OUINEX WEBSITE TERMS AND CONDITIONS

Thank you for visiting the Ouinex Website. These Terms and Conditions ("Terms") constitute a legally binding agreement between the Ouinex Website (as defined below) and you (hereinafter referred to as "Users," "users," "You," or "you") and governs your use or access to the Ouinex Website and/or the Services. By visiting, accessing, or using https://ouinex.com or associated application program interface or mobile applications ("Ouinex Website"), you are deemed to have read, understand and irrevocably consent to all of the Terms contained herein, as may be updated and amended from time to time, so please read them carefully.

The Terms constitute the agreement and understanding regarding the use of any of the Services, and any manner of accessing them, between you and the following service providers ("we," "us," or "our") depending on your residency or date of registration.

1. Introduction

The Ouinex Website is owned by Trade Tech FZCO and operated by different Ouinex entities depending on your place of residence:

Global Markets LLC, a company registered in Saint Vincent and the Grenadines (“Ouinex SVG”), for users outside restricted territories.
Zithuthukise Project (Pty) Ltd, an authorised financial services provider in South Africa (“Ouinex ZA”), for South African users.
Other Ouinex Group entities designated for specific jurisdictions, as applicable.

Together, Global Markets LLC, Zithuthukise Project (Pty) Ltd, and other designated entities form part of the Ouinex Group and are referred to as “Ouinex” or the “Company”.

For purposes of these Terms, the “Exchange Platform” means the Ouinex trading platform accessible via the Website or mobile applications, which provides functionality such as digital asset exchange, custody, staking, wallets, and related services. Access to and use of the Exchange Platform is governed by separate user agreements depending on the user’s jurisdiction.

Further legal and company information, including registration and licensing details, is set out in Section 3 of these Terms.

2. General Disclaimer

2.1 Nature of Information and Risks

The information provided on the Ouinex Website is for informational purposes only and does not constitute financial, legal, or investment advice. Ouinex does not guarantee the accuracy, completeness, or timeliness of any information presented.
Trading digital assets and derivatives involves significant risk and may not be suitable for all investors. Users should assess their risk tolerance and consult professional advisors before engaging in any transactions.
Past performance is not indicative of future results.
Tax treatment depends on each user’s individual circumstances and may vary by jurisdiction.
None of the services or products offered on the Ouinex Website constitute an offer to provide services in jurisdictions where such services are prohibited by law.
Users should seek independent legal and financial advice before making any investment decisions related to digital assets.

2.2 Terms and Updates

By using the Ouinex Website, you agree to be legally bound by these Terms, including any additional terms incorporated by reference. Terms applicable only to certain users of Ouinex will be identified as such.
If you do not agree to these Terms, you must not access or use the Services and must leave the Website immediately.
Ouinex may amend or modify these Terms, policies, or guidelines of the Website at any time at its sole discretion, subject to applicable laws.
If you do not agree to updated Terms, your sole remedy is to close your Account within 30 days of notice. Continued use of the Website or Services after this period constitutes acceptance of the updated Terms.
These Terms take precedence over any other agreement you may have with us, unless explicitly stated otherwise.

2.3 Communications

Formal communications with you will normally be by electronic mail. You should also send documents to us by electronic mail unless otherwise agreed.
These Terms and any formal communications with you will, unless otherwise agreed, be made in the English language. In the event of any discrepancy or conflict between the English version of these Terms or such communications and any translation, the English version shall prevail.

3. Legal Notice & Company Information

The Ouinex Website is owned by Trade Tech FZCO and operated by the following Ouinex entities:

3.1 Global Markets LLC

Registered in Saint Vincent and the Grenadines under Company Registration Number 3796 LLC 2024.
Registered Address: Suite 305, Griffith Corporate Center, Beachmont, Kingston, Saint Vincent and the Grenadines.
Approved by the Financial Services Authority (FSA) of Saint Vincent and the Grenadines to engage in Forex business (approval issued September 6, 2024). Digital asset services are provided in accordance with applicable laws and approvals.

3.2 Zithuthukise Project (Pty) Ltd

Authorised financial services provider in South Africa with license number 52244, registration number 2021/917212/07.
Registered Address: Apt 3806, The Leonardo, 75 Maude Street, Sandown, Sandton, Johannesburg, Gauteng, 2146, South Africa.
Acts solely as an intermediary in terms of the FAIS Act between clients and Global Markets LLC (the “Product Supplier”). It is not a market maker or product issuer and does not act as principal or counterparty in any transactions.

