report or terminate your account and its cancel transactions completely upon our steering committee decision and/or regulators regulations at any time and with immediate effect – if required by regulators, meanwhile; in such mentioned case(s) -without limitation- you agree to accept this action against you without any liability toward us or any of our subsidiaries, affiliates, partners, management, staff members and without objection by you or any party can act on behalf of you. You acknowledge and agree that we shall not be liable for any of your losses or damages caused by your access and/or use for any of our Service(s) directly or indirectly, including but not limited to:

  • Losses of profits, goodwill, usage or data or any other intangible losses;
  • Use or failure to access our Service(s);
  • Unauthorized use (or access) of your account or unauthorized alteration of your data by third parties;
  • Your misunderstanding of our Service(s) or your non-evaluation of the risk accompanied to these markets;
  • Any other losses related to our Service(s) which are not directly attributable to us.

We will not be liable for any failure, discontinue, disconnection or delay of service resulting from regular network maintenance or external factors such as – without limitation- power failure, natural disaster, service provider-side problems or governmental acts and regulations.

4. Registration and Verification

ADAX Exchange website(s), platform(s), software(s) or application(s) (referred to as “ADAX” or “ADAX Exchange” wherever it’s being stated in this agreement) as a market technology solution and online portal and service powered by Arabtizor Holdings Inc. which offers the feature to register/open an account (referred to as “Account”, “ADAX Account” or “ADAX Exchange Account”) for the user of our Service(s) to enable the user to buy and/or sell digital assets through market supply and demand principle over a dedicated Order Book and Trade book methodology will match buyer orders with seller orders to execute the trades in automated manner, in addition the execution for associated transactions such as transferring, depositing and withdrawals and any other feature might be available at any time. This account service which enables trading features might be integrated to a third party – at our sole discretion- engaged with us in business relationship as back end operational service provider -at any time and by any mean- to facilitate our best service delivery.

