US Terms & Conditions
US TERMS & CONDITIONS
Last Update: 1 January 2026
PLEASE MAKE SURE YOU READ AND UNDERSTAND THESE TERMS AND KEEP THEM FOR FUTURE REFERENCE. THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS AND AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION ON AN INDIVIDUAL BASIS.
1. Introduction
1.1. The wiCollect App Services and wiCollect Web Services (both described below) are provided to you by Foris DAX, Inc., a Georgia corporation and registered money services business (together with its Affiliates, “wiCollect”), and/or the relevant Affiliate(s) providing services in your area for the particular service or services you access (Foris Services, Inc., a Georgia corporation and registered money services business, provides the wiCollect App Services, except for the USD Account (described below) and wiCollect Web Services to US customers). These Terms supersede and override all prior terms and conditions and agreements pertaining to your use of the wiCollect App Services and wiCollect Web Services; provided, however, that these Terms do not change the identity of the wiCollect entity or entities that provide(s) services to you.
1.2. These terms and conditions (“Terms” or “T&Cs”), together with any attached country annexes, product schedules, and/or Addenda (together “Annexes”) (if any), each of which Annexes may be updated from time to time independently of these T&Cs, will apply to your use of the wiCollect App Services and wiCollect Web Services. Please take the time to read and understand these Terms before using our services so that you are aware of your legal rights and obligations. In the event of any conflict or inconsistency between these Terms and any Annex, including, but not limited to, provisions related to governing law and forum, arbitration, class waivers, and dispute resolution, these Terms shall prevail and control, except where an Annex expressly overrides these Terms with specific reference to this Clause 1.2.
1.3. We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy governing the use of wiCollect App Services or wiCollect Web Services at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the wiCollect App Services or wiCollect Web Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
1.4. Acceptance of Terms. Your acceptance of the Terms occurs when you take the earliest of any of the following actions: (i) signing up for a wiCollect account or any aspect, part, or component of the wiCollect App Services or wiCollect Web Services; (ii) using the wiCollect App or wiCollect App Services or wiCollect Web Services; (iii) receiving the Terms, or notice of the Terms, including in connection with any transaction with wiCollect, whether by email, in the wiCollect App, via our website, or by any other means not inconsistent with the electronic delivery provisions set forth in these Terms; (iv) giving wiCollect a written or electronic signature, clicking “I accept” or “I agree” to be bound as applicable; or (v) installing, using, updating, or otherwise interacting with your wiCollect App or wiCollect Web. Upon taking any of the foregoing actions, you shall be deemed to have entered into a binding contract with us and shall be deemed to have expressly read, understood and agreed to be bound by these Terms.
1.5. Without limiting, abridging, or modifying the foregoing Acceptance of Terms, by using the wiCollect App Services, wiCollect Web Services, and/or completing the sign-up process, you acknowledge that you are entering into a binding contract with us and shall be deemed to have expressly read, understood and agreed to be bound by these Terms.
1.6. Definitions and Interpretation. In these Terms:
“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
“Affiliate” means a person, entity or company directly or indirectly, controlling, controlled by or under direct or indirect common control with another person, entity or company;
“Annex” or “Annexes” shall have the meaning ascribed to the term in Clause 1.2;
“Clause” means each numbered provision or section of these T&Cs;
“Customer Data” shall have the meaning ascribed to it in Clause 11.2;
“CRO” means the utility token that is the native token of the Cronos Chain, represented by the ticker symbol CRO as of the date hereof;
“wiCollect App” means the mobile application software developed, owned and released by wiCollect and available for download for Android or Apple iOS, including all content and services listed in Clause 2.1 and made available on or through the same, and any and all updates, upgrades, supplements, releases and versions thereof;
“wiCollect App Services” refers to the Service Content and all related features, services, content and applications, described in Clause 2.1, which wiCollect may make available to you on the wiCollect App from time to time . The wiCollect App Services shall specifically comprise the services set forth in Clause 2.1.
“wiCollect Web” means the wiCollect browser-based website application developed, owned and released by wiCollect including all content and services listed in Clause 3.2 and made available on or through the same, and any and all updates, upgrades, supplements, releases and versions thereof;
“wiCollect Web Services” refers to the Service Content and all related features, services, content, and applications, described in Clause 3.2, which wiCollect may make available from time to time. The wiCollect Web services shall specifically comprise the services set forth in Clause 3.2.
“wiCollect Pay” shall have the meaning ascribed to the term in Addendum 5;
“wiCollect Prepaid Visa Card” means the prepaid Visa cards carrying the wiCollect brand issued in the U.S. and managed by wiCollect on behalf of the issuing bank;
“Crypto Basket” shall have the meaning ascribed to the term in Clause 2.12;
“CSCs” means the stable coins offered by wiCollect for use on the wiCollect App or wiCollect Web;
“DeFi Yield Service” shall have the meaning ascribed to the term in Clause 2.15;
“Digital Asset” or “DA” means cryptographic tokens, digital currencies, cryptocurrencies or virtual currencies, or digital assets of any types that have been approved by wiCollect for support in the Digital Asset Wallet;
“Digital Asset Conversion” shall have the meaning ascribed to the term in Clause 2.4;
“Digital Asset Transfer” shall have the meaning ascribed to the term in Clause 2.5;
“Digital Asset Wallet” means any and each hosted Digital Asset wallet provided by wiCollect, as may be offered through the wiCollect App Services or wiCollect Web Services from time to time, either upon opening an account or thereafter;
“Eligible Card” means any payment card that is accepted by wiCollect as a means of payment for USD to DA Conversion;
“Enabled Device” means each communications, computing, or other device or account registered by you or otherwise used by you, regardless of whether you own such device, for use in connection with the WiCollect App, WiCollect App Services, or WiCollect Web Services, including but not limited to your computer, mobile phone, email account, and phone number;
“Erroneous Top-up Instruction(s)” shall have the meaning ascribed to the term in Addendum 1;
“Erroneous Withdrawal Instruction(s)” shall have the meaning ascribed to the term in of Addendum 1;
“FAA” shall have the meaning ascribed to the term in Clause 16.5;
“Fees” means all fees imposed by us for the use of the WiCollect App Services or WiCollect Web Services;
“Fiat” means a government-issued currency that is not backed by a physical commodity;
“Force Majeure Event” means an event or failure which is beyond our reasonable control including, without limitation, (i) acts of God, nature (including without limitation, natural disasters, epidemics and pandemics), court or domestic or foreign governmental authorities; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labor disputes, wars, civil unrest, terrorist acts and riots; (vi) viruses, malwares, other malicious computer codes or the hacking of any part of the WiCollect App Services or WiCollect Web Services;
“Fork” means changes in operating rules of the underlying protocols of a Digital Asset that may result in: (a) more than one version of that Digital Asset; (b) material changes in the value, function, and/or the name of a Digital Asset; and/or (c) WiCollect holding an amount (which may be an identical amount) of Digital Assets associated with each forked network, in each case as determined by us in our sole discretion.
