New Capital Terms of Use
August 31, 2024
New Capital LT ("New Capital") welcomes you to the New Capital (websites
https://wallet.app/, https://new.capital/
and https://chain.review/), and all and any service provided by New
Capital by means of the New Capital platform (collectively the “Platform”).
Please read these terms and conditions of use carefully before using our Platform.
1. ACCEPTANCE OF TERMS
By entering, accessing or using the Platform you acknowledge that you have read and understood these Terms of Use
https://wallet.app/terms-and-conditions-of-use.html
and Privacy Notice https://wallet.app/privacy-notice.html,
(collectively, the "Terms") and you agree to be bound by them and to comply with all applicable
laws and regulations regarding your use of the Platform. These Terms are a binding and enforceable legal contract
between you and New Capital, so please read them carefully.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM.
2. CONTRACTING PARTIES
These Terms, along with our Privacy Policy constitute a legal and binding agreement between you, the account
holder and us, New Capital. In these terms and conditions, a reference to "New Capital", "we", "us" or "our" is a
reference to New Capital. A reference to "you" or "your" is a reference to a natural person and/or a legal entity
that signs up for an account on our Service.
The New Capital Platform is operated by New Capital LT, UAB. New Capital LT, UAB is incorporated in Lithuania
with the company number 304696871 and having its registered office at Lvivo str. 13C-5, LT-09313, Vilnius,
Lithuania (contact email: contact at new dot capital).
3. CHANGES TO THESE TERMS
New Capital reserves the right to modify or change the Terms at any time and at its sole discretion. New Capital
Platform will provide notice of these changes by updating the revised Terms on the webpage
https://wallet.app/terms-and-conditions-of-use.html
and changing the “[Last revised: ]” date on this page. You
will be notified of any changes through your account or email address, therefore you have the obligation to check
your email and account regularly. Your further use of our Platform indicates your acceptance of the changed Terms.
If you do not agree to any modification to these Terms, you must immediately stop using the Platform. New Capital
encourages you to frequently review the Terms to ensure that you understand and agree with the terms and
conditions that apply to your access to, and use of, the Platform.
4. ELIGIBILITY
By registering to use a New Capital Platform Account, you represent and warrant that you:
- are at least 18 years old or of legal age to form a binding contract under applicable law;
- are an individual with full legal capacity and authority to enter into these Terms;
- have not previously been suspended or removed from using our Platform.
5. DESCRIPTION OF PLATFORM AND STATUS OF THE NEW CAPITAL EXCHANGE
New Capital is currently developing an online Digital Asset trading platform (crypto to crypto) for assets
commonly known as cryptographic tokens/coins, digital tokens or cryptographic currencies (collectively, “Digital
Assets”). New Capital does not provide fiat trading capabilities as part of the Platform. New Capital does not
provide Platform in relation to the securities (also known as security tokens) and/or other financial instruments,
and to the best knowledge, all of the Digital Assets that may be listed in New Capital Platform are not classified
to be securities or other financial instruments.
As part of its development process, New Capital is focused on building a robust exchange platform intended to
allow users to place buy and sell orders and execute trades. Currently, the Platform is in a restricted,
non-commercial testing phase, and New Capital is refining its technology and user interface in preparation for
compliance with the forthcoming Markets in Crypto-Assets Regulation (MiCAR). Users who continue to interact with
the Platform during this period are consenting to participate in focus group testing, which will provide essential
feedback to enhance the functionality and user experience of the final product.
Users who registered and deposited Digital Assets with the New Capital Platform prior to the recent legal changes
are the only ones permitted to participate further in the testing of the Platform. New registrations and new
deposits are not accepted at this time. Existing users who meet these criteria will have the ability to continue
testing the Platform by executing trades within New Capital Platform and withdrawing their Digital Assets as part
of the ongoing development and testing process.
