v09.01.2025
Before you begin using our platform and services, it’s important to understand the terms and conditions that apply. These terms form a legally binding agreement between you (referred to as "you" or "your") and 1507612 B.C. LTD. (referred to as "Crosswavepay", "we", "our", "platform", or "us").
By signing up for a Crosswavepay account, accessing our platform, or utilizing any Crosswavepay services, you acknowledge that you have read, understood, and agreed to be bound by these terms. This agreement also includes any additional terms and policies referenced herein. It is your responsibility to review these terms periodically, as they may be updated or amended from time to time.
If you do not agree with any part of these terms, please refrain from creating an account, accessing our platform, or using our services. Your continued use of Crosswavepay services signifies your acceptance and compliance with these terms and any changes made to them.
Investing in Digital Assets carries inherent risks due to their highly volatile nature, potentially leading to significant financial losses. It is essential to carefully assess whether engaging in such activities aligns with your financial circumstances.
Our Risk Advisory document, which undergoes periodic updates, provides comprehensive information on the potential risks associated with Crosswavepay Services. It is crucial to thoroughly review this document, although it may not encompass all possible risks or their implications for your specific situation. A thorough understanding of these risks is imperative before utilizing Crosswavepay Services.
We do not act as your broker, intermediary, agent, or advisor, nor do we assume any fiduciary responsibilities towards you regarding any transactions or activities conducted using Crosswavepay Services. We do not provide investment advice, and our communications should not be interpreted as such.
It is your responsibility to evaluate whether any investment, strategy, or related transaction aligns with your personal investment objectives, financial situation, and risk tolerance. You bear full responsibility for any losses or liabilities resulting from your decisions. We do not endorse the purchase, sale, or holding of any Digital Asset.
Before making any investment decisions, it is advisable to conduct thorough research and consult with a financial advisor. We are not liable for any losses incurred from decisions made based on information we provide.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms, you may not access or use the Service.
As used in these Terms, Crosswavepay refers to 1507612 B.C. LTD., a company registered in Canada under company number BC1507612.
Crosswavepay is a licensed Virtual Asset Service Provider and is supervised by Ministry of Industry and Trade and its supervisory bodies, officially recognized by the law.
Crosswavepay provides an online platform that allows buyers ("Buyers") and sellers ("Sellers") to buy, sell, and exchange cryptocurrencies through third-party service providers.
The services offered by Crosswavepay enable all customers ("Members") to:
Depending on your country of residence, some functions of the platform may not be available to you. It is your responsibility to ensure you comply with the rules and regulations of your country of residence or the country from which you access the Site and Services.
By agreeing to and complying with these Terms and Conditions, Crosswavepay grants you the personal, non-exclusive, non-transferable, non-sublicensable, and limited right to access and use the Site and Services.
2.1. Eligibility Criteria.
To qualify for registering a Crosswavepay Account and utilizing Crosswavepay Services, you must meet the following conditions:
2.2 Modifications to Eligibility Requirements.
We retain the right to alter our eligibility requirements at any time, based solely on our discretion. Although we strive to provide advance notice for such modifications, there may be occasions where immediate changes are necessary without prior warning. These situations may include, but are not limited to:
3.1. Reaching Out to Us.
For detailed information about Crosswavepay, please visit our website. If you have any inquiries, suggestions, or complaints, you can reach our Customer Support team through your client profile page or via the contact information provided at the bottom of our website, or reach out directly via email at business@crosswavepay.com. Specific notices may require distinct contact details, which will be provided in relevant sections of these Terms. Please note that the general contact address may not be monitored for all types of notices.
3.2. How We Will Connect with You.
We will use the contact information you provide to stay in touch with you. This may include emails, SMS, or phone calls. It's crucial to keep your contact details accurate and up to date. If there are any changes to your contact information, please inform us immediately. Failure to do so may result in you missing important updates, notices, or other critical information from us.
4.1. Specific Product Terms.
After successfully creating a Crosswavepay Account, you gain access to a variety of Crosswavepay Services. Your use of these services is governed by these Terms as well as additional Product Terms specific to each service. Each Crosswavepay Service may have unique conditions, guidelines, and requirements that you must adhere to. It's essential to review these Product Terms carefully to understand how to properly use each service and any specific obligations you may have.
