Terms and Conditions
Important notice
This Application is operated by Sors Technology Limited which trades under the business name Sorted ("Sorted"). These Terms of Use will apply when you use the Sorted Wallet, the Sorted System or the Sorted Services.
Sors Technology Limited is a private company limited by shares incorporated in Hong Kong with business registration number 73844116.
Before proceeding, you must read and agree to these Terms of Use. If you do not agree to these Terms of Use, then you must not use the Account, the Sorted Wallet, the Sorted System or any Sorted Services. If however, you agree to and accept these Terms of Use, you will be given the opportunity to click on the ‘I acknowledge that I have read, understood and agreed to be bound by these Terms of Use’ button which appears at the end of this document, and you will then be able to use the Sorted System, the Account, the Sorted Wallet and Sorted Services under and subject to these Terms of Use.
Cryptocurrencies are volatile. Carefully evaluate your goals and the financial risk you are willing to take before using the Sorted Services. Sorted does not provide financial, tax or legal advice. Decisions to perform any transactions involving cryptocurrencies should be taken on your own. We recommend you seek advice and opinions of reliable and qualified experts in respect of transactions you undertake.
1. Definitions
1.1 In these Terms of Use, the following capitalized terms have the meaning given to them in this paragraph
"Access Channel" means the method or means by which you access your Account and the Sorted Services, including any interface, API, web portal, browser-based application, App Store, mobile application, feature phone interface, SMS, USSD, or other access mechanisms made available by or on behalf of Sorted;
"Account" means the account opened with Sorted by you to access your Sorted Wallet and to use the Sorted Services;
"API" means application programme interface;
"App Stores" means the third party application stores, markets or distribution platforms authorised by Sorted from which you may download or access the Sorted System;
"Charges" means expenses, costs and charges incurred by Sorted and payable by you in respect of Sorted Services, and includes blockchain network charges;
"Confidential Information" means all information related to the Sorted System, the Sorted Services and the business of Sorted that is marked or treated as confidential or secret by Sorted, or should reasonably be regarded as confidential or secret from the applicable context and circumstances;
"Copyright Content" means any software (including machine images), data, text, audio, video, images, or documentation that Sorted publishes or makes available in connection with the Sorted Services that are protected by copyright laws;
"Cryptocurrencies" means digital representations of value which may be in the form of digital tokens (such as utility tokens, stablecoins, security tokens, or asset-backed tokens) based on a cryptographic protocol of a blockchain based network or any other virtual commodities, crypto assets or other assets of essentially the same nature;
"Device" means the computer, mobile phone (including mobile feature phones), tablet or other technology hardware or device used by you to use Access Channels for the Sorted Services;
"Fees" mean fees payable by you to Sorted in respect of Sorted Services;"Intellectual Property Rights" means all intellectual property rights including patents, trademarks, design rights, copyrights, database rights, trade secrets, know-how and all rights of an equivalent nature.
"Login ID" means your screen name from registering with the Sorted System;
"Password" means the password you selected upon registration with the Sorted System to access your Account and the Sorted Services through the Sorted System, as updated from time to time;
"Privacy Policy" means the privacy policy from time to time of Sorted, which may be viewed here.
"Prohibited Acts" means the acts set out in paragraph 5;
"Restricted Locations" means the countries or jurisdictions subject to prohibitions or restrictions on accessing or using the Sorted System and Sorted Services.
"Security Credential" means your Login ID, Password, any one-time password (OTP), recovery code, or other security credential or information that is part of our security procedures; "Sorted Services" means one or more services provided by Sorted;
"Sorted Wallet" means the Wallet made available by Sorted for which the private keys are generated, held, and controlled exclusively by you and are not unilaterally accessible to, recoverable by or controlled by Sorted, and excludes the Access Channels, the Device and Cryptocurrencies used for the purpose of or in connection with the Sorted Services;
"Sorted System" means the integrated combination of software, services, cryptographic components, interfaces, infrastructure, and related technological elements used by or on behalf of Sorted to deliver the Account, the Sorted Wallet and the Access Channels used for the purpose of performing the Sorted Services or providing access to Third Party Services;
"Terms of Use" means the terms of these Terms of Use;
"Third Party Services" means products, services or content of third parties accessible from the Sorted System;
"Wallet" means the combination of software, hardware, cryptographic keys, credentials, and related technical components that enables a user or system to generate, store, manage, and use asymmetric cryptographic key pairs for the purpose of controlling, authorising, and initiating transactions involving Cryptocurrencies, including by creating and signing transaction data and communicating such signed transactions to the relevant blockchain network.
1.2 Section headings in these Terms of Use are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms of Use.
1.3 In these Terms of Use, the words importing the singular shall include the plural and vice versa unless the context under these Terms of Use clearly indicates the contrary.
2. Acceptance
2.1 You represent and warrant that:
(a) (if you are an individual) you are 18 years or older;
(b) (if you are a corporation) you are duly incorporated and organised, and validly existing, under the applicable laws of the jurisdiction of your organisation, and any person performing any act in relation to your Account, the Sorted Wallet or the Sorted Services under these Terms of Use is duly authorised by such legal entity to act on its behalf;
(c) you have the authority and capacity to enter into a legally binding contract with Sorted;
(d) you are not barred under any applicable laws or contracts from entering into a legally binding contract with Sorted or to use the Sorted Services;
(e) all information and details you provide to us are true, current, complete and not misleading;
(f) you are not a resident, or a tax resident of, and do not otherwise have any relevant connection with, any Restricted Locations;
(g) you are not located in, under the control of, or a national, citizen or resident of any Restrict Locations;
(h) you do not intend to transfer or provide Cryptocurrencies to, or receive Cryptocurrencies from, anyone in any Restricted Locations or any person that is on any of the sanctions lists published and maintained by the United Nations, European Union, the governments or government bodies of any European Union country, the United Kingdom, the United States of America (including the US Office of Foreign Assets Control) or any country subject to a comprehensive sanctions program implemented by the United States of America; and
(i) you are not on any of the sanctions lists published and maintained by the United Nations, European Union, the governments or government bodies of any European Union country, the United Kingdom, the United States of America (including the US Office of Foreign Assets Control) or any country subject to a comprehensive sanctions program implemented by the United States of America.
2.2 Sorted reserves the right to request written confirmation, or to seek additional documents or information, regarding your authority to agree to these Terms of Use.
2.3 Sorted reserves the right to refuse access to any users to our Sorted System or the Sorted Services if Sorted, in its absolute discretion, deems such refusal necessary.
2.4 You represent and warrant that neither you nor anyone authorised by you:
(a) have been convicted for any computer or internet related crime;
(b) are located in a region that is prohibited from using the Sorted Services by law; and
(c) have been refused Sorted Services by Sorted in the past.