New Capital strives to maintain the accuracy of the information posted on the Platform. However, it cannot and
does not guarantee the accuracy, suitability, reliability, completeness, performance or fitness for any purpose of
the content made available through the Platform, and will not be liable for any loss or damage that may arise
directly or indirectly from your use of such content. Information on the Platform may be subject to change without
notice, and this information is provided for the primary purpose of assisting in gathering feedback from
participants as New Capital continues to develop the Platform.
New Capital does not provide investment advice and will assume no liability for the use or interpretation of
information as presented or stated during this development phase. All users of the Platform must understand that
there are risks involved in the testing of Digital Asset trading Platform. New Capital encourages all users to
exercise prudence and engage responsibly in any testing activities, commensurate with their individual abilities,
capabilities and means.
According to the applicable laws of the Republic of Lithuania, there was no requirement for a license to be
issued by the Bank of Lithuania or any other supervisory authority to allow the development and testing of the New
Capital Platform. However, in anticipation of MiCAR, New Capital is proactively preparing to secure the necessary
licensing to operate within the EU's regulatory framework upon completion of the testing phase. Until this
licensing is obtained, New Capital will continue to operate in a restricted, non-commercial capacity, as described
above.
6. ACCEPTED DIGITAL ASSETS
New Capital is currently developing its Platform to support certain Digital Assets, which will be referenced on
the New Capital Platform during the testing phase. Only Digital Assets listed as supported by the New Capital
Platform will be viewable on the testing interface. Digital Assets that are not supported will not be accessible
or usable within the Platform.
New Capital retains the right, at its sole discretion, to determine the listing, support, transfer, storage or
trading of any Digital Asset included during the development and testing of the Platform, and may without reason
or explanation discontinue or terminate the inclusion and support of any Digital Asset at any time during this
period.
Unless otherwise required by applicable laws, the New Capital will make reasonable efforts to notify users who
were registered and deposited Digital Assets before the recent legal changes of any decision to cease the support
of Digital Asset. If the New Capital ceases to support, transfer or store a particular Digital Asset, the New
Capital will use reasonable efforts to notify you at least 10 days in advance of such an occurrence so as to
provide you with an opportunity to withdraw the affected Digital Assets from your User Account to an external
address. If you do not transfer the affected Digital Assets out of your User Account prior to the cessation of the
support for this Digital Asset by the New Capital Platform, your access to or control of this particular Digital
Asset may be lost. The New Capital will not be liable to you for any losses, liability or expenses related to its
decision to cease the support for any Digital Assets during this development and testing phase.
7. ACCOUNT REGISTRATION & REQUIREMENTS
7.1. REGISTRATION
The New Capital Platform is currently not accepting new users. Only those who registered and opened accounts
prior to the recent legal changes will be able to continue participating in the ongoing development and testing of
the Platform (each a “User”). If you are among these pre-existing users, your account (an “Account”) will be
supported during this phase.
New Capital may, at its sole discretion, refuse to continue supporting an account if it determines that the
information provided is incomplete, inaccurate, or otherwise non-compliant with the Platform's requirements.
Existing users agree to provide complete and accurate information at all times, and agree to promptly update any
information provided to New Capital so that such information is complete and accurate at all times.
7.2. USER IDENTITY VERIFICATION
For those users who registered with the New Capital Platform before the recent legal changes, identity
verification remains a crucial component of maintaining an active account. By maintaining your account, you agree
to share personal information requested for the purposes of verifying your identity as well as for any other
legitimate purposes that we deem to be necessary in connection with the ongoing development and testing of the
Platform.
Your personal information will be retained during the period that your Account is active. In the event that your
Account is cancelled or terminated, your personal information will be retained for an additional period as deemed
necessary so as to enable New Capital to meet its legal obligations under applicable laws or regulations, such as
financial regulations, KYC and AML regulations, as well as to meet any contractual obligations. In addition, New
Capital, at its own discretion, may retain such personal information for an extended period, provided that
retaining such information is strictly necessary for its legitimate interests, such as fraud prevention and record
keeping, enforcing its policies, resolving or exercising claims regarding potential disputes, and where New
Capital is guided to do so by the applicable regulatory authority.