4.2. Third-Party Providers.
You acknowledge and agree that certain Crosswavepay Services are facilitated by third-party providers. These third-party entities are responsible for delivering specific functionalities or components of the Crosswavepay Services. While we carefully select and partner with reputable third parties, we do not have direct control over their operations. Therefore, your use of services provided by third-party providers is subject to their terms and conditions, and Crosswavepay is not liable for any issues arising from third-party services. It's important to familiarize yourself with the terms and policies of these third-party providers to ensure a seamless experience.
5.1. Payment of Service Fees.
You agree to pay all applicable fees related to your use of Crosswavepay Services. These fees are customized for each service and transaction, and are displayed on the client dashboard once you have successfully registered and passed verification. Additionally, specific fees may be communicated to you through relevant Product Terms.
You grant us permission to withdraw all applicable fees, commissions, interest, charges, and other amounts due from your Crosswavepay Account as specified in the fee details displayed on your client dashboard. If you owe an amount in a particular Digital Asset and do not have enough of that asset in your account, we reserve the right to convert and withdraw the necessary amount from another Digital Asset you hold. This conversion will be carried out at the prevailing rate on our Platform or another commercially reasonable rate we choose. Should your account lack sufficient Digital Assets, any outstanding amounts will become an immediate debt to us, payable in a form we reasonably determine.
5.3. Adjustments to Fees.
We retain the right to revise our fee structure from time to time. Any changes to the fees will be implemented following the procedures outlined in clause 13.3 of these Terms.
5.4. Conclusiveness of Calculations.
All calculations conducted by Crosswavepay regarding the Crosswavepay Services are considered definitive and binding, except in cases of obvious error. These calculations are carried out based on the specific methodologies applicable to each Crosswavepay Service, executed with our best judgment and integrity.
6.1. Account Creation.
To access Crosswavepay Services and utilize our Platform, you must create and maintain an active Crosswavepay Account. This account can be for individual users or for corporate entities, organizations, or other legal entities. The approval and provisioning of all Crosswavepay Accounts are at our sole discretion. We reserve the right to decline any account application without providing a reason and to limit the number of accounts you may hold.
6.2. Exclusive Use.
By creating a Crosswavepay Account, you agree to the following:
6.3. Identity Verification.
To open a Crosswavepay Account and use our services, you must comply with our identity verification procedures. This involves providing accurate and complete information about yourself and, if applicable, your Authorized Users. You must update this information promptly if any changes occur. To use Crosswavepay Services, you must comply with our regulatory and legal requirements. This involves providing necessary information for identity verification and compliance with anti-money laundering (AML) and know-your-customer (KYC) regulations. This process includes submitting personal data as outlined in our Privacy Policy. Your account will remain inactive until we complete this verification process to our satisfaction. You consent to us carrying out necessary checks, either directly or through third parties, to verify your identity and prevent financial crimes. This may involve sharing your personal data with verification agencies, who will process these inquiries on our behalf. For more information, please refer to our Privacy Policy.
6.4. Additional Due Diligence.
We may require enhanced due diligence procedures, including additional information about you or your business, further documentation, or in-person meetings with Crosswavepay representatives. This is particularly applicable for clients in certain jurisdictions or as required by our policies.
6.5. Data Retention.
We retain your personal data to facilitate continued use of Crosswavepay Services and comply with legal requirements, such as tax, accounting, and anti-money laundering laws. Our Privacy Policy provides more information on how we collect and use your personal data.
6.6. Sub-Accounts.
At our discretion, you may create and access sub-accounts within your Crosswavepay Account. Each sub-account must be associated with a single individual or corporate entity and comply with our identity verification requirements.
7.1. When Additional Information Is Needed.
Crosswavepay reserves the right to request additional information and documentation from you at any time. This is necessary to comply with applicable laws, identity verification requirements, and to prevent financial crimes such as money laundering, terrorist financing, and fraud. You agree to provide any requested information, including personal details and documents related to the nature of your transactions. We will retain this information for the duration of your Crosswavepay Account's active period, or as long as required by applicable laws.
7.2. Outcomes of Providing Information.
Providing the requested information may impact your access to your Crosswavepay Account and the transaction limits applicable to your use of Crosswavepay Services. Our compliance and payments team will review the submitted documents. If everything is in order, any restrictions on your account will be lifted, allowing you to continue using our services without interruption. If there is a reasonable suspicion that the information provided is inaccurate, false, outdated, or incomplete, we may request corrections or additional information to ensure accuracy.
