Terms and Conditions
1.0.ACCEPTANCE OF TERMS
1.1.1. The following Terms and Conditions (the “Terms”) apply to any person that registers for and/or opens a Skye Wallet Account through Skye Wallet.com or any associated mobile or web applications, website, or APIs.
1.1.2. By accessing or using our Platform at https://www.skyewallet.com including our subdomains and our mobile application or our Platform, you (the “User”, “User” “Client” or “you”) signify that you have read, understood and agreed to be bound by these Terms and Conditions of service (“Terms” or “Agreement”).
1.1.3. The Terms constitute a legally binding agreement between you and Skye Innovation Technology Limited (“Skye Wallet”), a company incorporated under the laws of the Federal Republic of Nigeria and govern your access to and use of the Skye Wallet cryptocurrency exchange platform (the ‘‘Platform’’). For further information on Skye Innovation Technology Limited, and its operating subsidiaries, please see the [About page] on the Skye Wallet website.
1.2. About Skye Wallet
1.2.1. Skye Wallet is a super-simple interfaced web and app-based cryptocurrency wallet and exchange platform that performs all cryptocurrency activities in one Click.
1.3.1. By registering for and opening a Skye Wallet Account, you unconditionally accept these Terms and agree to be bound by and act in accordance with them.
1.3.2. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of the Skye Wallet website and/or your Skye Wallet Account, including but not limited to, those related to, taxes or foreign currency transactions. Please read these Terms carefully before using the Platform because they affect your legal rights and obligations.
1.4. Supremacy Clause
1.4.1. To the fullest extent permitted by law, these Terms prevail over any inconsistent terms or conditions contained, or referred to, in any correspondence between the User and the Skye Wallet, on the Platform, website, subdomain or implied by law, trade custom, practice or course of dealing.
1.4.2. No terms or conditions delivered with or contained in a User’s correspondence with Skye Wallet shall form part of the Contract and the User waives any right which it otherwise might have to rely on such terms and conditions.
1.5.1. For the purposes of these Terms, any reference to “we” “us” “our” “Skye Wallet” and/or any similar term shall be construed as reference to Skye Wallet.
2.0. AMENDMENT OF TERMS
2.1. Skye Wallet may amend the Terms from time to time.
2.2. You should visit the terms and conditions page on the Platform regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms.
2.3. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations.
2.4. Any such notice will be posted on the Platform, or sent to the email address associated with your Skye Wallet Account.
2.5. The continued use of your Skye Wallet Account, after any amendment to these Terms, constitutes your acceptance of the Terms, as modified by such amendment.
2.6. If you do not accept the Terms, or any amendment to them, you must immediately stop using the Platform and your Skye Wallet Account.
3.0.REGISTRATION AND ONBOARDING
3.1. Where any part of the Platform requires you to register in order to use it, you are obliged to provide accurate and complete registration information.
3.2.It is your responsibility to update and maintain any changes to that information by altering your details as appropriate.
3.3.The Platform shall allow you access to use registration areas of the Platform on the basis that:
- 3.3.1. You satisfy all the eligibility criteria stipulated in clause 3 below;
- 3.3.2. Your personal details including your email address and password are personal to you and may not be used by anyone else;
- 3.3.3. You shall not do anything to assist anyone who is not a registered user to gain unauthorized access to any area of the Platform or use your account to carry out transactions on behalf of a third party;
- 3.3.4. You submit and consent to all verification of all KYC documentation, including but not limited to BVN validation and anti-money laundering checks that may be conducted by Skye Wallet in compliance with applicable laws;
- 3.3.5. You will not use your Skye Wallet Account for or in relation to any illegal or prohibited activity in violation of any laws, statutes, ordinances or regulations;
- 3.3.6. You shall not maliciously create accounts for the purpose of abusing the functionality of the Platform, or other users, nor do you seek to pass yourself off as another user;
- 3.3.7. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including a spouse, children and other relatives) and, except to the extent caused by our breach of these Terms.
- 3.3.8. We and our affiliates shall not responsible for unauthorized access to your account, and you will contact us immediately you notice an unauthorized third party may be using your account or if your account information is lost or stolen; and
- 3.3.9. You shall comply at all times with the terms herein (as may be amended from time to time).
4.1.By opening a Skye Wallet Account, you expressly warrant and represent that:
- 4.1.1. You are 18 years of age or over and have full capacity to accept the Terms and enter any transaction available through the Platform;
- 4.1.2. You will not open, or attempt to open, a Skye Wallet Account under any name except your own; or use your Skye Wallet Account to carry out transactions on behalf of a third party;
- 4.1.3. You will follow the Skye Wallet business account application process if you seek to open and use a Skye Wallet Account for a non-individual legal entity (e.g. a company, trust or partnership);
- 4.1.4. You will not have more than one Skye Wallet Account; use or access any Skye Wallet Account other than your own; or assist any other person in obtaining unauthorized access to any Skye Wallet Account;
- 4.1.5. You will provide security for transactions carried out through your Skye Wallet Account by ensuring there is sufficient Local Currency or digital currency (as the case may be) in your Skye Wallet Account in advance of any transaction;
- 4.1.6. You will not allow or facilitate the deposit of Local Currency into your Skye Wallet Account unless that deposit is made in accordance with the Deposit Requirements stated on our website from time to time;
- 4.1.7. You will not allow or facilitate the withdrawal of Local Currency from your Skye Wallet to a bank account held in the name of a third party (see Withdrawals);
- 4.1.8. You will not use your Skye Wallet Account for or in relation to any illegal activity, any Prohibited Activity, in violation of any laws, statutes, ordinances or regulations, or in breach of Skye Wallet’s Export Controls and Sanctions requirements;
- 4.1.9. We retain the absolute right to prevent you from accessing the Platform, without prejudice to any of our accrued rights, where the Platform, at our sole discretion, consider that you have, or are contravening the Terms.
