Terms of Use

1. Common provisions (parties)

These Terms of Use constitute an electronic agreement between You (hereinafter the “User”, “Customer”, or “you”/”yours”) and Zafiro International Ltd. [the operator of NC Wallet digital asset wallet and further also referred to as “NC Wallet”] – a company registered in Hong Кong (hereinafter the “Zafiro” or the “Company") that applies to the User's use of this website, NC Wallet mobile applications, and any services, products, and content provided by Zafiro. These Terms of Use set forth the terms and conditions which will govern the Customer’s use of Zafiro Services, as defined below.

“Zafiro” refers to Zafiro International Ltd., including but not limited to, its owners, directors, investors, officers, employees, agents, or other related parties, unless otherwise provided herein.

These Terms of Use contain important provisions, which the User must consider carefully when choosing whether to visit the Website and use the services, products, and content of Zafiro. Please, read these Terms of Use carefully before agreeing to them. The User is solely responsible for understanding and complying with any laws, rules, and regulations of his/her specific jurisdiction that may apply to the User in connection with the use of any services, products, and content of Zafiro.

The Terms of Use shall come into effect on the date when both parties sign these Terms of Use, affirmatively accept the Terms of Use in writing or electronically, or otherwise (create an account, etc) use NC Wallet.

IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS WEBSITE AND SHALL NOT USE ANY OF NC WALLET’S SERVICES, PRODUCTS, AND CONTENT.

2. Purpose and Overview of Services

NC Wallet provides an online Digital currency (asset) trading platform for Digital Currency. Wallet service provides convenient and secure storage of cryptocurrency. Using the wallet service does not require special knowledge or specialized equipment. NC Wallet provides the User with the ability to pay for goods and services using cryptocurrency or accept cryptocurrency for any goods or services.

Zafiro strives to maintain the accuracy of the information on the Website (Platform) and/or given while providing the Services, however, Company cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance, or fitness for any purpose of the content made available through the Website (Platform), 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 can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. Zafiro does not provide investment or advisory advice and will have no liability for the use or interpretation of information. NC Wallet is obliged to purchase the Platform’s Internal Stablecoin(s) at the fixed price from the User while the User's withdrawal operation(s) (within existing withdrawal options).

“Order” means the User's offer on the NC Wallet’s platform (NC Wallet’s software) to buy or sell Digital currency on certain conditions.

“Platform” means an appropriate environment (including software), created and/or operated by the NC Wallet, which allows to trade Digital currencies and/or to provide other Services.

“Rollover fee” means an estimated fee that is charged by NC Wallet from the User’s balance to rollover a position for the next 4 hours.

“Seller” means the User who submits an Order to sell Digital currencies through the Platform (NC Wallet’s software) and/or the User whose Order is accepted by the Buyer depending on the context.

“Services” means all and any service provided by NC Wallet.

“Storage fee” means a fee, charged for Storage service.

“Storage Service” means service, provided by NC Wallet, which includes storing/keeping of balances from the abandoned Accounts (Accounts not used during the period twelve (12) months or more), and/or balances in no longer supported (including delisted) Digital currencies.

“Swap” means a non-custodial cryptocurrency exchange that is located inside an NC Wallet blockchain wallet. Swap allows Users to quickly and easily exchange one cryptocurrency for another without having to leave the blockchain wallet at all.

“Trade” means a process when the User places the order on the exchange it is matched against the exchange order book with Binance or Kraken liquidity.

“Transaction fee” means a fee that is payable to NC Wallet for each completed Transaction.

“Transaction Price” means the total price paid by the Buyer concerning each Transaction performed via the Service.

“Transaction” means (i) transfer of Cryptocurrencies by the User to his/her Account (“Deposit Transaction”); (ii) transfer of Cryptocurrencies among the Users (“Trading Transaction”), (iii) withdrawal of Cryptocurrencies from his/her Account (“Withdrawal Transaction”).

“User” means a person or an entity that uses the Services, agrees to follow the Terms of Use, and is a holder of an Account.

“Voucher” means an alphanumeric redeemable code, which can be used to transfer Digital currency between Accounts.

