This website, portal, platform, and services are provided to you by APX Inc. (together with its subsidiaries and affiliates, “APX”, “APX Lending”, and “us”), conditional on your acceptance of the terms and conditions of use (“Terms”) as set forth below.
By accessing, using, visiting, and/or downloading materials from our website www.apxlending.com and platform (our “Website”), you agree to accept and be bound by these Terms. If you do not agree to these Terms, our Privacy Policy and/or use of the Services provided, please promptly leave our Website and cease access to our platform and Services.
Your access to this Website and our Services are subject to your approval of these Terms. We encourage you to read this document in its entirety. Your acceptance of these Terms will serve as a LEGALLY BINDING AGREEMENT between APX and you, and your use of APX and/or our Services will be governed by these Terms. If you do not agree, please leave this Website immediately. If you are under the legal majority age in your country of residence, you are not allowed to use this Website and must terminate any use of our Services (including, but not limited to: Our Website, Platform, Mobile Applications, Web Applications collectively “our Services”).
By clicking “Sign Up” and creating an account, you agree to be bound by and acknowledge that you have read, understood and agree with these Terms. You agree to comply with these Terms. Your use of APX and its Services is conditional upon your consent to and acceptance of these Terms. IF YOU HAVE ANY OBJECTIONS OR DISAGREEMENT WITH ANY SECTION OR PART OF THESE TERMS, DO NOT REGISTER YOUR INFORMATION WITH US, OPEN AN APX ACCOUNT, ACCESS ANY INFORMATION OR USE OUR SERVICES.
From time to time, APX will update these Terms and will post any updates to these Terms on this Website. Notice of change may be provided through social media, email blasts, online newsletter etc. It is your responsibility to review these changes. APX may contact you through the email address you have provided to us to let you know of any changes to these Terms. CHANGES TO THIS WEBSITE will be deemed to be immediate once updated on the Website, unless otherwise indicated by us. Your continued use of our Services will be deemed to be ongoing consent to the Terms and the use of our Services.
ACCESS
This Website, our Services and any related services or functions are only available to individuals who are at least 18 years of age, have reached the age of majority in their residence and are of sound mind. By accepting these Terms and using this Website, you warrant and represent that you are of eligible age in your jurisdiction.
Our Privacy Policy and Loan Agreement, as applicable (collectively, the “Additional Terms and Conditions”) are provided alongside our Terms.. If you reject any of our Terms or Additional Terms and Conditions, you will not be able to use any part of our Services and we request you to kindly exit our Website. In the event of a conflict between any of these Terms, our additional Terms of Service shall apply and supersede as the case maybe.
i) Privacy Policy: APX is committed to protecting your privacy rights. Please review our Privacy Policy at www.apxlending.com/privacy-policy. Our Privacy Policy sets out how APX collects, uses, process, discloses and protects your data and personal information. By creating an account and using our Services, you agree that we may collect and use your information as set out in the Privacy Policy, as amended from time to time.
ii) Loan Agreement: This is the agreement that is signed between our Borrowers/user and APX that stipulates amongst other things, the terms of the loan, the interest charged, the length of the loan, mitigation steps in cases of loan liquidation or loan default and other terms as applicable.
Restrictions and Obligations
Ownership and IP
This Website, Platform and any affiliated content, code, images, written material or any part of this Website (individually and combined) are property of APX. All proprietary content, data, information and material is the subject of the respective Intellectual Property and applicable laws including, but not limited to, Copyright Laws, Trademark Laws, and Patent Laws of Canada (or any other jurisdiction) and any other law that may apply. Except as otherwise provided in these Terms and/or our Privacy Policy, APX is the sole owner of all content and related IP rights. By agreeing to these terms, you may not copy, reproduce, republish, distribute, transfer, merge, host, display, download, modify or alter, reverse engineer, post and or make available to third parties ANY content or information (as the case maybe) electronically or through any other means which may infringe APX’s Intellectual Property Rights. In the event that you infringe on APX’s Intellectual Property, APX may terminate your account and pursue legal action against you. By providing these Services, APX does not grant you a licence (express or implied) to use its Intellectual Property, and any use of the APX name and logo or its Intellectual Property requires our prior written consent.