The identity verification information that we request may include, but is not limited to, your name, email
address, contact information, telephone number, username, government-issued ID or passport, residential address,
date of birth and any other information collected at the time of your account registration and as required at a
later date. In providing this information, you confirm that it is accurate and authentic. By maintaining your
account, you must guarantee that the information is truthful, complete and updated in a timely manner with any
changes. If we have any reasonable belief that information you have provided is incorrect, untruthful, outdated or
incomplete, New Capital reserves the right to send you a notice to demand corrections, remove relevant account
information directly or, at our sole discretion, terminate or limit your participation in the testing of the
Platform. You shall be exclusively and entirely responsible for any losses or expenses incurred due to the
provision of incorrect or outdated contact information or if you fail to respond to our requirements in a timely
manner. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date
if there are any changes.
By continuing to use your account under these terms you hereby authorize New Capital to make inquiries, whether
directly or through third parties, that we consider necessary to verify your identity or to protect you and/or New
Capital against fraud or other financial crimes. In addition, you expressly permit New Capital to take action that
we reasonably deem necessary based on the result of such inquiries. You also acknowledge and agree that your
personal information may be disclosed to fraud prevention or financial crime agencies, and that these agencies may
respond to our inquiries in full.
7.3. ACCOUNT USAGE REQUIREMENTS
Accounts can only be used by the person whose name they are registered under. New Capital reserves the right to
suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered
under. This is particularly important during the current testing phase, where account integrity is crucial for
accurate and effective Platform development. You shall immediately notify New Capital if you suspect or become
aware of an unauthorized use of your Account. Failure to do so could compromise the security of your Account and
the overall testing process. New Capital will not be liable for any loss or damage arising from any use of your
Account by you or by any third party (whether or not authorized by you).
7.4. ACCOUNT SECURITY
New Capital strives to maintain the safety of those user’s Digital Assets entrusted to us and has implemented
industry standard protections for the Platform. However, there are risks that are created by individual User
actions and activities.
You agree to consider your access credentials, including 2FA or any other authentication procedures, as
confidential information and not to disclose such information to any third party.
You also agree that you alone are responsible for taking the necessary safety precautions to protect your own
Account and personal information.
You shall be solely responsible for the safekeeping of your New Capital Platform Account access credentials, and
you shall be responsible for all activities performed in your Account. New Capital will not be responsible for any
loss or consequences of authorized or unauthorized use of your Account credentials, including but not limited to
unprofitable trades, information disclosure, information posting, consent to or submission of various rules and
agreements by clicking on the website, online renewal of agreements, etc.
By continuing to use your Account, you hereby agree that:
- you will notify New Capital immediately if you are aware of any unauthorized use of your New Capital Platform
Account by any person, or any other violations of the security rules or recommendations;
- you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism and procedures
of the website/Service; and
- you will log out from the website by taking the proper steps at the end of every visit.
8. GUIDELINES FOR USAGE OF THE PLATFORM
8.1. LICENSE
Subject to your continued compliance with the express terms and conditions of these Terms, New Capital provides
to you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to
access and use the Platform during its development and testing phase on your computer or other Internet-compatible
device for your personal, non-commercial use only. You are not permitted to use the Platform for any resale or
commercial purpose, including to place trades or perform any transactions on behalf of another person or entity.
All such use is expressly prohibited and shall constitute a material violation of these Terms. The content layout,
formatting, and features of and access privileges for the Platform shall be as specified by New Capital, at its
sole discretion. All rights not expressly granted under these Terms are hereby reserved. Accordingly, you are
hereby prohibited from using the Platform in any manner that is not expressly and unambiguously authorized by
these Terms.