4.1. ADAX Account:

  • Our Service(s) are intended solely for the users who are in age of eighteen (18) or over to be eligible to create an active account into ADAX Exchange, therefore; once you submitted your application to open an account and/or upgrade an existing account then you certify that you (a) are in the legal age as predetermined herein; (b) are in legal age to form a binding contract by your country applicable laws; (c) have not previously been suspended or removed from using our Service(s); (d) are not listed into any sanctions list or blacklist locally or internationally; (e) are not opening the account implicitly on behave of a person or an entity might be listed on any sanctions list or blacklist locally or internationally; and (f) have full power and authority to agree to these Terms; and (g) you accept the significant risk accompanied with this type of business, markets, trading, investment and you agree to not claim any kind of compensations from us in return of your decision to engage is such relationship and high risk business which might cause high losses, damages, loss of profits or otherwise.
  • Stage one of the default registration into ADAX Exchange is considered “General Account” type which is not verified level (unless we request) and you have to provide all required information and documentations to complete your registration and upgrade process to verify your account to be able to utilize additional trading, withdrawal and transferring limits and options, this will help us to apply our Compliance Policy and facilitate other supplementary services accompanied with your account, meanwhile periodically for the purposes of updating our records and on-going due diligence practices, then users are required to update their accounts information and documentations upon request – or if expired or changed- as a part of our commitment to keep up-to-date records and proper users database, otherwise; we have the right to suspend the account and/or any outstanding transaction until the required update process being completed and approved by your end, noting that required update doesn’t guarantee your eligibility of same account type or verified level at all times if was not meet our requirements and/or any regulations updates, meanwhile you must promptly update us of any changes to your information and/or documents provided to us within three days of effecting for such changes.
  • Our Compliance Policy principles indicating explicitly that; completed application to register/upgrade your account with ADAX Exchange doesn’t necessary mean or guarantee the approval by us to register/upgrade your ADAX account; and although if the user provided all required information and documents requested for the purpose of identity verification and registration or upgrade, its known and you agreed that final approval to register/ upgrade any ADAX Exchange’s account is our own decision upon our sole discretion which depending on several international and internal standard and practices we implement in favor of our full commitment toward applicable instructions, regulations, rules, practices..etc, meanwhile; we are not obliged to provide any justification to the user if his account registration / upgrade was rejected, suspended for further notice or terminated according to any applicable updates in regulations or laws or according to our terms of services.
  • By submitting your request for any of our Service(s) or products, you authorize us to do all necessary checking process to verify your real identity over any internal process and/or any government or sanction lists wherever and whenever we find it necessary under any process category or service level. We may require you to furnish additional details and documents as may be deemed necessary to verify your identity or request validity if we either (i) cannot verify your identity, or (ii) have a reason to believe that you are a person or entity whose details are provided in any official, governmental or intergovernmental sanction list, or (iii) have a reason to believe that you are performing suspicious activity or illegal transaction(s).
  • We implement identity verification and ongoing screening procedures to monitor, analyze audit and flag customer transactions for review, for instance; the transactions involved maybe exceed internal parameter limits, limits specified by local or applicable laws, official guidelines, or industry best practices such as -without limitation- account categories remarks. In addition to the above, we are regularly monitor, through both manual screening and use of software-based programs and systems, We audit transactions executed and/or attempted to be executed over our Service(s) such as – without limitation- website(s), platform(s), applications(s) or any technology solution we offer to customer,in order to promptly identify and highlight any suspicious activity, which includes without limitation, activities that:
    • appear, to a person acting in good faith, akin to collection of funds to be used, either in full or in part, by any terrorist or related organization, or in order to carry out any of the activities relating to terrorism, or terrorist acts;
    • appear, to a person acting in good faith, to have been structured in a manner of unusual or unjustified complexity in order to avoid triggering any reporting requirements;
    • appear, to a person acting in good faith, to have been transacted for suspicious or mala-fide purpose or where a sound economic rationale cannot be;
    • appear, to a person acting in good faith, to signal possible ‘money-laundering’ activities, as defined under applicable laws;
    • appear to be unusual due to the reason of being inconsistent with any User’s risk profile, expected usage pattern or sophistication. The extent of monitoring shall depend on various factors including upon each User’s risk parameters;
    • Any other incident may be raised by our risk management requires such action.
  • On detection of any suspicious activity, we reserve the right to take appropriate actions without any prior notification to the User, which includes, without limitation, (i) cancel his account access and/or any outstanding transaction and suspend transferring process, (ii) terminating ADAX Exchange Account, (iii) restricting and/or blocking further access to our Website(s) and/or any of our Service(s), and (iiii) notifying the appropriate enforcement authorities regarding the suspicious activities of any User.
  • We reserve the right to refuse registration or transaction to, or to bar transactions from or to, or terminate any relationship with, any customer for any reason (or for no reason) at any time without justification behind this termination and according to our sole discretion. Without limiting the generality of the foregoing, this includes, but is not limited to, any party from or in jurisdictions that do not meet our international standards to keep highest level of professional and healthy environment can comply with applicable Terms of Service and its updates; any party that is a Politically Exposed Person (PEP); anyone on an official, governmental or intergovernmental Sanction Lists; upon reasonable request or direction of a competent enforcement authority; or, anyone that fails to meet any customer due diligence standards, requests, or requirements of Arabtizor holdings Inc and/or ADAX as our online portal and a part of our Service(s).
  • If we believe any information obtained from the User is (a) inadequate or incomplete; (b) false or misleading; (c) insufficient resulting in an inability to readily verify the same; or (d) appearing on any Sanctions Lists, we may in our sole discretion either refuse or terminate (as the case may be) the registration and/or transaction by require such user to verify the valid documents submitted by it again and/or provide additional information/documents to enable us validate the registration/transaction. We may also, in our sole discretion, terminate existing user Accounts after giving due notice (or without if required), or reject to process any transactions if we are unable to verify any information due to non-cooperation by the user and breaching the notice timelines, or if such transactions are likely to have a material adverse effect on our business -directly or indirectly- for being in violation of any applicable laws or industry best-practice guidelines.
  • We may also require you to certify that your Linked Bank Account/credit or debit card is held only with a scheduled commercial bank/issuer which is compliant with all know your customer (KYC) procedures mandated under the applicable laws. For this purpose, we may require you to furnish this certification in such format as may be prescribed by us, meanwhile, our Compliance Policy restricts any “shell banks” exposures, accounts, transactions and if any detected at any time and for any reason pertaining to such category, then we have the right to reject, suspend or terminate your relationship with us and we have the right to reporting such breach to the required enforcement authorities.
  • We don’t accept trading delegations on behalf of original account holders for individual accounts and it’s available for corporate accounts only under the Business Account verification level. Furthermore, no third-party payments shall be accepted in customer account of USD suffix or other traditional currencies’ suffixes which might be used at any time such as EUR, GBP...etc.
  • In case of a legal entity, you must identify the shareholder(s) and beneficial owner(s) and also assist in verification of the identity of such shareholder(s) and beneficial owner(s) and any individual who purports to act on behalf of such legal entities. In this regard, a “shareholder(s) and beneficial owner” means: (A) In case of companies, the natural person who has ownership of over 25% (twenty five percent) of the shares, is entitled to over 25% (twenty five percent) of the profits, or has the power, directly or indirectly, to appoint or elect more than half of the board of directors of such company, as the case may be; and, (B) In case of partnership firms/Limited Liability Partnerships, the natural person(s) who has ownership of over 15% (fifteen percent) of the capital or is entitled to over 15% (fifteen percent) of the profits of such firm, as the case may be.
  • For this purpose of our Terms of Service, “Sanction Lists” or “Blacklists” are lists available to check individual and entities identities to prevent any unauthorized suspicious exposures and potential illegal activity or maybe such historical records.
  • Our Compliance Policy is a part of our Terms of Service agreement and shall not be separated by any mean from the Terms of Service.
  • Whereas our Service(s) might be invalid or prohibited for user’s access by some countries applicable laws, then we are strictly prohibiting our Service(s) for such persons or entities by rejecting the signing up applications for an account and if detected at any point of time, then we have the right to suspend and close such accounts. By using our Service(s), you represent and warrant that you have the right to do so with full eligibility along with your country applicable laws, authorities and full legal capacity to enter into this agreement and to abide by these Terms of Service. You may not use our Service(s) if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by international enforcement authorities or where your use of the Service(s) would be illegal or otherwise violate any applicable laws. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Service(s) while located in any such jurisdiction. You also may not use the Service(s) if you are located in, or a citizen or resident of, any other jurisdiction where we have determined, at our discretion and without obligation to disclose reasons, to prohibit use of the Service(s). We may implement controls to restrict access to the Service(s) from any jurisdiction prohibited pursuant to this Section - without obligation to do so- but it’s your sole responsibility to comply with applicable laws at your jurisdiction accordingly.
  • For some regulators requirements, then we might request you to comply for special requests to enable opening your account, such as – but without limitation- FATCA applicable guidelines, EEA Privacy Policy requirements and all its updated circulates and valid Acts at any time during the registration or during any time over the life cycle of your account..
  • We have the right, at any time, to change or modify our terms applicable to your use for any of our Service(s) and products, or to impose new terms and conditions, including, but not limited to, additions, deletions or modifications shall be effective immediately upon notice herein and thereof, this notice may be given by means including, but not limited to, updating the “Last Updated” field at the top of this document with the date of the current revision. Any use of our Service(s) and products by you after such notice shall be deemed to constitute acceptance by you of such changes, deletions, modifications or additions. Any amended terms will apply prospectively to use of the services after such changes become effective, hence; it is important therefore that you review our updates on a regular basis to ensure that you are familiar with the terms in force from time to time and any changes made to them. If you do not agree to any updates, you must discontinue using our Service(s) or products and contact us to terminate your account/registration or any kind of business relationship might be established between you and Arabtizor holdings Inc or any of its Service(s) subsidiaries, affiliates and partners. We may regularly furnish regulators or law enforcement agencies the details of any transactions taking place into our Service(s); website(s), platform(s), application(s), records or any technology solution we may make available for customers and that as deemed necessary by us.
  • We prepared our Terms of Service to include the comprehensive Compliance Policy as a part of its power to ensure the highest possible voluntary compliance under national and international standards and procedures which recommended in the guidelines for best practices by universal authorities such as; Financial Action Task Force (FATF) efforts to implement best practices in industry that meet regulatory requirements and best business practices. These terms apply uniformly to any user desirous of availing our Service(s) or otherwise accessing/using our Service(s) or benefitting from the use of any technology solution becomes available over our Website(s). It is imperative that you read these Terms of Service before using any of our Service(s) or product available for you by our Website(s). By accessing and/or using our Website(s) and our Service(s), you are expressly consenting to be bound by these Terms of Service, our Privacy Policy and our Compliance Policy. You must stop using our Service(s) and products if you don’t accept the foregoing and if your use results in committing / attempting to commit for any criminal offences.
  • You accept to be responsible for the confidentiality of your account credentials such as; account user and password, 2FA access or any sensitive access, data or otherwise; all are your responsibility and liability and any occurred damages, losses, loss of profits directly or indirectly resulting from your failure to maintain it safely and with best practices. You agree that you are solely responsible for your account, wallet, credentials and for any activities that occur into your account. You agree to immediately notify us of any unauthorized use of your account credentials or accesses or any other breach of security under advice receive notification accordingly.
  • Its our sole discretion to accept, reject, suspend or terminate any account registration and or any transaction over our Service(s) with duly notice to do so (or without prior notice), that is, we are complying to international standards and practices may prohibit us from opening accounts for some persons, organizations, activities, entities, locations, nationalities or otherwise applied parameters might be applicable at any time.
  • You can not open more than one account in the same name into ADAX Exchange, while in some cases at our sole discretion we might approve such exceptional cases from example; due to technical requirements, due to separation of corporate account from individual account or otherwise.

We have the full right, in our sole discretion, to suspend, freeze or terminate your use for any of our Service(s) and reject any and/or all current and/or future use of all and/or any portion of our Service(s).