The restrictions set out in these Terms shall not apply to the limited extent the restrictions are prohibited by applicable law.
Rights
Our Services, Platform and this Website and or any related software or technology may contain proprietary and confidential information which may be protected through Intellectual Property laws. By agreeing to these Terms, you agree to not copy, alter, rent, sell, distribute, publicly perform or create any derivative works or do anything that is considered infringement of our Intellectual Property except as expressly allowed by APX or under applicable law.
Your Use
Opening An Account with APX
When you register for, and open an account with APX using our Services, you represent and warrant that:
i) You are 18 years of Age or the age of majority in your jurisdiction (jurisdiction is defined as the country where you reside for majority of the calendar year. It must match the government ID you provide);
ii) You are fully authorized to provide your information, accept these Terms and perform your obligations;
iii) Please note that these Terms are a legal contract that is binding upon you andenforceable against you;
iv) You warrant that any information, government ID, documents, financial information, and any information we require from you to provide our Services is complete, accurate, correct and is true at all times;
v) You may need to provide financial information, including your address, cryptocurrency wallet and related information;
vi) You will update any information once it becomes outdated;
vii) You warrant that by being bound by our Terms, you are not in violation of any law or agreement that is binding on you;
viii) You will be solely liable for any transactions, activities and or functions that are associated with your APX Account;
ix) You have never been removed from or have previously any account suspended from our Platform or Services;
x) You have read the Terms and additional Terms of Services and will comply with the same and perform your obligations as laid out as well as with any applicable law including intellectual property law, financial law, data privacy law, communication law and contract law.
xi) You will not try to alter data provided to you or modify, hack, illegally access, make harmful requests, abuse, or commit any illegal activity in connection with your APX account.
xii) You will not use our Services and Website to promote any services without our approval or consent;
xiii) Will not use the Services in any illegal activity whether that be fraud, money laundering, terrorism or violate any provincial, federal or international laws. You further warrant that you will not engage, provide resources or support to any individual or organizations that have been sanctioned by the Canadian Government, the US Government and any relevant authority. Violation may lead to criminal action against you and seizure of your account.
xiv) Will not use this Website for any illegal or unlawful purpose except as authorized by these Terms;
xv) You understand and have a knowledge of Crypto Assets, Blockchain Technologies that underly our Services and are capable of taking financial decisions on your own behalf;
xvi) You are providing information on your own behalf and are not impersonating any other individual or entity;
By using of our Services and Platform, you will not upload any harmful, illegal, unlawful or information or any submit, transmit, upload any harmful code, malware, viruses, spyware or technologies that interfere with our Services or Platform including hacking, disrupting, destruction or any such services to our Services, Platform and or the data and technologies contained within.
Registration and Account Creation with APX
To access certain Services, you are required to register an account (“Account”) with APX. As stated in the Terms and otherwise on this Website, you agree to provide correct, accurate, true and complete information about yourself at the time of registration. It is your responsibility to keep this information up to date. You are ultimately responsible and liable for any and all activities conducted through your account, regardless of who conducts those activities.
It is your sole responsibility to keep any information, including log-in, passwords, wallet keys and username secure. In the event of a breach, you MUST inform APX as soon as possible of any suspicious or unauthorized activity associated with your account and provide all relevant and pertinent information including but not limited to time of breach, information lost as well as last login details. Please note that APX will never ask you for your password. Under no circumstances will APX be liable for any loss or damages caused due to your negligence related to protecting your log-in details (including, but not limited to, your username, password, Two-Factor-Authenticion information or security questions or wallet addresses).
Documents
APX will provide updates of your accounts through electronic documents available either through your Account or through email. In some instances, APX may be required to provide certain legal information, disclosures, tax forms, notices, notifications, including on the state of your loans on the Platform, and other information (collectively, “Documents”) to you in written form. By consenting to these Terms, you agree that APX may deliver such Documents to you in electronic form, including electronic mail or through SMS messages. You further confirm and consent that all disclosures, statements, notices, agreements, and any other communications that APX provides to you through electronic means, meet any legal obligation that APX has to provide such Documents and agreements as if they were provided in writing. As permissible under the relevant and applicable law, you waive any rights to require a non-electronic signature or retention of non-electronic records.
