Terms and
CONDITIONS
TERMS AND CONDITIONS
EtradeDirect
GENERAL TERMS AND CONDITIONS OF THE SERVICES
VERSION: JULY 16, 2021
GRUPO ACTIUS CORPORATE (hereinafter EtradeDirect), with commercial address at Av. De las Americas, 300 in Guadalajara, Jalisco. Mexico and with RFC: VIM190905224, is the owner of the website: https://etradedirect.com through which the EtradeDirect Platform is accessed.
1. GENERAL DESCRIPTION.
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These GENERAL CONDITIONS, the legal notice, the Privacy Policy, the Cookies Policy and any other specific conditions published on this website for the provision of services by EtradeDirect, are applicable to any person with legal capacity who contracts the services of EtradeDirect Through the web, the App (iOS / Android) or its electronic wallet Platform (hereinafter, the Platform).
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Grupo Actius Corporate is the Company responsible for the website https://etradedirect.com and the Platform located in said domain, as well as its content, its main activity being to provide different Trading, educational, informative services through the Platform and the purchase and sale of cryptocurrencies or crypto-assets (hereinafter cryptocurrencies), through the electronic wallet service (hereinafter Wallet) that allows the user to deposit and withdraw virtual currency, the conversion and transfer between the different types of supported cryptocurrencies, the purchase and sale of cryptocurrencies, and the centralized services of the Trading Platform, as well as other additional services to help and support the exchange of cryptocurrencies.
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These GENERAL CONDITIONS must be accepted by the user in order to use the services of the EtradeDirect Platform that require their prior acceptance through the web https://etradedirect.com or through the Metatrader5 Application for Android and iOS Smartphone and Tablets located in Google Play, App Store (hereinafter, Application).
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If you do not accept these GENERAL CONDITIONS in the registration processes for contracting EtradeDirect services, it will make it impossible to use the services of the EtradeDirect Platform.
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With the express acceptance of these GENERAL CONDITIONS, it is understood that the user has fully accepted them and that, therefore, he has previously read and understood each and every one of the terms, committing himself to comply with all the specifications established therein.
2. REQUIREMENTS FOR ACQUISITION OF USER CONDITION
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Users of legal age and with full capacity to contract who subscribe to these GENERAL CONDITIONS (hereinafter "the user") may acquire the condition of User.
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In the cases in which the user accesses the platform on behalf of and on behalf of a legal entity, the user accepts and declares that they have sufficient powers of representation to bind the legal entity or company they represent in the contracting of services. In such cases, access to the EtradeDirect Platform or registration as a Legal Person, Company or Professional, any request for services made by the user will be attributable to the Legal Person, and EtradeDirect will presume that they have been made by the latter.
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The acquisition of the condition of User implies the reading and express acceptance and without any reservation of the integral terms of these GENERAL CONDITIONS and of the Legal Notice and the Privacy Policy of the EtradeDirect Platform, which states having previously known of its acceptance, being able to be stored and reproduced by it. Registering as a user of the EtradeDirect Platform is an essential requirement for contracting the services of the Etradedirect Platform.
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The user may access the services of the EtradeDirect Platform using the username and password that will be generated during the registration process at the time they subscribe to these GENERAL CONDITIONS.
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The username and password generated that will allow the user to identify and use the services of the EtradeDirect Platform, are strictly personal and confidential. The user will be responsible for maintaining their confidentiality. Consequently, the user expressly accepts that EtradeDirect presumes that the uses of the service made using their identification codes are made by the registered user, unless the registered user has previously communicated their loss or theft, in which case they must immediately proceed to their change. The password may be freely modified by the user, through the procedures that EtradeDirect has established for this purpose. The replaced password will be canceled as a means of identification, at the same time the new one is generated.
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EtradeDirect may block access to and use of the services of the EtradeDirect Platform when it deems it necessary for security reasons.
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EtradeDirect will adopt organizational and technical measures in its computer equipment aimed at achieving an adequate use of the Service by Users and preventing unauthorized access whose purpose is to make unauthorized disclosures of the content of the User's financial information accessible through the Service.
