Thank you for choosing Prime. The following Terms and Conditions (the “Terms”) apply to any person that registers for and/or opens a Prime Account through primcapinvest.com or any associated mobile or web applications, website, or APIs.
The Terms constitute a legally binding agreement between you and Prime Technologies Limited (“Prime”), a company incorporated under the laws of the United Kingdom and govern your access to and use of the Prime Stocks exchange platform (the ‘‘Platform’’). For further information on Prime Technologies Limited, and its operating subsidiaries, please see the [About page] on the Prime website. For the purposes of these Terms, any reference to “we” “us” “our” “Prime” and/or any similar term shall be construed as reference to Prime Technologies Limited.
By registering for and opening a Prime Account, you unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of the Prime website and/or your Prime Account, including but not limited to, those related to, taxes or foreign currency transactions.
Please read these Terms carefully before using the Platform because they affect your legal rights and obligations.
Prime may amend the Terms from time to time. You should visit the terms and conditions page on the Platform regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Any such notice will be posted on the Platform, or sent to the email address associated with your Prime Account.
The continued use of your Prime Account, after any amendment to these Terms, constitutes your acceptance of the Terms, as modified by such amendment. If you do not accept the Terms, or any amendment to them, you must immediately stop using the Platform and your Prime Account.
Before using the Platform, you should ensure that you understand the risks involved in buying, selling or Investing digital currencies. Digital currency markets are volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets. This market volatility and other risks involved in buying, selling or Investing digital currencies are explained on the risk warning page of the Prime website. There may be additional risks not identified in these Terms or in the risk warning page.
You should carefully assess whether your financial situation and risk tolerance is suitable for buying, selling or Investing digital currency. You accept and agree that you are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with digital currency
When you use your Prime Account to send or receive digital currency, the transaction must be confirmed and recorded in the public ledger associated with the relevant digital currency network (e.g. the Bitcoin network or the Ethereum network). That digital currency network is solely responsible for verifying and confirming any such transactions. Prime cannot confirm, cancel or reverse transactions on a digital currency network, other than confirming to you that the network has completed the transaction. You accept and agree that:
Once submitted to a digital currency network, a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Prime Wallet balance or be available to you to conduct transactions;
When you send digital currency from your Prime Account, you are authorising us to submit your transaction request to the relevant digital currency network. Once a transaction request has been submitted to the relevant digital currency network, the network will automatically complete or reject the request and neither you or Prime will be able to cancel or otherwise modify your transaction.
Digital currency networks are operated by decentralised networks of independent third parties. They are not owned, controlled or operated by Prime so we cannot ensure that any transaction details you submit will be confirmed by the relevant digital currency network. You agree that any transaction details you submit may not be completed, or may be substantially delayed, by the digital currency network used to process the transaction.
Neither we nor our directors, officers, employees or agents shall be liable for any losses, damages, costs or expenses incurred or suffered by you under these Terms unless arising directly from our or their respective gross negligence, wilful default or fraud. In no circumstances shall we have any liability for consequential loss or special damage.
We shall not be liable for any partial or non-performance of our obligations hereunder by reason of any cause beyond our reasonable control, including without limitation any breakdown, theft, destruction, malfunction or failure of transmission, communication or computer facilities, industrial action, acts and regulations of any governmental or supra national bodies or authorities or the failure of any relevant third party, intermediate broker, agent or principal of ourselves, custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations.
You will make all your own decision to access and/or use our Platform or to enter into or execute any Transaction and/or Contract. You acknowledge and agree that our Platform does not and will not serve as the primary basis for any of your investment decisions concerning your Prime Account. You are solely responsible for any investment or Investing decisions you make with respect to products identified on our Platform and neither we, nor our directors, officers, shareholders, partners, members employees, agents, service providers, legal representatives and/or Affiliates (together our ‘Associates’) shall be responsible for determining whether any Transaction you enter into is suitable, appropriate or advisable. Neither we, nor our Associates are and will be, by virtue of providing the Platform, an advisor or fiduciary for you or any Authorized Person.
We shall have no obligation to contact you to advise upon appropriate action in light of changes in market conditions (including, without limitation, Market Disruptions) or otherwise. You acknowledge that the Market in fixed income securities is highly speculative and volatile and that, following execution of any transaction, you are solely responsible for making and maintaining contact with us and for monitoring open positions and ensuring that any further instructions are given on a timely basis. In the event of any failure to do so, we can give no assurance that it will be possible for us to contact you and we accept no liability for loss alleged to be suffered as a result of any failure by you to do so. Without limitation, neither we, nor our Associates accept any liability by reason of any delay or change in market conditions before any particular Transaction is effected.
In no event will any liability of Prime, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the Platform or your Prime Account, exceed (in aggregate) the fees earned by Prime in connection with your use of your Prime Account in the one month period immediately preceding the event giving rise to the claim for liability
Without limitation, neither we nor any of our Associates shall be liable for any loss arising from any act or omission of any Agent, Broker, Authorized Person or other third party who performs services for you.
You may close your Prime Account by submitting a closure request via the Help Centre. Prime will action such requests once (i) all sums in your Prime Account is below the Minimum Closure Amount; and (ii) no transactions have taken place in your Prime Account for a period of at least 30 days. Such requirements are designed to protect you from loss and Prime will not action a closure request until they are satisfied.
You accept and acknowledge that, once your Prime Account is closed:
you will have no further access to it; Prime will be under no obligation to notify you of, or provide to you, any digital currency sent to any receive address associated with your Prime Account; and Prime reserves the right (but has no obligation) to delete all of your information and account data stored on our servers, and also reserves the right to retain any information that is required for legal or operational reasons.
If at the date of closure of your Prime Account any fund remains in your Prime Account (i.e. funds amounting to less than the Minimum Closure Amount), you accept and agree that Prime shall retain such funds and that you shall have no further claim to them. The Minimum Closure Amount shall be USD5.00 or the equivalent in your Local Currency.
You accept and agree that Prime shall not be liable to you or any third party in relation to the closure of your Prime Account, the termination of access to your Prime Account, or for the deletion of your information or Prime Account data