It is your responsibility to maintain any records of Documents sent by APX to you.
Loan Information and Crypto Assets
Please note that while you use our Services, some functions may be completed by one entity, whereas others might be completed by a different entity of APX.
Loans will be issued and the Platform and Services will be maintained and owned by APX Inc., a federally registered Canadian company. Please note that all loans are subject to review, scrutiny, screening, and approval among other restrictions. Please note that eligibility or pre-qualification on their own are not enough to guarantee a loan. A loan requires sufficient liquidity available to fulfil your request and requirements and may also require additional screening, confirmation of your information and other conditions.
AML, Anti-Fraud and Anti-Crime Policy
APX is committed to providing the best service to its customers and provides all our Services in accordance with relevant laws, regulations and guidelines and rules of applicable federal, provincial, state and local governments and authorities and regulators as the case maybe. By accepting these Terms, your use of APX and its Services are subject to these laws and regulations. This includes without limitation relevant tax, fraud, anti-money laundering (AML) and counter terrorism financing (CTF) laws, policies, regulations and provisions of the respective jurisdictions. APX has designed its Services and Platforms in conjunction with these laws and is compliant with all necessary Canadian regulations. We take such measures extremely seriously and will act without hesitation and take necessary action to prohibit fraudulent activity, including fraudulent transactions, suspicious activities and any other incident, which may be deemed suspicious or illegal. We actively engage in anti-fraud and anti-money laundering procedures and work to prevent these activities or facilitate such activities through our Platform. Any such activity on your part, may be subject to criminal charges.
Indemnification
By consenting to these Terms, you agree to fully indemnify and hold APX, its service providers, and their respective officers, directors, employees, agents, contractors, and representatives (collectively, the “APX Entities”) harmless from and against any and all claims, liabilities, suits, action, demands, penalty, damages, judgements, costs, awards or loss (including reasonable attorneys’ fees) arising directly or indirectly out of your use of our Services or this Website, any violation of these Terms or applicable law. This section will survive the termination or expiration of these Terms for any reason.
Disclaimers
BY USING THIS WEBSITE, PLATFORM, AND SERVICES, YOU ASSUME THE SOLE RISK ASSOCIATED WITH ENGAGING WITH THESE SERVICES.YOU EXPRESSLY CONFIRM AND UNDERSTAND THAT APX, ITS SERVICES, AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTIES AND REPRESENTATIVES WILL IN NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES INCLUDING DATA LOSS, WHETHER THE RESULT OF ANY TORT (SUCH AS NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY OR OTHERWISE, AND REGARDLESS TO THE EXTENT THESE DAMAGES WERE FORESEEABLE. THE MAXIMUM AGRREGATE LIABILITY OF APX TO YOU FOR YOUR LOSSES SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU TO APX DURING THE 12 MONTHS PRECEEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
THIS PLATFORM, WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENATIONS OF ANY KIND (EITHER EXPRESS, IMPLIED OR UNDER STATUTE). APX HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED) WITH RESPECT TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. APX DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH REGARDS TO (1) THE PLATFROM OR SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE PLATFORM OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE OR FREE FROM ERRORS OR (3) THE INFORMATION, QUALITY OF SERVICES OR OTHER PURCHASES BY YOU WILL MEET YOUR STANDARDS OR EXPECTATIONS. APX CANNOT GUARANTEE THAT WE WILL ALWAYS MEET YOUR STANDARDS.
YOU RETAIN SOLE RESPONSIBILITY FOR ALL TRANSACTIONS, ACTIONS, ACTIVITIES RELATED WITH YOUR ACCOUNT AT ALL TIMES.
Termination
In the event that you have breached any of these Terms, are not compliant with these Terms or have used your APX account in a fraudulent manner, we reserve the right to suspend or disable your account (permanently or temporarily). You consent that APX will not be liable to you or any third party for such a change, suspension or closure.
