This EaglesMart™ User Agreement (“Agreement”) is a contract between you and EaglesMart™ Financial Inc. or its affiliate as the case may be (“EaglesMart™”, “we,” or”us”). By using the website, www.eaglestmart.com, and any associated websites, APIs, mobile applications, or retail products and/or services (collectively the “EaglesMart™ Website & Services”), you agree to be legally bound to this Agreement and acknowledge that you have read, understood, and accept all the terms and conditions contained in this Agreement, our Privacy Policy, and E-Sign Consent.

Construction and Terminology

1.1 Construction. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in interpreting this Agreement. Unless the context of this Agreement clearly requires otherwise: (a) references to the plural include the singular, the singular the plural, and the part the whole; (b) references to one gender include all genders; (c) “or” has the inclusive meaning frequently identified with the phrase “and/or;” (d) “including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation;” and (e) references to “hereunder”, “herein” or “hereof” relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation, or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation, or agreement as it may be modified, varied, amended, or supplemented from time to time.

1.2 “Digital Currency” or “Digital Currencies” means any and all supported virtual currencies, cryptocurrencies, and digital assets offered through EaglesMart™ Site & Services.

1.3 “EaglesMart™ Wallet” means the Digital Currency wallet(s) that EaglesMart™ provides as a service for you to store, send, and receive Digital Currency.

1.4 “Personal Wallet” or “Personal Wallet Address” means the public key of any Digital Currency wallet to which you request EaglesMart™ to send purchased Digital Currency or Digital Currency stored in your EaglesMart™ Wallet.

1.5 “Sell Price” means the price, in any fiat currency or Digital Currency, at which you may sell a supported Digital Currency to EaglesMart™.

1.6 “Eligible Account” means an account or user who meets the criteria and conditions stipulated by EaglesMart™ and has successfully passed through the EaglesMart™ identity verification and sanction screening procedure, as mentioned in Paragraph 2.3 below.

1.7 “Exchange Rate” means, same as either Buy Price or Sell Price, the price of a supported Digital Currency given in any fiat currency or Digital Currency as quoted by EaglesMart™.

1.8 “Purchase Order” or “Purchase Orders” means any purchase of Digital Currency from EaglesMart™. A Purchase Order is considered active and open when submitted. A Purchase Order is considered completed and closed when your EaglesMart™ account has been debited, and the Digital Currency has been sent to your EaglesMart™ Wallet or Personal Wallet.
1.10 “Sale Order” or “Sale Orders” means any sale of Digital Currency to Yellow Card. A Sale Order is considered active and open when submitted. A Sale Order is considered completed and closed when your Yellow Card Wallet is debited, or Digital Currency has been received, and your Yellow Card account has been credited.
1.10 “EaglesMart™ Site” means, collectively, EaglesMart™’s website, www.eaglestmart.com, and any associated websites, APIs, and mobile applications.

1.11 “EaglesMart™ Services” means any and all products and services offered by EaglesMart™, including, but not limited to, the Crypto Exchange, CapitalPlus Pay, Stock offering, Over-the-Counter Crypto Trade, B2B API services and others.

1.12 “Funding Method” or “Funding Methods” means any and all methods of funding a EaglesMart™ account offered by EaglesMart™, including, but not limited to, EaglesMart™ gift cards, PINs, sending Digital Currency to your EaglesMart™ Wallet, credit or debit card, bank transfer, and third-party funding services.

1.13 “Service Fee” or “Service Fees” means any costs and/or fees EaglesMart™ charges for performing any of the EaglesMart™ Services.

1.14 “Permitted Jurisdiction” means any country, state, or jurisdiction in which EaglesMart™ expressly permits the use of EaglesMart™ Services. Any other country, state, or jurisdiction not expressly permitted is to be considered restricted or unavailable.

1.15 “EaglesMart™ Merchant” means any EaglesMart™ merchant, agent, location, store, or other third-party entity that offers EaglesMart™ Services and Funding Methods, including, but not limited to, EaglesMart™ gift cards, EaglesMart™ PINs, and EaglesMart™ account top-up and disbursement.

General Use

2.1 Eligibility. To register an account and use EaglesMart™ Site & Services, you represent and warrant that you are at least eighteen (18) years old.

