Terms and Conditions

Version: 29/10/19

Welcome to the website https://sapiangroup.com (the “Website”)! The Website is owned and operated by Sapian Group registration number 196344, having its legal address at PO BOX 123004 Dubaï, UAE (“Sapian Group”, “we” or “us”).

The following Terms and Conditions (“Terms”) describe the terms and conditions applicable to your access and use of the Website and Services (as defined below).

This document is a legally binding agreement between you, being the user or client of the Website (referred to as “User” or “you”) and Sapian Group. The use of the Website and Services shall be regulated by the terms and conditions contained in this document as well as the Privacy Policy, Cookie Policy and any other agreements of the Website that Sapian Group may publish from time to time. These Terms, Privacy Policy, Cookie Policy and such other agreements of the Website are integral part of these Terms. By accessing and using our Website and Services in any manner, you fully accept and consent to be bound by these Terms and other legal documents made available to you by Sapian Group.

Please read them carefully.

1. Sapian Group Services

1.1 Sapian Group is a digital platform that provides various features and services, including exchange services, digital assets solutions, broker-dealer services, advertising, payment card issuance, IOI as well as other services and solutions available on or through the Website (jointly hereinafter referred to as the “Services”). The Services are provided by Sapian Group on or through the Website as well as our mobile applications (if available).

1.2 For the avoidance of doubt, Sapian Group provides advertisement solutions which users can use to create their own advertisements. Sapian Group is not an owner and author of advertisements displayed on the Website. Sapian Group only provides tools and solutions for the creation of such advertisements. As a result, Sapian Group is not responsible for any products and services advertised on the Website.

1.3 Further, Sapian Group does not constitute the provision of any financial or investment advice in connection with the Services contemplated by these Terms. The information and materials contained on the Website is given for information purpose only and is not to be construed as a solicitation to enter into any transaction. You should consult with a financial or investment professional regarding any possible transaction if you have any doubts.

1.4 Sapian Group does not guarantee any type of profits, dividends or liquidity through the use of the Services. Sapian Group cannot and does not give any guaranty on the accuracy, completeness or truthfulness of any transactions with cryptocurrency or fiat currency.

2. Eligibility

2.1 Our Services are available and may only be used by individuals who have reached the age of 18 or the legal age as defined by your country of residence. If you are a company or a legal entity, you are permitted to use the Services only if you validly exist, have full legal capacity and are a company duly organized under applicable law of your jurisdiction. By using and accessing the Website in any manner, you warrant and represent to us that you have reached the age of 18 or the legal age of your country of residence or have full legal capacity in case you are a company or other legal entity.

2.2 You may use our Services and Website only as permitted by applicable law, including laws and regulations of your country of residence and/or incorporation. We are not responsible for any use of our Services and Website in any way or manner by individuals or companies that are not permitted to do so by applicable law.

2.3 You may use our Services and Website upon the condition that you will be successfully verified through our KYC and AML procedure (as described below).

2.4 You agree to comply with all local rules and regulations regarding online conduct and acceptable content.

2.5 You are responsible for all applicable taxes.

3. Restricted Countries

3.1 Our Services are restricted for and cannot be used by entities holding citizenship, permanent residency, or being tax residency in the following countries:

  • Afghanistan, Bosnia and Herzegovina, Canada, Cuba, Ethiopia, Iran, Iraq, North Korea, Pakistan, Sudan, Syria, Yemen or USA (“Restricted Countries”).

3.2 Sapian Group shall not be held liable for any use of our Services by individuals or legal entities that are restricted or limited to use our Services in the Restricted Countries. Users who violate their applicable laws and regulations shall be solely liable for such violation.

3.3 You should be aware that our Website may be restricted and/or unavailable for users in other jurisdictions as governed by applicable laws. Sapian Group shall not be responsible for any unavailability of our Website and/or Services in any Restricted Country or elsewhere in the world.

4. Use of Services

4.1 Sapian Group expects that the User complies with the terms and conditions of these Terms, other policies and applicable laws. You agree that you will not:

  1. use the Website in any way or take any action that causes, or may cause, damage to Sapian Group or impairment of the performance, availability or accessibility of the Website;
  2. use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. violate third party rights on the Website and/or cause harm in any way;
  4. use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  5. download, send, transmit or otherwise post and/or distribute unauthorized advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems and e-mail businesses, chain letters as well as use the Website for participation in any of the above;
  6. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
  7. collect and store personal information of other Users without their proper authorization;
  8. access or otherwise interact with our Website using any robot, spider or other automated means;
  9. attempt to gain unauthorized access to the Services or any third party accounts by any means, including hacking and password mining.