3. SERVICES PROVIDED BY EtradeDirect.
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EtradeDirect provides the user through its Platform a simple and simple way of mediation for their participation in investment funds of the financial markets, as well as the exchange of cryptocurrencies or other types of cryptocurrencies. Therefore, the purpose of these GENERAL CONDITIONS is the provision of a Wallet service, which enables the user to carry out deposit and withdrawal operations of cryptocurrencies, conversion and transfer between the different types of supported cryptocurrencies, the purchase and sale of cryptocurrencies, and the centralized services of the Trading Platform (hereinafter trading services), as well as other additional services to help and support the exchange of cryptocurrencies through the EtradeDirect Platform.
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EtradeDirect will be responsible for the correct provision of services through the Platform. The user agrees to use the Platform responsibly, exonerating EtradeDirect from any liability derived from an inappropriate, erroneous or illegal use of the Platform or with the aim of committing illegal actions.
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4. ENTRY INTO FORCE OF THE GENERAL CONDITIONS.
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The GENERAL CONDITIONS will come into force and, therefore, will be applicable to EtradeDirect and the user, from the moment the following conditions are met: The user must have agreed to them by clicking the button "I have read and accept the CONDITIONS GENERAL "enabled on the Platform or in the Application.
However, and in compliance with the provisions of article 28 of Law 34/2002 of July 11, Services of the information society and electronic commerce (LSSI), within a maximum period of twenty-four hours from the entry into force of the GENERAL CONDITIONS, EtradeDirect will confirm the acceptance of these GENERAL CONDITIONS confirming the entry into force of the contract.
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5. PRIVACY POLICY.
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The Privacy Policy of the EtradeDirect website must be accepted together with these GENERAL CONDITIONS. The information that you provide to EtradeDirect is absolutely necessary and its purpose is to be able to provide the necessary services so that you, through the Platform, can make the deposit, withdrawal and conversion of cryptocurrencies and fiat currency of legal tender (FIAT) with total security, as well as other services. The required data will be treated in accordance with the applicable legislation on Data Protection. The Privacy Policy is accessible at the following link https://etradedirect.com/legal/privacy
6. MODIFICATION OF THE GENERAL CONDITIONS.
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EtradeDirect reserves the right to modify these GENERAL CONDITIONS without prior notice. The changes and modifications that are made will be notified to the users, remaining under the responsibility of the user to review these GENERAL CONDITIONS accessible at https://etradedirect.com
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For these purposes, it will be considered that the user fully accepts the new GENERAL CONDITIONS if, after a period of one month from when the modification of the GENERAL CONDITIONS is made available to all users, the user has not requested to cancel or cancel the service. . The user may state during the aforementioned period that they do not agree with the changes made to the GENERAL CONDITIONS, and must request the cancellation or cancellation of the EtradeDirect service.
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7. LINKS TO EXTERNAL PAGES.
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Links to third-party websites will be found on the Platform, which are governed by their own conditions, with EtradeDirect not being responsible for the operations that the user may carry out through these entities outside of EtradeDirect. Likewise, the Privacy Policy or General Conditions of these entities is alien to EtradeDirect, so the user must take this into account to know that both the General Conditions and the Privacy Policy of these third parties are the sole responsibility of them and not from EtradeDirect.
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8. MINORS
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Minors cannot use the services that EtradeDirect provides through the website or App, so any application for membership in EtradeDirect by a person under eighteen (18) will be denied.
9. INFORMATION ABOUT CRYPTOCURRENCIES.
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Transactions in cryptocurrencies or crypto-assets are carried out directly, without the need for an intermediary. Unlike most currencies, cryptocurrencies are not backed by any government or depend on trust in any central issuer, but uses other systems to prevent double spending and reach consensus among all nodes that make up the network.
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Each transaction that is carried out between the users of your network is registered and a digital signature is created to avoid fraud and falsifications, being stored in the network permanently.
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The transactions carried out with cryptocurrencies that can be verified through some internet addresses such as https://blockchain.com, in principle, do not allow to identify the EtradeDirect user involved in a transaction but the user has to know that the system does not can guarantee complete anonymity.
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Due to complex encryption and security procedures, counterfeiting or theft of cryptocurrencies is highly unlikely, but there is a risk that the procedures or software will fail. The payments made by the user in cryptocurrencies are irreversible, and computer errors in legitimate payments with cryptocurrencies are very low since the system performs checks to try to avoid it. Most errors in payments are caused by human error when entering erroneous data, so EtradeDirect is not responsible for transfers made by users.