You hereby agree that New Capital transfers no ownership or intellectual property interest or title in and to the
Platform or any New Capital intellectual property to you or anyone else in connection with your participation in
the testing phase. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer
code (including HTML code), programs, software, products, information, and documentation as well as the design,
structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or
available through the Platform are exclusively owned, controlled, and/or licensed by New Capital or its members,
parent(s), licensors, or affiliates.
New Capital will own any feedback, suggestions, ideas, or other information or materials regarding the New
Capital Platform that you may provide, whether by email, through the Platform or otherwise (collectively,
“Feedback”). You hereby assign to New Capital all rights, title and interest to any Feedback, together with all
associated intellectual property rights. You will not be entitled to, and hereby waive any claim for,
acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
8.2. RESTRICTIONS
When participating in the development and testing of the New Capital Platform you agree and covenant to observe
the following:
- All the activities that you carry out during the use of the Platform will be in compliance with the
requirements of all applicable laws, regulations, as well as the various guidelines of New Capital;
- Your participation in the testing phase will not be in violation of public interests, public ethics or other’s
legitimate interests, including taking any action that would interfere with, disrupt, negatively affect, or
inhibit other Users from participating in the testing process.;
- You agree not to engage in market manipulation (such as pump-and-dump schemes, wash trading, self-trading,
front running, quote stuffing, and spoofing or layering, regardless of whether or not such practices are
prohibited by law).
The following commercial uses of New Capital Platform data is prohibited unless express written consent from New
Capital is granted:
- Exchange services that use quotes or order book information from the New Capital Platform;
- Data feed or data stream services that make use of any market data from the New Capital Platform;
- Any other websites/apps/services that charge for, or otherwise commercially monetize (including through
advertising or referral fees), market data obtained from the New Capital Platform.
You may not:
- use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm,
or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of
the properties or in any way reproduce or circumvent the navigational structure or presentation of the Platform
to obtain or attempt to obtain any materials, documents or information through any means not purposely made
available through the Platform;
- attempt to gain unauthorized access to any portion or feature of the properties or any other systems or
networks connected to the Platform, or to any New Capital server or to any of the services offered on or through
the Platform, by hacking, password "mining," or any other illegitimate or prohibited means;
- probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the
security or authentication measures of the Platform or any network connected to the Platform;
- reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the
Platform or New Capital’s systems or networks, or any systems or networks connected to the Platform;
- use any device, software, or routine to interfere with the proper working of the Platform or any transaction
conducted on the Platform, or with any other person's participation in the testing phase;
- forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or
the origin of any message or transmittal you may send to the Platform, or
- use the Platform in an unlawful manner.
By accessing the Platform during the testing phase, you agree that New Capital shall have the right to
investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take
actions to apply relevant rules and remedies without receiving your consent or giving prior notice to you.
Examples of such actions include, but are not limited to:
- blocking and closing order requests;
- freezing your account;
- reporting the incident/s to the relevant authorities;
- publishing the alleged violations and actions that have been taken;
- deleting any information published by you that we deem to be in violation of these Terms.
9. ORDERS AND SERVICE FEES
9.1. ORDERS
Upon placing an instruction to effect a trade during the testing phase of the Platform (an “Order”), your Account
will be updated to reflect the open Order, and your Order will be included in the New Capital Platform’s order
book for matching with Orders from other Users participating in the testing. If all or a portion of your Order is
matched with another User, the Platform will simulate an exchange (a “Trade”) as part of the testing process. Upon
execution of a simulated Trade, your Account will be updated to reflect that the Order has either been closed due
to having been fully executed, or updated to reflect any partial fulfillment of that Order. Orders will remain
open until fully executed or cancelled in accordance with subsection 9.2. below. For the purposes of simulating a
Trade, you authorize New Capital to take temporary control of the Digital Assets that you are disposing of in the
Trade.
