Thank you for choosing www.Erium.Exchange (“Platform”). The following terms and conditions shall be applied to Platform Users. This User Agreement (“Agreement”) must be read and considered together with the Platform Terms of Use, Privacy Policy, AML/CTF/KYC Policies, Risk Statement and Fee and Commission Chart. The User (herein after referred to as “User”, “Users”, “you”, “yours”, “to you”), declares and undertakes that she/he shall be deemed to have read, understood, and accepted the Agreement by using any of the services, functions or features provided on the Platform (hereinafter jointly and individually referred to as “Services”) from time to time.
This Agreement which includes and represents every right, understanding and mutual agreement between Erium Exchange and the User, constitutes the terms, conditions, and provisions regarding the use of any or all of the Services and the means of accessing these Services through the Platform.
Age Limit
The natural person User confirms that she/he is 18 years old or older and has legal capacity and accepts and undertakes that she/he understands that the provisions of this Agreement are binding for her/him. Erium Exchange determines the age limit of 18 years according to the Central Demographical Administration System of the Republic of Belize. In the event that Erium Exchange determines that you do not meet these conditions for any reason, you and your legal guardian assume all consequences arising from your actions and Erium Exchange reserves the rights to cancel or suspend your account, terminate the agreement, or discontinue operations with or without any notice, as well as taking legal actions against you and/or your legal guardian for compensation. You shall assume all consequences arising from your actions, in the event of suspected activities carried out on the Platform by persons under the age of 18 with your User identity and Erium Exchange reserves the right to cancel or suspend your account, terminate the agreement, or discontinue operations with or without any notice, as well as taking legal actions against you for compensation.
Definitions
In this Agreement:
- Belize means All of the states of Belize.
- Belize ACCOUNT means Accounts which are controlled by one or more individuals/persons from Belize, held within the Belize or account and/or accounts held by Belize Entities outside the territory of Belize.
- PERSON FROM Belize Means
- Belizecitizens and/or Belizeresidents
- Companies, partnerships, and other entities established under the laws of Belize
- Property of the deceased who was a Belizecitizen and/or Belizeresident
- Institution and/or Institutions means:
- Which may be controlled and prosecuted by the laws of Belize
- Institutions or organizations which hold 50% or more of the Company's or its share capital owned by the Belize-related party and/or the majority of the members under its management.
- Erium Exchange meansErium Exchange with the registered address of 123 Barrack Road, Belize City, Belize.
- FIAT MONEY means The currency designated by the government and the state as the legal means of payment in the country by decree law, regulation or law.
- ICO MARKET means The platform where the tokens of sustainable ICO Projects which are filtered through the Erium Exchange Technical team, are easily and securely purchased on the Platform, and kept securely in Erium Exchange Cold Money Wallets without the need for third party Crypto Currency Wallets.
- AFFILIATES means Each of Erium Exchange and its shareholders, executives, employees, affiliates, contractors, agents, partners, insurers, and lawyers who have served or continue to serve the Platform.
- MONEY LAUNDERING “AML” LEGISLATION means Every law and other legal regulations which prohibit any action or attempt by the parties, such as money laundering, concealment or camouflage of identity or origin.
- CRYPTO CURRENCY means All digitally denominated currencies which are used to process transactions securely in a cryptographic manner. Crypto Currency is a cryptographic value representation which acts as a medium of exchange, account unit, value store, and other similar digital representations of assets or rights. It is not regulated and/or guaranteed by all jurisdictions and/or countries and does not have legal money status in all jurisdictions and/or countries.
- CRYPTO CURRENCY WALLET means Software for storing user-specified accounts and digital assets on Erium Exchange.
- HOT MONEY WALLET meansDigital assets held online.
- COLD MONEY WALLET means Digital assets stored in offline mediums for the purpose of taking precautions against possible cyber-attacks and similar dangers.
- USER means Natural or legal person who use the Services offered by Erium Exchange by becoming a member of the Platform.
- AVAILABLE BALANCES means Sum of the assets in the account of the User to place orders or pay commissions.
- FORCE MAJEURE means Natural disasters, fire, explosions, civil wars, wars, riots, state of emergency, civil commotions, declaration of mobilization, strikes, lockouts and pandemics, infrastructure and internet failures, power outages which are not under the control of the parties, and occurrences which arise without the fault or negligence of Erium Exchange.