2.5 Your application to create an Account and a Sorted Wallet constitutes:
(a) your representation and warranty that you have read these Terms of Use carefully and in their entirety;
(b) your acceptance of these Terms of Use; and
(c) your undertaking to us to comply with them.
2.6 If you do not agree to these Terms of Use, you must not use the Sorted System or the Sorted Services.
2.7 You must expressly agree to these Terms of Use to:
(a) register your details with our Sorted System;
(b) create an Account and a Sorted Wallet;
(c) submit information to or via our Sorted System;
(d) access your Sorted Wallet through the Sorted System; or
(e) use the Sorted Services.
2.8 By visiting our Sorted System, creating an Account and a Sorted Wallet, accessing the Sorted System, using the Sorted Services or agreeing to these Terms of Use:
(a)you also agree and consent to our Privacy Policy. Our Privacy Policy can be reviewed here; and
(b) you consent and agree to comply with our Acceptable Use policy (see paragraph 5 below for further details).
2.9 We recommend you save or print a copy of these Terms of Use for future reference.
3. Registration
3.1 As a condition to using the Sorted Services, you will be required to:
(a) register with Sorted and create an Account and a Sorted Wallet;
(b) select a password ("Password"); and
(c) select an email address or phone number as your log-in ID ("Login ID").
3.2 You will provide Sorted with accurate, complete, and updated registration information and documents. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your Account. You agree to indemnify Sorted, our associated companies, and any third-party service providers from and against any and all losses and damages incurred as a result of your failure to provide accurate, complete and updated information to Sorted. If we believe documents you have provided us are not current, accurate, authentic, true, or complete, or are misleading, or have been tampered with, or those documents otherwise fail our compliance and security standards for any reason, we may cease all steps to register your details, approve an Account, provide access to the Sorted Services, create a Sorted Wallet for you, or otherwise engage with you. We will not be required to provide you with any comment or feedback in these circumstances.
3.3 We may request information and details about you as we consider necessary or appropriate. This may include your name, password, e-mail address, postal address, telephone number, ID number, birthdate, taxpayer identification number, national identity number, voter registration number, personal bank or card account details. You will provide information and details to us promptly when requested by us, and as prompted by our registration and verification process or as prompted at any time following creation of an Account. You will promptly update any information or details you provide to us so your information and details with us are complete and accurate at all times.
3.4 We may verify your details, at any time, by requesting certain documents and information from you. These may include constitution documents and copies of business registrations or registers in respect of business entities, and government issued passports or identification documents of individuals.
3.5 We may perform further background checks or conduct other inquiries on you conducted by any third party whom we select and appoint. We may take all actions we consider appropriate or necessary arising from those checks and inquiries, and we will not be required to provide you comment or feedback on them. You authorise us to conduct background checks and conduct inquiries in respect of you, and to disclose your personal data and other documents and information to third party service providers in respect of those background checks and inquiries.
3.6 You must not:
(a) select or use an Account or a Sorted Wallet of another person with the intent to impersonate that person;
(b) use an Account or a Sorted Wallet subject to any rights of a person other than you without appropriate authorisation; or
(c) use as a Login ID words that are otherwise offensive, vulgar or obscene.
3.7 Sorted reserves the right to refuse registration of, suspend access to, or cancel an Account or a Sorted Wallet in its sole discretion.
3.8 (a) You are solely responsible for activity that occurs in your Account or Sorted Wallet.
(b) You must never use another person’s Account or Sorted Wallet.
(c) You may not create or use an Account or a Sorted Wallet in any manner that is not authorised or approved by us
(d) You may not assist others to create or use an Account or a Sorted Wallet in an unauthorised manner.
(e) You must not distribute instructions, software or tools for the purpose of creating or using an Account or Sorted Wallet in an unauthorised manner.
(f) Any Account created or used in an unauthorised manner will result in the immediate suspension or termination of the Account.
4. Security
4.1 We may provide you with security alerts from time to time. We will not in any manner be held responsible for any damages or losses arising from or in connection with your failure to properly and fully follow or act upon any security alerts we send you.
4.2 (a) If you choose or you are provided with Security Credentials, you must treat that information as confidential. You must not disclose it to any third party.
(b) We have no obligation to maintain your Login ID and Password. We will assist you in retrieving your Login ID and Password if you misplace, forget or lose that information but we cannot guarantee the retrieval will be successful.
(c) You are responsible for maintaining the confidentiality of any Security Credential used to access the Sorted System and the Sorted Services.
(d) You must not disclose OTPs or Security Credentials to any person (including anyone claiming to be our staff or representative).
4.3 We have the right to disable, temporarily suspend or refuse any access to any Account or Sorted Wallet at any time (including to block your Device number or internet protocol address for access to the Sorted System), if we believe you have failed to comply with any of the provisions of these Terms of Use.
4.4 You must promptly notify us at hello@sortedwallet.com if:
(a) you know or suspect that anyone other than you knows your Login ID or any Security Credential;
(b) you become aware of any unauthorised use of your Account or Sorted Wallet or any other security breach; or
(c) your Device is lost, stolen, shared, compromised, or if the subscriber identity module (SIM) in your Device is replaced or ported.
4.5 You are responsible for any activity on our Sorted System or in respect of Sorted Services arising out of any failure to keep your Account, Login ID or any Security Credential confidential, and may be held liable for any losses arising out of such failure. Any compromise of your Login ID or other Security Credential may expose your Account and Sorted Wallet to unauthorised access by third parties, which may result in loss or theft of Cryptocurrencies in your Sorted Wallet. Sorted has no obligation to maintain your Account, Login ID or any Security Credentials. Sorted will not be responsible or liable if you misplace, forget or lose your Account name, Password or other Security Credential.
4.6 You are also responsible for ensuring that all persons who access our Sorted System, your Account (through your Login ID and Password) or the Sorted Services are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them. If you (or any person accessing the Sorted System, the Sorted Wallet or Sorted Services through your Account) are in breach, or suspected to be in breach, of these Terms of Use, we may disable, delete, suspend or cancel your Account or Sorted Wallet, or block your access to the Account through an internet protocol block.
4.7 You must not sell, trade, assign or otherwise transfer your Account or Sorted Wallet to any other person.
4.8 You must not use methods to conceal the location, Device number or the internet protocol address, from which you access the Sorted System, and you must disclose to Sorted your accurate and true location when accessing the Sorted System and using the Sorted Services.
4.9 You acknowledge that SMS and mobile network communications may be subject to interception, delay, SIM swap or port-out fraud, and other security risks outside our reasonable control.