7.3. Implications of Not Providing Information.
You are required to comply with any information requests promptly. If you fail to provide the requested information or do not comply in a timely manner, Crosswavepay reserves the right to suspend or terminate your access to your Crosswavepay Account and related services without prior notice. This action may be taken immediately to ensure compliance with legal and regulatory requirements and to protect the integrity of our platform.
8.1. Viewing Your Transaction History.
You can access your transaction history through your personal dashboard. It is crucial that you regularly review your account activity and report any errors or discrepancies within thirty (30) calendar days of the history being made available to you.
8.2. Correcting Errors.
We hold the right to amend any inaccuracies in your transaction history at any time. This may involve nullifying, canceling, or adjusting transactions that are affected by a significant error, or altering the transaction details to what we reasonably determine to be accurate and fair.
You understand and agree that if you engage in transactions with improper intent, or if a significant error is detected, Crosswavepay is empowered to:
Should Crosswavepay nullify a transaction under these provisions, any digital asset transfers linked to that transaction will be reversed as if the transaction never occurred. If Crosswavepay adjusts a transaction, the revised details will be communicated to you through an agreed channel, and the necessary digital asset transfers will be executed to reflect the updated transaction terms.
You agree that you are solely responsible for your interactions with third parties that may be related to or dependent on any transactions that Crosswavepay may cancel or amend under these terms.
8.3. Information Sharing.
We may need to share information regarding your Crosswavepay account and transaction history with third-party providers as required by these terms or applicable law. You agree that we are authorized to disclose such information. For more details on how we handle your personal data, please refer to our Privacy Policy.
9.1. Commands and Instructions.
You shall be liable for any instructions provided to the platform. We disclaim any responsibility for inaccuracies or errors in the commands and instructions you submit. We do not actively monitor your instructions and therefore will not reject instructions on the basis of potential errors. However, if we detect suspicious activities that suggest invalid instructions, we reserve the right to reject and investigate such instructions further. Once instructions are submitted, they cannot be withdrawn. It is your responsibility to ensure the validity and accuracy of your instructions. We reserve the right to record all your instructions.
9.2. Response to Instructions.
By submitting instructions on your Crosswavepay accounts, you authorize us to execute transactions, including buy/sell orders and other services provided by Crosswavepay, on your behalf. Your instructions permit us to debit or credit your account and settle transactions through third-party providers or any integral features of Crosswavepay. We reserve the right to adjust the balance of your digital assets or fiat currencies as per your instructions. If your balance is insufficient to cover the fees associated with your instructions, we reserve the right to refuse the transaction and inform you of the reason for the rejection. We also reserve the right to reject your instructions if your balance is insufficient to conduct the operations.
9.3. Privacy and Protection of Instructions.
You acknowledge that your instructions may be transmitted through internet service providers and third-party providers, such as email or database service providers. Consequently, we do not guarantee that your instructions will be free from unauthorized access, and you assume this risk.
9.4. Withdrawals.
Subject to these Terms and provided that you have a sufficient balance in your Crosswavepay account, and your digital assets or fiat funds are not on hold, you may instruct us to transfer these funds to an external wallet address or bank account by submitting a request through your dashboard.
Upon receiving your request, Crosswavepay will:
We reserve the right to decline processing any transaction if we identify any risks associated with it, including but not limited to compliance with Anti-Money Laundering (AML) regulations or terrorism financing rules.
10.1. Submitting into Transactions.
Crosswavepay does not guarantee the successful execution of any instructed and submitted transactions, nor does it guarantee that such transactions will be executed within a specific timeframe. We disclaim any liability for any delays or failures in the execution of transactions.
10.2. Unverified Transactions.
You are solely responsible for all transactions submitted from your account. It is your responsibility to ensure that your account is secured with multiple levels of security measures for authorization and transaction approval. We do not accept any liability for transactions that are not authorized by you. While we may assist in investigating unauthorized transactions, we do not assume responsibility for them. It is crucial that you take appropriate steps to protect your account from unauthorized access and ensure the integrity of your account credentials.
10.3. Retention of Transaction Information.
Your transaction information may be shared with third-party providers to ensure compliance with Anti-Money Laundering (AML) regulations and to adhere to our compliance processes. We may share your transaction and personal data with third parties, including but not limited to liquidity providers, fiat partners, and external compliance forces. This sharing of information is necessary to facilitate the provision of services, maintain the integrity of our platform, and comply with legal and regulatory requirements.