- 4.2.By opening a Skye Wallet Account you accept and agree that Skye Wallet may, without further notice and in its sole discretion, terminate, suspend or restrict the account of any customer who uses, or who we reasonably suspect may be using, the Platform or any Skye Wallet Account in a manner that is inconsistent with the letter or spirit of these Terms.
5.0.RISKS ASSOCIATED WITH THE PLATFORM
5.1. You should ensure that you understand the risks involved in buying, selling or trading digital currencies.
5.2.Digital currency markets are volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets.
5.3.There may be additional risks not identified in these Terms or in the risk warning page.
5.4.You should carefully assess whether your financial situation and risk tolerance is suitable for buying, selling or trading digital currency.
5.5.You accept and agree that you are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with digital currency.
6.1.You agree that you will not receive interest or other earnings on the funds in your Account.
6.2.You irrevocably transfer and assign to Skye Wallet any and all rights that you may have to any interest that may accrue on funds held in your Account. This assignment applies only to interest earned on the funds held in your Account.
7.1.Skye Wallet implements and maintains the highest standards of Know Your Customer (“KYC”) processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing.
7.2.While our industry is largely unregulated, Skye Wallet voluntarily adheres to local and international compliance standards in relation to customer due diligence, as explained on the Compliance page of the Skye Wallet website.
7.3.To ensure we meet these standards, our customers are required to provide certain personal details and documents when opening a Skye Wallet Account (“Identity Verification”). The nature and extent of the Identity Verification required will depend upon which of our supported countries you are resident in, and the deposit and withdrawal limits that you wish to apply to your Skye Wallet Account.
7.4.In certain circumstances, Skye Wallet may also perform enhanced due diligence (“EDD”) procedures in relation to your Skye Wallet Account. You accept and agree that you will remain subject to such procedures at all times.
7.5.Skye Wallet reserves the right to, at any time:
- 7.5.1. restrict or suspend your Skye Wallet Account when we, in our sole discretion, consider it necessary to carry out further Identity Verification and/or EDD; or · terminate your Skye Wallet Account if you provide, or we suspect you have provided, false information or refuse to provide information we require for Identity Verification and/or EDD.
- 7.5.2. You accept and agree that there may be delays in accessing your Skye Wallet Account, or in carrying out transactions through your Skye Wallet Account, while we undertake any Identity Verification and/or EDD procedures. Retention of information.
7.6.Skye Wallet is required to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures.
- 7.6.1. These requirements apply even when you have terminated your relationship with Skye Wallet.
- 7.6.2. We reserve the right to keep such information and documentation for the required period and you accept and agree that information and documentation you provide to Skye Wallet may be retained by us, including following the closure of your Skye Wallet Account.
8.0.THE SKYE WALLET
8.1.Skye Wallet allows you to send, receive and store digital currency (together, “Skye Wallet Transactions”).
8.2.Notwithstanding anything contained in these Terms, Skye Wallet reserves the right to create other means of carrying out Skye Wallet Transactions by the User from time to time and User must strictly follow the instructions provided by Skye Wallet in carrying out Skye Wallet Transaction whether or not such instruction is specifically catered for in these Terms. 5 Failure to comply with the instructions provided by Skye Wallet in carrying out the Skye Wallet Transaction may result in Skye Wallet not approving or effecting the Skye Wallet Transaction and the User holds Skye Wallet free from liability as a result of such non approval.
8.3.Supported Digital Currencies
- 8.3.1. The Skye Wallet is only available in relation to the digital currencies that Skye Wallet, in its sole discretion, decides to support (“Supported Digital Currency” or “Supported Digital Currencies'').
- 8.3.2. The Supported Digital Currencies may change from time to time.
- 8.3.3. Under no circumstances should you attempt to carry out a Skye Wallet Transaction in relation to a digital currency other than a Supported Digital Currency. In particular, but without limiting the generality of the foregoing, you accept and agree that you will have no access, entitlement or claim:
- 18.104.22.168. to any digital currency sent to an address associated with your Skye Wallet where that digital currency is not a Supported Digital Currency; or
- 22.214.171.124. to any digital currency sent to a receive address associated with your Skye Wallet, where that receive address is associated with another digital currency. For example, you will have no access, entitlement or claim to any Bitcoin Cash (BCH) sent to a Bitcoin (BTC) receive address.
8.4.Local Currency in your Skye Wallet
- 8.4.1. Local Currency deposited into your Skye Wallet is solely for:
- 126.96.36.199. the purchase of Supported Digital Currencies and/or
- 188.8.131.52. Withdrawal to an approved bank account (see Withdrawals).
- 8.4.2. In certain countries we may also allow you to purchase specific goods and/or services from selected third parties using your Local Currency balance (for example, Airtime in South Africa). You accept and agree that any such purchase will be subject to these Terms.
- 8.4.3. Proceeds from the sale of Supported Digital Currencies will be credited to your Local Currency Skye Wallet, less any applicable fees (as explained in Fees, and on the Fees and Features page of the Skye Wallet website).
- 8.4.4. Skye Wallet does not pay interest on Local Currency or Supported Digital Currency balances held in your Skye Wallet.
9.1.Skye Wallet will process Skye Wallet Transactions according to your instructions.