5. Acceptable use
5.1 You must not (“Prohibited Acts”):
(a) use the Sorted Services, your Account, your Sorted Wallet, or the Sorted System in any way or take any action that causes, or may cause, damage to the Sorted Services, your Account, your Sorted Wallet, or the Sorted System or impairment of the performance, availability or accessibility of the Sorted Services, your Sorted Wallet, or the Sorted System;đ
(b) use the Sorted Services, your Account, your Sorted Wallet, or the Sorted System in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use the Sorted Services, your Account, your Sorted Wallet, or the Sorted System to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, or data harvesting) on or in relation to the Sorted Services, your Account, your Sorted Wallet, or the Sorted System without our express written consent;
(e) access or otherwise interact with the Sorted Services, your Account, your Sorted Wallet, or the Sorted System using any robot, spider or other automated means;
(f) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or in any manner make any attempt to access the source code (whether to create derivative works of the source code, or otherwise);
(g) sell, assign, sublicence, transfer, distribute or lease your access to the Sorted System;
(h) violate the directives set out in the robots.txt file for the Sorted Services, your Account, your Sorted Wallet, or the Sorted System;
(i) use data collected from the Sorted Services, your Account, your Sorted Wallet, or the Sorted System for any direct marketing activity (including email marketing, SMS marketing, telemarketing or direct mailing);
(j) use data collected from the Sorted Services, your Account, your Sorted Wallet, or the Sorted System to contact individuals, companies or other persons or entities;
(k) make the Sorted System available to any third party through a private computer network;(l) edit or otherwise modify any content or paper or digital copies of any materials printed off or copied from our Sorted System in any way;
(m) use the Sorted Services, your Account, your Sorted Wallet, or the Sorted System in a manner prohibited by any laws or regulations which apply to the use of the Sorted Services, your Account, your Sorted Wallet, or the Sorted System;
(n) transmit any material that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortuous, defamatory, obscene, libelous, is hateful or racially or ethnically offensive;
(o) directly or indirectly, decompile, disassemble, reverse engineer or otherwise attempt to derive the structure of the Sorted Services, the Sorted System or your Account, your Sorted Wallet, or the source code from the Sorted Services, the Sorted System or your Account, your Sorted Wallet; and
(p) use or access the Sorted Services, your Account, your Sorted Wallet, or the Sorted System in order to build a similar or competitive product or service or disclose to any third party any benchmarking or comparative study involving the Sorted Services.
5.2 You must ensure that all the information you supply to us:
(a) is true, accurate, current and complete, and is not misleading;
(b) complies with all applicable laws and regulations;
(c) does not infringe the privacy, personal data protection, confidentiality or intellectual property rights or other rights of any person; and
(d) is not offensive, abusive, pornographic, defamatory, unreliable, misleading, illegal or otherwise objectionable.
5.3 Please email us at hello@sortedwallet.com with details if you learn of any material or activity on our Sorted System or in respect of the Sorted Services that breaches these Terms of Use or of any Prohibited Acts. You will provide Sorted with any reasonable assistance in relation to any investigation that Sorted may conduct as a result of the information provided by you in this respect.
6. The Sorted Wallet and the Sorted System
6.1 The Sorted System, and the information and content available on or in the Sorted System, are protected worldwide by copyright laws ("Copyright Content"). Subject to the terms of these Terms of Use, Sorted grants you a limited right to use portions of Copyright Content to access the Account, the Sorted Wallet and the Sorted System, and to use the Sorted Services or to access the Third Party Services for your personal or internal business purposes.
6.2 Upon being successfully registered with Sorted, you will be granted access to your Sorted Wallet through the Sorted System, which enables you to:
(a) access the means to perform operations on various blockchain networks in accordance with their respective protocol rules, including to store, receive, track and transfer certain supported Cryptocurrencies in your Sorted Wallet to another wallet;
(b) view the balance of Cryptocurrencies in your Sorted Wallet; and
(c) connect with and access Third Party Services (subject to whether the Third Party Services are supported by Sorted.Subject to these Terms of Use, Sorted grants you a non-assignable, non-transferable, non-licensable, revocable, and non-exclusive right to use the Sorted System for your personal or internal business purposes.
6.3 The Sorted System is locally installed and will be accessible from your own local Device. You are responsible for the security of your Device on which the Sorted System is installed, or is accessed, including ensuring that you keep anti-virus software current and otherwise protect the device against malware. Sorted is not responsible for any loss or damages (including loss of Cryptocurrencies) resulting from your failure to keep the device safe and free of any malware.
6.4 You may be required to accept or install updates to the Sorted System, or update third-party software (such as browsers or operating systems), in order to access the Sorted Wallet or the Sorted Services, or access their latest features, including security updates. Sorted may update the Sorted System and Sorted Services at any time, without providing notice.
6.5 By accessing the Account and using your Sorted Wallet through the Sorted System, you agree not to:
(a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Sorted Services or the Copyright Content, or any portion thereof;
(b) frame or enclose any trademark, logo or other Copyright Content (including images, text, page layout or form);
(c) copy, reproduce, distribute, republish, download, display, post or transmit any Copyright Content except as expressly permitted by these Terms of Use; and
(d) remove or destroy any copyright notices or other proprietary markings contained on or in the Sorted Services or the Copyright Content.
6.6 Sorted does not guarantee the correct functioning of the Sorted System in the event of the installation or use of programs or applications that do not conform to Sorted System specifications and technical standards.
6.7 Sorted does not guarantee that the Sorted System will always be available or be uninterrupted. Sorted may stop, suspend or withdraw or restrict the availability of all or any part of the Sorted System for business or operational reasons, including:
(a) compliance with the terms of any third party contract;
(b) the illegality or unlawfulness of the continued provision of the Sorted System under or according to any law, regulation, guideline or request of any regulatory authority; or
(c) a claim or potential claim that continued provision of the Sorted System infringes or violates the rights of any third party.Sorted will use reasonable endeavours to give you reasonable notice of any suspension or withdrawal to the extent that circumstances or applicable laws permit. You will not be entitled to any compensation or other payment upon the discontinuance, suspension, withdrawal or alteration of the Sorted System.
6.8 Sorted may make a prior version of the Sorted System obsolete at any time.
6.9 Sorted will not have any obligation to provide any support to any prior version of the Sorted System after they are made obsolete.
7. Cryptocurrencies and blockchain
7.1 The Cryptocurrencies that you store in the Sorted Wallet may be subject to other terms and conditions that may be imposed by third parties. These third party terms may govern your use, storage and transfer of your Cryptocurrencies. It is your responsibility to understand applicable third party terms and conditions, and whether your use, storage and transfer of your Cryptocurrencies complies with such other terms and conditions or third party terms.
7.2 Only certain Cryptocurrencies are supported by the Sorted Services. Sorted may update the supported Cryptocurrencies from time to time, and will announce such updates on the Sorted System. Sorted will not be responsible to ensure you are informed of the update. You are responsible to keep yourself informed. Sorted will not be liable for any losses if you transfer unsupported Cryptocurrencies into the Sorted Wallet.