“Website or Site” means NC Wallet’s website at https://ncwallet.net

“Withdrawal” means a Transaction involving a transfer of cryptocurrency from the User’s Account to an address in the blockchain specified by the User.

3. Eligibility and Prohibition of use

By registering an account, the User expressly represents and warrants that he/she:

1. follows the rules and laws in his/her country of residence and/or country from which he/she accesses this Website, Platform, and the Services;

2. has accepted these Terms of Use;

3. is at least 18 years old and has the right to accept these Terms of Use and use the Services;

4. has not previously been suspended or removed from using our Services;

5. does not currently have an existing NC Wallet account;

6. will strictly observe the security, authentication, dealing, charging, withdrawal mechanism, or procedures of the website/service.

User represents and warrants that he/she has all the necessary rights and authority to bind such legal entity.

NC Wallet maintains the right to select its markets and jurisdictions to operate and may restrict or deny the Services in certain countries at its discretion. Depending on the User’s place of residence (and/or other legal facts), the User may not be able to use all the functions of the Website. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Website. The User must understand that the technical possibility to use the appropriate Services on the Platform (NC Wallet’s software) doesn’t mean that such use is legal for him/her. The User is solely responsible for understanding and complying with any laws, rules, and regulations of his/her specific jurisdiction that may apply to the User in connection with the use of any services, products, and content of Zafiro.

4. Our Services

The Company will engage in virtual currency transactions with the User according to the terms and conditions provided for in these Terms of Use.

Under these Terms of Use:

1. NC Wallet provides an online Digital currency (asset) trading platform for Digital Currency.

2. NC Wallet is a virtual currency wallet that enables Users to receive, store, send, and exchange virtual currencies.

3. NC Wallet provides access to the trading platform where User can exchange one virtual currency for another virtual currency;

4. NC Wallet functions as a trading platform provider and not as a buyer or seller in trades made between Users, Sellers, Buyers. The User acknowledges and agrees that, when completing trading transactions, he/she is trading with other Users, and that NC Wallet acts only as a provider of technical services (the Platform and/or NC Wallet’s software) in such transactions, not as the counterparty to any trade.

5. NC Wallet provides access to any third-party information services provider(s) with the view of entering into transactions with virtual currencies offered by the Company.

6. NC Wallet doesn’t provide any services with fiat currencies. Despite this, NC Wallet reserves the right to offer fiat currency services provided by third parties (NC Wallet’s partners).

User acknowledges and accepts that NC Wallet is not a bank account, and virtual currencies stored in User’s NC Wallet will not earn any interest unless otherwise specified (for example, crypto rewards within promo campaigns). Users can store different virtual currencies in NC Wallet. We reserve the right to add or remove any virtual currency from the list of virtual currencies supported by NC Wallet. The User also acknowledges and accepts that the Company may, at its sole discretion change, add, or rename Services provided hereunder by notifying the User as provided in these Terms of Use. As a general rule, any addition to, modification, and renaming of the services shall come into effect after one business day from the date of notice given to the User.

5. Company Rights and Obligations

1. Zafiro has the right to suspend the User’s Account and block all Cryptocurrency contained therein in case of non-fulfillment or unduly fulfillment of the Terms of Use by the User.

2. To the extent permitted by law, Company is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use of NC Wallet.

3. Company undertakes to provide the Services with the utmost effort, due care, and by these Terms of Use.

4. Zafiro’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the NC Wallet User, Company’s responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.

5. Company is not responsible for any malfunction, breakdown, delay, or interruption of the Internet connection or any reason why our Website is unavailable at any given time.

6. Company is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.

7. In the case of fraud, Company undertakes to report all the necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating fraud or any other illegal activity.

8. All buy and sell orders made on the Platform, will be managed anonymously so that Buyers and Sellers are not acquainted with each other. The exchange (transaction) price is calculated based on actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable fees.

9. Company represents and warrants that once the orders to buy or sell Digital currencies match, such orders may not be canceled or reversed. It holds all Digital currencies acquired by each User in his/her Account and on the respective User's behalf.