- PLATFORM means The website consists of the www.Erium.Exchange domain name and the subdomain names connected to this domain name, and Erium Exchange applications which are available in the mobile application stores.
BANNED USER means
Natural or legal person whose name is determined in any commercial or economic sanction list published by national and international authorized institutions and organizations.
ANTI-CORRUPTION LEGISLATION means
International regulations, agreements and all national and international laws and secondary regulations prohibiting corruption, theft and bribery of government officials, commissions, incentives, institutions, organizations, and individuals, including the Prevention of Laundering Proceeds of Crime Law numbered 5549, Law on the Prevention of Financing of Terrorism numbered 6415, Law on the Prevention of Money-Laundering numbered 4208.
EriumSwap means
The system for swapping Digital Crypto assets.
SCHEDULED MAINTENANCE WORK means
Maintenance or update work which is carried by announcing to the Users priorly
TOTAL BALANCE AMOUNT means
The sum of the current market value (last trade price) of all the assets of the User.
ORDER means
An instruction to trade a selected asset for a certain amount and at a certain price.
OPEN ORDER means
A User-instructed however not filled order or an active (not activated and not filled) stop order.
Rights and Obligations of the Parties
By creating a CryptoCurrency Wallet on the Platform or by using any of the Services, the User declares and undertakes that she/he has read, understood, and fully accepted the Agreement which is updated and changed at certain intervals
The User undertakes that she/he acts on her/his own behalf and account, and not to act on the behalf of someone else.
Otherwise, the User accepts and declares that Erium Exchange shall not have any legal/criminal liability, including unauthorized, faulty transactions, unfair, unlawful use of third parties, fictitious, irregular, and similar transactions etc., and that it is entitled to terminate this Agreement unilaterally.
In the event that the User wishes to appoint a person as a representative with a power of attorney issued by a notary public and containing special authorization to use the rights arising from this Agreement, the representative may use these rights only with the prior consent of Erium Exchange. Such matters are entirely at Erium Exchange’s unilateral discretion. If Erium Exchange approves the power of attorney mentioned above, the User shall be liable for all the transactions and actions of this representative, and the results of these transactions and actions. In addition, dismissal or resignation of the representative must be notified in writing to Erium Exchange in advance by the User. In case of delay of this notification, the User shall bear all legal liabilities arising from the transactions until the date of the written notification.
By accessing and/or using Erium Exchange and any of its Services, the User declares and undertakes that her/his name or her/his representative is not on any commercial or economic sanction list.
Erium Exchange is entitled to choose its markets and jurisdictions to operate and to restrict and ban its services in any country without providing any reasoning. The contents of this Agreement cannot be excluded from the laws of the country and/or region where the User resides. Erium Exchange reserves the right not to allow Prohibited Users to access and use the Platform and its Services.
By endorsing this Agreement, the User agrees and undertakes to use the Platform solely for lawful purposes and to comply with all applicable and enacting legal regulations. Erium Exchange shall not be liable in any way for the User's actions if it is understood that the User has committed unlawful transactions and Erium Exchange shall have the right to take all necessary measures and to resort to any legal action.
The User accepts and declares that Erium Exchange may communicate with her/him through any of the contact information which she/he shared with Erium Exchange when creating the account, she/he shall notify Erium Exchange immediately if the contact information changes, otherwise all physical and electronic notifications and declarations shall be deemed to be made in accordance with the law and procedure. It is the User's responsibility to keep the e-mail address up to date, to notify Erium Exchange if it changes, set the e-mail address which Erium Exchange sends to as a trusted e-mail address to receive e-mails, and to check the Platform regularly for notifications. In case that the User is a legal person, the User shall be obliged to notify Erium Exchange of the electronic notification address and update it if necessary.
The User accepts and declares that she/he is solely responsible for the security, confidentiality, and protection of the password she/he creates for her/his Account and all other account information. Accordingly, it is recommended that the User use a difficult password, not share the Username and password with anyone, and not use the password used in the Platform on any other mediums. Erium Exchange may request password updates from the User, periodically. In case of such request, the User declares and accepts that she/he will update the password in accordance with this request. Erium Exchange shall not be responsible for the User’s inability to access the Platform for this reason.
