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New Capital Exchange Terms of Use

Last revised: July 7, 2020

New Capital LT ("New Capital") welcomes you to the New Capital Exchange (website https://new.capital/exchange and all and any service provided by New Capital by means of the New Capital Exchange platform (collectively the “Services”).

Please read these terms and conditions of use carefully before using our Services.

1. ACCEPTANCE OF TERMS

By entering, accessing or using the Services you acknowledge that you have read and understood these Terms of Use https://new.capital/terms-and-conditions-of-use.html and Privacy Notice https://new.capital/privacy-notice.html, (collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Services. These Terms are a binding and enforceable legal contract between you and New Capital, so please read them carefully.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.

2. CONTRACTING PARTIES

These Terms, along with our Privacy Policy constitute a legal and binding agreement between you, the account holder and us, New Capital. In these terms and conditions, a reference to "New Capital", "we", "us" or "our" is a reference to New Capital. A reference to "you" or "your" is a reference to a natural person and/or a legal entity that signs up for an account on our Service.

The New Capital Exchange is operated by New Capital LT, UAB. New Capital LT, UAB is incorporated in Lithuania with the company number 304696871 and having its registered office at Lvovo str. 13C-5, LT-09313, Vilnius, Lithuania (contact email: contact at new dot capital).

3. CHANGES TO THESE TERMS

New Capital reserves the right to modify or change the Terms at any time and at its sole discretion. New Capital Exchange will provide notice of these changes by updating the revised Terms on the webpage https://new.capital/terms-and-conditions-of-use.html and changing the “[Last revised: ]” date on this page. You will be notified of any changes through your account or email address, therefore you have the obligation to check your email and account regularly. Your further use of our Services indicates your acceptance of the changed Terms. If you do not agree to any modification to these Terms, you must immediately stop using the Services. New Capital encourages you to frequently review the Terms to ensure that you understand and agree with the terms and conditions that apply to your access to, and use of, the Services.

4. ELIGIBILITY

By registering to use a New Capital Exchange Account, you represent and warrant that you:

  • are at least 18 years old or of legal age to form a binding contract under applicable law;
  • are an individual with full legal capacity and authority to enter into these Terms;
  • have not previously been suspended or removed from using our Services.

5. DESCRIPTION OF SERVICES AND STATUS OF THE NEW CAPITAL EXCHANGE

New Capital provides an online Digital Asset trading platform (crypto to crypto) for assets commonly known as cryptographic tokens/coins, digital tokens or cryptographic currencies (collectively, “Digital Assets”). New Capital does not provide fiat trading capabilities as part of the Services. New Capital does not provide Services in relation to the securities (also known as security tokens) and/or other financial instruments, and to the best knowledge, all of the Digital Assets listed in New Capital Exchange are not designated to be securities or other financial instruments.

The New Capital Exchange functions as an exchange platform, allowing users to place buy and sell orders and to execute trades. New Capital Exchange does not provide change services.

Users must register and open an account with the New Capital Exchange and deposit Digital Assets prior to the commencement of any trading.

New Capital strives to maintain the accuracy of the information posted on the Services. However, it cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance or fitness for any purpose of the content made available through the Services, and will not be liable for any loss or damage that may arise directly or indirectly from your use of such content. Information on the Services may be subject to change without notice, and this information is provided for the primary purpose of assisting account holders in making independent decisions regarding their activities when using this Service.

New Capital does not provide investment advice and will assume no liability for the use or interpretation of information as presented or stated on the Services or other communication media. All users of the Services must understand that there are risks involved when trading in Digital Assets. New Capital encourages all users to exercise prudence and trade responsibly commensurate with their individual abilities, capabilities and means.

According to the applicable laws of the Republic of Lithuania, there is no requirement for a licence to be issued by the Bank of Lithuania or any other supervisory authority in order to allow the New Capital Exchange to operate. Therefore, neither the New Capital Exchange nor New Capital (the operator of the New Capital Exchange) are subject to the laws regulating financial markets, the supervision by the Bank of Lithuania, or require oversight or control by any other institution supervising financial markets in the Republic of Lithuania. Your Digital Assets transferred to the New Capital Exchange are not covered or guaranteed by us or by any commercial or state insurance agency.

According to local laws, New Capital has notified the State Enterprise Centre of Registers (in the Republic of Lithuania) of their activities as aServices of Digital Assets exchange operator.

