General Terms and Conditions
Date of Last Modified: 2025 – 09 – 26
These “General Terms and Conditions” (the “Terms”) constitute a legally binding agreement between Acanis Major UK Ltd, a company incorporated and registered in England and Wales (hereinafter “Acanis Major UK Ltd”, “we”, “us”, or “our”) and any natural or legal person who accesses, uses, or otherwise interacts with Acanis Major UK Ltd’s websites, associated application programming interfaces (APIs), or any other services, products, content, or functionalities made available or provided by Acanis (collectively, the “Services”).
“Acanis Major UK Ltd” means Acanis Major UK Ltd, a private limited company duly incorporated, organised, and validly existing under the laws of England and Wales, registered with Companies House under company number 15322289, having its registered office at 128 City Road, London, United Kingdom, EC1V 2NX. Acanis Major UK Ltd is the entity that owns, manages, and operates the Website and is responsible for the provision of Services to Users domiciled or established within the European Union (EU), the European Economic Area (EEA), and the United Kingdom (UK).
By completing the registration process on the Website, the User expressly acknowledges, represents, and warrants that they have carefully read, fully understood, and unconditionally accepted the Terms and Conditions of this Agreement, as may be amended, modified, or supplemented from time to time. The User further agrees to be legally bound by this Agreement in its then-current version. Should the User require access to any prior version of this Agreement, or to material provisions thereof, such request must be submitted in writing to Acanis Major UK Ltd at the following email address: info@acanis.io.
How You Accept This Agreement
The User shall be deemed to have accepted and to be legally bound by the provisions of this Agreement upon the occurrence of all of the following conditions:
If the User also orders a payment card, the User must additionally accept the Payment Account and Card Terms and Conditions, which govern the use of the Card and Account.
The User has duly reviewed, comprehended, and acknowledged the Terms of this Agreement, together with any amendments, modifications, or updates thereto.
The User has accurately and fully completed the registration form located under the “Register” tab on the official Acanis Major UK Ltd website, including the provision of all required information, such as login credentials, email address, password, and captcha verification.
The User has affirmatively indicated consent to the Terms of this Agreement by selecting the checkbox marked “I accept the conditions of the user agreement” in the registration form.
The User has clicked the “Continue” button upon completion of the registration form, thereby constituting the User’s express confirmation of acceptance and agreement to be bound by the Terms and Conditions herein.
Upon successful submission of the registration form and receipt of an electronic confirmation of registration, the registration process shall be deemed completed, and the Terms of this Agreement shall immediately become legally binding and enforceable against the User.
For the avoidance of doubt, any person who does not agree to be bound by this Agreement is expressly prohibited from registering on the Website or otherwise accessing or using the Website and Services.
Definitions and Terms
For the purposes of these Terms and Conditions, the following definitions and interpretative provisions shall apply:
“Acanis Major UK Ltd Website” means any website or online platform owned, operated, and administered by Acanis Major UK Ltd, whether directly or through authorised service providers, for the purpose of making available, facilitating, or otherwise providing services to the Client.
“Account” means a notional account, established, recorded, and administered within the internal systems of Acanis Major UK Ltd (or Partner) in the name of the Client, created and maintained exclusively for the purpose of facilitating and effecting the provision of services to the Client pursuant to this Agreement and Payment Account and Card Terms and Conditions.
“Agreement” means any contract (whether constituted as a standalone agreement or incorporated as part of another services agreement) entered into between Acanis Major UK Ltd and the Client for the purpose of regulating the provision of services to the Client, together with all annexes, schedules, amendments, and other ancillary documents forming an integral part thereof.
The essential and integral parts of this User Agreement shall consist of the following:
The essential and integral parts of this User Agreement shall include, without limitation, the following documents, as may be adopted, amended, or supplemented from time to time in accordance with their respective Terms and this User Agreement: the Privacy Policy, the Cookie Policy. Each of the foregoing shall form an inseparable component of this User Agreement and shall be binding upon the User as if expressly set forth herein in full.
The Payment Account and Card Terms and Conditions constitute a separate agreement between the Partner and the Client, under which the Partner provides the Client with card(s) and Account.
Any other specific agreement concluded by Acanis Major UK Ltd which expressly provides, within its own terms, that it constitutes an essential and integral component of this User Agreement.
“Aggregate Data” shall mean any data and/or information, whether personal or non-personal, furnished, submitted, or otherwise made available by the User to the Website and to Acanis Major UK Ltd, whether directly or indirectly, which is collected, compiled, and maintained on a consolidated basis.
“Business Day” shall mean any calendar day other than a Saturday or Sunday, or any other day on which banking institutions in the United Kingdom are generally authorized or required by law or governmental order to remain closed for the transaction of regular banking business.
“Confidential Information” shall mean any and all information, data, or material, whether oral, written, electronic, graphic, or in any other form or medium, that the User receives, accesses, or otherwise acquires through the use of the Services or access to the Account, which is proprietary, non-public, or otherwise confidential in nature to Acanis Major UK Ltd, its Partners, or any of its Third-party licensors (including, without limitation, any Third-Party Technology Provider). For the avoidance of doubt, “Confidential Information” shall be deemed to include, inter alia, any and all information relating to the Services or the Account, together with information regarding the business operations, strategic or commercial plans, pricing structures, fee schedules, commissions, financial performance or data, trade secrets, intellectual property, and technological infrastructure of Acanis Major UK Ltd, irrespective of whether such information is expressly designated or marked as confidential.
“Client” means any natural person or legal entity that has established a contractual relationship with Acanis Major UK Ltd pursuant to this Agreement and is thereby recognised as a customer of Acanis Major UK Ltd.
“Company” any reference in this Agreement to a company shall be deemed to include any company, corporation, partnership, association, or other legal entity or body corporate, wherever incorporated, organized, or otherwise lawfully constituted, and under whatever jurisdiction such incorporation, organization, or constitution may have occurred.
“Data” shall mean any and all information, records, or materials, whether structured or unstructured, that are accessible from, derived from, or otherwise generated through the use of the Account, together with any other information furnished, disclosed, or made available to the User by Acanis Major UK Ltd. For the avoidance of doubt, “Data” shall be deemed to include, without limitation, information concerning bids, offers, pricing, spreads, quotations, transaction metrics, market analyses, and any other comparable or related data, irrespective of the format, medium, or method of transmission.
“Fees” shall mean any and all charges, commissions, remunerations, rewards, or other monetary consideration payable by the User to Acanis Major UK Ltd, the amount, nature, and method of calculation of which shall be determined, prescribed, and published by Acanis Major UK Ltd from time to time in accordance with its prevailing policies and schedules.
“Gender” Unless the context otherwise requires, any reference to one gender shall be deemed to include a reference to all other genders, and words importing the masculine, feminine, or neuter shall be construed accordingly.
“Governmental Authority” shall mean any government, whether domestic or foreign, at the supranational, national, federal, state, provincial, regional, county, municipal, or local level, together with any political subdivision thereof, and shall further include any ministry, department, agency, authority, commission, board, bureau, tribunal, court, regulatory or administrative body, or any other entity, instrumentality, or organisation (including any quasi-governmental or supra-national body) lawfully vested with, or purporting to exercise, executive, legislative, judicial, regulatory, administrative, or enforcement powers, duties, or functions of government.
“Intellectual Property Rights” or “IP Rights” shall mean, collectively and without limitation, all legal and equitable rights, titles, and interests in and to:
The Website (including, without limitation, all constituent elements, components, features, functionalities, and interfaces thereof).
Any and all Data.
Any and all modifications, adaptations, enhancements, derivative works, improvements, or customisations (including bespoke or tailor-made modifications), whether created, developed, or implemented by you independently or with the assistance, contribution, or involvement of any Third-Party, to any of items (i) and (ii). Such modifications shall, for the avoidance of doubt, be deemed to include and subsist together with all associated intellectual and proprietary rights, whether registered or unregistered, including but not limited to: patents, patent applications, utility models, supplementary protection rights, trademarks, service marks, logos, trade names, design rights (registered and unregistered), business names, domain names, copyrights and neighbouring rights, rights in works of authorship, inventions, discoveries, software (both source code and object code, including frontend and backend architecture), user interface designs and “look and feel,” know-how, processes, techniques, methodologies, trade secrets, confidential information, moral rights (to the extent assignable), database rights, and all other analogous or related intellectual property and proprietary rights of any nature whatsoever, existing now or arising in the future in any jurisdiction throughout the world, together with any and all applications, renewals, extensions, restorations, continuations, divisions, improvements, or reissues thereof, as well as all rights to receive remuneration, royalties, or other forms of compensation in relation thereto.
