FoloSwap Terms and Condition

The Platform

1. The website Foloswap, and mobile applications, (collectively "Platform") is owned, operated and controlled by (Company name), trading as Foloswap, who along with its associated entities, and each of their directors, affiliates or employees (as appropriate) are referred to as “we”, “us” or “our” in these Terms of Use.

2. The Platform provided and operated by Foloswap allow buyers and sellers to convert, buy, sell and trade digital currency. “Foloswap” may also refer to the services, website, mobile applications, content, products, or any other services provided by Foloswap (collectively “Services”).

3. By opening an account to use the Services provided by Foloswap, you expressly represent and warrant that you have accepted our Terms of Use, and any additional terms and conditions displayed on the Platform (including without limitation our Privacy Policy) as they apply from time to time.

4. We grant you a non-exclusive, revocable, non-transferable license to use the software on a server controlled by us for the sole purpose of accessing and obtaining the material on the Platform.

5. We may amend, modify, add to or delete these Terms of Use at our discretion and those amendments, modifications, additions or deletions apply to your use of the Platform and Services as soon as they are displayed on the Platform (whether or not you are aware of those amendments, modifications, additions or deletions). All subsequent transactions with you will be subject to the amended and most current Terms of Use.

6. Your eligibility and use of our Platform and Services is dependent upon your country of residence. The Services provided by Foloswap are limited to the following jurisdiction: Australia.

Risks of Trading and Holding Crypto or Digital Currencies

7. The trading or holding of coins, tokens, crypto, digital currency, or digital assets of the like (collectively "Coins") involves significant risks and the losses can be substantial. You should carefully consider and assess whether trading or holding of Coins is suitable for you depending upon your financial circumstances and tolerance to risk.

8. Coins such as Bitcoin and Ether are unlike traditional currencies, goods or commodities in the market and are subject to exceptional risks. Unlike other traditional forms of currency, Coins are decentralized and are not backed by a central bank, government or legal entities and remains unregulated. As such, the value of Coins may swing depending upon the market, confidence of investors, competing currencies, regulatory announcements or changes, technical problems, or any other factors.

9. Due to the significant risks of trading Coins as well as the impact of technology and the international market, Foloswap cannot warrant or guarantee that Coins will be available on our Platform and Services. Foloswap reserves the right to stop offering trades in relation to Coins on our Platform and Services. We will use our reasonable endeavors to notify you if we cease to support trading in particular Coins. If this is the case, you will not be able to convert Coins into any other currency, however you will be given the option to move the Coins to another user, platform or third-party website.

Your Obligations

10. You must not:

Engage in any restricted or criminal activities, including but not limited to:

Terrorist financing.

Money laundering.

Illegal gambling.

Distributing or funding drugs and drugs paraphernalia.

Malicious hacking.

Knowingly or recklessly provide us with inaccurate or incomplete information through the Platform.

Use Foloswap’s Platform and Services for the purpose of obtaining, processing, distributing, viewing, assessing, analyzing, copying or replicating any information, methods or processes related to the Platform (including without limitation by way of data scraping, the use of collection or accumulation tools and robotic or scripted responses).

Reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Platform’s source code, formulas or processes.

Interfere with the security of the Platform or the safe use of the Platform by others (including without limitation by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users).

Use this Platform for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);

Knowingly or recklessly use and/or take advantage of a technical or technological error, loophole or glitch on Foloswap’s Platform and Services;

Use the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;

Use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform;

Trading and Using Your Foloswap Account

11. Foloswap will use its best endeavors to ensure that it meets its deposit and withdrawal timeframes. From time-to-time factors outside of Foloswap’s control may lead to delays. You acknowledge that Foloswap is not responsible for any losses that occur due to delays in processing deposits or withdrawals.

12. By using Foloswap’s Platform and Services, you acknowledge that Foloswap is not responsible for any delays you may experience in sending and transferring Coins to and/or from Foloswap’s Platform to other platforms, websites, users or wallets. These delays may be due to issues beyond Foloswap’s control, including issues with third party websites and platforms, wallets, congestion of the blockchain and Foloswap moving Coins into a secure storage vault or platform.

13. In addition to buying, selling, converting and trading Coins, you are only permitted to send your Coins to another user, platform, website or to your personal wallet. Due to the evolving nature of the technology, any technical issues regarding the blockchain and use of the network are beyond Foloswap’s control and Foloswap reserves the right to cancel transactions you have initiated which are delayed beyond a reasonable time or lapse due to time delays. In such circumstances, you may need to execute the transaction again or at another time.

Conversion Services and Fees

14. A conversion fee applies to all transactions where Coins are purchased, sold or traded.

15. By using the Foloswap Platform, you accept the conversion rate and acknowledge that we may adjust our conversion fees at any time. Foloswap will notify you of the conversion fees that apply to your transaction at the time of the transaction.

16. We may delay, suspend or cancel a conversion transaction if we believe the transaction may be subject to illegal activity, fraud, including but not limited to the activities outlined in clause 13.

17. We reserve the right to delay, suspend or cancel a trade or transaction if there are technical reasons that prevent us from completing the transaction, or if Foloswap is unable to execute the transaction. This may be subject to reliance on a third party supplier, where we have reasonable belief that the trade is subject to illegal activity or fraud, technical difficulties or subject to a law enforcement action.