6. ACCEPTED DIGITAL ASSETS

New Capital Exchange Services are available in relation to the supported Digital Assets as referenced on the New Capital Exchange. Digital Assets that are not listed as being supported by the New Capital Exchange will not be viewable on the interface.

New Capital retains the right, at its sole discretion, to determine the listing, support, transfer, storage or trading of any Digital Asset included in the Services, and may without reason or explanation discontinue or terminate the inclusion and support of any Digital Asset at any time.

Unless otherwise required by applicable laws, the New Capital Exchange will make reasonable efforts to notify you of its decision to cease the support of Digital Asset. If the New Capital Exchange ceases to support, transfer or store a particular Digital Asset, the New Capital Exchange will use reasonable efforts to notify you at least 10 days in advance of such an occurrence so as to provide you with an opportunity to withdraw the affected Digital Assets from your User Account to an external address. If you do not transfer the affected Digital Assets out of your User Account prior to the cessation of the support for this Digital Asset by the New Capital Exchange, your access to or control of this particular Digital Asset may be lost. The New Capital Exchange will not be liable to you for any losses, liability or expenses related to its decision to cease the support for any Digital Assets.

7. ACCOUNT REGISTRATION & REQUIREMENTS

7.1. REGISTRATION

All users of the Services (a “User”) must register at https://new.capital/exchange for a New Capital Exchange account (an “Account”) before using the Services. To register for an Account, you must provide the information as specified in subsection 7.2.

New Capital may, at its sole discretion, refuse to open an account for you.

You agree to provide complete and accurate information when opening an Account, and agree to promptly update any information that you provide to New Capital so that such information is complete and accurate at all times.

7.2. USER IDENTITY VERIFICATION

When registering an account with the New Capital Exchange, you agree to share personal information requested for the purposes of verifying your identity as well as for any other legitimate purposes that we deem to be necessary for providing our Services to you.

Your personal information will be retained during the period that your Account is active. In the event that your Account is cancelled or terminated, your personal information will be retained for an additional period as deemed necessary so as to enable New Capital to meet its legal obligations under applicable laws or regulations, such as financial regulations, KYC and AML regulations, as well as to meet any contractual obligations. In addition, New Capital, at its own discretion, may retain such personal information for an extended period, provided that retaining such information is strictly necessary for its legitimate interests, such as fraud prevention and record keeping, enforcing its policies, resolving or exercising claims regarding potential disputes, and where New Capital is guided to do so by the applicable regulatory authority.

The identity verification information that we request may include, but is not limited to, your name, email address, contact information, telephone number, username, government- issued ID or passport, residential address, date of birth and any other information collected at the time of your account registration and as required at a later date. In providing this information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the information is truthful, complete and updated in a timely manner with any changes. If we have any reasonable belief that information you have provided is incorrect, untruthful, outdated or incomplete, New Capital reserves the right to send you a notice to demand corrections, remove relevant account information directly or, at our sole discretion, terminate all or part of the Services to you. You shall be exclusively and entirely responsible for any losses or expenses incurred during the use of the Services if you cannot be reached through the contact information provided or if you fail to respond to our requirements in a timely manner. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.

By entering into these terms you hereby authorize New Capital to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or to protect you and/or New Capital against fraud or other financial crimes. In addition, you expressly permit New Capital to take action that we reasonably deem necessary based on the result of such inquiries. You also acknowledge and agree that your personal information may be disclosed to fraud prevention or financial crime agencies, and that these agencies may respond to our inquiries in full.

7.3. ACCOUNT USAGE REQUIREMENTS

Accounts can only be used by the person whose name they are registered under. New Capital reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. You shall immediately notify New Capital if you suspect or become aware of an unauthorized use of your Account. New Capital will not be liable for any loss or damage arising from any use of your Account by you or by any third party (whether or not authorized by you).

7.4. ACCOUNT SECURITY

New Capital strives to maintain the safety of those user’s Digital Assets entrusted to us and has implemented industry standard protections for the Services. However, there are risks that are created by individual User actions and activities.

You agree to consider your access credentials, including 2FA or any other authentication procedures, as confidential information and not to disclose such information to any third party.

You also agree that you alone are responsible for taking the necessary safety precautions to protect your own Account and personal information.

You shall be solely responsible for the safekeeping of your New Capital Exchange Account access credentials, and you shall be responsible for all activities performed in your Account. New Capital will not be responsible for any loss or consequences of authorized or unauthorized use of your Account credentials, including but not limited to unprofitable trades, information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreements, etc.

