Account Communication

Account Review and Acknowledgment

It is important for you to understand that it is your sole responsibility to review your Transaction History and any notices. You also understand that for the purposes of review and acknowledgment, you agree to be deemed to have reviewed your Transaction History and all notices on at least a monthly basis. If for any reason you are unable to do so, or you do not receive our communications, it is your responsibility email and notify us immediately.

You understand that every communication sent to your email on record will be deemed to have been acknowledged as correct, approved, and confirmed by you unless we have received Written Notice to the contrary within three (3) calendar days from the date the communication was sent.

We retain the right to make changes or adjustments to your Fiat Account and/or Crypto Account as necessary and appropriate, and in our sole discretion, to comply with any Applicable Laws and Regulations or to ensure market integrity.

Account Suspension

You agree and understand that we have the right to immediately

1. Suspend your account and all accounts beneficially owned by you and any related Account,
2. Freeze/lock the funds and assets in all such accounts, and
3. Suspend your access to Apex,

until a determination has been made, if we suspect, in our sole discretion, you and/or any such accounts to be in violation of:

• Any provision of this Terms of Use;
• Any Applicable Laws or Regulations;
• Our KYC/AML Program; or
• Our Exchange Conduct Rules, at any time since the opening of such account.

You further agree and understand that we have the right to immediately

1. Suspend your account and any Related Account,
2. Freeze/lock the funds and assets in all such accounts and seek to recover additional funds in the event that the funds and assets in your accounts are insufficient to cover Apex’s losses, and
3. Suspend your access to Apex until a determination has been made, if:

• We are required to do so by a regulatory authority, court order, valid subpoena, or binding order of a government authority;
• The account is, or is related to any account that is, subject to any pending litigation, investigation, or governmental proceeding;
• The account has a negative balance for any reason;
• The account has a balance that needs to be reconciled for any reason;
• We believe someone is attempting to gain unauthorized access to the account;
• We believe there is unusual activity in the account;
• We believe your account was used to send or receive a ransomware payment;
• We believe you are using Apex, your login credentials, or other account information in an unauthorized or inappropriate manner;
• The account is being accessed from a jurisdiction where we do not offer Apex services; or The account has not been accessed for more than five (5) years.

If your account has been suspended, you will be notified when accessing Apex. We may, in our sole discretion, give Written Notice that your account has been suspended and may, in our sole discretion, disclose the reasons for suspension, if permitted to do so by law.

Apex Exchange

We operate an exchange (“Exchange”) that facilitates the buying and selling of cryptocurrencies and gift cards. You can Deposit cryptocurrency and fiat currency (crypto or fiat deposit), swap cryptocurrencies (from cryptocurrencies to fiat and vice versa). You can also use crypto/fiat to buy gift cards, conduct withdrawals of the fiat/crypto, sell gift cards, and even make bill payments with selected third party/platforms.

You agree to pay all fees associated with or incurred by your use of Apex and understand that all fees will be debited from the applicable Apex Account and all proceeds will be credited to the applicable Apex Account. All Exchange trading activity is “off-chain” and not broadcast to a given blockchain.

Your Cryptocurrencies

We custody your cryptocurrencies in trust on your behalf. Apex custodies your cryptocurrencies in a Depository Account controlled and secured by Apex; the balances of which are reflected in the cryptocurrency Account of your Apex Account. You agree and understand that your acceptance of this Terms of Use is considered to be your acceptance of the custodial arrangement.

Cryptocurrencies custodied on your behalf and reflected in the Crypto Account of your Apex Account are not treated as general assets of Apex.

Your Fiat Currency

• Deposits and Withdrawals

  We email you receipt confirmation for all deposits and withdrawals.

• Fiat Currency Deposits

  Fiat Naira Deposits from Non-Matching Accounts

• Policy Overview:

  Fiat Naira deposits to the Apex wallet originating from accounts not matching the user's verified KYC information will not be credited to the customer's Apex wallet.

• Deposit Reversal:

  In instances where deposits do not match the verified KYC information, or the names on the accounts do not correspond, such deposits will not reflect in the customer's Apex wallet. Apex Web Network Limited reserves the right to reverse these deposits to the originating account within a period of Three (3) to Seven (7) business days.

