DigitalCap FX

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Terms of use

Effective Date: 1 JULY 2024
Last Updated:  11th JULY 2024.

Welcome to Digital Cap FX Ltd (“we,” “our,” “us”). These Terms of Use (“Terms”) govern your access to and use of our services, including our website, mobile applications, and any other related platforms (collectively referred to as “Services”). By accessing or using any part of our Services, you agree to be bound by these Terms and all applicable laws and regulations. These Terms of Use form a legally binding agreement between Digital Cap FX Ltd and any user or entity (“you,” “your,” or “user”) who accesses, registers for, or uses our Services. Please read these Terms carefully before accessing or using the Services. If you do not agree to these Terms, you must refrain from using the Services.

  1. Overview of Services and Scope
Digital Cap FX Ltd is an Ontario-based company engaged in the provision of cross-border digital remittance and related financial services, including cryptocurrency services. Our platform facilitates the efficient transfer of funds for remittances and cryptocurrency transactions. However, it is important to note that Digital Cap FX Ltd does not directly handle the settlement or management of remittance funds or cryptocurrency. We rely on third-party payment partners (such as financial institutions, banks, and payment processors) to process and settle all transactions. Our role is to enable users to initiate transactions through our platform, but the final settlement of funds is completed by our third-party partners. Our Services include, but are not limited to:
  • Cross-border remittance services for individuals and businesses, ensuring secure and cost-effective fund transfers.
  • Cryptocurrency-related services, including the facilitation of transactions in digital currencies such as USDT, with support for real-time market exchange rates.
  • Currency conversion services, allowing users to convert fiat and cryptocurrency seamlessly based on market rates.
These Services are offered in compliance with Canadian laws and international remittance regulations.

  1. Acceptance of Terms
By accessing or using our Services, you confirm that:
  • You have the legal capacity and authority to enter into these Terms.
  • You are not restricted or barred from using the Services under any applicable law, regulation, or sanction.
  • You agree to use the Services only for lawful purposes and in accordance with these Terms.
If you do not meet these criteria or disagree with these Terms, you may not use our Services.

  1. User Registration, Eligibility, and Account Security
To use the full features of our Services, you must create an account. You agree to provide accurate and complete information when registering and agree to maintain and promptly update your account information to ensure it remains accurate and up to date.
  • Eligibility: To register for an account, you must be of legal age and capacity in your jurisdiction. Users must also comply with all anti-money laundering (AML) and know-your-customer (KYC) requirements as applicable.
  • Account Responsibility: You are responsible for maintaining the security and confidentiality of your account credentials, including your password and other authentication methods.
  • Unauthorized Access: You agree to notify us immediately if you suspect any unauthorized access to or use of your account. Digital Cap FX Ltd is not responsible for any loss or damage resulting from unauthorized access caused by your failure to secure your account.

  1. Reliance on Third-Party Payment Partners
Digital Cap FX Ltd acts as an intermediary, facilitating remittance and cryptocurrency transactions. We do not settle or directly process payments. Instead, all settlements are handled by our Duly licensed Strategic third-party payment partners, including financial institutions, banks, and payment processors.
  • Settlement Process: While we enable users to initiate transactions on our platform, final settlements of funds are executed by our trusted partners. We do not manage or control the settlement timeline, which may vary depending on the payment partner and jurisdiction.
  • Limitation of Responsibility: Our liability is limited to ensuring that transactions initiated on our platform are transferred to the designated payment partner. We do not accept liability for any delays, errors, or issues arising from the settlement process that are outside of our control.

  1. Service Use Guidelines and Prohibited Activities
By using our Services, you agree to adhere to the following guidelines:
  • Lawful Use Only: You may not use the Services for any illegal activities, including money laundering, fraud, or terrorist financing.
  • Prohibited Uses: You agree not to engage in any of the following activities:
    • Sending or receiving funds derived from illegal activities.
    • Using the Services for fraudulent purposes or attempting to deceive other users.
    • Interfering with the security or integrity of our systems.
    • Circumventing any controls or restrictions implemented by Digital Cap FX Ltd.
Violation of these guidelines may result in the suspension or termination of your account, as well as legal action as appropriate.

