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Terms of Use

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This is a contract between you and Lithex Uab, (“Lithex”), a company incorporated in Lithuania under company number 305916950. References in this Agreement to "Lithex", "we", "our" or "us", are to Lithex, and references to "you" or "your" are to the person or entity with whom Lithex enters into this Agreement. By registering to create a Lithex account through Lithex.co or any other mobile applications or API (“Site”), you agree that you have read, acknowledged, understood and agreed to all of the Terms of Use within this Agreement as well as our Privacy Policy, Prohibited Activities Policy, Lithex API Terms of Use (“Terms of Use”).

PLEASE READ THESE TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES. AS WITH ANY ASSET, THE VALUE OF DIGITAL CURRENCIES CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU WILL LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING IN DIGITAL CURRENCIES. BY USING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTING IN DIGITAL CURRENCIES (2) THAT YOU ASSUME ALL RISKS WITH RESPECT TO YOUR USE OF THE SERVICES AND TRADING IN DIGITAL CURRENCIES AND (3) LITHEX IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.

BY ACCESSING, USING OR ATTEMPTING TO USE THE SERVICES IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

Interpretation

All terms and conditions in these Terms of Use are to be strictly defined and interpreted in accordance with the English language.

Amendments

Lithex reserves the right to modify and amend these Terms of Use at any time.

We will make reasonable efforts to ensure that in the event of any significant changes to the Terms of Use you will be notified and given advanced notice by an appropriate method (for example, by email to the address you provide to us during registration for a user account, or via notice on the Site). However, it remains your responsibility to check these Terms of Use from time to time to ensure that you still agree with them, your continued use of the Site will be deemed to be your acceptance of any changes we make. If you do not agree with any such amendment, your only exercisable remedy is to terminate your account. Your continued use of the Site will constitute acceptance of the Terms of Use. By agreeing to these Terms of Use, you understand and agree that Lithex will not be liable to you or any such third party for any alteration or conclusion of any such Lithex Services as a result of an amendment to these Terms of Use.

E-sign Consent

By agreeing to these Terms of Use, you acknowledge and agree that Lithex will deliver all communications to you electronically.

It is your sole responsibility to update your contact information to ensure that all information is up to date. By agreeing to these Terms of Use, you acknowledge and agree that in the event Lithex sends you communication to an incorrect, invalid or unavailable email address, the communication will be deemed to have been delivered.

You can update your personal information at any time at Settings. To update any personal information which is not editable please contact us.

  1. DESCRIPTION OF SERVICES

  1. Digital Currency Services. These services operated by Lithex allow users to buy, sell, send, receive and to store Digital Currency. Lithex also provides Exchange services through which users can transact with GBP and Euros to buy and sell Digital Currency with Lithex.

  2. Merchant Service. This service operated by Lithex enables you to accept Cryptocurrencies as payment for goods or services, and process Bitcoin payments that you receive from your customers. We convert the Cryptocurrencies to GBP or EURO on your behalf. By using the service, you authorise us to receive and process Cryptocurrencies on your behalf.

  1. ElIGIBILITY CRITERIA

  1. By registering to use a Lithex Account (as defined below), you represent and warrant that (a) you are at least 18 years old or of legal age to form a binding contract under applicable law, (b) you are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms, (c) you have not previously been suspended or removed from using our Services, (d) you do not currently have an existing Lithex Account and (e) you are resident in in an accessible country. The full list of accessible countries can be found at Countries. Any countries that are not found in the full list of accessible countries are Restricted Territories.

  2. If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity.

  3. Citizens and resident aliens of the United States of America and other such unsupported countries may not be eligible to register to use Lithex whilst resident in the unsupported country and or if they are temporarily or permanently resident in an accessible country. Notwithstanding if their income is not subject to the tax of an unsupported country.