By creating an Account, you hereby agree that:

  • you will notify New Capital immediately if you are aware of any unauthorized use of your New Capital Exchange Account by any person, or any other violations of the security rules or recommendations;
  • you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism and procedures of the website/Service; and
  • you will log out from the website by taking the proper steps at the end of every visit.

8. GUIDELINES FOR USAGE OF THE SERVICES

8.1. LICENSE

Subject to your continued compliance with the express terms and conditions of these Terms, New Capital provides to you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services on your computer or other Internet-compatible device for your personal, internal use only. You are not permitted to use the Services for any resale or commercial purpose, including to place trades or perform any transactions on behalf of another person or entity. All such use is expressly prohibited and shall constitute a material violation of these Terms. The content layout, formatting, and features of and access privileges for the Services shall be as specified by New Capital, at its sole discretion. All rights not expressly granted under these Terms are hereby reserved. Accordingly, you are hereby prohibited from using the Services in any manner that is not expressly and unambiguously authorized by these Terms.

You hereby agree that New Capital transfers no ownership or intellectual property interest or title in and to the Services or any New Capital intellectual property to you or anyone else in connection with your use of the Services. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services are exclusively owned, controlled, and/or licensed by New Capital or its members, parent(s), licensors, or affiliates.

New Capital will own any feedback, suggestions, ideas, or other information or materials regarding the New Capital Exchange or the Services that you may provide, whether by email, through the Services or otherwise (collectively, “Feedback”). You hereby assign to New Capital all rights, title and interest to any Feedback, together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.

8.2. RESTRICTIONS

When you use the Services you agree and covenant to observe the following:

  • All the activities that you carry out during the use of the Services will be in compliance with the requirements of all applicable laws, regulations, as well as the various guidelines of New Capital;
  • Your use of the Services will not be in violation of public interests, public ethics or other’s legitimate interests, including taking any action that would interfere with, disrupt, negatively affect, or inhibit other Users from using the Services;
  • You agree not to use the Services for engaging in market manipulation (such as pump-and-dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether or not such practices are prohibited by law).

The following commercial uses of New Capital Exchange data is prohibited unless express written consent from New Capital is granted:

  • Exchange services that use quotes or order book information from the New Capital Exchange;
  • Data feed or data stream services that make use of any market data from the New Capital Exchange;
  • Any other websites/apps/services that charge for, or otherwise commercially monetize (including through advertising or referral fees), market data obtained from the New Capital Exchange.

You may not:

  • use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the properties or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services;
  • attempt to gain unauthorized access to any portion or feature of the properties or any other systems or networks connected to the Services, or to any New Capital server or to any of the Services offered on or through the Services, by hacking, password "mining," or any other illegitimate or prohibited means;
  • probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures of the Services or any network connected to the Services;
  • reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or New Capital’s systems or networks, or any systems or networks connected to the Services;
  • use any device, software, or routine to interfere with the proper working of the Services or any transaction conducted on the Services, or with any other person's use of the Services;
  • forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you may send to the Services, or
  • use the Services in an unlawful manner.

By accessing the Services, you agree that New Capital shall have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions to apply relevant rules and remedies without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to:

  • blocking and closing order requests;
  • freezing your account;
  • reporting the incident/s to the relevant authorities;
  • publishing the alleged violations and actions that have been taken;
  • deleting any information published by you that we deem to be in violation of these Terms.

9. ORDERS AND SERVICE FEES

9.1. ORDERS

Upon placing an instruction to effect a trade using the Services (an “Order”), your Account will be updated to reflect the open Order, and your Order will be included in the New Capital Exchange’s order book for matching with Orders from other Users. If all or a portion of your Order is matched with another User, the Services will execute an exchange (a “Trade”). Upon execution of a Trade, your Account will be updated to reflect that the Order has either been closed due to having been fully executed, or updated to reflect any partial fulfillment of that Order. Orders will remain open until fully executed or cancelled in accordance with subsection 9.2. below. For the purposes of effectuating a Trade, you authorize New Capital to take temporary control of the Digital Assets that you are disposing of in the Trade.

