Terms and Conditions of the Use of the Website and CornuEx Exchange
(hereinafter CornuEx or Website)
- These Terms set out the legally binding agreement between CornuEx ("We" or "CornuEx") and each person who makes use of this website for any purpose whatsoever ("You" or "Your").
- By opening a CornuEx account You unconditionally accept the Terms hereof and acknowledge that it is Your responsibility to ensure that You comply therewith and with all the laws and regulations applicable to the use of Your CornuEx account be it South African law and/or other legal jurisdiction You may reside in or trade from.
- Only one account is allowed per person.
ELIGIBILITY FOR ACCOUNT
By opening a CornuEx account you warrant and represent that:
- You are a natural person.
- You are 18 years of age or older.
- That by implication of your age You have the required capacity to accept the CornuEx Terms and enter into binding transactions on the CornuEx exchange.
- Any information that You provide to open Your CornuEx account is true, accurate and correct.
- Your use of this website is subject to the unconditional acceptance, without modification, of the terms including notices published on this website and which by use of this website constitutes Your agreement to all such Terms.
AMENDMENT OF TERMS
- CornuEx reserves the right, in its sole discretion to modify, alter or update these Terms at any time.
- Any modification, alteration or updates shall be effective immediately upon being uploaded and/or posted as the case may be, unless indicated otherwise.
- You will be notified of any modification, alteration or update to the Terms via your profile, it will remain Your responsibility to familiarise Yourself with the new Terms.
- By using this website after CornuEx has posted notices or uploaded such modification, alterations or updates You agree to be bound by such revised Terms.
- Should You however not agree to the new Terms you are required to immediately close Your account.
- The fees and prices charged by CornuEx are subject to regular review and any fee/price changes resulting from this review will take effect immediately without prior notice.
By registering a CornuEx account you acknowledge and accept that you do so at your own risk and further accept the highlighted risks below:
- That you are aware of the high and inherent risk contained in purchasing, selling or trading cryptocurrencies;
- Cryptocurrencies and the markets/exchanges they are traded on can be extremely volatile by nature and as such carry significant risk of financial loss.
Other risks associated with cryptocurrencies include, but are not limited to:
- Largely unregulated by government;
- Future regulation by government may negatively affect Your use of CornuEx exchange;
- Not being accepted as legal tender;
- Transactions, once made, are final and irreversible;
- Hacking or unauthorised access and use of accounts;
- Cyber-attacks including but not limited to Spoofing, phishing, computer viruses, Trojan horses, worms, malware, spyware, scareware, or other measures that may compromise the security of your computer or smart device.
- No transaction should be entered into with regards to cryptocurrencies or Fiat currencies not supported by CornuEx, and any such transaction(s) resulting in loss is for Your own account and CornuEx will not be held liable. Should any currency be transferred to in the incorrect address, and result in loss to You, it is your own responsibility and CornuEx is not responsible.
- The CornuEx wallet allows You to send, received and store cryptocurrencies that are supported by the CornuEx exchange.
- CornuEx may add additional cryptocurrencies to its list of supported currencies or remove cryptocurrencies from its list of supported currencies, from time to time as it deems fit.
- No transaction should be entered into with regards to cryptocurrencies or Fiat currencies not supported by CornuEx, and any such transaction(s) resulting in loss is for Your own account is your own responsibility and CornuEx will not be held liable.
- Withdrawal of Fiat currency is only allowed to Your verified bank account and no withdrawal to third party bank accounts will be allowed.
- Deposit of Fiat currency into Your CornuEx wallet is to be made by using the unique reference provided to You, and any failure on Your side to use this unique reference when making the deposit is for Your own account and CornuEx will not be held liable in the event that such deposit is not allocated to Your CornuEx wallet as a result of not Your unique reference or using an incorrect reference. Despite the aforementioned CornuEx will take reasonable steps to attempt to locate and allocate deposits made.
- Your account will only be credit once the fiat currency deposited by yourself actually reflects as posted to your account from the bank, meaning it has been cleared in all respects and reflects as the actual balance and is not pending or on hold for any reason.
- Trade orders placed on the exchange and site are binding and cannot be cancelled or reversed.
- You acknowledge that CornuEx cannot confirm, cancel or reverse cryptocurrency transactions.
- Fiat currency deposits into your CornuEx account must be made by way of Electronic Funds Transfer (EFT) from Your confirmed bank account. The bank account must be in Your name. CornuEx will only make Fiat currency payments into your confirmed bank account, and no other or third party account, by way of EFT.
- CornuEx has no obligation to accept orders, in which case the site will not allow the order to be placed.