Website hosting: The Ouinex Website is hosted by Amazon Web Services (AWS), with headquarters at 410 Terry Ave. N, Seattle, WA 98109, USA.

4. Eligibility and Prohibition of Using Our Services

If you are a natural person, by accessing the Ouinex Website and/or using our Services you represent and warrant that you are at least 18 years old and legally permitted to use the Services under the laws of your jurisdiction. If you are accessing or using our Services on behalf of a legal entity (e.g., a corporate or institutional customer), you further represent and warrant that:
- the entity is duly organized and validly existing under the laws of its jurisdiction;
- you are duly authorized to act on its behalf;
- the entity agrees to be responsible to us if you violate these Terms; and
- neither you nor the entity has previously been suspended or removed from accessing the Ouinex Website or using the Services.
You also represent and warrant that you (or the legal entity you represent, as applicable) are not on, and will not transact with anyone on, any trade or economic sanctions lists of any competent authority. This includes, without limitation: (i) terrorism and terrorist financing lists; (ii) proliferation of weapons of mass destruction lists; and (iii) any other sanctions lists issued by competent authorities, including but not limited to the United Nations Security Council, the European Union, OFAC, or other relevant regulators in our operating jurisdictions.
Ouinex may not make all Services available in all markets and jurisdictions. The scope of Services available in a particular jurisdiction may change from time to time, and you acknowledge that this may affect your ability to access or use the Ouinex Website and/or Services.
You further represent and warrant that your access to and use of the Ouinex Website is voluntary, on your own accord, and free from direction by another party.

5. Intellectual Property Rights

All Ouinex Website content, including text, images, logos, trademarks, and software, is the intellectual property of Ouinex or its licensors.
Unauthorized use, reproduction, representation or distribution, duplication, publication, or quotation, in whole or in part, of the Ouinex Website’s content, for commercial or any other purpose, without the prior written consent of Ouinex, is strictly prohibited and constitutes an infringement punishable under applicable intellectual property laws.
In any event, any representation or reproduction authorized by Ouinex of all or part of the Ouinex Website or its component parts must include the words "Copyright [Year in progress] Ouinex - all rights reserved".

6. Restrictions on Use

The Ouinex Website and its services may be restricted in certain jurisdictions due to local regulations. Ouinex does not provide services to individuals or entities where such services would be unlawful.
Users are responsible for ensuring compliance with applicable laws before accessing the Ouinex Website.
Access to certain services may require identity verification in compliance with regulatory requirements.
Users must ensure that they do not use the Ouinex Website for fraudulent, misleading, or illegal purposes.
Any attempt to hack, manipulate, or disrupt the Ouinex Website’s functionality is strictly prohibited.

7. Payment Agent Services

Pursuant to these Terms and Conditions, all fiat payment transactions on the Ouinex Website or on the Ouinex Exchange Platform are handled exclusively by Ouinex Trading Sp. z o.o., a company incorporated and registered in Poland, acting solely as a technical payment agent on behalf of the service provider.
Ouinex Trading Sp. z o.o. does not provide any other services under these Terms and Conditions, including custody, digital asset exchange, or investment advice.

8. Liability Limitations

Ouinex is not liable for direct, indirect, incidental, or consequential damages resulting from the use of the Ouinex Website.
Ouinex does not guarantee uninterrupted or error-free access and shall not be responsible for technical disruptions beyond its control.
Users assume full responsibility for their reliance on any information provided on the Ouinex Website.
Ouinex shall not be held liable for damages caused by reliance on third-party links or content accessed through the Ouinex Website.
Ouinex disclaims liability for any tax implications related to transactions conducted through its services.
Users acknowledge and accept that trading digital assets involves risks, including total loss of invested capital.