10. Company reserves the right to cancel orders/trades made by mistake (in particular if the price of the order/trade due to mistake is very different from the market price, orders/trades made due to lags of User’s equipment/software, etc.)

11. The cancelation can be made based on the request of the interested User and/or the decision of Company and only if an appropriate technical possibility exists in case the mistake made is absolutely obvious. This right couldn’t be considered as an obligation and/or a guarantee of the Company.

12. No communication or information provided to the User by NC Wallet is intended as or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. The user is solely responsible for determining whether any investment, investment strategy, or related transaction is appropriate for him/her based on his/her personal investment objectives, financial circumstances, and risk tolerance. Users should consult legal or tax professionals regarding specific situations. NC Wallet does not recommend that any Digital Currency should be bought, earned, sold, or held. Before deciding to buy, sell or hold any Digital Currency, the User should conduct his/her due diligence, study documents (terms and conditions, white paper, etc.) related to Digital currency, and consult financial advisors before making any investment decision. NC Wallet will not be held responsible for the decisions the User makes to buy, sell, or hold Digital Currency based on the information provided by NC Wallet.

13. Nothing in these terms excludes or limits the responsibility of Zafiro for fraud, death, or personal injury caused by their negligence, breach of the terms implied by operation of the law, or any other liability which may not be limited or excluded by law.

6. User’s Rights and Obligations

1. The User has the right to enter and use the Site and the Services, as long as she/he agrees to and complies with the Terms of Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.

2. The User undertakes to read the entire Terms of Use carefully before using the Site or any of the services provided by Zafiro.

3. The User undertakes to comply with any applicable laws and regulations related to the use of the Services.

4. The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.

5. The User undertakes to immediately (i.e. right after the moment of discovery) inform the Company about any unusual, suspicious, unclear, or abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Use and Zafiro will have the right to take any further steps accordingly, including but not limited to reporting to the relevant state or national authorities.

6. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf.

7. The User has to notify NC Wallet immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to [email protected]. Any User who violates the mentioned rules may be terminated and thereafter held liable for any losses incurred by Zafiro or any user of the Site.

8. The User undertakes not to use the Service to perform criminal and/or not the legal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.

9. The User is responsible for any damages caused, and all liability actions brought against Zafiro for infringement of any third-party rights or violation of any applicable laws.

10. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death, or personal injury caused by their negligence, breach of the terms implied by operation of law, or any other liability which may not be limited or excluded by law.

11. Users are solely responsible for determining whether any contemplated transaction is appropriate for them based on their personal goals, financial status, and risk willingness.

12. By registering an account, the account expressly represents and warrants that he/she: follows the rules and laws in his/her country of residence and/or country from which he/she accesses this Site and Services; has accepted these Terms of Use; is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving digital currencies.

13. The User represents and warrants that he/she will only use the Platform to perform transactions by the conditions outlined in these Terms and that they are duly authorized and can enter into the transactions on the Platform.

14. The User understands that his data may be shared due to legal obligations etc. It may be used according to our Privacy policy.

15. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of NC Wallet Services and should be paid according to the User’s state of residence regulations. The Company is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties. The User has to refrain from transactions on the Platform related to tax offenses and/or violations.

7. Security

1. The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, balance, and of all activity including Transactions made through the Account.

2. NC Wallet personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the NC Wallet Site, should be reported to NC Wallet. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).

3. It is advisable to change the User’s password regularly (at least every three (3) to six (6) months) to reduce the risk of a security breach about the Account. NC Wallet also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.

4. If the User has any security concerns about his/her Account, login details, password, or other security feature being lost, stolen, misappropriated, used without authorization, or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay in becoming aware of any loss, theft, misappropriation, or unauthorized use of the Account, login details, password, or other security features. Any undue delay in notifying NC Wallet may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.

5. The User must take reasonable care to ensure that his/her email account(s) are secure and only accessed by the User, as his/her email address may be used to reset passwords or to communicate with the User about the security of the Account. NC Wallet cannot be liable for the breach of an email account resulting in an unauthorized Transaction to be executed with the proper confirmation. In case any of the email addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her email service provider.

