By using this website (“Site”), registering for a Castletrades account (“Account”) or using any other services, products, data, content or other material available through the Site (“Services”) and provided by Castletrades Ltd (“we”, “us”, “our”), you (“you, your, or yourself”) are agreeing to accept and comply with the terms and conditions of use stated below (“Terms of Use” or “Terms”). You should read the entire Terms of Use carefully before using this Site or any of the Services.
These Terms of Use were last updated on March 15, 2022. Castletrades reserves the right to change, add or remove parts of these Terms at any time and at its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site and the Services following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.
Castletrades Limited is incorporated in England and Wales with the company number 8157033 and with its registered office at 5 New Street Square, EC4A 3TW London, United Kingdom (“Castletrades”).
The Services allow registered users of the Services (“Members”) to:
Depending on your country of residence, incorporation or registered office, you may not be able to use all the functions of the Site or Services. It is your responsibility to follow the rules and laws in your country of residence and/or country from which you access this Site and the Services. As long as you agree to and comply with these Terms of Use, Castletrades grants you the personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Services. .
All our Services are provided without warranty of any kind, either express or implied, and, in particular, without implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that the Services as well as the Site will be available 100% of the time to meet your needs. We will strive to provide you with the Services as soon as possible, but there are no guarantees that access will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
We will use reasonable endeavours to ensure that the Services and the Site can be accessed by you in accordance with the present Terms of Use. However, we may suspend the use of the Site and Services for maintenance and will make reasonable efforts to give you a prior notice of this. You acknowledge in this context that this may not be possible in case of an emergency, and accept the risks associated with the fact that you may not always be able to use the Services and the Site, or carry out urgent transactions using your Account
By opening an Account, you expressly represent and warrant:
The creation and use of your Account are subject to verifications, as required by statutory and regulatory obligations incumbent on us. You agree to provide us with the information we request for the purposes of identity verification, compliance with know-your-customer rules, as well as detection of money laundering, terrorism financing, fraud or any other financial crime. The requested information may include Personal Data (please refer to our Privacy Policy). By providing us with the information we request, you confirm that it is true and accurate, and agree to inform us in case of change concerning such information. Your Account will be blocked until we are satisfied with the information you have provided and determine in our sole discretion that it is sufficient to validate your Account. In the meantime, you will not be allowed to terminate your Account or request the deletion of the Personal Data processed in the course of verification operations.
We expressly reserve the right to cancel and/or terminate Accounts that have not been verified by the Member despite efforts made in good faith by us to contact you to obtain such verification (“Unverified Accounts”). All Unverified Accounts which have been inactive for a period of 6 months or more are further subject to transfer to a third-party escrow (the “Unverified Escrow”), and will no longer be maintained or under our legal responsibility. The administrator/trustee of the Unverified Escrow shall make any and all additional reasonable efforts required by law to determine and contact each Unverified Account owner and, after suitable effort and time has been expended, we may be required to convert the residual Virtual Assets or other Digital Assets into fiat and send it to a national authority responsible for the safekeeping of such funds
Keep Your Information Up-to-Date
We are vigilant in maintaining the security of our Site and the Services. By registering with us, you agree to provide Castletrades with current, accurate and complete information about yourself, including, for legal entities, information on directors, key personnel and beneficial owners, as well as company resolution to open the Account, as prompted by the registration process, and to keep such information updated. If you are an individual, you further agree that you will not use any Account other than your own or access the Account of any other Member at any time or assist others in obtaining unauthorised access.
The creation or use of Accounts without obtaining our prior express permission will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and we may elect to take further action against you.
Maintain the Confidentiality of Your Account Information
You are also responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own Virtual Assets and Digital Assets, and all activity including Transactions that are posted to your Account (including all Instructions to Castletrades). Any actions on the Site, transactions, orders, Instructions and operations initiated from your Account or using your password are (1) considered to have been made by you and (2) irrevocable once validated using your password or made through your Account. If there is suspicious activity related to your Account, we may, but are not obligated to, request additional information from you, including authenticating documents, and freeze any transactions pending our review. You are obligated to comply with these security requests or accept the termination of your Account. You are required to notify Castletrades immediately of any unauthorised use of your Account or password, or any other breach of security, by email to support@Castletrades.net . Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by Castletrades or any user of the Site and Services.
You acknowledge that you will only credit your Castletrades Account from a bank account that is in your own name and that you will instruct payments from your Castletrades Account only to a bank account that is in your own name.
We reserve the right to cancel transfers which are made by or sent to third parties.
Keep Your Virtual and Digital Assets Safe
Castletrades’s role is limited to providing you with a platform via the Services under which we act solely as a service provider, as your agent and in accordance with your Instructions for the management and transfer of Virtual Assets and other Digital Assets.
We do not store any Virtual Assets or other Digital Assets directly, but where you Instruct us to arrange for any Virtual Assets or other Digital Assets owned by you (including any bought on your behalf) to be held until we receive further Instruction from you to sell or transfer them (with any deposit of Digital Assets and/or Virtual Assets being deemed to be such an Instruction), we will, acting on your behalf, appoint one or more third-parties as a custodian and to hold the relevant Virtual Assets or other Digital Assets as a custodian in accordance with our agency authority (see below).
The custodian services will be provided on terms that apply directly between the custodian(s) and you, and form an integral part of these Terms of Use. By agreeing to these Terms of Use you acknowledge and agree with custodial services terms available here and here, wherein the latter terms apply to you only if you have requested service(s) provided by that custodian at least once (e.g. having Virtual Assets or other Digital Assets held by that custodian on your Account; the list of supported Virtual Assets or other Digital Assets by that custodian is available here). Castletrades does not directly provide, charge for and is not responsible for, custodian services. Any issues you have relating to custodian services should be taken up by you with the custodians, however, we may, on your behalf, provide assistance in accordance with our agency authority (see below).
Notwithstanding the direct custodial relationship between the custodian(s) and you, if for any reason Castletrades is held or declared to have any legal or beneficial interest in your Virtual Assets or other Digital Assets, Castletrades will hold on trust for you all such right title and interest which Castletrades is held or declared to have and will not transfer or sell any Virtual Assets or other Digital Assets other than in accordance with your Instructions (which includes any instructions mandated by law, regulatory authority or enforcement agencies).
In order for us to manage the Site, provide the Services and create a direct relationship between you and the third-party custodian(s) to hold the relevant Virtual Assets or other Digital Assets as custodian on your behalf, you appoint Castletrades as your agent with a perpetual and irrevocable (other than in the event of Account termination) agency authority to act as your agent to:
By agreeing to these Terms of Use you acknowledge and agree that in doing so, you instruct us on an irrevocable ongoing basis to undertake all of the above-mentioned actions on your behalf. You cannot revoke this ongoing Instruction by closing your Account, in which case it will lapse only when your Account is closed.
As a result of this limited agency relationship, we do not, and you agree that we do not, have or acquire any rights, title or interest in any Virtual Assets or other Digital Assets that are held on your behalf by the third-party custodian(s).
We are not an intermediary, do not acquire any rights, title or interest in, and do not assume and have no rights or control over any Virtual Assets or other Digital Assets or any other Member assets other than in respect of actions taken in accordance with our agency authority and your Instructions. As a result, we will not transfer or sell any Virtual Assets or other Digital Assets other than in accordance with your Instructions (which includes any instructions mandated by law, regulatory authority or enforcement agencies).