“Headings” the headings, titles, and captions used in this Agreement are inserted solely for convenience of reference and organizational purposes. They shall not be deemed to form part of this Agreement, nor shall they affect, limit, or in any way influence the meaning, construction, or interpretation of any provision contained herein.
“Including” unless expressly stated otherwise, the Terms “include”, “includes”, “including”, or “in particular” as used in this Agreement shall be construed as being followed by the words “without limitation” and shall not be deemed to limit the generality of the preceding words.
“Interpretation of Undefined Terms” any terms, expressions, or definitions not expressly defined within this Agreement shall be interpreted and construed by the Parties in accordance with the applicable laws and legal principles of the United Kingdom, unless the context otherwise requires or the Parties have expressly agreed to an alternative construction in writing.
“Imperative Norms” means mandatory legal provisions established under applicable laws and regulations, compliance with which cannot be excluded, altered, waived, or otherwise derogated from by agreement, whether directly or indirectly, for the benefit of Acanis Major UK Ltd.
“Other and Otherwise” where the context so permits, the expressions “other” and “otherwise” shall be construed as illustrative in nature only and shall not operate to limit, restrict, or otherwise qualify the meaning or scope of the words, phrases, or provisions that precede them.
“Parties” for the purposes of this Agreement, Acanis Major UK Ltd and the User shall be collectively referred to as the “Parties”, and each individually as a “Party.”
“Partner” means any natural or legal person that has entered into a contractual or other legally binding relationship with Acanis Major UK Ltd for the purpose of cooperation, service provision, or fulfilment of mutual obligations.
“Personal Data” shall mean any information, whether alone or in combination with other data, that directly or indirectly identifies, or may reasonably be used to identify, a natural person, including, without limitation, their name, residential or correspondence address, email address, telephone number, banking or payment details, identification numbers, online identifiers, or any other factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of such person. For the avoidance of doubt, “Personal Data” shall not include data that has been irreversibly anonymised or aggregated in such a manner that the individual to whom the data relates is no longer identifiable.
“Privacy Policy” shall mean the policy adopted and maintained by Acanis Major UK Ltd, which sets forth the principles, rules, and procedures governing the collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, combination, restriction, erasure, and destruction of Personal Data obtained from Users. The Privacy Policy forms an essential, integral, and legally binding part of this Agreement.
“Representative” shall mean, with respect to any individual or legal entity, any officer, director, shareholder, member, manager, partner, employee, agent, consultant, advisor, contractor, or other duly appointed person, as well as any individual otherwise duly authorised to act on behalf of such person or entity pursuant to applicable law, constitutional or corporate documents, mandate, power of attorney, resolution, or any other equivalent instrument conferring authority.
“Singular and Plural” Unless the context otherwise requires, words importing the singular shall be deemed to include the plural, and words importing the plural shall be deemed to include the singular, and each gender shall include all other genders.
“Term” shall mean the period of validity of this Agreement, commencing on the date upon which the User duly accepts and assents to its provisions in the manner prescribed herein, and continuing in full force and effect for so long as the User remains duly authorised to access and utilise the Acanis Major UK Ltd Website, and Services, unless and until terminated earlier in accordance with the provisions of this Agreement.
“Third-Party Technology Provider” shall mean any independent Third-Party entity that supplies software, technology, systems, infrastructure, or related products or services which are utilised by Acanis Major UK Ltd for the maintenance, operation, development, enhancement, or provision of the Website, and Services.
“User” shall mean any natural person or legal entity that has duly completed the registration process on the the Acanis Major UK Ltd Website, and has expressly acknowledged, accepted, and agreed to be legally bound by the Terms and Conditions of this Agreement, together with all amendments, annexes, and integral parts thereof, as may be adopted from time to time.
“User Account Data” shall mean all information and data required for the creation, authentication, access, and continued use of the Acanis Major UK Ltd Website, including, without limitation, the User’s login credentials, password, email address, and any other information or data submitted, generated, or otherwise provided by the User during the registration process or at any time thereafter in connection with the maintenance or use of the User’s account.
Subject Matter of Agreement and Eligibility
Subject Matter of the Agreement
Under this Agreement, Acanis Major UK Ltd shall grant the Client access to an Account established in the Client’s name and, subject to the Terms and Conditions herein, shall enable the Client to:
Request and obtain payment cards issued pursuant to Payment Account and Card Terms and Conditions.
Order and manage the issuance, replacement, or renewal of such Payment Cards.
Initiate and authorize payment transactions by means of the issued payment cards, in accordance with the operational rules and limits established by Acanis Major UK Ltd (or by the Partner).
Utilize the Account and related services solely for lawful purposes, in strict conformity with this Agreement, the Payment Card Terms and Conditions, and applicable legislation.
Acanis Major UK Ltd expressly reserves the exclusive right, in its sole and absolute discretion, to determine the markets and jurisdictions within which it conducts operations and offers Services. Without prejudice to the generality of the foregoing, Acanis Major UK Ltd may, for reasons of regulatory compliance, risk management, or any other legitimate business consideration, restrict, suspend, or deny the provision of Services in respect of certain countries or territories. Such determinations shall be final, conclusive, and binding upon the Client, and shall be applied in accordance with the eligibility requirements set forth in the Eligibility section of this Agreement.
Eligibility
By completing the registration process on the Acanis Major UK Ltd Website, you hereby expressly represent and warrant to Acanis Major UK Ltd that:
Legal Capacity and Authority: you are at least eighteen (18) years of age, possess full legal capacity, and are duly authorized, where applicable, to enter into this Agreement and to perform all obligations hereunder.
Accurate and Complete Information: all information and documentation provided during registration or thereafter, including but not limited to your name, contact details, identification data, and financial information, is true, complete, accurate, and not misleading in any respect.
Lawful Use of Services: you will access and use the Services exclusively for lawful purposes, in full compliance with this Agreement, the Payment Card Terms and Conditions, and all applicable laws, regulations, and regulatory requirements.
Beneficial Ownership: you are registering and acting on your own behalf and not as an agent, trustee, or nominee for any Third-Party, unless expressly disclosed to and accepted in writing by Acanis Major UK Ltd.
No Prohibited Jurisdictions: you are not a resident, domiciliary, or citizen of any jurisdiction in which access to or use of the Services is restricted, prohibited, or would otherwise expose Acanis Major UK Ltd to legal or regulatory risk, and you will immediately notify Acanis Major UK Ltd should this status change.
Sanctions Compliance: you are not subject to, and are not acting on behalf of any person subject to, international, national, or sectoral sanctions administered or enforced by, Official Journal of the European Union, and United Kingdom, United Nations Security Council; US Department of the Treasury, Office of Foreign Assets Control (OFAC), or any other applicable sanctions authority.
Financial Legitimacy: all funds and assets you transfer, deposit, or otherwise use in connection with the Services have been lawfully obtained, are free from any encumbrances, and do not derive, directly or indirectly, from criminal or unlawful activity.
No Circumvention: you will not attempt to circumvent, disable, or otherwise interfere with any security, anti-fraud, monitoring, or compliance controls implemented by Acanis Major UK Ltd.
Technical Compliance: you will ensure that any access to the Services through the Website is made via secure networks, devices, and software free from malicious code, and that you maintain the confidentiality and security of your login credentials at all times.
Notification Obligation: you will promptly inform Acanis Major UK Ltd of any changes to the information provided, including but not limited to personal details, contact information, or circumstances that may affect your eligibility to use the Services.
No Misuse of Services: you will not use the Services for fraudulent, abusive, misleading, harmful, or otherwise improper purposes, including but not limited to money laundering, terrorist financing, or any unlawful or unethical activity.