9.2.You accept and agree that Skye Wallet does not:
- 9.2.1. guarantee the identity of any user, receiver, or other party to a Skye Wallet Transaction. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information prior to submitting transaction instructions to Skye Wallet;
- 9.2.2. have any control over, or any liability in relation to, the delivery, quality or any other aspect of any goods or services that you may buy from or sell to any third party. Skye Wallet shall not be responsible for, and will take no action in relation 6 to, ensuring that any buyer or seller you transact with using your Skye Wallet completes the relevant transaction or has the requisite authority to do so.
10.0. RECEIVING DIGITAL CURRENCY
10.1. You may receive Supported Digital Currency into your Skye Wallet by providing the sender with a receiving address generated in your Skye Wallet.
10.2. Your Skye Wallet will only be credited with Supported Digital Currency sent to a receive address generated through your Skye Wallet and associated with that Supported Digital Currency. For example, your Skye Wallet account will be credited with BTC when BTC is sent to your BTC receive address generated on your Skye Wallet.
10.3. Funds received in error
- 10.3.1. In the event you know, suspect, or should reasonably know or suspect, that any Local Currency or digital currency has been credited to your Skye Wallet account (or to any bank account) in error, you must immediately notify Skye Wallet of the error by submitting a notification through the Skye Wallet customer support.
- 10.3.2. You accept and agree that you have no claim or entitlement to any Local Currency or digital currency received in error, and must immediately return such funds in accordance with the instructions received from Skye Wallet.
- 10.4.1. Where your identity has been verified, you may deposit Local Currency into your Skye Wallet account by depositing funds into the bank account of the Skye Wallet verified merchant provided (a “Deposit”).
- 10.4.2. Details of the Skye Wallet verified merchant bank account into which you must make the Deposit will be provided to you by Skye Wallet, and any such bank account will be held and operated by a Skye Wallet verified merchant operating in your country or region.
- 10.4.3. You accept and agree that any information you provide to Skye Wallet may be shared with such a local entity, which will process Local Currency transactions in accordance with Skye Wallet’s instructions.
- 10.4.4. The payment methods by which you may Deposit Local Currency will depend upon the country you are in, and are set out on the Fees and Features page of the Skye Wallet website (for the purposes of these Terms, the “Supported Deposit Methods'').
- 10.4.5. Where you have made a Deposit using a Supported Deposit Method, and have adhered to the Deposit Requirements (explained below), your Deposit will be allocated to your Skye Wallet.
- 10.4.6. Due to legal and operational constraints, you must strictly adhere to the following Deposit requirements (the “Deposit Requirements”):
- 10.4.6.1. You may only make a Deposit from a bank account (or other Supported Deposit Method) held in your own name. You must not allow any third party to make a Deposit into your Skye Wallet;
- 10.4.6.2. you may only Deposit Local Currency from a bank account (or other Supported Deposit Method) compatible with the deposit methods available in your country or region; 7
- 10.4.6.3. you may only make Deposits denominated in the Local Currency associated with your Skye Wallet For example, if you have a NGN wallet, you must only make Deposits in Nigerian Naira;
- 10.4.6.4. you must not use cash or cheques to make a Deposit. Skye Wallet reserves the right to refuse any Deposit made by cash or cheque. Should Skye Wallet decide, in its sole discretion, to allow a Deposit by cash or cheque on an exceptional basis, the allocation of such Deposit will be delayed to allow fraud and compliance checks to take place, and a Cash Deposit Penalty (see the Fees and Features page of the Skye Wallet website) may be deducted from it.
- 10.4.7. Any Skye Wallet Account that receives more than one cash or cheque deposit may, at Skye Wallet’s sole discretion, be suspended indefinitely.
- 10.4.8. You agree to abide by the Deposit Requirements and agree and accept that failure to do so may cause delay in or failure of any Deposit reflecting in your Skye Wallet account, and/or restriction, suspension or termination of your Skye Wallet Account and also loss of such funds.
- 10.4.9. Skye Wallet will bear no liability for any loss of funds as a result of your failure to make deposits following Skye Wallet’s express procedure and instructions.
10.5. Allocation of deposits
- 10.5.1. When you request to make a Deposit through your Skye Wallet, you will be provided with a Transaction ID or Unique Deposit Amount.
- 10.5.2. To permit timely and successful allocation of a Deposit to your Skye Wallet, you must use the Reference Number or Unique Deposit Amount when you make an online bank transfer or use any other Supported Deposit Method.
- 10.5.3. Skye Wallet will not be responsible for any delay in or non-allocation of Deposits to your Skye Wallet account where you fail to specify the required Transaction ID or Unique Deposit Amount.
- 10.5.4. Deposits may take time to reflect in your Skye Wallet due to bank processing times, operational processes, and/or failure by you to adhere to the Deposit Requirements. Under no circumstances will Skye Wallet have any liability to you in relation to any delay in or failure of a Deposit reflecting in your Skye Wallet.
- 10.5.5. Skye Wallet will make all reasonable efforts to allocate Deposits that do not meet the Deposit Requirements. However, any Deposits less than the Minimum Unallocated Deposit Amount that cannot be allocated within a one month period will be retained by Skye Wallet and you accept and agree that you shall have no further claim or entitlement to such funds. The Minimum Unallocated Deposit Amount shall until otherwise determined by Skye Wallet be NGN999.00 or the equivalent in your Local Currency.
- 10.5.6. Any Fiat Deposit complaint not reported within three (3) months from the date it was initiated shall be considered forfeited.