10. INFORMATION AND DOCUMENTATION REQUIREMENTS.
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Certain services of the Platform do not require the express acceptance of these GENERAL CONDITIONS as they are services or functions of free access regulated in the Legal Notice of the EtradeDirect website. Users of the Platform may make use of the free access services that are made available to them from the EtradeDirect website as well as all those natural or legal persons who access the website.
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The acquisition of the status of User for the provision of Wallet services, purchase and sale of cryptocurrencies and trading services is necessary for users to register on the Platform and contribute in accordance with Law 10/2010, of April 28 , prevention of money laundering and terrorist financing (hereinafter LPBC) certain information necessary to comply with the formal identification obligations of the client.
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Depending on the service and the economic thresholds of the operations to be carried out by the user, different levels of information will be requested, in order to allow services with more functionalities and higher economic thresholds in the operations that the end user wants to carry out.
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The information requested may consist, among others, of the mobile phone number and amount of the operation, the name and surname, the username and password, the email address, the security code sent to the email or the password. security required for double authentication, profession and date of birth, as well as other possible data or information necessary according to the type of transaction selected by the user.
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The type of user will also determine the information to request depending on whether it is a natural or legal person, requiring information such as National Identity Document, residence card, foreign identity card or passport, invoices, videoconference, deeds, shareholder structure, accreditation of business activity, etc., in application of the provisions of Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism and other applicable legislation if deemed appropriate.
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EtradeDirect may at any time request more additional information in order to learn more about the purpose and nature of the user's business relationship, and may even do so through a third party. The lack of information or the existence of indications of Money Laundering in the data provided will allow Etradedirect the immediate unilateral cancellation of the contract for the provision of services that binds them.
The user must first sign the authorization called LPOA (power of attorney for capital management) in compliance with the relevant financial regulations.
All related communication between the user and EtradeDirect will be carried out through the channels provided by Etradedirect, via email, telephone.
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11. PARTICIPATIONS:
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EtradeDirect has two participation proposals, depending on the amount that the user decides to participate, considering that the minimum established in US dollars is 2,500 US dollars, expressed in US dollars. Managed in Bitcoin as an entry and exit currency, Crypto-Friendly volatility prevention system.
PLAN ETD:
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Starting from 2,500 usd
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Participation plan for initial users without the need for prior knowledge.
EtradeDirect operates and manages the funds through a “Pool” profile where it accumulates the profits and disperses them to each end of the current month in an equitable manner.
Without conditions of permanence and the user can request the withdrawal of their capital at any time, receiving it in a maximum of 48/72 hours.
Possibility of practicing compound interest with returns.
Personalized support and administration attention.
Access to diversification of returns in new opportunities and promotions of the Actius Group.
Free tax advice and training.
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INSTITUTIONAL PLAN:
Starting from 250,000 usd
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Participation plan for institutional companies and very experienced users, with high knowledge of the financial markets, who will have their own backoffice and MT5 Mobile App (Metatrader5) to follow in Real time the accounts and operations of our Traders team.
Full control of funds.
Multiple entries and exits at all times and decisions.
Downloadable history of transactions, deposits and withdrawals in PDF format.
Possibility of practicing compound interest with returns.
Personalized support and administration attention.
Estimated profits and administrative costs subject to personalized agreements with EtradeDirect.
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12. COMMISSIONS AND CHARGES FOR FUNDS MANAGEMENT:
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There is a commission applied to any initial or recurring contribution of 2% based on administration expenses per payment platform, and in the same way, a commission applied to any withdrawal of contributions that the user requests of 1% based on administration expenses by payment platform.
The participants of the ETD group will receive their financial statements promptly at each end of the month with detailed information on their participation and returns, while the users of the INSTITUTIONAL group will be able to monitor their activities directly from the EtradeDirect platform.
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The cost of the deposit and withdrawal services at EtradeDirect is determined by your relationships with third parties. In the event of a change in the conditions of use of the same, EtradeDirect reserves the right to modify the GENERAL CONDITIONS, being able to affect the changes in said GENERAL CONDITIONS on its users.