11.1. Available Digital Assets.
Crosswavepay provides services and access to the digital assets displayed on your dashboard. The availability of these digital assets may change over time, with certain assets being removed and new ones introduced. We reserve the right to remove cryptocurrencies from the platform if they do not comply with our compliance guidelines or pose a threat to customers or regulatory bodies. Any such removal will be communicated to you via email. We are not responsible for digital assets not listed on our website. If you send an unsupported digital asset to your account, it will be considered lost, and we may be unable to assist in recovering these funds. If recovery is possible, an additional fee may be charged for this service.
11.2. Supported Stable and Asset-Backed Digital Assets.
From time to time, we may support digital assets that are backed by or pegged to another asset, such as fiat currency, commodities (e.g., silver or gold), or other digital assets ("Asset-Backed Digital Assets"). By engaging in transactions involving Asset-Backed Digital Assets, you acknowledge and agree that:
We reserve the right to change, suspend, or discontinue any services related to Asset-Backed Digital Assets at our sole discretion. We make no representations regarding the stability or value of any Asset-Backed Digital Asset, nor the amount or quality of reserves or collateral held by issuers or third parties in relation to such assets.
12.1. Your Obligations.
You are responsible for ensuring that your hardware devices are free from viruses, malware, or any inappropriate material that could jeopardize the security of your account. We disclaim any liability for losses incurred due to your failure to protect your hardware devices. It is imperative that you maintain the integrity and security of your devices to prevent unauthorized access to your account.
12.2. Security Protocols.
You and all authorized users of the account must take proactive measures to safeguard personal information used for authorization on the Crosswavepay platform. This includes:
You must ensure that your email and password are stored securely and promptly inform us if you suspect any unauthorized access to your account.
12.3. Monitoring Your Account Activity.
Regularly review your account activity and transaction history through your user dashboard. If you notice any unusual activity or transactions that you did not authorize, you must notify us immediately.
12.4. Responding to Suspected Security Breaches.
If you suspect a security breach, you must:
We reserve the right to request any documents deemed necessary for identifying the security breach and implementing measures to mitigate further potential threats, and you agree to promptly provide such documents. Additionally, you consent to our sharing of this information with any third parties that may be required to investigate the breach.
13.1. Protocol for Updates.
We reserve the right to amend these terms and conditions at any time during your use of the Crosswavepay platform and its services. Any such changes will be communicated to you via email and will be visible on your personal dashboard. We endeavor to notify you of updates prior to their implementation; however, due to the dynamic nature of the industry, it may be necessary to make rapid updates, limiting our ability to provide timely notice. These changes may include but are not limited to:
13.2. When Changes Come Into Effect.
You will be informed of changes to the terms and conditions via email and/or additional communication channels. If you do not agree to the changes, you have the right to close your Crosswavepay Account in accordance with clause 14.1 of these Terms. Continued access to or use of Crosswavepay Services will constitute acceptance of the updated Terms.
13.3. Changes to Fees.
We may periodically revise our pricing structure. Such changes will be communicated to you via email. If you do not wish to accept the changes, you are free to close your Crosswavepay Account in accordance with clause 14.1 of these Terms. Continued access to or use of Crosswavepay Services will be deemed acceptance of the updated Terms.
14.1. Your Right to Terminate Your Account.
You have the right to close your Crosswavepay account at any time by following the account closure instructions provided on your personal dashboard. There is no fee for closing your account; however, you are responsible for settling any outstanding fees or debts owed to us. By requesting account closure, you authorize us to cancel any open transactions and deduct any outstanding debts from your account balance.
In certain situations, account closure may not be permitted, including but not limited to:
14.2. Post-Closure Procedure.
Upon closing your Crosswavepay account, you have the right to withdraw all remaining funds to an external account. If you do not withdraw your funds within 30 days from the account closure date, your account will be deemed dormant.
14.3. Dormant Account Policy.
If you do not respond within 30 days as stipulated in clause 14.2, we may take the following actions:
You acknowledge that we are under no obligation to pay any rewards, incentives, or interest that might otherwise have been agreed, to your dormant account concerning the digital assets credited to it.
15.1. Our Discretionary Powers.
We retain the right to discontinue, either temporarily or permanently, any or all services or features provided by Crosswavepay at our sole discretion. Specifically, we may:
We will make reasonable efforts to provide you with appropriate notice of such actions. However, there may be instances where we are legally required not to provide such notice due to Applicable Law.