  4. By opening an account to use the Services that you expressly represent and warrant that you:
    - Have the full capacity to accept, and have accepted the terms and conditions in these Terms of Use and have full capacity to enter into a transaction involving Digital Currency;
    - Are a resident in an area that permits the use and exchange of Digital Currency;
    - Are not using the Site or Services on behalf of any third party;
    - Will not transfer Cryptocurrencies to or from your Lithex account to or from any wallet controlled by an individual or entity on the Office of Financial Sanctions Implementation, HM Treasury, ‘consolidated list of financial targets in the UK’

  5. Reverse solicitation policy

    1. By using this website, or accessing the services provided by the Company, you hereby confirm and agree that you are aware that Lithex is registered and operated from the state of Lithuania. You have accessed this website voluntarily and regardless of the country or location of the user, the place of business attached to any future transaction between the parties, is deemed to be within the territory of Lithuania. Any marketing activity is directed at residents of the European Union and non EU customers give their consent to receive services from the Company by virtue of its place of business in Lithuania.

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  8. LITHEX ACCOUNTS

  9. Registration

  10. All users of the Services (each, a “User”) must register at (https://www.Lithex.co/Register) for a Lithex account (an “Account”) before using the Services. To register for an Account, you will be required to complete an account Registration Form which will require the provision of, but not restricted to, your legal name, a valid current residential address, a valid email address, phone number, your nationality, date of birth / registration and a government issued identity number as well as accept the Terms of Use.

  11. Lithex may, in its sole discretion, refuse to open an account for you. You agree to provide complete and accurate information when opening an Account and agree to promptly update any information you provide to Lithex so that such information is always complete and accurate. Each registration is for a single user only and each User (including with respect to any User that is a business or legal entity) may only maintain one active Account with Lithex.

  12. Lithex reserve the right to, in our sole discretion, decline any application. Any false information provided by you may result in your use or access of the Site being terminated.

  1. Verification

  1. With registration of an account on Lithex, you agree to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes. We will collect, use and share this information in accordance with our Privacy Policy.

  2. Regardless of whether your application to open an account is accepted or declined, pursuant to the EU Anti-Money Laundering and Countering the Financing of Terrorist Directive, Lithex are obliged to retain the information provided during the Registration process for a minimum of five (5) years after your relationship with us is formally ended. If you require further information on this point, please contact us before you commence the account opening process.

  3. Following the successful completion of the Registration Form you may be permitted to use our Services up to a personalised Account Verification Limit as displayed within the sidebar of your account. In some instances, pursuant to our internal policies, you will be immediately required to complete our Account Verification process.

  4. The identity verification information we request may include, but is not limited to: Government Issued ID, Proof of Current Residential Address, Certificate of Incorporation, Memorandum & Articles of Association, Financial Statements and Source of Wealth Evidence.

  5. In the event that for whatever reason we are unable to verify your account following a request to provide standard or enhanced account verification information, your deposit or current account balance if the current balance is valued at less than your deposit, will be returned. The funds will be returned in the currency that they were received in and to the account from which they were sent from.

  6. Any false information provided by you will result in your use or access to the Site being terminated. Lithex reserve the right to in our sole discretion, decline any application without providing a reason.

  7. BY SIGNING UP FOR A LITHEX ACCOUNT YOU HEREBY AUTHORIZE LITHEX TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH THIRD PARTIES, THAT LITHEX CONSIDERS NECESSARY TO VERIFY YOUR IDENTITY OR PROTECT YOU AND/OR LITHEX AGAINST FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE ACTION LITHEX REASONABLY DEEMS NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT REFERENCE (SOFT INQUIRIES WHICH WON’T AFFECT YOUR CREDIT SCORE) AND FRAUD PREVENTION OR FINANCIAL CRIME AGENCIES AND THAT THESE AGENCIES MAY RESPOND TO OUR INQUIRIES IN FULL.

  1. Account Usage Requirements

  1. Accounts can only be used by the person whose name they are registered under. Lithex reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. You shall immediately notify Lithex if you suspect or become aware of unauthorized use of your user name and password. Lithex 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).

  1. Account Security

  1. If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. By registering to use our Site and Services, you agree not to disclose your password, account information, or any information regarding your account to any third party.

  2. You should ensure your password and account details are kept private, you are responsible for all transactions on your account where the correct security information has been provided.

  3. If another person accesses your account, you are solely responsible for all their actions, whether or not their access was authorised by you and you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages arising in connection with the use or access to your account by or with any third party.