6. Irrespective of whether the User is using a public, a shared, or his/her computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.

7. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.

8. Two-factor authentication must be enabled to make any Withdrawal Transactions.

8. Risk Disclosure

1. Any statements made on Platform, in NC Wallet’s software, or the information provided by NC Wallet do not constitute investment advice.

2. NC Wallet is not liable for any errors or omissions or oversights.

3. Users are not entitled to a refund at any time or for any reason.

4. The Digital Assets market is a dynamic area and the respective prices are often highly unpredictable and volatile. The User should not deal with these or similar products unless the User understands their nature and the extent of risk exposure. The User should also be sure that the product is suitable for him\her in light of circumstances and financial position. Besides, the use of the Platform and our Services can never be considered as a safe investment but only an investment with a high risk of loss inherently associated with it. The value of Digital Assets may drop significantly in the future. The market for Digital Assets is still new and uncertain. No one should have funds invested in Digital Assets or speculate in Digital Assets that he/she is not prepared to lose entirely.

5. Whether the market for one or more Digital Assets will move up or down, or whether a particular Digital Asset will lose all or substantially all of its value, is unknown. Participants should be cautious about holding Digital Assets.

6. There are risks associated with utilizing an internet-based platform including, but not limited to, the failure of hardware, Services software, and internet connections. The User acknowledges that NC Wallet shall not be responsible for any communication failures, disruptions, errors, distortions, or delays the User may experience when using the services.

7. Hackers or other groups or organizations may attempt to steal User’s Digital Assets or revenue from transactions.

8. The Software rests on open-source software, and there is a risk that some weaknesses or bugs may be introduced into infrastructural elements of the Platform causing the loss of the Digital Assets stored in one or more Wallets.

9. The blockchain used for the Services software is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attack presents a risk to the Software, expected proper execution and sequencing of the transactions, and expected proper execution and sequencing of computations.

10. Digital Assets transactions are irrevocable and stolen or incorrectly transferred Digital Assets may be irretrievable. As a result, any incorrectly executed Transaction could adversely affect the value of the User’s Wallet. Once a transaction has been verified and recorded in a block that is added to the blockchain, an incorrect transfer of Digital Assets or a theft of Digital Assets generally will not be reversible and there may be no compensation for any such transfer or theft.

11. The risk information presented here does not reflect all of the risks or other important aspects of the User’s transactions via the Services (including related to the nature and performance of any products available on the Platform). Therefore, before starting to use the Services, the User should learn the specifics of such transactions and possible underlying assets in detail or seek further professional advice. Please consider these risks carefully and seek professional advice if anything in this section or the general is not clear to the User. Do not use the Services until the User is sure that he\she correctly understands all the associated risks.

12. Markets for Digital Assets have varying degrees of liquidity. Some are quite liquid while others may be thinner. Thin markets can amplify volatility. There is never a guarantee that there will be an active market for one to sell, buy, or trade Digital Assets or products derived from or ancillary to them. Furthermore, any market for tokens may abruptly appear and vanish. NC Wallet makes no representations or warranties about whether a Digital Asset may be traded on the Site at any point in the future, if at all. Any Digital Asset is subject to delisting without notice or consent. Values in any digital asset marketplace are volatile and can shift quickly. Participants in any Digital Assets market are warned that they should pay close attention to their position and holdings, and how they may be impacted by sudden and adverse shifts in trading and other market activities.

13. The legal status of certain Digital Assets may be uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how one or more Digital Assets constitute the property, or assets, or rights of any kind may also seem unclear.

14. Participants are responsible for knowing and understanding how Digital Assets will be addressed, regulated, and taxed under applicable law.

15. When the User finances a purchase or sale of Digital Assets on a peer-to-peer basis, the User runs the risk of losing his\her provided financing. Similarly, when the User accepts financing to enter a trading agreement, the User accepts the risk of not being able to repay that financing (e.g., if the market price of the Digital Asset the User purchased with the financing falls). Participants should know all of the terms of any contracts they enter and how their trading strategies and other market and risk factors can affect their financing obligations.