- 10.6.1. Where you have added your local bank account details to your Skye Wallet Account, you may withdraw funds from your Skye Wallet to your bank account (a “Withdrawal”).
- 10.6.2. Skye Wallet will process Withdrawals in accordance with your instructions. You are solely responsible for ensuring that any Withdrawal instructions provided to Skye Wallet, including the relevant bank account number, are complete and correct and you accept and agree that under no circumstances will Skye Wallet be under any obligation to reverse or amend any Withdrawal.
- 10.6.3. Skye Wallet will make all reasonable efforts to process Withdrawals each business day, in accordance with the Deposit and Withdrawal Schedule on the Skye Wallet website, but you accept and agree that Skye Wallet provides no guarantee in relation to the Withdrawal processing period.
- 10.6.4. Any Fiat withdrawal complaint not reported within three (3) months from the date it was initiated shall be considered forfeited.
- 10.6.5. Withdrawals to the bank account of any third party are expressly prohibited. You agree not to make, or attempt to make, any Withdrawal of funds from your Skye Wallet account to the bank account of a third party and accept that any such Withdrawal may be refused and/or result in the restriction, suspension or termination of your Skye Wallet Account.
10.7. Virtual Dollar Cards
- 10.7.1. Users who are verified up to level 2 and meet other requirements as may be contained in these Terms or as may be established by Skye Wallet from time to time, are eligible to get Virtual Dollar Cards.
- 10.7.2. The sum of $2 or any other amount stipulated by Skye Wallet shall be payable as activation fee to create a virtual dollar card.
- 10.7.3. User shall meet the Minimum Funding Fee requirement stipulated by Skye Wallet in order to be eligible and continue to use the Virtual Dollar Card.
- 10.7.4. Virtual Dollar Cards can be funded from User’s Skye Wallet.
- 10.7.5. Notwithstanding anything to the contrary in these Terms, the exchange rate applicable for all transactions on Skye Wallet shall be the discretion of Skye Wallet.
- 10.7.6. A User can only create 1 Virtual Dollar Card and no user may have 2 (two) Virtual Dollar Cards or have 2 (two) Skye Wallet Accounts.
- 10.7.7. Any User attempting to evade the foregoing provisions may be penalized by closure of all accounts and forfeiture of any amount in the said accounts to Skye Wallet.
- 10.8.1. The Skye Wallet Savings feature allows users to lock up USDT for a period of time and earn interest on the UDST locked up.
- 10.8.2. The savings feature is available to all users who have verified up to level 1 and fulfill conditions established by Skye Wallet.
- 10.8.3. Users agree that in using the Savings feature on Skye Wallet:
- 10.8.3.1. Users can only save USDT on the Skye Wallet savings feature;
- 10.8.3.2. Users create and have a USDT savings wallet;
- 10.8.3.3. Only funds in the savings wallet can be used to save;
- 10.8.3.4. Users can fund their savings wallet by transferring USDT from their USDT wallet to their Savings Wallet; 9
- 10.8.3.5. Users shall meet the minimum amount required for the savings wallet as established by Skye Wallet from time to time; and
- 10.8.3.6. Skye Wallet may create other requirements for the Savings feature
- 10.8.4. The Skye Wallet Savings feature consist of two (2) savings plan – Flexible Savings Plan and Fixed Savings Plan
- 10.8.5. Flexible Savings Plan: Users can choose to break their flexible savings plan at any time before the maturity date and Users who choose to break their Flexible Savings Plan before the due date will lose all their accrued interest and will be charged a 2% processing fee (or any other amount fixed from time to time) on the amount locked up.
- 10.8.6. Fixed Savings Plan: A user cannot break their Fixed Savings Plan and all Fixed Savings Plans will end on the date of maturity
11.1. Skye Wallet reserves the right to change our fees at any time and will update the Fees and Features page accordingly. We reserve the right to change fees for the Services in the future.
11.2. In certain circumstances, and at our sole discretion, Skye Wallet may notify selected customers of a specific fee change, where we consider a change to be of particular relevance to such customers.
11.3. Send and Receive fees
- 11.3.1. You may be charged a fee to send Supported Digital Currency from your Skye Wallet and/or to receive Supported Digital Currency into your Skye Wallet.
- 11.3.2. Fees will apply where Supported Digital Currency is sent to or received from a Supported Digital Currency address (e.g. a Bitcoin address); no fees will apply where Supported Digital Currency is sent to or received from a mobile telephone number or email address. Please see the Fees and Features page of the Skye Wallet website for further information on send and receive fees.
11.4. Deposit and Withdrawal fees
- 11.4.1. All Withdrawals from your Skye Wallet Wallet will incur a fee. Such fees differ by country and are set out on the Fees and Features page of the Skye Wallet website.
- 11.4.2. Some Deposits made using a Supported Deposit Method may incur a fee, as set out on the Fees and Features page, and cash Deposits may incur a Cash Deposit Penalty (see Deposits). Such fees will be displayed in your transaction history upon completion of the transaction.
11.5. Instant Buy and Sell fees
- 11.5.1. The quoted exchange rate in relation to any buy or sell order placed using the Buy and Sell service will include an amount to reflect Skye Wallet’s facilitation of the relevant trade, the percentage of which will vary with market conditions Account Security Skye Wallet takes security very seriously. However, you are solely responsible for:
- 184.108.40.206.maintaining adequate security and control over your Skye Wallet Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), API keys, or any other codes associated with your Skye Wallet Account;
- 220.127.116.11. keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security (see Electronic Communications);
- 18.104.22.168.maintaining security and control over the email mailbox, phone number and devices associated with your Skye Wallet Account. Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your Skye Wallet Account and the loss or theft of any digital currency and/or Local Currency balances held in your Skye Wallet or any linked bank account(s). Skye Wallet shall have no liability to you for or in connection with any unauthorised access to your Skye Wallet, where such unauthorised access was due to no fault of Skye Wallet, and/or any failure by you to act upon any notice or alert that we send to you.