Erium Exchange shall be entitled to close to trading orders, suspend, freeze, and close the User's account or accounts temporarily or permanently, without or with prior notice, in case of suspicious transaction attempts being detected by the stock exchange workflow and software security.
The User accepts to be bound by the maximum and minimum transaction limits which are predetermined by Erium Exchange and published on www.Erium. exchange. Erium Exchange reserves the right to periodically update and/or change the order limits to reflect the current state of the market and the value of assets.
The legal and criminal liability for all transactions and actions performed by the User by using the Services on the Platform is on her/him. Erium Exchange has no legal, administrative, criminal liability and User compensation liability.
Erium Exchange shall take the utmost care to ensure the security of the Crypto Currencies in the accounts held on behalf of the Users. Erium Exchange undertakes to ensure reasonable security of the User registered to the Platform. In this scope, Erium Exchange shall register members with a two-level email verification to ensure the security of the Users. Erium Exchange shall make reasonable endeavours in this scope. Savings of the Users are kept on the mediums which are independent of the Platform servers against any potential cyber-attacks. However, the User hereby accepts, declares and undertakes that Erium Exchange shall not have any liability in case of loss in the User’s savings as a result of a possible cyber-attack, and assumes the risk which may occur as a result of a possible cyber-attack.
In the Platform, software and contents are provided “AS IS” and Erium Exchange makes no representation or shall have no responsibility with regards to accuracy, completeness, or credibility thereof in this scope. Erium Exchange does not warrant an uninterrupted or error-free Platform experience. Although Erium Exchange’s intention is to provide 24/7 uninterrupted access to and use of Platform, Erium Exchange makes no warranties in relation to functionality or accessibility of systems where Platform is hosted. In case of a power outage, despite Erium Exchange taking all the administrative and technical measures for the security of the Platform, Erium Exchange shall not be held liable for any damages incurred by the User for this reason or due to unlawful acts etc.
The User accepts that access to the Platform may be hindered or interrupted from time to time. Erium Exchange shall have no liability whatsoever for such hindrances or interruptions or unauthorized access to Platform by third parties and any damages and loss suffered by the Users consequently.
Erium Exchange shall be authorized to assess all the investments of the User (TRY, Crypto Assets) and the User cannot claim any interest from Erium Exchange regarding such assets.
The User accepts that the collection and payment transactions for all services provided through Erium Exchange shall be carried out electronically with the bank residing in Belize.
Market Integrity
All transactions carried out through Erium Exchange are exact and irreversible, however, if required by any law or regulation or transactions fail due to technical error, Erium Exchange shall use all reasonable efforts to restore the User transactions to the state prior to the error.
Erium Exchange may cancel open orders due to Market Manipulation or transactions carried out by the Users who are abusing the Platform, erroneous transaction requests in terms of price, quantity and other parameters, and in situations in which Erium Exchange must suspend or cancel the User’s accounts due to obligations arising from any law and regulation, and technical problems.
Prohibitions
The Users of Erium Exchange cannot create multiple accounts. The User declares and accepts that she/he shall not make any claims to Erium Exchange in this regard.
Following the suspension or cancellation of the User account by Erium Exchange for any reason, it is prohibited to create or establish new account or accounts by the User with the same or different information. Erium Exchange reserves the right to cancel all User's accounts and to prevent the creation of new accounts if this is detected.
The User cannot transfer, sell, or make available her/his account and rights to third parties under any circumstances. In the event this is detected, Erium Exchange reserves the right to take all measures, including closing the User's account, with or without prior notice.
The User cannot use the Platform in violation of any law or regulation under any circumstances. The User accepts, declares and undertakes irrevocably that she/he is responsible for all legal and criminal liability arising from the use of the Platform in violation of law and legislation.
The User accepts, declares and undertakes that she/he shall not engage in activities that risk the security and integrity of the computer and network systems on which the Platform is hosted; use the Platform in a manner that prevents or harms the functionality of the Platform or any other systems in which the Services are provided or other Users using the Platform; provide unauthorized access to the computer systems on which the Platform is hosted or to other User accounts or other means beyond the scope of access granted to the Platform; transmit or upload any files or illegal content that may harm the Platform, Erium Exchange and third parties’ computer systems, devices and software.
