Website Terms of Use

  • Our Website is provided for information purposes only and does not constitute a recommendation, offer or solicitation to enter into any contract or agreement with us.

  • You acknowledge that your arrival to and use of our Website and any of its related mobile  applications and other platforms and any requests for information are wholly unsolicited and are entirely out of your own initiative without prior direct communication from us.

  • The information contained in our Website is not directed at you if Xapo is prohibited by any law of any jurisdiction from making the information on our Website available to you and is not intended for any use that would be contrary to local law or regulation.

  • None of the services referred to in our Website are available in any jurisdiction where such activity is prohibited. Persons who are resident outside Gibraltar should consult their professional advisers or local regulator to satisfy themselves of local regulatory requirements.

  • In particular, no offer or invitation is made to any US persons (being residents of the United States of America or partnerships or corporations organised under the laws of the United States of America or any state, territory or possession thereof), who are excluded from the services offered in this Website.


Who are we?

  1. This website (“Website”) is owned and operated by Xapo Holdings Limited (“Xapo”). Any reference to “we” or “us” shall mean Xapo.


What do these terms apply to?

  1. Your use of the Website is subject to these Terms of Use. By using the Website, you will be deemed to have accepted and agreed to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not use the Website.


  1. The following additional terms also apply to your use of the Website:


  • Privacy Policy: this informs you of how we process personal data we collect from you or that you provide to us. By using the Website, you consent to us collecting and using information about you in accordance with our Privacy Policy and you warrant that all data provided by you is accurate and correct.
  • Cookie Policy: this informs you about what cookies are and the type we use on our site.


Our rights

  1. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Website. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Website following changes to these Terms of Use will constitute your acceptance of those changes. Every time you wish to use the Website, please check these Terms of Use to ensure you understand the terms that apply at that time.


  1. We reserve the right to restrict your access to the Website or part of it. Access to restricted areas of the Website may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).


  1. We will use reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free or that it will be secure or free from bugs or viruses. In particular, the Website may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Website.


  1. The intellectual property rights in the Website and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.


  1. We provide the Website on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Website. We may suspend or withdraw or restrict the availability of all or any part of the Website in our absolute discretion. We will try to give you reasonable notice of any suspension or withdrawal.


  1. We may update and change the Website from time to time to comply with legal and regulatory requirements and to reflect changes to our services, the needs of our customers and our business priorities. We will try to give you reasonable notice of any major changes.


Our Liability

  1. To the maximum extent permitted by law, we expressly exclude:


  • all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and

  • any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use or inability to use the Website.


  1. The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. 


  1. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.


Your use of the Website

  1. Your permission to use the Website is personal to you and non-transferable, and you may not use the Website for commercial purposes. Your use of the Website is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:


  • use the Website for any fraudulent or unlawful purpose;

  • use the Website to defame, abuse, harass, stalk, threaten or otherwise violate our rights or the rights of others, including without limitation others’ privacy rights or rights of publicity;

  • impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;

  • interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;

  • transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

  • reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;

  • modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website. If you wish to reverse engineer any part of the Website to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;

  • remove any copyright, trade mark or other proprietary rights notice from the Website or materials originating from the Website;

  • frame or mirror any part of the Website without our express prior written consent;

  • create a database by systematically downloading and storing Website content;

  • use any manual or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

We reserve the right to revoke these exceptions either generally or in specific instances.


  1. You are responsible for all access to the Website using your internet connection, even if the access is by another person.


Links

  1. The Website may provide links to other websites and online resources. We are not responsible for and do not endorse, approve or recommend such external websites or resources. Your use of third party websites and resources is entirely at your own risk.


  1. We may block any links to or from the Website. We reserve the right to require you to immediately remove any link to the Website at any time and you shall immediately comply with any request by us to remove any such link where this is found to be unfair, illegal or damaging to our reputation or takes advantage of it. You must not link to the Website in any way that suggests any form of association with us or any approval, recommendation or endorsement on our part where this does not exist.


Termination

  1. These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Website. If we terminate your access to the Website you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Website.


Which laws apply?

  1. These Terms of Use will be governed by and construed in accordance with the laws of Gibraltar, and the courts of Gibraltar will have exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.


© Xapo Holdings Limited 2021. All Rights Reserved.