  4. We assume no responsibility for any loss that you may sustain due to a breach of your account login credentials due to no fault of Lithex and/ or failure to follow or act on any notices or alerts that we may send to you.

  5. Lithex have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

  6. If you know or suspect that anyone other than you know your user username or password, you must promptly notify us by visiting our contact us page.

  1. Guidelines for Usage of the Digital Currency Services

  1. Digital Currency Services

  1. The Hosted Digital Currency Wallet permits users to buy, sell, send, receive and to store supported Cryptocurrencies. Lithex reserves the right to refuse and to cancel any pending Cryptocurrencies Transaction pursuant to, but not limited to;
    - Legal obligations, binding court, regulatory or governmental orders and;
    - The application of transaction limits;
    - Activity that we in out sole discretion deem to be suspicious and our internal policies.

  2. By agreeing to these Terms of Use, you expressly agree that you will not attempt to send, store or to receive any Digital Currency that Lithex does not expressly support. If you have any queries as to the Digital Currencies supported by Lithex contact us.

  3. Lithex expressly retains absolutely no control, responsibility or liability regarding the legality, safety, delivery and other such guarantee in connection with any third-party payments such as those with other Lithex customers and any use or attempt to deal with unsupported Digital Currencies.

  4. Any conflicts, problems and associated transactional disputes must be directly resolved between the aggrieved parties. In the event of any unlawful, inappropriate, dishonest or malicious behaviour, you should promptly inform us by contacting us so that we may consider the best course of action, if any action at all.

  1. Service for Ethereum and Tether

  1. In addition to our services relating to Bitcoin where users are able to buy, sell, send, receive Bitcoin, Lithex also offers users the option to buy and sell the following Digital Currencies (‘Alternative Digital Currencies’):
    - Ether (“ETH”)
    - Tether (“USDT”)

  2. Registered users are able to use their GBP and EUR balances held with Lithex to buy and sell these Alternative Digital Currencies.

  3. The decision to buy or sell these Alternative Digital Currencies is entirely a decision for you. Lithex does not provide any advice in this regard. If you decided to buy or sell any of the Alternative Digital Currencies through Lithex, we will hold them on your behalf and each Alternative Digital Currency that you hold will be reflected in your Lithex user account.

  4. You will not be able to spend or transfer any Alternative Digital Currencies that you have bought with Lithex and which we hold on your behalf. If you wish to sell any Alternative Digital Currencies you will need to instruct us to sell the Alternative Digital Currencies for EUR or GBP via the Lithex platform.

 

  1. Transactions

  1. Lithex processes customer transactions directly pursuant to the instructions received from its users, thus, does not guarantee the identity of any user, recipient, or other party capable of being party to transactions facilitated by Lithex. You alone are solely responsible for the correctness and verification of all transactional details prior to submitting any such instruction to Lithex.

  2. Once entered onto a Digital Currency Network, a Digital Currency Transaction remains unconfirmed, awaiting sufficient confirmation of the transaction by the Digital Currency Network. Lithex has no control and does not assume any liability or responsibility in connection with the direct and or indirect consequences and consequential losses caused by any such delay on a Digital Currency Network.

  3. While categorised as pending, a transaction remains incomplete, all funds associated with the pending transaction can be categorised as such and will no longer be credited to your Lithex account balance or be accessible for subsequent transactions. Any such pending or complete transactions cannot be altered, reversed or cancelled.

  4. Lithex may charge Network fees to process a Digital Currency transaction. Lithex will calculate the Network fees at its sole discretion, although we will always notify users of the applicable Network fee prior to the execution of any transaction.

  5. When transferring from a Lithex account to another Lithex account, the transactions occur off the blockchain. For these off-chain transactions, you won't be able to view the Cryptocurrencies transfer on the blockchain. Additionally, the account user name and profile picture will appear in the relevant transaction history pages. (E.g. The sender will see the receivers Lithex user name and profile picture and the receiver will see the senders Lithex user name and profile picture).