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The user knows and accepts that the EtradeDirect commissions may vary from time to time between the different Order Portfolios and therefore be updated. These updated fees will apply to any orders or other transactions that take place after the effective date of such updated fees. Likewise, the user knows and accepts that the commissions will be deducted from their respective EtradeDirect Wallet.
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The remuneration that EtradeDirect receives for the provision of any service included in these GENERAL CONDITIONS on behalf of the user, will be increased by the amount corresponding to how many taxes, fees and duties are applicable according to current legislation. It is the sole responsibility of the user to determine if, and to what extent, taxes are applied to any transaction carried out through EtradeDirect, and to report or enter the correct amount of taxes to the corresponding tax authorities.
13. DURATION OF THE CONTRACT.
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This contract has a duration of one year from its acceptance and signature, being AUTOMATICALLY extendable for periods of the same duration, indefinitely, unless either party informs the other of its intention not to extend. However, the user may at any time request the termination of the contract. In any case, the user will not be able to terminate the contract until they have fulfilled all their payment obligations to EtradeDirect.
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14.SERVICES OF ETRADEDIRECT.
14.1 GENERAL OBLIGATIONS
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14.1.1 Conditions and Restrictions.
EtradeDirect may at any time and in its sole discretion, reject any transaction submitted through the Services, impose limits on the amounts of transactions allowed through the Services or impose any other condition or restriction on the use of the Services without prior notice. . In this sense, it could, for example, limit the number of orders on the Platform or restrict transactions from certain locations.
14.1.2 Accuracy of information.
The user must provide any information required when creating their account on the Platform or when requested by any screen displayed within the Services. The user declares and guarantees that any information provided through the Services is accurate and complete.
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14.1.3 Cancellations.
The user can only cancel an initiated order or service request if said cancellation occurs before EtradeDirect executes the transaction. Once your order or request has been executed, you cannot change, withdraw or cancel your authorization for EtradeDirect to carry out such transaction or provide such service. If an order or service request has been partially completed, you can cancel the remainder without completion unless the order is related to a market transaction. We reserve the right to reject any cancellation request associated with a market order once such order has been submitted. Unlike exchange orders, all trades are irreversible once initiated. While we may, in our sole discretion, reverse a transaction under certain extraordinary conditions, a client is not entitled to a reversal of a transaction.
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14.1.4 Insufficient Funds.
If you have an insufficient amount of funds in your EtradeDirect Account to complete an order or service request, we may cancel the entire order or we may complete a partial order using the amount of funds currently available in your EtradeDirect Account, less fees owed to EtradeDirect in connection with the transaction.
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14.1.5 Taxes.
The user is responsible for determining what taxes, if any, apply to the operations carried out through the Services, and it is their responsibility to report and remit the correct tax to the corresponding tax authority. The user accepts that EtradeDirect is not responsible for determining whether taxes apply to its operations or for collecting, reporting, withholding or remitting the taxes derived from any operation.
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14.2 Electronic Purse or Wallet.
In order to operate on the Platform, EtradeDirect will provide the user with purses or Wallets from which they can buy cryptocurrencies, make changes between the different types of supported cryptocurrencies, and later exchange them for current or fiduciary currency of legal course (FIAT) through links from other websites that provide these services under their specific terms and conditions.
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You must also accept in all their terms these GENERAL CONDITIONS and Privacy Policy by clicking on the button "I have read and accept the GENERAL CONDITIONS" after consulting them through the hyperlinks established for that purpose or requesting that they be sent Through the email etradedirect@actius.mx.
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EtradeDirect in accordance with the provisions of article 27.1 of Law 34/2002, of July 11, on services of the information society and electronic commerce (LSSI), expressly states that it will archive the electronic document in which it is register the hiring of the Service.
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If it deems it appropriate, EtradeDirect may require the user to deliver the data it deems relevant in order to comply with Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing; In the event that the user refuses to grant this data, EtradeDirect may unilaterally carry out the termination of the service.
Likewise, EtradeDirect reserves the right to provisionally suspend the user's operations, until it has been able to confirm and verify the legality and legitimacy of the operations.
14.3 Supported currencies.
The Platform or Application supports the main cryptocurrencies on the market, in addition to some of the main current or fiduciary currencies of legal tender (FIAT), the cryptocurrency Bitcoin being the one selected for the inflows and outflows of funds.