2.2 Registration. To use EaglesMart™ Site & Services, you must register an account with your legal name, telephone number, e-mail address, password and confirm your acceptance of the User Agreement, Privacy Policy and other relevant legal Terms. You may not have more than one EaglesMart™ account. In our sole discretion, we may refuse to open an account, limit access to your account, or permanently close it if you are suspected to be in violation of this Agreement or for any other reason deemed necessary.

2.3 Identity Verification. EaglesMart™ Site & Services include features such as a Digital Currency Exchange, and as such, EaglesMart™ is required by law to collect and verify certain personal information for the purposes of identity verification, complying with applicable regulatory requirements and the detection of money laundering, terrorist financing, fraud, or other financial crimes. The personal information we are required to collect may include but is not limited to your name, telephone number, e-mail address, physical address, date of birth, taxpayer identification, government identification, and bank account information. This personal information may also be collected to increase account access limits. You represent and warrant that any information submitted to EaglesMart™ is authentic and accurate and that you will update EaglesMart™ if any applicable information changes. EaglesMart™ may use text message verification both at registration and login. You acknowledge and accept that standard text-messaging rates may apply, and EaglesMart™ is in no way responsible for these charges, nor will you be reimbursed for any such charges.
You authorize EaglesMart™ to, either directly or through third parties, verify your identity and/or protect against fraud and money laundering through any inquiries we deem necessary.
You further authorize any and all third parties to respond to any inquiries or requests directed their way. These inquiries may include but are not limited to, querying information contained in public records. In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit EaglesMart™ to keep a record of such information for the lifetime of your account plus Five (5) years beyond account closing or any other period as may be permitted by the relevant law. You further authorize EaglesMart™ to make inquiries, whether directly or through third parties, that EaglesMart™ considers necessary to verify your identity or protect you and/or EaglesMart™ against fraud or other financial crimes and to take action EaglesMart™ reasonably deems necessary based on the results of such inquiries. If EaglesMart™ carries out these inquiries, you acknowledge and agree that your personal information may be disclosed to third parties such as the credit bureaus, financial crime agencies and so on; and that these agencies may respond to EaglesMart™ inquiries in full. This is an identity check only and should have no adverse effect on your credit score or rating.
EaglesMart™ may, in its sole discretion, suspend or permanently close your account for any reason, including, but not limited to, if you are suspected of violating this Agreement, providing fraudulent or falsified information, or using your account in a prohibited way or from a prohibited region. EaglesMart™ reserves the right to require additional verification on you at any stage and for any reason deemed necessary at EaglesMart™’s sole discretion.

2.4 Privacy Policy. Please refer to our Privacy Policy (https://eaglestmart.com/privacy-policy/) for more information on how EaglesMart™ collects, stores, uses, shares, and protects your personal information. EaglesMart™ will never sell your information to third parties.

2.5 Risks. The buying, selling, and exchanging of Digital Currency may involve significant risks, including large price fluctuations. EaglesMart™ is not responsible for any changes in the value of any Digital Currency bought or sold through EaglesMart™ Site & Services, including, but not limited to, slippage or unforeseen price changes between order placement and execution. Please carefully consider your own financial position before trading or holding Digital Currency and adequately research any Digital Currency you are considering buying or selling.

2.6 Prohibition of Use. By accessing and using EaglesMart™ Site & Services, you acknowledge and declare that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List and its equivalents, nor do you reside in any restricted territory or nation. EaglesMart™ maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries. The content of this Agreement shall not be excluded from the laws of the country under which the user belongs. EaglesMart™ maintains its stance that prohibited users are not to use or access EaglesMart™ and any of its services.

EaglesMart™ Services

3.1 General.
3.1.1 EaglesMart™ Services may evolve over time. At our sole discretion, we may change, replace or discontinue temporarily or permanently any of our Services at any time for any reason whatsoever, with or without notice to you. You may be restricted from using any of our Services that have been discontinued until such Service is reactivated by us. If the Service is permanently discontinued, we may, at our sole discretion, notify you through our website or other means as we deem appropriate.

