Terms of Service Anjouan
1. INTRODUCTORY PROVISIONS
1.1. These are the terms of service (interchangeably referred to hereinafter as the “Agreement” or the “Terms”) on which VIP360 LTD, a limited liability company incorporated in Anjouan, under company number 16248, with its registered office at Boulevard de Coalancanthe, Mutsamudu, Anjouan, Union of Comoros Islands (interchangeably referred to as the “Company”, “VIP360”, “we”, “our” or the “website”) will provide services to you (“you”, “your”, “Client”, “User”) related to virtual assets.
1.2. Please read this Agreement carefully before you start using our Services. This Agreement (always together with the documents referred to in it) tells you who we are, how we will provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and/or other important information. If you think that there is a mistake in this Agreement or require any changes, please contact us at info@xchange-360.com.
1.3. For the purposes of this Agreement, both the Company and the Client shall collectively be referred to as the parties.
1.4. By visiting our Website and/or using our Services, you agree to be bound by these Terms (including additional documents referred to above). If you do not agree with the above, please do not use our Services.
2. DEFINITIONS
2.1. Application: An online request submitted by the legal entity to the Company through the Website or using contacts allocated on the Website.
2.2. Account or VIP360 Account: Means the account you have opened with Us in accordance with these Terms.
2.3. Commission: The fee the Company withholds for the Services provision.
2.4. Client: A company or other legal entity that has completed onboarding and KYC and been approved to use the Services.
2.5. Services: Means all products, services, content, features, technologies, or functions offered by Us and all related website.
2.6. Exchange Rate: The value of one currency in terms of another currency, shown in the Account at the moment of making an Exchange Operation.
2.7. Exchange Operation: The Company Service allowing the Client to swap one currency (fiat or cryptocurrency) for another.
2.8. KYC Procedure: “KYC” stands for “Know Your Client” and refers to the process carried out by the Company to verify the identity and legitimacy of the Client, which shall be a business or other legal entity, and its authorized representatives, to ensure compliance with applicable laws and regulations.
2.9. Transaction: Fiat or crypto payment to/from the Account.
2.10. Virtual Currency: Means the currency which you send to/receive from Us that is not Fiat Currency.
2.11. Wallet: Means a cryptographic storage solution that permits you to send, receive, and/or store Cryptocurrency.
3. WHO CAN USE OUR SERVICES
3.1. Our Services are provided exclusively to business and institutional clients. We do not provide Services to individual retail clients. By opening a VIP360 Account, you represent and warrant that you are acting on behalf of a business or other legal entity and have the requisite authority to validly bind that entity to these Terms.
3.2. By opening a VIP360 Account, you undertake, represent, and warrant to us that:
You are a legal entity or other organization validly established and duly existing under the laws of your jurisdiction of incorporation;
You have full legal capacity and authority to enter into binding agreements; and
The individual completing registration has the authority to bind the Client.
3.3. Your use of the VIP360 Account must not violate any applicable laws. You commit to us that your opening and/or using of a VIP360 Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.
4. YOUR VIP360 ACCOUNT
4.1. Your VIP360 Account is not a financial account—you cannot hold Fiat Currency with VIP360. Nor is it a blockchain wallet—you cannot hold Cryptocurrency with VIP360. Your VIP360 Account is a profile which you must set up before you can use Our Services.
4.2. Your VIP360 Account allows you to pay Fiat Currency to buy Cryptocurrency into a blockchain wallet, or to sell Cryptocurrency from your blockchain wallet and withdraw Fiat Currency.
4.3. Certain limits may be placed on your VIP360 Account depending on your country of residence, verification checks, or other legal considerations. Please contact us at info@xchange-360.com if you have any questions about these limits.
4.4. Unless you have our express consent in writing, you must not allow anyone to operate your VIP360 Account on your behalf.
4.5. You may only have one VIP360 Account.
5. KYC PROCEDURES
5.1. The Company is required by law to perform customer due diligence on each Client (a legal entity) and its authorized representatives. You agree to provide all requested information accurately, truthfully, and in a timely manner. You agree to comply with any request from us for further information and provide such information in a format that is acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us.
5.2. To open a VIP360 Account we require you to:
a) Read and agree to the Terms and our Privacy Policy;
b) Open your VIP360 Account and provide us with all requested KYC documents;
c) Verify your VIP360 Account.
5.3. To verify your VIP360 Account you should pass a verification procedure.
5.4. All information you provide to us must be complete, accurate, and truthful at all times. You undertake to update, and must update, this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so.
5.5. All activities conducted under a VIP360 Account shall be deemed to have been carried out by the registered business or entity. You shall use the Services solely to transact on your own business’s account and not on behalf of any other person or entity unless expressly agreed in writing by VIP360.
5.6. You may only open one VIP360 Account unless we have agreed in writing to the opening of additional accounts.
6. BUYING CRYPTOCURRENCY USING YOUR ACCOUNT
6.1. To purchase Cryptocurrency for Fiat Currency using the Service, the Client must log into its VIP360 Account and follow the on-screen instructions to submit a Cryptocurrency Purchase Order. The Company will receive the Client’s Fiat Currency payment as payee. For the avoidance of doubt, the Company does not provide payment services.