14.4 Wallet limitations.
Due to technical limitations, some EtradeDirect cryptocurrency wallets may not have the ability to make deposits, withdrawals, or other functionality and that is why the platform will keep notices regarding which ones are applicable at all times.
EtradeDirect actively works to support more and more cryptocurrencies and that the supported cryptocurrencies have all the functionalities.
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14.5 Deposit Services.
Deposit of funds in the Wallet.
One of the ways to be able to operate on the EtradeDirect Platform is through the deposit of funds in your Wallet. You may be asked to verify that you control the external account that you use to fund your Wallet. EtradeDirect is not responsible for any external account fees or commissions or for the administration and security of any external accounts. You are solely responsible for the use of any external account, and you agree to comply with all terms and conditions applicable to any external account. The time associated with an upload transaction will depend in part on the performance of third parties responsible for maintaining the applicable external account, and EtradeDirect does not guarantee how long it may take for funds to be deposited into your Wallet.
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Declined transactions
In some cases, the external account may reject your funds or it may not be available. You agree that you will not hold EtradeDirect liable for damages resulting from such declined transactions.
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14.5.1. Cryptocurrency deposits.
The user will be able to deposit funds in his EtradeDirect account through the cryptocurrencies supported by EtradeDirect. It can only be done in those cryptocurrencies that support the deposit functionality.
For this, the user must send the desired funds to the address provided by EtradeDirect. The user must only send cryptocurrencies of the type that EtradeDirect indicates for the address used.
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EtradeDirect is not responsible if the user does not send the correct cryptocurrency to the EtradeDirect deposit addresses.
All cryptocurrency deposits from the EtradeDirect Platform can be checked in a compatible blockchain explorer, for example: for Bitcoin you can use https://explorer.blockchain.com
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EtradeDirect securely stores the private keys of digital currencies, which are the means by which cryptocurrency transactions are carried out. As a result of the Platform's security protocols, it may be necessary to retrieve private keys or related information from cryptocurrency storage to facilitate or carry out a transaction.
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14.6 Retirement Services.
Withdrawal of funds to an external wallet. As long as the balance of funds in the user's Wallet is greater than any minimum balance requirement necessary to satisfy any of their open positions, they can withdraw any amount of funds from their Wallet to an external account, up to the total amount of funds in your Wallet that exceeds said minimum, minus the fees charged by EtradeDirect for this type of transaction (as described in clause 12. FEES AND CHARGES FOR FUNDS MANAGEMENT :).
14.7. Withdrawal with cryptocurrencies.
The user will be able to withdraw funds from his EtradeDirect account through the cryptocurrencies supported in EtradeDirect. It can only be done in those cryptocurrencies that support the withdrawal functionality.
To do this, the user must withdraw by entering the destination address of the desired cryptocurrency. The user must only send cryptocurrencies of the type that the destination address can receive.
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The user accepts that EtradeDirect may charge certain costs for said withdrawals based on what is strictly necessary, for example, cost of miners, exchanges, etc.
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EtradeDirect is not responsible if the destination address indicated by the user in the withdrawal form is incorrect or if it cannot manage its private key that authorizes it to operate with the received cryptocurrencies.
Withdrawals of cryptocurrencies from the EtradeDirect Platform can be checked in a compatible blockchain explorer, for example: for Bitcoin you can use https://explorer.blockchain.com
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For security reasons, withdrawals with cryptocurrencies can be manually reviewed by the EtradeDirect team, the shipment being processed to the blockchain network after the review. This process will take the minimum time that is strictly necessary, establishing a security period between 48/72 hours.
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14.8 Additional information.
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In order to facilitate the understanding of the use of the services provided, EtradeDirect makes available to the user through its website https://etradedirect.com/ a Knowledge Base that contains additional detailed information on the registration, purchase processes and sale, as well as other information related to use or the basic concepts about Cryptocurrencies and the Etradedirect Platform.
From the link indicated in the previous paragraph at any time the user may contact the EtradeDirect Support service to formulate the queries he deems appropriate by selecting the "NEW TICKET" option.
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15. OBLIGATIONS EtradeDirect undertakes to:
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to. Attend with the greatest possible diligence all the queries that the user may order derived from the use of the services included in the website.
