TERMS OF USE

This agreement is between you and the service operator, Xenia Capital Invest Platform. By using any services made available through the Xenia Capital website, API Xeniacapitalinvest or Xenia Capital affiliates, you agree that you have read, understood and accepted all of the terms and conditions contained in this Terms of Use agreement, as well as our Privacy Policy and Consent Form which have incorporated the GDPR regulation. As this is a legally binding contract, please carefully read through this agreement and related notices before using any of our Services. By registering, accessing or using Xeniacapitalinvest, you have agreed to the terms and conditions as laid out in this User Agreement. Should you disagree to this User Agreement, please proceed to initiate the account lock function (for existing users) and stop the usage of Xeniacapitalinvest and any of its services.

For more information on Xeniacapitalinvest, you can refer to the company six38cointrader pty ltd and license information found on the website. If you have questions regarding this agreement, please feel free to contact Xenia capital for clarification via our Customer Support.


AGREEMENT CONDITIONS

Xenia capital reserves the right to modify or change the terms and conditions of the agreement at any time and at its sole discretion. Xenia capital will provide notice of these changes by updating the revised Terms of Use on the webpage and changing the “[Last revised: ]” date on this page. any and all modifications or changes to the Terms of Use will be effective immediately upon being announced on the website or released to users. as such, your continued use of Xenia capital services acts as acceptance of the amended agreement and rules.


ELIGIBILITY

By registering to use a Xeniacapitalinvest account, you have affirmed that you are at least 18 years old and are an individual, legal person or other organization with full legal capacity to enter into this User agreement between you and Xenia capital . If you are not, you and your guardian shall undertake all consequences resulting from your actions and Xenia capital shall have the right to cancel or freeze your account in addition to filing claims against you and your guardian for compensation.


PROHIBITION OF USE

By accessing and using Xeniacapitalinvest and any of its services, you acknowledge and declare that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List and its equivalent. Xeniacapitalinvest maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries. The content of this agreement shall not be excluded from the laws of the country under which the user belongs. Xeniacapitalinvest maintains its stance that prohibited users are not to use or aces Xeniacapitalinvest and any of its services or associated sites.


DESCRIPTION OF SERVICES

Xeniacapitalinvest platform provides you with information of proposals of partnerships made with six38cointrader pty ltd or xenia capital limited with other limited liability companies seeking to market a proposal for the issue of shares or loan notes tokenized with xeniacoin.

This platform may also provide you with information on proposals by special purpose vehicles which are subsidiaries of six38cointrader pty ltd or xenia capital an investment company which acquire and own a property and also trades on various commodities may be available for you to invest in through the issue of xeniacoin tokens (subject to certain criteria and in accordance with our funders terms and conditions.

Xenia capital strives to maintain the acuracy of information posted on its website however it cannot guarantee the accuracy, suitability, reliability, completenes, performance or fitnes for purpose of the content through the website, and will not acept liability for any loss or damage that may arise directly or indirectly from the content. Information on Xenia capital website can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. Xeniacapitalinvest does not provide advisory on investments and will have no liability for the use or interpretation of information as stated in its website or other communication mediums. all users of Xenia capital must understand that there are risks involved in any form of investments. Xenia capital encourages all users to exercise prudence and invest responsibly within their own means.

While Xeniacapitalinvest emphasises platform security to ensure the continuity and security of its services (announcements will be made in event of downtime/maintenance), it will be non-acountable to act of God, malicious targeted hacking, terrorist attacks and other unforeseen circumstances. Xenia capital reserves the right to cancel, rollback or block transactions of all type on its platform in event of abnormal transactions. Xenia capital will not ask for any password from its users nor ask users to transfer funds to unlisted means of transaction not stated on the site. Users are encouraged to exercise prudence in dealing with discounts or promotions that could lead to them getting scammed. While the list is non-exhaustive, you agree that Xenia capital nor six38cointrader pty ltd nor its associated companies will not be held responsible for any losses arising from the situations stated above.