15.2. Your Agreement and Understanding.
You agree and acknowledge that:
15.3. Consequences of Exercising Our Rights.
When we deactivate, suspend, hold, or restrict access to your Crosswavepay account or any part of the services provided by Crosswavepay:
15.4. Unlawful Possession of Funds.
If we receive credible information and have reasonable grounds to believe that any digital asset or fiat currency held in your account is stolen or acquired unlawfully, we may, at our discretion, place a restriction on your funds and your Crosswavepay account. Such a restriction may remain in place until we have sufficient evidence proving that your funds are legitimate and not obtained through unlawful means.
15.5. Access to Crosswavepay Services in Different Jurisdictions.
Residents of certain countries may only be able to access some Crosswavepay services, and these services may vary from time to time. If you travel to a location listed among our Prohibited Countries, access to Crosswavepay services may be blocked. You must not attempt to circumvent any such restriction, including by using a virtual private network (VPN) to alter your IP address.
The intellectual property rights associated with Crosswavepay, including but not limited to its technologies, software, algorithms, and proprietary information, shall remain the sole property of Crosswavepay.
For the duration of these Terms, or until your access to the Crosswavepay Services is suspended or terminated (whichever occurs first), we grant you a non-exclusive, non-transferable license to use the Crosswavepay intellectual property, excluding trademarks, solely as necessary to receive the Crosswavepay Services. This license is granted for non-commercial personal use or internal business purposes, in accordance with these Terms.
18.1. Grant of License by You.
You hereby grant us a perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to use any intellectual property you provide ("User IP") to the extent that it:
18.2. Our Right to Sub-License.
The license granted by you under this clause includes our right to sub-license your User IP to third parties as required to enable Crosswavepay and its affiliates to provide you with the Crosswavepay Services or any portion thereof.
19.1. Ownership of Created IP.
Any intellectual property created by Crosswavepay ("Created IP") shall automatically vest in Crosswavepay upon its creation.
19.2. Assignment of Rights.
You hereby assign to us (and agree to ensure that any agents, representatives, or contractors assign) all present and future rights and interests in the Created IP with full title guarantee. This assignment includes the transfer of all intellectual property rights and interests that may arise in the future. If requested, you agree to (and will ensure that any agents, representatives, or contractors will) sign and execute all necessary documents and perform any acts required by us to perfect the assignments under this clause, without any charge to us.
20.1. Disclaimer of Responsibility.
You acknowledge and agree that:
20.2. Our Discretionary Authority.
We reserve the right, at our sole and absolute discretion, to remove, modify, or reject any content that you submit, post, or display on the Platform or the Sites (including any User Material) for any reason. We may take any actions we deem appropriate, including but not limited to issuing written warnings, removing User Material, seeking damages or other monetary compensation, suspending or terminating your Crosswavepay account, or restricting your access to the Platform and/or the Sites. We also reserve the right to prohibit you from any future use of Crosswavepay Services.
20.3. Recording of Communications.
You consent to our recording of any communications, whether electronic, by telephone, video call, or other means, that occur between you and us in relation to these Terms. Such recordings may serve as evidence of the communications between you and us. You agree that telephone conversations and video calls may be recorded for purposes including, but not limited to, responding to inquiries, ensuring compliance with applicable laws, improving our services, and providing customer support.
By opening a Crosswavepay Account or engaging in any Transactions, and without prejudice to any other restrictions or limitations set forth in these terms, you agree that you and any Permitted User will not:
All documents and information, whether personal or corporate, provided by you are exhaustive, accurate, truthful, and current in every respect, enabling us to accurately assess your eligibility to access the platform or utilize Crosswavepay services.
All decisions made in connection with these Terms have been derived solely from your own independent judgment, following a thorough evaluation of your financial resources, ability, and willingness to assume relevant risks, as well as your financial objectives.
You possess the complete legal authority, power, and capacity to: (1) access and use the Platform and/or the Crosswavepay Services; and (2) enter into, execute, and fulfill your obligations under these Terms and any related agreements.
If you are acting on behalf of a corporation, partnership, or trust:
All necessary consents, permissions, authorizations, approvals, and agreements from third parties, as well as all requisite filings, registrations, and declarations with any regulatory bodies or governmental authorities, have been obtained unconditionally in writing, disclosed to us, and remain in effect.
These Terms and any related agreements represent valid and legally binding obligations, enforceable against you in accordance with their provisions.