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b) Provide the service to the user in accordance with the provisions of these GENERAL CONDITIONS.
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c. Keep the EtradeDirect Platform operational 24 hours a day, except for temporary interruptions due to web maintenance services, technical or computer problems such as internet crashes caused by any cause, computer attacks and similar situations that make the provision of the service temporarily impossible . This will be restored as soon as the incidents have been solved.
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d. Notify any movement that EtradeDirect may consider suspicious in order to compromise the security of the user's account, for subsequent analysis.
EtradeDirect is not obliged to:
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to. Perform transactions that are intended to pass on to users cryptocurrencies from free deliveries or AIRDROPS, or from forks in the blockchains or FORKS. EtradeDirect reserves the right to carry out this type of transaction as it deems appropriate and within the terms it deems appropriate.
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The user agrees to:
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1. Provide the information required in the forms in the cases indicated in the previous sections when making a cryptocurrency sale.
Confirm acceptance of these GENERAL CONDITIONS by clicking the button "I have read and accept the GENERAL CONDITIONS".
Communicate to EtradeDirect all the data necessary to access and use the services that require prior identification that must be truthful, current and adjusted to reality.
Adopt the necessary security measures, both personal and material, to maintain the confidentiality of relevant data provided by EtradeDirect or its partners, as well as immediately notify EtradeDirect of the loss, misplacement, theft, theft or illegitimate access on your behalf and / or your knowledge by third parties. The user expressly accepts that any use of the service made with his access credentials has been made by him.
Make proper use of the Services included in the EtradeDirect Platform, always in accordance with the legal system.
Not to carry out any activity that hinders or interferes with the operation of the Services, included in the EtradeDirect Platform.
To be responsible for all the operations that are made in your user account, exonerating EtradeDirect of any responsibility.
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16. LIABILITY
The user ensures that he understands and has the necessary knowledge to use blockchain systems and services, and that he is fully aware of the risks associated with the purchase and sale of cryptocurrencies and the use of the blockchain. EtradeDirect will not be responsible for any loss of cryptocurrencies or traditional currencies or situations that make it impossible to access them, which may result from any action or omission of the user.
The user accepts that the purchase / sale of cryptocurrencies may involve a high risk, due to price fluctuations that may lead to the increase or partial or total loss of the investment. The user recognizes the risk involved in the sale of cryptocurrencies, so EtradeDirect will not have any type of responsibility regarding the losses or gains that the user incurs when depositing their cryptocurrencies to EtradeDirect.
EtradeDirect does not provide any type of advice to the user in any area, be it tax, financial, economic, accounting, commercial or any other. Therefore, the decisions made by the user are made in a personal capacity.
Cryptocurrency transactions are irreversible, so the user must take the maximum precautions when making the payment or provide a correct public address of their wallet. The user will not claim from EtradeDirect any amount in virtual currency or traditional currencies that are sent from their user account.
EtradeDirect does not assume any type of responsibility for failures in the internet network, in the blockchains of cryptocurrencies, banks or for the attack on the software of any
hacker that results in the loss or disappearance of the cryptocurrencies owned by the user.
The user declares to be aware of all the risks involved in the possession of cryptocurrencies, therefore exonerating EtradeDirect from any responsibility for the loss of their cryptocurrencies.
Any incidence in the operations of the banking entities will be the sole responsibility of them.
Likewise, any incident derived from the use of legal tender payment and receipt methods will be the sole responsibility of the provider.
Notwithstanding the foregoing, in the cases in which an error may occur during the process of buying and selling cryptocurrencies, the user may contact the EtradeDirect support service at etradedirect@actius.mx
17. EXCLUSIONS OF LIABILITY
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The Services offered through the EtradeDirect Platform comply with the provisions of the Mexican legal system. EtradeDirect is not responsible for those services that do not comply with the provisions of the legal system of other countries to which the services offered through the EtradeDirect Platform may be provided.
EtradeDirect is released from any liability in the event of misuse or contrary to the legal system of the EtradeDirect Platform by the user.
EtradeDirect will not assume any responsibility for damages, losses that could be suffered as a result of events that could not have been foreseen, or that were foreseen were unavoidable, either due to unforeseeable circumstances or force majeure.