3.1.2 Access to our services. Eligible Accounts in permitted jurisdictions may access and use our Services through the EaglesMart™ Site & Services. A Customer who is yet to meet the criteria of an Eligible Account may be allowed, at our sole discretion, to interact with our products and services but with reasonable restrictions, which may include but are not limited to restrictions on (1) sending Funds or Digital Currency to an external wallet hosted by a third party; (2) sending Funds or Digital Currency to another EaglesMart™ user; (3) withdrawing Funds or Digital Currency from EaglesMart™ platform etc. EaglesMart™ reserves the right to delay or deny EaglesMart™ Services to anyone if it believes, at its sole discretion, a risk of illegal activity, fraud, and/or money laundering.

3.1.3 Transaction charge. You understand and acknowledge that the Buy Price and Sell Price of a supported Digital Currency may not be the same at a given point in time. You agree to accept our Charge Rate as the sole pricing metric in using EaglesMart™ Site & Services. If you choose to buy any Supported Digital Currency with any fiat currency other than the U.S. dollar, you agree to accept the foreign currency exchange rate (“Forex Rate” or “FX Rate”) that EaglesMart™ provides for conversion to USD or any other applicable currency.

3.1.4 Service availability. EaglesMart™ does not guarantee the availability of any EaglesMart™ Services at any given time and reserves the right to limit access to features based on jurisdiction and any other reason.

3.1.5 Account Limits. Your account may be subject to transaction and volume limits while using all EaglesMart™ Services. You may view and increase your limits from your EaglesMart™ account under the “Limits” tab. If you require limits beyond the current amounts, please contact info@eaglestmart.com EaglesMart™ may, at its sole discretion, charge applicable limits associated with your account and/or require additional information to verify your account. EaglesMart™ may, at its sole discretion, refuse to raise your account limits even if you have submitted all required information. Any attempt to circumvent your account limits will be considered a violation of this Agreement and may result in the suspension or permanent closure of your EaglesMart™ account. EaglesMart™ reserves the right to charge you any costs and/or fees associated with verifying your information. EaglesMart™ will notify you in advance of any such charges accruing on your account.

3.1.6 Funding Options. EaglesMart™ offers many Funding Options to fit your needs. By using any EaglesMart™ Services or Funding Options, you agree to comply with this Agreement. By using any third-party Funding Options, you agree to comply with this Agreement and any applicable user agreements of the third-party company. EaglesMart™ does not guarantee the availability or refund of third-party Funding Options. EaglesMart™ is not liable for any losses or other damages arising from the use of third-party Funding Options.

3.1.7 Service Fees. All EaglesMart™ Services may be subject to Service Fees. These Service Fees will be displayed to you on the EaglesMart™ Site before confirming a transaction. You may view applicable fees to your Funding Method and location on our fee structure page (https://eaglestmart.com/fees/). When funding your account via a EaglesMart™ Merchant in select jurisdictions, the EaglesMart™ Merchant may add additional service fees to the transaction. EaglesMart™ reserves the right to, at its sole discretion, change its fee structure. EaglesMart™ may periodically make fee waivers and discounts available through promotions or other events for any reason. You acknowledge that third-party Funding Methods may charge different transaction fees (e.g. bank fees, transaction fees, or foreign exchange charges) separate from and unrelated to EaglesMart™ Service Fees. EaglesMart™ will not process a transaction if associated fees exceed the value of the transaction.

3.1.8 Withdrawal to Third-Party Wallet/Customer Bank Account. Where you request for a withdrawal or transfer of your Digital Currency to an external wallet hosted by a third party or a nominated Bank Account, EaglesMart™’s obligation and responsibility on each transaction is discharged once the transaction is completed and the Digital Currency or Fiat Currency, as the case may be, is sent to the third party wallet or the nominated Bank Account. EaglesMart™ does not have access or control of transactions within a third-party wallet or the nominated bank account, you accept sole responsibility. EaglesMart™ shall not be liable for any loss arising from or in connection with any such transaction within the third-party wallet or the nominated bank account. Charge may apply.