9.2. CANCELLATIONS
You may only cancel an order initiated during the testing phase of the Platform if such a cancellation occurs
before your Order has been matched with an Order from another User participating in the testing. Once your Order
has been matched with an Order from another user, you may not change, withdraw, or cancel your authorization for
New Capital to simulate the completion such an Order. If any order has been partially matched, you may cancel the
unmatched portion of the Order, unless the unmatched portion has been matched. New Capital reserves the right to
refuse any cancellation request associated with an Order after you have submitted such Order. If you have an
insufficient amount of Digital Assets in your Account to to simulate an Order, New Capital may cancel the entire
Order or may simulate a partial Order that can be covered by the Digital Assets currently available in your
Account (in each case, after deducting any applicable testing fees payable to New Capital).
9.3. FEES
The fees associated with participating in the testing phase of our Platformare listed on our “Fees Pages”:
https://docs.new.capital/community-exchange-fee-schedule.
Please note that these fees are part of the testing
environment and may be adjusted as necessary to reflect the ongoing development of the Platform. We reserve the
right to change our fees at any time without prior notice.
10. LIABILITY
10.1. DISCLAIMER OF WARRANTIES
The Platform, the New Capital Platform materials and any product, service or other item provided by or on behalf
of New Capital during the testing phase are provided on an “as is” and “as available” basis. New Capital expressly
disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without
limitation, implied 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, New Capital does not represent or warrant that the site, the tested Platform or
any New Capital Platform materials are accurate, complete, reliable, current, error-free, or free of viruses or
other harmful components.
New Capital does not guarantee that any simulated order will be executed, accepted, recorded or remain open
during the testing phase. Except for the express statements set forth in this agreement, you hereby acknowledge
and agree that you have not relied upon any other statement or understanding, whether written or oral, with
respect to your participation in the testing and access to the Platform.
Without limiting the foregoing, you hereby understand and agree that New Capital will not be liable for any
losses or damages arising out of or relating to:
- a failure of the Platform to process a simulated Order or to execute a Trade;
- any inaccuracy, defect or omission of Digital Asset price data during the testing phase;
- any error or delay in the transmission of such data;
- interruption in any such data; and
- any damages incurred by another user’s actions, omissions or violation of this agreement.
The disclaimer of 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.
10.2. DISCLAIMER OF DAMAGES AND LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will New Capital, its affiliates and their
respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, advisors,
suppliers or contractors be liable for any damages, direct and indirect, including incidental, special, punitive,
consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of
data, information, revenue, profits or other business or financial benefit) arising out of or in connection with
the testing of the Platform, any performance or non-performance during the testing phase, or any other product,
service or other item provided by or on behalf of New Capital and its affiliates, whether under contract, statute,
strict liability or other theory, except to the extent of a final judicial determination that such damages were a
result of New Capital’s gross negligence, fraud, willful misconduct or intentional violation of law. You hereby
irrevocably waive, release and discharge any and all claims, whether known or unknown to You, against New Capital
and other persons mentioned herein-before.
Notwithstanding the foregoing, in no event will the liability of New Capital, its affiliates and their respective
shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or
contractors arising out of or in connection the testing phase, any performance or non-performance during testing,
or any other product, service or other item provided by or on behalf of New Capital or its affiliates whether
under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to New
Capital under this agreement in the twelve-month period immediately preceding the event giving rise to the claim
for liability.
10.3. INDEMNIFICATION
You agree to indemnify and hold harmless New Capital, its 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:
- your use of, or conduct in connection with the testing of the Platform,
- your breach or our enforcement of these Terms, or
- your violation of any applicable law, regulation, or rights of any third party during your participation in
the testing of the Platform.
11. ANNOUNCEMENTS
Please be aware that all official announcements, news, promotions, recommendations, competitions and airdrops
will be listed at https://discord.gg/bcJ6qZc. We urge all users to refer
to our online communications regularly.
New Capital will not be held liable or responsible in any manner of compensation should users incur any losses
whatsoever arising from inaccuracies contained within the New Capital communications, or due to the user’s
negligence in frequently reviewing these communications.