4.2 Types of Account:

We are applying multiple registration levels through our strict process and procedures to enable us to perform due diligence verification process toward our customer’s real identities and their eligibility of our Service(s) and products:

  • New Accounts: this level we don’t ask any additional information from you (except your email address) to ease your ADAX joining process for first level of registration seamlessly, that we need the information just to register your account into our records to enable us proceed further for advanced verification and screening process, given that we apply three levels of registration should be processed respectively and so-called ” Types of Account” as following levels:
    • General Account: which is the first level of account types for any registration to start receive our services;
      • General account requires only an email address to register into our database.
      • General account limitations are:
        • Trading assets: Cryptocurrency to Cryptocurrency trades only;
        • Withdrawals & outgoing transfers: USD 10,000 per month in equivalent (subject to account activation;
        • Deposit & incoming transfers: no limitation.
    • Standard Account: which is the second verification level of account types upgrade in the registration process to receive our services;
      • Standard account requires the requirements: (in addition to A terms)
        • Full Name;
        • Personal Data;
        • Proved Address;
        • Source of Funds;
        • Profession Details;
        • Mobile Phone Number;
        • Bank Account Details (The beneficiary must be same account holder);
        • Supporting Documents such as Passport Copy, National ID, Driving License, Utility Bill, Bank Statement and any additional required documents);
        • KYC questionnaire.
      • Standard account limitations are:
        • Trading assets: Cryptocurrency to Fiat trades and vice versa;
        • Withdrawal & outgoing transfers: USD 100,000 Equivalents per month;
        • Deposits & incoming transfers: no limitation.
    • Business Account: which is the highest verification level of account types upgrade in the registration process to receive our services as corporate account or High Net Wealth Individual (HNWI);
      • Business account requirements: (in addition to B terms)
        • Annual Income Proof;
        • Source of Funds Proof;
        • Advanced Personal Details;
        • Advanced Business Details;
        • Business Shareholders Proof.
        • Supporting Documents such as Certificate of Incorporation, Commercial License, Memorandum of Association, Article of Association, Delegation Letter, Business Utility Bill, Bank Statement and any additional required documents);
        • KYC questionnaire.
      • Business account limitations are:
        • Trading assets: Cryptocurrency to Fiat trades and vice versa;
        • Withdrawal & outgoing transfers: USD 500,000+ Equivalents per month;
        • Deposits & incoming transfers: no limitation.
  • Existing Accounts: we apply regular and periodical auditing and on-going screening role to monitor our customers’ database according to several risk management parameters by analyzing customer’s transactions and behaviors and sort out any suspicious or unusual transaction or mismatch along with expected behaviors, transactions, volumes, count, type or other on-going measures, that is, to make sure of the efficient monitoring procedures followed upon adopted escalation process which being processed and reported to next escalation level to act accordingly and based on applicable standards and practices and regulatory requirements and guidelines. If your risk assessment – at any point of time- didn’t pass our minimum level of security parameters, our applicable AML and KYC standards and requirements, then you understand and agree that we have the full right to reject/close/suspend your account and/or transaction completely and a refund process of your balances will be initiated consequently (if any available balances and subject to not receiving claims by enforcement authorities) that shall be over same original payment channels or otherwise upon our steering committee decision and after deducting the transferring fees and any other operational fees, while in such case(s) -without limitation- you agree to accept this action against you without any objection by you or any party can act on behalf of you, because it’s your sole responsibility to evaluate in advance your identity verification status and its changes if it is being under any restrictions or sanctions lists which might cause this action by default while you are dealing with counterparty implementing high level of international compliance standards especially in terms of AML and KYC requirements.

4.3 Security of Account:

We may offer optional enhanced security features associated to our Service(s) to protect your account (including, but without limitation or obligation, email notification, two-factor authentication), meanwhile its optional and your use of such security features is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with the enhanced security features. Although we intend to provide most security and accurate information possible and dedicated Service(s) but you agree it may not always be secure and accurate entirely,that is; for the fact that nothing secure 100% over online exposures and its always exposed for potential risks surrounding this environment, as a part of such risks, but without limitation, Cybernetwork attacks, Network delays, data transformation, technical inaccuracies or typographical errors, hence; you understand and accept all potential risks surrounding this business environment at your own risk; that’s along with our continuous efforts to provide most possible secure and accurate Service(s) as possible to and according to our best knowledge and market practices, meanwhile; information may be changed or updated from time to time without notice, including without limitation, information regarding our terms, policies, products and Service(s). Accordingly, your decisions are your sole responsibility and we shall have no liability for any decisions will be taken upon any available information, data, material or any other approach or channel to our Service(s). We will have no liability or responsibility for any permanent or temporary inability to access or use any Service(s), including your inability to placing orders, trade, withdraw, deposit, transfer or execute any transaction or perform any action, as a result of any circumstances may occur out of our control as incidental events. Your transaction request and/or email to support team or to request the Service(s) may be lost, intercepted or altered during transmission.Unauthorized third parties may access or use your account illegally and effect transactions without your knowledge or authorization, whether by obtaining your credentials, obtaining control over another device or account used by you in connection with any enhanced security measures enabled for your account, or by other spy or hacking methods. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against us, our affiliates, subsidiaries, partners and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein and may be associated to any of our Service(s). you waive application of sections at any statute or applicable law at any jurisdiction may conflict with our interests and risk disclosure herein. You agree and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the risk, security, integrity and operation of any Cryptocurrency asset that you decide to acquire or trade; and (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Cryptocurrency, trade or trading instrument or tool. Our support of transactions of transfer, storage or trading of any asset through our Service(s) does not indicate our approval or disapproval of its integrity, security or operation of its underlying technology. We do not provide trading advice to trade any Cryptocurrency or any digital asset and doesn’t recommend any business activity to be engage into it.

4.4 Termination of Account:

You agree that we have the full right –immediately- to reject, suspend, freeze or terminate your account and the funds in all such accounts or freeze and/or reject any outstanding transactions and suspend your access to our Service(s) if we suspect any such accounts to be in violation of our Terms of Service, Privacy Policy, Compliance Policy or any applicable laws & regulations or applied standards or international practices. We shall have the right to keep and use the transaction data or other information related to such accounts. The above account actions may be applied in the following cases: (but without limitation)

  • If your account(s) is subject to a governmental proceeding, criminal investigation, regulators claims or other pending litigation;
  • If we detected unusual or suspicious activity during our regular auditing or ongoing screening at any time; associated in the account directly or indirectly;
  • If we detected unauthorized access to the account by third party or unused behavior or transaction(s);
  • If we are required to do so by a court order or command by a regulatory/government authority;
  • If we felt that your account risk level is exceeding our acceptable limits and conflicts with our applicable terms or market practices and standards.

In case of any of the following events, we have also the right to immediately terminate this agreement by cancelling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account and all its accompanied Service(s) thereof: (but without limitation)

  • If we already terminated Service(s) to you;
  • If you allegedly register or register on behalf of another person’s name instead of yours, directly or indirectly;
  • If the provided information to open your account detected to be untruthful, inaccurate, outdated or incomplete;
  • If explicitly and notifiedusin written of your disagreement to accept any of the changes and updates of our Terms of Service;
  • If any other circumstances where we deem it should terminate the services with or without showing the reason for this termination.