3.1.9 Wallet Accuracy and Cancellations. When sending Digital Currency from your EaglesMart™ Wallet or buying Digital Currency to be sent to your Personal Wallet, you are required to input your Personal Wallet’s public address. IT IS IMPERATIVE THAT YOU PROVIDE AN ACCURATE, ACTIVE PERSONAL WALLET ADDRESS. PLEASE TRIPLE-CHECK YOUR PERSONAL WALLET ADDRESS. EaglesMart™ IS NOT RESPONSIBLE FOR DIGITAL CURRENCY SENT TO THE WRONG PERSONAL WALLET FOR ANY REASON.
You cannot cancel, reverse, or otherwise change any order or Funding Method, whether pending or completed. Only EaglesMart™ may, at its sole discretion and for any reason it deems necessary, refuse to process, reverse, or cancel any order, even after your EaglesMart™ account has been debited if: EaglesMart™ suspects the order may involve fraud, money laundering, illegal activity; in response to any court or government order; or you are suspected to be in violation of this Agreement. If an order is refused, reversed, or cancelled for any reason, EaglesMart™ is under no obligation to provide EaglesMart™ Services to you at the same price or on the same terms as the original order.

3.1.9 Lien. To secure the performance of your obligations under this Agreement, you grant EaglesMart™ a lien/ security interest (also known as a security cession) in and to your EaglesMart™ account balances. EaglesMart™ reserves the right to charge you or credit your EaglesMart™ account to correct any errors discovered from previous transactions, including but not limited to buying or selling Digital Currency.

3.1.10 Cash-Out Services. Only Eligible Accounts can cash out the credit on their EaglesMart™ account (“EaglesMart™ Credit”), this may be done directly to their bank account, through mobile money operators at select locations, or through other available methods. EaglesMart™ may use a third-party payment processor to process any payment in any fiat currency between you and EaglesMart™. Cash-out services are subject to Service Fees and availability.

3.2 EaglesMart™ offers the following services in connection with your EaglesMart™ Account;

3.2.1 Cryptocurrency Exchange.

3.2.1.1 Customers can receive, buy from and sell to EaglesMart™ supported Digital Currency on the EaglesMart™ platform subject to their transaction limits. Only Eligible Accounts can send supported Digital Currency to another EaglesMart™ user wallet or an external wallet on the blockchain.

3.2.1.2 Trading Digital Currency. Customers may Trade supported Digital Currency from EaglesMart™ on the EaglesMart™ platform after funding their account through any applicable Funding Methods.
Upon EaglesMart™, you authorize EaglesMart™ to charge you in withdrawal of the Digital Currency trade Orders and acknowledge that a Service Fee may apply to all withdrawal Orders in addition maintenance services.
EaglesMart™ will attempt to deliver the withdrawal Digital Currency to your EaglesMart™ Wallet or Personal Wallet as expeditiously as possible after the withdrawal Order has been submitted and processed. You are aware and acknowledge that some Digital Currencies may result in longer delays depending on the liquidity of the market at any given time, delays in the network, and that the USD withdrawal of a Digital Currency is subject to fluctuation until the withdrawal Order is completed and the Digital Currency has been sent to your EaglesMart™ Wallet or Personal Wallet. EaglesMart™ is not responsible for fluctuations or sudden changes in the withdrawal before or after a EaglesMart™ Order is submitted.
EaglesMart™ will make every reasonable effort available to complete your withdrawal Order. In the rare event that EaglesMart™ cannot fulfill a withdrawal Order for any reason, we will notify you and seek your approval before reattempting to complete your withdrawal Order at the updated.

3.2.1.3 Selling Digital Currency. Customers may sell supported Digital Currency to EaglesMart™ on the EaglesMart™ platform as a Funding Method. You authorize EaglesMart™ to charge your EaglesMart™ Wallet and credit your account in settlement of Digital Currency Sale Orders and acknowledge that a Service Fee may apply to all Sale Orders.
EaglesMart™ will attempt to credit your EaglesMart™ account for the Digital Currency sold as expeditiously as possible after the Sale Order has been submitted and processed. You are aware and acknowledge that some Digital Currencies may result in longer delays depending on the liquidity of the market at any given time, delays in the network, and that the Sell Price of a Digital Currency is subject to fluctuation until the Sale Order is completed and your EaglesMart™ account has been credited. EaglesMart™ is not responsible for any fluctuations or sudden changes in the Sell Price before or after a Sale Order is submitted.
EaglesMart™ will make every reasonable effort available to complete your Sale Order. In the rare event that EaglesMart™ cannot fulfil a Sale Order for any reason, we will notify you and seek your approval before reattempting to complete your Sale Order at the updated Sell Price.