• User Responsibility:

  Users are responsible for ensuring that all fiat Naira deposits are made from accounts that match the user's verified KYC information to facilitate seamless and secure transactions.

• Communication:

  Apex Network Limited will notify users of any unsuccessful deposits promptly, providing reasons for non-crediting and details on the reversal process.

Minimum Deposit Requirements for Cryptocurrency Exchange

• Minimum Deposit Policy:

  Apex Network Limited enforces a minimum deposit requirement for various cryptocurrency exchanges to ensure the efficient processing and maintenance of user accounts.

• Display of Minimum Deposit Values

  Prior to making any cryptocurrency deposit, users will be presented with the minimum deposit values for each respective cryptocurrency. This information will be prominently displayed in the user interface.

• Non-Reflective Deposits Below Threshold:

  Cryptocurrency deposits falling below the specified minimum deposit threshold will not be reflected in the user's Apex wallet.

• User Acknowledgment:

  Users acknowledge and agree that it is their responsibility to be aware of and adhere to the minimum deposit requirements for each cryptocurrency exchange on the platform.

• Amendments to Minimum Deposit Values:

  Apex Network Limited reserves the right to adjust the minimum deposit values for cryptocurrency exchanges. Users will be duly notified of any changes, and such modifications will be effective upon notification.

• User Communication:

  Apex Network Limited will provide clear communication regarding any unsuccessful deposits due to falling below the minimum threshold, offering transparency in the transaction process.

Fiat Currency Withdrawals

Fiat currency withdrawals are only permitted to User Bank Accounts. Your initiation of a fiat currency withdrawal using your User Account login credentials and other required forms of authentication, when applicable, will be deemed to be your authorization for Apex to execute any such withdrawal.

Transfer Fee Schedule Disclosure and Modification Clause:

By utilizing our services on the Apex Web Network Limited website and application, you acknowledge and agree to the following terms regarding transfer fees:

• 1. Fee Disclosure

  Before completing any transaction, the applicable transfer fees will be clearly presented to you during the transaction process. You have the opportunity to review and accept these fees before finalizing the transaction. The disclosed fees cover the cost of processing and facilitating the transfer of funds.

• 2. Right to Modify Fees:

  Apex Web Network Limited reserves the right, at its sole discretion, to change, modify, or increase the Transfer Fee Schedule at any time without prior notice. Changes to the fee schedule will be effective immediately uploading the same. It is your responsibility to review the Transfer Fee Schedule regularly to stay informed about any updates.

• 3. Notification of Changes:

  In the event of modifications to the Transfer Fee Schedule, we may, at our discretion, provide notification through email, website announcements, or other means as deemed appropriate. Your continued use of our services after such modifications constitute your acceptance of the updated Transfer Fee Schedule.

• 4. Review and Acceptance:

  Before confirming any transaction, you have the opportunity to review the updated Transfer Fees. By proceeding with the transaction, you implicitly accept any changes or modifications to the fees as outlined in the updated Transfer Fee Schedule. It is your responsibility to review any transaction for any updates or changes to the Transfer Fee Schedule. Failure to review and accept the current Transfer Fee Schedule does not exempt you from the obligation to pay the applicable fees for the services rendered.

You also agree and understand that your acceptance of this Terms of Use is considered to be your acceptance of our Transfer Fee Schedule. Due to natural and frequent fluctuations in network and gas fees, any change to our Transfer Fee Schedule that involves fiat transfer fees or crypto deposit fees will be posted for at least three (3) calendar days before such change takes effect and no change will be in effect for less than thirty (30) calendar days.

Any changes to our dynamic crypto withdrawal fees will not be posted for at least three calendar days before it takes effect and the change will not be in effect for at least 30 calendar days. You agree and understand that dynamic crypto withdrawal fees will instead be determined by the then current network, gas, or similar fee corresponding to your selected crypto and will be displayed to you prior to the initiation of your withdrawal. Dynamic crypto withdrawal fees change often and are effective immediately. Please review the fee before initiating your crypto withdrawal.