Should the account be terminated, the account & transactional information required for meeting data retention standards will be securely stored for ten years. In addition, if any transaction is still outstanding during the account termination process, you agree that we have the right to settle, close, cancel it all to meet this requirement.

5. Operations and Transactions

We may offer several Service(s) features and electronic channels to operate digital assets transactions (such as, without limitation, buy, sell, brokerage, transfer or storage) according to the verification level available and its allowed Service(s) at our discretion from time to time, such as, without limitation, opening an account, digital wallet services, inward/outward transferring of digital assets, fiat transactions’ withdrawal and depositing channels (such as; payment gateways and wire transfers). Our Service(s) may be executed by internal operations or supported by external service provider as third party for any part of our Service(s) such as, without limitation, accounts, digital wallets, pricing, charting tools, order book, trade book, payment channels or otherwise.

5.1Account Opening:

it is a requirement to execute an order or trade or any transaction over ADAX Exchange, we apply three categories of account types according to their verification level; General, Standard and Business (described in section 4.2) while you need to fund your account with digital currency or fiat money (such as US Dollar) upon your account level options, that is; to be able to place your Orders and trade Cryptocurrencies over ADAX Exchange platform and execute transactions accordingly. ADAX Accounts might be classified in our database as a joint account (an ADAX Exchange database linked to third party wallet services) or might be considered independent account (an ADAX Exchange account including our wallet services without third party linked wallet). You agree that we have the right to register your account in any account classification (joint or independent) which we consider upon our business requirements.

5.2 Digital Assets Trading:

our Service(s) enabling our customer accounts to place orders for buying and/or selling digital assets (referred to as “Digital Assets”, “Digital Asset” “Cryptocurrencies”, “Cryotocurrency” and “Token(s)”) over our online trading room platform for multiple digital assets listed inside ADAX Exchange platform as an online portal in forms of trading digital assets pairs against each other or against fiat currencies (traditional currencies) – if applicable at our sole discretion. We have the right to add/suspend/remove any listed pairs inside ADAX Exchange at any time. We don’t guarantee, recommend any listed digital assets and its your own risk to decide trading any digital asset available through our Service(s). We may act – at our sole discretion- either as an intermediary or marketplace between buyers and sellers of digital assets; which means you might be buying or selling digital assets through us as intermediary party between buyer and seller, or you might buy and/or sell directly to ADAX Exchange.

5.3 Live Market Data and Tools:

our Service(s) connecting our customers with real time data by live rates streaming and charting tools, in addition to market depth, Order Book and Trade Book data records, to provide fully supported environment to watch market live and analyze relative market data, such market data might be supported by our internal records in conjunction with third party API solutions (or without third party API solutions). We do not warranty that market data accuracy which provided by any third party -which is not under our control- and might be affected with any potential network risks. It’s your decision to consider it correct and updated or accurate, while we do our best efforts to validate it but it’s accuracy is subject to many factors we might not have control while your trading decisions that depending on these data feeds are on your own risk. We might add, suspend, remove or change sources of market data feeds, structure and features any time at our own discretion.

5.4 Order Book and Trade Book:

An “Order” means to place a request to buy or sell digital asset at a specific price inside a ledger of orders available over ADAX Exchange and including many pending orders in bid and ask market sides with a pending effect waiting for execution once it’s being matched by other user’s order -partially or completely- inside which it called the “Order Book”.

A “Trade” means an executed order to buy or sell digital asset at a specific/non-specific price which is available inside the Order Book at a moment with an immediate execution effect -partially or completely- at market prevailing price into ADAX Exchange and according to the Order Book available rates, once its executed it will be shown in the filled transactions ledger over ADAX Exchange which it called “Trade Book”.

You agree that your Order placement is considered a confirmation and a consent by you to accept this Order or Trade execution and subsequent outcomes without any liability on us by any mean, while you understand that your Order shall be executed in the Order Book upon a price basis (regardless the amount) which means it may be executed partially or in full amount execution for your order upon the availability of counter orders volume in the Order Book; hence; any remaining amount for your placed Order which is not executed will remain as an open order’s waiting for execution in market unless you cancel it before matching other order into the Order Book. Your ADAX Account will be debited and credited for the selected pair assets as a settlement process accordingly, to reflect the open Order and its reserved balance provision. Your Order will be included in the Order Book in waiting status for matching other user’s order(s). Orders will remain open until fully executed or being cancelled by user (partially or in full amount) as GTC order (Good till Cancelled).

5.5 Market Order, Limit Order and Stop Order:

We may offer several types of orders to be available partially or totally for users from time to time upon our business development requirements at our sole discretion;

  • Market Order: to place a request to buy or sell digital asset at the best market price which is available inside the Order Book at this moment with an immediate execution effect -partially or completely- at market prevailing price into ADAX Exchange’s Order Book and upon volume availability.
  • Limit Order: to place a request to buy or sell digital asset at a specific price better than current market rate to be placed as pending order inside the ledger of orders available over ADAX Exchange’s Order Book which including many pending orders in bid and ask market sides in waiting for matching orders by other users with a pending status waiting for execution, once it’s being matched by other user’s order, partially or completely, then it will be sent to Trade Book.
  • Stop Order: to place a request to buy or sell digital asset at a specific price (for example ; shall be to stop losses) to be placed as a pending order inside the ledger of orders available over ADAX Exchange’s Order Book which including many pending orders in bid and ask market sides in waiting for matching orders by other users with a pending status waiting for execution, once it’s being matched by other user’s order, partially or completely, then it will be sent to Trade Book.

5.6 Inward and Outward Transfers:

you may fund your account held with ADAX Exchange with multiple digital assets and you may request outward transfers from your available balances of digital assets into your ADAX Account upon your account type limitations. You should make sure that all your inward transfers in digital assets shall be supported and listed digital assets into ADAX platform to be able to receive it, and you shall make sure that your outward transfers in digital assets are supported by the destination you are transferring to, that’s to be able to receive it properly. You understand and agree that any inward or outward transfers for any digital asset which is not supported by the receiving destination may be permanently lost. Your ADAX account doesn’t support receiving or sending any digital asset is not listed into ADAX Exchange. You must meet the minimum transferring balance thresholds displayed in Our Fees page. Your ADAX account may be including independent user’s wallet which granting a dedicated wallet address for each user, or maybe a joint users wallet which saving users’ digital assets in a single third-party wallet for higher security practices and reasons, you authorize us and agree that it’s our sole decision to decide the wallet type pertaining to our customers upon our business requirements to keep the digital assets exposures into highest secured solutions worldwide. Charges and fees apply for outward transfers in pre-transaction basis of supported digital assets and may be subject to change from one digital asset to another digital asset and from time to time. You agree that we have the right to deduct our fees according to the market updated rates of transferring digital assets. You authorize us to perform the outward transfer upon receiving your request electronically along with your sufficient funds without any liability on us toward the proper receiving by the counter destination party while it’s out of our control, meanwhile you understand and agree that we will not be able to reverse any executed outward transfer and will not have any responsibility or liability if you have instructed us to send your digital assets balances to an address that is incorrect, improperly formatted, erroneous or intended for a different type of digital assets or any other reason such as- without limitation- ; delays or inability to receive through the blockchain.We may suspend or terminate the ability to inward and/or outward transferring to or out of your ADAX account to comply with applicable laws or regulations, a law enforcement order or any governmental authority claims, or otherwise at our own discretion. You agree that all your inward and outward transfers of digital assets are at your own risk.