“Forked Network” shall have the meaning ascribed to the term in Clause 4.3.1.1;
“Gift Card” shall have the meaning ascribed to the term in Addendum 6;
“Gift Card Issuer” shall have the meaning ascribed to the term in Addendum 6;
“Gift Card Provider” shall have the meaning ascribed to the term in Addendum 6;
“Gift Card Redemption Instructions” shall have the meaning ascribed to the term in Addendum 6;
“Instructions” means all information, instructions, communications, orders or messages (including those relating to payments, transfers or other transactions) referable to you;
“JAMS Rules” shall have the meaning ascribed to the term in Clause 16.4;
“Level Up Program” shall have the meaning ascribed in Clause 2.14;
“Lockup” or “Lock up” means the holding of any Digital Assets in your account for an agreed period of time;
“New Forked Asset” shall have the meaning ascribed to the term in Clause 4.3.1.1;
“Notice” shall have the meaning ascribed to the term in Clause 16.4;
“Pay Airtime” shall have the meaning ascribed to the term in Addendum 7;
“Pay Airtime Redemption Instructions” shall have the meaning ascribed to the term in Addendum 7;
“Pay Rewards” shall have the meaning ascribed to the term in Addendum 5;
“Payment Service Partners” shall have the meaning given to it in Addendum 1;
“Permitted Bank Account” shall have the meaning given to it in Addendum 1;
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; “Prior Asset” shall have the meaning ascribed to the term in Clause 4.3.1.1 “Privacy Notice” shall have the meaning ascribed to the term in Clause 7.5.1; “Security” shall have the meaning ascribed to the term in Clause 12.8; “Service Content” means data, information, materials, advertisements, text, audio, video, graphics, software and other content on the Site, wiCollect App, or wiCollect Web; “Site” means the website at www.wiCollect/us/ and all related components; “Taxes” means any taxes, duties or fees that incurred, required to be collected, paid or withheld for any reason in connection with your use of the Services under any Applicable Law; “Terms” or “Terms and Conditions” or “T&Cs” shall have the meaning ascribed to the term in Clause 1.2; “Third-Party Digital Wallet Application” means any digital wallet mobile application that allows users to store Eligible Card information on, and make payments with, an eligible mobile device; “Trademarks” shall have the meaning ascribed to the term in Clause 11.1.1); “Transaction” shall have the meaning ascribed to the term in Clause 10.1; “Transaction History” means records of all transactions and any details relevant to such transactions through the wiCollect App or wiCollect Web generally; “Unsupported Forked Network” shall have the meaning ascribed to the term in Clause 4.3.1.1; “USD” means the United States Dollar, the official currency of the USA; “USD Account” the account in the wiCollect App or wiCollect Web which holds USD topped-up through bank transfer in accordance with Addendum 1; “USD Account Terms” shall have the meaning ascribed to the term in Addendum 1; “USD to Digital Asset Conversion” or “USD to DA Conversion” shall have the meaning ascribed to the term in Clause 2.3; “USD Top-up” shall have the meaning ascribed to the term in Addendum 1; “USD Top-up Fees” shall have the meaning ascribed to the term in Addendum 1; “USD Withdrawal” shall have the meaning given to it in Addendum 1; “USD Withdrawal Fees” shall have the meaning given to it in Addendum 1; “We/us/our” means wiCollect; “Withdrawal Bank Account” shall have the meaning given to it in Addendum 1; and “You/your” means, the individual who is the user of the wiCollect App Services or wiCollect Web Services.
2. wiCollect App Services The wiCollect App is the interface that allows you to use and interact with the wiCollect App Services. The wiCollect App Services include the services set forth in this Clause 2. Some of these services may not be available to you depending on your jurisdiction or for other reasons. Without limiting anything in these Terms, to the extent that you choose to use those services that are available to you, you agree to be bound by the terms specifically applicable to such services as set forth in the applicable Addenda. The wiCollect App Services shall specifically comprise the following services, to the extent available or offered in your jurisdiction (please note that the services available through the wiCollect Web feature are addressed in Clause 3.2, not in Clause 2): 2.1. Hosted Digital Asset Wallets provided by wiCollect that allow you to top-up Digital Assets from external wallets and store Digital Assets with wiCollect; 2.2. USD Account which allows you to hold USD, which can be used to purchase Digital Assets, and USD proceeds from the sale of Digital Assets; make deposits and withdrawals of USD; withdraw and/or deposit funds to/from affiliated trading accounts; among other features. Terms specific to the USD Account are more fully set forth in “Addendum 1” and references therein; 2.3. A USD to Digital Asset conversion service under which you may convert USD into any type of Digital Asset to be held in your Digital Asset Wallet (“USD to DA Conversion”); 2.4. A Digital Asset conversion service under which you may convert a Digital Asset into another Digital Asset (“Digital Asset Conversion”); 2.5. A Digital Asset transfer service under which you may transfer any Digital Asset to another recipient, which may be the Digital Asset Wallet of another user of the wiCollect App Services or an external recipient (“Digital Asset Transfer”). Terms specific to top-ups to Digital Asset Wallet, USD to DA Conversion and Digital Asset Transfer are more fully set forth in “Addendum 2” and any references therein; 2.6. Any incentive program(s) (including but not limited to any kind of reward, cashback, Level Up, Lock up or referral programs), that may be launched or offered via the wiCollect App or the Site from time to time. The wiCollect Rewards Program and Missions allow users who undertake certain activities within the wiCollect App to get rewarded with virtual incentives. Users may redeem those virtual incentives for opportunities and incentives that may be available from time to time. Terms specific to the Rewards Program and Missions are more fully set forth in “Addendum 3-A” and references therein. We may also offer rewards for certain activities related to the use of wiCollect Prepaid Visa Cards. Terms specific to rewards related to the wiCollect Prepaid Visa Cards are more fully set forth in “Addendum 3-B”; 2.7. Crypto Earn, which allows you to earn rewards if you Lockup certain Digital Assets with us. The applicable rewards, as amended and/or available from time to time, depend on the type of Digital Asset Locked up and the duration of the Lockup. Terms specific to Crypto Earn are more fully set forth in “Addendum 4” and references therein; 2.8. wiCollect Pay, which allows you to make peer-to-peer payments of supported Digital Assets to other active wiCollect App users and, in some instances, to registered merchants. Terms specific to wiCollect Pay are more fully set forth in “Addendum 5”; 2.9. Purchase and use of Gift Cards; wiCollect partners with Gift Card Providers to offer Gift Cards that may be purchased using the wiCollect App. Terms specific to Gift Cards are more fully set forth in “Addendum 6” and references therein; 2.10. Purchase and use of Pay Airtime; Pay Airtime allows you to top up a prepaid phone account from certain approved carriers in your region by purchasing mobile airtime with certain Digital Assets. Terms specific to Pay Airtime are more fully set forth in “Addendum 6” and references therein; 2.11. Use of virtual cards generated through the wiCollect App (or other means that we may make available from time to time) to facilitate certain transactions with certain participating merchants. Terms specific to such virtual cards are more fully set forth in “Addendum 8” and references therein; 2.12. Crypto Basket, which allows you to buy or sell a set of Digital Assets (“Crypto Basket”). Terms specific to Crypto Basket are more fully set forth in “Addendum 9” and references therein; 2.13. A staking service which allows you the option to participate in Proof-of-Stake consensus mechanisms on supported blockchains to secure the applicable network by validating transactions propagated over the network. Terms specific to the wiCollect staking service are more fully set forth in “Addendum 10” and references therein; 2.14. The wiCollect Level Up Program, which allows you to receive benefits and rewards by staking or locking up your CRO in a tiered system (“Level Up Program”). Terms specific to the Level Up Program are more fully set forth in “Addendum 11” and references therein; 2.15. The DeFi Yield Service, an online pass-through service facilitated by us enabling eligible users to deploy Digital Assets to third-party DeFi protocols. Terms specific to the DeFi Yield Service are more fully set forth in “Addendum 13” and references therein; and 2.16. Any other products or services listed in the Annexes (if any) or shown on the WiCollect App or our official communication channel from time to time.