3.2.1.4 Coin Swap. The Coin Swap feature will provide an opportunity for cross-chain conversion of supported Digital Currencies. Customers may instantly swap cryptocurrency from one currency to another currency by providing EaglesMart™ with a request to convert one Supported Digital Currency into another Supported Digital Currency, which EaglesMart™ may, in its sole discretion, elect to accept or reject.
The Customer may place a swap order by specifying the type and amount of the Digital Currency the Customer wants to swap for another Digital Currency (a “Coin Swap Order”). EaglesMart™ may provide a non-binding quote for the conversion (a “Swap Quote”), which the Customer may accept or decline within such period as EaglesMart™ may, in its sole discretion, specify.
Without any reservation, it is the Customer’s sole responsibility to verify the competitiveness of the price and decide whether to accept the Swap Quote or not within the specified time. The customer’s acceptance of the Swap Quote (the “Customer Trade Request”) authorises EaglesMart™ to temporarily lock the Customer’s Digital Currency that is to be converted until the conversion is completed. EaglesMart™ may accept or reject the Customer Trade Request at its sole discretion, depending on market conditions and other factors, at the appropriate time.
Where EaglesMart™ accepts the Customer Trade Request, EaglesMart™ will guarantee the price (regardless of price movement) and the amount it provides to the Customer and will settle the Digital Currency accordingly.
The settlement is expected to be instant. However, it is possible that the settlement process may delay or completed within a longer timeframe, depending on various factors, including market conditions, technical issues, etc. In the course of settlement, the Customer cannot cancel the conversion or transfer, withdraw, or trade the Digital Currency that is being processed. Also, the Customer shall not send the Digital Currency to a third-party wallet outside EaglesMart™ during the conversion. EaglesMart™ shall not be held responsible for potential loss or opportunity cost in connection with any price change of the Digital Currency being processed during this settlement period.
The Customer should conduct independent research into different Digital Currencies before using this Service. The Customer bear full and sole responsibility for any profit or loss in connection with their use of this Service and shall indemnify and hold EaglesMart™ harmless.

Additional EaglesMart™ Services;

3.2.2 CapitalPlus Pay.
3.2.2.1 CapitalPlus Pay is a cross-border crypto remittance service that allows you to send and receive value cross-border. With CapitalPlus Pay, the Sender sends a certain amount of funds in USDT (the “Transfer Amount”) through our cryptocurrency exchange platform (the “Exchange Platform”) to a designated recipient within the Exchange Platform (the “Receiver”) (each such transaction, a “Transfer”) who then liquidates the USDT for local fiat currency.

3.2.2.2 The Sender and the Receiver require a EaglesMart™ account to initiate and receive value, respectively. If the Receiver is a non-user at the time transfer is initiated by the Sender, an invite notification will be sent to the Reciever to sign-up and receive the funds sent. The Receiver consents and agrees to receive an invite notification for this purpose. The Receiver acknowledges and accepts that the invite notification is a transactional message sent on behalf of the Sender; it does not constitute marketing or promotional communication. The Receiver understands and accepts that account sign-up qualifies the Receiver as a EaglesMart™ Customer, and all terms and conditions applicable to a EaglesMart™ Customer apply to the Receiver.

3.2.2.3 Receiver acknowledges and accepts that only an Eligible Account can access funds withdrawal on CapitalPlus Pay, and withdrawal is subject to transaction limits as mentioned in paragraph 3.1.5 above. The Receiver is solely responsible for ensuring that the Receiver meets the Eligible Account criteria to access funds withdrawal.

3.2.2.4 The Sender acknowledges that additional terms and conditions apply, and to access the CapitalPlus Pay service, the Sender must separately read and accept CapitalPlus Pay additional terms of use.

3.2.3 Cryptocurrency OTC Trade.
EaglesMart™ offers high-net-worth individuals and businesses the ability to Trade Forex and Mining supported Digital Currency over-the-counter desk in large volumes. This is EaglesMart™ cryptocurrency wholesale trading desk. Before conducting a cryptocurrency OTC trade, you must separately read and agree to our Cryptocurrency OTC Master Trading Agreement and other EaglesMart™ trading Rules, as well as comply with EaglesMart™ identity identification and sanction screening requirements. Customers must agree to and execute the EaglesMart™ Cryptocurrency OTC Master Trading Agreement separately before engaging in a Trade.