7.3 You represent and warrant that:
(a) you have the necessary right to use, store, receive, share, display and transfer your Cryptocurrencies, and such use, storage, sharing, displaying, receiving and transferring of your Cryptocurrencies will not infringe the rights of any third party or breach any applicable law;
(b) you have sufficient knowledge and experience in blockchain technology, and sufficient prior experience in buying, selling, storying and holding Cryptocurrencies; and
(c) you have consulted or have been given the time and opportunity to consult your own legal, financial and tax advisers in respect of your use of the Sorted System, your Account, Sorted Wallet, the Sorted Services and in respect of any transactions involving Cryptocurrencies.
7.4 When transferring your Cryptocurrencies from your Sorted Wallet, you are responsible for checking and confirming that the recipient wallet address or public key information:
(a) supports the storage of your Cryptocurrencies;
(b) is valid and is compatible with the applicable token standard; and
(c) is correct.
Sorted is not liable for any losses of your Cryptocurrencies and will not assist you in retrieving such lost Cryptocurrencies if you fail to do so.
8. Services
Sorted Services
8.1 Sorted Services allow you to:
(a) manage, change and retrieve your Login ID and Password;
(b) view and access your transaction history;
8.2 Notwithstanding the above, you are responsible to:
(a) create and remember a strong Password that you do not use for any other service;
(b) protect and keep your recovery information secure and confidential; and
(c) protect access to your Sorted Wallet.
8.3 We may change, update or suspend the Sorted Services, temporarily or indefinitely, so as to carry out work (including firmware and software updates), maintenance operations, amendments to the servers and bug fixes. Sorted will use reasonable efforts to give you prior notice of any significant disruption of the Sorted Services but will not be liable for any such disruption.
8.4 Sorted does not guarantee the correct functioning of the Sorted Services in the event of the installation or use of programs or applications that do not conform to Service specifications and technical standards.
8.5 Sorted may make any Sorted Service obsolete as a whole at any time.App Stores
8.6 You acknowledge that:
(a) the Access Channels may include access to the Sorted System derived or downloaded from or using App Stores;
(b) access to us use of the Sorted System may be subject to separate or additional terms and conditions of the relevant App Store;
(c) the terms and conditions of App Stores constitute a separate legal agreement between you and the relevant App Store operator;
(d) Sorted has no control over, and accepts no responsibility or liability for, the terms and conditions of App Stores;
(e) Sorted may be requested to disclose certain documents, information and personal data to the operator of the App Store according to the terms and conditions of the App Store for making the Sorted System available in the App Store, and you authorise us to may all such disclosures; and
(f) Sorted may modify, suspend, or restrict access to all or part of the Sorted System where reasonably necessary to comply with terms that apply to Sorted in respect of the App Store, and any such modification, suspension, or restriction shall not constitute a breach of these Terms of Use or incur any liability to you.
8.7 If fees, charges, or purchases are processed through an App Store, those transactions are conducted by the App Store and are subject to the terms and conditions and payment policies of the relevant App Store. Sorted is not responsible or liable for any fees, commissions, or charges imposed by the App Store operator.
8.8 As between you and Sorted, to the extent there is an inconsistency between these Terms of Use and the terms and conditions of any App Store, then these Terms of Use shall take priority.
Third Party Services
8.9 If your use the Sorted System to access Third Party Services, then:
(a) your use of Third Party Services is subject to separate terms and conditions of the applicable third party service provider;
(b) it is your responsibility to understand the terms and conditions that apply to Third Party Services, including how those service providers use any of your information under their privacy policies;
(c) you are responsible to comply with and fulfill the obligations and conditions of the third party service provider for its Third Party Services, including fees and charges;
(d) the fees and charges of the third party service provider performing Third Party Services are subject to the terms and conditions and payment policies of the relevant third party service provider, and Sorted is not responsible or liable for any fees, commissions, or charges (including gas fees or other transaction costs in respect of Third Party Services) imposed by the relevant third party service provider;
(e) the provision of Third Party Services may be subject to risk disclosures, liability limitation or liability exclusion set out in the terms and conditions of the third party service provider or otherwise incorporated into its provision of Third Party Services; and
(f) you may be requested to authorise the disclosure and sharing of documents, information or personal data in our possession, and upon you giving your authorisation, the use of the documents, information or personal data will be governed by and subject to the terms and conditions and privacy policies of the service provider performing the Third Party Services.
8.10 You acknowledge in respect of Third Party Services that:
(a) the sole service performed by Sorted in respect of Third Party Services is to enable access upon your authorisation from the Sorted System to Third Party Services;
(b) the provision of access by Sorted from the Sorted System to Third Party Services is not an approval, authorisation or endorsement by Sorted of the Third Party Services or the relevant third party service provider;
(c) Sorted may receive payment, remuneration or other consideration from the provider of Third Party Services for enabling access to the Third Party Services from the Sorted System, and Sorted is under no obligation to disclose such payments, remunerations or other consideration to you;
(d) your decision to view, access or use Third Party Services is a decision wholly made at your own election for which Sorted is not responsible or liable in any way;
(e) you are solely responsible for ensuring that your use of the Third Party Services complies with all applicable laws and regulations (including sanctions laws);
(f) Sorted gives no representation or warranty in respect of Third Party Services or the third party service provider performing them;
(g) your access and use of Third Party Services is entirely at your own risk;
(h) Sorted is not responsible or liable for any loss, liability, claim, cost or expense incurred, suffered or sustained by you arising from or in connection with your use of Third Party Services;
(i) upon you giving your authorisation for our disclosure of documents, information or personal data in our possession, Sorted is not responsible to you (or any other person) for the accuracy, completeness or content of the documents, information or personal data which Sorted will provide on an as is basis only, and you are solely responsible and liable to the third party service provider of the corresponding Third Party Services for all matters arising from or in connection with its use of those documents, information or personal data;
(j) all transactions, activities and services conducted or performed using Third Party Services are between you and third parties involved in those transactions, activities and services (including the third party providing or performing the Third Party Services), and for which you act as principal;
(k) Sorted is not a party to any transactions, activities and services conducted or performed by you using Third Party Services, and does not act as your agent, representative or other intermediary in respect of any such transactions, activities and services; and
(l) your authorisation of transactions, activities and services conducted or performed using Third Party Services may require the Sorted Wallet or Sorted Services to interact or facilitate those Third Party Services (including for the payment of fees or charges for Third Party Services), and in this case, Sorted shall not be construed as your agent, representative or intermediary in respect of any such transactions, activities and services.
8.11 We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Third Party Services accessed from the Sorted System at any time without notice.Fees and charges
8.12 We charge Fees in respect of the Sorted Services. Our current Fees and accompanying terms from time to time can be reviewed here.
8.13 We may change our Fees at any time at our discretion. We will notify you of changes to our Fees by notice to your Account in the Sorted System or by update to our Website. The change in our Fees will be effective on the date and time specified in our notice. If you request Sorted Services after the effective date and time we have notified for updated Fees, then the relevant Sorted Services will be subject to the updated Fees and your request for those Sorted Services will constitute your acceptance of the updated Fees.