12. ACTIONS IN RESPECT OF YOUR ACCOUNT
You agree that New Capital shall have the right to immediately suspend your Account, freeze or lock the Digital
Assets in all such accounts, halt the execution of any Orders, and suspend your access to New Capital Platform
during the testing phase for any reason including if it suspects any such accounts to be in violation of these
Terms, our Privacy Policy, or any applicable laws and regulations. You agree that New Capital shall not be liable
to you for any permanent or temporary modification, suspension or termination of your Account or access to all or
any portion of the Platform during this testing phase. New Capital shall have the right to keep and use the
transaction data or other information related to such accounts. The above Account controls may also be applied in
the following cases:
- The Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
- We detect unusual activity in the Account;
- We detect unauthorized access to the Account;
- We are required to do so by a court order or command by a regulatory or government authority.
In case of any of the following events, New Capital shall have the right to directly terminate this agreement by
cancelling your Account, and shall have the right to permanently freeze (cancel) any access to your Account on the
New Capital Platform:
- after New Capital terminates services to you;
- you allegedly directly or indirectly register in your own or any other person’s name as a New Capital Platform
user after New Capital has previously terminated your Account;
- the information that you have provided is untruthful, inaccurate, outdated or incomplete;
- when these Terms are amended, and you expressly state and notify New Capital of your unwillingness to accept
the amended Terms;
- you request that the services be terminated; and
- any other circumstances where New Capital deems it should terminate the services.
Should your Account be terminated, the Account and transactional information required for meeting data retention
standards will be securely stored for an appropriate period as deemed necessary for New Capital’s legitimate
interests. In addition, if a transaction is incomplete during the Account termination process, New Capital shall
have the right to notify your counterparty of the situation at that time. You acknowledge that a user initiated
Account exit (the right to erasure under GDPR or other equivalent regulation) will also be subject to the
termination protocol stated above.
If New Capital receives notice that any Digital Assets held in your Account are alleged to have been stolen or
are otherwise not lawfully possessed by you, New Capital may, but has no obligation to, place an administrative
hold on the affected Digital Assets and your Account. If New Capital does place an administrative hold on your
Account or some or all of your Digital Assets, New Capital may continue such a hold until such time as the dispute
has been resolved and evidence of the resolution acceptable to New Capital has been provided to New Capital in a
form that is acceptable to New Capital. You agree that New Capital will assume no liability or responsibility for
any such hold, or for your inability to withdraw Digital Assets or execute trades during the period of any such
hold.
12.1. REMAINING DIGITAL ASSETS AFTER ACCOUNT TERMINATION
Except as set forth in subsection 12.2. below, once the Account is closed/withdrawn, all remaining balances
(which includes charges and liabilities owed to New Capital) on the Account will be payable immediately to New
Capital. Upon payment of all outstanding charges to New Capital (if any), the User will have 5 business days to
withdraw all Digital Assets from the Account.
12.2. REMAINING DIGITAL ASSETS AFTER ACCOUNT TERMINATION DUE TO FRAUD, VIOLATION OF LAW, OR VIOLATION OF THESE
TERMS
New Capital maintains full custody of the Digital Assets and User data/information which may be provided to
governmental authorities in the event of an Account suspension/closure arising from fraud investigations,
investigations regarding law violations, or violation of these Terms. Digital Assets held in custody by New
Capital may be released to the Account holder if it is established that no fraud or violation of the law has
occurred.
13. NO FINANCIAL ADVICE
New Capital is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation
to you in connection with any simulated trades or other decisions or activities affected by you during the testing
phase of the Platform. You are participating in the testing and simulatingtrades at your own risk.
No communication or information provided to you by New Capital is intended as, or shall be considered or
construed as investment advice, financial advice, trading advice, or any other form of advice.
All simulated trades are executed automatically, based on the parameters set by You in your order instructions
and in accordance with posted trade execution procedures, and you are solely responsible for determining whether
any investment, investment strategy or related transaction is appropriate for you based on your personal
investment objectives, financial circumstances and risk tolerance.