- 22.214.171.124.1. The security of your Skye Wallet Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment.
- 126.96.36.199.2. Skye Wallet strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks.
- 188.8.131.52.3. Care should be taken in reviewing messages purporting to originate from Skye Wallet and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your Skye Wallet Account through the Skye Wallet website (specifically, https://www.Skye Wallet.com), and not any other domain name or website purporting to be, or to be related to, Skye Wallet) to review any transactions or required actions.
- 184.108.40.206.4. To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your Skye Wallet Account and accept all risks of any unauthorised or authorised access to your Skye Wallet Account.
11.6. Service Availability
- 11.6.1. While we will do everything we can to provide continuous operations, Skye Wallet does not provide any warranty in relation to the availability of the Platform or your Skye Wallet Account.
- 11.6.2. Without limiting the generality of the foregoing:
- 220.127.116.11. we do not guarantee continuous access to the Platform or your Skye Wallet Account and make no representation that the Platform, Skye Wallet API, your Skye Wallet Account and/or any products or services offered therein will be available without interruption; or
- 11 18.104.22.168.that there will be no delays, failures, errors, omissions or loss of transmitted information.
11.7. Transactions On Digital Currency Networks
- 11.7.1. When you use your Skye Wallet Account to send or receive digital currency, the transaction must be confirmed and recorded in the public ledger associated with the relevant digital currency network (e.g. the Bitcoin network).
- 11.7.2. Digital currency network is solely responsible for verifying and confirming any such transactions. Skye Wallet cannot confirm, cancel or reverse transactions on a digital currency network, other than confirming to you that the network has completed the transaction.
- 11.7.3. You accept and agree that:
- 22.214.171.124.Once submitted to a digital currency network, a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Skye Wallet balance or be available to you to conduct transactions;
- 126.96.36.199. When you send digital currency from your Skye Wallet Account, you are authorising us to submit your transaction request to the relevant digital currency network. Once a transaction request has been submitted to the relevant digital currency network, the network will automatically complete or reject the request and neither you nor Skye Wallet will be able to cancel or otherwise modify your transaction.
- 11.7.4. Digital currency networks are operated by decentralised networks of independent third parties. They are not owned, controlled or operated by Skye Wallet so we cannot ensure that any transaction details you submit will be confirmed by the relevant digital currency network.
- 11.7.5. You agree that any transaction details you submit may not be completed, or may be substantially delayed, by the digital currency network used to process the transaction.
12.0. NETWORK PROTOCOLS AND OPERATING RULES
- 12.1. The underlying software protocols that govern the operation of the Supported Digital Currencies are open source. Accordingly, anyone can use, copy, modify, and distribute them and Skye Wallet has no ownership of or control over these protocols.
- 12.2. By using the Platform, you accept and agree that:
- 12.2.1. Skye Wallet is not responsible for the operation of any digital currency network’s underlying software protocols and makes no guarantee as to their availability, security, or functionality;
- 12.2.2. the underlying software protocols are subject to sudden changes in operating rules (known as “forks”), and that such forks may materially affect the value, function, and/or name of any digital currency you store in your Skye Wallet Account. Should a fork occur, Skye Wallet may, with or without notice to you, temporarily suspend our operations and, in our sole discretion, decide whether or not to support either branch of the forked protocol entirely; and
- 12.2.3. In the event Skye Wallet decides not to support a branch of a forked protocol, you will not be given access to the assets on that fork. Those assets will be securely held by Skye Wallet and we will not buy or sell them.
- 12.3. Any crypto currency deposit or withdrawal complaint not reported within three (3) months from the date it was initiated shall be considered forfeited.
13.0. INDEMNITY AND LIMITATION OF LIABILITY
- 13.1. Neither we nor our directors, officers, employees or agents shall be liable for any losses, damages, costs or expenses incurred or suffered by you under these Terms unless arising directly from our or their respective gross negligence, wilful default or fraud.
- 13.2. In no circumstances shall we have any liability for consequential loss or special damage.
- 13.3. We shall not be liable for any partial or non-performance of our obligations hereunder by reason of any cause beyond our reasonable control, including without limitation any breakdown, theft, destruction, malfunction or failure of transmission, communication or computer facilities, industrial action, acts and regulations of any governmental or supra national bodies or authorities or the failure of any relevant third party, intermediate broker, agent or principal of ourselves, custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations.
- 13.4. You will make all your own decision to access and/or use our Platform or to enter into or execute any Transaction and/or Contract.
- 13.5. You acknowledge and agree that our Platform does not and will not serve as the primary basis for any of your investment decisions concerning your Skye Wallet Account.
- 13.6. You are solely responsible for any investment decisions you make with respect to products identified on our Platform and neither we, nor our directors, officers, shareholders, partners, members employees, agents, service providers, legal representatives and/or Affiliates (together our ‘Associates’) shall be responsible for determining whether any Transaction you enter into is suitable, appropriate or advisable.
- 13.7. Neither we, nor our Associates are and will be, by virtue of providing the Platform, an advisor or fiduciary for you or any Authorized Person.
- 13.8. Without limitation, neither we nor any of our Associates shall be liable for any loss arising from any act or omission of any Agent, Broker, Authorized Person or other third party who performs services for you.