9.2. CANCELLATIONS

You may only cancel an order initiated via the Services if such a cancellation occurs before your Order has been matched with an Order from another user. Once your Order has been matched with an Order from another user, you may not change, withdraw, or cancel your authorization for New Capital to complete such an Order. If any order has been partially matched, you may cancel the unmatched portion of the Order, unless the unmatched portion has been matched. New Capital reserves the right to refuse any cancellation request associated with an Order after you have submitted such Order. If you have an insufficient amount of Digital Assets in your Account to fulfill an Order, New Capital may cancel the entire Order or may fulfill a partial Order that can be covered by the Digital Assets currently available in your Account (in each case, after deducting any fees payable to New Capital).

9.3. FEES

The fees that we charge for using our Services are listed on our “Fees Pages”: https://docs.new.capital/community-exchange-fee-schedule. We reserve the right to change our fees from time to time with no prior notice.

10. LIABILITY

10.1. DISCLAIMER OF WARRANTIES

The Services, the New Capital Exchange materials and any product, service or other item provided by or on behalf of New Capital are provided on an “as is” and “as available” basis. New Capital expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade.

Without limiting the foregoing, New Capital does not represent or warrant that the site, the Services or any New Capital Exchange materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.

New Capital does not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements set forth in this agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Services.

Without limiting the foregoing, you hereby understand and agree that New Capital will not be liable for any losses or damages arising out of or relating to:

  • a failure of the Services to process an Order or to execute a Trade;
  • any inaccuracy, defect or omission of Digital Asset price data;
  • any error or delay in the transmission of such data;
  • interruption in any such data; and
  • any damages incurred by another user’s actions, omissions or violation of this agreement.

The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction in which you reside.

10.2. DISCLAIMER OF DAMAGES AND LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event will New Capital, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, advisors, suppliers or contractors be liable for any damages, direct and indirect, including incidental, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the Services, any performance or non-performance of the Services, or any other product, Service or other item provided by or on behalf of New Capital and its affiliates, whether under contract, statute, strict liability or other theory, except to the extent of a final judicial determination that such damages were a result of New Capital’s gross negligence, fraud, willful misconduct or intentional violation of law. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to You, against New Capital and other persons mentioned hereinbefore.

Notwithstanding the foregoing, in no event will the liability of New Capital, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection the Services, any performance or non-performance of the Services, or any other product, Service or other item provided by or on behalf of New Capital or its affiliates whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to New Capital under this agreement in the twelve-month period immediately preceding the event giving rise to the claim for liability.

10.3. INDEMNIFICATION

You agree to indemnify and hold harmless New Capital, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to:

  • your use of, or conduct in connection with the Services,
  • your breach or our enforcement of these Terms, or
  • your violation of any applicable law, regulation, or rights of any third party during your use of the Services.

11. ANNOUNCEMENTS

Please be aware that all official announcements, news, promotions, recommendations, competitions and airdrops will be listed at https://discord.gg/bcJ6qZc. We urge all users to refer to our online communications regularly. New Capital will not be held liable or responsible in any manner of compensation should users incur any losses whatsoever arising from inaccuracies contained within the New Capital communications, or due to the user’s negligence in frequently reviewing these communications.

12. ACTIONS IN RESPECT OF YOUR ACCOUNT

You agree that New Capital shall have the right to immediately suspend your Account, freeze or lock the Digital Assets in all such accounts, halt the execution of any Orders, and suspend your access to New Capital Exchange for any reason including if it suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that New Capital shall not be liable to you for any permanent or temporary modification, suspension or termination of your Account or access to all or any portion of the Services. New Capital shall have the right to keep and use the transaction data or other information related to such accounts. The above Account controls may also be applied in the following cases:

  • The Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
  • We detect unusual activity in the Account;
  • We detect unauthorized access to the Account;
  • We are required to do so by a court order or command by a regulatory or government authority.

In case of any of the following events, New Capital shall have the right to directly terminate this agreement by cancelling your Account, and shall have the right to permanently freeze (cancel) any access to your Account on the New Capital Exchange:

  • after New Capital terminates Services to you;
  • you allegedly directly or indirectly register in your own or any other person’s name as a New Capital Exchange user after New Capital has previously terminated your Account;
  • the information that you have provided is untruthful, inaccurate, outdated or incomplete;
  • when these Terms are amended, and you expressly state and notify New Capital of your unwillingness to accept the amended Terms;
  • you request that the Services be terminated; and
  • any other circumstances where New Capital deems it should terminate the Services.