  1. Operational Delays

  1. In the interests of security, Lithex retains and securely stores all Digital Currency private keys in a mixture of both online and offline facilities. As a result, the retrieval of the information required to facilitate our transactional services may be subject to procedural delays of seventy-two (72) hours or more. By agreeing to these Terms of Use, you acknowledge and explicitly agree that Lithex do not warrant, either express and implied that a Digital Currency Transaction facilitated by Lithex will not incur such delays.

  1. Digital Currency Networks

  1. Lithex will always endeavour to clearly display our supported Digital Currencies. Unless officially announced in a public statement, on our website or communicated to you via email, Lithex does not permit or support sidechains, coloured coins, Alt-coins (other than the specified ‘Alternative Digital Currencies’), Meta-coins and any such derivative coins or tokens which interact with Digital Currencies which Lithex supports.

  2. By agreeing to these Terms of Use, you agree you will not attempt or use your Lithex account to store, send or engage in any such transaction with any unsupported Digital Currencies or protocol.

  3. Lithex expressly retains absolutely no control, responsibility or liability regarding the legality, safety, delivery and other such guarantee as a consequence of the engagement with any such unsupported Digital Currencies or protocol. If you are unsure of the Digital Currencies that Lithex supports, contact us.

  4. Lithex facilitates access to Digital Currency Networks and expressly makes no representations that it controls or owns any element of the fundamental software that governs the operation of the Digital Currencies we support.

  5. By agreeing to these Terms of Use, you acknowledge and agree that Lithex accept no responsibility or liability for the operation of the underlying software and in no way, guarantees its availability or security.

  6. In the event of any fundamental alteration to the operating rules of a Digital Currency Network (such as a “Fork”), and as a result of such an alteration, the function, value and/or the name of a supported Digital Currency you have stored with Lithex is materially affected, you acknowledge and agree that Lithex may endeavour to give you notice and an opportunity to access your funds prior to any such event and;
    - Provisionally suspend Lithex Services without giving you advanced notice;
    - Materially alter and reconfigure Lithex systems and Services and;
    - Entirely cease to support and permit any such forked protocol.

  7. Lithex retains no liability and expressly assumes no responsibility regarding any unsupported branch or a forked protocol.

  1. Exchange Services and Fees

  1. The "Exchange Rate" as quoted on the Lithex Site is the price in terms of Fiat Currency at which you may buy or sell supported Digital Currency to or from Lithex.

  2. By agreeing to these Terms of Use, you expressly acknowledge and agree that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that Lithex may impose a “spread” to the aforementioned Exchange Rate.

  3. Lithex will always endeavour to maintain our Exchange Services, however, do not guarantee the availability of our Exchange Service. The act of purchasing supported Digital Currency from Lithex in no way guarantees you the ability to sell your Digital Currency to Lithex.

  4. After successfully completing the Account Verification process, you may buy and/or sell supported Digital Currency with Fiat Currency you have deposited into your Lithex account.

  5. Each Exchange Service transaction is subject to a fee (an "Exchange Fee"). An estimated breakdown of the transaction and Exchange Fee is displayed amongst the transaction details prior to execution of a transaction order.

  6. Lithex will always endeavour to process any transaction as soon as we can, you hereby acknowledge and agree that there may be delays in this Service and understand that Lithex reserve the right to cancel any transaction at our sole discretion.

  7. Lithex may endeavour to fulfil all cancelled transactions, we may contact you and seek your consent to initiate the same transaction at the current Exchange Rate.

  8. Lithex will not process a transaction if the amount transacted is less than the limits specified in our Limits Table.

  9. Lithex reserves the right to adjust its Exchange Fees at any time. We will always notify you of the Exchange Fee which applies to your transaction at the time of the transaction.

  1. Reversals and Cancellations

  1. You are not permitted to cancel, change or reverse any transaction. Lithex reserves the right to refuse to process, cancel or reverse, any purchases or sales of Digital Currency if we in our sole discretion suspect the transaction involves or could be involved in criminal activity, is a violation of our prohibited activities policy/Internal policies or in response to binding legal, governmental or regulatory orders.

  2. On the occasion Lithex cancels a transaction, Lithex is not required to reprocess your transaction on the same terms as the cancelled transaction.