Account
General
Access to the Acanis Major UK Ltd Internal System and the Services shall be granted exclusively through the Client’s designated Account. In order to establish and activate such an Account, the Client must duly complete all registration and onboarding procedures prescribed under this Agreement and provide Acanis Major UK Ltd with accurate, complete, and up-to-date User Account Data, together with any additional information or documentation that Acanis Major UK Ltd may reasonably require in accordance with applicable law, regulatory obligations, or internal policies.
Registration Validity and Access Restrictions
In order to register and obtain access to the Services, the Client shall be required to provide Acanis Major UK Ltd with the requisite User Account Data and to expressly accept and agree to be bound by the Terms and Conditions of this Agreement and Payment Account and Card Terms and Conditions. The Client hereby undertakes and warrants that all information and data submitted during the registration process shall be complete, true, accurate, and not misleading in any respect. The Client further undertakes to promptly notify Acanis Major UK Ltd of, and duly update within the Account, any changes to such information, ensuring that the User Account Data remains complete, accurate, and current at all times throughout the duration of the contractual relationship.
Unless expressly agreed otherwise in writing by Acanis Major UK Ltd, each registration shall be deemed valid for one (1) User only, and access to the Acanis Major UK Ltd Internal System, and Account shall be strictly limited to such User. Any attempt to permit, facilitate, or enable access by any other person shall constitute a material breach of this Agreement. Where the User is a legal entity, such User may access and utilize the Acanis Major UK Ltd Internal System, and Account exclusively through its duly authorized Representative(s), acting strictly within the scope of their authority. Any non-compliance with the registration requirements set forth herein, including but not limited to misrepresentation, unauthorized access, or failure to adhere to the prescribed procedures, shall be deemed a breach of this Agreement and may result in immediate suspension or termination of the User’s Account and/or Services, without prejudice to any other rights or remedies available to Acanis Major UK Ltd under applicable law or this Agreement.
Right to Decline Registration
Acanis Major UK Ltd reserves the absolute and unfettered discretion to refuse, reject, or decline any application for registration on the Acanis Major UK Ltd Website, without the obligation to provide reasons for such refusal and without incurring any liability whatsoever to the applicant.
User Identity Verification
By registering on the Acanis Major UK Ltd Website and accessing your Account, you expressly agree to provide all requested User Account Data and supporting documentation for the purposes of identity verification, as may be required by Acanis Major UK Ltd in its sole discretion. Acanis Major UK Ltd reserves the right, at its sole discretion, to limit, suspend, or otherwise restrict access to any or all functionalities of the Website, Account, and/or Services for any User who fails, refuses, or is unable to successfully complete the identity verification process in accordance with applicable requirements.
By submitting the information required for registration and identity verification, the User hereby represents, warrants, and undertakes that all such information is accurate, truthful, complete, and authentic as of the date of submission, and that the User shall promptly update such information to ensure its continued accuracy and completeness in the event of any change. In the event that Acanis Major UK Ltd has reasonable grounds to suspect that any information provided by the User is inaccurate, false, misleading, incomplete, or otherwise unreliable, Acanis Major UK Ltd shall be entitled, at its sole discretion, to issue a notice to the User requesting clarification or correction, to amend or remove the relevant information, and/or to suspend, restrict, or terminate, in whole or in part, the provision of the Services, the User’s Account, or access to the Acanis Major UK Ltd Internal System. The User acknowledges and agrees that they shall bear sole responsibility and liability for any loss, damage, claim, or expense arising as a consequence of Acanis Major UK Ltd’s inability to contact the User due to inaccurate, outdated, or otherwise defective User Account Data. The User further undertakes to keep all information provided current, accurate, and complete at all times.
By registering on the Acanis Major UK Ltd Website and accessing the Account, the User hereby expressly authorises Acanis Major UK Ltd to carry out any and all inquiries, verifications, or investigations deemed reasonably necessary for the purposes of confirming the User’s identity, assessing risk, and preventing fraud, money laundering, terrorist financing, or any other unlawful or criminal activity. Such inquiries may be conducted directly by Acanis Major UK Ltd or indirectly through duly partners, and/or authorised Third-Party service providers. The User further acknowledges and consents that Acanis Major UK Ltd may disclose, transmit, or otherwise make available the User’s Personal Data and any related information to credit reference agencies, fraud prevention bodies, financial crime enforcement authorities, or any other competent regulatory or supervisory authority, and that such agencies and authorities may provide comprehensive responses to such inquiries. Acanis Major UK Ltd reserves the right, in its sole and absolute discretion, to adopt any measures, restrictions, or actions deemed necessary or appropriate in light of the results of such inquiries, including but not limited to restricting, suspending, or terminating the User’s Account or access to the Services.
Account Usage and Security
In accordance with the registration requirements set forth under this Agreement, an Account may be utilised solely and exclusively by the individual or legal entity in whose name such Account has been duly registered. Acanis Major UK Ltd reserves the right, at its sole discretion, to suspend, restrict, freeze, or permanently terminate any Account where there exists reasonable suspicion or evidence of unauthorised access, use, or activity by any person other than the duly registered Account holder, unless otherwise expressly agreed in writing by the Parties. The User is under an immediate and continuing obligation to notify Acanis Major UK Ltd without undue delay upon becoming aware of, or having reasonable grounds to suspect, any unauthorised use, disclosure, or compromise of their username, password, or other User Account Data. Acanis Major UK Ltd shall bear no liability whatsoever for any loss, damage, or detriment suffered by the User or by any Third-Party arising from or in connection with the use of the Account, whether such use is authorised, unauthorised, negligent, fraudulent, or otherwise attributable to the User or to any Third-Party.
User Credentials and Security Obligations
The User shall be required, as part of the registration process, to establish a unique username and password for the purpose of accessing the Account. The User may, at any time thereafter, modify or update such password in accordance with the procedures prescribed by Acanis Major UK Ltd. The User undertakes to preserve the confidentiality, integrity, and security of their password and all other User Account Data and shall implement and maintain such measures as are reasonably necessary to protect said information against unauthorised access, use, disclosure, alteration, or destruction by Third-Party. The User expressly agrees to treat all User Account Data as strictly confidential and shall refrain from disclosing, transmitting, or otherwise making such data available to any Third-Party under any circumstances. The User further acknowledges and accepts sole and exclusive responsibility for instituting, maintaining, and monitoring all appropriate security arrangements to safeguard access to their Account and associated User Account Data, and for any and all consequences, losses, liabilities, or damages that may arise directly or indirectly from their failure to comply with these obligations.
By creating an Account and entering into this Agreement, the User hereby expressly agrees and undertakes as follows:
The User shall immediately notify Acanis Major UK Ltd upon becoming aware of any unauthorised access to, or use of, the Account and/or User Account Data by any person, or of any other actual or suspected breach of the security protocols applicable to the Account. Until such notification is duly received by Acanis Major UK Ltd, all actions, transactions, or Operations effected through the Account shall be deemed to have been validly authorised and executed by the User as the lawful holder of the Account.
The User shall strictly comply with all security, authentication, operational, charging, deposit, and withdrawal procedures, mechanisms, and protocols established by Acanis Major UK Ltd in connection with the use of the Acanis Major UK Ltd Internal System.
The User shall ensure that, at the conclusion of each session of use of the Acanis Major UK Ltd Account, they properly log out and terminate their access in accordance with the procedures prescribed by Acanis Major UK Ltd.
Prohibited Use of the Website, and Services
By accessing or utilizing the Acanis Major UK Ltd Website and the Services, the User expressly covenants and undertakes to comply with all applicable Laws, contractual obligations, intellectual property rights, and the rights of Third-Party, and to refrain from any conduct that may constitute a breach, infringement, or tortious act. The User shall bear sole and exclusive responsibility for their actions while accessing or using the Website, or Services.
Without prejudice to the generality of the foregoing, the User shall not, under any circumstances:
Utilise the Services in any manner that interferes with, disrupts, degrades, or otherwise impedes the ability of other Users to access or use the Services, or that damages, disables, overburdens, or otherwise adversely affects the performance or functionality of the Services in any way.