16. Before buying, trading Digital Asset (including initial offering) User has to read (study) carefully and to understand the documents related to such Digital asset (e.g. terms and conditions, white paper, road map, etc.).

9. Verification

1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for some types of transactions. If the User refuses to provide required documents and information under KYC, NC Wallet reserves the right to immediately terminate the Services provision to the User.

2. The User undertakes to provide NC Wallet with the correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behavior will be interpreted as a fraudulent activity.

3. The User hereby authorizes NC Wallet to directly or indirectly (through third parties) make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly the necessary and with security measures in use to protect the data following internal AML procedures.

4. The NC Wallet will freeze suspicious of fraud asset(s)/account(s) and/or will cancel suspicious of fraud operation(s) and/or will transfer stolen funds to the proper owner only based on the final resolution in written of the appropriate competent authorities (courts etc.) or based on the NC Wallet’s internal AML procedures. For more information, follow the link https://ncwallet.net/aml.

10. Illegal Transactions

1. NC Wallet reserves the right to suspend or terminate your NC Wallet Account at any time if we reasonably believe to be required to do so by the law or to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.

2. It is strictly forbidden to use the Account for any illegal purposes. NC Wallet will report any suspicious activity to the relevant law enforcement.

3. The User shall ensure that they do not use the Services for the transactions relating to: - market price manipulation; - money laundering, terrorist financing, the proliferation of weapons of mass destruction; - human trafficking; - any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity; - any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights, or other rights of any person; - archaeological findings; - drugs, narcotics, or hallucinogens; - weapons of any kind; - illegal investments; - Ponzi, pyramid or any other “get rich quick” schemes; - goods that are subject to any trade embargo; - media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors; - body parts or human remains; - protected animals or protected plants; - weapons or explosive materials; or - any other illegal goods, services, or transactions.

11. Fees

1. The User agrees to pay NC Wallet the Transaction in case it applies to complete Transaction.

2. Before make the transaction, the User must consider the Transaction fee rates in NC Wallet. However, NC Wallet reserves the right to change the Transaction fee rates from time to time.

3. The Transaction fee amount is automatically charged off in the currency indicated after the symbol “/” in the trading pair after the relevant Transaction. Thus, for BTC/USD the fee is charged in USD; for ETH/BTC the fee is charged in BTC.

4. The Transaction fee is charged according to the Rounding policy.

5. Minimum and maximum price, as well as minimum and maximum order amount, vary for each trading pair and can be seen on the Trade Page when placing an order.

6. For specific types of orders, the Transaction fee may differ. The Transaction fee rate shall be disclosed before the order execution.

7. The Transaction fee, other charges, as well as the charging procedure can be changed/reviewed unilaterally by NC Wallet from time to time and such changes shall become effective the moment they are updated in NC Wallet.

12. Rounding Policy

1. For all financial calculations, NC Wallet uses the rounding policy in the favour of the Platform. The Rounding policy for cryptocurrencies varies depending on cryptocurrency.

2. For the processes optimization, transactions on the Platform concerning some items (including, but not limited to currencies, cryptocurrencies, tokens, etc.) will not be reflected at the User’s Account and will appear as soon as a unit is whole by the rounding standards.

13. Fraud

1. User has to report fraud, related to certain operation(s)/asset(s)/account(s) to the NC Wallet’s legal department [email protected]. A fraud report has to be made from the User’s email bound with his verified account to authenticate the User's identity. Additional verification of the User’s identity may be requested by NC Wallet.

2. If convincing evidence(s) of fraud is(are) provided, the appropriate operation(s)/ asset(s)/ account(s) is(are) considered suspicious of fraud.

14. Warranty and Disclaimer

1. The information, products, and services included in or available through the Website and/or NC Wallet are continually upgraded and updated. While the Company will use commercially reasonable efforts to verify the accuracy of any information it places on the Website and/or NC Wallet, the Company does not warrant or represent that such information, products, and services are reliable, accurate, complete, uninterrupted, error-free, secure or free of defects, viruses or bugs.