14.0. REPRESENTATION WARRANTIES
- 14.1. You represent and warrant to us, and agree that each such representation and warranty is deemed repeated each time you open or close a Transaction by reference to the circumstances prevailing at such time, that:
- 14.1.1. the information provided to us in your application form and at any time thereafter is true and accurate in all respects;
- 14.1.2. you are duly authorised to execute these Terms, to open each Transaction and to perform your obligations hereunder and thereunder and have taken all necessary action to authorise such execution, delivery and performance;
- 14.1.3. you will enter into this Terms and open each Transaction as principal;
- 14.1.4. any person representing you in opening or closing a Transaction will have been, and (if you are a legal entity) the person entering into this Terms on your behalf is, duly authorised to do so on your behalf;
- 14.1.5. where applicable, you have obtained all governmental or other authorisations and consents required by you in connection with this Terms and in connection with opening or closing Transactions and such authorisations and consents are in full force and effect and all of their conditions have been and will be complied with;
- 14.1.6. execution, delivery and performance of these Terms and each Transaction will not violate any law, ordinance, charter, by-law or rule applicable to you, the jurisdiction in which you are resident, or any agreement by which you are bound or by which any of your assets are affected;
- 14.1.7. if you are an employee or contractor of a financial services firm or any other firm that has control over the financial transactions in which its employees and contractors deal, you will give us proper notice of this and of any restrictions that apply to your dealing;
- 14.1.8. you will use the services offered by us pursuant to these Terms in good faith and, to this end, you will not use any electronic device, software, algorithm, or any trading strategy (‘Device’) that aims to manipulate or take unfair advantage of the way in which we construct, provide or convey our prices.
- 14.1.9. You agree that using a Device whereby in your dealings with us you are not subject to any downside market risk will be evidence that you are taking unfair advantage of us;
- 14.1.10. you have considered your own financial circumstances, needs and objectives and concluded that dealing in transaction activities is appropriate for you.
- 14.1.11. You warrant that you understand the risks, terms and conditions of Transactions entered into by transacting on the Platform, (regardless of information supplied by Skye Wallet) and are willing to take on those risks;
- 188.8.131.52. Skye Wallet does not, nor do any of its directors, officers, agents or employees, guarantee repayment of capital or payment of Income in relation to any funds deposited or any Transactions undertaken;
- 184.108.40.206. no part of any funds remitted by you have been the proceeds of any illegal activity or used for any terrorist financing or money laundering activities.
- 14.1.12. You agree to provide such information related to your business and financial affairs as may be reasonably requested by Skye Wallet in order to comply with the Anti-Money Laundering Act or other legislative requirements.
14.2. Personal Data And Privacy
- 14.2.1. You acknowledge that by opening an account with us and opening or closing Transactions, you will be providing us with personal information within the meaning of the extant Data Protection Act.
- 14.2.2. You consent to us processing all such information for the purposes of performing the contract and administering the relationship between you and us.
- 14.2.3. You consent to our disclosing such information:
- 220.127.116.11. where we are required to by law;
- 18.104.22.168.1. to Associated Companies;
- 22.214.171.124.2. to service providers and business partners with whom we have a mutual relationship;
- 126.96.36.199.3. to such third parties as we deem reasonable;
- 188.8.131.52.4. where it is necessary in order to prevent crime; and
- ss184.108.40.206.5. to such third parties as we see fit to assist us in enforcing our legal or contractual rights against you including but not limited to debt collection agencies and legal advisors.
- 14.2.4. You authorise us, or our agents acting on our behalf, to carry out such credit and identity checks as we may deem necessary or desirable, including requesting a reference from your bank from time to time and you agree to assist us, where necessary, in obtaining such a reference.
- 14.2.5. You authorise us or our Associated Companies to telephone or otherwise contact you at any reasonable time in order to discuss any aspect of our business or of our Associated Companies’ business or of our Partner’s business.
- 14.2.6. If you do not wish us or our Associated Companies or our Trading Partners to so contact you for any direct marketing activities, you must inform us in writing.
15.0. RESTRICTION, SUSPENSION AND TERMINATION
- 15.1. Skye Wallet reserves the right to restrict, suspend or terminate your Skye Wallet Account where:
- 15.1.1. we reasonably suspect your Skye Wallet Account to be the subject of an operational or other error, in which case we may be required to suspend access to your account until such time as the error is rectified;
- 15.1.2. we reasonably suspect your Skye Wallet Account has been or is being used in relation to any unlawful, fraudulent or Prohibited Activity, or in breach of these Terms;
- 15.1.3. we reasonably suspect you or your Skye Wallet Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;
- 15.1.4. we reasonably suspect you of taking any action that Skye Wallet considers to be a circumvention of Skye Wallet’s controls, including but not limited to opening multiple Skye Wallet Accounts;
- 15.1.5. we reasonably suspect your involvement in any attempt to gain unauthorised access to any Skye Wallet Account;
- 15.1.6. your Skye Wallet Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance associated with your Skye Wallet Account;
- 15.1.7. we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; or
- 15.1.8. your name appears on a government or international body sanctions list.
- 15.2. Skye Wallet will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Skye Wallet Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise Skye Wallet’s security and/or risk management procedures.
- 15.3. You accept and agree that Skye Wallet is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Skye Wallet Account, and shall have no liability to you in connection with the restriction, suspension or termination of your Skye Wallet Account.
16.0. FINANCIAL ADVICE
- 16.1. Under no circumstances does any information contained on the Platform, or provided to you through your Skye Wallet Account or by any employee, agent or affiliate of Skye Wallet, constitute financial, investment or other professional advice.
