These terms include a crucial arbitration provision, as outlined in Article 10, "Resolving Disputes: Forum, Arbitration, Class Action Waiver." You must be aware that the values of Digital Currencies can fluctuate significantly, and there is a risk of economic losses when dealing with Digital Currencies. By using Zarclays Services, you acknowledge and agree:
These Terms establish a legal agreement and binding contract between you and Zarclays Operators.
Zarclays reserves the right to change or modify these Terms at any time. Changes will be communicated by updating the terms on the website and modifying the "Last revised" date on this page. Your continued use of Zarclays Services implies acceptance of the modified agreement and rules. It's recommended to review these Terms frequently.
By accessing and using Zarclays Services, you confirm that you are not listed on trade embargoes or economic sanctions lists. Zarclays reserves the right to restrict or refuse services in certain countries or regions.
As a significant part of the Zarclays Ecosystem, Zarclays primarily operates as a global online platform for Digital Assets trading. It offers Users a trading platform, financing services, technical support, and other Digital Assets-related services. While Zarclays strives to provide accurate information through its services, it does not guarantee accuracy, applicability, reliability, integrity, or appropriateness of the information and is not liable for any resulting loss or damage.
All Users must apply for a Zarclays Account before using Zarclays Services. You agree to provide accurate information when opening a Zarclays Account. Only one User can be registered at a time, but each individual User (including any User that is a business or legal entity) may maintain only one main account at any given time. Institutional Users can open subaccounts with the consent of Zarclays.
By registering, you represent that you meet eligibility criteria, have full legal capacity, and are not in violation of any laws and regulations. Some products and services may not be available in certain regions, and Zarclays may impose restrictions at its discretion.
Your registration implies your agreement to provide required personal information for identity verification. This information will be used for various purposes, including verifying identity, preventing financial crimes, and complying with legal requirements. You also authorize investigations to verify your identity and protect against financial crimes.
The Zarclays Account can only be used by the account registrant. Zarclays reserves the right to suspend, freeze, or cancel the use of Zarclays Accounts by persons other than the account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Zarclays immediately. Zarclays assumes no liability for any loss or damage arising from the use of Zarclays Account by you or any third party with or without your authorization.
Zarclays is committed to maintaining the security of User entrusted funds and has implemented industry-standard protection for Zarclays Services. However, individual Users' actions may pose risks. You agree to treat your access credentials (such as username and password) as confidential information and not disclose such information to any third party. You are also responsible for taking necessary security measures to protect your Zarclays Account and personal information.
Upon completion of the registration and identity verification for your Zarclays Account, you may use various Zarclays Services, including but not limited to Crypto-to-crypto Trading, Fiat Trading, contract trading, leveraged trading, Zarclays Savings services, staking, acquiring market-related data, research, and other information released by Zarclays, participating in User activities held by Zarclays, etc., in accordance with the provisions of these Terms (including Zarclays Platform Rules and other individual agreements).
Zarclays has the right to:
Provided that you constantly comply with the express terms and conditions stated in these Terms, Zarclays grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Zarclays Services through your computer or Internet-compatible devices for your personal/internal purposes. You are prohibited from using Zarclays Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms.
The content layout, format, function, and access rights regarding Zarclays Services should be stipulated in the discretion of Zarclays. Zarclays reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Zarclays Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use Zarclays Services. Therefore, you hereby agree that when you use Zarclays Services, Zarclays does not transfer Zarclays Services or the ownership or intellectual property rights of any Zarclays intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including HTML code), programs, software, products, information, and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Zarclays Services, are exclusively owned, controlled, and/or licensed by Zarclays Operators or its members, parent companies, licensors, or affiliates.
Zarclays owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as "Feedback") about Zarclays or Zarclays Services that you provide through email, Zarclays Services, or other ways. You hereby transfer all rights, ownership, and interests of the Feedback and all related intellectual property rights to Zarclays. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback or any modifications based on any Feedback.
When you use Zarclays Services, you agree and undertake to comply with the following provisions:
Without written consent from Zarclays, the following commercial uses of Zarclays data are prohibited:
Without prior written consent from Zarclays, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
You may not:
By accessing Zarclays Services, you agree that Zarclays has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
Upon completion of the registration and identity verification for your Zarclays Account, you may conduct Crypto-to-crypto Trading on Zarclays in accordance with the provisions of these Terms and Zarclays Platform Rules.
Upon sending an instruction of using Zarclays Services for Crypto-to-crypto Trading (an "Order"), your account will be immediately updated to reflect the open Orders, and your Orders will be included in Zarclays order book to match other users' Orders. If one of your Orders fully or partially matches another user's Order, Zarclays will execute an exchange (a "Transaction"). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize Zarclays to temporarily control the Digital Currencies involved in your Transaction.