2. The Website/NC Wallet is provided “as is” and “as available” with no representation or warranty of any kind and the User’s use of the Website is entirely at his/her own risk. The Company expressly disclaims any warranty, express or implied, regarding the Website/NC Wallet including, but not limited to, any implied warranties of merchantability, satisfactory purpose, fitness for a particular purpose, non-infringement, title, compatibility, security, and accuracy. In jurisdictions where the exclusion of warranty is prohibited, such exclusions shall only apply to the extent permitted.

3. The Company does not warrant, endorse, guarantee or assume responsibility for any information, product or service provided, advertised or offered by a third party through the Website or any third-party website and the Company will not be a party to or in any way monitor any transaction between the User and any third party website. We expressly disclaim all liability for personally identifiable information that may be provided by any social media services in violation of the privacy settings that the User has set in such social media accounts.

4. The User acknowledges and agrees that any reliance on the information and other materials included on the Website/NC Wallet shall be at the User’s sole risk and responsibility. The Company reserves the right, at its sole and absolute discretion, to correct any errors or omissions in any part of the Website/NC Wallet and to make changes to the services, materials, products, programs, and features included therein at any time with or without notice.

15. Limitation of Liability

In no event shall NC Wallet, its officers, directors, employees, agents, and all third party service providers be liable to the User or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from (i) accuracy, completeness or content of this site, (ii) accuracy, completeness or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any User content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, “x-rated”, obscene or otherwise objectionable and/ or (x) any loss or damage of any kind incurred as a result of the User's use of this site or the services found at this site, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not NC Wallet is advised of the possibility of such damages. Besides, the User specifically acknowledges and agrees that in no event shall NC Wallet’s total aggregate liability exceed the total amount paid by the User for the particular services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or the User's use of this site or the services found at this site.

16. Indemnification

The User agrees to protect, defend, indemnify and hold harmless NC Wallet and its officers, directors, employees, agents, and third-party service providers from and against any claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by NC Wallet directly or indirectly arising from (i) the User’s use of and access to this Site or the Services found at this Site; (ii) the User’s violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of this Site or the Services found on this Site.

17. Termination

1. The User may terminate the Terms of Use and close their Account at any time, following the settlement of any pending transactions and paying all due fees.

2. The User also agrees that NC Wallet may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to limit, suspend or terminate the service and the Users' Accounts, prohibit access to the Site and its content, services, and tools, delay or remove hosted content and take technical and legal steps to keep the User off the Site if we think that he/she or his/her activity/deeds linked to illegal activity, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may in appropriate circumstances and at our discretion, suspend or terminate Account of User for the following reasons: (1) attempts to gain unauthorized access to the Site or another User's account or assisting in others' attempting to do so, (2) overcoming software security features limiting the use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for transactions and/or Services, (6) unexpected operational difficulties, (7) upon the request of law enforcement or other government agencies if deemed to be legitimate and compelling by NC Wallet, acting at its sole discretion.

3. NC Wallet also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that NC Wallet will not be liable to them or any third party for termination of their Account or access to the Site.

4. The suspension of the Account shall not affect the payment of the fees due for past transactions. Upon termination, the User shall provide valid account details or Digital currency address to allow the transfer of any currencies deposited to his/her Account. NC Wallet shall transfer the currencies as soon as possible following the User's request in the time frames specified by NC Wallet. If an account is suspended because of detection of illegal or criminal activity transfer may be delayed for the time necessary for an appropriate investigation of an appropriate authority.

18. Services availability

1. All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.

2. NC Wallet will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and NC Wallet is not liable for any disruption or loss the User may suffer as a result. Thus, NC Wallet does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information.

3. NC Wallet will use reasonable efforts to ensure that the User can normally access the Site by the Terms of Use. NC Wallet may suspend the use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.

19. API, Widgets, and Mobile Applications

1. To ensure the stability of the Platform API requests may be reasonably limited by NC Wallet at our discretion. If this limit is exceeded, it may result in the ban for a reasonable time.

