User may open a User Account subject to the following conditions:
In addition to the terms contained herein, Users shall be bound by the terms of Xpesa's Anti-Money Laundering Rulesand Regulations ("AML Rules"). By virtue of using any part of the Xpesa services, and/or by virtue of accepting and entering into this Agreement, Users are deemed to have accepted, and to have agreed to comply at all times withthe AML Rules. Only Users complying with the following Know Your Customers ("KYC") procedures, as well as all terms and procedures contained in the AML Rules, would be permitted to avail the Xpesa services:
The participation by the User in the exchange platform does not in any way constitute any gambling, betting, wager, speculation, lottery, raffle, sweepstakes, etc. in any form whatsoever. There has been no collection of any money, cash or other valuable thing from the User by Xpesa for any such purpose. Xpesa only charges a fee from its Users for the services of providing the trading platform. The Fee Schedule is subject to change from time to time at the sole discretion of Xpesa.
The registrations are open to African citizens who are eighteen (18) years of age or older at the time of registration and are of sound mind and able to enter into legally enforceable contracts.
The User hereby expressly acknowledges and agrees that the User has initiated the act of registering on Xpesa entirely of his/her own free will and Xpesa has not caused, induced, urged, prompted, instigated, drawn, compelled, persuaded or engendered the User to open an Account and trade in Virtual Currencies in any manner or form.
In case of any grievance or complaints with the platform or its performance, the User can contact Xpesa at [email protected] . Once a complaint has been received, all endeavors will be made to address the complaint as soon as possible.
No omission or delay on the part of Xpesa in enforcing any of its rights or powers hereunder shall be deemed to constitute a waiver of any of Xpesa's rights to exercise such rights and powers and, in any event, shall not constitute or be construed as a continuing waiver.
This Agreement or any rights or obligations hereunder shall not be assigned by the service provider to any third party without the prior written consent of the Customer. The Customer may assign all or any of his rights without prior intimation or approval of the Service Provider to any third Party.
This Agreement shall bind and inure to the benefit of the parties, and their respective successors and permitted assigns.
No provision of this Agreement may be waived or changed except by a writing signed by the party against whom such waiver is sought to be enforced. The failure or omission by either party at any time to enforce or require strict or timely compliance to any provision of this Agreement shall not affect or impair that provision or any other provision in any way or the rights of such party hereof, to avail itself of the remedies it may have in respect of any subsequent breach of that or any other provision.
None of the provisions of this Agreement shall be deemed to constitute a partnership between the parties hereto and no party shall have any authority to bind or shall be deemed to be the agent of the other(s) in any way. User shall not misrepresent or mislead or induce any person to avail of Xpesa services or to invest in any crypto currency.