Use the Services for the purpose of funding, facilitating, or engaging in any unlawful activity, including but not limited to illegal gambling, fraud, money laundering, terrorist financing, or any other illicit conduct.
Employ or deploy any automated means or technological interface, including but not limited to robots, spiders, crawlers, or scrapers, not expressly authorised by Acanis Major UK Ltd, to access, extract, or harvest data from the Services.
Access or attempt to access another User’s Account or otherwise use the User Account Data of another User, except where expressly authorised as a duly appointed Representative of such User.
Attempt to bypass, disable, or circumvent any security, access control, or content-filtering mechanisms implemented by Acanis Major UK Ltd, or attempt to gain unauthorised access to any systems, networks, areas, or Services of the Website.
Create, develop, or offer any Third-Party applications, integrations, or technological solutions that interact with the Services without the prior express written consent of Acanis Major UK Ltd.
Provide, during registration or thereafter, any information that is false, inaccurate, misleading, or incomplete, or communicate such information to Acanis Major UK Ltd at any time.
Advertise, promote, or offer for sale any products or services through the Website without the prior execution of a specific agreement with Acanis Major UK Ltd permitting such activities.
Solicit, encourage, facilitate, or induce any Third-Party to engage in any activity prohibited under this clause, elsewhere in this Agreement, or proscribed by applicable Law.
Intellectual Property and Limited Right of Use
Intellectual Property
Ownership of Intellectual Property Rights: the User expressly acknowledges and agrees that all right, title, and interest in and to the intellectual property rights (“IP Rights”) subsisting in or relating to the Acanis Major UK Ltd Website, together with all associated services, materials, documentation, and technology, are and shall remain the exclusive property of Acanis Major UK Ltd or, as applicable, its duly authorized Third-Party licensors, including any Third-Party Technology Providers. No ownership rights in or to such IP Rights are transferred, assigned, or otherwise conveyed to the User under this Agreement, save for the limited, non-exclusive, non-transferable, and revocable license to access and use the Website, and Services in strict compliance with the provisions of this Agreement.
Confidentiality of Materials: the User undertakes to preserve the confidentiality of, and not to disclose, disseminate, or permit unauthorized access to, any documents, materials, software, or other proprietary resources provided by Acanis Major UK Ltd or its Third-Party Technology Providers in connection with the Internal System, or Services.
Restrictions on Use: without prejudice to the generality of the foregoing, the User covenants and agrees not to, whether directly or indirectly and whether alone or in concert with any Third-Party:
alter, adapt, maintain, enhance, or otherwise modify the Website, or any component thereof;
disassemble, decompile, reverse engineer, translate, copy, reproduce, broadcast, transmit, transfer, distribute, bug-fix, correct, update, or create derivative works based upon the Website, or any component thereof;
attempt to gain access to, or otherwise discover, the source code, structure, or any equivalent of the Website or;
otherwise engage in any conduct which infringes, misappropriates, or unlawfully interferes with the IP Rights of Acanis Major UK Ltd or its licensors.
Privacy and Data Handling: the User acknowledges and agrees that Acanis Major UK Ltd shall collect, process, and handle identity, registration, and usage-related information in accordance with its Privacy Policy, as published on the Acanis Major UK Ltd Website and updated from time to time.
Aggregate Data: the User further acknowledges and agrees that Acanis Major UK Ltd retains full ownership of, and all rights in and to, any and all aggregated and anonymized data (“Aggregate Data”) derived from the User’s interaction with the Website, or Services. Acanis Major UK Ltd shall have the unrestricted right to use, exploit, license, and sublicense such Aggregate Data at its sole discretion, provided that any disclosure or use of such data shall not reveal the User’s individual identity nor otherwise enable the identification of the User without the User’s prior express consent.
Limited Rights of Use
Subject at all times to the User’s strict and continuous compliance with the provisions of this Agreement, Acanis Major UK Ltd hereby grants to the User a limited, revocable, non-exclusive, royalty-free, and non-transferable licence to access and utilise the Acanis Major UK Ltd Website, together with the Services available therein, exclusively for the purposes expressly set forth under this Agreement and strictly in accordance with its terms, for the duration of the Term.
All rights, titles, and interests in and to the Website, the Services, and all related content, data, and materials, whether tangible or intangible, and whether now existing or hereafter developed, that are not expressly conferred upon the User pursuant to this Agreement, are hereby fully reserved by Acanis Major UK Ltd. Accordingly, the User shall have no right to access, use, reproduce, or exploit the Services, the Website, or any related materials in any manner not expressly and unambiguously authorized under this Agreement.
Unless expressly provided otherwise in this Agreement, all materials made available on or through the Website are and shall remain the exclusive property of Acanis Major UK Ltd and are protected by applicable copyright, trademark, and other intellectual property laws and regulations. The User is authorized solely to view, download, and/or print such materials for their own personal, informational, and strictly non-commercial purposes, subject always to the User’s full compliance with all copyright, trademark, and other proprietary notices or restrictions contained in or accompanying such materials.
All trademarks, service marks, trade names, trade dress, logos, and other distinctive brand identifiers displayed on the Website (collectively, the “Trademarks”) are the sole and exclusive property of Acanis Major UK Ltd, or of such Third-Party as may have duly licensed their use to Acanis Major UK Ltd. In addition, all software, source code, object code, algorithms, databases, compilations, text, images, graphics, illustrations, designs, data, price feeds, trading information, charts, graphs, audiovisual works (including video and audio), and all other content or materials made available on or through the Website (collectively, the “Proprietary Materials”) are and shall remain the exclusive property of Acanis Major UK Ltd, protected by applicable copyright, trademark, and other intellectual property laws and international treaties. The User is expressly prohibited from copying, reproducing, altering, adapting, modifying, republishing, uploading, posting, transmitting, distributing, scraping, harvesting, indexing, compiling, reverse-engineering, or otherwise appropriating, in whole or in part, any of the Trademarks or Proprietary Materials, whether manually or by automated means, without the prior express written consent of Acanis Major UK Ltd. Any unauthorized use, reproduction, or exploitation of the Trademarks or Proprietary Materials, including without limitation their use in connection with any other website, application, or networked computer environment, is strictly prohibited and may constitute a breach of this Agreement as well as an infringement of copyright, trademark, and/or other applicable laws, exposing the User to civil, regulatory, and/or criminal liability.
Use of Our Technology Website and Service Availability
Website and Service Availability
Acanis Major UK Ltd does not represent, warrant, or guarantee that access to the Website will be uninterrupted, continuous, timely, error-free, or immune from delays, failures, omissions, data transmission losses, or other interruptions. While Acanis Major UK Ltd shall exercise commercially reasonable efforts to maintain the continuous operation and availability of the Website, and associated Services, no assurance is provided that such access will be available at all times.
Acanis Major UK Ltd reserves the right, at its sole discretion, to temporarily suspend, restrict, or disable access to the Website, or Services for the purposes of scheduled maintenance, upgrades, security updates, or emergency interventions. Where practicable, prior notice of such interruptions shall be provided; however, in circumstances of urgency or necessity, advance notification may not be feasible. The User expressly acknowledges and accepts the risk that, during such periods of maintenance, suspension, or in circumstances of heightened market volatility or operational stress, access to the Website, or Services may be unavailable or restricted, and urgent transactions may not be executed in a timely manner, or at all.
By entering into this Agreement, the User irrevocably acknowledges and agrees that Acanis Major UK Ltd shall bear no liability, whether in contract, tort, statute, or otherwise, for any direct, indirect, incidental, consequential, or financial losses, damages, or expenses arising out of, or in connection with, any suspension, interruption, unavailability, or failure of the Website, or Services, whether temporary or otherwise.
External Websites
The Website may, from time to time, contain references, hyperlinks, or other connections to external websites or online resources operated by Third-Party (hereinafter “External Websites”). Acanis Major UK Ltd does not endorse, monitor, control, or assume any responsibility for the availability, accuracy, legality, reliability, completeness, or appropriateness of any content, materials, products, services, information, advice, opinions, or promotions contained on or accessible through such External Websites.