Should your Account be terminated, the Account and transactional information required for meeting data retention standards will be securely stored for an appropriate period as deemed necessary for New Capital’s legitimate interests. In addition, if a transaction is incomplete during the Account termination process, New Capital shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user initiated Account exit (the right to erasure under GDPR or other equivalent regulation) will also be subject to the termination protocol stated above.

If New Capital receives notice that any Digital Assets held in your Account are alleged to have been stolen or are otherwise not lawfully possessed by you, New Capital may, but has no obligation to, place an administrative hold on the affected Digital Assets and your Account. If New Capital does place an administrative hold on your Account or some or all of your Digital Assets, New Capital may continue such a hold until such time as the dispute has been resolved and evidence of the resolution acceptable to New Capital has been provided to New Capital in a form that is acceptable to New Capital. You agree that New Capital will assume no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or execute trades during the period of any such hold.

12.1. REMAINING DIGITAL ASSETS AFTER ACCOUNT TERMINATION

Except as set forth in subsection 12.2. below, once the Account is closed/withdrawn, all remaining balances (which includes charges and liabilities owed to New Capital) on the Account will be payable immediately to New Capital. Upon payment of all outstanding charges to New Capital (if any), the User will have 5 business days to withdraw all Digital Assets from the Account.

12.2. REMAINING DIGITAL ASSETS AFTER ACCOUNT TERMINATION DUE TO FRAUD, VIOLATION OF LAW, OR VIOLATION OF THESE TERMS

New Capital maintains full custody of the Digital Assets and User data/information which may be provided to governmental authorities in the event of an Account suspension/closure arising from fraud investigations, investigations regarding law violations, or violation of these Terms. Digital Assets held in custody by New Capital may be released to the Account holder if it is established that no fraud or violation of the law has occurred.

13. NO FINANCIAL ADVICE

New Capital is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities affected by you using the Services. You are using the Services and executing trades at your own risk.

No communication or information provided to you by New Capital is intended as, or shall be considered or construed as investment advice, financial advice, trading advice, or any other form of advice.

All trades are executed automatically, based on the parameters set by You in your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.

You should consult your legal or tax professional regarding your specific situation. New Capital does not recommend that any Digital Assets should be bought, earned, sold or held by you. Before making the decision to buy, sell or hold any Digital Assets, you should conduct your own due diligence and consult your financial advisors.

New Capital will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by New Capital.

14. COMPLIANCE WITH ANTI MONEY LAUNDERING/COMBATING THE FINANCING OF TERRORISM (AML/CFT)

Money laundering is defined as the process where the identity of the proceeds of crime is so disguised that it gives an impression of legitimate income. Criminals specifically target financial services firms through which they attempt to launder criminal proceeds without the firm's knowledge or suspicion. In response to the scale and effect of money laundering, the European Union has passed directives designed to combat money laundering and terrorism. These directives, together with regulations, rules and industry guidance, form the cornerstone of our AML/CTF obligations and outline the offenses and penalties for failing to comply.

New Capital is a legal entity that falls within the scope of the AML/CTF obligations. The management of New Capital has implemented systems and procedures that meet the standards set forth by the European Union.

New Capital desires to prevent money laundering and endeavours to prevent our Services from being used by criminals to launder the proceeds of crime.

The New Capital AML Policy is designed to prevent money laundering by meeting the European standards on combating money laundering and terrorism financing, including the need to have adequate systems and controls in place to mitigate the risk of the firm being used to facilitate financial crimes.

The Services are prohibited from transacting with individuals, companies that are on prescribed sanctions lists, and New Capital will therefore screen all relevant sanctions and warning lists. When registering an Account with us and by accessing and using the Services, you represent and warrant that you are not on any trade or economic sanctions lists.

New Capital, at its sole discretion, may accept or reject Digital Assets transferred to your Account from services known as mixers, tumblers or CoinJoin. Transactions to your Account originating from these services may be suspended and your Account might be frozen pending further investigation.

15. RISK WARNING

As with any asset, the value of Digital Assets may fluctuate and there is a substantial risk that you will lose money buying, selling, holding or investing in Digital Assets. By using these terms you acknowledge and agree that:

  • you are aware of the risks associated with transacting in Digital Assets;
  • that you assume all risks with respect to your use of the Services and trading in Digital Assets, and
  • New Capital is not responsible or liable for any such risks or adverse outcomes.