8.14 You acknowledge that our Fees may be calculated by combining a fee charged by us and a fee, cost or expense charged by a third party that provides certain functionality related to the relevant Sorted Service.
8.15 You acknowledge that Sorted may charge you Charges in respect of costs and expenses incurred by Sorted in delivering Sorted Services you have requested, and that you are responsible for paying or reimbursing us those Charges.
8.16 You are fully responsible for paying Fees, Charges and all sums owed by you to Sorted.
8.17 To the extent it is within the power of Sorted, we may deduct Fees and Charges due to us from
(a) your Cryptocurrencies in the course of providing Sorted Services you have requested; or
(b) other amounts we owe you.
8.18 Sorted may invoice you at any time for Fees and Charges you owe us. Fees and Charges will be due to us in accordance with our fee schedule and accompanying terms available here, notwithstanding that an invoice has not been issued. You must pay all Fees and Charges in the fiat currency or Cryptocurrency designated by Sorted, or in United States dollars if Sorted has not made a designation.
8.19 You must pay all Fees and Charges due to Sorted without deduction and exclusive of taxes.
8.20 We may elect to charge you interest at the rate of 1% per month on all late payments.
8.21 You are solely responsible for:
(a) taxes arising from Sorted Services you have requested and your activities using the Sorted System;
(b) complying with all your taxation obligations; and
(c) withholding, collection, reporting and remittance of taxes to your competent tax authorities
9. Risk
9.1 You should educate yourself in respect of all the legal norms and technical constraints relating to the proof-of-stake and proof-of-work blockchains, or other cryptographic proof concepts.
9.2 You acknowledge that you have been informed of the following associated risks:
(a) Regulatory changes. Blockchain technologies are subject to continuous regulatory changes and scrutiny globally. This includes anti-money laundering and financial regulations. The Sorted Services, or any portion of the Sorted Services, could be impacted by one or more changing regulatory requirements.
(b) Tax. Transactions in Cryptocurrencies or other general Cryptocurrencies events (including exchanges, air-drops, forkings and gains arising from staking) may be considered tax events according to legislation under which you are subject to taxation. You should consult your own tax or accounting advisor in relation to these transactions or events.
(c) Technology. Some of the technology supported or made available by Sorted is new, untested and outside Sorted control. Advances in cryptography, or other technical advances such as the development of quantum computers, could present risks to blockchain networks which could result in the theft or loss of Cryptocurrencies. Other adverse changes in the market forces or in the technology may prevent or compromise Sorted’s performance under these Terms of Use.
(d) Cybersecurity. Hackers or other groups or organisations may attempt to interfere with the Sorted System and Sorted’s products and information systems in several ways. This may include denial of service attacks, side-channel attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.
(e) Volatility. Prices of Cryptocurrencies are volatile and can fluctuate significantly in short periods of time, including a single day. There may be large or sudden shifts in value or Cryptocurrencies that may make any Cryptocurrencies to become worthless. There may be significant risk in acquiring or holding Cryptocurrencies.
9.3 Sorted is not liable for any loss that you incur arising from or in connection with risks set out in these Terms of Use.
10. Intellectual Property Rights
10.1 Sorted owns, or is the authorised licensee of, all rights, title and interest in the Sorted System, and technology deployed in the Sorted Wallet, including any software (in source and object forms), algorithms, user interface designs, architecture, Intellectual Property Right, and documentation (both printed and electronic). You shall not use any Intellectual Property Rights in respect of the Sorted System, the Sorted Wallet or the Sorted Services, except in accordance with these Terms of Use or having first obtained the prior written consent of Sorted or such other third parties. All Intellectual Property Rights are reserved.
10.2 Unless otherwise expressly provided, we do not own the Intellectual Property Rights provided by third parties. We make no representation, warranty or guarantee in respect of such Intellectual Property Rights, including whether any distribution or use of content or materials infringes the Intellectual Property Rights of another person. Sorted has not examined or verified any third party Intellectual Property Rights.
10.3 You must notify Sorted promptly if you suspect or become aware of any misuse of the Sorted System (or any other Service) or any violation, infringement or misappropriation of Intellectual Property Rights by any other users or other third party.
10.4 You must not edit or otherwise modify any material on our Sorted System.
10.5 If you print off or copy any part of our Sorted System in breach of these Terms of Use, your right to use our Sorted System will cease immediately. You must, immediately upon our request, return or destroy any copies of the materials you have made.
10.6 We reserve the right to restrict access to areas of our Sorted System, or our whole Sorted System, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Sorted System.
11. Privacy
11.1 Our Privacy Policy can be reviewed here and forms part of these Terms of Use on which you may access and use the Sorted System and our Service.
11.2 You agree that Sorted may collect, use and process personal data which you provide Sorted in accordance with the provisions of our Privacy Policy.
11.3 You agree we can share your personal data with third party recipients in accordance with the provisions of our Privacy Policy.
11.4 We use cookies on our Sorted System. By accepting these Terms of Use you also give consent to our use of cookies for this purpose.
11.5 We will take appropriate security measures to protect that personal data against unauthorised or accidental access, processing, erasure, loss or use.
11.6 Sorted may collect personal information (including your personal data) about you, either from you or from third party sources, in order to comply with its obligations (whether under contract or under applicable laws) in respect of anti-money laundering, counter-terrorist financing and similar laws. We may collect information about you from third parties, including financial and credit institutions, government authorities and external databases. We may make inquiries, whether directly or through third parties to verify your identity or to obtain protection against financial crimes. We may take any action we consider appropriate or necessary based on the results of information we receive from third parties or from our inquiries.
11.7 We may disclose your personal information (including your personal data) to credit reference, fraud prevention and financial crime agencies.
11.8 We may keep a record of all information, data and records arising during the term of operation of your Account and for a minimum period of six years after its cessation. We may keep these records for a longer period if required by applicable law.
12. Viruses
12.1 We do not guarantee that our Sorted System or Sorted Services will be secure or free from bugs or viruses.
12.2 You are responsible for configuring your information technology, computer programmes and platform to access our Sorted System or Sorted Services. You should use your own virus protection software.
12.3 You must not misuse our Sorted System or Sorted Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
12.4 You must not attempt to gain unauthorised access to the Sorted System or Sorted Services, the server on which our, the Sorted System or Sorted Services is stored or any server, computer or database connected to our Sorted System.
12.5 You must not attack our Sorted System, the Sorted Services or Accounts or Sorted Wallets owned by other customers via a denial-of-service attack or a distributed denial-of service attack.