EtradeDirect is not responsible for any failure, technical error, accident, breakdown, manipulation, interruption in the Service or any other incident that may arise in equipment or technical services other than EtradeDirect whose use is necessary for the provision of the Service.
EtradeDirect will not be liable in the event of unavailability of the Service due to force majeure or temporary suspension of it for technical reasons.
EtradeDirect does not assume any type of responsibility for improper use of the user's access credentials, unless they had previously communicated their loss, theft or loss, in which case the user must immediately proceed to change them through the procedures that EtradeDirect has established at the effect. The replaced password will be canceled as a means of identification, at the same time that the new one is generated. The user expressly accepts that any use of the service made with his access credentials has been made by him.
EtradeDirect is not responsible for loss of funds due to user deception by third parties, for example, a scam asking to be paid in crypto for a service that never arrives.
EtradeDirect prohibits the purchase of cryptocurrency on EtradeDirect for the payment of a ransom typically required by ransomware (such as Cryptolocker). If the user is in this situation, our team invites all users to contact the police and never make the payment.
The user will be responsible for the damages that may have been caused to third parties, by the data provided, with an enumerative and non-limiting nature as a result of the following actions:
● Use of outdated, false or information that does not correspond to reality.
● Use by third parties of the user's personal passwords.
EtradeDirect does not recommend investing in cryptocurrencies to people who are not fully aware of the service they are hiring and correctly understand how it is being provided.
18. ASSIGNMENT AND SUBROGATION EtradeDirect
If EtradeDirect deems it necessary, it may assign or subcontract the contracts formalized with users to other entities to carry out the object of the contract as established in these GENERAL CONDITIONS.
19. MAINTENANCE AND TEMPORARY SUSPENSION OF SERVICE ON THE EtradeDirect PLATFORM
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EtradeDirect will do everything reasonably possible to guarantee that the user can access the services in accordance with these General Conditions. However, EtradeDirect may temporarily suspend services for maintenance or upgrades, and will do everything reasonably possible to inform you of such Scheduled Maintenance. The user acknowledges that this may not be possible in emergencies and accepts the risks associated with the fact that the user may not always be able to access or use or carry out transactions with the EtradeDirect Account.
The service, therefore, may be interrupted by EtradeDirect temporarily and without prior notice in those maintenance tasks that are necessary for the proper functioning of the EtradeDirect Platform.
Failure to comply with the obligations listed below, by the EtradeDirect user will lead to the temporary suspension of the service on the EtradeDirect Platform:
to. The detection by EtradeDirect of fraudulent operations.
b. Lack of additional information necessary for user identification.
c. Not accept possible updates to the GENERAL CONDITIONS or the Privacy Policy.
Suspension of the service produces the following consequences:
EtradeDirect will inform you of its decision to temporarily suspend your activity on the Platform, indicating the reason for the suspension, (except for a legal obligation not to do so), requiring the actions to be taken to regularize the situation.
The user will not have access to the Platform during this period and therefore will not be able to carry out any operation on it.
This temporary suspension becomes definitive thirty (30) days from the beginning of the temporary suspension, if your situation has not been regularized or updated with the information necessary to continue operating on the EtradeDirect Platform. After those THIRTY (30) days without regularizing the situation and, in the case of having a balance in any of the currencies of your Wallet, it will be blocked from being considered an "account with a balance and / or abandoned deposit" applying the EtradeDirect regulations current law or, where appropriate, will act in accordance with what is ordered by the competent authorities.
20. TERMINATION AND TERMINATION
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This contract will be terminated for the following reasons:
For non-acceptance of the modification of the Privacy Policy, the GENERAL CONDITIONS or the price of the service: The contract will be automatically terminated.
For breach by any of the parties of any essential obligation of the contract: The other party may unilaterally terminate this contract.
By express wish of the user: The user may decide at any time to terminate the validity of this contract for which he must communicate his decision to the following email address: etradedirect@actius.mx. When this contract is terminated for any reason, the user may not request EtradeDirect to undo the operation or operations carried out throughout the duration of the contractual relationship. Therefore, refunds of cryptocurrencies deposited to EtradeDirect or refund of any cash (legal tender) may not be requested.
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21. NULLITY OF ANY PROVISION
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If for any reason any provision of these GENERAL CONDITIONS is considered void, this will not affect the rest of the provisions of the contract that will remain valid for the established period.