These risks include but are not limited to the failure of hardware, software or Internet connections, the risk of malicious software instruction and the risk of unauthorized access to your Account. It is your responsibility to familiarize yourself with the risks involved with Digital Assets, their protocols and networks. Use of the Services does not remove these risks. New Capital is not responsible for any communication failures, disruptions, errors, distortions or delays when using the Services, however they may be caused.

You acknowledge and agree that the value of Digital Assets can change rapidly and without warning, increase or decrease unexpectedly, and may even fall to zero.

16. COMPLIANCE WITH LOCAL LAWS

It is the responsibility of the User to abide by local laws in relation to the legal usage of the New Capital Exchange in their local jurisdiction. Users must also factor, to the extent of their local laws, all aspects of taxation, including the withholding and collection of any taxable amounts, and the required reporting and remittance to their appropriate tax authorities.

All Users of the New Capital Exchange and any of its Services acknowledge and declare that their Digital Assets derive from legitimate sources, and are not the proceeds of illegal activities.

17. UNCLAIMED PROPERTY

If your User Account has been inactive and You have not responded to reasonable attempts by New Capital to contact You for a period of more than 6 months, New Capital may have an obligation by applicable law to report any Digital Assets in your User Account as unclaimed property. If this happens, New Capital will attempt to contact You using the contact information provided by You. If You do not respond, New Capital may be required to deliver any Digital Assets to the authorities in a specified jurisdiction as unclaimed property. New Capital reserves the right to deduct any fees payable to the New Capital Exchange prior to the delivery of those Digital Assets to the authorities. Additionally, in such a case, New Capital may close your User Account.

18. TAXES

All Users are solely responsible for compliance with the local tax laws applicable in their jurisdiction. Buying and/or selling Digital Assets may have tax consequences under your taxation local laws. We recommend that you take legal advice before transacting in Digital Assets.

19. PRIVACY POLICY

Access to the Services will require the submission of certain personally identifiable information. Please review New Capital Exchange’s Privacy Policy found at https://new.capital/privacy-notice.html for a summary of New Capital’s practices related to the collection and use of personally identifiable information.

20. RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER, GOVERNING LAW

20.1. NOTIFICATION OF DISPUTE

Please contact New Capital first before initiating any legal actions, as New Capital wishes to address your concerns without resorting to formal legal proceedings. Prior to filing any legal claims, you agree to attempt to resolve disputes informally by contacting New Capital first through email: exchange at new dot capital.

20.2. AGREEMENT TO ARBITRATE

Any dispute, arising out of or relating to this Agreement (including any questions regarding the existence, validity or termination of any Services or products provided, and any representations made by New Capital), shall be finally settled by arbitration in the Vilnius Court of Commercial Arbitration (in the Republic of Lithuania) in accordance with its Rules of Arbitration. You agree to provide New Capital with the opportunity to resolve any claims by contacting us as set forth in subsection 20.1. above. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through the Vilnius Court of Commercial Arbitration, in the Republic of Lithuania.

21. MISCELLANEOUS:

21.1. INDEPENDENT PARTIES

New Capital is an independent contractor and not an agent of You in the performance of these Terms. These Terms are not to be interpreted as evidence of an association, joint venture, partnership or franchise between the parties.

21.2. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties regarding use of the Services and will supersede all prior agreements between the parties whether, written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement or alter the terms of these Terms.

21.3. FORCE MAJEURE

New Capital will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond New Capital’s reasonable control.

21.4. SEVERABILITY

If any portion of these Terms are held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.

21.5. ASSIGNMENT

You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. New Capital may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice and without obtaining your consent or approval.

21.6. WAIVER

The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

21.7. THIRD-PARTY WEBSITE DISCLAIMER

Any links to third-party websites from the Services does not imply endorsement by New Capital of any products, services or information presented therein, nor does New Capital guarantee the accuracy of the information contained on them. In addition, since New Capital has no control over the terms of use or privacy practices of third-party websites, you should read and understand those policies carefully.

21.8. CONTACT INFORMATION

For more information regarding the New Capital Exchange, you can refer to the website https://new.capital/. If you have questions regarding this agreement, please feel free to contact New Capital for clarification via email: exchange at new dot capital or https://discord.gg/bcJ6qZc .

I HEREBY CONFIRM THAT I HAVE READ THE WHOLE TEXT OF THESE TERMS, I FULLY UNDERSTAND THESE TERMS, HAVE NO OBJECTIONS, AND AGREE TO COMPLY WITH THESE TERMS IN ALL THEIR ASPECTS.

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