- The wiCollect App and wiCollect Web. 3.1. Description of the wiCollect App. 3.1.1. The wiCollect App gives you interactive access to your Digital Asset Wallet and USD Account, including allowing you to perform one or more of the following actions: (a) view the balance and Transaction History of your Digital Asset Wallet; (b) obtain instructions on how to load your Digital Asset Wallet; (c) request for a Digital Asset Transfer from your balance held in your Digital Asset Wallet; (d) request a Digital Asset Conversion; (e) obtain instructions on how to load your USD Account; (f) request a USD to DA Conversion; and (g) request for a USD Withdrawal from your balance held in your USD Account. 3.2. Description of wiCollect Web. 3.2.1. 3.2.2. 3.2.3. wiCollect Web gives you interactive access to your wiCollect Web Services, including allowing you to perform one or more of the following actions: (a) view the balance and Transaction History of your Digital Asset Wallet; (b) obtain instructions on how to load your Digital Asset Wallet; (c) request for a Digital Asset Transfer from your balance held in your Digital Asset Wallet; (d) request a Digital Asset Conversion; (e) obtain instructions on how to load your USD Account; and (f) request a USD to DA Conversion; and (g) request for a USD Withdrawal from your balance held in your USD Account. Please note that you may not have access to the full functionality of the wiCollect App on the wiCollect Web. We may, in our sole discretion, impose certain Transaction limits on the wiCollect Web that may differ from the limits prescribed on the wiCollect App. For more information on such limits, please refer to the following FAQ page: here. We reserve the right to change such limits without notice to you. 3.3. Grant of License to Use the wiCollect App and wiCollect Web. Subject to your continuing compliance with these Terms, we grant to you a limited, revocable, non transferable, non-sublicensable, non-exclusive license to use the wiCollect App and wiCollect Web and access the wiCollect App Services and wiCollect Web Services insofar as owned by or licensed through us on your Enabled Device and only for your own purposes, on and subject to these Terms. All other rights not expressly granted to you are reserved. Some software components used in the wiCollect App and wiCollect Web may be offered under an open source or other license as we may notify to you, in which case your use of those components of the wiCollect App and wiCollect Web shall be governed by such license terms to the extent only of any inconsistency between these Terms and those license terms. You acknowledge and agree that your use of the wiCollect App Services and wiCollect Web Services are at all times subject to and conditional upon your continued compliance with these Terms and all other applicable terms, and any failure to comply with these Terms and such other terms automatically results in the revocation of all licenses granted hereby. 3.4. Reservation of Rights. 3.4.1. We reserve the right, in our sole discretion and without incurring any liability to you, to: 3.4.1.1. update, change, remove, cancel, suspend, disable or restrict access to or discontinue the wiCollect App Services or wiCollect Web Services or change any features, component or content thereof, or to delist from the wiCollect App Services or wiCollect Web Services or otherwise cease to support any Digital Asset; 3.4.1.2. decline, suspend, cancel, reverse, void or partially execute any USD to DA Conversion, Digital Asset Conversion or Digital Asset Transfer Instruction; and 3.4.1.3. reverse, cancel, claw back, change any terms or refuse to honor any reward, bonus or pay-out for any incentive programs regardless of your entitlement. 3.4.2. We reserve the right to suspend, restrict, and/or terminate your access to any or all of our Services and to deactivate your account, including without limitation: 3.4.2.1. where it is our reasonable opinion that we are required to do so by Applicable Law or any court or other adjudicating authority to which we are subject in any jurisdiction; 3.4.2.2. upon reasonable suspicion that you may be in breach of these Terms or are otherwise trying to circumvent these Terms or abusing any of our incentive schemes; 3.4.2.3. 3.4.2.4. upon reasonable suspicion that a transaction is fraudulent or erroneous; upon reasonable suspicion that your account has been compromised or the Services are being used in a fraudulent or unauthorized manner; 3.4.2.5. upon reasonable suspicion of money laundering, terrorist financing, fraud or any other financial crime; upon reasonable suspicion that you are conducting any fraudulent or illegal activities, including but not limited to any Ponzi scheme, pyramid scheme, phishing or dark-net transactions; 3.4.2.6. where any of your Digital Asset Wallets and/or USD Account or you are subject to pending litigation, investigation, or government proceedings, including litigation that is brought or threatened against WiCollect; and 3.4.2.7. for any other reason which we reasonably deem it is appropriate to do so. 3.4.3. In the event we decide to suspend, restrict or terminate your access to our Services in accordance with the provisions of this Clause 3, we will (to the extent that it is not unlawful for us to do so) provide you with notice of such termination of Services. Suspensions, restrictions, or terminations from the use of our Services will be reversed only as soon as practicable once the reasons for refusal no longer exist as determined in our sole discretion. We are under no obligation to execute any suspended, reversed, or terminated transactions at the same price or on the same terms. Where not otherwise prohibited by law, upon notice that we have decided to terminate your access to the WiCollect App Services or WiCollect Web Services, we will provide you with 30 days within which you must transfer, or instruct us to transfer on your behalf, any remaining Digital Assets or USD out of the WiCollect App. Should you fail to transfer, or instruct us to transfer, any such remaining Digital Assets or USD within the 30-day period, we reserve the right to liquidate any Digital Assets and return to you any outstanding USD via a check to your last known mailing address. 3.4.4. In the event a Digital Asset becomes delisted or unsupported for any reason, we may contact you and, to the extent practicable, provide you with an opportunity to transfer such Digital Assets out of your Digital Asset Wallet. If you fail to transfer such Digital Assets out of your Digital Asset Wallet promptly (and in no event to exceed any specific timeframe that we may specify in our communications to you), we reserve the right to liquidate such Digital Assets in your Digital Asset Wallet at the then-current price and deposit the proceeds in your USD Account (or, if you do not have a USD Account, to arrange to deliver the proceeds to you by another method). 3.4.5. The actions we may take under Clause 3.3.1 may apply to all, or any specific group(s), or any individual user(s) of the WiCollect App Services or WiCollect Web Services. We do not guarantee that any specific content, component and/or feature will always be available on the WiCollect App Services or WiCollect Web Services and reserve the right to cease any WiCollect App Services or WiCollect Web Services at our sole discretion without notice to you.