12.6 If we believe you have breached the provisions of this paragraph, your right to access the Sorted System, your Account and your Sorted Wallet will cease immediately, and we may disable, delete, suspect or cancel your access to the Sorted System, your Account and the Sorted Wallet at any time. We may report any breach to relevant law enforcement authorities, and will do so if required to do so under applicable laws.
13. Disclaimer
13.1 You acknowledge, that to the maximum extent permitted by applicable law, that the Sorted System, the Sorted Services and any relevant materials provided to you are provided on an "as is" basis. Sorted disclaims any and all warranties relating to the Sorted System and the Sorted Services, and their respective content, express or implied, including but not limited to the implied warranties of non-infringement of third party rights, merchantability and fitness for a particular purpose, if any.
13.2 Sorted does not:
(a) provide a peer-to-peer marketplace for transactions of Cryptocurrencies;
(b) provide fiat currencies trading capabilities; or
(c) provide conversion, exchange or other facilities between fiat currencies.
13.3 Sorted does not represent or warrant that:
(a) the function contained in the Sorted System or Sorted Services will meet your requirements;
(b) the operation of the Sorted System or the Sorted Services will be interrupted, error-free, or absolutely secure from unauthorised access;
(c) defects in the Sorted System or the Sorted Services will be corrected; or
(d) the Sorted System or the Sorted Services are complete, correct in all respects, accurate in all respects, or fully reliable.
13.4 No oral or written information or advice given by Sorted creates a warranty or in any way increases the scope of its liability.
13.5 Sorted does not, and does not intend to, market to, sell to, induce, solicit, or advise any person in respect of any purchase, subscription or investment (or any related offer) in securities, Cryptocurrencies, tokens, non-fungible tokens (NFTs) or any physical or virtual assets (whether described as investment opportunities, or otherwise). None of the information made available by Sorted constitutes an invitation, offer, opinion or recommendation to purchase, subscribe, invest in or participate in any securities, structured products, Cryptocurrencies, non-fungible tokens (NFTs) or any physical or virtual assets (whether described as investment opportunities, or otherwise).
13.6 The Sorted Services depend on third-party mobile network operators and internet connectivity. SMS and USSD messages may be delayed, not delivered, duplicated, truncated, or received out of order. Sorted does not guarantee real-time delivery of any message or confirmation. Blockchain networks may experience congestion, delay or other events affecting transaction broadcast, confirmation, or implementation. The Sorted Services are not guaranteed to operate on all devices or browsers. Feature phones and limited-display devices may not support certain security, encryption, scripting, or user interface functions required for full operation.
13.7 Your use of the Sorted System or Sorted Services, or any information, material or content obtained through our Sorted System or Sorted Services, is at your own risk and discretion.
14. Regulation
14.1 You acknowledge that:
(a) Sorted is a technology service provider that provides the Sorted Services, and is not engaged (whether as principal, agent or any other capacity) in any transaction or other activity conducted by you on the Sorted System or your use of the Sorted System;
(b) Sorted is a technology service provider that provides the Sorted Services, and as such, is not engaged in any money service business, money lending, securities dealing, advice or management, stablecoin issuance or offering, custodial service or any other regulated business for which a licence from a regulatory body in Hong Kong is required for the conduct of the business of Sorted in or from Hong Kong;
(c) Sorted is a technology service provider that provides the Sorted Services, and as such, neither Sorted nor its respective representatives are licensed in respect of regulated activities under the Securities and Futures Ordinance (Chapter 571, Laws of Hong Kong), the Stablecoins Ordinance (Chapter 656, Laws of Hong Kong), the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615, Law of Hong Kong), the Banking Ordinance (Chapter 155, Laws of Hong Kong) or other similar legislation or regulation in respect of payments, securities, virtual assets or Cryptocurrencies in Hong Kong or elsewhere;
(d) Sorted is not a financial institution or designated non-financial business or profession under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615, Law of Hong Kong);
(e) no information provided by Sorted is intended for the purpose of advice or dealing in securities or virtual assets, or for any investment purposes;
(f) no information or materials provided by Sorted will constitute:
(i) a solicitation, offer, opinion, or recommendation by Sorted to buy or sell any security or virtual asset, or to make any investment; or
(ii) the provision of legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security, virtual asset or investment;
(g) to the extent that any transaction or other activity conducted by you on the Sorted System or your use of the Sorted System is a regulated activity or requires authorisation from any government authority of competent authority, it is your sole responsibility to conduct that transaction or activity or to seek and obtain such authorisation in compliance with such laws and regulations; and
(h) Sorted conducts its business in and from Hong Kong, and has made no enquiry and gives no representation or warranty in respect of the lawfulness of your use of the Sorted System and Sorted Wallet in any location outside Hong Kong.
14.2 If we suspect our business relationship with you, or a transaction you wish to make, involves any risk of money laundering, terrorism financing or any other financial crime or unlawful activity, we may:
(a) refuse to accept you as a customer;
(b) cease to perform any Sorted Services;
(c) cease to enable you to access Third Party Services;
(d) close or suspend your Account;
(e) terminate these Terms of Use;
(f) reverse or withhold any payment to you;
(g) refuse to receive any payment from you;
(h) report our suspicion to any competent authority; or
(i) take any other action available to it under these Terms of Use or applicable laws.
14.3 We are not required to inform you of any action we choose to take, explain reasons for taking any action, or explain our suspicion.
15. Liability
15.1 Subject to paragraph 15.13, Sorted disclaims all liability to the maximum extent permitted by law, and Sorted assumes no responsibility, for losses to you or any other person arising from:
(a) your access to or use of the Sorted System through or by an App Store, your use of any Third Party Services, or your reliance, access to or use of any third party content or user content, or;
(b) Sorted content, and in particular from the accuracy, completeness or current status of Sorted content;
(c) reliance on information contained or functionality provided on, or through, these Terms of Use or our Sorted System or Sorted Services;
(d) inability to gain access to the Sorted System, your Account, your Sorted Wallet or the Sorted Services (or any part of it) or access is interrupted or partial, or functions with errors, at any time;
(e) any unauthorised access to or alteration of your transmission or data;
(f) any use of your Login ID, Password, Account, Sorted Wallet by any third parties, whether authorised or unauthorised by you;
(g) any deletion of, corruption of, or failure to store or send or receive your transmissions or data;
(h) any failure by us to perform, or delay in performing, any obligations, whether or not we give prior notice, if and to the extent that the failure or delay is caused by any circumstance beyond our reasonable control (which includes telecommunications failure, power supply failure, terrorism, fuel strikes, severe weather, computer breakdown, failure of suppliers to meet delivery requirements, industrial disputes and the absence of personnel due to illness or injury), and the time for performance of any obligation, the performance of which is so affected, will be extended accordingly;
(i) any unusual or unforeseeable event that is outside Sorted reasonable control, including force majeure events, events of war or civil unrest, natural disasters, strike, lock-out, traffic disruption, acts of domestic or foreign governmental authorities, and the pandemic;
(j) anything caused by us as a result of complying with applicable laws and court orders;
(k) any acts, omissions, faults, failures to provide services or interruptions to services from any third party service providers instructed by Sorted; and(l) your failure to accept or install updates to the Sorted System, or update third-party software (such as browsers or operating systems), that are required to access the Sorted Wallet or the Sorted Services, or access their latest features, including security updates.