Your use of the Platform and/or the Crosswavepay Services, as well as your execution, delivery, and fulfillment of obligations under these Terms and any related agreements, will not:
Service Interruption. We may occasionally suspend access to your Crosswavepay Account and/or Crosswavepay Services for both scheduled and emergency maintenance. While we strive to ensure that transactions on the Platform are processed promptly, we do not make any representations or warranties regarding the time required to complete processing, as this is influenced by numerous factors beyond our control.
Accuracy of Content. Despite our efforts to update the information on the Sites and the Platform, we do not make any representations, warranties, or guarantees, whether express or implied, that the content on the Sites and the Platform, including information related to the Crosswavepay Services, is accurate, complete, or current.
Third-Party Links. Links to third-party websites (including, but not limited to, content, materials, and/or information on those websites) may be provided for your convenience but are not under our control. You acknowledge and agree that we are not responsible for any aspect of the content, materials, information, or services contained in any third-party websites accessible or linked from the Platform or the Sites.
Network Access and Device Compatibility. You are responsible for securing the necessary data network access to use the Crosswavepay Services. Additionally, you are responsible for acquiring and maintaining compatible hardware or devices required to access and use the Crosswavepay Services and Sites, including any updates. Crosswavepay does not guarantee that the Crosswavepay Services, or any part thereof, will function on any particular hardware or devices. The Crosswavepay Services may experience malfunctions and delays inherent in the use of the internet and electronic communications.
Responsibility for Third-Party Claims. You commit to indemnify and hold us harmless, upon our request, from any claims, lawsuits, actions, demands, investigations, or proceedings initiated by any third party, government agency, or regulatory body. This indemnity includes all associated liabilities, damages (whether direct or consequential), losses (including but not limited to direct, indirect, or consequential losses, loss of profits, and reputational harm), costs, and expenses, such as interest, penalties, legal fees, and other reasonable attorney and professional fees and costs ("Losses") arising out of or related to:
Waiver and Release of Claims. You hereby irrevocably and unconditionally release us from any and all claims, demands, and liabilities, and waive any rights you may have now or in the future against us, with respect to any Losses you may suffer or incur arising directly or indirectly from any disputes you have with other users or third parties in connection with the Crosswavepay Services (including transactions involving Digital Assets) or any issues related to these Terms.
Our Responsibility. Crosswavepay and its affiliates shall not be held liable for any loss or damage incurred by you or any third party, except where such loss or damage is solely and directly attributable to Crosswavepay's gross negligence, willful misconduct, actual fraud, or a material and continuing breach of obligations under these Terms. Notwithstanding the foregoing, and regardless of any other provision within these Terms, the cumulative liability of Crosswavepay and all its affiliates shall in no event exceed the total amount of fees paid by you to Crosswavepay in the 12-month period immediately preceding the event that gave rise to the loss. This sum shall constitute full and final settlement and discharge of all liabilities of Crosswavepay and its affiliates for any and all losses and claims arising from the relevant events.
Exclusions and Limitations. To the maximum extent permitted by applicable law, Crosswavepay and its affiliates disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or completely secure.
No Liability for Indirect Damages. Under no circumstances shall Crosswavepay or its affiliates be liable for any indirect, incidental, consequential, special, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
Acknowledgment of Risks. You acknowledge that the use of digital assets involves significant risk. Prices can fluctuate on any given day, and such fluctuations may increase or decrease the value of your assets at any given moment. Accordingly, you should carefully consider whether trading or holding digital assets is suitable for you in light of your financial condition. You understand and agree that you are solely responsible for any decision to buy, sell, hold, or otherwise engage in transactions involving digital assets.
26.1 Limits of Responsibility.
In accordance with these Terms, you acknowledge and agree that Crosswavepay is not liable for:
a. Any direct or indirect losses, including but not limited to loss of profits, business opportunities, or any damages or costs arising from the use of Crosswavepay Services, such as:
b. Indirect Losses. Any loss of business, profits, anticipated savings, opportunities, or any special, punitive, incidental, indirect, or consequential losses or damages related to your use of our platform or services, agreements, or these Terms.
c. Market-Related Losses. Losses incurred due to obvious errors, extreme market volatility, or the cancellation/amendment of any transactions, whether direct or indirect, including loss of profit and opportunity, even if we were aware of or could reasonably foresee such losses.
d. Timely Claims. Losses associated with claims not formally initiated within one year of the incident. This clause modifies any applicable legal limitation periods to the minimum enforceable length if required by law. Additionally, claims must be resolved exclusively through binding arbitration, as detailed in Clause 29.
e. Damage or Interruption. We are not responsible for any damage or interruptions caused by malware, phishing, spoofing, or other attacks on your devices. We recommend regularly using reputable antivirus software. Be cautious with SMS and email communications, as they are susceptible to spoofing and phishing attacks. You and your Permitted Users are responsible for safeguarding your login credentials and security details at all times.
