Native Exchange Disclaimer
- This service allows you to exchange fiat currency for cryptocurrency and is offered for your convenience by our network of Third-Party Service Providers.
- Infinito is not directly involved in any transaction between you and the Third-Party Service Provider and does not at any time hold custody of your crypto assets.
- The cryptocurrency amount quoted is based on the current rate and is not final. If the rate changes by more than +/-2.5% you will be asked to reconfirm the transaction via email from the Third-Party Service Provider.
- Cryptocurrency transactions are irreversible. Refunds after a successful purchase are not possible.
- The service fee amount is 6% of the transaction cost or $12, whichever is higher.
Service Provider: SimplexCC Ltd (“Simplex”)
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICE IS INTENDED FOR TRANSFERRING FIAT PAYMENTS TO EXCHANGE(S) IN CONSIDERATION FOR CRYPTOCURRENCIES AND TRANSFERRING CRYPTOCURRENCIES TO THE EXCHANGE IN CONSIDERATION FOR FIAT PAYMENTS. INFINITO IS NOT THE OPERATOR OF SUCH EXCHANGE(S), NOR IS IT THE PROVIDER OF ANY GOODS OR SERVICES (INCLUDING CRYPTOCURRENCY) NOT EXPLICITLY DETERMINED TO BE PROVIDED BY IT HEREUNDER.
INFINITO IS NOT IN ANY WAY RESPONSIBLE FOR THE CONDUCT OR BEHAVIOUR OF ANY EXCHANGE OR OTHER THIRD PARTY SERVICES (AS DEFINED HEREUNDER) OR ANY USERS THEREOF AND/OR OF THE SERVICE, NOR IS IT RESPONSIBLE OR INVOLVED IN ANY WAY WITH ANY TRANSACTION OR TRANSFER OF ANY RIGHT TO, OR LEGAL OWNERSHIP OF, ANY CRYPTOCURRENCY OR FIAT CONSIDERATION WHATSOEVER. INFINITO SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY DAMAGE OR LOSS THAT MAY RESULT FROM YOUR OR ANY OTHER USERS’ USE OF THE SERVICE, ANY EXCHANGES AND/OR THIRD PARTY SERVICES, AND/OR FOR ANY SUBSEQUENT USE OF ANY MONEYS OR CRYPTOCURRENCIES DEPOSITED AND/OR TRANSFERRED BY YOU THROUGH THE SERVICE, INCLUDING FOR ANY THIRD PARTY CONTENT DISPLAYED, MAINTAINED, TRANSMITTED OR LINKED BY OR IN CONNECTION WITH THE SERVICE.
INFINITO DOES NOT IN ANY WAY ENDORSE ANY APPLICATION, PRODUCT, GOOD, SERVICE OR ADVERTISEMENT WHICH MAY BE MENTIONED OR OTHERWISE PRESENTED OR LINKED ON, THROUGH AND/OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR ANY EXCHANGE, THIRD PARTY SERVICES AND/OR CRYPTOCURRENCY.
INFINITO WILL NOT BE RESPONSIBLE FOR THE CONTENT, EXCHANGE RATE, QUALITY, RELIABILITY, USABILITY, OR THE LEVEL OF SERVICE PROVIDED BY THE EXCHANGE AND WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE ANY GOODS OR SERVICES OFFERED BY AND/OR THROUGH THE EXCHANGE, INCLUDING BY OTHER USERS OF THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. RISKS AND DISCLAIMERS
PLEASE READ THE ENTIRETY OF THIS “RISK AND DISCLAIMERS” SECTION CAREFULLY. NOTHING HEREIN CONSTITUTES LEGAL, FINANCIAL, BUSINESS OR TAX ADVICE AND YOU SHOULD CONSULT YOUR OWN LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVISOR(S) BEFORE ENGAGING IN ANY ACTIVITY IN CONNECTION HEREWITH. Infinito Wallet, through the integration of Third-Party Service Providers, facilitates the exchange of various digital assets (also called a "cryptocurrency", "virtual currency", "digital currency", or "digital commodity"), such as bitcoin or ether, which is based on the cryptographic protocol of a computer network that may be (i) centralised or decentralised, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value, ("Digital Asset"). You acknowledge and agree that there are numerous risks associated with trading Digital Assets, holding Digital Assets or participation in various virtual currency ecosystem. In the worst-case scenario, this could lead to the loss of all or part of the Digital Assets which had been exchanged.
If you decide to use the exchange services offered by Third-Party Service Providers, you expressly acknowledge, accept and assume the following risks:
• The price and liquidity of Digital Assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future;
• International legislative and regulatory changes or actions may adversely affect the use, transfer, exchange, and value of Digital Assets;
• In your jurisdiction, the usage of these services may be prohibited by local laws;
• Digital Assets in your Infinito Wallet are not subject to deposit insurance protection;
• Transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
• Some Digital Asset transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction;
• The nature of Digital Assets may lead to an increased risk of fraud or cyber-attack, and may mean that technological difficulties experienced by Infinito or Third-Party Service Providers may prevent the access to or use of your Digital Assets;
• The value of Digital Assets may be derived from the continued willingness of market participants to exchange fiat currency or Digital Assets for Digital Assets. Under certain market conditions, you may find it difficult or impossible to liquidate a position.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that Infinito does not give advice or recommendations regarding Digital Assets, including the suitability and appropriateness of, and investment strategies for, Digital Assets. You agree and understand that you access and use these services at your own risk; and this section is unable to and does not purport to disclose exhaustively all of the risks associated with Digital Assets and using these services. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources. You should be aware that you may sustain a total loss of Digital Assets in your Infinito Wallet.
