Terms Of Service.

These Terms of Service apply to your (collectively, “you” or “your”) access to and use of the Website (including https://www.pokket.com/ all web pages at such address) and the Pokket Services provided by Pokket Global Limited, a company incorporated in the Republic of Seychelles with company number 218837 and the Group (collectively, “Pokket”, “we”, “our” or “us”).

These Terms of Service apply to your (collectively, “you” or “your”) access to and use of the Website (including https://www.pokket.com/ all web pages at such address) and the Pokket Services provided by Pokket Global Limited, a company incorporated in the Republic of Seychelles with company number 218837 and the Group (collectively, “Pokket”, “we”, “our” or “us”).

By creating or funding a Derivative Account or accessing or using any of the Derivative Services, you acknowledge that you have read, understood and completely agree to these Derivative Terms Of Service (“Derivative Terms”), as updated and amended from time to time. If you do not agree to be bound by these Derivative Terms or with any subsequent amendments, changes or updates, you may not access or use any of the Derivative Services. If you do access or use any of the Derivative Services, you will be bound by these Derivative Terms, as updated and amended from time to time.

Only eligible Persons are permitted to access or use the Derivative Services. Any Person that is not eligible that utilizes the Derivative Services or that accesses the Website (as defined below) will be in breach of these Derivative Terms and may have any Digital Tokens, Derivative Products, funds, proceeds or other property confiscated.

These Derivative Terms, together with the incorporated materials, constitute the entire agreement and understanding with respect to the access or use of any or all of the Derivative Services, and any member of accessing them via the Website, between you and Pokket or any successor operator of the Website.

The Derivative Services are complex and carry a high level of risk and are not appropriate for users who do not possess the appropriate level of knowledge and experience to deal in them. Pokket is under no obligation to assess the suitability of the Derivative Services for users and any comment or statement which may be made by Pokket or any of its associates to the suitability of the Derivative Services to you should under no circumstances be considered as investment or legal advice and should not be received or relied upon as such.

These Derivative Terms may be amended, changed or updated by Pokket at any time and without prior notice to you. You should check the Website often to confirm that your copy or understanding of these Derivative Terms is current and correct. Your non-termination or continued access or use of any Derivative Services after the effective date of any amendments, changes or updates constitutes your acceptance of these Derivative Terms, as modified by such amendments, changes or updates.

The access or use of the Website and any of the Derivative Services is void where such access or use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power or privilege.

You will ensure all emails and passwords required to access the Website are kept secure and confidential. You will immediately notify Pokket of any unauthorised use of your passwords or any other breach of security and Pokket will reset your password.

1. Contractual Relationship

These General Terms constitute a legal agreement and create a binding contract between you and Pokket.

2. Changes to These General Terms

Pokket reserves the right to change or modify these General Terms in its absolute discretion at any time. Pokket will notify such changes by updating the General Terms on the Website. Any and all modifications or changes to these General Terms will become effective upon publication on the Website or release to Users. Your continues use of Pokket Services is deemed your acceptance of the modified agreement and rules. If you do not agree to any changes to these General Terms, you must stop using Pokket Services immediately. You are recommended to frequently review these General Terms to ensure your understanding of the General Terms that apply to your access to and use of Pokket Services.

3. Registration

By registering as a Member, you represent and warrant:

a) you have accepted the General Terms; and

b) you are at least 18 years of age and have the capacity to accept the General Terms;

c) you are the legal owner of the funds you add to your account with Pokket and the same funds derive from a legitimate source;

d) using Pokket Services does not constitute a breach of the laws of your home jurisdictions;

e) you are aware of the risks in using the Pokket Services. These risks include the high volatility risk of cryptocurrency itself, and the fact you may be returned funds in TUSD or equivalent if settlement conditions are met at the time of observation;

f) any crypto currency withdrawal address you provide is your own and you have full control over this address. By creating a Pokket Account, you hereby agree that:

a) you will notify Pokket immediately if you are aware of any unauthorized use of your pocket account and password or any other violation of security rules;

b) you will strictly abide by all mechanisms or procedures of Pokket regarding security, authentication, trading, charging and withdrawal.

