1.1 These Terms and Conditions set out the terms on which Arubex provides the Platform and provides the Services and on which you agree to use the platform and to use the Services. These Terms and Conditions apply to all Orders made via the Platform.
1.2 Please review these Terms and Conditions carefully and make sure that you understand them before using the Platform and/or making an Order. If you do not agree to these Terms and Conditions, you will not be allowed to and must cease use of the Platform and must not make an Order through the Platform.
2.1 By using the Platform and/or making an Order, you accept and agree to be bound by these Terms and Conditions.
2.2 Arubex may at any time modify these Terms and Conditions. Arubex will notify you of any changes to these Terms and Conditions either by emailing you (at the email address entered by you into the registration form on the Platform) and/or by posting a notice on the Platform. By continuing to use the Platform and/or making any Order after changes to these Terms and Conditions are made and notified to you, you agree to be bound by such changes.
2.3 You can review the most current version of our Terms and Conditions at any time by clicking on the “Terms and Conditions” link located at the bottom of the Platform. It is your responsibility to ensure that you are familiar with the current Terms and Conditions. You are advised to check the above link on a regular basis.
3.1 In these Terms and Conditions:
“Account” means the account of a Customer with Arubex which is created when a Customer registers with Arubex by completing the registration form available on the Platform.
“AML Documentation”means the documentation required to be provided by the Customer as set out in our Anti-Money Laundering Policy.
“Broker”means a Customer who makes Orders on behalf of other registered Customers of the Platform.
“Arubex”, “we” and “us” are references to arubex.com
“Customer”, “Your” and “You” means a user of the Platform who makes an Order via the Platform.
“Fiat Currency”means any national government issued currency (such as pounds sterling) but not any Virtual Currency that may be used to purchase or sell Virtual Currencies via the Platform.
“KYC” means know your customer documentation including but not limited to ID, Proof of Address (less than 3 months old) and passport/driving licence.
“Order”means any instruction from a Customer to buy or sell any Virtual Currencies using our platform. Your Order will not be complete until it has been matched with another Customer placing the opposite Order and therefore completing the Trade (as further detailed in clause 6).
“Platform”means the trading platform published by Arubex from time to time including without limitation the trading platform at Arubex, arubex.com and their sub domains.
“Virtual Currency”means any digital asset which we support on the Platform, including Bitcoin and Bitcoin Cash.
4.1 Arubex operates the Platform. The Platform is an electronic web interface through which Customers can either:
(a) Place an Order for the purchase of Virtual Currency; or
(b) Place an Order for the sale of Virtual Currency.
4.2 In placing an Order, the Customer seeks to convert from Fiat Currency to Virtual Currency or from Virtual Currency to Fiat Currency.
4.3 Arubex may refuse to process or cancel any pending Virtual Currency transaction as required by applicable law or in response to a requirement or request of a regulator or a court of competent jurisdiction subpoena, court order, or other binding government order or to enforce transaction limits.
4.4 You may only place Orders in relation to Virtual Currencies that Arubex, in its sole discretion, decides to support. The Virtual Currencies that Arubex supports may change from time to time.
4.5 You may not use Arubex’s Platform to store, send, request, or receive virtual currencies (or other digital assets) which are not expressly supported by Arubex. If you attempt to place an Order via our Platform for a virtual currency which is not supported by us, we are under no obligation to return such virtual currency to you.
5.1 You may access the public areas of the Platform which contain general information about Arubex and our service without registering as a Customer.
5.2 If you wish to place an Order, you will first be required to register as a Customer. Due to compliance with regulatory requirements, registration is a three step process as follows:
(a) Completion of the new Customer registration form which can be found on the Platform;
(b) Provision to Arubex of the AML Documentation (as set out in our Anti-Money Laundering Policy); and
(c) Completing a Verify your ID Form as part of KYC (Know Your Customer) documentation and proofs.
5.3 Any person who wishes to become a Broker must also provide Arubex with any information required by Arubex to satisfy Arubex that it is appropriately organised to act as a Broker and must adhere to the Arubex KYC requirements which will include completing an application form on the platform.
5.4 Once Arubex has received all of the required documentation and information as set out in our Anti-Money Laundering Policy, Arubex will undertake certain additional security checks on you.
5.5 If Arubex in its sole and absolute discretion is satisfied that you comply with all applicable requirements, Arubex will provide you with a verified account to utilise as well as access the Platform. For the avoidance of doubt, Arubex may refuse to grant a verified account to any person or organisation without stating a reason.