You further agree and understand that by logging into your account and/or authenticating to our API with your API key and using Apex following any change to our Transfer Fee Schedule, you are agreeing to accept our new Transfer Fee Schedule.

Digital Asset Networks

You understand that we do not own or control the underlying software protocols of Digital Asset Networks which govern the operation of Digital Assets. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. You agree and understand that: (i) we are not responsible for the operation of the underlying protocols, and (ii) we make no guarantees regarding their security, functionality, or availability.

Privacy of Information

You agree that the information contained in your User Account and Apex Account is only for you and that you will not cause others to access or rely upon it (other than your tax advisor or attorney, or as otherwise prescribed by law) without our prior Written Consent. We agree that we will keep such information confidential, subject to the following paragraph. You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Apex’s Privacy Notice, which is incorporated into this Terms of Use by reference.

Recording and Recordkeeping

You agree and understand that for our mutual protection we may electronically record any telephone conversation we have with you. You also agree and understand that we maintain and retain records of all information, activities, and communications relating to your User account.

Referral Program

Our referral program allows existing users ("Referrers") of Apex Web Network Limited's platform to earn bonuses by referring new users ("Referees") who sign up using their unique referral codes. To participate in the referral program, both Referrers and Referees must agree to the following terms:

Referral Code Usage:

Referrers are provided with unique referral codes, which they can share with potential Referees. When new users sign up using a Referrer's referral code, both the Referrer and Referee become eligible for bonuses, subject to the conditions outlined below.

Referral Bonus Eligibility:

To qualify for a bonus, Referrers must ensure that Referees fulfill the following criteria:

a. Referees must create a new account on Apex Web Network Limited's platform using the Referrer's referral code.

b. Referees must fund their newly created account.

c. Referees must conduct transactions on their account

Referral Bonus Disbursement:

Bonuses will be credited to the Referrer's account once the Referee meets all eligibility criteria. The specific bonus amount and terms may vary and will be communicated to Referrers separately.

Referral Confirmation Process:

Referrers are responsible for confirming the identity of Referees who sign up using their referral codes. The company may also conduct due diligence to ensure that the same user does not use their own referral code to receive bonuses.

Referral Compliance:

Referrers and Referees must comply with all applicable laws and regulations while participating in the referral program. Any violation of these terms may result in disqualification from the program and forfeiture of any bonuses.

Referral Modification and Termination:

Apex Web Network Limited reserves the right to modify or terminate the referral program at any time without prior notice. Decisions regarding bonus eligibility and issuance are at the sole discretion of Apex Web Network Limited and are final.

Referral Agreement:

Participation in the referral program constitutes acceptance of these terms and any additional terms and conditions communicated by Apex Web Network Limited. Referrers and Referees agree to abide by these terms and acknowledge that failure to comply may result in the loss of eligibility for bonuses.

By participating in our referral program, you acknowledge that you have read, understood, and agreed to these terms. If you do not agree with any part of these terms, you should not participate in the referral program.

Account, Apex Account, and use of Apex.

Code of Conduct

We work hard to make Apex safe, secure, and compliant. To that end, we expect that you treat our employees, including our Customer Support Team, as you would like to be treated yourself: with respect. Any use of inappropriate or abusive language towards any of our employees is strictly prohibited. Examples include, but are not limited to, verbal threats, harassment, aggressive comments, or behavior that is disrespectful. This type of behavior is a direct violation of our Code of Conduct and this Terms of Use. If you engage in this type of behavior, we will politely ask you to stop. If you continue to engage in this type of behavior, we will terminate your account.

Proprietary Rights and Limitations on Use

Apex is our proprietary platform. Apex is protected by copyright and other intellectual property laws. You agree and understand not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store Apex source code or similar proprietary or confidential data or other similar information provided via Apex, without our express prior written consent. You may not use Apex for any unlawful purpose.

Apex and the Apex logo (whether registered or unregistered) (the “Apex Marks”) are proprietary marks licensed to Apex and protected by applicable trademark laws. Nothing contained in this Terms of Use should be construed as granting any license or right to use any of the Apex Marks displayed here without our express written consent. Any unauthorized use of the Apex Marks is strictly prohibited.