3.2.5 B2B API Payment.
The B2B API Payment service allows businesses to provide on-ramp and off-ramp services to their customers in select jurisdictions. Businesses can collect and disburse funds to their customers through EaglesMart™’s API. Before using this service, Businesses shall agree to and execute our EaglesMart™ API Contract separately.

3.2.6 Invest: Stock.
EaglesMart™ offers Customers an opportunity to invest and trade in fractional shares of publicly traded foreign companies at their convenience via the EaglesMart™ account. Additional terms and conditions apply.

Account Use and Termination

4.1 Account Security. EaglesMart™ shall maintain appropriate organisational and technical measures to ensure customer data security, confidentiality, and integrity. However, you acknowledge and accept that you are entirely responsible for protecting your account information and any information relating to EaglesMart™ Site & Services, including, but not limited to, your password, email address, telephone number, EaglesMart™ PINs, EaglesMart™ gift card codes, and Funding Methods information. You are aware of phishing and spoofing attacks carried out through email and SMS, and you will carefully review Communications to ensure they are legitimate and originate from EaglesMart™. EaglesMart™ assumes no responsibility for any loss that may be sustained due to a compromise of your account, your personal information, or failure to follow Communications delivered to you, or damages or interruptions caused by computer viruses, spyware, or other malware that may be contained in phishing attacks and messages. Always access your EaglesMart™ account directly through the EaglesMart™ Site to prevent unauthorised access to your account. If you believe your EaglesMart™ account has been compromised, you are uncertain about a message, or you suspect a phishing scam, please report the situation immediately to info@eaglestmart.com

4.2 Hacking. You represent and warrant that your use of the EaglesMart™ Services and interactions with third parties comply with all applicable laws, regulations, and sanctions programs, among other legal or government mandates and requests. You agree not to attempt to damage, deny service to, hack, crack, exploit, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site, the App, the Content and/or any other resources and services operated by EaglesMart™, in any manner.
Customers who engage in this activity may have their accounts closed without notice and be banned from the platform. The Customer will be reported to relevant law enforcement authorities and prosecuted in accordance with applicable law. EaglesMart™ may also pursue civil claims against these Customers.
EaglesMart™ reserves the right to, at its sole discretion and without notice, block any transactions or suspend or permanently close any account believed to violate any of the above or a risk to EaglesMart™.
Any automated means of accessing the EaglesMart™ Services not approved and provided by EaglesMart™ is expressly prohibited.

4.3 Account Suspension and Permanent Closure. EaglesMart™ may suspend, restrict, or permanently close your EaglesMart™ account for any reason deemed necessary, including, but not limited to, a court or authorised governmental agency order; suspicion of prohibited use; heightened legal or regulatory risk to EaglesMart™; abuse of the EaglesMart™ account, system or promotions; or inability of our partners to support your EaglesMart™ account. You acknowledge and accept that EaglesMart™ is not required to notify you of our actions or the reasoning and that the decision may be based on confidential criteria and information.
Please contact info@eaglestmart.com to retrieve your CapitalPlus Pay Credit from a permanently closed account. You may close your EaglesMart™ account at any time by contacting info@eaglestmart.com

4.4 Limited License and Relationship. EaglesMart™ grants you a limited, revocable, non-exclusive, non-transferable license, subject to this Agreement, to access and use EaglesMart™ Site & Services. Any unapproved or unpermitted use of EaglesMart™ Site & Services is expressly prohibited. You agree you will not copy, distribute, license, modify, publish, reverse engineer, sell, transmit, or in any other way exploit the works or content of Yellow Card Site & Services in whole or part. Violating any portion of this Agreement may result in the termination of your EaglesMart™ account. “eaglestmart.com”, “EaglesMart™,” “EaglesMart™ Financial”, “CapitalPlus Pay”, and all logos displayed on or related to the EaglesMart™ Site & Services are either trademarks or registered marks of EaglesMart™ or its licensors. Any imitation or use of the above without the prior written consent of EaglesMart™ is expressly prohibited. EaglesMart™ is an independent contractor for all intents and purposes. You and EaglesMart™ are not to be treated in any way as partners, joint ventures, or agents of the other, nor shall anything in this Agreement be deemed to infer such a relationship.