4.2 As a condition to make use of the Services, you agree not to use, store or transfer any content that:

  1. is erotic, pornographic or otherwise offensive;
  2. is obscene, defamatory, profane, discriminating, threatening, abusive, harmful, vulgar or indecent;
  3. promotes racism, violence or hatred;
  4. constitutes a false, inaccurate, or misleading statement or omission;
  5. is protected by any patent, trademark, trade secret, copyright or other intellectual property right, unless you own such rights and have received all necessary consent;
  6. impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or interfere with someone else’s use of the Services.
5. Violation of the Terms

5.1 If Sapian Group has any reasons to believe that you violate these Terms, other policies and/or applicable laws, Sapian Group reserves the right to suspend your access to all or certain parts of the Services, and/or terminate your access to the Website or deny the use of any Services as described below.

6. Financial Terms

6.1 Sapian Group will charge commission fees for the provision of the Services. The detailed information about our commission fees is given on the Website.

6.2 When performing transactions on the Website, each User shall verify with whom they trade as this is a sole responsibility of any User. Sapian Group cannot guarantee and take no responsibility for ensuring that a User that you transact with will complete the transaction as agreed or is authorized to do so.

6.3 You should make sure that all transaction information is entered correctly as we will process the exchange strictly in accordance with the information entered by the User.

6.4 Users communicate directly with each other on all transaction terms and conditions. Users can make changes on the transaction terms before the transaction is processed by Sapian Group as authorized by a relevant User.

6.5 We will take all reasonable efforts in order to complete your transaction immediately, but in some circumstances we may be unable to do so due to technical, security or other reasons, for which we shall not be responsible for.

6.6 Each User shall act on behalf of himself and cannot ask any third party to trade on his behalf. Each User shall cover its own costs and fees, including fees for sending payment.

6.7 All transactions and communication shall be performed directly between Users. Sapian Group shall not be involved in any transactions and communication between Users.

6.8 Sapian Group reserves the right to refuse to complete any transaction in the following cases, without limitation:

  • if we have reasons to believe that your transaction is fraudulent and/or illegal;
  • if you violate these Terms, our Privacy Policy or any applicable laws or regulations;
  • if we become aware that you provided us with false documents for identity verification;
  • if your payment method is declined;
  • if you do not have enough funds to complete any transaction;
  • if we are required by law or in response to a subpoena, court order, or other binding government order;
  • if we are required to defend our rights or rights of other users.

6.9 All payments made on the Website are exclusive of taxes, duties, fees and other charges (“Taxes”). User shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder.

6.10 When sending your instructions to us, you authorise us to perform the transaction on your behalf.

6.11 If you have any problems with any transaction on the Website, or if you have any dispute with another user, you may contact us at [email protected]. We will consider your claim and may take any action to resolve the dispute, if required.

7. Proprietary Rights

7.1 Sapian Group is the sole owner or lawful licensee of all the rights and interests in the Website and Services. You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other worldwide laws. All title, ownership and intellectual property rights in the Website and its content shall remain with Sapian Group, our affiliates or licensors of the Website content, as the case may be. All rights not otherwise claimed under the Terms or by Sapian Group are hereby reserved.

7.2 You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks (whether registered or being under registration), service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Sapian Group or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such content or the Website, in whole or in part.

7.3 We grant you a personal, non-transferable and non-exclusive right and license to use the object code of the Website, provided that you do not (and do not allow any unauthorized third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website. You agree not to modify the Website and its software in any manner or form, nor to use modified versions of the Website and software, including, without limitation, for the purpose of obtaining unauthorized access to the Website and Services. You agree not to access the Services by any means other than through the interface that is provided by Sapian Group for use in accessing the Services.

7.4 Sapian Group may use services of third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not violate proprietary rights and use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

8. Account Registration and KYC/AML

8.1 You must register a user account on the Website in order to access and use our Services.

8.2 Upon registration the User shall provide valid and complete information requested in the registration form and shall provide other information and documents for KYC/AML verification. If the User provides invalid information or Sapian Group has reasons to believe that any information provided by the User is incomplete or invalid, Sapian Group may at its discretion block or delete the User’s account or deny the User the use of any Services.

8.3 Each User may register only one User account on the Website. Sapian Group may cancel or terminate a User’s account if Sapian Group has reasons to suspect that the User has concurrently registered or controlled two or more User accounts. Further, Sapian Group may reject any use of the Services as a result of unsuccessful KYC/AML verification.

8.4 To be eligible for as the User with an active User status and account on the Website under this Section you must comply with requirements of Section 2.

8.5 The Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Services or feature or function thereof or the same type and extent of Services or features and functions thereof will be available for Users. Sapian Group may in its sole discretion limit, deny or create different level of access to and use of any of the Services (or any features within the Service) with respect to different Users.

8.6 The User shall be responsible for security of its User account. The User shall keep its User ID and password confidential. No User may share, assign, or permit the use of your User account, ID or password by another person outside of the User’s own business entity. The User shall be responsible for any actions (and their consequences) in and with Services through the User’s account. Any actions in or with the Services performed through the User’s account shall be considered done by the User, except for the cases when the User notifies Sapian Group of unauthorized access to the Services through the User’s account and/or any other breach (alleged breach) of confidentiality.