4. Conditions for Use

The Pokket Account can only be used by the account holder. Pokket reserves the tight to suspend, freeze or cancel the use of Pokket Accounts by persons other than Account holder. If you suspect or become aware of any unauthorized use of your username and password, you should notify Pokket immediately. Pokket assumes no liability for any loss or damage arising from the use of Pokket Account by you or any third party with or without your authorization.

When accessing and using the Service, you must:

a) not attempt to undermine the security or integrity of Pokket’s computing systems or networks or, where Pokket Services are hosted by a third party, that third party’s computing systems and networks;

b) not use, or misuse, Pokket Services in any way which may impair the functionality of Pokket Services or Website, or other systems used to deliver Pokket Services or impair the ability of any other user to use Pokket Services or Website;

c) not attempt to gain unauthorised access to the computer system on which the webite is hosted or to any materials other than those to which you have been given express permission to access;

d) not transmit or input into the Website any files that may damage any other person’s computing devices or software; content that may be offensive; or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and

e) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver Pokket Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

1. KYC

We will conduct due diligence during Account opening and from time to time afterwards in order to comply with our “know-your-client” and other legal and regulatory obligations and requirements. You must provide any information or documentation we require (“KYC Requirement”), and provide updates to such information in a timely manner. A non-exhaustive list of the information or documentation we may require from you is set out here  for individuals and here  for corporates.

We have the right to amend this list at any time at our sole and absolute discretion without prior Notice to you.

2. Anti-Money Laundering and Counter-Terrorist Financing

a) monitoring transactions for the purpose of identifying suspicious or illegal activity; and

b) investigating and reporting suspicious activity in accordance with Applicable Laws.

3. Sanctions

You are prohibited from opening an Account and/or using any of the Services if you and/or (if you are a corporation, partnership, firm or organisation) your controllers or shareholders (whether directly or indirectly) are subject to a sanctions regime (including sanctions administered or enforced by the United Nations or other relevant sanctions authorities), or have received any oral or written notice from any government or regulatory authority targeting you with sanctions, restrictions, penalties, enforcement action or investigation under any Applicable Law (including but not limited to AML/CFT, anti-corruption or economic sanction laws) (a “Sanctioned Person”).

Upon completion of the registration and identity verification for your Pokket Account, you may use various Pokket Services, including but not limited to Derivatives Trading, Pokket Savings Service, Borrowing and Lending Services, Structured Products offerings and Crypto Funds and OTC Trading Services.

1. Pokket Savings Service

Pokket offers Pokket Savings, a service to provide Users with value-added services for their Digital Assets. To use Pokket Savings service, you must complete the registration and identity verification for your Pokket Account. When using Pokket Savings service, you should note that:

a) Pokket Savings assets will be used in cryptocurrency leveraged borrowing and other businesses.

b) You will unconditionally authorize Pokket to distribute and grant the leveraged interest according to Pokket Platform Rules.

c) You shall abide by relevant laws and regulations to ensure that the sources of Digital Assets are legitimate and compliant when using Pokket Savings service.

d) You should fully recognize the risks of investing in Digital Assets and operate cautiously.

e) You agree that all investment operations conducted on Pokket represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions.

f) Pokket reserves the right to suspend or terminate Pokket Savings service. If necessary, Pokket can suspend and terminate Pokket Savings service at any time.

g) Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension, termination or deviation of execution of Pokket Savings service, Pokket will use reasonable effort to ensure but not promise that Pokket Savings service execution system runs stably and effectively. Pokket does not take any responsibility if the final execution fails to match your expectations due to the above factors.

2. Derivatives Trading

By creating or funding a Derivative Account or accessing or using any of the Derivative Services, you acknowledge that you have read, understood and completely agree to these Derivative Terms , as updated and amended from time to time. If you do not agree to be bound by these Derivative Terms or with any subsequent amendments, changes or updates, you may not access or use any of the Derivative Services. If you do access or use any of the Derivative Services, you will be bound by these Derivative Terms of Service, as updated and amended from time to time.