15.2 Sorted will not be liable to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with these Terms of Use for any loss of profits, loss of business opportunity, loss of goodwill, loss of anticipated savings or benefits, or for any type of indirect, special or consequential loss, even if that loss or damage was reasonably foreseeable or the relevant party was aware of the possibility of that loss or damage arising. Sorted will not be liable for fault on the part of any third party service providers instructed by Sorted.
15.3 Sorted’s liability arising directly or indirectly under these Terms of Use, or that is not otherwise expressly excluded under these Terms of Use, will be limited to and capped at the higher of US$500 or the amount of fees for Sorted Services paid by you to Sorted in the twelve months immediately before the act or omission alleged to have caused the liability. The amount of this limitation of liability will be reduced by the amount of any unpaid fees.
15.4 Any claim by either party for breach of contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Terms of Use must be brought within one year of the act or omission alleged to have caused the loss or cost.
15.5 Except to the extent that claims cannot be excluded or restricted by law, no claims arising out of or in connection with these Terms of Use may be brought by you personally against any Sorted employees, officers, advisers, consultants, external service providers or other representatives involved in the performance of the relevant obligations.
15.6 Any disclaimer of liability includes all representations or warranties. All representations or warranties, whether contractual or non-contractual, and all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise (including implied undertakings of satisfactory quality, conformity with description and reasonable fitness for purpose) are excluded to the maximum extent permitted by law.
15.7 Only one claim may be brought against us (including our employees, officers or consultants) arising from one act or omission. One act or omission includes one series of related acts or omissions, the same act or omission in a series of related matters or similar acts or omissions in a series of related matters, and includes all claims arising from any one matter.
15.8 The limitations in this paragraph 15 apply to Sorted aggregate liability to you, any group company to which you belong, and all individuals nominated by a corporate user together (including any other third parties to whom we are held liable, with or without our consent) in relation to any one claim, and you and any such other persons may together recover from Sorted only once in relation to the same loss.
15.9 Where a limitation of liability applies in whatever amount, the limitation applies to the entire performance of services by Sorted, and there will not be separate aggregate limits of liability applicable to you, any group company to which you belong, and all individuals nominated by a corporate user.
15.10 If Sorted has joint and several liability to you with another party Sorted will only be liable to pay you the proportion which is found to be fairly and reasonably due to the fault of Sorted. Sorted will not be liable to pay you the proportion which is due to the fault of another party for which such other party would otherwise be liable.
15.11 Any liability due from Sorted to you will be reduced by the proportion for which another party would have been found to be liable if either:
(a) you had also brought proceedings or made a claim against that other party; or
(b) Sorted had brought proceedings or made a claim against that other party under the Civil Liability (Contribution) Ordinance (Cap. 377) or similar law under any other relevant jurisdiction.
15.12 In considering whether other parties may be liable to you, no account is to be taken of any inability on your part to enforce remedies against another party by reason of causes of action against that party becoming time-barred, or the party’s lack of means or the party’s reliance on exclusions or limitations of liability or that the other party has ceased to exist.
15.13 No oral or written information given by Sorted creates a warranty or in any way increases the scope of Sorted’ liability.15.14 The exclusions and limitations of liability in these Terms of Use do not affect the liability of Sorted:
(a) for death or personal injury arising from negligence of Sorted;
(b) for fraud or reckless disregard of professional obligations;
(c) for any other liabilities which cannot be excluded or limited in the jurisdiction to which any relevant claim is subject, including restrictions on the right of Sorted to limit liability in Hong Kong; and(d) in any other case, to limit the liability of Sorted to less than such minimum amount as may be required in the circumstances under any other law or regulation relevant to the claim, in which case such minimum amount will be deemed substituted for the amount that would otherwise apply.
15.15 These provisions are exhaustive of the remedies of monetary damages for each party or any third party against either party arising out of or in connection with these Terms of Use.
15.16 It is your sole responsibility to determine whether, and to what extent, any taxes apply to your use of the Sorted Wallet, and the ownership of and transaction relating to Cryptocurrencies. You should determine whether to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Sorted is not obligated to, nor will Sorted determine whether taxes apply, or calculate, collect, report, or remit any taxes to any tax authorising arising from any transaction for you.
16. Indemnity
16.1 You will on demand fully indemnify, and keep fully indemnified, the Indemnified Parties from and against all claims (including any third party claims), costs and losses of any nature whatsoever that the Indemnified Parties may suffer or incur arising out of or in connection with:
(a) any material breach of the provisions of these Terms of Use by you or your representatives;
(b) any Prohibited Acts carried by you or your representatives;
(c) any infringement or alleged infringement by you or your representatives of any third party’s intellectual property rights;
(d) any breach by you of applicable laws;
(e) any fraud, negligence, misconduct or reckless carelessness in or about your obligations under these Terms of Use;
(f) your or your representatives’ use of our Sorted System or Sorted Services; and
(g) any acts or omissions performed by you or your representatives
16.2. Sorted will be entitled to recover from you all expenses Sorted reasonably incurs in connection with an indemnified claim, and all such expenses will be payable on demand.
16.3. The indemnities in this paragraph 16 will survive termination or expiry of these Terms of Use.
17. Variation
17.1 The Terms of Use in force from time to time will apply to your use of our Sorted System and Sorted Services.
17.2 Sorted may amend these Terms of Use from time to time. Sorted will give you prior notice of major changes that Sorted believes may adversely affect you. Sorted will inform you of any changes to these Terms of Use. Sorted may provide notices and information to you through any Access Channel, including SMS, USSD messages, a mobile web notice, in-session prompts, email (if provided), or posting on its website.
17.3 If you do not agree to any revised Terms of Use, you must stop using the Sorted System and Sorted Services.
17.4 If you have given your express agreement and consent to these Terms of Use, Sorted will ask for your express agreement and consent to any revisions of these Terms of Use before your first use of the Sorted System or Sorted Services after the revision comes into effect. If you do not give your express agreement and consent to the revised Terms of Use within such period as we specify, Sorted will disable, delete, suspend or cancel your Account or Sorted Wallet, including blocking your internet protocol address for internet access to the Sorted System, and you must stop using the Sorted System and the Sorted Services.