6.2. The Client may be offered one or more methods of payment (each a “Payment Method”), such as bank transfer or corporate credit/debit card. Payment Methods are provided by independent third-party institutions and do not form part of the Company’s Services.
6.3. Any payment instrument used to fund a Cryptocurrency Purchase Order must be issued in the legal name of the Client.
6.4. If you selected a Payment Method which gives you chargeback rights, you acknowledge and undertake that you will only exercise this chargeback right if:
a) We have breached these Terms; or
b) There was an unauthorized use of your payment instrument.
6.5. The Company may impose limits on the amount, frequency, or total value of Orders, taking into account the Client’s verification status and risk profile.
6.6. If your payment order is received by us after 17:00hrs, whether on a Business Day or not, your payment order will be deemed received on the following Business Day.
6.7. The Company will process an Order only after receiving cleared funds in full from the Client. The Company is not liable for delays caused by banks or other payment-service providers.
6.8. Execution time may vary depending on market conditions, blockchain congestion, or compliance verification. We cannot be responsible for any delays as a result of carrying out necessary verification checks.
6.9. A Cryptocurrency Purchase Order becomes irrevocable once the Client’s payment has been executed by its payment-service provider.
7. EXCHANGE RATES
7.1. VIP360 uses a number of sources to determine the price at which it sells or buys Cryptocurrency. For example, the last-traded price from a major exchange may be used (with a small spread applied to account for liquidity and slippage). VIP360 strives to provide you with competitive pricing and transparency.
8. FEES AND CHARGES
8.1. The Company provides the Services on a fee basis. This means that for the Services the Company delivers to the Client, it retains a Commission.
8.2. The Company may charge the Client with additional expenses including, but not limited to, miner commission, network commission, etc., from time to time as could be applicable.
9. CLOSING YOUR ACCOUNT
9.1. You may close your VIP360 Account at any time by contacting us at info@xchange-360.com.
9.2. You must not close your VIP360 Account to avoid an investigation.
9.3. You remain responsible for all obligations related to your Account even after it is closed.
10. SUSPENSION AND TERMINATION
10.1. We may terminate the agreement between you and us under these Terms by giving you two months’ notice.
10.2. We may at any time suspend or close your VIP360 Account without notice if:
a) You breach any provision of this Agreement;
b) We are requested/directed to do so by a competent authority;
c) We have reason to believe you are in breach of any applicable law;
d) We suspect involvement in fraudulent activity, money laundering, or other illegal activity.
11. BANNED ACTIVITIES
11.1. The Website and Services can only be used for lawful purposes.
11.2. Do not use the Website and Services to violate the laws of Anjouan, your own jurisdiction, or international laws.
11.3. Do not use automated means to access the website.
11.4. Do not attempt to interfere with the proper working of the Website.
11.5. The Services must be carried out lawfully and not in such a way that could damage our reputation or those of our affiliates.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. While you are using our Services, you may use VIP360 Materials only for your internal business purposes solely as necessary in connection with the Services. 12.2. You may not transfer, sublicense, loan, sell, modify, or reverse engineer any part of the Services or the VIP360 Materials.
13. COMPANY LIABILITIES
13.1. The Company shall be liable to the Client only for losses or damages directly and demonstrably caused by the Company’s breach of this Agreement, gross negligence, or willful misconduct.
13.2. The Client acknowledges that the Services are provided exclusively for business and institutional use. Statutory consumer rights and remedies do not apply to this Agreement.
13.3. To the maximum extent permitted by applicable law, the Company shall not be liable for:
a) Indirect, incidental, or consequential losses (loss of profit, revenue, etc.);
b) Technological attacks, system outages, or network failures beyond our control;
- c) Delays caused by third-party banks or blockchain congestion.
13.4. The Company’s total aggregate liability for any claims arising out of this Agreement shall not exceed the total fees paid by the Client to the Company during the twelve (12) months preceding the event.
14. CLIENT LIABILITIES
14.1. The Client is responsible for all activities that occur in the Account.
14.2. The Client is responsible for properly configuring and securing their log-in credentials.
14.3. The Client may only use wallets of which they are the lawful owner and beneficial controller. Initiating transactions to or from a wallet that does not belong to the Client is strictly prohibited.
15. OTHER PROVISIONS
15.1. SEVERABILITY: If any provision is determined to be unlawful or unenforceable, the remaining provisions will continue in effect.
15.2. FORCE MAJEURE: Neither Party shall be responsible for delays or losses resulting from force majeure circumstances.
15.3. AMENDMENTS: We may change these Terms by giving you at least two (2) months’ prior written notice. Changes required by law or more favorable to you may come into effect immediately.
16. GOVERNING LAW
16.1. This Agreement is governed by, and shall be interpreted in accordance with, the laws of Anjouan, Union of Comoros. Any dispute between you and us in connection with your VIP360 Account and/or this Agreement may be brought in the courts of Anjouan.