You should consult your legal or tax professional regarding your specific situation. New Capital does not
recommend that any Digital Assets should be bought, earned, sold or held by you. Before making the decision to
buy, sell or hold any Digital Assets, you should conduct your own due diligence and consult your financial
advisors.
New Capital will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on
the information provided by New Capital during this testing phase.
14. COMPLIANCE WITH ANTI MONEY LAUNDERING/COMBATING THE FINANCING OF TERRORISM (AML/CFT)
Money laundering is defined as the process where the identity of the proceeds of crime is so disguised that it
gives an impression of legitimate income. Criminals specifically target financial services firms through which
they attempt to launder criminal proceeds without the firm's knowledge or suspicion. In response to the scale and
effect of money laundering, the European Union has passed directives designed to combat money laundering and
terrorism. These directives, together with regulations, rules and industry guidance, form the cornerstone of our
AML/CTF obligations and outline the offenses and penalties for failing to comply.
New Capital, as an entity under development, is committed to meeting the AML/CTF obligations. The management of
New Capital are developing systems and procedures that meet the standards set forth by the European Union.
New Capital desires to prevent money laundering and endeavours to prevent our Platform, even during its testing
phase, from being used by criminals to launder the proceeds of crime.
The New Capital AML Policy is designed to prevent money laundering by meeting the European standards on combating
money laundering and terrorism financing, including the need to have adequate systems and controls in place to
mitigate the risk of the firm being used to facilitate financial crimes.
The Platform prohibits transactions with individuals, companies that are on prescribed sanctions lists, and New
Capital will therefore screen all relevant sanctions and warning lists. By participating in the testing phase and
accessing the Platform,, you represent and warrant that you are not on any trade or economic sanctions lists.
New Capital, at its sole discretion, may accept or reject Digital Assets transferred to your Account from
services known as mixers, tumblers or CoinJoin. Transactions to your Account originating from these services may
be suspended and your Account might be frozen pending further investigation.
15. RISK WARNING
As with any asset, the value of Digital Assets may fluctuate and there is a substantial risk that you will
lose money buying, selling, holding or investing in Digital Assets. By By participating in the testing phase you
acknowledge and agree that:
- you are aware of the risks associated with transacting in Digital Assets;
- that you assume all risks related to your participation in the testing phase and any simulated trading
in Digital Assets, and
- New Capital is not responsible or liable for any such risks or adverse outcomes.
These risks include but are not limited to the failure of hardware, software or Internet connections, the
risk of malicious software instruction and the risk of unauthorized access to your Account. It is your
responsibility to familiarize yourself with the risks involved with Digital Assets, their protocols and networks.
Participation in the testing phasedoes not remove these risks. New Capital is not responsible for any
communication failures, disruptions, errors, distortions or delays when using the Platform, however they may be
caused.
You acknowledge and agree that the value of Digital Assets can change rapidly and without warning,
increase or decrease unexpectedly, and may even fall to zero.
16. COMPLIANCE WITH LOCAL LAWS
It is the responsibility of the User to abide by local laws in relation to the legal usage of the New Capital
Platform in their local jurisdiction. Users must also factor, to the extent of their local laws, all aspects of
taxation, including the withholding and collection of any taxable amounts, and the required reporting and
remittance to their appropriate tax authorities.
All Users of the New Capital Platform acknowledge and declare that their Digital Assets derive from legitimate
sources, and are not the proceeds of illegal activities.
17. UNCLAIMED PROPERTY
If your User Account has been inactive and You have not responded to reasonable attempts by New Capital to
contact You for a period of more than 6 months, New Capital may have an obligation by applicable law to report any
Digital Assets in your User Account as unclaimed property. If this happens, New Capital will attempt to contact
You using the contact information provided by You. If You do not respond, New Capital may be required to deliver
any Digital Assets to the authorities in a specified jurisdiction as unclaimed property. New Capital reserves the
right to deduct any fees payable to the New Capital Platform prior to the delivery of those Digital Assets to the
authorities. Additionally, in such a case, New Capital may close your User Account.