2. NC Wallet may provide mobile applications (e.g. “mobile apps”), which can be used to get access to the Account. The use of these mobile apps is subject to these Terms of Use.

3. NC Wallet may provide widgets for the User’s use. The User is free to use widgets in their original unmodified and unaltered state.

20. Notices, Announcements, and Communication

1. NC Wallet reserves the right to send notices to and communicate with the User by any means of communication available to NC Wallet, considering the contact details provided by the User.

2. The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Use.

3. The official information channel of NC Wallet is the Website. Nevertheless, any recommendation and/or trade idea (even on the official channel of NC Wallet) don’t have a status of official recommendation and/or trade idea of NC Wallet.

4. All official announcements, news, promotions, competitions, and airdrops will be posted on our Website.

5. NC Wallet will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.

6. NC Wallet may provide information related to different Digital Assets on this Site, but NC Wallet does not endorse, evaluate, approve or certify such information, nor does it guarantee the accuracy, completeness, efficacy, authenticity, or timeliness of such information. User shall use information from official websites of Digital Assets and/or from other sources and shall check accuracy, completeness, efficacy, authenticity, and timeliness of such information by himself or applying to appropriate consultants. Besides, the User shall not use the NC Wallet’s Website to get an address of the official website, related to any Digital Asset.

21. Affiliate Program

1. NC Wallet offers its users the opportunity to become Affiliates and get paid by inviting new users (Referrals) to use NC Wallet.

2. To participate in the Affiliate Program (Program), you will be provided with unique URL links ("Personal Links") that you share with Referrals. Using them, Referrals will join your network and qualify as your Referrals.

3. As a condition of use of the NC Wallet Affiliate Program, you promise not to create multiple accounts in NC Wallet Products and Services with the purpose of adding them to your network and encountering profit from them.

4. Affiliates receive Affiliate Rewards for all eligible Referrals with a non-zero balance. The default Affiliate Reward rate is 1% annually. Affiliate Rewards are accrued daily. Daily Affiliate Rewards are calculated as the minimum daily balance of each Referral multiplied by the daily Affiliate Reward rate. The Affiliate Reward amount, as well as accrual conditions, are subject to change. Unless otherwise specified, changes become effective for you after the updated version of these Terms goes into effect.

5. By using NC Wallet you represent and warrant that you shall:

• Not promote NC Wallet on sites containing unlawful, hateful, abusive or pornographic content.
• Not create multiple accounts to add them to your network.
• Not spread unlawful, hateful, abusive or pornographic content to grab the attention of the potential Referrals.
• Not spread misinformation about NC Wallet, its products and services.
• Not transfer your accounts to any third parties.

6. If the Terms specified herein are violated in any manner, we reserve the right not to pay the rewards (to prohibit the access and further use of the existing Affiliate rewards in NC Wallet and reclaim any rewards already paid) and the right to terminate and suspend the Affiliate’s account in NC Wallet.

22. Applicable Law and Jurisdiction

By accessing this site, you agree that the laws of Hong Кong apply to all matters pertaining to the site’s use and services offered herein. You also agree that the Courts of Hong Кong have exclusive jurisdiction over such matters. Should any of the Terms and Conditions become unenforceable, it shall be considered as replaced by one deemed appropriate to stand as enforceable or by provision of the law, which is closest to the intention of the parties. This agreement does not replace or amend any other contracts and agreements you have with NC Wallet.

23. Modifications and Amendments

NC Wallet reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis concerning any activity initiated after publishing. If the User does not agree with any such modification, the User's sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that NC Wallet shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.

24. Force Majeure

If NC Wallet is unable to perform the Services outlined in the Terms of Use due to the factors beyond its control including but not limited to the event of Force Majeure, change of law, or change in sanctions policy, NC Wallet will not have any responsibility to the User concerning the Services provided hereunder and for a time period coincident with the event.

25. Contact Us

If You have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account, or any other matter, please, contact us via email, mentioned on the Website.

Hong Kong

9/F, Unit D, Neich Tower, 128 Gloucester Road, Wanchai

[email protected]