5.7 Fiat Deposits and Withdrawals:

we may offer multiple deposit and withdrawal channels in terms to fund your ADAX account with traditional currencies (referred to as “Fiat”, “Fiat Money”, “USD” -wherever motioned in this agreement) according to your account type and verification level. We may offer -but without obligation- credit/debit cards deposit and withdrawal gateways option for limited amounts as per the payment gateways instructions or third parties limitations. We may offer -but without obligation- wire transfers option as deposit and withdrawal channels through bank accounts remittances (excluding shell banks please refer to term 4.1 section 9) as per the applicable laws and regulations. We may add/suspend/remove any payment channel or method at any time without any prior notice to customers and at our sole discretion. We are not responsible for any amounts deducted from your cards or bank account for sending it to your ADAX account before our duly receiving and verifying the full amounts into our correspondent bank accounts and confirm the payment into your ADAX Account. Our correspondent’s bank accounts and addresses will be available to customers into our ADAX platform and their account settings. It’s your responsibility to make sure of your full commitment to your local laws and applicable regulations at your country if restricting such kind of transfers. Charges and fees of any withdrawal transaction will be applied in pre-transaction basis in USD (or other applicable traditional currencies) and may be subject to change from bank to bank, payment gateway and from time to time. You agree to deduct our fees according to the applicable fees by correspondent banks. You authorize us to perform the outgoing withdrawal request(s) upon receiving your request(s) electronically over your account without any liability on us toward the proper receiving by the destination party while it’s out of our control and you understand and agree that we will not be able to follow or reverse any executed outgoing withdrawal and will not have any responsibility or liability if you have instructed us to send the funds to an address that is incorrect, improperly formatted, erroneous or any other delays or inability to receive occurred through the sending process. We don’t accept third party payments for your traditional money deposit or withdrawal requests, while all withdrawals and deposits from/to your ADAX account should be matching the same name legally of your ADAX account holder name. We may suspend or terminate the ability to deposit and/or withdrawfunds in traditional money to or out of your ADAX account to comply with applicable laws or regulations, a law enforcement order or any governmental authority claims, or otherwise at our own discretion. You agree that all your withdrawals and deposits in fiat money will be at your own risk.

5.8 Settlements and Coverage:

you agree to be responsible for covering any deductions and/or additional fees may be handled by us due to your transactions or payment requests, such as, but without limitation, any fees charged by any third-party service provider associated with your outward transfer and withdrawal request, any additional fees charged by any third-party due to the rejection, reversal, holding of your transaction. The timing for completing any outward transfer or withdrawal request may vary according to several parameters, such as; rush hours, market requests volumes, third party service queue or maybe third-party actions that are outside our control, while no guarantee regarding the amount of time it may take to complete any outward transfer or withdrawal request.

5.9 Cancellation and amendments:

if you have an insufficient balance of respective digital asset in your account to fulfill an order or other pre-paid fees transactions we may cancel the entire order/transaction or may fulfill a partial order that can be covered by your available balance – but not an obligation- on a pre-paid fees basis. You may only cancel or amend Limit/Stop Orders as your pending order before your order execution being confirmed in our Trade Book and before it has been matched with another order into our Order Book or by the system (please note that some transaction cancellation will not reverse or waive the pre-paid fees if it was processed in the system). Once your order has been matched with another order over our platform, you cannot amend, change, withdraw, or cancel your confirmation to execute the order. If any order has been partially matched, you may cancel the unmatched portion of the order still in pending status. No amendment or cancellation accepted for the Market Order types which has immediate execution for your order at best market rate available inside the Order Book, once its submitted then its considered done upon market availability.

5.10 Limited Liability:

we are not financial broker, intermediary, agent, consultant or advisor and has no kind of fiduciary relationship or obligation to you in related to any orders, trades, transfers, depositing or another decisions or activities effected by you using any of our Service(s). You agree that no communication or services availability or even information provided to you by us is intended as, or shall be considered or construed as, advice, encourage to engage in business or otherwise of your decisions.

Fees and Charges

ADAX Exchange fees and charges is one tailored to match the global practices in industry:

6.1 Fees and Charges list:

Transaction Fees Description
Trade Fees 0.25% *
  • Flat rate applied upon each trade volume in advance with same asset
  • Minimum trade fees equals $1 in equivalent for prevailing market rate
Inward Wallet Transfer 0.50% *
  • Operational fees
Outward Wallet Transfer 5$ *
  • Outgoing transferring fees in equivalent for prevailing market rates
  • Minimum Outgoing transferring volume is $50 in equivalent
Wire Transfer Deposit 0.00
  • No fees applicable
Wire Transfer Withdrawal 5$ - 30$ *
  • Withdrawal fees in equivalent for the prevailing market rate
  • Minimum withdrawal transferring volume is $100 in equivalent
Holding Fees 25$ / quarter*
  • Applicable for accounts did not execute any trade for last 3 months
  • Will be deducted from USD or BTC or ETH or other assets balance respectively