- Orders, deposits and withdrawals are subject to limits which may be changed from time to time.
- CornuEx may suspend your account at any time for any reason in its sole discretion.
- This service is provided without warranty of any kind and CornuEx does not guarantee that the site will be available 100% of the time. You acknowledge and accept that the website may become unavailable from time to time due to various circumstances and that CornuEx will not be liable for any losses due to the system or service becoming unavailable.
- CornuEx cannot and does not guarantee the value of any cryptocurrency and has no obligation to buy back any cryptocurrency at any time as it is simply a trading platform.
- Each cryptocurrency, crypto token or any combination (hybrid) of both ("cryptocurrency") network is responsible for confirming its transactions and CornuEx is not liable for any loss due to, but not limited to, errors in the protocol, delays or any other breakdown relating to the specific network.
- You expressly agree that CornuEx is not liable for any errors, loss or omissions due to sending cryptocurrency to or receiving cryptocurrency from incorrect wallet addresses, e-mail addresses, entering incorrect transaction amounts, or any other information related to cryptocurrency transactions by using the service. Please ensure that you use the correct cryptocurrency addresses, e-mail addresses, transaction amounts when transacting.
- Each cryptocurrency network is stored in a combination of online and offline storage. As a result it may take up to 72 (seventy two) hours or more to facilitate any cryptocurrency transactions. By using CornuEx you accept the risk that transactions may be delayed and you agree not to hold CornuEx liable for any damages or loss due to delays.
TRADING AND OTHER FEES
- All transactions on the CornuEx platform are subject to CornuEx's fee structure and by making use of the CornuEx platform you accept and agree to all the applicable fees, as per the Fees page.
You may not use CornuEx products or services to engage in any of the following activities:
- Violation of any laws, statutes, ordinances or regulations.
- Paying into or otherwise supporting pyramid schemes, Ponzi schemes, matrix programs, "get rich quick" schemes, multi-level marketing programs or high-yield investment programs.
- Promotion and/or financing of terrorism and terrorist activities;
- Narcotics, drugs or other controlled substances;
- Drug paraphernalia;
- Items that promote or facilitate illegal activity;
- Stolen goods;
- Items that promote or facilitate hate, violence or racial intolerance;
- Items that are considered obscene;
- Items that are counterfeit or otherwise infringe or violate copyright, trademarks or other intellectual property;
- Ammunition, firearms or other weapons that require licensing;
- Sale of personal information;
- Prostitution or illegal escort services;
- Extortion or blackmail; and
It is Your responsibility to:
- Provide CornuEx with all required documentation and information to activate your CornuEx account.
- Ensure the contact, and other, information You provided to CornuEx is correct and to inform CornuEx of any changes in or of that information as contained in your CornuEx profile.
- Ensure that you do not use your CornuEx account for any prohibited activities.
- Comply with any and all legislation and regulations that may be applicable to the usage of your CornuEx account.
- Ensure that any account details, addresses, amounts or other details used during a purchase, sale or other transaction, is correct so as to avoid loss from occurring.
Ensure Your CornuEx account is adequately protected by making use of, all or a combination of, the various security measures available to You including but not limited to the following:
- Keeping login details secret and confidential;
- Keeping your API keys secret and confidential;
- Appropriately complex password;
- Updating contact details for purposes of notifications or alerts relating to your account and security;
- Two-Factor Authentication;
- You accept full responsibility, to the full extent permitted by law, for any activity on Your CornuEx account and accept the risk associated with authorised and unauthorised access of Your CornuEx account.
COMMUNICATING WITH YOU
- You agree that CornuEx or any of its affiliates may communicate with You via any electronic means.
- Before withdrawing legal tender ("fiat") currency from Your CornuEx account, you will be required to verify your identity as per CornuEx KYC-AML procedure (Know-Your-Client and Anti-Money-Laundering) that is available on the website.
- Nothing on this Website is intended to be nor should it be construed as an offer to enter into a contractual relationship other than having a CornuEx account, unless so specified with each cryptocurrency.
- All services offered by CornuEx and its affiliated companies and service providers are subject to completion of the application form and other documentation required to process any application or service and are governed by these relevant terms and the terms and conditions of the relevant service providers.
- If You enter into a contract with a third party who is named or referred to on this Website, it is Your responsibility to ensure that You are comfortable with the terms and conditions of that contract.
- The Website content is not suitable for any particular purpose whatsoever, other than as a general reference and facilitation mechanism as mentioned above, and We may not have necessarily disclosed all risks relating to the Website content or its subject matter.
- The fact that We have made the Website content available to You is neither a recommendation that You enter into a particular transaction nor a representation that any service described on this Website is suitable or appropriate for You.