  1. Payment Services Partners

  1. By agreeing to these Terms of Use, you acknowledge and agree that Lithex may use designated third party payment processors to process any such Fiat Currency transactions between you and Lithex, including but not limited to payments required for the use of the Exchange Services, deposits or withdrawals from your Digital Currency Wallet.

  1. Deposits, Withdrawals and Refunds

  1. You are not permitted to fund your Fiat Currency Wallet and or withdraw from third party credit/debit cards, bank or Neteller accounts.

  2. Fees may apply to deposits and withdrawals from your Currency Wallet. All fees will be detailed prior to any transaction where possible and are available to view at our Fees Table.

  3. Deposits via Bank Transfer or SEPA (international Bank Transfer) may be subject to the standard associated external delays, typically one (1) to five (5) working days. Lithex will typically credit your Fiat Currency Wallet within twenty-four (24) hours of our receipt of the payment.

  4. Withdrawals to bank accounts must not exceed the limits specified in our Limits Table. Lithex will immediately debit your Lithex account when you authorise a bank withdrawal. Once processed, funds will typically settle to you within five (5) working days.

  5. Lithex is under no obligation to provide refunds for any deposited or transacted funds. On the occasion Lithex does issue a refund, the transaction is typically received within five (5) working days, however may be subject to external delays. Lithex reserves the right to charge the associated credit/debit refund fee as specified on our Fees Table.

  1. AUTO BUY

  1. By making a qualifying bank deposit, you authorise us to purchase Cryptocurrencies for you at the Exchange Rate available on your account at the time the bank deposit is received. A qualifying bank deposit must:
    - Originate from a bank account held in your name
    - Contain your unique Auto Buy reference
    - Not exceed your personalised Account Verification limit
    - Not exceed the Auto Buy limit
    - Be received in a currency detailed here
     

  2. In addition to your personalised Account Verification limit that is displayed within the Dashboard, Auto Buy transactions are subject to other limits and fees that are displayed on our Limits & Fees Table.

  3. Any amount received less than the minimum Auto Buy limit may be processed at our discretion after deduction of applicable fees. Should the amount not exceed our fees then your deposit will be lost by our fees.

  4. If your bank transfer cannot be credited to your account due to any account restrictions, no Auto Buy of Cryptocurrencies will be undertaken, and you will be notified by email.

  5. It is not possible to cancel or reverse an Auto Buy, other than preventing the transaction leaving your bank account.

  6. Lithex reserves the right to, in our sole discretion, reverse, cancel or prevent an Auto Buy transaction.

  1. GUIDELINES FOR USAGE OF THE MERCHANT SERVICES

  1. Merchant Service

  1. In relation to payments and / or donations in digital currencies, any legal relations are between you and your customer making a payment. We are not a party to relations between you as a Merchant and your customers. We do not accept any queries, letters, requests and (or) complaints regarding you, your services, products, activities, and (or) a payment and (or) a donation, or a purchase related to relation between you as Merchant and your customers. The Merchant Service enables you to accept Cryptocurrencies as payment for goods or services or donations, and process Cryptocurrencies payments that you receive from your customer (“Purchaser”).

  2. You are solely responsible for obtaining any information required from a Purchaser such as age verification, this is your sole responsibility. We will not be responsible for your failure to adequately verify you clients.

  3. Merchant Services are only available to businesses that sell a product or services

  4. By using the Services, you authorize us to act as your agent so we may receive, hold and disburse funds on your behalf and to take any and all actions that we think are necessary to provide the Services and to comply with applicable law.

  5. Payment by a Purchaser to Lithex will be considered the same as payment made directly to you and will extinguish the Purchaser's outstanding obligation, to the extent of the payment.

  6. We may ask for permission to inspect your business location in connection with your use of the Services, or documentation or evidence to support specific transactions. If you refuse our request, we may suspend or terminate your Lithex account.

  1. Advertising

  1. By using the Merchant Service, we may publish your corporate name, URL, artwork, text, logo, and other publicly available information about your business ("Merchant Content") to Lithex's promotional materials and all marketing channels. A third party may use Lithex's publicly-available Merchant Content and tailor the data to create entries for directories or other channels, and the data listed on third party directories or channels will be subject to separate third party terms of use.