The inclusion of any reference or link to an External Website shall not constitute, and shall not be construed as, an endorsement, sponsorship, affiliation, or recommendation by Acanis Major UK Ltd of such External Website, its operators, or its content.
The User acknowledges and agrees that access to and use of any External Website is undertaken entirely at the User’s own risk and discretion. Acanis Major UK Ltd shall not be liable, whether in contract, tort, statute, or otherwise, for any losses, damages, costs, claims, or liabilities (including, without limitation, direct, indirect, consequential, or incidental damages) arising out of, or in connection with, the User’s access to, reliance upon, or use of any External Website or its content.
The User further acknowledges that the Terms and Conditions, Privacy Policy, and other contractual or legal provisions of such External Websites shall exclusively govern the User’s interaction with them, and that Acanis Major UK Ltd disclaims all responsibility and liability in this regard.
External Websites – Terms of Use and Security
External Websites accessible through links, references, or otherwise from the Website are governed exclusively by their own Terms and Conditions, policies, rules, and regulations. Acanis Major UK Ltd neither controls nor assumes any responsibility for such Terms and policies, and the User acknowledges and agrees that it is their sole responsibility to review, familiarise themselves with, and comply with the applicable contractual and legal provisions of any External Website they choose to access. The User further acknowledges and accepts that they bear sole responsibility for ensuring that any content, software, or other material obtained, downloaded, or accessed from such External Websites is free from viruses, worms, trojan horses, malware, or any other harmful, malicious, or destructive code, files, or programs. Acanis Major UK Ltd expressly disclaims all liability for any damages, losses, or claims (whether direct, indirect, incidental, or consequential) arising from or in connection with the User’s reliance on, access to, or use of External Websites or any harmful elements encountered therein.
Security and Viruses
The User expressly acknowledges that the use of the internet entails inherent risks, including, but not limited to, exposure to viruses, malware, spyware, trojan horses, worms, ransomware, phishing, spoofing, and other forms of malicious code or fraudulent activity, as well as risks of communication failures or disruptions. Acanis Major UK Ltd shall not, under any circumstances, be held liable for any loss, damage, corruption of data, interruption of service, or impairment of functionality affecting the User’s systems, devices, equipment, or networks arising directly or indirectly from any such malicious code, cyberattack, or communication failure. The User is solely responsible for implementing and maintaining adequate security protections, including, without limitation, the use of reputable, up-to-date antivirus and anti-malware software, firewalls, and other relevant security measures. The User is further advised to exercise the highest degree of caution when receiving any communications purporting to originate from Acanis Major UK Ltd, including text messages, emails, or other electronic correspondence, which may constitute phishing attempts, spoofed messages, or other fraudulent activity. The User must at all times access their Account exclusively through the official Acanis Major UK Ltd Website and shall refrain from accessing their Account or submitting any credentials through hyperlinks or messages originating from unverified or unofficial sources.
Website Accuracy
Acanis Major UK Ltd endeavours to ensure that all information published on its official Website is accurate, complete, and current. Notwithstanding such efforts, the User acknowledges and accepts that the Website may, from time to time, contain inadvertent errors, omissions, typographical mistakes, technical inaccuracies, or content that is outdated or incomplete.
To the fullest extent permitted under applicable Law, Acanis Major UK Ltd expressly reserves the right, at its sole discretion and without incurring any liability, to modify, amend, supplement, update, or otherwise revise any information, content, or material published on the Website. Such changes shall be communicated to Users at the earliest reasonable opportunity by means of one or more of the following:
Electronic notice to the email address provided within the User’s Account Data.
Pop-up notification on the Website.
And/or publication of a respective notice or post on an official social media account of Acanis Major UK Ltd.
Such modifications may include, without limitation, amendments to this Agreement and/or any of its essential and integral parts. The User bears sole responsibility for verifying the accuracy and relevance of information prior to reliance thereon, and any decisions or actions undertaken on the basis of such information are at the User’s exclusive risk. Acanis Major UK Ltd shall not be liable for any loss, damage, or adverse consequence resulting from reliance on information or content published on the Website.
Furthermore, as noted under the provisions relating to External Websites, the Website may contain references or hyperlinks to Third-Party websites, services, or materials. Such references or hyperlinks are provided solely for convenience. Acanis Major UK Ltd does not control, endorse, or assume any responsibility or liability for the content, accuracy, legality, policies, or practices of such Third-Party materials or services. The User expressly acknowledges and agrees that any use of or reliance on such Third-Party content shall be undertaken at the User’s sole risk and responsibility.
User-Generated Content
Should you upload, transmit, or otherwise make available any content on or through the Acanis Major UK Ltd Website, including, without limitation, any text, images, photographs, audio-visual materials, or other data or media (collectively, “User Content”), you hereby represent, warrant, and covenant that such User Content shall not:
Consist of false, inaccurate, misleading, deceptive, or fraudulent information, or any misappropriation of rights.
Contain any copyrighted, trademarked, or otherwise proprietary material that you are not duly authorized to use, reproduce, or make publicly available.
Include obscene, defamatory, offensive, unlawful, or otherwise objectionable material, or any content which, in the sole and exclusive discretion of Acanis Major UK Ltd, may harm, disparage, or otherwise risk impairing the reputation, goodwill, or legitimate interests of Acanis Major UK Ltd.
Contravene, infringe, or violate any applicable Law, regulation, or legally binding obligation.
Suspension or Termination
Acanis Major UK Ltd reserves the right, at its sole and absolute discretion, to suspend, restrict, or permanently terminate a User’s Account and/or access to the Website, or Services, in whole or in part, without prior notice, where:
Breach of Agreement: the User has violated, or is reasonably suspected of violating, any provision of this Agreement, including any incorporated policies.
Unlawful or Prohibited Use: the User has engaged, or is reasonably suspected of engaging, in unlawful, fraudulent, abusive, or otherwise prohibited activities.
Regulatory or Legal Requirement: such suspension or termination is necessary to comply with any applicable Law, order, or directive of a Governmental Authority or regulatory body.
Risk Mitigation: continued access by the User poses, or is reasonably likely to pose, a material risk to Acanis Major UK Ltd, its Partners, its Representatives, other Users, or the integrity, security, or proper functioning of the Website, or Services.
Failure to Provide Information: the User fails to provide, update, or verify accurate and complete User Account Data or other information requested by Acanis Major UK Ltd.
In the event of termination, all rights granted to the User under this Agreement shall immediately cease, and the User shall no longer have any entitlement to access or use the Account, Website, or Services. Suspension or termination shall not affect any obligations of the User accrued prior to such action, nor shall it prejudice any rights or remedies available to Acanis Major UK Ltd under this Agreement or applicable Law.
Representations and Warranties
User’s Representations and Warranties
As of the date of execution of this Agreement, and as of the date of each Transaction conducted hereunder, you hereby expressly represent, warrant, and covenant to Acanis Major UK Ltd, for its benefit and for the benefit of its Partners and their respective Representatives, as follows:
Acknowledgment of Governing Documents: you acknowledge that you have carefully reviewed, understood, and accepted all documents, rules, policies, and Terms governing the Services and the Acanis Major UK Ltd Website (collectively, the “Governing Documents”), which may be amended or supplemented from time to time. You further agree that your relationship with Acanis Major UK Ltd shall at all times be subject to, and governed by, the Governing Documents. You shall refrain from registration or the creation of an Account should you lack a clear understanding of the Services, the Acanis Major UK Ltd Website, or the risks inherent thereto.
Authorization: by electronically accepting or otherwise assenting to this Agreement, and by performing any Transaction, you represent and warrant that such acceptance, assent, and/or action is duly authorized, and that any Person acting on your behalf possesses valid and sufficient authority to bind you accordingly.
Accuracy of Information: all information, data, and documentation provided by you to Acanis Major UK Ltd, including, without limitation, any details submitted via your Account, are, and shall remain, true, complete, accurate, and not misleading in any material respect.
Binding Obligations: this Agreement, together with each Transaction executed hereunder, constitutes your valid and legally binding obligation, enforceable against you in accordance with its Terms and Conditions and Payment Account and Card Terms and Conditions.