- Considerations When Using Our Services. You understand, accept, and agree to assume all of the various risks involved in using, holding, trading, delivering, transacting, and transferring Digital Assets and the use of WiCollect App Services or WiCollect Web Services, including all of the risks set forth in this Clause 4. 4.1. General Risks. 4.1.1. All transactions involving Digital Assets involve certain risks. In this regard, once submitted to a blockchain network, such a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the blockchain network. A transaction is not complete while it is in a pending state. Any Digital Asset transfers to and from external wallet addresses that are in a pending state will be designated accordingly, and the relevant Digital Asset will not be included in your Digital Asset Wallet or be available to conduct transactions. 4.1.2. The risk of loss in holding Digital Assets can be substantial. You should, accordingly, carefully consider whether holding Digital Assets is suitable for you in light of your financial situation and risk tolerance. In considering whether to hold Digital Assets, you should be aware that the price or value of Digital Assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. If you use any WiCollect App Services or WiCollect Web Services which allow you and/or third parties to access and hold Digital Asset private keys, you acknowledge that we are not responsible for safeguarding such keys and that we are not responsible for any loss of Digital Assets resulting from theft, loss, or mishandling of Digital Asset private keys outside our control. We are not responsible for the market of Digital Assets, and we make no representations or warranties concerning the real or perceived value of Digital Assets as denominated in any quoted currency. Although we may provide historical and/or real- time data regarding the price of Digital Assets, including graphs displayed within the WiCollect App or WiCollect Web showing the price fluctuations of Digital Assets, such data or graphs are for reference only. We make no representations regarding the quality, suitability, veracity, usefulness, accuracy, or completeness of such data or graphs, and you should not rely on such data or graphs for any reason whatsoever. You understand and acknowledge that the value of Digital Assets can be volatile, and you agree that we are not in any way responsible or liable for any losses you may incur by holding or trading Digital Assets, even if the WiCollect App Services or WiCollect Web Services were delayed, suspended, or interrupted for any reason. 4.1.3. Neither your Digital Asset Wallet nor USD Account is a depository account. You will not earn any interest on funds stored in your Digital Asset Wallet and USD Account. We own any interest paid by the Depository Institution or Network Banks on the USD Funds in your USD Account. 4.1.4. The Digital Assets in the Digital Asset Wallet are not protected by any government-backed depositor compensation, insurance or guarantee scheme. 4.1.5. USD Funds in your USD Account held at Community Federal Savings Bank or an alternative bank partner (each a “Depository Institution”) will be placed by WiCollect at the applicable institution in an omnibus custody account that also holds USD Funds in USD Accounts of other WiCollect customers. Any USD Funds placed at Community Federal Savings Bank may be further placed by Community Federal Savings Bank at other FDIC member and insured depository institution as listed here (https://cfsb.com/FDIC) (“Network Banks”). The list of Network Banks is subject to change from time to time. You retain beneficial ownership of your USD Funds in the applicable account(s), but your USD Account and associated Account are not provided by, and you are not a customer of, the Depository Institution or the Network Banks. We may replace a Depository Institution and move your funds to one or more omnibus custody accounts at other FDIC-insured institutions of similar financial soundness at any time; provided, we will identify any such replacement Depository Institution by providing reasonable prior notice to you. For clarity, we have no ownership of USD Funds in your USD Account, and our only control of or discretion over USD Funds in USD Accounts on any basis is to execute your instructions and to select the FDIC-insured financial institution that will maintain the omnibus custody account where the funds are placed. You will not receive any interest on your USD Funds. The USD Funds in your USD Account will not expire but may be subject to inactivity fees (if any), which could reduce such funds to zero. While USD Funds in your USD Account are held at a Depository Institution or a Network Bank, they are insured by the FDIC up to $250,000 in the event the institution fails, if specific deposit insurance requirements are met. It is your responsibility to determine if the amount of funds you have (including USD Funds held in your USD Account and other funds) at any Depository Institution or Network Bank (or any replacement Depository Institution) exceeds the maximum amount insured by the FDIC. FDIC insurance does not protect your funds in the event of the failure of WiCollect or against the risk of theft or fraud. Digital Assets are not deposits with, held by or guaranteed by any Depository Institution, are not FDIC-insured, and are subject to investment risk, including possible loss of the principal amount invested. 4.2. Digital Asset Volatility Risks. 4.2.1. The price of Digital Assets and Digital Asset markets have historically been subject to significant volatility. The price and trading volume of any Digital Asset is subject to significant uncertainty and volatility, depending on a number of factors, including but not limited to market conditions and sentiment, changes in liquidity, Forks, the activities of other market participants, general economic environment, public perception, technical and technological constraints, and regulation. 4.2.2. There is no assurance that any supported Digital Asset will maintain its value or that there will be meaningful levels of trading activities. 4.3. Technology and Security Risks. 4.3.1. Forked Networks. 4.3.1.1. You agree and understand that the underlying protocols of the Digital Assets’ networks are subject to Forks which may result in more than one version of such a network (each a “Forked Network”). If a Fork occurs, it may result in the creation of a new Digital Asset (the “New Forked Asset”) related to an existing Digital Asset (the “Prior Asset”). You further agree and understand that Forks may materially affect the value, function, and/or name of the Prior Assets and other Digital Assets you hold on the WiCollect App or WiCollect Web and that the New Forked Asset may have minimal or no value. In the event of a Fork, WiCollect may temporarily suspend any WiCollect App Services or WiCollect Web Services (with or without advance notice to you) and we may determine, in our sole discretion, whether or not to support the Forked Network(s). In the event that WiCollect decides not to support any such Forked Network (“Unsupported Forked Network”), the Digital Assets offered by such Unsupported Forked Network will not be made available to you. Notwithstanding the foregoing, we may, in our sole discretion and subject to Applicable Law, obtain and retain the Digital Assets offered by such Unsupported Forked Network as property belonging solely to WiCollect. You acknowledge the risks presented by Forks and hereby accept that we have no responsibility for any losses or damage arising as a result of an Unsupported Forked Network. You understand, acknowledge and agree that you have no right, claim, or interest in, or with respect to, any New Forked Asset. If we do not support a New Forked Asset, you may not be able to withdraw or otherwise use or access the New Forked Asset promptly or at all, and you may lose any value associated with such New Forked Asset. If we determine not to support a New Forked Asset, we may, in our sole discretion, obtain and retain the New Forked Asset as property belonging to us. 4.3.1.2. WE HAVE NO CONTROL OVER, NOR DO WE HAVE THE ABILITY TO INFLUENCE, THE CREATION OR IMPLEMENTATION OF A FORK OR OF ANY NEW FORKED ASSET. WE CAN PROVIDE NO ASSURANCES ABOUT THE SECURITY, FUNCTIONALITY OR SUPPLY OF ANY DIGITAL ASSET, INCLUDING BOTH THE NEW FORKED ASSET AND THE PRIOR ASSET. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE ASSUME NO LIABILITY RELATING TO ANY CHANGE IN THE VALUE OF ANY DIGITAL ASSET (WHETHER OR NOT RESULTING FROM A FORK). YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT A FORK COULD CONSTITUTE A FORCE MAJEURE EVENT BEYOND OUR REASONABLE CONTROL, WHICH COULD AFFECT THE VALUE OF YOUR DIGITAL ASSETS, AND THAT WICOLLECT DOES NOT ASSUME ANY LIABILITY FOR LOSSES RESULTING FROM SUCH EVENTS. 4.3.2. Other Technology and Security Risks. 4.3.2.1. A significant disruption in WiCollect’s products or services, in WiCollect’s information technology systems (including a system failure, outage, or interruption, both as to WiCollect or a third-party network), or in any of the blockchain networks that WiCollect supports, could affect your user experience and/or ability to access your account. 4.3.2.2. Digital Assets built on blockchain technology were only introduced in 2008 and remain in the early stages of development. In addition, different Digital Assets are designed for different purposes. The further growth and development of any Digital Assets and their underlying networks is subject to a variety of factors that are difficult to evaluate. 4.3.2.3. There is risk of loss of Digital Assets in the event of disruptions, hacks, forks (i.e., a split in the underlying network(s), as described more fully below), and significant attacks such as a double spend or 51% attack. You acknowledge and understand that there is risk associated with third-party cyberattacks and security breaches, as well as breaches of privacy. 4.3.2.4. You acknowledge that you and your Digital Assets may be subject to scams and other types of fraud perpetrated by third parties outside of our control. It is your responsibility to beware and protect yourself against such fraud. There is a risk of loss of your Digital Assets and other assets in the event you are subject to such fraud. 4.3.2.5. All blockchain transactions include data, and in some circumstances, may include personal data about you. Many blockchain technologies store transaction data publicly and permanently. When you use such technology, you are intentionally making that transaction data public and acknowledge that the data cannot be deleted, removed, or reversed due to the nature of blockchain technology. 4.4. Regulatory Risks. 4.4.1. We are subject to an extensive and highly-evolving regulatory landscape, and any changes to any laws and regulations could adversely impact our ability to offer, and your use of and access to, the WiCollect App Services or WiCollect Web Services in your jurisdiction. Further, such changes could also impact your legal obligations with respect to your use of the WiCollect App Services or WiCollect Web Services. 4.4.2. In addition to existing laws and regulations, various governmental and regulatory bodies in the United States and in other countries may adopt new laws and regulations. The extent, scope, and effect of such new laws and regulations are difficult to predict. 4.5. Third-Party and Operational Risks. 4.5.1. We currently rely on third-party service providers for certain aspects of our operations, including payment processors, banks, and payment gateways to process transactions; cloud computing services and data centers that provide facilities, infrastructure, website functionality and access, components, and services, including databases and data center facilities and cloud computing; as well as third parties that provide certain outsourced services and functions, all of which are critical to our operations. Because we rely on third parties to provide these services and to facilitate certain of our business activities, we face increased operational risks. Any interruptions in services provided by these third parties may impair our ability to support our customers and offer (or maintain) WiCollect App Services or WiCollect Web Services. 4.5.2. We do not directly manage the operation of any of the third-party service providers we use, including their data center facilities that we use. These third parties may be subject to financial, legal, regulatory, and labor issues, cybersecurity incidents, break-ins, computer viruses, denial-of-service attacks, sabotage, acts of vandalism, privacy breaches, service terminations, disruptions, interruptions, and other misconduct. They are also vulnerable to damage or interruption from human error, power loss, telecommunications failures, fires, floods, earthquakes, hurricanes, tornadoes, pandemics (including the COVID-19 pandemic) and similar events. For example, on February 24, 2021, the U.S. Federal Reserve’s payments network experienced an outage, which had the potential to result in reduced functionality for certain of our products. In addition, these third parties may breach their agreements with us, disagree with our interpretation of contract terms or applicable laws and regulations, refuse to continue or renew these agreements on commercially reasonable terms or at all, fail or refuse to process transactions or provide other services adequately, take actions that degrade the functionality of our services, impose additional costs or requirements on us or our customers, or give preferential treatment to competitors. 4.5.3. There can be no assurance that third parties that provide services to us or to our customers on our behalf will continue to do so on acceptable terms, or at all. If any third parties do not adequately or appropriately provide their services or perform their responsibilities to us or our customers on our behalf, such as if third-party service providers to close their data center facilities without adequate notice, are unable to restore operations and data, fail to perform as expected, or experience other unanticipated problems, we may be unable to procure alternatives in a timely and efficient manner and on acceptable terms, or at all, and our ability to offer (or maintain) WiCollect App Services or WiCollect Web Services may be adversely affected. 4.5.4. We rely on banks and other payment processors to process customers’ payments in connection with the purchase of Digital Assets on our platform and we pay these providers fees for their services. From time to time, payment networks have increased, and may increase in the future, the interchange fees and assessments that they charge for transactions that use their networks. Payment networks have imposed, and may impose in the future, special fees on the purchase of Digital Assets, including on our platform, and we may be forced to pass such increases along to our customers.