6.2 Payment Provisions:

  • We charge our fees upon Pre-Trade basis.
  • All fees into ADAX Exchange are being charged in the “Base” cryptocurrency of same transaction pair (or by USD in some cases) upon the prevailing market rates. (example: BTC/ETH, the BTC is the “base” cryptocurrency asset)
  • Our Trade fees are flat for both trading sides; Market Taker and Market Maker orders.
  • We don’t charge any rollover or interest based fees, while quarterly holding fees are for the purpose of covering the security and operational cost for maintaining good standing records for your account into our database if you didn’t make any trade within a tenure of 3 months, to avoid being classified as dormant account, that is; ADAX is an Exchange and trading platform while not performing as a digital Wallet safeguard to keep customer Cryptocurrency in shape of deposits, because there is accompanied cost toward this storage to enable us operate best practices by keeping active database.
  • Above Outward Wallet Transfer fees are for indicative purposes only, while it might be subject to change from time to time upon market circumstances and without a prior notice upon the Blockchains applicable fees and fuel updates, please be aware that we might charge higher Outward Wallet Transfer Fees accordingly without the need for any prior notice to customers to do so and proceed customer’s request in best market practices, such as-without limitation- the applicable USDT transferring fees in market can reach at some times around $25+ per single transfer while it’s not under our control.
  • Above Wire Transfer Withdrawal fees are for indicative purposes only, while it may vary according to multiple factors applied by banks which we don’t have any control on their applicable policies, meanwhile it might be subject to change in their inward/outward remittances acceptance policies from time to time, in addition to the fact that there might be additional charges applied by the receiver banks and being deducted from the principle amount.
  • We charge additional fees for any paper copies requests, starting from USD 50 in equivalent for a specific count of papers upon applicable terms.
  • We don’t accept third party payments in terms of wire transfers and credit card payments, its your responsibility to make sure that the receiving account is in the same beneficiary name, otherwise; we have the right to reject, suspend or reverse the transaction/any transaction related to this section at your own risk for any occurred losses accordingly.
  • For any additional payment gateway might be available through ADAX Exchange at any time, you are aware there will be accompanied service charges by default applied by the service providers such as, Visa, Master Card, PayPal..etc. You agree to handle such additional fees applied by third parties which we don’t have any control on by any mean.
  • We might apply changes and updates from time to time on our applicable fees and charges, while all the updates –if any- will be published through Our Fees page, keep yourself updated by review such updates by visiting Our Fees page continuously.
  • Send/Receive Wire Transfers or Wallet Transfers will not be available to/from individuals, entities or exchanges based in any country may be subject to international sanctions lists, if any such case detected directly or indirectly, then we shall apply required compliance procedures in such cases and at your own risk to handle any damages and/or losses may be resulted accordingly.
  • You agree to pay all applicable fees and charges related to the transaction including your ADAX account hosting fees (if applicable), trade fees, transfer fees, withdrawal fees, blockchain network fees, payment gateways and banking applicable fees.
  • A percent of 0.15% out of each digital asset volumes may be deducted additionally –if applicable- on any outward transfers of digital assets once being active by third parties.
  • Arabcoin (ARB) will be available to be used for paying ADAX Fees in next stage shortly, this disclose exclusively related to Arabcoin (ARB) which is exchangeable inside ADAX Exchange and can be bought by the Order Book or directly by ADAX Exchange upon the prevailing market rates.(not applicable recently)
  • You agree that some transaction’s cancellation will not result in reversing or waiving the pre-paid fees if it was processed in the system or already our third-party deducted the fees, cancellation fees reversal shall be at our sole decision.
  • You agree that we are delegated “by you” to deduct any due amount or payment shortfall on your account held with ADAX Exchange, either through your fiat balance (e,i; USD balance) or your digital assets’ available balances at our own discretion, if any payment by you to us was -for any reason- declined, reversed, charged back, suspended, invalidated or claimed legally by third party.

7. Applicable Taxes

You are responsible to determine taxes which shall be applied on your trading activities or our Service(s) associated to your account or digital assets exposures and you have to comply with all applicable and related laws in place once you access and use any of our Service(s), your responsibility including – but without limitation- following, determining, withholding, collecting, reporting obligations and make necessary payment of all applicable taxes on your trading activities or otherwise by remitting the required tax amounts by yourself to the appropriate tax authorities on time, while our records will be available for such taxes authorities claims -upon their request- to provide and report our customers transactions history accordingly. We are not responsible -by any mean-for determining whether taxes apply to your account, trades, transfersor any other type of transactions associated to your account for collecting, reporting, withholding, or remitting your taxes which arising from your Trades or transactions into ADAX Exchange. You agree that you are the sole responsible for not committing for such taxes requirements if you are hiding information or not reporting necessary taxes on time to the appropriate authorities or any similar behaviours.

8. Restrictions and Prohibitions

You agree to not be a part of, or engaged with any restrictions or illegal activity or suspicious practice by any mean; directly or indirectly, which may lead to a violation to one or more of our Terms of Service, Privacy Policy, Compliance Policy or any applicable laws or market standards, meanwhile; we will conduct due diligence verification, monitoring and on-going screening to detect any such violations and unacceptable purposes, such as: (without limitation):

  • Any activity through our Service(s) may be considered -by our discretion- that its hiding behind it potential suspicious activity for the purpose of conducting illegal activities directly or indirectly by using our Service(s) as alternative channel or approach for illegal payments, liquidation, frauds, darknet exposures, money-laundering, support terrorist activities or financing illegal business. Our strict practice in this manner states; if the suspicion that you are acting on behalf of such party engaged in such illegal activity by any mean, then you are responsible for that by same meaning;
  • restricted parties by international sanctions lists or blacklist including (but not limited to); individuals, entities or countries. This shall apply on illegal activity natures also.
  • if you provided us false, inaccurate, or misleading information at any level of the service; intentionally or otherwise.
  • violate-at any time- any part of our Service(s)’s Terms of Service, Compliance Policy or any applicable terms or regulations or laws, intellectual property or copyrights toward us or ourpartners or third-parties;
  • if your use of our Service(s)by any mean could negatively affect (or affected or expected to affect) our business Service(s), website(s), technology, system(s), platform(s), application(s) or our substantial business environment or may (or caused) damage, disable, overburden, or impair the functioning of our Service(s) in any manner;
  • if we discovered that you have more than one verified account for the same user identity.
  • use any automated means or interfaces not provided by us to access the Service(s) or to extract data without our written pre-approval;
  • Lead to our Service(s) any malware, virusor any other harmful materials and software; directly or indirectly, with good intention or bad intention.
  • If you develop any website(s), software, application(s), platform(s) or any other service(s)which may retrievedata illegally by not allowed means over our Service(s)and without prior written approval by us to do so;
  • Any communications or contents may consider -at our sole discretion- conflict with the applicable code of conduct and acceptable practices over our business environment and professional behaviors.
  • Any other restrictions or prohibitions may be release at any time by regulators with immediate effect and/or international practices updates to prevent industry participants’ database from any illegal or suspicious activity.

You agree that we have the full legal power by regulatory compliance practices to perform any action against you if any of above violations or similar to (without limitation) was confirmed by our sole discretion, while our actions accordingly may include, but not limited to, suspension or termination of service(s), reporting to regulators or enforcement authorities, any legal actions including suing you locally and/or internationally and any potential claims of indemnity against you to recover any occurred and/or potential damages or losses incurred directly or indirectly according to this violation.

9. Risk Management

ADAX Exchange, as an online portal powered by Arabtizor holdings Inc. including its affiliates and subsidiaries are committed to protecting our customers and business environment with highest level of international practices and standards of compliance in terms of Anti-Money Laundry (AML), Know Your Customer (KYC), Counter Financing of Terrorism (CFT), Combat Financial Crimes (CFC) and related illegal activities’ regulations in due diligence to prevent any potential overseas instances risk may threat our business and commercial interests over the offered Service(s) and products, therefore, we keep assessing the efficiency of our compliance policies continuously through our applied strict verification and screening levels such as; verifying customer’s real identities along with international sanctions and blacklists, moreover to apply on-going screening and regular auditing for our customers status changes in cooperation with relative third party platforms and software supported by industry leaders, auditing according to multiple analysis parameters, periodical audit, risk alerts and escalation levels starting from identity verification, ongoing screening of current database, monitor and analyze unusual or suspicious transactions, internal auditing over periodic examination rounds and reporting procedures such as; Suspicious Transactions Reporting (STR), Currency Transaction Reporting (CTR), Suspicious Activity Reporting (SAR), and up to reaching highest level of escalation by communications with regulators and provide required reporting and act accordingly.