5.6 Please note that you will not be able to make an Order under any circumstances until Arubex has provided you with a verified and KYC approved account.
5.7 The Customer in addition undertakes to provide Arubex as soon as practicable on demand with any and all information that Arubex may require, or that in Arubex’s sole and absolute discretion Arubex considers necessary, including without limitation for the purposes of providing such information to any applicable governmental or regulatory authority in relation to regulatory compliance or anti-money laundering laws and regulations.
5.8 If you are a US citizen, you must disclose that in your registration and use your US passport as identification.
6.1 Arubex and the Customer will from time to time enter into Orders in accordance with the Customer’s electronic instructions issued through the Platform.
6.2 Arubex cannot reverse a Virtual Currency transaction which has been sent to a Virtual Currency network.
6.3 Once an Order has been made by the Customer, it will be “matched” with the first available Order made by another Customer on the Platform. For example, if you enter an Order to sell 100 Virtual Currency at or above price £X per unit of Virtual Currency, the Platform will match your Order with an Order of a Customer who wishes to buy Virtual Currency at a price above or equal to price £X per unit of Virtual Currency.
6.4 The Platform may part-perform an Order made by you and you hereby irrevocably acknowledge and agree that Arubex shall be permitted to do so. For example, your Order to sell 100 units of a particular Virtual Currency at or above price £X might be matched with an Order to buy 50 units of a particular Virtual Currency at or above £X. This would leave you with a partly-unperformed Order equal to 50 units of the Virtual Currency for sale at a price above or equal to £X.
6.5 Each Order entered on the Platform is irrevocable and binding on the Customer. Arubex cannot and will not reverse an Order to the extent that it has been matched with one or more other Orders as set out above.
6.6 Where an Order has not been matched, Arubex may in its sole and absolute discretion cancel the Order.
6.7 Arubex shall at all times be entitled to operate on the basis that each Order is correct and does not contain any errors (including in the case of manifest errors).
6.8 Each Order will be confirmed to the Customer using the Platform’s record-keeping functionality which can be viewed by the Customer using the Customer’s account portal.
6.9 Arubex records the details of every Order undertaken for a Customer including the tracking numbers of all Virtual Currency provided to a Customer.
6.10 Arubex has the right at any time to refuse to accept a Customer’s Order without any liability.
7.1 Subject to clauses 7.15 to 7.18 (inclusive), prior to making any Order, the Customer must have credited Fiat Currency or Virtual Currency to his Account. Arubex shall not permit any Order to be placed until cleared funds have been received by Arubex (or in the case of transactions with a Broker, receipt of funds by the Broker has been confirmed in writing to Arubex), and cannot accept responsibility for a delay in onward payment due to the late arrival of such funds.
7.2 The Customer expressly agrees and acknowledges that banks have cut-off times, after which they will not accept same-day payment instructions. It is the sole responsibility of the Customer to make itself aware of, and where necessary comply with, any applicable cut off times.
7.3 Funds are credited to a Customer’s Account by the Customer making a transfer from his bank account to Arubex’s Client Account using the Platform. Credited funds will show as a credit balance on the Customer’s Account when received and processed by Arubex.
7.4 Virtual Currency is credited to a Customer’s Account by the Customer making a transfer from his Virtual Currency wallet to Arubex’s Client Virtual Currency wallet using the Platform. Credited Virtual Currency will show as a credit to the Virtual Currency balance on the Customer’s Account when received and processed by Arubex.
7.5 All payments made to Arubex under these Terms and Conditions are to be made in full without any set-off, counterclaim or deduction whatsoever.
7.6 Arubex shall make payments to the Customer in full in respect of an Order less Arubex’s Commission (as defined on our fees page) unless (i) it is required by law to deduct sums in respect of taxation, or (ii) it is or will be owed amounts which are incurred in respect of transfer charges that may be levied or (iii) the Customer owes Arubex amounts in respect of other Orders or Commission which have not been settled in accordance with these Terms and Conditions.
Orders from Fiat Currency to Virtual Currency
7.7 Subject to clauses 7.15 to 7.18 (inclusive), the Customer shall only be able to place an Order to exchange any Fiat Currency into Virtual Currency if the full amount of such Order is credited to his Account on the Platform.
7.8 In calculating how much Virtual Currency can be purchased by the Fiat Currency amount set out in the Order, Arubex shall be entitled to reduce its Commission on the Fiat Currency amount of the Order prior to calculating how much Virtual Currency can be purchased.
7.9 Arubex shall provide a confirmation to the Customer showing the amount of Virtual Currency purchased and the Fiat Currency cost. This confirmation will be viewable in the “Activity” section of the Platform.