27.1. Initial Contact and Internal Resolution.
If you have any issues with Crosswavepay Services, please contact us first...
27.2. Notice of Claim.
If the dispute cannot be resolved internally and you wish to pursue a claim against Crosswavepay, you must submit a written "Notice of Claim"...
27.3. Prerequisites for Legal Proceedings.
Submitting a dispute to Crosswavepay for internal resolution and delivering a Notice of Claim are mandatory steps before initiating arbitration or any other legal proceedings.
27.4. Confidentiality During Arbitration.
During arbitration, neither party will disclose the amount of any settlement offered to the arbitrator.
28.1. Arbitration Jurisdiction and Governing Law.
Unless otherwise mandated by applicable law or providing an alternative choice, you and Crosswavepay agree that any claim will be resolved through final and binding individual arbitration.
28.2. Language of Arbitration.
The arbitration proceedings will be conducted in English.
28.3. Notice of Arbitration Commencement.
If Crosswavepay initiates arbitration against you, we will notify you at the email address or mailing address you have provided. Such notice will be deemed effective for all purposes, including determining the adequacy of service. It is your responsibility to ensure that the email and mailing addresses on file with Crosswavepay are current and accurate.
29.1. Confidential Nature of Arbitration.
Both parties agree to maintain the confidentiality of the arbitration proceedings. This includes the existence of the arbitration, the content of the claim, all documents and information exchanged, and any submissions, orders, or awards made. However, disclosure is permitted in the following circumstances:
a. With written consent from the other party;
b. As required by applicable law or regulations of any relevant regulatory or supervisory authority;
c. In connection with the initiation, defense, or enforcement of any legal proceedings to challenge or enforce an arbitration award;
d. If the information is publicly available through no breach of this agreement.
The confidentiality obligations outlined in this clause will survive the termination of these Terms and the conclusion or suspension of any arbitration initiated under these Terms.
You hereby waive any right to bring any claim, dispute, or controversy against Crosswavepay as a class, collective, representative, or mass action, whether through arbitration or otherwise. Any claim you bring must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or mass proceeding.
The arbitrator shall have no authority to hear or arbitrate any class, collective, representative, or mass action, nor to consolidate or join claims of other persons or parties who may be similarly situated. Should this class action waiver be deemed unenforceable, the entirety of the arbitration agreement shall be null and void.
Notwithstanding any other clause in these Terms, this class action waiver shall survive the termination of these Terms.
31.2. Notices.
Notices from us to you will be delivered to the email address you provided during registration. You must provide notices to us only as directed, which may be updated periodically. All notices under these Terms and Conditions must be in writing and in the English language.
31.3. Updates.
All official updates, modifications, or amendments to these Terms will be communicated through the customer dashboard on our platform or via email. It is your responsibility to regularly check for such updates and stay informed about any changes.
31.4. Complete Agreement.
The Terms, along with any applicable Product Terms, represent the entire agreement between you and us regarding the Crosswavepay Services. Both parties acknowledge that they have not relied on any statement, representation, assurance, or warranty (whether made negligently or innocently) that is not expressly outlined in the Terms or any Product Terms.
31.5. Assignment.
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent, which may require additional information or enhanced due diligence. We reserve the right to assign or transfer any of our rights or obligations under these Terms at any time to any other entity, including but not limited to situations involving mergers, acquisitions, or other corporate reorganizations involving Crosswavepay.
31.6. Severability.
If any provision or part of a provision of these Terms is found to be illegal, invalid, or unenforceable, such provision will be modified to the minimum extent necessary to make it enforceable. If such modification is not possible, the affected provision or part will be severed, and the remaining provisions of these Terms will continue in full force and effect.
31.7. Communication Records.
You consent to us recording all telephone, email, and chat conversations, as well as any other forms of communication, including those used to give instructions or effect transactions between you and us. These recordings will be our exclusive property and may be used as evidence in any disputes or legal proceedings.
31.8. Language.
These Terms may be translated into other languages for your convenience. In the event of any inconsistency or ambiguity between the English version and a translated version, the English version shall prevail.
31.9. Continuation of Obligations.
All provisions of these Terms that inherently extend beyond the termination or expiration of these Terms shall remain in effect and continue to be binding upon the parties even after such termination or expiration.