8.7 The User shall promptly inform Sapian Group of any instances of unauthorized (not allowed by the User) access to the Services through the User’s account and/or any breach (alleged breach) of confidentiality. Sapian Group shall not be responsible for any potential loss or damage of information as well as any other consequences appearing as a result of failure by the User to comply with this part of the Terms.

8.8 Sapian Group is committed to comply with applicable laws. Therefore, Sapian Group conducts identity verification and may (though is not obliged to) monitor transactions. In case we suspect any fraud, Sapian Group will report to relevant authorities dealing with fraud and submit necessary information to such authorities.

8.9 Sapian Group is entitled to conduct AML and KYC checks in accordance with applicable laws and may request necessary documentation for due diligence procedure, including enhanced due diligence of Users.

8.10 Sapian Group reserves the right to suspend your access to all or certain parts of the Services, and/or terminate your access to the Website or deny the use of any Services.

9. User Content

9.1 By posting or displaying any information, content or material (“User Content”) on the Website, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Sapian Group to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Website, the provision of any Services and/or the business of the User. You confirm and warrant to Sapian Group that you have all the rights, power and authority necessary to grant the above license.

9.2 User Content that violates these Terms will be removed and may result in termination and/or removal of your User account without prior notice. If you become aware of user content that you believe violates these Terms, you may report to us. Please use our contact details given in the Contact Us Section.

9.3 Each User represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.

9.4 Sapian Group reserves the right in its sole discretion to remove any material displayed on the Website which it reasonably believes is unlawful, could subject Sapian Group or other Users to liability, violates these Terms or is otherwise found inappropriate in Sapian Group’s opinion. Sapian Group reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, Sapian Group may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a legal action, and Sapian Group shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Sapian Group for such disclosure.

10. No Warranties and Disclaimer

10.1 The User agrees that all access and use of the Website is at his own risk. We cannot guarantee and do not warrant that such content and/or information is error-free, free of viruses, worms, free of harmful, illegal or other inappropriate language.

10.2 We do not warrant that the Website will always be accessible and useable. We shall not be liable to the User if the Website is inaccessible or unusable in whole or in part, for any reason. Without prejudice to the generality of the foregoing, we will not be liable to you if the Website is inaccessible or unavailable in whole or in part for any reason beyond our reasonable control or because we are carrying out maintenance, upgrades, developments or the like. Please install and keep up to date virus-checking software for your hardware and software systems. You must ensure that your information technology is compatible with ours and that any hardware, software or communication link you may use is sufficient and appropriate.

10.3 The Services contained in the Website are provided “as is”. We cannot ensure that information and materials provided on the Website is accurate, correct, reliable, exhaustive or complete on every subject. The User is solely responsible for use of any reliance on this information.

10.4 You agree to indemnify and hold Sapian Group and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any and all claims, damages, losses or liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through the Platform and Services, your use of the Platform and Services, your connection to the Platform and Services, your violation of the Terms, or your violation of any rights of another.

10.5 Each User further agrees that Sapian Group is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Platform, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. Sapian Group reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with Sapian Group in asserting any available defenses.

10.6 Under no circumstances shall Sapian Group be held liable for any delay or failure or disruption of the Services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, disease, pandemia, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

11. Indemnity

11.1 You agree to indemnify and hold Sapian Group and its subsidiaries, affiliates, officers, agents, licensors, employees, partners, licensors or others involved in creating, sponsoring, promoting or otherwise making available the Website, Services and data, harmless from any and all claims, damages, losses or liabilities, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of any action, inaction or omission by you made on the Website or through the use of our Services.

12. Applicable Law and Dispute Resolution

12.1 These Terms shall be construed and governed by the laws of Estonia without prejudice to its conflict of laws.

12.2 In the event of any dispute arising out of or in connection with these Terms, the parties shall seek to negotiate a resolution within 7 days of such dispute arising. The parties shall act in good faith in order to resolve such dispute by way of negotiations.

12.3 If any dispute is not resolved by negotiations within 7 days after the relevant written request has been sent, then such dispute shall be submitted and finally resolved by the Estonian courts.

13. Linked Sites

13.1 This Website may contain links to third party web sites ("linked sites"). The linked sites are not under the control of Sapian Group and we are not responsible for the content of any linked site. Sapian Group makes no representations regarding the content or appropriateness of content on such sites. When you access a linked site from this Website, you leave this Website and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions posted on the linked site.

14. Miscellaneous Terms

14.1 Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee or any other relations not directly stated in these Terms.

14.2 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

14.3 These Terms including Privacy Policy constitute the entire agreement and supersede and extinguish all previous agreements (made in oral or in writing) between the User and Sapian Group relating to the subject matter hereof.

14.4 Sapian Group’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Sapian Group’s right to act with respect to subsequent or similar breaches.

14.5 Sapian Group shall have the right to assign its obligations and duties in these Terms to any person or entity. Users cannot assign its obligations and duties in these Terms to any person or entity.

14.6 These Terms constitute the entire agreement between you and Sapian Group with respect to your use of the Website.

15. Contact Us

To communicate with Sapian Group in relation to any matter, please contact our customer support at [email protected].