2. NO ADVICE; NON SOLICITATION
You agree and understand that Infinito does not provide legal, tax, or investment advice, and to the extent you deem necessary, you will consult with qualified professionals in your own jurisdiction prior to using Infinito or implementing any financial plan.
You agree and understand that all Orders received through and by Infinito are considered unsolicited, which means that you have not received any investment advice from us or any Third-Party Service Provider in connection with any Orders you place, and that we do not conduct a suitability review of any Orders you place. You also agree and understand that you have not and do not expect to receive any investment advice from us nor any of our affiliates in connection with your Orders.
3. INVESTMENT ADVICE
All exchanges conducted through Infinito Wallet are executed directly with the Third-Party Service Provider, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You agree and understand that we accept no responsibility whatsoever for, and shall in no circumstances be liable to you in connection with, your decisions relating to the use of these services. You agree and understand that under no circumstances will the operation of Infinito Wallet and your use of Infinito Wallet be deemed to create a relationship that includes the provision of or tendering of investment advice.
4. SOPHISTICATED INVESTING
You agree and understand that by using Infinito Wallet and placing Orders, you have sufficient knowledge to place such Orders. You are responsible for making sure that any Orders placed by you are accurate and intentional.
5. DISCLAIMER OF WARRANTIES
For the avoidance of doubt, neither we nor any Third-Party Service Provider are giving investment advice, tax advice, legal advice, or other professional advice by allowing you to use Infinito Wallet and the services we or any Third-Party Service Provider provide, including, but not limited to, the ability to purchase, sell, or store Digital Assets. In addition, neither we nor any Third-Party Service Provider recommend, or endorse that you purchase or sell Digital Assets, including bitcoin, ether, or any other asset, or that you make any investment or enter into any Trade. Before engaging in any such activity, you should always consult a qualified professional.
THE SERVICES WE AND THIRD-PARTY SERVICE PROVIDERS PROVIDE ARE PROVIDED TO YOU ON A STRICTLY "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. NEITHER WE NOR ANY THIRD-PARTY SERVICE PROVIDER REPRESENT OR WARRANT TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF INFINITO OR THE INFORMATION CONTAINED THEREIN OR SERVICES CONTAINED THEREON.
6. DISCLAIMER OF LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY LAW, NEITHER WE NOR ANY THIRD-PARTY SERVICE PROVIDER SHALL BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SIMILAR DAMAGES (EVEN IF WE AND/OR ANY THIRD-PARTY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF) IN CONNECTION WITH THE TERMS OF SERVICE, YOUR USE OR ATTEMPTED USE OF INFINITO, OR ANY OF THE INFORMATION, SERVICES OR TRANSACTIONS CONTEMPLATED BY THESE TERMS.
MOREOVER, AND ALSO EXCEPT TO THE EXTENT REQUIRED BY LAW, NEITHER WE NOR ANY THIRD-PARTY SERVICE PROVIDER SHALL BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT DAMAGES OF ANY KIND (EVEN IF WE AND/OR ANY THIRD-PARTY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF) IN CONNECTION WITH THE TERMS OF SERVICE, YOUR USE OR ATTEMPTED USE OF THESE SERVICES, OR ANY OF THE INFORMATION, SERVICES OR TRANSACTIONS CONTEMPLATED BY THE TERMS OF SERVICE.
IN NO EVENT SHALL WE OR ANY THIRD-PARTY SERVICE PROVIDER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THESE SERVICES OR ANY OTHER SERVICES PROVIDED BY US OR ANY THIRD-PARTY SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS CAUSED IN WHOLE OR IN PART BY ANY INACCURACIES OR INCOMPLETENESS, DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF ANY THIRD-PARTY SERVICE PROVIDER OR CONTINGENCIES BEYOND OUR OR ANY THIRD-PARTY SERVICE PROVIDERS’ CONTROL IN PROCURING, COMPILING, INTERPRETING, COMPUTING, REPORTING, OR DELIVERING THESE SERVICES OR THE INFORMATION THEREIN. IN NO EVENT SHALL WE OR ANY THIRD-PARTY SERVICE PROVIDER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON, OR IN CONNECTION WITH YOUR USE OF THESE SERVICES OR THE INFORMATION THEREIN.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO ANY DAMAGE OR INTERRUPTIONS CAUSED BY ANY COMPUTER VIRUSES, SPYWARE, SCAMWARE, TROJAN HORSES, WORMS, OR OTHER MALWARE THAT MAY AFFECT YOUR COMPUTER OR OTHER EQUIPMENT, OR ANY PHISHING, SPOOFING, DOMAIN TYPOSQUATTING, OR OTHER ATTACKS, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORISED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE. NEITHER WE NOR ANY THIRD-PARTY SERVICE PROVIDER GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THESE SERVICES.
IF THIS DISCLAIMER OF LIABILITY SECTION IS DEEMED TO CONFLICT WITH ANY OTHER SECTION OF OUR TERMS OF SERVICE, THIS DISCLAIMER OF LIABILITY SECTION SUPERSEDES THE OTHER SECTION.