Only eligible Persons are permitted to access or use the Derivative Services. Any Person that is not eligible that utilizes the Derivative Services or that accesses the Website (as defined below) will be in breach of these Derivative Terms and may have any Digital Tokens, Derivative Products, funds, proceeds or other property confiscated (all as defined below).

These Derivative Terms, together with the incorporated materials, constitute the entire agreement and understanding with respect to the access or use of any or all of the Derivative Services, and any member of accessing them via the Website, between you and Pokket or any successor operator of the Website.

The Derivative Services are complex and carry a high level of risk and are not appropriate for users who do not possess the appropriate level of knowledge and experience to deal in them. Pokket is under no obligation to assess the suitability of the Derivative Services for users and any comment or statement which may be made by Pokket or any of its Associates to the suitability of the Derivative Services to you should under no circumstances be considered as investment or legal advice and should not be received or relied upon as such.

These Derivative Terms may be amended, changed or updated by Pokket at any time and without prior notice to you. You should check the Website often to confirm that your copy or understanding of these Derivative Terms is current and correct. Your non-termination or continued access or use of any Derivative Services after the effective date of any amendments, changes or updates constitutes your acceptance of these Derivative Terms, as modified by such amendments, changes or updates.

The access or use of the Website and any of the Derivative Services is void where such access or use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power or privilege.

3. Lending Services

To borrow currencies, you must conclude with Pokket a separate Master Loan Agreement and open a special Collateral Account and/or finish other relevant procedures, following the completion of registration and identity verification for your Pokket Account. You understand and agree that:

a) there are considerable risks involved in Lending Services, which include without limitation to risks of fluctuation of the borrowed Digital Assets’ value, derivative risks and technical risks. You shall carefully consider and exercise clear judgment to evaluate your financial situation and the aforesaid risks to make any decision on using Lending Services, and you shall be responsible for all losses arising therefrom;

b) you shall cooperate to provide the information and materials related to identify verification and Lending Services as required by Pokket, and be solely responsible for taking necessary security measures to protect the security of your Collateral account and personal information;

c) You shall carefully read the relevant Website before using Lending Services, and be aware of, understand and observe the specific information and rules regarding the operations of Lending Services, and you undertake that the use of the assets borrowed shall conform to requirements of these General Terms and related laws and regulations;

d) Pokket has the full right to manage the collateral standing in your Collateral Account during the period in which Lending Services are offered, and reserves the right, under the circumstances specified in the Master Loan agreement or these General Terms, to implement various risk control measures, including but not limited to forced liquidation. Such steps may cause major losses to you and you shall be solely responsible for the outcomes of such measures;

e) Pokket has the right to temporarily or permanently prohibit you from using Lending Services when it deems necessary or reasonable, and to the maximum extent permitted by law, without liability of any kind to you.

4. Offshore Crypto Funds

The funds referred to in this Website are authorized by the Cayman Islands Monetary Authority (“CIMA”) for sale to the public in Hong Kong (the "Funds"). Any such Fund’s prospectus or other Fund information in the Website does not constitute an offer to sell or a solicitation of an offer to buy by anyone in any jurisdiction in which such offer or solicitation is not lawful or in which the person making any such offer or solicitation is not qualified to do so or to anyone to whom it is unlawful to make such offer or solicitation. CIMA authorization is not a recommendation or endorsement of a scheme nor does it guarantee the commercial merits or performances of the scheme. It does not mean that the scheme is suitable for all investors nor is it an endorsement of its suitability for any particular investor or class of investors. 

Important information about each Fund is contained in such Fund’s prospectus, which is available upon request from Pokket. BEFORE ACQUIRING THE SHARES OR UNITS OF ANY FUND BY PURCHASE OR EXCHANGE, IT IS YOUR RESPONSIBILITY TO READ SUCH FUND’S PROSPECTUS OR OFFERING MATERIALS, INCLUDING THE RISK FACTORS. All investments involve risk and may lose value. Investors may lose all or a portion of the amount invested. The value of the investment and the income from it will vary. If you are considering making an investment, you are advised to obtain your own independent professional advice and to carefully consider all relevant risk factors. The price of units or shares and the income from them in relation to any investment may go down as well as up and any past performance is not indicative of future performance. Pokket does not guarantee the performance of any of the Funds.