18. TAXES
All Users are solely responsible for compliance with the local tax laws applicable in their jurisdiction. Buying
and/or selling Digital Assets may have tax consequences under your taxation local laws. We recommend that you take
legal advice before transacting in Digital Assets.
19. PRIVACY POLICY
Access to the Platform will require the submission of certain personally identifiable information. Please review
New Capital Platform’s Privacy Policy found at
https://wallet.app/privacy-notice.html for a summary of New
Capital’s practices related to the collection and use of personally identifiable information.
20. RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER, GOVERNING LAW
20.1. NOTIFICATION OF DISPUTE
Please contact New Capital first before initiating any legal actions, as New Capital wishes to address your
concerns without resorting to formal legal proceedings. Prior to filing any legal claims, you agree to attempt to
resolve disputes informally by contacting New Capital first through email: exchange at new dot capital.
20.2. AGREEMENT TO ARBITRATE
Any dispute, arising out of or relating to this Agreement (including any questions regarding the existence,
validity or termination of any services or products provided during the testing phase, and any representations
made by New Capital), shall be finally settled by arbitration in the Vilnius Court of Commercial Arbitration (in
the Republic of Lithuania) in accordance with its Rules of Arbitration. You agree to provide New Capital with the
opportunity to resolve any claims by contacting us as set forth in subsection 20.1. above. If we are not able to
resolve your claims within 60 days of receiving the notice, you may seek relief through the Vilnius Court of
Commercial Arbitration, in the Republic of Lithuania.
21. MISCELLANEOUS:
21.1. INDEPENDENT PARTIES
New Capital is an independent contractor and not an agent of You in the performance of these Terms. These Terms
are not to be interpreted as evidence of an association, joint venture, partnership or franchise between the
parties.
21.2. ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties regarding participation in the testing phase of
the Platform and will supersede all prior agreements between the parties whether, written or oral. No usage of
trade or other regular practice or method of dealing between the parties will be used to modify, interpret,
supplement or alter the terms of these Terms.
21.3. FORCE MAJEURE
New Capital will not be liable for any delay or failure to perform as required by these Terms because of any
cause or condition beyond New Capital’s reasonable control.
21.4. SEVERABILITY
If any portion of these Terms are held invalid or unenforceable, such invalidity or enforceability will not
affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or
unenforceable portion will be given effect to the greatest extent possible.
21.5. ASSIGNMENT
You may not assign or transfer any right to participate in the testing phase of the Platformor any of your rights
or obligations under these Terms without prior written consent from us, including by operation of law or in
connection with any change of control. New Capital may assign or transfer any or all of its rights or obligations
under these Terms, in whole or in part, without notice and without obtaining your consent or approval.
21.6. WAIVER
The failure of a party to require performance of any provision will not affect that party’s right to require
performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of
these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
21.7. THIRD-PARTY WEBSITE DISCLAIMER
Any links to third-party websites from the Platform does not imply endorsement by New Capital of any products,
services or information presented therein, nor does New Capital guarantee the accuracy of the information
contained on them. In addition, since New Capital has no control over the terms of use or privacy practices of
third-party websites, you should read and understand those policies carefully.
21.8. CONTACT INFORMATION
For more information regarding the New Capital Platform, you can refer to the website
https://new.capital. If
you have questions regarding this agreement, please feel free to contact New Capital for clarification via email:
exchange at new dot capital or https://discord.gg/bcJ6qZc.
I HEREBY CONFIRM THAT I HAVE READ THE WHOLE TEXT OF THESE TERMS, I FULLY UNDERSTAND THESE TERMS, HAVE NO
OBJECTIONS, AND AGREE TO COMPLY WITH THESE TERMS IN ALL THEIR ASPECTS..