For Orders initiated through Zarclays Services, you may only cancel them before they have been matched with other Users' Orders. Once your Order has been matched with another user's Order, you may not change, revoke, or cancel Zarclays authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. Zarclays reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, Zarclays may cancel the entire Order or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction-related fees payable to Zarclays are deducted as stated in paragraph (c) below).
You agree to pay Zarclays the fees specified in www.zarclays.com/en/fee/schedule. Zarclays may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize Zarclays to deduct from your account any applicable fees that you owe under these Terms.
In addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, Zarclays may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated Zarclays Platform Rules, such as One Cancels the Other (OCO) and block trade.
These rules govern your trading activities on Zarclays. Please review and abide by them.
To engage in Fiat Trading, open an account on Zarclays OTC platforms after registering and verifying your identity. Zarclays UAB in Lithuania handles transactions and is governed by Lithuanian law.
Before participating in Futures Trading, you must sign a separate agreement with Zarclays and set up a Collateral Account after verifying your identity. Understand the risks, including potential losses due to market fluctuations and leverage.
Similar to Futures Trading, carefully consider the risks of Options Trading. Read and follow the relevant Zarclays Platform Rules. Always consult professionals for informed decisions.
Margins Trading involves high risk. Be aware of market dynamics and the potential for major gains or losses. Always ensure you have enough assets and be prepared for potential liquidation in case of insufficient funds.
It's your responsibility to manage your account and trading activities. Always be aware of your position status and risks associated with digital assets and Zarclays Services.
Margins Trading is high-risk. You accept the responsibility of leveraging your trades, which can result in significant gains or losses.
Please note that during Margins Trading:
To begin Margins Trading:
Always conduct your Transactions, Margins Trading, and borrowing with caution, taking full responsibility for your actions. Zarclays is not liable for any losses resulting from the use of their services.
To borrow digital currencies, you need to sign a Lending Services User Agreement with Zarclays and set up a Collateral Account after verifying your identity. Understand the risks involved and provide necessary information for identity verification.
Use Zarclays Savings to earn interest on your digital assets. You must agree to the Zarclays Savings Service User Agreement, open a Zarclays Savings service account, and ensure the legitimacy of your digital assets. Be aware of the associated risks and investment decisions.
Participate in Staking Programs for specific digital currencies. These programs are free, but there are no guaranteed proceeds. Zarclays may modify or terminate Staking Programs at its discretion. Ensure the legality of your digital assets.
Use Zarclays POS service to earn proceeds from idle cryptocurrency assets. Understand the risks, agree to the platform's rules, and ensure the legality of your assets. Zarclays reserves the right to suspend or terminate the service. Be aware of potential delays due to technical factors.
Zarclays offers its services, materials, and products "as is" and "as available." Zarclays disclaims all warranties, including merchantability, fitness for a particular purpose, or non-infringement. Zarclays does not guarantee accuracy, completeness, or error-free services.
Zarclays will not be liable for losses related to inaccuracies in data, transmission errors, service interruptions, or damages caused by other users' actions or third parties. Additional disclaimers may apply per Zarclays' rules.
Zarclays, its affiliates, and their respective parties will not be liable for indirect, special, punitive, or consequential damages related to their services. This limitation does not apply in cases of gross negligence, fraud, or intentional violation of the law.
Note that some jurisdictions may not allow the exclusion or limitation of certain damages.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF Zarclays, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF Zarclays AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF Zarclays SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO Zarclays UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You must indemnify and hold Zarclays Operators and affiliates harmless from claims related to your use of Zarclays Services, breaches of these Terms, or violations of laws. Zarclays reserves the right to control actions or proceedings in such cases.
Official announcements, news, and promotions can be found at Zarclays Announcements. Users are responsible for staying informed, and Zarclays is not liable for losses due to neglecting announcements.
1. Suspension of Zarclays Accounts
Zarclays may suspend or lock your account and freeze assets for various reasons, including suspected violations or unusual activity.
2. Cancellation of Zarclays Accounts
Zarclays can terminate your account in cases such as false information, refusal of amended terms, or user requests. Account termination retains data for 5 years. Zarclays may place administrative holds on disputed funds.
3. Remaining Funds After Zarclays Account Termination
Once your Zarclays Account is closed, the remaining balance, including charges and liabilities, becomes immediately payable to Zarclays. After settling outstanding charges, you have 5 business days to withdraw any remaining Digital Assets or funds from your account.
4. Termination Due to Fraud or Violation
In cases of fraud, law violation, or violation of these Terms, Zarclays retains custody of Digital Assets, funds, and user data. These may be provided to governmental authorities during investigations.