The information and services provided on this Website are provided "AS IS" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, BlackRock disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. BlackRock does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and does not warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. BlackRock expressly disclaims all liability for errors and omissions in the materials on this Website and for the use or interpretation by others of information contained on the Website.

5. Pokket Convert Service

a) Upon completion of the registration and identity verification for your Pokket Account, you may be able to make use of the Pokket Convert Services, which enables you to buy and sell Digital Assets. Users may provide Pokket with a request to convert one Digital Asset into another Digital Asset, which Pokket may, in its sole discretion, elect to accept or reject.

b) For conversion between a supported trading pair of Digital Assets, Users may place a market order by specifying the type and amount of the Digital Asset to be converted (a “Convert Market Order”) or a limit order, by specifying the type and amount of the Digital Asset to be converted, the price and the expiry of the limit order (a “Convert Limit Order”).

c) If a User places a Convert Market Order, Pokket may provide a non-binding quote for the conversion (a “Convert Quote”), which the User may accept or decline within such period of time as Pokket may in its sole discretion specify. It is the User’s responsibility to check the competitiveness of the price and decide whether to accept the Convert Quote or not within the specified time. User’s acceptance of the Convert Quote (the “User Trade Request”) authorizes Pokket to temporarily lock the User’s Digital Assets that are to be converted until the conversion is completed.

d) Pokket may either accept or reject the User Trade Request at its sole discretion, depending on market conditions and other factors at the relevant time.

e) If Pokket accepts the User Trade Request, Pokket will guarantee the price (regardless of price movement) as well as the amount it provides to the User and will settle the Digital Assets accordingly. In most cases, the settlement will complete within 10 seconds. But it is sometimes possible that the settlement process takes several hours or even longer, depending on various factors, including market conditions, technical issues, etc. During the process of settlement, the User cannot cancel the conversion or transfer, withdraw, or trade the Digital Asset that is being processed. Pokket shall not be held responsible for potential loss or opportunity cost in connection with any price change of the Digital Asset being processed during this settlement period.

f) In respect of Convert Limit Orders, Pokket does not guarantee the fulfilment of the limit order, even if the market price hits or crosses the limit price set by the User, as orders are executed subject to market conditions and liquidity. Pokket shall not be held responsible for any potential loss or opportunity cost due to the unsuccessful execution of limit orders in such case.

g) It is recommended that Users conduct independent research into different Digital Assets prior to using Pokket Convert Services. Users bear full responsibility for any profit or loss in connection with their use of Pokket Convert Services.

Pokket does not provide Pokket Services to customers located in the United States of America, the Republic of Seychelles, Mainland China, Cuba, Crimea and Sevastopol, Iran, Syria, North Korea and Sudan, or any other jurisdiction where Pokket Services are restricted (“Restricted Jurisdictions”). This means that if you hold a passport from, or are currently located in one of the above jurisdictions, you are prohibited from opening an Account or otherwise using Pokket Services. We have the right to amend the Restricted Jurisdictions at any time at our sole and absolute discretion without prior Notice to you. By accessing and using Pokket Services, you represent and warrant that you have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council Sanctions List), the List of Specially Designated Nationals by OFAC (The Office of Foreign Assets Control of the U.S. Department of the Treasury), or the Denied Persons or Entity List of the U.S. Department of Commerce. Pokket reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of Pokket Services in certain countries or regions.

We may, at our sole and absolute discretion, implement controls to restrict access to the Account and Pokket Services in any of the Restricted Jurisdictions. We may block or geo-block persons located in certain Restricted Jurisdictions from accessing or using the Website, an Account and/or Pokket Services. You acknowledge, agree and understand that if you are located in a Restricted Jurisdiction, you are not permitted to access or use the Website, your Account, even if you are located there only temporarily or for travel, and restrictions will be applied to your Account accordingly. You must not attempt in any way to circumvent any such restriction, including by use of any virtual private network to obfuscate your location.