  2. You represent and warrant to us that you have the right to provide the Merchant Content to us, and that the use, copying, modification and publication of the Merchant Content by us: (a) will not infringe, violate or misappropriate any third party copyright, patent, trade secret or other proprietary rights, (b) will not infringe any rights of publicity or privacy, and (c) will not be defamatory or obscene or otherwise violate any law.

  1. Merchant Fees

  1. Unless agreed to the contrary in writing under separate agreement between us and you, we charge a transaction fee per each processed transaction, which is charged immediately upon acceptance of payment from a purchaser. Your continued use of the Services after we notify you of any changes in our fees constitutes your acceptance of such change.

  1. Invoices and Settlement

  1. Lithex’s hosted merchant invoice user interface shall be used to view transaction history and to request settlement. You can receive a settlement in GBP, EURO, in any supported Digital Currency, or in a mixture of both. You assume volatility risks of the currency in which you choose to settle. For example, if you choose to settle in Cryptocurrencies, then you assume the volatility risk of the Cryptocurrencies value.

  1. Underpayments, Overpayments & Expired Payments

  1. Underpayments occur when a Purchaser sends less than the full amount required to mark the invoice as fully paid. The funds are applied to your account and marked as ‘Expired partial Payment’. You will then have the option to make a refund.

  2. Overpayments occur when an invoice receives excess funds. The funds are applied to your account and marked as ‘Complete’. You will then have the option to make a refund.

  3. Expired payments occur when a payment is not made within the expiry time. These payments will appear in your account as an ‘Expired Partial Payment’.

  1. Refunds & Abandoned Accounts

  1. You will maintain a clear refund policy and disclose it to your customers ensuring that your policies and procedures comply with all applicable laws and regulations, and with the provisions of this Agreement.

  2. You can decide to issue a partial refund or refund the full amount of the initial purchase. If you do not have enough funds in your Lithex account to cover the refund, Lithex may require you to deposit Cryptocurrencies or fiat to Lithex to cover the refund to the Purchaser.

  3. Any required currency conversion during the refund process will be calculated at a spot rate available at that time. Under no circumstances do we guarantee a refund of Cryptocurrencies at the same price at which the Cryptocurrencies were originally exchanged.

  4. Refunds must be requested within 6 months following the original transaction.

  5. Lithex is not responsible for Merchant refund policies. We suggest Merchants have a clear refund policy for their customers (including, if applicable, “no refunds are allowed as all sales are final”). For certain industries, a refund policy may not be applicable (e.g. where a service is provided). If refunds are permitted, we recommend you refund the amount of the initial purchase in the currency in which the item was priced.

  6. In the event your Lithex account is defined as an Abandoned Account (defined below) an Administration Fee may be payable by you. Once an account is deemed Abandoned, we shall deduct a monthly Administration Fee in the amount set out on our website at https://www.Lithex.co/Fees. For the purpose of these Terms and Conditions, the term “Abandoned Account” shall mean: If your account has no transactions processed for a minimum of six months.

  1. Complaints

  1. Complaints from your customers received by Lithex will be forwarded to you for resolution. Lithex reserves the right to terminate accounts that receive excessive complaints.

  1. Your Bank Account

  1. You are solely liable for all fees and costs associated with your bank account. You are also liable to us for any fees that we may incur based on your provision of inaccurate information or instructions. You authorize us to initiate electronic credits to your bank account at any time, as necessary to process your transactions. We will not be liable for any delays in receipt of funds or errors in bank account entries caused by third parties.

  1. GENERAL TERMS AND CONDITIONS

  1. Limited Licence

  1. To the extent that you agree to and for the duration of your use, comply with these Terms of Use, Lithex grants to you a personal, non-exclusive, non-transferable, non-sub-licensable and limited right to enter and use the Site content and the Services for approved purposes only. Any non-permitted use of Lithex content and Services are explicitly prohibited. By agreeing to these Terms of Use, you expressly acknowledge and agree not to sell, re-distribute, licence or misrepresent and exploit Lithex content, in whole or in part and all logos linked to Lithex content and Services.