7.10 On completion of an Order (or part-completion of an Order as applicable) Arubex will credit to the Customer’s Account on the Platform the amount of Virtual Currency due.
Orders from Virtual Currency to Fiat Currency
7.11 The Customer shall only be able to place an Order to exchange Virtual Currency into any Fiat Currency if the full number of Virtual Currency set out in such Order is credited to his Virtual Currency Account on the Platform.
7.12 In calculating how much of any Fiat Currency can be purchased by the amount of Virtual Currency set out in the Order, Arubex shall be entitled to reduce its Commission on the Virtual Currency amount of the Order prior to calculating how much of the relevant Fiat Currency can be purchased. Arubex shall be permitted to take its Commission in Virtual Currency or Fiat Currency as it wishes in its sole and absolute discretion.
7.13 Arubex shall provide a confirmation to the Customer showing the exchange rate, the amount of Fiat Currency purchased and the Virtual Currency price. This confirmation will be viewable in the “Activity” section of the Platform.
7.14 On confirmed receipt of Virtual Currency, Arubex will credit to the Customer’s Account on the Platform the Fiat Currency amount due.
Orders made by Brokers
7.15 A Broker may make an Order on behalf of another Customer to purchase Virtual Currency only. The Broker executes the Order as principal and is responsible to Arubex for compliance with these Terms and Conditions.
7.16 In order for a Broker to place an Order with Arubex, the Broker must open up a trade via the Platform (with full KYC). On (and not before) receipt of the relevant amount of Fiat Currency from the Broker’s customer, the Broker shall confirm by email or via the platform to Arubex that it is in receipt of funds in respect of the Order. As soon as reasonably practicable after receipt of such confirmation, Arubex shall match the Order in accordance with clauses 7.7 to 7.10 (inclusive) and shall send the Virtual Currency to the Broker’s customer less any fees or commission due to the Broker (as notified by the Broker to Arubex from time to time).
7.17 In order for a Broker to place an Order with Arubex, the Broker must open up a trade via the Platform. Upon Arubex receiving confirmation in writing or via the platform from the Broker’s customer that payment has been sent, Arubex will match the order and reserve the Broker’s Virtual Currency in escrow. On receipt of the relevant amount of Fiat Currency from the Broker’s customer, the Broker shall confirm by email, API or via the platform to Arubex that it is in receipt of funds in respect of the Order. As soon as reasonably practicable after receipt of such confirmation, Arubex shall send the Virtual Currency to the wallet of the Broker’s customer (provided that the Broker has provided Arubex with all relevant details).
7.18 Arubex shall be permitted to debit the Broker’s Account with the relevant Fiat amount on or before settlement of the Order.
8.1 The Customer shall be permitted to withdraw funds credited to his Account on the Platform and/or Virtual Currency credited to his Virtual Currency Account on the Platform by making a withdrawal instruction via the Platform.
8.2 Where a withdrawal instruction is received by Arubex in respect of any Fiat Currency, Arubex shall pay such funds to the bank account of the Customer nominated on registration. The Customer cannot receive funds into another bank account without the agreement of Arubex. Third party withdrawals are not allowed.
8.3 Where a withdrawal instruction is received by Arubex in respect of Virtual Currency, Arubex shall credit such Virtual Currency to the Virtual Currency wallet of the Customer nominated on registration or subsequently agreed with Arubex.
8.4 Arubex shall make payments in the relevant Fiat Currency and Virtual Currency to the Customer (and shall credit the Customer’s Account) in full unless (i) it is required by law to deduct sums in respect of taxation, or (ii) it is or will be owed amounts which are incurred in respect of transfer charges that may be levied, or (iii) the Customer owes Arubex amounts in respect of other Orders or Commission which have not been settled in accordance with these Terms and Conditions. In the event that Arubex is required or permitted to make any deductions pursuant to this paragraph, Arubex shall be permitted to make deductions in the relevant Fiat Currency or Virtual Currency in its sole and absolute discretion.
8.5 You warrant that you own and are fully responsible for any Virtual Currency wallet you have notified to Arubex for the purposes of receiving Virtual Currency withdrawn from the Platform.
8.6 You warrant that you own and are fully responsible for any Virtual Currency wallet you use for the purposes of sending Virtual Currency deposited to the Platform. If you receive a deposit that you did not initiate, you must inform us at the first available opportunity after becoming aware of the deposit.
9.1 Arubex may in its sole and absolute discretion from time to time provide information to the Customer on practical aspects of dealing between Fiat Currencies and Virtual Currency.