- User Acknowledgements, Representations, Warranties, Covenants – General. By signing up to use the WiCollect App Services or WiCollect Web Services, you acknowledge, represent, and warrant, in each case as applicable, each of the items contained in this Clause 5 and all of its subsections. 5.1. Acknowledgement and Assumption of Risks. You represent and warrant that you have received a copy of, have carefully read, understand, accept, and agree to assume all of the various risks involved in using, holding, trading, delivering, transacting, and transferring Digital Assets and the use of WiCollect App Services or WiCollect Web Services, including but not limited to the risks specifically set forth in Clause 4. You agree that WiCollect shall not be liable to you for any loss, damage, expense, or liability that may relate to any of the risks specifically set forth in Clause 4. Further, you represent that you are able to bear any financial or other loss associated with or that may otherwise relate to your use of WiCollect App Services or WiCollect Web Services. 5.2. Non-Reliance. 5.2.1. You represent that you are not relying on (and will not at any time rely on) any communication (written or oral) of WiCollect as advice or as a recommendation to engage in any transaction involving Digital Assets. Further, you confirm that WiCollect has not (a) given any guarantee or representation as to the potential success, return, effect, or benefit (either legal, regulatory, tax, financial, accounting, or otherwise) of transacting in Digital Assets or (b) made any representation to you regarding the legality of transacting in Digital Assets under Applicable Laws. In deciding to use WiCollect App Services or WiCollect Web Services to transact in Digital Assets, you are not relying on the advice or recommendations of WiCollect, and you have made your own independent decision that using WiCollect App Services or WiCollect Web Services and transacting in Digital Assets are suitable and appropriate for you. 5.2.2. We do not provide investment advice, and any content on the WiCollect App, WiCollect Web, or Site or other communication channels should not be considered as a substitute for tailored investment advice. The contents of the WiCollect App, WiCollect Web, and Site should not be used as a basis for making investment decisions and should not be construed as an attempt to market or promote any type of Digital Asset. 5.3. Identity and Eligibility; W-9 Certification. You represent and warrant that: 5.3.1. you are at least eighteen (18) years of age 5.3.2. you have the full right, power, and authority to agree to these Terms; 5.3.3. you are not a resident or a Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction that WiCollect has indicated as being subject to prohibitions or restrictions on accessing or using the WiCollect App Services or WiCollect Web Services; 5.3.4. you are not a resident or Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Terms or the delivery, holding, use, or exchange of Digital Assets is unlawful or restricted in any way or requires licensing, registration or approval of any kind; 5.3.5. you are the authorized user of your Enabled Device, and your Enabled Device is not jailbroken, meaning that you have not, nor are you aware of anyone having, used an exploit to remove manufacturer or carrier restrictions from the relevant device; 5.3.6. you will not simultaneously have multiple accounts to access the WiCollect App Services nor simultaneously have multiple accounts to access the WiCollect Web Services; you are not impersonating any other person, operating under an alias or otherwise concealing your identity; 5.3.7. you are not located in, under the control of, or a national or resident of (i) any international sanctioned countries, or (ii) any country to which the United States has embargoed goods or services; (iii) are not identified as a “Specially Designated National” by the Office of Foreign Assets Control of the U.S. Department of the Treasury; and (iv) any state or jurisdiction where we do not provide Services, including New York; 5.3.8. you will immediately notify us of any change to your state or location of residence and continually review and update your account and or user profile to ensure accuracy of the information provided; 5.3.9. you are not placed on the U.S. Department of Commerce, Bureau of Industry and Security’s Denied Persons List; 5.3.10. you will not use our Services if any Applicable Laws prohibit you from doing so in accordance with these Terms; 5.3.11. you are the sole ultimate beneficial owner of your account and not acting on behalf of or representing any other natural person, legal person or legal entity; 5.3.12. you are the beneficial owner of (or if you are acting as a trustee, the legal owner) any Digital Asset or USD subject to these Terms and forming the subject matter of the Services; and 5.3.13. you are compliant with all Applicable Law requirements to which you are subject, including without limitation, all tax laws and regulations, exchange control requirements and registration requirements. Under penalties of perjury, you also certify (the “W-9 Certification”) that: 5.3.14. the tax ID number you’ve provided to WiCollect is your correct taxpayer identification number; and 5.3.15. you are not subject to backup withholding because (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding; and 5.3.16. you are a U.S. citizen or other U.S. person (as defined in the IRS Form W-9); and 5.3.17. the FATCA code(s) you’ve provided to WiCollect (if any) indicating that you are exempt from FATCA reporting is/are correct. 5.4. Onboarding and Ongoing Basic Requirements. 5.4.1. In order to use the WiCollect App Services, you must register as a user on the WiCollect App and provide us with all information and/or documents requested by us. Except where permitted by Applicable Law, all information and documents must be in the English language (including such information and/or documents as may be required by us from time to time for compliance with Applicable Laws) in order to process your registration. If the documents you provide are not in the English language (except where permitted by Applicable Law), you may be required to provide us with a certified English translation. Except where permitted by Applicable Law, WiCollect shall not be responsible for the translation of any non-English documents and shall not be obliged to process or review any documents that are not in the English language. This provision also applies to the WiCollect Web Services. 5.4.2. You agree to cooperate with all requests made by us or any of our third-party service providers on our behalf in connection with your use of the WiCollect App Services and WiCollect Web Services, including to identify or authenticate your identity, validate your funding sources or transactions, verify your source(s) of income and/or wealth, among other requests. This may include, without limiting the generality of the foregoing, requiring further information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your information against third-party databases or through other sources. 5.4.3. We are entitled, in our sole discretion and without providing reasons, to refuse your application for, or to suspend, terminate or limit your use of, the WiCollect App Services or WiCollect Web Services or your account, and/or to change the eligibility criteria for registration or use of the WiCollect App Services or WiCollect Web Services at any time. We may confidentially verify, supplement, or append the information you provide us with or obtain information on you ourselves or through third parties from secure databases. By agreeing to these Terms, you acknowledge that we or a third party on our behalf may verify, supplement, or amend your information for any reason including for the up-to-date maintenance of our records or to comply with applicable reporting obligations. 