We reserve the right to block you from your APX account and APX Services, in our sole discretion, with and without cause, and without prior written notice to you. Without limitation, we may enforce our right if we reasonably believe:
i. you have engaged in conduct or activities that we, acting under reasonable suspicion, deem unreasonable or unacceptable;
ii. If it is a requirement under law or by request of law enforcement; or
iii. if we cease to carry on business in the ordinary course.
We are not liable to you or the result of, our termination of your right to use your APX account, the Platform or our Services.
Remedies
Without prejudice to any of our rights in this agreement, if you breach or infringe these Terms in any circumstance, you acknowledge that APX may take such action as deemed appropriate to deal with the breach including suspending your account, suspending your access to the Platform, blocking your IP address from reaching our Services, contacting relevant law enforcement agencies (as the case maybe) and disclosing any private information, bringing proceedings in a court of competent jurisdiction for any equitable remedy, including injunctive relief and specific performance or any remedies in equity or law. This section will survive the termination or expiration of these Terms under any circumstance or reason.
OFFER & ADVICE
APX does not provide, in any circumstance, legal, financial, investment, tax, accounting or any other advice. We may provide certain information or content to you in relation to the lending of Crypto Assets, as defined in CSA, but you should not take any of the content or digital tools provided to you as being any form of professional advice. This Website, Platform or our Services ARE NOT a solicitation, advice, recommendation, endorsement or offer by us or a third-party service provider to buy or sell any financial asset, instrument, security etc. You assume any risk associated with our Services and warrant and confirm that you understand the risks associated with Crypto Assets and any financial transaction. We recommend you seek third party counsel.
Crypto Assets are not protected by the Canada Deposit Insurance Corporation and may be considered a security in certain jurisdictions. APX is committed to complying with all regulatory obligations and may disclose your data in certain circumstances as described in these Terms or elsewhere.
MISCELANEOUS
GOVERNING LAW, CHOICE OF FORUM AND JURISDICTION
You agree that these Terms and any additional claims, disputes or matters arising out these Terms and your use of our Services, Platform, your APX account and or Website shall be governed and construed in accordance with the laws of the Province of Ontario and the Federal laws of Canada applicable therein, without regard to any other conflict of law provisions. Any action, dispute or proceeding arising out of or concerning these Terms, the Website, or Platform shall be commenced in federal or provincial courts located in Toronto, Ontario, Canada. By agreeing to these Terms, you irrevocably and unconditionally waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
TERMINATION AND REVOCATION
APX in its sole discretion and without prior notice and without liability and at any time, may modify or discontinue, temporarily or permanently, any portion of this site.
Waiver
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE, ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING OUT OF OR IN RELATION TO THESE TERMS OF USE, WEBSITE, PLATFORM OR SERVICES.
In any event, the failure of APX to enforce or exercise any provisions of these Terms or any right granted to us through these Terms will not constitute a waiver of such right or provision. In the event any part or term of these Terms or other policies is found to be invalid or unenforceable by a court of competent jurisdiction for any reason, such section of these Terms shall be removed or limited to the minimum extent whereas the remaining sections and provisions of these Terms shall continue to stay in effect in full force and will not require additional consent.
FORCE MAJEURE
APX shall not be responsible or liable, nor deemed to have breached these terms or defaulted under these Terms for any delay or failure in performing its obligations under these Terms to the extent that such delay or failure or inconvenience is a result for the following Force Majeure events
i. An Act of God
ii. Earthquake, Fire, Flood and or any natural disaster
iii. Explosions, terrorist activities, hostilities, war, invasion
iv. Government order or law
v. Government order or laws going into effect on or after the date of these Terms
vi. Epidemic, Pandemic or Health Related emergency
vii. Other similar events beyond the reasonable control or scope of the party affected by the Force Majeure Event
GENERAL
These Terms, along with the Additional Terms and Conditions referenced and incorporated within, and any Loan Agreement, are the sole and entire legally binding agreement between you and APX with respect to the subject matter hereof, and supersede all prior agreements, written or oral, regarding the subject matter.
Latest Update: October 17 , 2023
Any Questions regarding the Terms, Service and or Website, please contact Support at support@apxlending.com