  2. Lithex are the owners, or the licences of all intellectual property rights in our Site and the material published on it. These intellectual property rights include, without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our Site, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off. Those works are protected by copyright laws and treaties around the world. As such rights are reserved.
    - You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content on our Site;
    - You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text;
    - Our status (and that of any identified contributors) as the authors of content on our Site, must always be acknowledged;
    - You must not use any part of the content of our Site for commercial purposes without obtaining a licence to do so from us or our licensors;
    - If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  3. The trademarks used on this Site are the property of Lithex and its licensors. The trademarks should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any trademarks without our express consent in writing is strictly prohibited you may not copy, imitate or use them without Lithexs prior written consent.

  4. By agreeing to these Terms of Use you understand and acknowledge that nothing in this agreement permits you to assign any rights and licences granted to you under these Terms of Use.

  5. Lithex reserves the right to assign our rights without restriction or limitation to Lithex associates or partners or to any successor. Any attempted transfer or assignment in violation hereof shall be null and void.

  1. Access/Website Accuracy

  1. Access to our Site is available free of charge. All services are provided without warranty of any kind, either express or implied. We make no guarantees, warranties or representations whatsoever that our Site or any content on it will always be available or be uninterrupted, timely, secure or error free. We make no guarantees, warranties or representations whatsoever that defects will be corrected, or that the Site or the Service that makes it available are free of viruses and bugs or represent the full functionality of the Site, or as to the accuracy of any information obtained by you through the Site.

  2. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

  3. We will endeavour to ensure that the site can be accessed by you in accordance with these Terms of Use. We may suspend use of the Site for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in cases of an emergency.

  4. We will endeavour to provide you with the Services as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.

  5. You are solely responsible for making all arrangements necessary for you to have access to our Site.

  6. You shall use the Site for your own personal and non-commercial use only and shall not be allowed to provide access to or reproduce the Site or any part of it in any form whatsoever without our express consent in writing.

  7. By agreeing to these Terms of Use, you acknowledge and agree that you should personally verify all information from the Site before relying upon it. Lithex expressly retains no liability or responsibility for decisions and courses of action based solely or partly on information from the Site or information, content and services of a third party which is linked or is accessible from our Site.

  1. Prohibited Activity

  1. As a condition of your use of Lithex content, Services and any such activity facilitated by Lithex, you agree and represent that you will not engage in any Prohibited Activities.

  2. Lithex expressly reserves the right to monitor, review, retain and to disclose any such information and data as is required or we deem necessary to satisfy any relevant law, regulatory system, governmental order or internal policy and will do so in accordance with our Privacy Policy.

  3. We reserve the right to immediately, without notice, freeze funds, block all transactions and to cancel or suspend your account and any such other restrictive action we in our sole discretion deem to be reasonably necessary, if we conclude, in our sole discretion, that your account is associated with any Prohibited Activity.

  1. Deposit Limits

  1. The use of Lithexs deposit service via transfer and credit/debit card may be subject to minimum and maximum deposit limitations. Minimum, maximum, daily and monthly limits will be clearly stated prior to the execution of any deposit order.

  2. Your transaction limits may differ depending on, but not limited to your method of payment and your verification status.

  3. Lithex retains the right to adjust any transactional limits as we deem necessary in our sole discretion. If you wish to increase your limits, you may contact us and request an account review.

  4. Lithex may, in our sole discretion reject an application to increase your limits or we may lower your limits notwithstanding your completion of Enhanced Due Diligence.

  1. Suspensions, Deactivations and Cancellations

  1. Lithex may suspend, deactivate and/or cancel your Lithex account in the event;
    - We are required by legislation, court order, binding regulatory or governmental order;
    - We in our sole discretion reasonably suspect your Lithex account is being used for or to facilitate a Prohibited Activity;
    - You breach our Terms of Use;
    - At our sole discretion.

  2. By agreeing to these Terms of Use, you acknowledge that our decision to take any such necessary restrictive actions will not guarantee you notice or an explanation of any of Lithexs internal policies or protocols.