We prepared AML policy as a part of the comprehensive Compliance Policy to ensure the highest possible voluntary compliance under national and international standards and procedures which recommended in the guidelines for best practices by universal authorities such as; Financial Action Task Force (FATF) efforts to implement best practices in industry that meet regulatory requirements and best business practices. This Compliance Policy is subsequent part of our Terms of Service which applies uniformly to any user desirous of availing our Service(s) or otherwise using our platform or benefitting from the use of any technology solution become available over our Website(s). It is imperative that you read this Compliance Policy before using any service or product available for you by our Website(s). By using our Website(s) and any of our Service(s), you are expressly consenting to be bound by the Terms of Service, Privacy Policy and consequently our Compliance Policy. You must stop using our Service(s) and products such as; website(s), platform(s), application(s), software(s) or any other technology solution we if your use results in committing/attempting to commit for any criminal offences.

We have the right, at any time, to change or modify our Compliance Policy terms applicable to your use for any of our Service(s) and products, or to impose new terms and conditions, including, but not limited to, additions, deletions or modifications shall be effective immediately upon notice thereofthis notice may be given by means including, but not limited to, updating the “Last Updated” date field at the top of the page of Compliance Policy with the date of the current revision. Any use of our Service(s) and products by you after such notice shall be deemed to constitute acceptance by you of such changes, deletions, modifications or additions. Any amended terms will apply prospectively to use of the services after such changes become effective, hence; it is important therefore that you review our updates on a regular basis to ensure that you are familiar with the terms in force from time to time and any changes made to them. If you do not agree to any updates, you must discontinue using our Service(s) and products and contact us to terminate your account/registration or any kind of business relationship might be established between you and Arabtizor holdings Inc or any of its subsidiaries, affiliates and partners over its Service(s). We may regularly furnish regulators or law enforcement agencies the details of any transactions taking place into/through our Service(s); website(s), platform(s), application(s), records or any technology solution we may make available for customers and that as deemed necessary by us.

We are committed to apply best practices in industry in terms of our efforts to undertake the role of risk management and assessment over our Service(s) and products to prevent any criminal or suspicious activity from being a part of our business environment; hence, we will implement a risk assessment process based on all (or) any of below measures:

  • Sufficiency and adequacy of identification documents submitted by you in any stage of service we choose before the actual delivery of the services or products.
  • Your social and/or financial status if such requirements raised by regulators locally or internationally.
  • Nature and other similar information about your business and/or vocational activities.
  • Guidance notes circulated by various governmental and/or inter- governmental organizations.
  • Any other parameters may be required to perform our operations in best practices.

Important: If you violates any of our Compliance Policy terms at any time or by any mean such as-without limitation- hiding any real information, doesn’t commit to our AML policy requirements or any action might classified as a violation to our Compliance Policy, meanwhile we may use third party software, records or materials to proceed our operations and verification process, herein you understand and agree that we have the full right to chech your identity and application and reject, suspend, freeze, report your account and its transactions completely –if required- upon our steering committee decision and/or regulators regulations, meanwhile; in such case(s) -without limitation- you agree to accept this action against you without any liability toward Arabtizor Holdings Inc. or any of its subsidiaries, affiliates, partners, management, staff members and without objection by you or any party can act on behalf of you.

A part of our procedures to enable evaluating the risk accompanied by the nature of our business users, we may categorize your account into specific risk criteria’s according to one of the following pools:

  • Low-Risk Accounts;
  • Medium- Risk Accounts;
  • High-Risk Accounts.

We will keep your risk categorization and related data confidential at all times, subject to any requests received from a competent law enforcement authority. In order to maintain the integrity of the risk assessment process, the results of your risk assessment and/or categorization will not be disclosed to you either.

Our Compliance Policy is a part of our Terms of Service and it may be updated from time to time and publish any changes, updates, modifications over this site which including latest version of the Compliance Policy which has our applied practices and standards along with market international guidelines by following its page link: https://adax.ae/legal/compliance

10. Privacy Notice

Our Privacy Policy is a part of our Terms of Service and we may update from time to time and publish any changes, updates, modifications over this site which including latest version of the Privacy Policy which has included GDPR guidelines by following its page link:https://adax.ae/legal/privacypolicy

11. Electronic Communications

You consent that electronic means are the communication way between you and us once you requested our Service(s). You approve to receive electronically all communications, agreements, documents, receipts, notices, confirmations, disclosures or any announcement might be released by us to our customers in terms of our Service(s) and its associated manners, meanwhile you agree that all these electronic communications, agreements, documents, receipts, notices, confirmations, disclosures or any announcement otherwise will have the same legal power as of being in writing. You agree that we may provide these communications to you by posting them via our Service(s) such as; our website(s) and/or by emailing them to your registered email address which you provided. It’s your responsibility to maintain copies of electronic communications by printing a hard copies or saving an electronic copies at your end. We may use official social media pages, groups to enhance our customer service experience and support levels, it’s your responsibility to evaluate the risk involved in such electronic channels, such as, without limitation, fake pages or groups, hacked pages or groups, non-official pages or groups…etc. and you have to be aware of your access and use by not providing any sensitive details or critical account data which can lead to steal your identity or threat your assets privacy over there and never and even if it was our official page or group or admin contacting through the social media, WE WILL NEVER ASK YOU ABOUT YOUR PASSWORDS OR 2FA SECURITY PASS OR SENSITIVE DATA THROUGH THE SOCIAL MEDIA OR SOCIAL CHAT GROUPS, moreover, you have to pay fair enough attention to your account wealth by making sure that you are dealing with the official party as the original counterparty for your ADAX Account, you agree that you understand and accept to be fully liable solely for any electronic risks may affect your ADAX account or security level -by any mean- due to your shortfall of necessary attention or precautions or otherwise, not conducting due diligence adherence or due to any level of careless you performed toward the due diligence shall be conducted in such cases as our risk disclaimer and precaution release. if any doubts or suspicious activities noticed by you, then you should immediately notify us under advise at: [email protected]

To ensure full commitment to any applicable laws or regulations, we may be required to send you notices from time to time. All such notices will be sent to such address as email address provided by you will be considered the main and legal contacting channel to notify you – if required without obligation- in addition to the website(s) updates.

12. Third Party Links

We may include links, websites or contents provided by third parties which we do not have any control on, hence; we shall have no responsibility for such content, including without limitation materials that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence or loss or damage of any sort incurred as the results of the interacting with such third parties are solely a relationship between you and such third parties without any liability from our side toward such relationship and it shall be at your own risk.

13. Indemnification

You agree to indemnify and hold harmless Arabtizor Holdings Inc. and its subsidiaries, affiliates, partners, agents, contractors, licensors, directors, employees and shareholders or any third-party might be engaged in business relationship with us against any losses, claims and damages directly or indirectly including the attorneys’ fees, court fines or penalties imposed by any regulatory authority arising out of your breach or our enforcement of this Agreement. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of our Service(s).

14. Governing Laws

This agreement shall be governed by the applicable laws of United Arab Emirates under the respective jurisdiction of RAKIA along with its respective authorities upon the registration of Arabtizor Holdings Inc. in regards of any raised incidents that is not covered by arbitration terms.