4.5 Third-Party Links. EaglesMart™ may, for your convenience, provide links to third-party websites and materials not controlled by us. References to third-party content are not considered an endorsement. You acknowledge and accept that EaglesMart™ is not responsible for any losses incurred due to action taken in response to or reliance on the information, services, or other materials contained in any third-party websites accessible from or linked to the EaglesMart™ Site.

4.6 Accuracy of EaglesMart™ Site Information. EaglesMart™ strives to provide accurate and updated information on Digital Currencies, EaglesMart™ Services, and other information on the EaglesMart™ Site. You acknowledge and accept that information on the EaglesMart™ Site, including, but not limited to, information on supported Digital Currencies, may not always be entirely accurate, complete, or current and may contain typographical errors. EaglesMart™ may change or update information on the EaglesMart™ Site, including, but not limited to, information regarding its policies and EaglesMart™ Services, without notice to you. You should independently validate and verify any information on the EaglesMart™ Site before relying on it, and EaglesMart™ shall have no liability for decisions based on information found on the EaglesMart™ Site.

4.7 Taxes. You acknowledge and accept that it is your sole responsibility to comply with any tax laws in your jurisdiction arising from the use of EaglesMart™ Services or Digital Currencies and to report and remit those taxes to the appropriate authorities.

4.8 Unclaimed Property. Funds held in your EaglesMart™ account may be considered unclaimed if EaglesMart™ cannot contact you and has no record of your use for several years. EaglesMart™ may be required by law to report and deliver these funds to the jurisdiction as unclaimed property. As permitted by law, EaglesMart™ reserves the right to deduct a dormancy fee or other related charges from unclaimed funds.

Dispute Resolution

5.1 Contact. Please contact info@eaglestmart.com or open a support ticket on the EaglesMart™ Site with any feedback, questions, or complaints relating to EaglesMart™ Site & Services.

5.2 Waiver of Class Action. Disputes arising under this Agreement will be settled in binding arbitration. You and EaglesMart™ hereby expressly waive trial by jury and the right to participate in a class action lawsuit or class-wide arbitration. The prevailing party in the proceeding is entitled to reasonable costs and attorneys’ fees.

General Provisions

6.1 Governing Law. This Agreement will be construed in accordance with and governed by the laws of the State of New York-City USA without giving effect to conflict of law principles.

6.2 Indemnification. You acknowledge and understand the meaning and legal consequences of the representations and warranties contained in this Agreement and hereby agree to indemnify and hold harmless EaglesMart™ and any affiliate of EaglesMart™, and the officers, members, managers, associates, related entities, agents, and employees of EaglesMart™ and their affiliates, and any professional advisers to any of the above parties, from and against any and all loss, damage or liability (including costs and reasonable attorneys’ fees) due to or arising out of a breach of any representation, warranty or acknowledgement of yours, your failure to fulfil any obligation contained in this Agreement or violation of any laws, rules or regulations, or the rights of any third party by you.

6.3 Limited Liability and No Warranty. ALL EaglesMart™ SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. EaglesMart™ MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT EaglesMart™ AND ANY AFFILIATE OF EaglesMart™, THE OFFICERS, MEMBERS, MANAGERS, ASSOCIATES, RELATED ENTITIES, AGENTS, AND EMPLOYEES OF EaglesMart™ AND THEIR AFFILIATES, AND ANY PROFESSIONAL ADVISERS TO ANY OF THE ABOVE PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY DAMAGES, OR DAMAGES RESULTING FROM LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES. EaglesMart™ AND THE PARTIES ABOVE SHALL NOT BE LIABLE FOR ANY AMOUNT GREATER THAN THE CREDIT VALUE ON YOUR EaglesMart™ ACCOUNT.

6.4 Survival. All provisions hereunder which are by their nature continuing and will survive the termination of this Agreement.

6.5 Force Majeure. EaglesMart™ shall not be liable for any failures or delays resulting from any situation beyond our reasonable control, including, but not limited to, civil unrest, government actions, earthquake, fire, flood, epidemic, other acts of God, equipment failures, and Internet outages.

6.6 English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to the definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

6.7 Assignment. You acknowledge and accept that you may not assign or transfer any rights or obligations granted under this Agreement. Any attempted assignment or transfer shall be void. EaglesMart™ reserves the right to freely cede rights and assign obligations in this Agreement to any third party without notice. Notwithstanding the foregoing, this Agreement shall bind you and your heirs, executors, administrators, guardians, personal representatives, or trustees in bankruptcy.