9. Data Protection & Privacy

The personal data collected through the Ouinex Website is processed and managed in accordance with applicable data protection laws in Saint Vincent and the Grenadines (SVG), South Africa, and internationally recognized standards.
This data is handled by Ouinex for purposes including internal management, statistical analysis, fraud prevention, anti-money laundering (AML) measures, regulatory compliance, and enhancing operational security.
In certain circumstances, personal data may be shared with official authorities or legal bodies to comply with regulations, particularly in relation to anti-money laundering and counter-terrorism financing.
Personal data may be transferred within or outside our operating jurisdictions. Where data is transferred to countries outside our primary jurisdictions, appropriate safeguards are implemented to ensure its security and protection in compliance with applicable data protection standards.
Details of these safeguards can be obtained upon request by contacting our Data Protection Officer (DPO) or Information Officer (IO):
- Email: dpo@ouinex.com
- Mail (SVG): Global Markets LLC – Local representative, Suite 305, Griffith Corporate Center, Beachmont, Kingston, Saint Vincent and the Grenadines
- Mail (ZA): Zithuthukise Project (Pty) Ltd – Information Officer, The Leonardo, 75 Maude Street, Sandown, Sandton, Johannesburg, Gauteng, 2146, South Africa
Users have the right to access, rectify, and request deletion of their personal data. Additional rights may apply under local laws.
For more details on how your personal data is processed and protected, please refer to our Privacy Policy corresponding to your jurisdiction.

10. Cookies & Tracking Technologies

The Ouinex Website uses cookies and similar tracking technologies. Users may manage their preferences in the Cookie Preferences Center.
Certain cookies are required for website functionality, while others are optional and subject to user consent.

11. Hypertext Links & Third-Party Websites

The Ouinex Website may contain links to third-party websites. Ouinex is not responsible for the content, security, or privacy practices of external sites.
Users access third-party links at their own risk.
The creation of hypertext links to the Ouinex Website requires prior authorization from Ouinex.

12. Security & Risk Warnings

Ouinex implements reasonable security measures to protect the integrity of its systems and services; however, no system can be guaranteed as completely secure. Users acknowledge that the transmission of data via the internet carries inherent risks.
Ouinex shall not be liable for damages or losses resulting from unauthorized access, cybersecurity incidents, phishing, spoofing, or other malicious acts beyond its reasonable control.
Users must take appropriate steps to secure their devices, accounts, and personal information when accessing the Ouinex Website or Exchange Platform, including the use of strong, unique passwords and secure storage of credentials.
Users must exercise caution against fraudulent communications and should verify the authenticity of any message claiming to originate from Ouinex. Users must never disclose passwords or sensitive security information to third parties.
Users are solely responsible for maintaining appropriate cybersecurity measures, including keeping operating systems, browsers, and applications updated, using reputable antivirus or antimalware software, and ensuring secure internet connections when accessing the Ouinex Website or Exchange Platform.
Ouinex reserves the right to suspend, restrict, or terminate access to the Ouinex Website or Exchange Platform if security risks are detected.

13. Amendments & Updates

Ouinex reserves the right to update these Terms at any time.
Users will be notified of significant changes via the Ouinex Website.
Continued use of the Website constitutes acceptance of the revised Terms.
The latest version of the Terms will always be accessible on the Ouinex Website.

14. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction of the applicable Ouinex entity serving you:
- For Ouinex SVG users: the law of Saint Vincent and the Grenadines, with disputes subject to the jurisdiction of the Eastern Caribbean Supreme Court (ECSC), Saint Vincent and the Grenadines.
- For Ouinex ZA users: South African law, with disputes subject to the jurisdiction of South African courts.
Exchange Platform Services: Services accessible via the Exchange Platform are subject to separate user agreements depending on the user’s jurisdiction, available in the Legal Documents Center. Users must accept the corresponding terms and conditions at the time of onboarding and before accessing any platform functionality.
Payment Processing Services: All fiat payment transactions made through the Ouinex Website or on the Ouinex Exchange Platform are handled by Ouinex Trading Sp. z o.o., acting as the designated technical payment agent. Any dispute, claim, or legal matter arising out of or in connection with payment transactions shall be governed by and construed in accordance with the laws of Poland, and the parties submit to the exclusive jurisdiction of the Polish courts.
Users are responsible for ensuring that their use of the Ouinex Website complies with applicable local laws.

15. Contact Information

For general inquiries, you can reach Ouinex at:

Email: info@ouinex.com

Registered addresses:

Global Markets LLC (SVG Entity): Suite 305, Griffith Corporate Center, Beachmont, Kingston, Saint Vincent and the Grenadines.
Zithuthukise Project (Pty) Ltd (South African Entity): The Leonardo, 75 Maude Street, Sandown, Sandton, Johannesburg, Gauteng, 2146, South Africa.
Ouinex Trading Sp. z o.o. (Polish Entity): pl. Władysława Andersa 3, floor 11, 61-894 Poznań, Poland.