9.2 Notwithstanding any such information provided by Arubex, the Customer acknowledges and agrees that it enters into each Order of its own free will without reliance on any information provided by Arubex and that such Order is at its own risk. The Customer shall not be entitled to rely on Arubex for advice on the timing or terms of any Order.
9.3 The Customer acknowledges and agrees that the exchange rate between Fiat Currencies and Virtual Currency varies regularly and will be affected by matters and events outside of the control of the Customer and Arubex.
10.1 The Customer represents and warrants as at the date of each Order and on its Settlement Date that:
(a) the Customer is either (i) acting as principal in respect of the Order and is not acting for another person or (ii) if a Broker, is appropriately organised and regulated to act as a Broker and has been appointed as a Broker by Arubex;
(b) the Customer has full power and authority to enter into the Order and is the beneficial owner of all monies paid or to be paid at the Settlement Date free from any charge or encumbrance;
(c) the information provided by the Customer in relation to the Order (and all AML Documentation provided by the Customer) is at the time of the Order complete, accurate, current and not misleading and that any further information requested by Arubex is complete, accurate, current and not misleading in all material respects;
(d) the Customer has not relied upon any representation or warranty given by any other person (including without limitation Arubex) in entering into the Order.
11.1 The Customer acknowledges that funds may be co-mingled with those of other Customers of Arubex in the Client Account which is held with a bank (the “Bank”). Funds belonging to Customers are segregated from those belonging to Arubex.
11.2 The Customer shall have no fiduciary rights or claims against the Bank in respect of any of his funds held in such account or accounts.
11.3 The account or accounts with the Bank are governed by the term of a bank mandate which has been provided and is exclusively operated by Arubex in accordance with its terms. The mandate states that when the Bank acts on properly mandated instructions it will receive a safe receipt and discharge and will not be bound to enquire as to the purpose to which those funds are applied and the Bank shall not be prevented from acting on such mandated instructions.
11.4 The Customer acknowledges that Arubex is under no obligation to pay interest on any funds held on his behalf in any account.
12.1 Arubex has the right to terminate, close out or reverse an Order without notice to the Customer if:
(a) the Customer fails to make any payment in respect of an Order, when due and in accordance with these terms and conditions; or
(b) the Customer materially breaches any of these terms and conditions or fails to comply with its obligations to Arubex or is in breach of any statute, regulation, rule or guideline applicable to it or Arubex; or
(c) it becomes or may (in the reasonable opinion of Arubex) become unlawful for Arubex to maintain or give effect to all or any of the obligations under the these Terms and Conditions or otherwise to carry on its business or if Arubex is requested to close out a Order (or any part thereof) by any regulatory authority whether or not the request is legally binding or Arubex in its sole and absolute discretion considers it desirable or necessary to do so for its own protection; or
(d) in the event that the Customer becomes unable to meet its obligations as they become due or has a bankruptcy petition presented against it or the Customer proposes a form of composition or arrangement to its creditors or if the Customer ceases or threatens to cease all or part of its business; or
(e) any of the events specified above or anything comparable thereto occurs under the laws of any applicable jurisdiction.
12.2 If the Customer becomes aware of the occurrence of any event referred to in Clause 12.1 above, he shall give Arubex notice of such event forthwith.
12.3 If the Customer fails to make a payment due to Arubex in respect of any Order, Arubex shall be entitled to collect interest on such unpaid items at a rate of 2% above the current base rate of HSBC Bank plc calculated on a monthly basis from the date payment was due to the date payment is received.
12.4 If for any reason whatsoever the Customer fails to meet its obligations to Arubex hereunder and or under any Order, Arubex may at its discretion terminate any Order without notice and without liability for any loss. In addition to charging interest as described in paragraph 12.3 Arubex shall be entitled to make a charge of up to £450 in respect of administration fees regardless of whether any Order is terminated or not.
13.1 By downloading and/or using the Platform, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Platform.
13.2 You agree and undertake to keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Platform using Your username and password.
13.3 You agree not to interfere with the servers or networks connected to the Platform or to violate any of the procedures, policies or regulations of networks connected to the Platform, including these Terms and Conditions.
13.4 You also agree not to:
(a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Platform to any third party, or jeopardise the correct functioning of the Platform, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Platform;
(b) attempt to gain access to secured portions of the Platform to which You do not possess access rights;
(c) impersonate any other person while the Platform;
(d) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Platform;
(e) resell or export the software associated with the Platform;
(f) use the Platform to generate unsolicited advertisements or spam; or
(g) use any automatic or manual process to search or harvest information from the Platform, or to interfere in any way with the proper functioning of the Platform.