The Users accept, declare, and undertake not to be both buyers and sellers of their orders at the same time.
All kinds of transactions which are prohibited by applicable laws are forbidden on the Platform. Person(s) from Belize and/or Person(s) who is/are deemed as the holder of an Belize account(s) shall not be accepted as finance buyers on the Platform and these persons and accounts are forbidden to invest, withdraw, trade and/or make any financial transaction by using their Crypto Currency Wallets.
The Users accept, declare, and undertake not to be both buyers and sellers of their orders at the same time.
The Users shall be prohibited of taking the following actions which may be constituted as market manipulation:
Deceiving or misleading other users.
Artificially controlling or manipulating the price or trading volume of an asset Aiding, abetting, financing, supporting, activating, or approving these transactions through Erium Exchange or outside the Platform.
Pre-working, money laundering, deceiving, creating an order block, filling an offer, and wash trading activities which has the same effect with market manipulation are also within the scope of the prohibitions regulated in article Compliance with Local and International Regulations and Laws It is the User's responsibility to comply with local laws including Money Laundering Legislation and Anti-Corruption Legislation regarding the legal use of Erium Exchange in local jurisdictions. All Users declare and undertake that their funds come from a legitimate source and do not result from illegal activities or are not engaged to any illegal activity.
The User undertakes that she/he has read and accepted all the statements regarding Crypto Currencies which are made and shall be made by public institutions and organizations such as the Financial Crimes Investigation Board of Ministry of Treasury and Finance of the Republic of Belize, the Banking Regulation and Supervision Agency, Capital Markets Board, The Central Bank of the Republic of Belize.
Erium Exchange is entitled to suspend, seize, or close the accounts and funds of Users who are legally pursued or who are within the scope of legal investigation, while maintaining the position of cooperating with International Legal Authorities.
Taxation
The User accepts and undertakes that she/he is aware of all aspects of taxation, withholding, collection, reports and the need to be referred to the appropriate tax authorities in the region where she/he lives, within the scope of local laws.
The Users shall be responsible for legal and tax liabilities related to the use of Crypto Currencies. Erium Exchange cannot be held responsible for the tax liabilities of the Users which consist of gains and losses.
Erium Exchange shall not be liable for violations by the User in respect of the obligation to calculate and pay taxes and related debts.
Pricing
Erium Exchange reserves the right to charge commission (service fee) from the User at a rate which is determined by Erium Exchange, for each purchase and sale transaction.
The Fees and Commission Chart is an integral part of this Agreement and the fee information for the Services provided shall be announced in the Fees and Commission Chart on the Platform. Erium Exchange is entitled to change these fees and rates. These changes take effect as soon as they are published on the Platform.
The User accepts, declares, and undertakes that the Crypto Currencies are subject to the current fees specified in the Fees and Commission Chart determined and applied by Erium Exchange in all transactions on or off the Platform.
Risk
The Risk Statement is an integral part of this Agreement and Erium Exchange defines, as a goodwill, the possible risks that the Users may encounter in the transactions they perform on the Platform.
Erium Exchange does not engage in investment advisory or portfolio management activities and does not offer any trading advice on the Platform. Erium Exchange shall not be responsible in any way for the trading transactions made by the User on a transaction platform other than Erium Exchange, and for the losses arising or which may arise from these transactions.
Erium Exchange is an intermediary Platform for the purchase and sale of Crypto Currency. Through the Platform, Users buy or sell Crypto Currencies to each other by auction or subtraction.
The prices on the Platform are determined by buyers and sellers, not by Erium Exchange. Erium Exchange shall not be held liable for any damages which arise or may arise from the damages and losses of the Users due to the changes in prices. The user accepts, declares, and undertakes that she/he shall not make any legal claims against Erium Exchange in this regard. If the User does not comply with this, the User shall be fully responsible for the attorney fees borne by Erium Exchange.