Also, you may not use any of the Apex Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any investment products (e.g., Digital Assets, fiat currency, securities, commodities, investment or trading products, derivatives, structured products, investment funds, investment portfolios, commodity pools, swaps, securitizations or synthetic products, etc.), including where the price, return, and/or performance of the investment product is based on, derived from, or related to Apex or any portion thereof, without a separate written agreement with us.

Service Modifications

You agree and understand that we may modify part of or all of Apex without notice.

Downtime and Maintenance

You agree and understand that part of or all of Apex may be periodically unavailable during scheduled maintenance or unscheduled downtime (collectively, “Downtime”). We will provide written notice in advance of scheduled downtimes.

You agree and understand that Apex is not liable or responsible to you for any inconvenience or damage to you as a result of Downtime. Following Downtime, when services resume, you understand that market conditions and prices may differ significantly from the market conditions and prices prior to such Downtime.

Risks

Please note the following risks in accessing or using Apex:

• The risk of loss in trading Digital Assets may be substantial and losses may occur over a short period of time;
• The price and liquidity of Digital Assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future;
• Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Digital Assets;
• In your jurisdiction, Apex may not be regulated as a financial institution;
• Deposits into your Digital Asset Account and your Fiat Account may not be considered deposits under the applicable laws, rules, or regulations in your jurisdiction;
• Fiat currency in the Fiat Account of your Apex Account may not be subject to applicable deposit insurance protection;
• Digital Assets in the Digital Asset Account of your Apex Account may not be subject to deposit insurance protection;
• Digital Assets are not legal tender and are not backed by the government;
• Transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
• Some Digital Asset transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction;
• The value of Digital Assets may be derived from the continued willingness of market participants to exchange fiat currency or Digital Assets for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset disappear;
• The nature of Digital Assets may lead to an increased risk of fraud or cyber-attack, and may mean that technological difficulties experienced by Apex may prevent the access to or use of your Digital Assets; and
• Any bond or trust account maintained by Apex for the benefit of our Users may not be sufficient to cover all losses due to theft or fraud incurred by Users

You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that Apex does not give advice or recommendations regarding Digital Assets, including the suitability and appropriateness of, and investment strategies for, Digital Assets. You agree and understand that you access and use Apex at your own risk; ; however, this brief statement does not disclose all of the risks associated with Digital Assets and using Apex. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources. You should be aware that you may sustain a total loss of the funds in your Apex Account, and that under certain market conditions, you may find it difficult or impossible to liquidate a position.

Third-Party Websites

Apex may link to other websites operated by or with content provided by third parties, and such other websites may link to our website. You agree and understand that Apex has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such links does not constitute an endorsement of such websites, their content, or their operators. Apex is providing these links to you only as a convenience.

Third-Party Service Providers

You agree and understand that we may use third parties to gather, review, and transmit your data and activity from one or more of your financial institutions to us. By using Apex, you agree to grant third-party providers that we may engage.

You agree and understand that we may use third parties to gather, review, and submit or facilitate submitting your data and activity from us to regulatory authorities on our behalf. By using Apex, you agree to grant third-party providers that we may engage, the right, power, and authority to access and submit your data, activity, and personal and financial information to regulatory authorities on our behalf and in accordance with and pursuant to their terms and conditions, privacy notice, and/or other policies.

Tax Advice and Information

YYou agree and understand that Apex does not provide legal, tax, or investment advice, and to the extent you deem necessary, you will consult with qualified professionals in your own jurisdiction prior to using Apex or implementing any financial plan. Please email [email protected] if you have any questions.

Non-Solicitation

You agree and understand that all Orders received through and by Apex are considered unsolicited, which means that you have not received any investment advice from us or any Apex Service Provider in connection with any Orders you place, including those you place via our API, and that we do not conduct a suitability review of any Orders you place, including those you place via our API. You also agree and understand that you have not and do not expect to receive any investment advice from us nor any of our affiliates in connection with your Orders. In addition, you agree and understand that your review of our APP, Website and/or FAQ does not constitute any solicitation or investment advice.