18. Your breach
18.1 Without prejudice to Sorted’ other rights under these Terms of Use, if you breach these Terms of Use in any way, carried out any Prohibited Acts, or if Sorted reasonably suspects that you have breached these Terms of Use in any way or carried out any Prohibited Acts, Sorted may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our Sorted System or Sorted Services;
(c) permanently prohibit you from accessing or using the Sorted System or Sorted Services;
(d) block computers using your IP address from accessing the Sorted System or Sorted Services;
(e) contact any or all your internet service providers and request that they block your access to the Sorted System or Sorted Services;
(f) suspend or delete your Account or Sorted Wallet; or
(g) commence legal proceedings or other claims against you, whether for breach of contract or otherwise.
18.2 If Sorted suspends or prohibits or blocks your access to the Sorted System or Sorted Services, or a part of the Sorted System or Sorted Services, you must not take any action to circumvent that suspension or prohibition or blocking (including creating or using a different account). Sorted is not required to inform you of any action Sorted chooses to take, explain reasons for taking any action, or explain the suspicion of Sorted.
18.3 Additionally, Sorted may perform all or any of the acts set out in paragraph 18.1 if:
(a) Sorted believes or suspects any activities in association with your Account or Sorted Wallet involves illegal activity or that does not comply with applicable laws;
(b) Sorted is requested to do so by a court order, law enforcement or other government or regulatory order;
(c) if your Account is subject to litigation or investigation;
(d) you abuse the Sorted Services provided by Sorted;
(e) you act in bad faith towards Sorted;
(f) any third party service provider (including payment process service providers) refuses to provide services to you;
(g) any force majeure events occur arising from any matter or state of affairs beyond the reasonable control of Sorted;
(h) Sorted believes you adversely affect or may adversely affect the reputation of Sorted;
(i) Sorted believes your Account is associated with any account that has been suspended or terminated for breach of these Terms of Use or suspended for any other reason;
(j) you do not provide documents or information upon the request of Sorted;
(k) any documents or information you provide Sorted is false, misleading or not current or complete, or otherwise meet requirements of Sorted;
(l) your Account or any activities connected to your Sorted Wallet do not meet Sorted's risk tolerance;
(m) you no longer comply fully with all requirements of the compliance and security procedures and processes of Sorted; or
(n) you suffer an insolvency or bankruptcy event.
19. Termination and suspension
19.1 You can stop using the Sorted System or Sorted Services at any time and you may delete your Account or Sorted Wallet by sending an email to hello@sortedwallet.com. Upon deletion of your Account or Sorted Wallet, all specific Account information will be deleted. However, domain names and a log-register attributable to each deleted Account will be kept for archival and administrative purposes. Sorted may also use unidentifiable, aggregated information originating from deleted Accounts in its general business operations.
19.2 Sorted may suspend the provision of the Sorted System or Sorted Services or terminate your Account or Sorted Wallet at any time, with or without cause, and with or without notice.
19.3 Without prejudice to paragraph 19.2, Sorted may suspend or terminate your Account or Sorted Wallet if you are in breach of these Terms of Use, or if your use of the Sorted System or Sorted Services would cause or risk causing legal liabilities of any kind, or otherwise disrupt others use of the Sorted System or Sorted Services.
20. Effect of termination
20.1 Upon termination of these Terms of Use:
(a) the licences contained in these Terms of Use will immediately cease and all your rights in respect of the Sorted System, Sorted Services and your Account and Sorted Wallet will cease;
(b) any requirement of Sorted to provide Sorted Services or support will immediately cease;
(c) you will immediately return or (at the direction of Sorted) destroy all Confidential Information in your possession or power; and(d) you must ensure all Cryptocurrencies are withdrawn prior to the effective date of termination. Sorted will not be responsible for any delay in withdrawing the Cryptocurrencies.
20.2 You will not, in any circumstances whatsoever, have any claim against Sorted for compensation for loss of rights, loss of goodwill or any other loss whatsoever on termination of your Account, your Sorted Wallet or these Terms of Use for any cause whatsoever.
20.3 The termination of these Terms of Use is without prejudice to any other rights which have already accrued to Sorted and will not operate to affect such provisions of these Terms of Use as in accordance with their terms are expressed to operate or to have effect thereafter.
21. General provisions
21.1 You may not assign any of your rights under these Terms of Use.
21.2 The rights, powers and remedies provided in these Terms of Use are (except as expressly provided) cumulative and not exclusive of any rights, powers and remedies provided by law, or otherwise.
21.3 Sorted may subcontract the hosting of the Sorted System to a third party.
21.4 If the validity or enforceability of any provision of these Terms of Use is in any way limited by any applicable law, that provision will be valid and enforceable to the fullest extent permitted by such law. The invalidity or unenforceability of any such provision does not affect the validity or enforceability of any other provision.
21.5 The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms of Use or by law does not constitute a waiver of that right, power or remedy. If Sorted waives a breach of any provision of these Terms of Use, this does not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
21.6 The exercise of the parties’ rights under these Terms of Use is not subject to the consent of any third party.
21.7 These Terms of Use are for benefit of Sorted and your benefit, and are not intended to benefit or be enforceable by any third party.
21.8 These Terms of Use comprise the entire understanding and agreements between you and Sorted as to its subject matter, and supersedes any and all prior discussions, agreements and understandings of any kind relating to its subject matter (including any prior versions of these Terms of Use).
21.9 Both you and Sorted are independent contractors. Nothing in these Terms of Use creates any other form of relationship between you and Sorted. These Terms of Use are not to be interpreted as evidence of an association, joint venture, partnership, agency or franchise between the parties. You are not authorised to represent Sorted in any way, or to incur any obligations on behalf of Sorted.
21.10 Terms that are defined in the Companies Ordinance (Chapter 622, Laws of Hong Kong) have the same meaning in these Terms of Use, unless otherwise defined in these Terms of Use.
21.11 If you have any feedback, questions, complaints relating to our Service, the Sorted System, your Account and your Sorted Wallet, please submit the same to Sorted at hello@sortedwallet.com. Sorted will use reasonable effort to respond to you as soon as possible but Sorted will not be responsible for any losses and damage incurred during Sorted’ response period.
21.12 Communications between you and Sorted use electronic means, whether made via the Sorted System or sent via electronic mail, SMS and USSD messages, or whether Sorted posts notices on the Sorted System. For contractual purposes, you:(a) consent to receive communications from Sorted in an electronic form; and(b) agree that all terms and conditions, agreements, notices, disclosures, and other communication that Sorted provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
21.13 We may treat any instruction or communication received through your registered Access Channels (including SMS or USSD) as authorised by you, unless you have notified us of compromise and we have had a reasonable opportunity to act on that notice.
22. Governing law
22.1 These Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by and construed in accordance with the laws of Hong Kong.
22.2 Any dispute, controversy, difference or claim (including non-contractual disputes or claims) arising out of or relating to these Terms of Use, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
Please email hello@sortedwallet.com if you have any questions or concerns about these Terms of Use or our Sorted System.
Bringing financial freedom to every phone, everywhere