Compliance with Law: your execution of this Agreement, your participation in any Transaction, and your use of the Services shall not contravene, breach, or otherwise violate any applicable Law, regulation, order, judgment, or contractual obligation binding upon you.
Sufficiency of Funds: you covenant and warrant that you shall deliver, settle, and maintain the full amount of funds required to perform each Transaction in accordance with the Terms agreed.
Regulatory Authorizations: you have duly obtained, and shall at all times maintain, all requisite licenses, consents, permits, authorizations, registrations, and memberships necessary for your activities on the Acanis Major UK Ltd Website, and for the lawful execution of Transactions with Acanis Major UK Ltd (or with Partner).
Sophistication and Independent Judgment: you possess the necessary sophistication, knowledge, and expertise to evaluate, enter into, and assume the risks associated with Transactions, and you expressly acknowledge that you do not and shall not rely on Acanis Major UK Ltd for any investment advice, recommendations, or suitability assessments. All decisions to engage in Transactions shall be made solely at your independent discretion and judgment.
Capacity and Authority: you represent that you (or, if applicable, your duly authorized Representative) are acting as principal and not as agent, nominee, or trustee on behalf of any Third-Party, unless expressly authorized and disclosed as a Representative of a User in accordance with this Agreement.
Acanis Major UK Ltd’s Representations and Warranties
Acanis Major UK Ltd represents and warrants that it shall perform the Services and discharge its obligations under this Agreement with due skill, care, diligence, and in accordance with applicable Law and professional standards.
Force Majeure
Acanis Major UK Ltd shall not be held liable, nor deemed in default or breach of this Agreement, for any failure, delay, or omission in the performance of its obligations under this Agreement, to the extent and for so long as such failure, delay, or omission is directly attributable to any act, event, or circumstance beyond its reasonable control (each, an “Event of Force Majeure”).
An Event of Force Majeure shall include, without limitation: acts of God; natural disasters; fire; flood; explosion; epidemic or pandemic; war (declared or undeclared); acts of terrorism; civil commotion or insurrection; embargoes; sanctions; labor disputes or strikes (other than those involving the workforce of Acanis Major UK Ltd); interruption or failure of utility services, telecommunications, or internet connectivity; cyber-attacks or system failures; and any acts, regulations, orders, or restrictions imposed by any Governmental Authority.
The protections of this clause shall apply only where:
The Event of Force Majeure is not attributable to the fault or negligence of Acanis Major UK Ltd.
Such Event of Force Majeure could not, despite the exercise of reasonable foresight, diligence, and commercially prudent precautions, have been prevented, avoided, or removed.
Acanis Major UK Ltd has used all reasonable efforts, alternative measures, and mitigation strategies available to overcome, minimize, or limit the adverse effect of such Event of Force Majeure on its performance of obligations.
Acanis Major UK Ltd shall notify the User of the occurrence of an Event of Force Majeure, its expected impact, and the anticipated duration thereof as soon as reasonably practicable.
Limitation of Liability
Limited Warranties
You expressly acknowledge and agree that the Acanis Major UK Ltd Website, together with all associated components, interfaces, equipment, documentation, data, software, and technology (collectively, the “Platform”), are made available by Acanis Major UK Ltd strictly on an “as is” and “as available” basis, and with all faults, defects, and deficiencies that may exist from time to time.
To the maximum extent permitted by applicable Law, neither Acanis Major UK Ltd, nor any Partner, nor any Third-Party Technology Provider, makes or shall be deemed to make any warranties, representations, conditions, or guarantees of any kind, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, uninterrupted or error-free performance, accuracy, timeliness, completeness, reliability, or any warranties that may arise by virtue of trade usage, custom, course of dealing, or performance.
Without limiting the generality of the foregoing:
Acanis Major UK Ltd does not warrant or guarantee that access to, or use of, the Website or Services will be continuous, uninterrupted, timely, secure, error-free, or free from viruses, malicious code, or other harmful components.
Acanis Major UK Ltd does not warrant or guarantee the accuracy, adequacy, reliability, timeliness, or completeness of any data, content, or information made available on or through the Website, nor does it warrant that any specific results, commercial outcomes, or economic benefits will be achieved by you through the use of the Website or Services.
Acanis Major UK Ltd shall bear no liability in connection with any claims, losses, damages, delays, failures, interruptions, defects, inaccuracies, or deficiencies arising out of or related to any software, technology, equipment, network, data, or other components (whether provided by Acanis Major UK Ltd or a Third-Party) required for, or associated with, the operation of the Website.
You further acknowledge that certain software, devices, or equipment used by you may not be compatible with, or support all functionalities of, the Website or Services, and Acanis Major UK Ltd assumes no liability for such incompatibility.
No Advice
Neither Acanis Major UK Ltd nor any Partner or Third-Party Technology Provider shall be deemed to endorse, recommend, promote, or otherwise support any currency, digital asset, financial instrument, or transaction accessible on, or capable of being conducted through, the Acanis Major UK Ltd Website.
You expressly acknowledge and accept that all transactions undertaken via the Website involve substantial risks, including but not limited to market volatility, liquidity risks, operational risks, and potential loss of the entirety of funds committed.
Acanis Major UK Ltd does not, and shall not, provide you with financial, tax, legal, investment, employment, accounting, or other professional advice of any nature. Any and all data, materials, or information made available on or through the Website—including, without limitation, price quotations, indicative forecasts, return projections, performance simulations, and historical data—are furnished strictly for informational purposes only. Such information does not constitute, and shall not be construed as:
An offer, solicitation, invitation, or recommendation to buy, sell, or otherwise deal in any currency, asset, or financial product.
An endorsement of the suitability of any transaction for your individual financial, tax, or legal circumstances.
A guarantee, warranty, or representation of future results or performance.
You agree and confirm that the Website, together with any data or content made available thereon, shall not serve, and shall not be relied upon, as the primary or exclusive basis for any transactional, financial, or investment decision.
For the avoidance of doubt, you acknowledge that Acanis Major UK Ltd is not, and shall not be deemed to be, your financial advisor, fiduciary, or agent in connection with your use of the Website or Services. Any reliance by you upon data, content, or materials obtained through the Website shall be entirely at your own discretion, judgment, and risk.
Limitation of Liability
You hereby acknowledge and agree that, to the fullest extent permitted by applicable Law, and provided that Acanis Major UK Ltd has exercised reasonable care and skill in the performance of the Services and in discharging its obligations under this Agreement, neither Acanis Major UK Ltd nor any of its Partners, Representatives, or Third-Party Technology Providers shall, under any circumstances, be liable to you, your Partners, or any other Person for:
Any indirect, incidental, exemplary, punitive, special, or consequential damages.
Any loss of profits, revenue, business opportunity, goodwill, data, or reputation.
Any costs associated with service or product substitution; any downtime, interruption, delay, or unavailability of the Acanis Major UK Ltd Website.
Any other losses, damages, or expenses of a similar nature, whether arising in contract, tort (including negligence), strict liability, or otherwise, and whether or not Acanis Major UK Ltd has been advised of the possibility of such loss or damage.
Notwithstanding any provision to the contrary contained herein, the aggregate liability of Acanis Major UK Ltd, whether arising in contract, tort, statute, equity, or otherwise, in connection with, relating to, or arising out of this Agreement, the Services, or your access to or use of the Website, shall in no event exceed an amount equal to the total Fees actually paid by you to Acanis Major UK Ltd during the three (3) calendar months immediately preceding the occurrence of the event giving rise to such liability.
Reasonable Allocation of Risk
The Parties expressly acknowledge and agree that the exclusions, restrictions, and limitations of liability set forth in this Agreement are of the essence to the contractual allocation of risk between the Parties and form a fundamental basis of the Fees established for the provision of the Services. The Parties further acknowledge that, absent such limitations of liability, the Fees payable by the User would necessarily be substantially higher in order to compensate Acanis Major UK Ltd for the assumption of such additional risk. Accordingly, the User expressly agrees and confirms that the limitations and exclusions of liability stipulated herein are fair, reasonable, and proportionate in light of the nature of the Services, the risks inherent thereto, and the level of compensation agreed upon.