- CornuEx shall take reasonable efforts to accurately indicate information in relation to the various services offered.
- This Website is intended to provide general information regarding CornuEx and service provider products and services including information about our affiliates, their products and services, which may be of interest to You. It is not intended to provide exhaustive treatment of any subject dealt with.
- The information on this Website including all research, opinions or any other content is not intended to and does not constitute professional advice or services. Before making any decision or taking any action which might affect Your personal finances, or business You should take appropriate advice from suitably qualified persons. The information contained on this website does not constitute accounting, legal, financial, investment or other professional advice. You bear all the risk from any decision to hold, purchase or sell any cryptocurrency on this website and CornuEx will not be liable for any loss suffered.
LIABILITY AND INDEMNIFICATION
- As CornuEx is not responsible for and does not own or operate any affiliated companies or service providers, CornuEx cannot accept liability for any act or omission on the part of any affiliated companies or service providers.
- You agree to indemnify, defend and hold harmless CornuEx, its associates or partners, services providers, any officers, directors, employees, affiliated or related entities and agents against any and all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by You of these Terms.
- While CornuEx takes appropriate measures to ensure that the exchange, website and platform are safe and secure, it gives no warranty that it is 100% secure and "unhackable"/" hackproof".
- Should CornuEx be hacked for any reason and any coins stolen and/or transferred without your consent, CornuEx cannot accept liability and as such you agree to indemnify CornuEx its associates or partners, services providers, any officers, directors, employees, affiliated or related entities and agents against any and all losses, expenses, damages and costs resulting from any hack.
AFFILIATED COMPANIES AND SERVICE PROVIDERS
- Should a You make use of any of the products or services offered by any affiliated company or service providers and any services offered by them, You shall abide by each separate entities terms and conditions should he wish to make use of the services and products offered by them.
LINKS TO OTHER WEBSITES AND SERVICES
- CornuEx contains links to other website, which are not under our control. The links to other sites are for Your convenience and we do not accept any responsibility or liability for enabling You to link to any other website, for the contents of any other website, for the security of any other website, or for any consequence of Your acting upon the contents of such website.
- CornuEx expressly reserves all copyright in its CornuEx Website and in all writings, reviews, photographs, videos, slides, paintings, drawings, graphics, designs, documents and information on CornuEx.
- You are not permitted to use any trademarks, trade names or any of the above-mentioned that are contained on CornuEx.
- Should You breach any of the above then CornuEx reserves the right to take legal action against You.
EXCLUSION OF COMPETITORS:
- CornuEx expressly excludes and does not permit competitors of CornuEx to use or access its Website, to download any documents or information from this Website or obtain any such information through a third party. If You breach these Terms CornuEx shall hold You fully responsible and liable for any loss that CornuEx might sustain and further holds You accountable for all profits that You might make from such unpermitted and improper use.
- CornuEx reserves the right to exclude and not permit any person from using its Website or any of the information contained on it.
BREACH & TERMINATION
- Should You breach any of these Terms or abuse any services offered, CornuEx is in its sole discretion allowed to terminate or suspend Your use or block any user from using the CornuEx with immediate effect.
- Your account may be terminated if You provide false information or refuse to provide information about your true identity.
- CornuEx may restrict, suspend or terminate Your account if compelled to do so by court order or regulatory authority.
- It is Your responsibility to determine, account and pay for any taxes that apply to your trading and cryptocurrency transactions.
- These Terms shall be governed by South African law and are within the sole Jurisdiction of the South African Courts.
- If any part of these Terms is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of the Terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
- The provisions of these Terms represent the entire agreement between CornuEx and You and no amendments of these Terms shall be binding on any of the parties unless such alterations, modifications or updates are published in accordance with these Terms.
- All rights not expressly granted in terms of these Terms are reserved by CornuEx.
CESSION AND ASSIGNMENT
- You may not cede or assign any of Your rights or obligations under this agreement without the prior written approval of CornuEx.
CornuEx will not be held liable for any failure or delay in performance of its obligations resulting directly or indirectly from Force Majeure including but not limited to the following:
- Riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;
- Earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity;
- Strikes at national level or industrial disputes at a national level, or strike or industrial disputes by labour not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works but excluding any industrial dispute which is specific to the performance of the works or this Agreement.
- Headings are for convenience only and will have no interpretational value in relation to any of the Terms contained herein.
- This agreement has been drafted and executed in the English language. This agreement may be translated into any other language, but only this agreement in the English language version shall be deemed the original document. If any conflict arises between the English version and any version in any other language into which this agreement has been translated, the English language version shall have the controlling authority.