  1. Fees, Currency Conversion, and Cryptocurrency Transactions
Our Services may involve fees for remittance services, currency conversion, and cryptocurrency transactions. These fees will be clearly displayed at the time of the transaction.
  • Remittance Fees: Transaction fees for remittance services will vary based on the destination country, currency, and other factors. Users will be informed of applicable fees before confirming their transaction.
  • Currency Conversion: We provide real-time exchange rates for currency conversions. You agree to the rates and fees presented at the time of the transaction. Exchange rates may fluctuate, and Digital Cap FX Ltd is not liable for any losses related to such fluctuations.
  • Cryptocurrency Transactions: For cryptocurrency-related services, users may initiate transactions in supported digital currencies such as USDT. Our platform enables real-time conversion of fiat to cryptocurrency, and fees will be applied based on market rates at the time of transaction.
Once confirmed, transactions are final and cannot be reversed unless required by law.

  1. Transaction Limits, Verification, and Compliance
As part of our commitment to complying with applicable regulations, including FINTRAC (Financial Transactions and Reports Analysis Centre of Canada) guidelines, we implement transaction limits and verification processes.
  • Transaction Limits: We may impose daily, weekly, or monthly transaction limits based on factors such as your verification status, account history, and regulatory requirements.
  • Verification Requirements: You agree to comply with all requests for identification and verification as part of our KYC and AML protocols. Failure to comply with verification requests may result in delayed or canceled transactions.

  1. Data Privacy, Security, and Data Subject Rights
We are committed to protecting your personal data in accordance with Canadian privacy laws (including PIPEDA). By using our Services, you consent to the collection, use, and processing of your personal data as outlined in our Privacy Policy.
  • Data Storage: All personal data is stored in Canada or U.S.-based data centers. We implement strong encryption, security protocols, and regular audits to protect your information.
  • Data Subject Rights: As a user, you have the right to:
    • Access your personal data and request copies.
    • Request the correction or deletion of inaccurate or outdated information.
    • Restrict processing of your data in certain circumstances.
    • Data portability, allowing you to transfer your data to another service provider in a structured format.
For any inquiries related to data privacy, users can contact our Data Protection Officer at [privacy@digitalcapfx.com].

  1. Role-Based Access Control and Security
Digital Cap FX Ltd utilizes role-based access control (RBAC) to ensure only authorized personnel have access to sensitive data and system functionalities. This ensures that:
  • Minimal Access Principle: Only employees or service providers with explicit permissions can access data relevant to their role.
  • Regular Audits: We conduct security audits and monitor access to our systems to safeguard against unauthorized access or data breaches.

  1. Intellectual Property Rights
All intellectual property related to our platform, including logos, trademarks, software, and content, is owned by Digital Cap FX Ltd or its licensors. You may not use or replicate any of our intellectual property without prior written consent.

  1. Limitation of Liability
Digital Cap FX Ltd shall not be held liable for any indirect, incidental, or consequential damages resulting from your use of the Services. This includes, but is not limited to, loss of profits, data, or goodwill. In no event shall our total liability exceed the fees paid by you to Digital Cap FX Ltd in the 12-month period prior to the incident giving rise to the claim.

  1. Dispute Resolution and Governing Law
Any disputes arising out of these Terms or your use of the Services will be resolved through binding arbitration in Ontario, Canada. You agree to waive any right to participate in class actions or class arbitrations. These Terms are governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles.

  1. Amendments and Modifications
We may amend or update these Terms at our discretion. Any material changes will be posted on our website, and continued use of the Services signifies acceptance of the updated Terms.

  1. Contact Information
For any questions, concerns, or further clarifications regarding these Terms or our Services, please contact us at: Digital Cap FX Ltd. Address: Unit 64 Oakville, Ontario, L6M0L6 Canada. Email: contact@digitalcapfx.com. By using Digital Cap FX Ltd’s Services, you agree to these Terms of Use, which form the basis of your legal relationship with us.
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