Termination

Foloswap may suspend, limit, restrict, deactivate or terminate your access to Foloswap’s Platform and Services, including your Foloswap account, if:

1. You gain or attempt to gain unauthorized access to the Platform or another Foloswap member’s account;

2. There is a technical or operational difficulty;

3. You use the Foloswap Platform in order to perform illegal or criminal activities;

4. Your use of the Foloswap Platform is subject to any pending investigation, litigation or government proceeding;

5. You fail to pay or fraudulently pay for any transactions;

6. We are unable to support your use;

7. You breach any terms of this Terms of Use Agreement or Privacy Policy; or

8. Foloswap receive a request from a law enforcement or government agency to do so.

You may cancel your Foloswap account at any time, following the settlement of any pending transactions or trades. You will not be charged any fees for cancelling your Foloswap account, however you must pay any outstanding amounts owed to us.

Indemnity

18. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Foloswap (and each of its associated entities, directors, officers, affiliates, employees, service providers, members, representatives and agents, collectively the “Indemnified Parties”) from and against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, penalties, fines, expenses and costs (including reasonable legal costs awarded by a court) which arise out of or relate to:

9. your conduct and use of our Platform and Services;

2. your breach of these Terms of Use, Foloswap’s Privacy Policy;

3. your breach of any law, regulation or rule;

4. your violation or breach of Foloswap’s copyright, intellectual property, trade secrets, patents, trademarks, service marks or any other proprietary right under law;

5. any information that you provide to us via our Platform and Services; or

6. any damage that you may cause to our Platform and Services, to any Foloswap user or any other person or entity.

This indemnity includes without limitation, liability relating to intellectual property rights, defamation and breaches of privacy.

Liability

19. To the maximum extent permitted by law, Foloswap does not guarantee the quality, performance or fitness for purpose of the Platform and Services or the completeness, accuracy or currency of statements, representations and information of others (including without limitation data, reports and analyses) provided via the Platform and Services and Foloswap will not be liable to any person or entity for any direct, indirect, consequential or other loss, damage, liability, claim or expense (however caused, including due to negligence or breach of contract) which may arise out of, or in connection with, the use of the Platform and Services or the use of or reliance on information contained on or linked to the Platform and Services.

20. To the maximum extent permitted by law, the total aggregate financial liability of the Indemnified Parties to you, whether in contract, tort or statutory liability or otherwise, is limited to supplying the Platform and Services again or payment of the cost of having the Platform and Services supplied again.

21. We do not provide any warranty in relation to your use of Foloswap’s Platform and Services and we do not provide any warranty that the information displayed on our Platform and in relation to the Services is up-to-date, accurate or complete. Foloswap’s Platform and Services does not provide information to evaluate whether or not you should invest, use and trade in Coins. We give no warranties, guarantees or accept any liability (except that which cannot be excluded by law) in relation to the statements, representations and information of others (including without limitation data, reports and analyses) displayed on our Platform and in relation to the Services.

22. You should independently satisfy yourself as to the information provided through Foloswap’s Platform and Services. You agree to use Foloswap’s Platform and Services at your sole risk and at an “as is” basis.

Use of our Platform and Services

Security

23. The transmission of information over the Internet (including to or from the Platform) is not completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this Platform may not be secure and you should use discretion in deciding what information you send to us via these means.

24. Emails to and from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

25. You acknowledge that you use the Platform and Services (and obtain and transmit data to it) entirely at your own risk, that it is provided on an ‘as is’ basis and that we do not make any representations or warranties as to the security, availability of our Platform and Services or that your access or use will be uninterrupted, timely or secure.

Linking and Framing

26. This Platform may contain links to other websites (Third Party Website) and may display content or information from other websites within frames on this Website (Third Party Content). When you click on those links or access Third Party Websites through the Platform, we may earn a payment as a result of that advertising or that referral.

27. We are not responsible or liable for the Third Party Website, any Third Party Content nor for any infringement of third party intellectual property rights as a result of hosting links to Third Party Websites and Third Party Content on the Platform.

28. We do not warrant the accuracy, currency or suitability for any purpose of the Third Party Websites or Third Party Content nor do we endorse the offers, products or services which they promote.

29. All statements, representations, offers, products or services provided through Third Party Websites and Third Party Content are the sole responsibility of the operator of the Third Party Website or the author of the Third Party Content and in so far as such links to Third Party Websites or Third Party Content are hosted on the Platform they are done so at the request of the operator or author for the purposes of promoting their offers, products and services. Except where expressly stated otherwise, we do not act as agent, representative, partner or in any other capacity on behalf of such operator or author.

Cookies

30. We may use cookies to identify your computer on our server and so we can track your use on our Platform. In some instances cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.

Intellectual Property

31. All information, graphics, data, prices, charts, video, audio and any other material (Platform Material) displayed on or available on the Platform, and all the underlying source code and software, is owned or used under license by us, except where expressly stated in these Terms of Use or elsewhere on the Platform.

32. This Platform, all Platform Material and any intellectual property which vests in either of them is protected by copyright. You may download and print content from this Platform for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of information on this Platform without our prior written consent or otherwise do anything which would infringe our intellectual property rights in the Platform or the Platform Material.

33. All trademarks, registered trademarks, product names, logos and company names mentioned on this Platform are either owned by us or are displayed under licence or with permission from the owner. Those third-party marks, logos and names remain the property of their respective owners.

34. Reference on the Platform to any companies, products, services, branding, offers or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or the respective trademark owner.

The Terms of Use published on the date you view them on the Platform supersede all prior versions.

If any provision of the Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Terms of Use will be in full force and effect.