By using Xeniacapitalinvest and any of its services, you declare that all information to Xeniacapitalinvest in connection with these Terms are true, accurate and complete.



Xeniacapitalinvest acount Registration & Requirements


REGISTRATION

all users must register for a Xeniacapitalinvest acount before using the site. To register for an account, you must provide your real name, email addres and pasword, as well as accept the Terms of Use, Privacy Policy and Consent Form. Depending on certain conditions and in our sole discretion, we may refuse to open an acount for you.


USER IDENTITY VERIFICATION

With registration of an acount on Xeniacapitalinvest, you agree to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on the Xeniacapitalinvest platform. In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 5 years beyond acount closing. You also authorise us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or us against financial crimes such as fraud.

The Identity Verification information we request may include, but is not limited to, your: Name, Email addres, Contact Information, Telephone Number, Username, Government Isued ID. In providing this required information, you confirm that it is accurate and authentic. Post-registration, you must guarantee that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, Xeniacapitalinvest shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of Xeniacapitalinvest Service to you. You shall be solely and fully responsible for any los or expenses incurred during the use of Xeniacapital Service if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.


ACOUNT USAGE REQUIREMENTS

Xeniacapitalinvest acounts can only be used by the person whose name they are registered under. Xeniacapitalinvest reserves the right to suspend, freeze or cancel acounts that are used by persons other than the persons whose names they are registered under. accordingly, Xeniacapitalinvest will not take legal responsibility for these acounts.


ACCOUNT SECURITY

Xeniacapitalinvest prioritizes maintaining the safety of those user funds entrusted to us and has implemented industry standard protections for our platform. With that said, there are acount-level risks that are created by individual user actions. We request that you understand the need to independently take safety precautions to protect your own acount and personal information.

You shall be solely responsible for the safekeeping of your Xeniacapitalinvest acount and password on your own, and you shall be responsible for all activities under your log-in email, Xeniacapitalinvest acount and pasword (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.).

You hereby agree that:(a) you will notify Xeniacapitalinvest immediately if you are aware of any unauthorized use of your Xeniacapitalinvest acount and password by any person or any other violations to the security rules;
(b) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and
(c) you will log out from the website by taking proper steps at the end of every visit.
Xeniacapitalinvest will not be responsible for any loss or consequences caused by your failure to comply with the above account Security provision.


DISPUTE RESOLUTION

Xeniacapitalinvest reserves the right to resolve isues and disputes at its sole discretion. Some isues include infringement of others’ rights, violation of laws and regulations, abnormal activities and others not explicitly mentioned in the Terms. Users agree to bear the costs arising from the process of dispute resolution.

Guidelines for usage of services on Xeniacapitalinvest

You hereby agree to observe the following covenants during your use of services on Xeniacapitalinvest

If you violate the foregoing promises and thereby cause any legal consequence, you shall independently undertake all of the legal liabilities in your own name and indemnify Xeniacapitalinvest or six38cointrader pty ltd from all actions, claims, or costs arising from such violation. You will not use any data or information displayed on the site for commercial purposes without the prior written consent of Xeniacapitalinvest You will use the site in acordance with the Terms of Use and Privacy Policy, without taking acts of unfair competition nor attempting to intervene with the normal operation of Xeniacapitalinvest. Examples of such malicious acts include, but are not limited to

By acesing the Xeniacapitalinvest Service, you agree that Xeniacapitalinvest shall have the right to unilaterally determine whether you have violated any of the above covenants and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to

If your alleged violation causes any loses to a third party, you shall solely undertake all the legal liabilities in your own name and hold Xeniacapital invest or six38cointrader pty ltd harmless from any los, fine or extra expenses. If, due to any alleged violation Xeniacapitalinvest incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify Xeniacapitalinvest against any loses and expense caused thereby, including reasonable attorney’s fee.