Exceptions to Limitation of Liability
Notwithstanding any provision to the contrary contained in this Agreement, nothing herein shall operate so as to exclude or limit, or be construed as an attempt to exclude or limit, either Party’s liability in respect of:
Fraud or fraudulent misrepresentation.
Death or personal injury resulting from its own negligence.
Any other category of liability which cannot lawfully be excluded or limited under the applicable Laws.
Indemnification
You hereby covenant and undertake to fully indemnify, defend, and hold harmless Acanis Major UK Ltd, together with its directors, officers, employees, agents, and authorized representatives, from and against any and all losses, damages, liabilities, deficiencies, penalties, fines, judgments, settlements, costs, expenses, and claims of whatsoever nature (including, without limitation, reasonable legal and professional fees and disbursements) which may be incurred, sustained, or suffered by Acanis Major UK Ltd, directly or indirectly, arising out of, relating to, or in connection with:
Your access to, or use of, the Website.
Your failure to duly, fully, and punctually perform any of your obligations under this Agreement, including but not limited to any default, omission, or non-performance in relation to any Transaction.
Any representation, warranty, covenant, or undertaking made by you under this Agreement being, or at any time becoming, untrue, inaccurate, incomplete, or misleading.
Any access to, or use of, the Website, your Account, or any related functionality by any Person making use of your password, login credentials, or any other User Account Data, whether or not such access or use occurs with your knowledge, consent, or authorization.
Any breach or contravention by you of any applicable Law, rule, regulation, directive, or order, or any infringement upon the rights, title, or legitimate interests of any Third-Party.
This indemnity shall apply to the fullest extent permissible under applicable Law and shall survive the termination or expiration of this Agreement.
Amendments of The Agreement
Acanis Major UK Ltd shall retain the full and exclusive right, subject to the provisions of this Agreement and applicable Law, to amend, revise, supplement, or otherwise modify the Terms and Conditions of this Agreement, including any of its integral components, from time to time at its sole discretion.
Right to Amend: Acanis Major UK Ltd expressly reserves the unilateral right, in its sole discretion, to amend, modify, supplement, or replace any provision of this Agreement, including its essential and integral parts, at any time, in order to comply with applicable Law, regulatory requirements, industry standards, or to improve, clarify, or otherwise update the Terms governing the use of the Website, and Services.
Notification of Amendments: any such amendment shall become effective upon publication on the official Website of Acanis Major UK Ltd, unless a later effective date is expressly indicated. Where required by applicable Law, Acanis Major UK Ltd shall provide 2 months’ prior notice of such amendments to the User via the contact details contained in the User’s Account Data and/or by means of a notice posted on the Website.
Consent by Continued Use: the User acknowledges and agrees that continued access to or use of the Website, and Services after the effective date of any amendment shall constitute full acceptance of, and agreement to be legally bound by, such amendment.
Explicit Consent for Material Amendments: notwithstanding the foregoing, where an amendment constitutes a material change to this Agreement—defined as a change which materially affects the rights or obligations of the User—Acanis Major UK Ltd shall require the User’s explicit consent prior to such amendment becoming binding. Explicit consent shall be obtained through affirmative action, including (but not limited to) clicking “I Agree” or a functionally equivalent confirmation mechanism on the Website. Failure to provide such explicit consent shall result in the User being deemed to have rejected the material amendment and may lead to termination or suspension of the User’s Account in accordance with the termination provisions set forth herein.
Rejection of Amendments: If the User does not agree with the amendments to the Agreement, the User has the right to unilaterally terminate the Agreement with immediate effect by providing a termination notice before the amendments enter into force.
Confidentiality and Disclosure
Confidentiality Obligations
You hereby undertake to preserve in strict confidence, and not to disclose, divulge, or otherwise make available to any Third-Party, any and all Confidential Information pertaining to Acanis Major UK Ltd that is obtained, directly or indirectly, pursuant to or in connection with this Agreement or any related investigations. You further covenant and agree to ensure that your officers, directors, employees, agents, contractors, consultants, and any other Representatives, as applicable, are bound by and shall fully adhere to the same confidentiality obligations imposed upon you under this Agreement.
The foregoing obligations of confidentiality shall not extend to any Confidential Information that:
Was lawfully in your possession prior to the execution of this Agreement, without any restriction on disclosure.
Is or becomes available to you from a Third-Party, provided that such Third-Party is not, to your knowledge, bound by any duty of confidentiality, contractual or otherwise, in respect of such information.
Is or becomes publicly available through no breach of this Agreement by you or your Representatives.
Is voluntarily disclosed to the public by Acanis Major UK Ltd.
User Information Disclosure
Acanis Major UK Ltd shall not disclose, disseminate, or otherwise transfer any information relating to Users or prospective Users of the Website, except where such disclosure is made to its duly authorized Representatives in the ordinary and proper course of Acanis Major UK Ltd’s business operations, including but not limited to its payment card relationships.
Notwithstanding the foregoing, Acanis Major UK Ltd may disclose a User’s Personal Data to law enforcement authorities, data protection regulators, governmental agencies, or other competent Governmental Authorities, strictly to the extent such disclosure is:
Mandated by applicable Law.
Compelled by lawful process, including but not limited to subpoena, judicial order, regulatory decision, or other enforceable legal procedure.
Reasonably necessary to prevent or mitigate damage, harm, or financial loss to Acanis Major UK Ltd, the User, or any Third-Party.
Required to report suspected unlawful or fraudulent conduct.
Necessary for the investigation, enforcement, or prosecution of violations of this Agreement or of any applicable Law.
All such disclosures shall be made in good faith and limited strictly to the information required to satisfy the relevant legal or regulatory obligation.
Final Provisions
Notices
Except where expressly provided otherwise in this Agreement or where otherwise required by applicable Law, all notices, communications, consents, approvals, and other documents relating to the performance or enforcement of this Agreement (collectively, “Notices”) shall be validly given only if delivered in writing by electronic mail from one Party’s duly authorized electronic mail address to the other Party’s duly authorized electronic mail address. For the purposes of this clause, an “Authorized Address” shall mean the electronic mail address expressly designated in this Agreement by a Party for receipt of Notices, or any substitute electronic mail address subsequently notified in writing by such Party to the other Party in accordance with this clause. A Notice sent in conformity with this clause shall be deemed to have been duly received on the date of transmission, provided that no delivery failure or similar error message is generated.
For the User: the electronic mail address specified and maintained within the User Account at the time of transmission, as updated from time to time in accordance with this Agreement.
For Acanis Major UK Ltd: the following authorized electronic mail address —
info@acanis.io, or such other address as may be duly notified in writing by Acanis Major UK Ltd in accordance with this Agreement.
Any Notice provided by Acanis Major UK Ltd to the User shall be deemed to have been duly given and validly served as follows:
If delivered by hand: at the time of actual delivery to the address of the relevant Party, evidenced by written acknowledgment of receipt; if dispatched by prepaid first-class post: at 9:00 a.m. (local time at the place of receipt) on the second (2nd) Business Day following the date of posting.
If dispatched by airmail: at 9:00 a.m. (local time at the place of receipt) on the fifth (5th) Business Day following the date of posting.
If transmitted by electronic mail: at the time of transmission, provided that (i) no “failed delivery” or similar error message is received by the sender, and (ii) delivery is confirmed either by an automated “read receipt” or by a written response from the recipient. Notices by email shall only be valid if sent from the Company’s designated support email address or any other email address using the official @acanis.io domain name.
Deemed Receipt of Electronic Communications
An electronic mail message (“Email Notice”) shall be deemed to have been duly received by the recipient upon the earlier of: (i) the sender’s receipt of an automated “read receipt” generated by the recipient’s system, or (ii) the recipient’s written reply to such Email Notice; provided, however, that:
If, in accordance with the foregoing, any Email Notice would otherwise be deemed given or received after 5:00 p.m. (local time at the place of receipt) on a Business Day, or at any time on a day that is not a Business Day, such Email Notice shall instead be deemed duly given and received at 9:00 a.m. (local time at the place of receipt) on the next succeeding Business Day.