5.4.4. You hereby represent and warrant that any and all information provided by you or on your behalf to us, our Affiliates, and any of our third-party service providers are always complete, accurate, and up to date in all respects and that in the event such information ceases to be complete, accurate, and up-to-date, you shall provide us, our Affiliates, and third-party service providers with revised and updated information without delay. It is your responsibility to update us with any changes in your personal information or any other information you may have provided us with during registration or else in the course of your engagement with the WiCollect App Services or WiCollect Web Services. If at any time we believe that your information is incomplete, outdated, or inaccurate, we may contact you and request further information or request that you go through the verification process again. Failure to complete any step of the registration process or provide up to date information may result in your inability to or adversely affect your access to and use of the WiCollect App Services or WiCollect Web Services. You hereby agree to indemnify us and our Affiliates for any and all losses incurred as a result of your failure to provide complete, accurate, and up-to-date information at any point prior to, during, and following termination of your use of and access to our Services. 5.4.5. At the time you sign up for the WiCollect App Services or WiCollect Web Services or at any time in the future after signing up for the WiCollect App Services or WiCollect Web Services, you authorize us to undertake electronic identity verification checks on you, either directly or using third-party service providers. 5.4.6. Notwithstanding any Terms hereunder or your successful completion of the signing up process in accordance with Clause 5.4.2 above, certain types of users are specifically prohibited from using certain features within the WiCollect App Services or WiCollect Web Services. You further represent and warrant that in relation to the use of CSCs on the WiCollect App, WiCollect Web, or any of the WiCollect App Services or WiCollect Web Services, you are not located in, under the jurisdiction of, or a national or resident of any of the countries, states, and jurisdictions listed https://help.wiCollect/en/articles/5792178-crypto-com-app-geo-restrictions. at 5.4.7. Subject to Applicable Law, we reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or anti-money laundering and counter-terrorist financing purposes. 5.5. Third-Party Services. You understand and agree that we may engage any third-party service provider or subcontractor to perform any or all of the services provided hereunder. Further, you acknowledge, accept, and assume the risks associated with our use of such third-party services, including those set forth in Clause 4.5. WiCollect shall not be liable for any delay, loss, or damage of any kind incurred from any services provided by any third-party service provider or subcontractor engaged by WiCollect. All claims in connection with the act of any third-party service provider or subcontractor shall be brought solely and directly against such party and/or its agents. WiCollect’s sole liability in relation to the services provided by any third-party service provider or subcontractor shall be limited to the use of reasonable care in the selection of such parties.
- User Acknowledgements, Representations, Warranties, Covenants – User Conduct. 6.1. General Conduct. It is our goal that all WiCollect App Services and WiCollect Web Services users enjoy their use of our services in a safe and secure environment. To that end, you agree to use the WiCollect App Services and WiCollect Web Services in good faith and adhere to the following general standards of conduct at all times: a) You will demonstrate respect and courtesy to other users, our personnel, and any third-party service providers at all times; b) You will use your utmost integrity in all your dealings with WiCollect and in your use of WiCollect App Services and WiCollect Web Services; c) You will comply with all Applicable Laws pertaining to your use of our services and the activities you conduct in the WiCollect App Services and WiCollect Web Services; and d) You will promptly comply with our notices and our personnel’s instructions with respect to your use of WiCollect App Services and WiCollect Web Services. 6.2. Prohibited Activities. Without prejudice to any of WiCollect’s rights, you undertake not to (and shall not, knowingly or otherwise, authorize, allow, permit, or assist any other party to): a) use the WiCollect App, WiCollect Web, or Sites to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional, or marketing material, junk mail, or chain letters; b) use the WiCollect App, WiCollect Web, or Sites to perform illegal, unlawful or immoral activities under any Applicable Law (including but not limited to money laundering, terrorism financing and fraudulent activities); c) use the WiCollect App, WiCollect Web, or Sites to upload content that contains or is infected with viruses, malicious codes, or Trojan horses, is unlawful, immoral, or illegal, or contains any other harmful or deleterious program or code; d) modify or adapt the whole or any part of the WiCollect App, WiCollect Web, or Sites or combine or incorporate the WiCollect App, WiCollect Web, or Sites into another program or application; e) disassemble, decompile, reverse-engineer, or otherwise attempt to derive the source code, object code, underlying concepts, ideas, or algorithms of the WiCollect App, WiCollect Web, or Sites or any components thereof; f) use the WiCollect App, WiCollect Web, or Sites in any manner that would lead to the infringement of our, our Affiliates’, or any other third party’s intellectual property rights, including without limitation any copyright, patent, or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests; g) use the WiCollect App, WiCollect Web, or Sites in a way that could damage, disable, impair, or compromise the WiCollect App, WiCollect Web, or Sites or the provision of the WiCollect App Services or WiCollect Web Services (or the systems or security of the WiCollect App, WiCollect Web, or Sites or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of WiCollect; h) gain or attempt to gain unauthorized access to, interfere with, disrupt, or damage the account or wallets of other users, any parts of the WiCollect App, WiCollect Web, or Sites, the server on i) j) which the WiCollect App, WiCollect Web, or Sites are stored, or any other server, computer, or database connected to or used in the service of the WiCollect App, WiCollect Web, or Sites; take any action that imposes an unreasonable or disproportionately large burden or load on the WiCollect infrastructure (including, but without limitation to our servers, networks, data centers and related or like equipment) and detrimentally interfere with, intercept or expropriate any system, data, or information belonging to other users of our services; attack the WiCollect App, WiCollect Web, or Sites via a denial-of-service attack or a distributed denial-of-service attack; k) use any robot, spider, or other automatic device, process, or means to access the WiCollect App, WiCollect Web, or Sites for any purpose; l) impersonate or attempt to impersonate WiCollect, WiCollect personnel, another user, or any other person or entity; m) engage in any other activities deemed inappropriate by us or that is in contravention of these Terms or any Applicable Laws; n) provide false, inaccurate, incomplete or misleading information to WiCollect or any of its Affiliates or third-party service providers; or o) deposit with WiCollect any Digital Assets or USD or fiat currency that are, directly or indirectly, derived from or form part of the proceeds of any criminal, fraudulent, or unlawful activity; or p) attempt, in any manner, directly or indirectly, as deemed in our sole discretion, to interfere with the proper working of the WiCollect App, WiCollect Web, or Sites. 6.3. WiCollect’s Rights of Enforcement. Subject to Applicable Law, we reserve the right to, and you acknowledge and agree that we may at our sole discretion, take any action we deem necessary to enforce the user conduct requirements and restrictions set forth in this Clause 6, including, without limitation, by taking any of the steps set forth in Clause 3.3.