Notwithstanding any other provision in these Terms of Service, if we determine that you are accessing Pokket Services from any Restricted Jurisdiction, or have given false representations as to your location of incorporation, establishment, citizenship or place of residence, we reserve the right to close your Account immediately or take all appropriate action we deem necessary.

If the jurisdiction of which you are a citizen or in which you are resident, located, incorporated, or otherwise established or based (as applicable) becomes a Restricted Jurisdiction or any change (including any change to Applicable Laws) results in your jurisdiction becoming a Restricted Jurisdiction, without prejudice to any other provision in these Terms of Service, we may immediately cease providing you with access to and use of your Account and Pokket Services.

We are not responsible for any losses which may arise because you are not able to access or use the Website, your Account and/or the Pokket Services at the relevant time because of any action taken under this clause.

Pokket reserves the right at any time to verify your identity for the purposes of complying with the Republic of Seychelles’ Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020.

1. Disclaimer of Warranties

To the maximum extent permitted under applicable law, Pokket Services, Pokket materials and any product, service or other item provided by or on behalf of Pokket are offered on an “AS IS” and “AS AVAILABLE” basis, and Pokket expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose. Title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, Pokket does not represent or warrant that the site, Pokket Services or Pokket materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Pokket does not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements, agreements and rules set forth in these terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of Pokket Services. Without limiting the foregoing, you hereby understand and agree that Pokket will not be liable for any losses or damages arising out of or relating to: (A) Any inaccuracy, defect or omission of digital assets price data; (B) any error or delay in the transmission of such data; (C) Interruption in any such data; (D) Regular or unscheduled maintenance carried out by Pokket and service interruption and change resulting from such maintenance; (E) Any damages incurred by other users’ actions, omissions or violation of these terms (F) Any damage caused by illegal actions of other third parties or actions without authorized by Pokket; and (G) Other exemptions mentioned in disclaimers and platform rules issued by Pokket.

The Disclaimer and implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction in which you reside.

2. Disclaimer of Damages and Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Pokket, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses of financial benefits) arising out of Pokket Services, any performance or non-performance of Pokket Services, or any other product, service or other item provided by or on behalf of Pokket and its affiliates, whether under contract, applicable law or strict liability even if Pokket has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of Pokket’s gross negligence, fraud, wilful misconduct or intentional violation of law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

Notwithstanding the foregoing, in no event will the liability of Pokket, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, prepresentatives, suppliers or contractors arising out of services offered by or on behalf of Pokket and its affiliates, any performance or non-performance of Pokket Services, or any other product, whether under applicable law, contract or strict liability, exceed the amount of the fees paid by you to Pokket under these Terms of Service in the 12-monht period immediately preceding the event giving rise to the claim for liability.

3. Indemnification

You agree to indemnify and hold harmless Pokket, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Pokket Services, (ii) your breach or our enforcement of these Terms of Service, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Pokket Services. If you are obligated to indemnify Pokket, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms of Service, Pokket will have the right, in its sole discretion, to control any action or proceeding and to determine whether Pokket wishes to settle, and if so, on what terms.

1. We may, under the following circumstances and, in our sole and absolute discretion:

(1) refuse to complete, block, cancel, or reverse any transaction you have authorized or instructed; (2) terminate, suspend, or restrict your access to any or all of Pokket Services; (3) terminate, suspend, or restrict your access to any or all of your account(s); and/or (4) refuse to transmit information or instructions to third parties (including but not limited to third-party wallet operators), in each case with immediate effect for any reason or no reason whatsoever:

a) we are required to do so by applicable law or regulation, or any court or legal authority to which we are subject in any jurisdiction;

b) we have determined that you are not, or are no longer, eligible to use Pokket Services;

c) we have determined or suspect that any transaction is unauthorized, erroneous, fraudulent, or unlawful or we have determined or suspect that your account(s) or Pokket Services are being used in a fraudulent, unauthorized, or unlawful manner:

d) we have determined or suspect there is any occurrence of money laundering, terrorist financing, fraud, or any other crime:

e) your account(s) is subject to ongoing litigation, investigation, or judicial, governmental or regulatory proceedings and/or in our opinion, there is a heightened risk of legal or regulatory non-compliance related to your account(s) activity;

f) you have outstanding financial obligations owed to Pokket;

g) there are issues with your KYC ongoing monitoring.