If no “read receipt” or written reply is received by the sender within two (2) Business Days following the transmission of the relevant Email Notice, such Email Notice shall, in the absence of evidence to the contrary, be deemed duly given and received at 9:00 a.m. (local time at the place of receipt) on the third (3rd) Business Day following transmission.
Internal System Notifications
Without prejudice to the foregoing, Acanis Major UK Ltd reserves the right to provide notices, communications, or information relating to Transactions, use of the Website, modifications to this Agreement, or updates to publicly available documents via: (i) electronic notifications within the User’s Account; (ii) electronic messages sent to the email address specified in the User Account Data; and/or (iii) official announcements or news posts published on the Website. Any such notification, message, announcement, or post shall be deemed to have been validly delivered and received by the User at the earlier of: (a) the time it becomes accessible to the User within their Account or via the Website; or (b) the time it is dispatched to the User’s designated email address.
Severability
If, at any time, any provision of this Agreement (or any part thereof) is determined to be invalid, illegal, or unenforceable in any respect under the Law of any jurisdiction, such invalidity, illegality, or unenforceability shall not affect:
The validity, legality, and enforceability of the remaining provisions of this Agreement in such jurisdiction.
The validity, legality, and enforceability of such provision, or any other provision of this Agreement, in any other jurisdiction.
In the event that any provision (or part thereof) is declared invalid, illegal, or unenforceable by a court of competent jurisdiction or other Governmental Authority, such provision (or relevant part thereof) shall, to the extent necessary, be deemed severed and deleted from this Agreement. The remainder of this Agreement shall continue in full force and effect as if such provision (or relevant part thereof) had never been contained herein.
Partner and Third Party Rights
The Parties expressly acknowledge and agree that each Partner of Acanis Major UK Ltd. shall be deemed a Third Party beneficiary of this Agreement and shall be entitled to directly enforce any rights, protections, or benefits expressly conferred upon such Partner herein. Except as expressly provided in this Agreement with respect to Partners, no Person who is not a Party hereto shall have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this Agreement.
Waiver
No failure or delay by either Party in exercising any right, power, or remedy under this Agreement, or under applicable Law, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of the same or any other right, power, or remedy. The waiver of any breach or default under this Agreement shall not constitute, nor be construed as, a waiver of any subsequent or continuing breach or default of the same or any other provision. Any waiver shall be valid only if made in writing and duly executed by the Party granting such waiver.
Cumulative Remedies
Unless expressly stipulated otherwise in this Agreement, all rights, powers, and remedies conferred upon either Party under this Agreement are cumulative with, and in addition to, any rights, powers, or remedies available to such Party at Law or in equity. The exercise, waiver, or partial exercise of any right, power, or remedy by a Party shall not preclude or restrict the concurrent or subsequent exercise of any other right, power, or remedy, whether under this Agreement, at Law, or in equity, unless expressly stated otherwise herein.
Injunction Relief
The User expressly acknowledges and agrees that monetary damages may be inadequate to remedy any breach or threatened breach of this Agreement, or any unauthorized use, disclosure, or infringement of the Intellectual Property Rights of Acanis Major UK Ltd or its licensors. Accordingly, and without prejudice to any other rights or remedies available at Law or in equity, Acanis Major UK Ltd shall be entitled, in its sole discretion and without the necessity of proving special damages or posting bond or other security, to seek and obtain equitable relief, including, without limitation, injunctive relief, specific performance, or such other equitable remedies as a court of competent jurisdiction may deem appropriate, in order to prevent, restrain, or otherwise remedy any such breach or unauthorized conduct.
Change of Control
In the event that Acanis Major UK Ltd undergoes a merger, consolidation, reorganization, acquisition, or other corporate restructuring, or if all or any material portion of its assets, equity interests, or business operations are transferred, sold, assigned, or otherwise conveyed to a third party (collectively, a “Change of Control”), Acanis Major UK Ltd reserves the absolute right, without the need for further consent from the User, to assign, transfer, or otherwise convey any and all rights and obligations under this Agreement, including, without limitation, the right to transfer any information, records, and data collected from or relating to the User, including but not limited to Personal Data, User Account Data, and any other related information, as part of or in connection with such Change of Control. The User hereby irrevocably consents to and acknowledges the validity of such transfer or assignment and agrees that any successor, assignee, or transferee of Acanis Major UK Ltd pursuant to a Change of Control shall assume the rights and obligations of Acanis Major UK Ltd under this Agreement and shall be entitled to enforce this Agreement in full against the User.
Assignment
The User shall not assign, transfer, delegate, or otherwise dispose of, whether voluntarily, involuntarily, by operation of law, or otherwise, this Agreement or any of its rights, interests, or obligations hereunder without the prior written consent of Acanis Major UK Ltd, and any purported assignment, transfer, or delegation made without such consent shall be deemed null, void, and of no legal effect. Notwithstanding the foregoing, Acanis Major UK Ltd shall retain the unrestricted and absolute right, without requiring further consent from the User, to assign, transfer, delegate, or otherwise convey this Agreement, in whole or in part, together with any and all associated rights and obligations, to (i) any of its Partners, Affiliates, or successors, or (ii) any Third-Party in connection with a merger, consolidation, reorganization, sale, transfer, or other disposition of all or any material portion of its assets, equity interests, or business operations. By entering into this Agreement, the User irrevocably consents in advance to any such assignment, transfer, or delegation by Acanis Major UK Ltd, including, without limitation, the transfer and disclosure of Personal Data, User Account Data, and any other information provided by or relating to the User, as well as any Funds credited to the User’s Account(s), in connection with such assignment or transfer. Any permitted assignee or transferee of Acanis Major UK Ltd shall thereupon be deemed fully substituted for Acanis Major UK Ltd and shall be entitled to enforce this Agreement in its entirety against the User. Survival of Obligations. Any assignment, transfer, or delegation pursuant to this clause shall not discharge, release, or otherwise affect Acanis Major UK Ltd’s liability for any obligations accrued and outstanding prior to the effective date of such assignment or transfer, unless and until such obligations are expressly assumed in writing by the permitted assignee or transferee.
English Language Controls
This Agreement has been executed and delivered in the English language, which shall be deemed the sole and controlling language for all purposes of interpretation, construction, and enforcement. The English language version of this Agreement shall constitute the original and authoritative expression of the Parties’ rights, obligations, and intentions hereunder.
In the event of any inconsistency, ambiguity, or conflict between the English language version of this Agreement and any translation thereof into another language, whether official or unofficial, the English language version shall prevail, govern, and supersede in all respects. All notices, communications, and legal proceedings arising under or in connection with this Agreement shall be conducted exclusively in the English language, unless otherwise expressly agreed in writing by the Parties.
Imperative Norm
This Agreement, together with any dispute, controversy, claim, or matter arising out of, relating to, or in connection with it (including, without limitation, any non-contractual obligations and any pre-contractual representations, statements, or arrangements), shall be governed by, and shall be construed and interpreted in accordance with, the laws of England and Wales, without regard to any conflict of laws principles that would result in the application of the laws of any other jurisdiction.
Recordings
The User expressly acknowledges and agrees that Acanis Major UK Ltd may, at its sole and absolute discretion, monitor and/or record any and all telephone conversations, electronic communications, or other forms of correspondence between the User and the Company, including but not limited to communications with the Company’s technical support personnel, whether or not accompanied by an automatic tone or other notification of such recording.
The User hereby grants the Company an irrevocable and unconditional consent to retain, store, use, reproduce, and/or transcribe any such recordings for purposes including, without limitation, evidentiary use in connection with any dispute, claim, proceeding, or other matter arising out of or relating to this Agreement, the Services, or any Transactions, as well as for compliance, training, and monitoring purposes, to the extent permitted by applicable Law.
Such recordings and any transcripts thereof shall constitute the exclusive property of the Company and may be relied upon by the Company as conclusive evidence of the communications so recorded, admissible in any legal, regulatory, arbitral, or administrative proceeding, notwithstanding any objection to admissibility on grounds of hearsay or otherwise.
Miscellaneous
With respect to any matters not expressly governed or provided for under this Agreement, the Parties shall be governed by, and their respective rights and obligations shall be determined in accordance with, the provisions of the applicable Laws in force within the relevant jurisdiction.