- 16.2. You are solely responsible for any decision to store, buy or sell digital currency, and such decision should take into account your risk tolerance and financial circumstances.
- 16.3. For more information on the risks involved, you should consult your legal or tax professional in relation to your specific situation.
17.0. NEXT OF KIN
- 17.1. Next of Kin, for the purpose of this Clause, means a close living relative of the User that has the capability of making decisions on behalf of a Deceased User in line with the instruction of the Deceased User during his/her lifetime or in accordance with his written Will, if any, or in line with the usual conduct of the Deceased User during his lifetime or in any other manner that may be determined by the Deceased User’s estate personal representative.
- 17.2. The User may nominate a Next of Kin in a manner prescribed by Skye Wallet and the User shall:
- 17.2.1. comply with the guideline stipulated by Skye Wallet in nominating a Next of Kin; and
- 17.2.2. provide accurate information in respect of the Next of Kin being nominated and update such information provided from time to time. Provided that the updated information of a nominated Next of Kin is submitted to Skye Wallet, Skye Wallet reserves the right to disregard anyone claiming to be a Deceased User’s Next of Kin and demand from such person the submission of a duly processed letters of administration or probate or any other relevant official document.
- 17.3. Parties agree to hold Skye Wallet free from any liability in the defect, apparent or otherwise, from the documents produced by a Next of Kin or any person attempting to become the Next of Kin
- 17.4. These Terms are binding on the User, his/her Next of Kin or beneficiary or representative of the estate of the User (including Administrator or Executor)
- 17.5. Upon the demise or death of the User (Deceased User), a Next of Kin or beneficiary or representative of the estate of the User (including Administrator or Executor), may apply to take control of the account of the Deceased User upon fulfilling the conditions or requirements provided.
- 17.6. The User agrees that any amount not claimed within Seven (7) years or any User account which remains dormant for Seven (7) years may be forfeited to Skye Wallet. It shall be sufficient for the User to send communications to Skye Wallet with his/her phone number or email registered with Skye Wallet within the said Seven (7) years in order to make the User account active.
- 18.1. You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you carry out through your Skye Wallet Account, and for withholding, collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities.
19.0. PROHIBITED ACTIVITIES
- 19.1. You must not use your Skye Wallet Account to undertake any of the activities or categories of activity set out in this section (each a “Prohibited Activity”):
- 19.1.1. violation of any laws, statutes, ordinance or regulations;
- 19.1.2. undertaking, facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking;
- 19.1.3. abusive activity, including but not limited to:
- 220.127.116.11. imposing an unreasonable or disproportionately large load on Skye Wallet’s infrastructure, or otherwise taking any action that may negatively affect the performance of the Platform or Skye Wallet’s reputation;
- 18.104.22.168. attempting to gain unauthorised access to the Platform or any Skye Wallet Account;
- 22.214.171.124.transmitting or uploading any material to the Platform that contains viruses, Trojan horses, worms, or any other harmful programmes; or
- 126.96.36.199.transferring your Skye Wallet Account access or rights to your Skye Wallet Account to a third party, unless as required by law or with Skye Wallet’s prior consent.
- 19.1.4. paying in to or otherwise supporting pyramid schemes, Ponzi schemes, matrix programmes, “get rich quick” schemes, multi-level marketing programmes or high-yield investment programmes;
- 19.1.5. fraudulent activity, including but not limited to taking any actions that defraud Skye Wallet or a Skye Wallet customer, or the provision of any false, inaccurate, or misleading information to Skye Wallet;
- 19.1.6. transactions involving items that may help facilitate or enable illegal activity; promote or facilitate hate, violence or racial intolerance; are considered obscene; or may be stolen goods or the proceeds of crime;
- 19.1.7. transactions involving TOR markets, online gambling sites or mixers; · sale or purchase of narcotics or controlled substances; and
- 19.1.8. intellectual property infringement.
- 19.2. By opening a Skye Wallet Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity
- 19.3. Activities subject to the prior written approval of Skye Wallet
- 19.3.1. Unless you have obtained the prior written approval of Skye Wallet, you accept and agree that you will not use your Skye Wallet Account to conduct or operate any of the following business activities or categories of activity:
- 188.8.131.52. money services, including but not limited to money or digital currency transmission, currency or digital currency exchange or dealing, 17 payment service providers, e-money or any other financial services business;
- 184.108.40.206. gambling or gaming services;
- 220.127.116.11. charitable or religious / spiritual organisations;
- 18.104.22.168. consumer lending services, including but not limited to secured and unsecured loans, cash advances, payday lending;
- 22.214.171.124. investment funds, asset management, or brokerage services.
- 19.3.2. We reserve the right to restrict, suspend or terminate your Skye Wallet Account if we suspect, in our sole discretion, that you are using, or have used, your Skye Wallet Account in association with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of Skye Wallet.
- 19.4. Disclaimer Of Warranties
- 19.4.1. The Platform, your Skye Wallet Account and any related products or services are offered on a strictly “as-is” and “where-available” basis and Skye Wallet expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the Platform, your Skye Wallet Account, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.
- 19.5. Limitation Of Liability
- 19.5.1. In no event shall Skye Wallet, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of the Platform and/ or your Skye Wallet Account, including without limitation any damages caused by or resulting from any reliance upon any information received from Skye Wallet, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to Skye Wallet’s records, programmes or services.