In the event your account(s) is terminated, suspended, or otherwise restricted, Pokket will conduct an investigation and may require you to cooperate with our enquiries. During the investigation, you will not be able to transact with Pokket. At the end of the investigation, we may, at our own discretion, decide to close your account(s) without reason.

We expressly exclude our liability for any direct or indirect losses (including loss of profits, business or opportunities), damages, or costs sustained by you or any other person or entity due to any such termination, suspension, or restriction of access to any of your account(s) or Pokket Services. You hereby agree to indemnify Pokket completely against any third party action resulting from your conduct or our termination of your account(s).

Pokket reserves the right to take any action it deems necessary to remedy the issue in a timely manner or otherwise as may be required under applicable law.

It is your responsibility to provide us with correct details of your digital currency address. We accept no liability resulting in you not receiving the cryptocurrencies due to incorrect or out-of-date address(es). It is also your responsibility to ensure transactions sent to Pokket are well-formatted and denominated in the correct currency. Pokket disclaims all liability for any incorrect transactions.

Pokket shall be entitled to disclose your user identity and personal details if required or requested by a court of law, governmental agency or any other law enforcement authority in such circumstances as Pokket in its sole discretion considers reasonably necessary or appropriate.

2. Closure of Account(s) Without Notice

You hereby agree and acknowledge that Pokket reserves the right at our own discretion to close your Account(s) without notice. If there are cryptocurrencies remaining in your account(s) at the time of closure, we will return you such crypto currencies to the whitelisted digital currency address(es) provided by you.

All intellectual property rights relating to all the material used on the Website including, but not limited to, design, structure, layouts, graphical images and underlying source code belongs to Pokket. All rights are reserved. You acknowledge, except as otherwise agreed between the parties in writing, all intellectual property rights of Pokket and the Website shall remain with Pokket.

Please see our separate Privacy Policy, which forms part of these General Terms.

Pokket may place information concerning you on a database of internal use only. Pokket will not disclose your details to any third party unless required by law, unless specifically instructed to the contrary by you.

You acknowledge:

a) you are authorised to access and use the Website; In particular, the jurisdiction where you reside, hold citizenship, or conduct business allows you to utilize Pokket Services;

b) if you are using the Website on behalf of or for the benefit of any organisation then it is assumed you have the right to do so. The organisation will be liable for your actions including any breach of these General Terms;

c) your use of the Website and the Service is at your own risk. You agree Pokket is not liable for any damage or harm arising out of your use of the Website and Service;

d) the information provided on the Website is for general information purposes only and is given in good faith. However, the information is selective and Pokket may not verify all information, which may not be complete or accurate for your purposes and should not be relied upon without further enquiry. The information should not be construed as a recommendation to engage the Service provided by Pokket in a particular manner; and

e) Pokket does not warrant the use of the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Website. Pokket is not in any way responsible for any such interference that prevents your access or use of the Website and the Service.

Pokket gives no warranty about the Website. Without limiting the foregoing, Pokket does not warrant the Website will meet your requirements or it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded insofar as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.

Pokket partners with third party for-profit trading businesses which, among other things, transacts in products deposited on the Pokket platform. The third parties act primarily as market makers and providers of the premiums paid for on deposits, including the collateral posted against the deposit. Third party partnership is organised to be separate and distinct from the platform business.

You warrant and represent you are acquiring the right to access and use the Website and agreeing to these General Terms for the purposes of a business and, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Website or these General Terms.