In providing You with access to the Platform, and permitting you to make Orders via the Platform, Arubex reserves the following rights, and in accessing, browsing or otherwise using the Platform and/or making any Order via the Platform You grant to Arubex and agree that Arubex shall have the following rights:
(a) the right to refuse or withdraw Your access to the Platform in accordance with applicable laws for any reason at any time (with or without notice) if in Arubex’s sole and absolute discretion You violate or breach any of these Terms and Conditions;
(b) the right to suspend, amend or disable Your Account without giving You notice or any reason;
(c) the right to cancel any Order or amend in part any Order without giving You notice or any reason, save that in such circumstances Arubex shall refund such part of the Order as has been cancelled by it;
(d) the right to amend or update the Platform, Commission, any Order, billing methods or these Terms and Conditions from time to time;
(e) the right to report You to the police or other judicial body if Arubex believes in its sole and absolute discretion that Your conduct (whether in using the Platform, making an Order for any Goods or otherwise) is or may be unlawful.
15.1 Arubex and/or its licensor(s) are the sole owners of the Platform, which includes any software, domains, and content made available through the Platform.
15.2 The Arubex brand and the Platform are protected by International copyright and other intellectual property laws. Without limitation, this means that You may not sell, export, license, modify, copy, distribute or transmit the Platform (or any part of it) or any material provided through the Platform without Arubex’s prior express written consent.
15.3 Any unauthorised use of the Platform will result in the automatic termination of the limited license granted by us. Arubex reserves the right to terminate the limited license without notice at any time following an unauthorised use by you of the Platform.
15.4 Arubex and its graphics, logos, icons and service names related to the Platform are registered and unregistered trademarks or trade dress of Arubex. They may not be used without Arubex’s prior express written permission.
15.5 All other trademarks not owned by Arubex that appear in connection with the Platform are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Arubex.
Whilst we have implemented commercially reasonable technical and organisational measures to secure your personal information from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide Your personal information at your own risk.
By downloading and/or using the Platform and/or viewing Listings and/or making any Order for Goods through the Platform, You consent to receiving electronic communications and notices from Arubex. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
19.1 Arubex provides Platform “as is” and without any warranty or condition, whether express, implied or statutory.
19.2 Arubex assumes no liability or responsibility for any errors or omissions in the Platform; any failures, delays or interruptions in the Platform or in delivery of any Order; any losses or damages arising from the use of the Platform.
19.3 Arubex reserves the right to deliver the Platform and to process Orders in its sole and absolute discretion.
19.4 In no event shall Arubex, its shareholders, directors, consultants, officers, employees or agents be liable (jointly or severally) to You for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Platform, the publication of any Listing, the placement by you of any Order, the delivery of any Goods, the failure in whole or in part to deliver any Goods or these Terms and Conditions, on any theory of liability, and whether or not advised of the possibility of damage.
19.5 Arubex does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Arubex.
19.6 If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
19.7 Arubex specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Platform.
You agree to indemnify and hold Arubex and its related companies, and each of their respective shareholders, directors, officers, employees, consultants, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of Your breach of these Terms and Conditions and/or Your violation of any law or the rights of any third party.
21.1 You agree that these Terms and Conditions and any claim, dispute or controversy arising out of in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Platform, Arubex’s advertising or any related transaction between you and Arubex shall be governed by and construed in accordance with the laws of the Republic of Ireland.
21.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of the Republic of Ireland.
Arubex may change or discontinue the availability of the Platform and at any time without prior notice. Arubex reserves the right to terminate these Terms and Conditions for any reason, without notice, and these Terms and Conditions shall automatically terminate in the event that You violate any of the Terms and Conditions set forth herein (with prejudice to our accumulated rights against You). In the event of any termination, You will immediately cease use of the Platform and will not make any Order.
23.1 These Terms and Conditions are agreed between you and us.
23.2 If any court or competent authority decides that any term of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
23.3 Arubex reserves the right to charge interest on any late payments at the rate of 7% per annum above the base rate of the Central Bank of Ireland EIBOR. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
23.4 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
23.5 Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
23.6 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms and Conditions without our prior express written consent.
23.7 These Terms and Conditions set forth the entire understanding and agreement between you and Arubex with respect to the subject matter here of.
23.8 These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Ireland.
23.9 You irrevocably agree that the courts of the Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions agreement or their subject matter or formation (including non-contractual disputes or claims).