There are certain risks associated with investing in Crypto Currencies. The Users accept, declare, and undertake that they understand the risks of investing in Crypto Currencies upon acceptance and approval of this Agreement and that they shall not hold Erium Exchange liable for any loss or damage which is caused or may be caused by the investment.
Termination of the Agreement
In case the identity and other documents and information declared and submitted by the User are incomplete, inaccurate, or not up to date, Erium Exchange may request their correction and if the request is not met within the time stipulated by Erium Exchange, Erium Exchange may prevent the User from taking action, close the account of the User or terminate the Agreement unilaterally without any notice.
In the event that the identity and other documents and information declared and submitted are false, Erium Exchange may prevent the User from taking any action, close the account of the User or terminate the Agreement unilaterally and without any notice and any compensation.
Erium Exchange may terminate the Agreement immediately without obligation of compensation, if required by the amendments of legislation, legal regulations, and the provisions of this Agreement.
Erium Exchange may suspend the User’s access to the Platform in the event the User fails to comply with the provisions of this Agreement and the terms and conditions set forth in the Platform, the User's activities or any content included in the Platform, if any, constitutes a risk in terms of legal, technical and information security or harming the personal and commercial rights of third parties. This Agreement may be terminated by Erium Exchange without any notice and compensation if the violation is not remedied by the User despite the notification made by Erium Exchange.
Erium Exchange may terminate the Agreement and the User's access to the Platform without prior notice and indefinitely, in cases where there is a risk of information security and unlawful action, as expressly provided in the AML/CTF/KYC Policies.
The User hereby declares and undertakes that she/he shall not make any claims from Erium Exchange. In addition, Erium Exchange reserves the right to notify the legal authorized judicial and administrative authorities, if necessary.
In case the User wants to close her/his account, she/he shall be directed to the support section by clicking on the “Create a Request” section on the “Support” page on the Platform by filing out the form and selecting the account closure option and shall be entitled to deactivate her/his account and terminate the Agreement by filing out the form stating the reason for termination.
During the Force Majeure, Erium Exchange’s acquisitions are suspended. In case the force majeure lasts more than 2 (two) months, this Agreement may be terminated by the party whose rights stipulated in this Agreement are not met.
Amendments in the Agreement-Disputes
Erium Exchange reserves the right to amend, modify or update the Agreement at any time and without prior notice to the User. The User must check the Platform frequently to confirm that the copy and information of the Agreement is up to date and correct. If the User continues to use the Services after the date on which any update or amendment enters into force, the User shall be deemed to have accepted and undertaken the Agreement as amended and updated.
The invalidity, illegality and/or enforceability of any provision of this Agreement or any other statement contained in the Agreement shall not affect the validity and enforceability of the other provisions of the Agreement.
This Agreement and the other related documents are in English and the translation of this Agreement and other related documents in any language is available for the User’s convenience only. In case of any discrepancy or conflict, the English version of this Agreement and the other related documents shall prevail.
The laws of the Republic of Belize shall be applied to any dispute which may arise from the use of the Platform and/or regarding the terms and provisions in the Agreement and/or in connection with the content of the Platform, and Belize Courts and Enforcement Offices shall be exclusively authorized.
Loss-Damage
The User is responsible for the accuracy and confidentiality of the information she/he provided while signing up to the Platform and for the protection, updating, non-disclosure with third parties of the Username and password determined.
The User accepts, declares, and undertakes that she/he shall not make any claims to Erium Exchange for damages that may occur due to these reasons and that it irrevocably releases Erium Exchange.
Liability for any damages and losses arising or which may arise due to the User’s access and use of the Platform is on the User. Under this Agreement, Board Members, executives, and employees of Erium Exchange shall not be held liable for legal and criminal penalties for the commitments of Erium Exchange. The User accepts, declares and undertakes irrevocably that he/she shall not hold the aforementioned persons liable.
It is not technically possible for Erium Exchange to monitor where and for what purpose the Crypto Currencies purchased and sold on the Platform are transferred or to determine whether they are used in any offense, and that any legal and criminal liability arising from the abuse of such Crypto Currency transactions belongs to the respective User. Erium Exchange shall not be held liable for losses and damages incurred by the User or third parties due to such abuse.
Erium Exchange shall not be held liable for any damages that arise or will be arise from losses or damages of the Users due to the changes in the values and prices of all assets.