- 19.5.2. In no event will any liability of Skye Wallet, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the Platform or your Skye Wallet Account, exceed (in aggregate) the fees earned by Skye Wallet in connection with your use of your Skye Wallet Account in the six month period immediately preceding the event giving rise to the claim for liability.
- 19.5.3. The above limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- 19.5.4. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the limitations in this section may not apply to you.
20.0. FORCE MAJEURE
20.1. Skye Wallet will not be liable for any loss resulting from your use of the Platform, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, the malfunction of electronic or mechanical equipment, personal computer and any lines thereto, theft, operator errors, or due to any "force majeure" (e.g. regulation or policy of Government authority, severe weather, earthquake, flood, fire or other acts of God), and strikes or other labour problems, or any other cause beyond the reasonable control of Skye Wallet.
21.0. CLOSURE OF YOUR ACCOUNT
21.1. You may close your Skye Wallet Account by submitting a closure request via the Support Centre.
21.2. Skye Wallet will action such requests once
- 21.2.1. all sums in your Skye Wallet Account is below the Minimum Closure Amount; and
- 21.2.2. no transactions have taken place in your Skye Wallet Account for a period of at least 30 days.
21.3. Such requirements are designed to protect you from loss and Skye Wallet will not action a closure request until they are satisfied.
21.4. You accept and acknowledge that, once your Skye Wallet Account is closed:
- 21.4.1. you will have no further access to it;
- 21.4.2. Skye Wallet will be under no obligation to notify you of, or provide to you, any digital currency sent to any receive address associated with your Skye Wallet Account; and
- 21.4.3. Skye Wallet reserves the right (but has no obligation) to delete all of your information and account data stored on our servers, and also reserves the right to retain any information that is required for legal or operational reasons.
21.5. If at the date of closure of your Skye Wallet Account any fund remains in your Skye Wallet Account (i.e. funds amounting to less than the Minimum Closure Amount), you accept and agree that Skye Wallet shall retain such funds and that you shall have no further claim to them.
21.6. The Minimum Closure Amount shall be USD5.00 or the equivalent in your Local Currency. You accept and agree that Skye Wallet shall not be liable to you or any third party in relation to the closure of your Skye Wallet Account, the termination of access to your Skye Wallet Account, or for the deletion of your information or Skye Wallet Account data.
22.1. You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your Account in any way (by operation of law or otherwise) without our prior written consent.
22.2. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
23.0. THIRD-PARTY BENEFICIARY
23.1. You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.
24.1. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for ourselves.
24.2. The failure of either you or us to exercise, in any way, any right herein will not be deemed a waiver of any further rights hereunder.
25.1. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms will otherwise remain in full force and effect and enforceable.
25.3. If any provision of these Terms and Conditions is held invalid, the remainder of these Terms and Conditions shall continue in full force and effect.
25.4. If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed separable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
26.0. NO AGENCY/PARTNERSHIP RELATIONSHIP
26.1. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Skye Wallet, and you do not have any authority of any kind to bind Skye Wallet in any respect whatsoever.
26.2. The failure of Skye Wallet to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
27.0. GOVERNING LAW AND DISPUTE RESOLUTION
27.1. These Terms are made under and will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without giving effect to any principles that provide for the application of the law of another jurisdiction.
27.2. You agree that where a material dispute arises between you and Skye Wallet arising from the use of the Portal/Platform, you shall first attempt to resolve the dispute amicably by preparing and serving Skye Wallet or its legal representatives, a memorandum or statement setting out your position on the issue concerning which there is a grievance and your reason for such grievance.
27.3. Such issue shall first be attempted to be resolved by negotiation. However, where that fails, the legal representatives shall take such issues to mediation for resolution.
27.4. Where the issue remains unresolved for ninety (90) days after notice of dispute has been served from one party to the other, the dispute shall be referred to Arbitration in accordance with the Arbitration and Conciliation Act of Nigeria.
27.5. Whenever a dispute arises between you and Skye Wallet requiring arbitration, you shall jointly appoint an Arbitrator to preside over the dispute. Such appointment is proposed to 20 be unanimous, but, where unanimity cannot be achieved within seven (7) days after the arbitration has been demanded, an independent Arbitrator shall be appointed by a Judge of the High Court of Lagos State, Nigeria at the request of the parties.
27.6. The venue for the arbitration shall be Nigeria and the award of the Arbitrator (including the decisions regarding payment of the Arbitrator’s fee and other expenses) shall be final and binding on the parties, subject to available rights of appeal preserved under the Arbitration and Conciliation Act of Nigeria.
28.1. The Platform and the Service may be temporarily unavailable from time to time for maintenance or other reasons.
28.2. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
28.3. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Platform or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service rendered on the Platform.
28.4. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Platform or the Service, any User Content or third-party content posted on or through the Platform or the Service or transmitted to Users, or any interactions between Users of the Platform, whether online or offline.
29.0. QUERIES COMPLAINTS AND DISPUTES
29.1. All queries and complaints should be raised with our customer support department through the support page on the platform.
29.2. Without prejudice to any of our other rights to close a Transaction under this Terms, in any case where we are in dispute with you in respect of a Transaction or alleged Transaction or any communication relating to a Transaction, we may, at our absolute discretion and without notice, close any such Transaction or alleged Transaction, where we reasonably believe such action to be desirable for the purpose of limiting the maximum amount involved in the dispute, and we will not be under any obligation to you in connection with any subsequent movement in the level of the Transaction concerned.
29.3. These Terms and each Transaction entered into with you is in all respects governed by Nigerian Law and the courts of Nigeria will have non-exclusive jurisdiction to settle any disputes that may arise in relation thereto. ---