6.8 Severability. In the event that any provision of this Agreement is held to be unenforceable under applicable law, this Agreement will continue in full force and effect without such provision and will be enforceable in accordance with its terms.

6.9 Entire Agreement. This Agreement, the Privacy Policy, additional Terms of Use and all Appendices embody the entire agreement and understanding between the parties hereto with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements and understandings other than this Agreement relating to the subject matter hereof.

6.10 Amendments. EaglesMart™ may, to the extent permitted by applicable law, amend the terms and conditions of this Agreement (or add additional terms) at any time by posting the amended terms on the EaglesMart™ Site, and any such amendment shall be effective upon such posting on the website. The amended Agreement shall be deemed accepted by you. If you do not agree to the amendments, your sole remedy is to immediately terminate use of EaglesMart™ Services and close your account. You agree that we shall not be liable to you or any third party for the loss suffered by modification or termination of EaglesMart™ Services or the suspension or termination of your EaglesMart™ account and access to EaglesMart™ Services. If an amendment is made for security purposes, EaglesMart™ may implement such amendment immediately, without prior notice to you and before the such change may be posted on the website.

6.11 Waivers. No provision of this Agreement may be waived except by a written document executed by the party entitled to the benefits of the provision. No waiver of a provision will be deemed to be or will constitute a waiver of any other provision of this Agreement. A waiver will be effective only in the specific instance and for the purpose for which it was given and will not constitute a continuing waiver.

PAIR-PAY Payment gateway

6.12 PAIR-PAY transaction payment gateway has the right to charge on each withdrawal transaction made from EaglesMart™ customer account.
PAIR-PAY also has the permit to declined any withdrawal transaction that doesn’t meet it’s withdrawing fees.

You are not permitted to use EaglesMart™ Services unless you are a citizen or permanent resident of a Permitted Jurisdiction. EaglesMart™ is constantly expanding the reach of its services, and if your country, state, or jurisdiction is not currently included, Yellow Card is working diligently to add it. Please contact info@eaglestmart.com with questions or requests. You are encouraged to sign up for a EaglesMart™ account from any country, state, or jurisdiction to receive updates regarding the availability of EaglesMart™ Services in your area.

EaglesMart™ Permitted Jurisdictions. EaglesMart™ currently allows users from all non-sanction countries to open accounts; however, EaglesMart™ Services may be limited or restricted in your jurisdiction.

Appendix B: E-Sign Consent

You acknowledge and consent to the electronic delivery of agreements, disclosures, documents, and notices (collectively “Communications”) related to your EaglesMart™ account is required to open an account or use the EaglesMart™ Services. Communications include, but are not limited to, terms you agree to and updates to these agreements (e.g. this Agreement and Privacy Policy), account activity, customer support, and required legal disclosures. Communications may be provided in many ways, including, but not limited to, being posted on the EaglesMart™ Site and emailed to the primary email address on your EaglesMart™ account.

Hardware and Software Requirements. Accessing and retaining Communications requires computer hardware and software, including, but not limited to, a valid email address, a web browser with cookies enabled capable of supporting at least 128-bit encryption, and sufficient storage space.
Receiving Communications. All Communications received electronically will be considered “in writing” for all intents and purposes. You acknowledge and accept that any Communications are considered received 24 hours after they are posted to the EaglesMart™ Site or 24 hours after they are emailed to you unless EaglesMart™ receives notice that the email was not delivered.
Updating Your Information. You acknowledge and accept that it is your responsibility to ensure your contact information, including, but not limited to, your email address, is accurate and current. You may update your information on your account or by contacting info@eaglestmart.com You acknowledge and accept that Communications not received due to inaccurate information or other technical errors on your end will be considered delivered.
Withdrawing Your Consent. You may withdraw your consent to receive electronic Communication by sending a request to info@eaglestmart.com You understand that a reasonable period of time may be necessary to process your request. When you withdraw your consent, EaglesMart™ reserves the right to close your account or charge additional fees for paper copies of Communications. This Appendix, pertaining to the electronic delivery of communications by EaglesMart™, may occasionally be amended, and the revised version is effective immediately when posted on the EaglesMart™ Site.