31.10. Digital Asset Recording.
We document in your Crosswavepay Account the quantity and type of any digital assets credited to you. Digital assets held by Crosswavepay on your behalf will not be segregated in separate wallets from those held for other users or for our business operations. Crosswavepay utilizes an internal ledger system to track customer entitlements to digital assets. Each user will have a ledger-based (off-chain) account within the Crosswavepay system, identified by a unique identifier (UID) and associated login credentials, which records their credit balances. Crosswavepay does not act as a trustee for these digital assets and does not owe any trustee duties. When you instruct Crosswavepay to transfer or manage digital assets, we will not use specifically identifiable assets but will use assets of the same quantity and type as those credited to your account. You will not have a right to specific digital assets, but rather to an equivalent quantity and type.
31.11. Unforeseen Events.
We are not liable for any delays or failures to perform our obligations under these Terms due to circumstances beyond our control, such as natural disasters, wars, or other events of force majeure.
31.12. No Waiver.
Any delay or failure by us to enforce any right or remedy under these Terms does not constitute a waiver of that right or remedy. All rights and remedies available to us under these Terms are cumulative and do not exclude any other rights or remedies provided by law.
31.13. Right of Set-Off.
In addition to any other legal remedies available, we may offset any amounts you owe us against any amounts we owe you. You must pay all sums due to us in full, without any set-off, counterclaim, deduction, or withholding, except as required by law.
31.14. Privacy of User Information.
If you obtain information about another user through our Platform or Services, you must keep it confidential and use it only for purposes related to the Crosswavepay Services, in compliance with applicable laws. You must not disclose or distribute any user information to third parties or use it in any other way except as necessary to complete a transaction.
31.15. Disclosure of Breaches.
If you breach these Terms, Crosswavepay may disclose details of the breach and any related information you have provided to us, where necessary to protect other users and in accordance with applicable laws.
31.16. Account Holder's Death.
In the event of your death or incapacity, your legal representatives or beneficiaries must notify us in writing. If we have reason to believe you have died, we may suspend your Crosswavepay Account until:
31.17. Tax Obligations.
You are solely responsible for determining and managing your tax obligations related to payments and transactions made or received through the Crosswavepay Services. This includes collecting, reporting, and remitting the correct amounts to the relevant tax authorities. We do not assume any responsibility for determining the applicability of taxes to your transactions or for collecting, reporting, or remitting taxes arising from your use of the Crosswavepay Services.
You acknowledge that Crosswavepay may provide certain transaction reports to tax authorities and may, at its discretion or as required by law, furnish you with documentation or records necessary for calculating your tax liabilities. Additionally, we reserve the right to withhold and deduct any applicable taxes from your transactions as required by law.
30. Class Action Waiver
You hereby waive any right to bring any claim, dispute, or controversy against Crosswavepay as a class, collective, representative, or mass action, whether through arbitration or otherwise. Any claim you bring must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or mass proceeding.
The arbitrator shall have no authority to hear or arbitrate any class, collective, representative, or mass action, nor to consolidate or join claims of other persons or parties who may be similarly situated. Should this class action waiver be deemed unenforceable, the entirety of the arbitration agreement shall be null and void.
Notwithstanding any other clause in these Terms, this class action waiver shall survive the termination of these Terms.
a. The headings and numbering of clauses are provided for convenience only and do not influence the interpretation, precedence, or meaning of any clause or sub-clause within these Terms.
b. The terms "include" and "including" are to be understood as "including without limitation."
c. Any commitment to perform or refrain from performing an act shall be construed as including a commitment not to allow or tolerate the performance of that act.
d. Words in the singular form shall be interpreted to include the plural form and vice versa, and words referring to any gender shall include all genders.
e. Any reference to a document pertains to that document as it may be amended, varied, or updated from time to time, provided such changes do not breach these Terms or the document itself.
f. In case of any conflict between these Terms and other referenced documents the following hierarchy of precedence shall apply:
g. Unless the context specifically requires otherwise, the following terms shall have the meanings assigned to them within these Terms.
CrossWavePay provides currency and payment solutions with support from contracted, licensed third-party providers where applicable. Use of our services is subject to our Terms of Service and Privacy Policy.
Registered Address
9266 University Crescent, Burnaby, British Columbia, Canada, V5A 4Z1
Owned and Operated By
1507612 B.C. LTD.
© 2025 CrossWavePay. All rights reserved.