15. Agreement Translations

This agreement accredited in English language as the master copy of our Terms of Service which our customer(s) agree on when they are access and/or use our Service(s), meanwhile, it might be available in other languages for our customer(s) convenience purpose, hence; any translation of this Agreement “Terms of Service” and all its associated terms are subject to the definitions and interpretations indicated in the English language copy if any conflict, shortfall, misunderstanding or mismatching may raise up.

16. Referral Program

Our referral rewards are based on a fixed percentage deducted from our received Trade Fees to be for the favor of our referral program partners, no matter the amount limits and even if lasts for life time cycle, whenever this referred customer has active trading over ADAX Exchange, our referral program partner can receive his commission portion which shall be approved in written by us upon case by case basis, that is, by leading new active customers to ADAX Exchange through their referral links or any other means being available officially by our Service(s).

17. Intellectual Property

All our Service(s)’s properties are protected by international intellectual property and copyrights such as, but without limitation, ideas, names, designs, structures, trademarks, website(s), platform(s), application(s), software solutions, templates, contents, graphics, designs, logos, scripts and anytechnology solution we make it available (referred to as “Materials” collectively), we reserve all rights to claim and sue any party; person, entity or otherwise if revealed by evidence of violation to this term over his illegal/not allowed access and/or use of any materials pertaining to our Service(s) and product(s) without a written pre-consent by us .

18. Records Retention

Under applicable Laws, Standards or practices, we are required to maintain and preserve the following information and/or data:

  • Records of all accounts and transactions executed by you on our Website(s), platform(s), application(s) or any technology solution we make it available for the customer use, for a period specified by ten years from the date of each.
  • Records of all suspicious transactions, trans-national transactions, and transactions wherein the amounts involved exceed a specific amount(s), whether executed or attempted, for a period of at least ten years, including but not limited to the information about the nature and value of the transactions, parties involved in such transactions, and information about the date of remittance, in addition to reporting the same upon requested.
  • Identification records of Account Users; including, but not limited to, the Valid Documents submitted, during the subsistence of and for a period specified by law from the date of termination of such User’s.

19. Disputes and Arbitration

In case of disputes which can be resolved in this stage, you agree that all disputes, controversies or claims arising because of our Service(s), will be resolved through confidential individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding; unless applicable laws requires otherwise, that is; with keeping the full legal rights for each party as guaranteed by applicable laws to proceed through legal action required if not resolved in this stage.

20. General Provisions

  • We may, at any time and by our sole discretion, reject, suspend, hold, terminate any account, order, transfer or transaction through our Service(s), and/or apply changes to the requirements, limits, options or and detail of our Service(s), and/or impose – at any time- further requirements or restrictions upon the use of our Service(s) without any prior notice or limitation.
  • We may – at any time - list new digital assets through our Service(s) and/or discontinue supporting any existing digital assets and/or suspend, hold, cancel any (or all) of our Service(s) our own discretion for any or no reason, meanwhile, we retain the right to determine whether to support the transfer, storage or trading of any associated Service(s). If any discontinue action required for any of our Service(s), then we will notify our customers by electronic means – including emails but not obligation- in a period of 30 days (unless otherwise required by law or law enforcement) to enable customers to transfer their available balances outside ADAX accounts and to give them the opportunity to be ready for the Service(s) termination/closure, meanwhile; if you do not transfer your available balances inside ADAX Accountand performed required action to prepare for the account closure, then your available balances may be lost permanently due to your inabilityto perform in due course - whatever the reason- accordingly and we have the right then to cancel all open orders or any pending transactions requests, hence; in such exceptional cases, you agree that we will not be liable to you (or any one on behalf of you) for any losses, damages, loss of profits, loss of digital assets (or tokens), liability, compensations or expenses related to this decision to cease the support for all or any part of our Service(s).
  • We are not liable or responsible for any digital asset or token listed inside ADAX Exchange and our role is purely in terms of making it available via our market technology solutions for the interested market slide in due diligence evaluation by their own self. We do not recommend or guarantee any digital asset or token listed inside ADAX Exchange in terms of, but without limitation, its legality, correctness, efficiency or profitabilityor financial status and it’s your own risk to decide to trade any listed digital asset and tokens available by our Service(s).  No claims will be accepted by any user toward out of control incidents such as, without limitation, operational defaults, inefficiency, delays or network errors, delay, threats, hacking which may affect their digital assets or tokens at any level of Service(s) inside ADAX Exchange
  • If, for any reason, any of our Terms of Service is declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms of Service and the remainder of the Terms of Service shall survive, remain in full force and effect and continue to be binding and enforceable without affecting it by this part waiver.
  • You agree that any legal remedy or liability that might be raising by any action or omission of other users or other third parties will be limited to a claim against the particular users or other third party who caused you harm, you agree not to attempt to impose liability or any legal remedy against us in regard to such actions or omissions.
  • You waive your right for any provision in law may lead for your right to consider all or any part of our Terms of Service as invalid. For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.
  • This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without our prior written consent. No third party shall have any rights accordingly.
  • You agree to comply for the general cordial practices and standard code of conduct in your practices through any level of our available services levels, such as, without limitation, no cursing, no threating, no use breaches by improper words, expressions or contents directly or indirectly over any available channel we make it available for supporting our customers.
  • For the fact that we might cooperate with third parties to operate and support our business environment operations, you agree and understand that we are doing best efforts in this manner but same time we don’t have full control on any other parties practices, operations, relations or otherwise, hence; we don’t accept any kind of liability toward any losses, damages, loss of profits or any other effects related to the third parties defaults, errors, delays, breaching, or any action might affect your account and/or transactions inside ADAX Exchange by any mean out of our control, for example, without limitation, hosting services partners network errors, delays or otherwise

21. Disclaimer

Your use of our Service(s) is at your own risk. We expressly don’t accept any responsibility and liability directly or indirectly toward your access or use or the use of other users of our service(s). All our service(s) including but not limited to; trading platform, technology solutions and software, website(s), application(s), platform(s) and digital asset(s), live data, charting tools any other associated services are provided on an “as is” and “as available” basis and no warranties by any mean, whether expressed or implied. We do not warrant through any of our Service(s) the accuracy, completeness, reliability, updates, error-free, any other online network risks, the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance. We are not responsible for any injuries or losses or damages resulted by the use of the Service(s) and we do not warrant that your access or use of our Service(s) at your country is lawful in a particular jurisdiction. By accessing or using our Service(s) you represent and warrant that your activities are lawful in every jurisdiction where you access or use our services. You acknowledge that your data may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including -but not limited to; software failures, internet outages, hacking, viruses or other harmful materials, scheduled or unscheduled maintenance, protocol changes by third party providers, force majeure event or other disasters, or other causes either within or outside our control. You are solely responsible for backing up and maintaining additional copies of any information. You agree that there is no liability or responsibility on Arabtizor Holdings inc. (through its online portals “ADAX Exchange “or otherwise) or its affiliates, subsidiaries, shareholders, board of directors, advisory board members, directors, officers, employees, staff, attorneys, agents, representatives, suppliers or contractors directly or indirectly against any results for your access and/or use of our Service(s), including, but not limited to, penalties, losses, data damages, loss of profits. Your access and use of any of our Service(s) by any mean is a consent that you agree on this Terms of Service and all its updates