Pokket denies all liability for the timely operation of the Website when used within an Internet environment, where you or a third party is providing the computer equipment upon which the product is depend upon for any part of its functionality.

By using this service, you confirm and accept:

a) your understanding the timely operation of the Internet and the World Wide Web is governed by constraints beyond the control of Pokket. You accept Pokket is not liable for any perceived slow operation of the Website.

b) all deposits are final and irreversible.

c) Pokket reserves the right to return any deposit at any time regardless of the profit or loss position.

Pokket does not warrant the Service will:

a) meet your requirements;

b) the Service will be uninterrupted, timely, secure, or error-free;

c) the information provided through the Service is accurate, reliable or correct;

d) any defects or errors will be corrected, or that the Service will be available at any particular time or location. You assume full responsibility and risk of loss resulting from your use of Pokket Services.

You assume full responsibility and risk of loss resulting from your use of the Service.

1. We have the right to communicate and provide notices (“Notice”) to you in any manner which we deem to be appropriate, including (without limitation):

a) site announcements via any domain controlled by us (including, without limitation, https://pokket.com);

b) to the contact details registered with your Account (including, but not limited to, your registered email address);

c) Website banners, popups and announcements;

d) mobile alerts via the Mobile App.

You agree and consent to electronic delivery of all communications and Notices to you.

All calculations performed by Pokket and as verified by Pokket are final. As noted earlier in these Terms of Service, Pokket does not warrant that the use of the Website will be uninterrupted or error free.

Any failure or delay by Pokket to enforce any of the General Terms or to exercise any right under the General Terms will not be construed as a waiver to any extent of our rights.

Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including acts of god, riot, war, malicious acts of damage, fires, electricity supply failure, Government authority.

Should any provision of these General Terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected. If any provision is determined to be unenforceable, you agree to an amendment by Pokket of such provision to provide for enforcement of the provisions intent, to the extent permitted by applicable law.

The General Terms are governed by and construed in accordance with English common law. The International Business Companies Act of 2016 is the principal legislation that governs international corporates in the Republic of Seychelles.

“Account” means your user account at Pokket;

"Affiliate" means, in relation to either Party, a direct or indirect subsidiary of the Party, a holding company of the Party, and any other subsidiary of that holding company;

“Agreement” means the General Terms of Service herein;

“Data” means any data input by you or with your authority into the Website;

“Derivative Account” means, collectively, a Person’s Account, and other records, all as utilized by Pokket from time to time to record the Person’s balances of Digital Tokens, Derivative Products, other assets and usage of the Derivative Services (defined below);

“Derivative Products” means the derivative products available on the Website from time to time;

“Derivative Services” means derivative trading and all services related to the Derivative Products;

“Derivative Terms” means these terms and conditions of service applicable to the Derivative Services, as they may be changed, amended, or updated from time to time;

“Digital Assets” means Digital Currencies, their derivatives or other types of digitalized assets with a certain value;

"Intellectual Property Rights" means any registered or unregistered design rights, patents, copyright, database rights, data protection rights, trademarks, service marks, moral rights, know-how and any other intellectual or industrial property rights, anywhere in the world;

“Member” means any current registered user of Pokket;

“Notice” means a notice given under Clause

"Person" includes an individual, association, corporation, company, other body corporate, trust, estate, and any form of organization, group, or entity (whether or not having separate legal personalit

“Pokket” refers to Pokket Global Limited, a company incorporated in the Republic of Seychelles. Pokket is a pure cryptocurrency based virtual investments platform providing Pokket Services to users of Pokket.com (including all web pages at such address);

“Pokket Services” means all pure crypto based services made available (as may be changed or updated from time to time) by Pokket via the Website;

“Prohibited Jurisdiction” means any of: the United States of America, the Republic of Seychelles, Mainland China, Cuba, Crimea and Sevastopol, Iran, Syria, North Korea and Sudan, or any other jurisdiction where the Pokket Services are restricted;

“Prohibition of Use” has the meaning set out in the relevant paragraph;

“Website” means any of the images, written material, databases, software or other material available on any website owned or operated by Pokket.