Investment Advice

You agree and understand that all investment decisions are made solely by you. Notwithstanding anything in this Terms of Use, you agree and understand that we accept no responsibility whatsoever for, and shall in no circumstances be liable to you in connection with your decisions. You agree and understand that under no circumstances will the operation of Apex and your use of Apex be deemed to create a relationship that includes the provision of or tendering of investment advice.

Accessing Apex

You agree and understand that you are not allowed to enter any restricted area of any computer or network of Apex or any Apex Service Provider under any circumstances, or perform any functions that are not authorized by this Terms of Use. You should never access Apex from an unsecured or public computer and/or network.

General Provisions

You agree and understand to be legally bound by the terms and conditions set forth in this Terms of Use and that this Terms of Use governs your use of Apex and the services we provide. By clicking “I AGREE,” during the account opening process, you agree and understand to be legally bound by the terms and conditions of this Terms of Use and agree and understand that you have received the disclosures set forth herein. If you do not agree to be legally bound by the terms and conditions of this Terms of Use, do not click “I AGREE” and please do not visit, access, or use Apex in any capacity or manner. Whether or not you click “I AGREE,” if you sign up for an account and use Apex in any capacity or manner, you agree, by virtue of any such action, to be legally bound by the terms and conditions of this Terms of Use (including any changes or amendments) in their entirety.

Disclaimer of Warranties

For the avoidance of doubt, neither we nor any Apex Service Provider are giving investment advice, tax advice, legal advice, or other professional advice by allowing you to use Apex, the services we or any Apex Service Provider provide, including, but not limited to, the ability to buy, sell, or store Digital Assets or fiat currency. In addition, neither we nor any Apex Service Provider recommend, or endorse that you buy or sell Digital Assets, including bitcoin, ether, or any other asset, or that you make any investment or enter into any Trade. Before engaging in any trading or investment activity, you should always consult a qualified professional.

THE SERVICES WE AND APEX SERVICE PROVIDERS PROVIDE ARE PROVIDED TO YOU ON A STRICTLY “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. NEITHER WE NOR ANY APEX SERVICE PROVIDER REPRESENT OR WARRANT TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF APEX OR THE INFORMATION CONTAINED THEREIN OR SERVICES CONTAINED THEREON. APEX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE OR USE OF THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, OR ERROR-FREE.

Disclaimer of Liability EXCEPT TO THE EXTENT REQUIRED BY LAW, NEITHER WE NOR ANY APEX SERVICE PROVIDER SHALL BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SIMILAR DAMAGES, INCLUDING LOST TRADING OR OTHER PROFITS, DIMINUTION IN ASSET VALUE, OR LOST BUSINESS OPPORTUNITIES (EVEN IF WE AND/OR ANY APEX SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF) IN CONNECTION WITH THIS TERMS OF USE, YOUR USE OR ATTEMPTED USE OF APEX, OR ANY OF THE INFORMATION, SERVICES OR TRANSACTIONS CONTEMPLATED BY THIS TERMS OF USE. APEX’S TOTAL LIABILITY FOR BREACH OF THIS AGREEMENT SHALL BE LIMITED BY THE VALUE OF ANY OF YOUR ALLEGEDLY LOST FIAT CURRENCY AND DIGITAL ASSETS IN THE CUSTODY OF APEX AT THE TIME OF LOSS.

YOU AGREE AND UNDERSTAND THAT NEITHER WE NOR ANY APEX SERVICE PROVIDER SHALL BE LIABLE FOR DELAYS OR INTERRUPTIONS IN SERVICE CAUSED BY AUTOMATED OR OTHER COMPLIANCE CHECKS OR FOR OTHER REASONABLE DELAYS OR INTERRUPTIONS IN SERVICE, BY DEFINITION TO INCLUDE ANY DELAY OR INTERRUPTION SHORTER THAN ONE WEEK, OR DELAYS OR INTERRUPTIONS IN SERVICE BEYOND THE CONTROL OF APEX OR ITS SERVICE PROVIDERS.

THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO ANY DAMAGE OR INTERRUPTIONS CAUSED BY ANY COMPUTER VIRUSES, SPYWARE, SCAMWARE, TROJAN HORSES, WORMS, OR OTHER MALWARE THAT MAY AFFECT YOUR COMPUTER OR OTHER EQUIPMENT, OR ANY PHISHING, SPOOFING, DOMAIN TYPOSQUATTING, OR OTHER ATTACKS, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE. NEITHER WE NOR ANY APEX SERVICE PROVIDER GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO APEX. IF THIS DISCLAIMER OF LIABILITY SECTION IS DEEMED TO CONFLICT WITH ANY OTHER SECTION OF THIS TERMS OF USE, THIS DISCLAIMER OF LIABILITY SECTION SUPERSEDES THE OTHER SECTION.

Force Majeure

You agree and understand that in no event shall we or any Apex Service Provider be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition, whether or not foreseeable, beyond our or any Apex Service Providers’ reasonable control, including, but not limited to, any act of God, nuclear or natural disaster, epidemic, action or inaction of civil or military authorities, act of war, terrorism, sabotage, civil disturbance, strike or other labor dispute, accident, state of emergency or interruption, loss, or malfunction of equipment or utility, communications, computer (hardware or software), Internet or network provider services.

Indemnities

In no event shall we or any Apex Service Provider be liable for any act, omission, error of judgment, or loss suffered by you in connection with this Terms of Use or your use or attempted use of Apex services. You agree to indemnify and hold us and all Apex Service Providers harmless from or against any or all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including reasonable attorneys’ fees), claims, disbursements or actions of any kind and injury (including death) arising out of or relating to your use of Apex, the or our and any Apex Service Providers’ performance or nonperformance of duties to you.

Assignment

This Terms of Use, or your rights and obligations hereunder, may not be transferred by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. This Terms of Use shall be binding and inure to the benefit of the parties hereto, our successors, and permitted assigns.

Relationship of the Parties

You agree and understand that nothing in this Terms of Use shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. Except for the indemnity and exculpation provisions herein, nothing expressed in, mentioned in, or implied from this Terms of Use is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Terms of Use to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons, and this Terms of Use and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and us.

Dispute Resolution

In case of disputes related to deposits, users are encouraged to contact Apex Network Limited's customer support for prompt resolution.

You and Apex agree and understand that any controversy, claim, or dispute arising out of or relating to this Terms of Use or your relationship with Apex — past, present, or future — shall be settled solely and exclusively by binding arbitration held at the Lagos Court of Arbitration, Federal Republic of Nigeria.

The Parties shall use their best endeavors to reach an amicable settlement of the dispute through negotiations by their respective solicitors within seven (7) days.If the parties are unable to settle the dispute amicably within twenty (20) days of commencing negotiations after a dispute has arisen, such dispute shall be referred to arbitration at the Lagos Court of Arbitration, with a single arbitrator appointed by the Chairman of the Lagos Court of Arbitration. The venue of the arbitration shall be Lagos and the language of the arbitration shall be in English.

The arbitration shall be concluded within sixty (60) days of the date of commencement of the arbitration.

You and Apex agree to arbitrate solely on an individual basis, and agree and understand that this Terms of Use does not permit class action or private attorney general litigation or arbitration of any claims brought as a plaintiff or class member in any class or representative arbitration proceeding or litigation (“Representative and Class Action Waiver”). The arbitral or other tribunal may not consolidate more than one User’s claims and may not otherwise preside over any form of a representative or class proceeding. Nothing in this paragraph shall be construed to prohibit settlements on a class-wide or representative basis.

You agree that this section of this Terms of Use has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for stay or dismissal of any court action commenced by you with respect to a dispute arising out of such matters.

Entire Agreement

This Terms of Use, our Privacy Policy, KYC/AML Program, Code of Conduct & Exchange Conduct Rules, incorporated by reference herein, comprise the entire understanding and agreement entered into by and between you and Apex Web Network Limited as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this Terms of Use), as well as every nature between and among you and us. By your participation and/or acceptance of this Agreement, you acknowledge that you have read, understand, and agree to the Agreement, and any modifications thereof, as of the time you accept this Agreement.

A printed version of this Terms of Use shall be admissible in judicial or administrative proceedings.