The User cannot claim any damages or losses from Erium Exchange in this regard. The User shall be responsible for any expenses, including the attorney fees, to be covered by Erium Exchange due to the legal disputes which may arise if the User claims damage or losses.
Erium Exchange shall not be held liable in any way for any technical failures that may occur on the Platform which are not within the scope of Erium Exchange’s liability.
Erium Exchange may cancel or revoke the transactions in order to correct the system and ensure its correct operation, in cases where transactions occur at unrealistic prices due to technical errors. During the cancellation, refund and revocation, these User accounts may be suspended, if any payment is made, the refund of the unfair payment can be requested. Erium Exchange shall be entitled to take any legal action regarding cancellation, refund and revocation requests which may arise in case of non-compliance with this article.
Pursuant to Article 79 of the United Nations Convention on Contracts for the International Sale of Goods; Erium Exchange shall not be liable for any damages that may arise if the deposit and/or withdrawal transactions are not carried out at all or if it occurs late.
Compensation
The User accepts and undertakes that she/he shall not claim any compensation from Erium Exchange in case of breaches in the cases mentioned in Article 10.1. Existing Crypto Currency assets of the User shall not be affected by these measures, provided that there is no legal restriction and upon the request of the User, they shall be returned to the User as soon as possible, subject to the return policy determined in the Fee and Commission Chart.
The User agrees, declares, and undertakes to indemnify all existing and subsequent damages resulting from the actions mentioned in Article 5.3 and therefore directly or indirectly damaging other Users and/or Erium Exchange.
In the cases mentioned in Article 10.5 and Article 10.6, Erium Exchange may terminate the Agreement immediately without obligation of compensation.
Regarding the Abuse, in any event, if Erium Exchange incurs a loss due to User’s activities mentioned in Article 12.3, the User causing such is obliged to compensate Erium Exchange for all damages.
The User accepts, declares, and undertakes that she/he shall be liable for compensation of all damages of Users and/or Erium Exchange incurred in the event of any actions as mentioned in Article 5.5
In the event that Erium Exchange is damaged as a result of the use of the Platform as mentioned in Article 5.4, the User accepts and undertakes to compensate such damages including judicial costs and attorney fees.
Erium Exchange shall exercise all right to compensation against the User in accordance with the breach referred to in Article 15.1 and Article 15.2. The User accepts, declares, and undertakes that all objection and claim rights are irrevocably waived in advance due to the implementation of this article.
Refund
Since Crypto Currency transfers are irreversible, transfer and transaction amounts accrued by Erium Exchange by request of the User or transaction are not possible to be refunded to the User. For any reason whatsoever, the User declares and undertakes that she/he irrevocably releases Erium Exchange and that the User has no right to request the refund of the amount of Crypto Currency which she/he has transferred and/or accrued to the wrong Crypto Currency Wallet.
Intellectual and Industrial Property
Erium Exchange is the owner of all services, domain names, software codes, interfaces, contents, product reviews, videos, algorithms, drawings, models, designs, logos, trade names, wordmarks and design marks and any other intellectual and industrial rights connected to Erium Exchange and its service (Excluding Erium Exchange Academy; with the exception of content and applications provided by third parties).
Unless otherwise stated, the User accepts and undertakes not to copy, display, or use Erium Exchange marks, products, and any other materials on the Platform without prior written consent.
The User accepts, declares, and undertakes that she/he shall not share anything which tarnishes Erium Exchange’s name and damages its commercial reputation by using the intellectual and industrial rights specified in the Article 15.1.
Unless otherwise stated, the User accepts, declares, and undertakes not to copy, display, use or share any visual or audio information of Erium Exchange Academy on any platform without prior written consent from Erium Exchange, and otherwise to be responsible for all legal and criminal liability.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
ENTIRE AGREEMENT
This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of the Terms) and every nature between us. Except as provided for above, any modification to these Terms must be in writing and must be signed by both parties.
NOTICES
Any notices or other communications provided by us under these Terms, including those regarding modifications to it will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your account and your use of the Services.
QUESTIONS OR COMMENTS
If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of Erium Exchange and our Services or any other matter please send us a message on our contact page.