  3. In the event your Lithex account is defined as a Dormant Account (defined below), and unless prohibited by law or a binding order, a Dormancy Fee may be payable by you. Once an account is deemed Dormant, we shall deduct a monthly Dormancy Fee of £25 (or EUR/crypto equivalent) or 10% of the account balance at the time that it is deemed to be Dormant (whichever is greater). For the purpose of these Terms and Conditions, the term “Dormant Account” shall mean: If your account has been closed / deactivated and you have not logged into your Account for a period of at least 12 months.

  4. You may cancel your Lithex account at any time by withdrawing all balances and following the instructions on the Settings Page. Or by contacting us.

  1. Unclaimed Property

  1. In the event your Lithex account is defined as an Inactive Account (defined below) an Administration Fee may be payable by you. Once an account is deemed Inactive, we shall deduct a monthly Administration Fee of £10 or EUR/crypto equivalent. For the purpose of these Terms and Conditions, the term “Inactive Account” shall mean: If you have not logged into your Account for a period of at least 24 months.

  1. Complaints Policy

  1. If you have any questions and queries you can contact us via our contact us page.

  2. In the event you wish to initiate a formal complaint, please consult our Complaints Policy

  1. Limitation and Indemnification of Lithex

  1. BY AGREEING TO THESE TERMS OF USE, YOU HEREBY AGREE THAT IN THE EVENT YOU HAVE A DISPUTE WITH ANY OTHER LITHEX USER, PERSON BOTH NATURAL AND LEGAL OR ANY OTHER SUCH ENTITY WHOM YOUR RELATIONSHIP WAS FACILITATED BY LITHEX SERVICES, YOU RELEASE LITHEX FROM ANY ARISING CLAIMS AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES OR RELATED TO YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, RULE OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTY.

  2. BY AGREEING TO THESE TERMS OF USE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE SHALL BE NO SUCH EVENT BY WHICH LITHEX WILL BE LIABLE FOR ANY AMOUNT GREATER THAN THE FUNDS DEPOSITED IN YOUR LITHEX ACCOUNT AT THE TIME OF THE LIBEL ACT OCCURRED.

  3. BY AGREEING TO THESE TERMS OF USE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ANY CLAIM, BE IT DIRECT, INTANGIBLE, CONSEQUENTIAL, CONTRACTUAL, TORTIOUS, NEGLIGENT OR ANY SUCH CLAIM ARISING FROM THE USE OF LITHEXS TRANSACTIONAL SERVICES, YOUR DAMAGES ARE LIMITED TO THAT OF THE VALUE OF THE FUNDS AT THE TIME OF THE TRANSACTION. YOU MAY NOT RECOVER EXPECTED, OR ACTUAL PROFITS AND ANY OTHER SUCH TYPE OF CONSEQUENTIAL OR INCIDENTAL LOSS.

  4. LITHEX EXPRESSLY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE TIME SCALE REQUIRED TO PROCESS ANY SUCH TRANSACTIONS WHICH ARE DEPENDENT UPON EXTERNAL PROCESSORS SUCH AS BANKS AND OTHER SUCH VARIABLES ON A DIGITAL NETWORK THAT ARE OUTSIDE OF OUR CONTROL. LITHEX EXPRESSLY RETAIN ABSOLUTELY NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH OPERATIONAL DEFECT AND FAILURE, INCLUDING, BUT NOT LIMITED TO EXTENSIVE DELAYS AND THE COMPLETE FAILURE OF ANY SUCH TRANSACTION WHICH IS A RESULT OF EVENTS OUTSIDE OF OUR EXACT CONTROL.

  1. Sales, Mergers and Restructurings.

  1. In the event that Lithex is acquired by or initiates a merger with a third party, Lithex expressly reserves the right to assign all or parts of the relevant information we have collected from you as part of any such change of control.

  1. Jurisdictions

  1. This Agreement will be governed by the laws of Lithuania.

  2. In the event any provision of these Terms of Use shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental body, the provision in question may be altered to be interpreted with the objective to accomplish the original purposes of the provision to the furthest extent possible under any applicable law.

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