Service fees

Xeniacapitalinvest reserves the rights to levy service fees on users who use its services. It is in the discretion of Xeniacapital to adjust the service fees charged to users using its services.


LIABILITY PROVISION OF SERVICE

Xeniacapitalinvest will provide Xeniacapital Service at an “as is” and “commercially available” condition, and does not offer any form of warranty with regards to the Service’s reliability, stability, acuracy and completenes of the technology involved. Xeniacapitalinvest serves merely as a venue of transactions where funds are crowd raised and information are listed for prospective business investments . You must carefully consider the associated investment risks, legal status and validity of the transaction information and investment decisions prior to your use of the Xeniacapitalinvest Services provided.


LIMITATION OF LIABILITY

You acknowledge and agree, Xeniacapitalinveste shall not be liable for any of your loses caused by any of the following events, including but not limited to:

In no event shall Xeniacapitalinvest be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems or governmental acts.

Indemnification

You agree to indemnify and hold harmless Xeniacapitalinvest, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this agreement. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the Xeniacapitalinvest Service.


ANNOUNCEMENTS

Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on

https://xeniacapitalinvest.com/terms-of-use

where we urge all users to refer to regularly. Xeniacapitalinvest will not be held liable or responsible in any manner of compensation should users incur personal loses arising from ignorance or negligence of the announcements.


TERMINATION OF AGREEMENT

You agree that we have the right to immediately suspend your acount (and any acounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such acounts, and suspend your aces to Xeniacapitalinvest if we suspect any such accounts to be in violation of the Terms of Service, Privacy Policy, aML/CTF acts or any aplicable laws & regulations. Xeniacapitalinvest shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be aplied in the following cases:

In case of any of the following events, Xeniacapitalinvest shall have the right to directly terminate this agreement by cancelling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account on Xeniacapitalinvest and withdraw the corresponding Xeniacapitalinvest acount thereof:

Should the acount be terminated, the account & transactional information required for meeting data retention standards will be securely stored for five years. In addition, if a transaction is unfinished during the acount termination proces, Xeniacapitalinvest shall have the right to notify your counterparty of the situation at that time.


REMAINING FUNDS AFTER ACCOUNT TERMINATION (NORMAL)

Once the acount is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to Xeniacapitalinvest) on the account will be payable at once to Xeniacapitalinvest. Upon payment of all outstanding charges to Xeniacapitalinvest(if any), the user will have 5 working days to withdraw all funds from the acount.


ReMaiNiNG FUNDs aFTeR aCCOUNT TeRMiNaTioN (FRaUD/aML/VIOLaTION oF TERMS)

Xeniacapitalinvest maintains full custody of the funds and user data/information which may be turned over to the authorities in event of acount suspension/closure arising from fraud investigations, aML investigations or violation of Xeniacapitalinvest’s Terms (eg. Investing on Xeniacapitalinvest from a sanctioned country).


COMPLIaNCE WiTH LOCaL LaWs

It is the responsibility of the user to abide by local laws in relation to the legal usage of Xeniacapitalinvest in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their apropriate tax authorities. all users of Xeniacapitalinvest and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. Xeniacapitalinvest maintains a stance of coperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of users which are flagged out or investigated by legal mandate.


PRIVaCY PoLicY

Xeniacapitalinvest may announce and amend its privacy policy on the platform of Xeniacpaitalinvest from time to time and the privacy policy shall be an integral part of this Usage agreement. The latest version of the Privacy Policy which has included the GDPR can always be found here on this page


INDEMNiTY aND DiscLaiMeR

You agree to indemnify Xeniacapitalinvest and its entirety of affiliates and hold them harmles from and against all third party claims except from Xeniacapitalinvest’s breach of these Terms. as mentioned in description of services, Xeniacapitalinvest strives its best to maintain the data integrity on its site but does not guarantee the information and services provided in its platform. Xeniacapitalinvest will not be liable for errors arising from the use of its services.