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22. DATA PROTECTION
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The services provided by Grupo Actius Corporate require the processing of personal data.
Grupo Actius Corporate is committed to protecting privacy and providing a safe user experience. By contracting the services, the user explicitly accepts the processing of their data as described in the Privacy Policy established by EtradeDirect at https://etradedirect.com/es/legal/privacy
23. MONEY LAUNDERING PREVENTION
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The activity of EtradeDirect as a provider of services for promoters and investment funds is currently not subject to Law 10/2010 on the Prevention of Money Laundering and Terrorism Financing, and at the moment there are no operations or transactions with cryptocurrencies such as BITCOIN included within the typology of Obliged Subjects set out in article art. 2 of Law 10/2010 of PBC.
Notwithstanding the foregoing, EtradeDirect as a collaborating agent of the aforementioned entities for the provision of electronic money services and means of payment, necessary for the provision of the Platform services, EtradeDirect fully complies with current regulations on the prevention of money laundering. of capital and other complementary regulations on a voluntary basis. For this purpose, EtradeDirect informs you that said regulations require, among other obligations, to document its users, gather information on the nature of their professional or business activity and report, either at the request of the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offenses, either ex officio, of any fact or operation with respect to which there is an indication or certainty that it is related to money laundering.
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24. USER ATTENTION SERVICE
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The user has a User Support Service so that they can contact an agent directly at the following address: etradedirect@actius.mx
25. BILLING
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In relation to the services for participation in investment funds provided by EtradeDirect, and by virtue of the provisions of article 20, section one, ordinal 18, letter m) of Law 37/1992, such mediation services are exempt of the Value Added Tax and therefore:
There will be no obligation to issue an invoice, except in the cases contained in section 2 of article 2 of this Regulation, for the following operations: a) Operations exempt from Value Added Tax, by virtue of the provisions of article 20 of its regulatory law, with the exception of the operations referred to in section 2 below. However, the issuance of an invoice will be mandatory in operations exempt from this Tax in accordance with article 20.
However, the issuance of an invoice will be mandatory in operations exempt from this Tax in accordance with article 20.One, 2nd, 3rd, 4th, 5th, 15th, 20th, 22 .o, 24th, 25th and 28th of the Tax Law.
We only issue an invoice and a copy of it in any case in operations in which the recipient is a company or professional acting as such, regardless of the tax regime to which the businessman or professional who carries out the operation is covered.
For this, the client must request this invoice from EtradeDirect, and it will be delivered within a maximum of 60 working days.
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26. LICENSE OF OPERATIONS IN THE MARKETS.
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EtradeDirect relies on third party e-money licenses. EtradeDirect will offer, depending on the geography and the regulations that apply to the client, the banks available to operate with EtradeDirect.
By accepting these terms and conditions, the terms and conditions of the different electronic money entities that we use are also accepted.
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27. INTELLECTUAL AND INDUSTRIAL PROPERTY.
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The EtradeDirect Platform, its source code and the content it houses are protected by national and international intellectual and industrial property regulations. They may not be the object of exploitation, reproduction, distribution, modification, public communication, assignment or transformation, unless there is express authorization in writing from the holders of the rights.
The design, images, labels, distinctive signs, trade name, brands, logos, products and services that EtradeDirect contains are protected by Industrial Property Law.
Access to this EtradeDirect Platform does not grant users the right or any ownership over the intellectual or industrial property rights or the content it houses. Users who access this EtradeDirect Platform may not copy, modify, distribute, transmit, reproduce, publish, assign or sell the aforementioned elements or create new products or services derived from the information obtained without the express written authorization of EtradeDirect. .
The alteration of the content or structure of this EtradeDirect Platform by the user is strictly prohibited.
EtradeDirect reserves the right to exercise the corresponding legal actions against users who violate or infringe intellectual and industrial property rights.
28. APPLICABLE LAW AND COMPETENT JURISDICTION.
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This contract will be interpreted and governed in accordance with current Mexican legislation. Both parties, expressly waiving any jurisdiction that may correspond to them, submit any interpretation or controversy resulting from this contract to the Courts that, according to the legal legal system, are competent.
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© EtradeDirect 2021 - Mexico. All rights reserved.