- User Acknowledgements, Representations, Warranties, Covenants – Data and System Protection. 7.1. Your Device. You acknowledge and agree that, in connection with your use of the WiCollect App or WiCollect Web, you shall be responsible for the following, at your own cost: 7.1.1. obtaining and installing all hardware, software, and communications services necessary for your use of the WiCollect App or WiCollect Web in accordance with these Terms; 7.1.2. installing antivirus or other mobile security software on your Enabled Device to protect against any security or other vulnerabilities which may arise in connection with your use of the WiCollect App or WiCollect Web in accordance with these Terms; and 7.1.3. installing updates and patches for the WiCollect App or WiCollect Web and your Enabled Device in a prompt and timely manner. 7.2. You acknowledge and agree, without prejudice to the foregoing and any other terms in these Terms, that we may assume that any and all Instructions received from your Enabled Device, your email account, and other accounts identified to you have been made by the rightful owner. You agree that you are solely responsible for keeping your Enabled Device and such accounts safe and secure and for maintaining adequate security and control of your login and authentication details (including, but not limited to, your identity, username, password, and multifactor authentication methods) and acknowledge your responsibility for any access to and use of the WiCollect App, or WiCollect Web, WiCollect App Services, and the or WiCollect Web Services through your Enabled Device and accounts identified to you, notwithstanding that such access and/or use may have been effected without your knowledge, authority or consent. You agree that we will not be liable to you for any loss or damage resulting from such access and/or use, except to the extent otherwise required by applicable law. 7.3. You acknowledge and agree, without prejudice to the foregoing and any other terms in these Terms, that you shall bear the risk of loss of access to your Digital Asset Wallet, accounts, and WiCollect App Services or WiCollect Web Services, including, any loss of access related to the loss of your login and authentication details, Enabled Device, email account, or any other account identified to you, except to the extent otherwise required by law 7.4. Should you discover that your Enabled Device is lost or stolen or has been accessed or used in an unauthorized way, you shall notify us of the loss or theft, or unauthorized access or use, by emailing us at contact@wiCollect. In addition, where your Enabled Device has been accessed or used in an unauthorized manner, you should, as soon as possible, reset the login and authentication details on your Enabled Device. 7.5. Privacy and Personal Data. 7.5.1. These Terms incorporate by reference, as though they were fully restated herein, the provisions of the following terms and policies: (i) our Global and US privacy notices, accessible at https://wiCollect/privacy/global and https://wiCollect/us/privacy, respectively (together, the “Privacy Notice”), as they may be amended from time to time, and (ii) our cookies policy accessible at the Cookie Preference banner on our Site, as it may be amended from time to time. 7.5.2. By using the WiCollect App Services, WiCollect Web Services, and/or Site, you confirm that you have read and understood our Privacy Notice and understand how we may collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorized service providers and relevant third parties. You agree that your license to access the WiCollect App Services or WiCollect Web Services is subject to your continuing agreement to our Privacy Notice. 7.5.3. Without limiting anything in the Privacy Notice or in these Terms, you represent, warrant, acknowledge, and agree that: 7.5.3.1. we may process personal data relating to you and personal data relating to third parties when you provide personal data to us that relates to such individuals; 7.5.3.2. before disclosing any personal data to us, you have read and understood these Terms, and before disclosing the personal data of third parties, you have provided these Terms to the third parties and obtained their consent hereto; 7.5.3.3. any personal data that you disclose in connection with our Sites, the WiCollect App Services or WiCollect Web Services, or other services was or will be disclosed in accordance with all applicable privacy and data protection laws, and that all such data are current, accurate and relevant; and 7.5.3.4. where you access or use third-party services, you have read, understood and agreed to the privacy notices and other terms applicable to those services, and the processing of any personal data in connection therewith, both by us and the applicable third party.
- User Acknowledgements, Representation, Warranties, Covenants – Electronic Communications. 8.1. You shall accept full responsibility for the security and authenticity of all Instructions sent via the WiCollect App or WiCollect Web and you shall be bound by all such Instructions. We shall be entitled to assume that all Instructions received from your Enabled Device via the WiCollect App or WiCollect Web are yours. We shall be under no obligation whatsoever to verify that such Instructions are in fact yours. 8.2. You are aware that Instructions and information transmitted via the WiCollect App or WiCollect Web are generally transmitted via the Internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the Instructions and information so transmitted will in fact be completely protected against such unauthorized access, and you accept these associated risks. 8.3. Any Instructions sent by you to us shall only be deemed to be received by us when we have successfully retrieved such Instructions from the relevant system and duly informed you of such receipt. In addition, any Instructions sent by you to any third parties (for example, network merchants) shall only be deemed to have been received by such third parties in accordance with their terms and conditions. 8.4. You agree without prejudice to any of these Terms, that, to the extent there are any terms in your local jurisdiction governing the time and place of dispatch and receipt of electronic communication, to the maximum extent permitted under applicable law, such terms shall not apply to your use of the WiCollect App Services or WiCollect Web Services and that you shall be liable for any damage that may be caused through the use of the Internet – i.e. through loss, delay, misunderstandings, corrupted texts, unauthorized interceptions by third parties or duplicates. 8.5. You acknowledge and agree that in the event of any dispute arising in connection with your use of the WiCollect App Services or WiCollect Web Services, our records (including electronic, computer and microfilm stored records) of all matters relating to your use of the WiCollect App Services or WiCollect Web Services and/or of you (including Transaction History) at any specified date shall be conclusive of their accuracy and authenticity and shall be binding on you for all purposes whatsoever. In addition, you agree to the admissibility of such documents without further requirement of proof of authenticity or accuracy in a court of law under applicable evidentiary law, rules and/or regulations.