Zarclays is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using Zarclays Services. No communication or information provided to you by Zarclays is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you according to your personal investment objectives, financial circumstances, and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Zarclays does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell, or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Zarclays will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Zarclays.
It is Users’ responsibility to abide by local laws in relation to the legal usage of Zarclays Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws, all aspects of taxation, the withholding, collection, reporting, and remittance to their appropriate tax authorities. ALL USERS OF ZARCLAYS SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT ZARCLAYS WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. Zarclays maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
1. Notice of Claim and Dispute Resolution Period. Please contact Zarclays first! Zarclays wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Zarclays, then you should contact Zarclays and Zarclays will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Zarclays, then you agree to set forth the basis of such claim in writing in a "Notice of Claim," as a form of prior notice to Zarclays. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Zarclays account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Zarclays. After you have provided the Notice of Claim to Zarclays, the dispute referenced in the Notice of Claim may be submitted by either Zarclays or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to Zarclays for resolution internally and the delivery of a Notice of Claim to Zarclays are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Zarclays shall not be disclosed to the arbitrator.
2. Agreement to Arbitrate and Governing Law. You and Zarclays Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and Zarclays (and/or Zarclays Operators) arising in connection with or relating in any way to these Terms or to your relationship with Zarclays (and/or Zarclays Operators) as a user of Zarclays Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and Zarclays Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope, or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms.
Arbitration Rules. The arbitration shall be subject to the Nigerian Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by this Section. The arbitration will be administered by the any Arbitration Centre chosen by Zarclays. Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the Arbitrator's Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED.
Time for Filing: ANY ARBITRATION AGAINST ZARCLAYS OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the Arbitrator in accordance with the arbitration Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Zarclays is up-to-date and accurate.
Seat of Arbitration: The seat of the arbitration shall be Nigeria. Place of Hearing: The location of any in-person arbitration hearing shall be Nigeria, unless otherwise agreed to by Zarclays. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Nigeria.
Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders, or awards made in the arbitration (together, the "Confidential Information") shall not be disclosed to any non-party except the tribunal, the Arbitrator, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
3. Class Action Waiver. You and Zarclays agree that any claims relating to these Terms or to your relationship with Zarclays as a user of Zarclays Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Zarclays further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including Zarclays.
5. Severability. If any portion of these Terms is adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable, and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law, pending closure of your account.
1. Independent Parties. Zarclays acts as an independent contractor rather than an agent, forming no partnership, joint venture, or franchise with you.
2. Entire Agreement. These Terms serve as the comprehensive agreement governing your use of Zarclays Services, supplanting all prior written or oral agreements. No customary trade practices can modify or interpret these terms.
3. Interpretation and Revision. Zarclays retains the right to modify these Terms at any time, with changes taking immediate effect upon publication on Zarclays websites. It is your responsibility to regularly check our websites or applications for the latest version of these Terms. If you disagree with any modifications, your only recourse is to discontinue using Zarclays Services and close your account. Zarclays is not liable for modifications, terminations, suspensions, or account closures made by you or any third party, unless expressly stated in these Terms.
4. Force Majeure. Zarclays will not be held accountable for any delays or failures to perform due to causes or conditions beyond its reasonable control.
5. Severability. If any portion of these Terms is declared invalid or unenforceable, such a ruling will not affect the remaining provisions, which will remain in full force and effect. The invalid or unenforceable portion will be given effect to the greatest extent permitted by law.
6. Assignment. You may not transfer your rights or obligations under these Terms without prior written consent from Zarclays, including any obligations related to legal enforcement or change of control. Zarclays may assign its rights or obligations under these Terms without notice or obtaining your consent.
7. Waiver. The failure of one party to enforce any provision will not waive their right to enforce it later. A waiver of a violation by one party will not waive their right to enforce any subsequent breach or violation by the other party or the provision itself.
8. Third-Party Website Disclaimer. Links to third-party websites from Zarclays Services do not indicate endorsement by Zarclays. Zarclays does not guarantee the accuracy of information on third-party websites. Zarclays is not liable for any losses resulting from the use of third-party products and services. Since Zarclays has no control over the terms or privacy policies of third-party websites, you should carefully review and understand those policies.
9. Matters Related to Apple Inc. If you use Apple Inc. devices to engage in commercial activities or reward programs through Zarclays Services, these activities and programs are provided by Zarclays and are not associated with Apple Inc. in any way.
10. Contact Information. For more information about Zarclays, please refer to the company and license information on Zarclays websites. If you have questions about these Terms, feel free to contact Zarclays for clarification through our Customer Support team at [email protected].