Terms and Conditions of Use
1. Acceptance of Terms and Conditions
1.1 These terms and conditions (the “Terms”) set out below will govern your use of this website (www.custodiex.com - the “Website” and constitute a legal agreement. By accessing and using the Website, you are deemed to have read, understood and agreed to the Terms.
If you do not agree to these Terms, please do not use the Website.
1.2 The Website is owned and operated by Custodiex Ltd, whose registered office address is 20-22 Wenlock Road, London, United Kingdom N1 7GU (“us”, “we”, “our” or "Custodiex").
All references to “you” or “your,” as applicable, mean the person who accesses or uses the Website in any manner, and each of your successors and assigns. If you use the Website on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
For the purposes of these Terms, Custodiex Ltd includes any and all Custodiex affiliates, subsidiary undertakings, cobranded businesses and joint ventures which may exist from time to time.
These Terms do not apply to other products or services we may offer.
1.3 Custodiex is an provider of real-time cold storage custody and services in respect of digital assets (“Digital Assets” which term includes crypto currencies and fiat money) (“Fiat Money” which term means legal tender whose value is backed by the issuing government) to financial institutions, investment and other professionals only. It does not offer any trading services in respect of Digital Assets and Fiat Money. Custodiex is a technology company providing hardware, software and consultancy services.
2 2. Disclaimer
2.1 This Website contains information and data in various forms about Custodiex Ltd, its areas of business and general information including but not limited to technology, and Digital Assets and the areas and markets in which Custodiex operates (the “Information”).
2.2 Except where it is otherwise expressly stated, the Information is not intended to, nor does it, constitute financial, legal or other professional advice or services. The Information is provided on an information basis only and should not be relied upon. If you need advice or services on a specific matter, please contact us directly.
2.3 We do not give any guarantee or warranty that the Website or any Information is accurate, current or complete. We believe that the Information is correct at the time of publication, but no warranties are given. Custodiex accepts no responsibility for any errors, omissions, or inaccuracies in respect of any Information or otherwise in respect of the Website. In addition, Custodiex gives no warranties that the Website or any of the Information will be uninterrupted or error free or that any defects will be corrected or that this Website, any servers or any transmissions sent from us or through this Website will be free of any harmful elements such as viruses.
2.4 Custodiex endeavours to ensure that the Information is accurate and current but accepts no liability for the consequences of any action taken on the basis of the Information and any implied warranties, including but not limited to any implied warranties in respect of quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent permitted by applicable law.
2.5 Neither Custodiex nor its owners, officers, directors, employees and other representatives will be liable for any loss arising out of or in connection with the use of this Website or any of the Information including, without limitation, direct, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise.
3 3. Third Party Links
3.1 Any links on the Website to other websites or web pages are for information purposes only. We accept no responsibility for the content of such websites or web pages, nor do we accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any website to which this site is linked. No endorsement is given or responsibility taken by Custodiex in respect of the content of external websites that are contained in this Website or that link to this.
3.2 In the absence of prior written consent from the Directors of Custodiex you are prohibited from framing, linking or deep linking this Website to any other website. If you should you wish to frame or to set up a link / deep-link to our Website, please contact Helen Von Trotsenburg; Custodiex Ltd, Registered office: 20-22 Wenlock Road, London, United Kingdom N1 7GU Registered in the UK: Company No. 11634033 www.custodiex.com
4.1 Custodiex uses reasonable endeavours to protect this Website from computer viruses, worms, Trojan horses and malicious code (together “Malware”), however, we do not warrant that the Website is free from Malware and accept no liability for any damage that may result from the transmission of any Malware via this Website or via any files which are available for you to download from this Website.
5.1 Except as otherwise shown, Custodiex is the owner of the copyright in all the Information on this Website and of all related intellectual property rights, including but not limited to all trademarks, service marks, trade names and logos.
5.2 In connection with for your personal use or for internal use within your organisation only, you may (i) download, display, print, temporarily store and retrieve Information on a computer screen (or on a mobile phone or other mobile computing device in the case of an RSS feed or a podcast) and (ii) print individual pages on paper (but not photocopy) and store such pages in electronic form on disk (provided not on any server or other storage device connected to the network).
5.3 Unless we consent in writing you shall not adapt, modify, tamper with or change the Information on this Website or any part of it and the Information or any part of it may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way to any third parties for commercial gain.
6. Changes to the Terms/Modification, Suspension, Discontinuance of the Website
6.1 Custodiex reserves the right at any time, at its discretion, to modify, edit, delete, suspend or discontinue, temporarily or permanently (i) this Website (or any part of it), and/or (ii) the Information, materials, products and/or services available through the Website (or any part of it), or (iii) these Terms, in each case with or without notice. You agree that we shall not be liable to you or to any third party in such event. In the event of changes to the Terms your continued use of the Website will constitute your agreement to be bound by these Terms as amended.
7. Waiver, Severability, and Entire Agreement
7.1 If any of the provisions in these Terms or any part of them is found to be illegal, invalid or otherwise unenforceable under the laws of any jurisdiction in which these Terms are intended to be effective, then to the extent that they are illegal, invalid or unenforceable, they shall be treated as deleted from these Terms in that jurisdiction and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that jurisdiction.
7.2 Any failure by us at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Custodiex of any breach of any provision of these Terms and Conditions or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right herein.
7.3 These Terms, together with any other provisions governing the Website, comprise the entire agreement between you and Custodiex with regard to the Website and supersede all prior or current negotiations, discussions or agreements, whether written or oral, between us.
Provided that if you are accessing the Website as an agent of a Custodiex client who has entered into any client agreement with Custodiex, in the event of a conflict between these Terms and such client agreement, the client agreement terms shall prevail.
8. Force Majeure Events
8.1 Custodiex will not be responsible for any breach of these Terms caused by a Force Majeure Event. For the purposes of this provision a “Force Majeure Event” means an event beyond our reasonable control, including, without limitation, strike, lockout, labour dispute (other than any strike, lock-out, labour dispute by our personnel), act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental or regulatory body order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and acts or omissions by third parties for which we are not responsible.
9. Downloading of Information
9.1 Some Information may be available for download from the Website and is subject to these Terms.
10. Governing law and Jurisdiction
10.1 These Terms are subject to English law and to the exclusive jurisdiction of the English courts.
Copyright © Custodiex Ltd
Custodiex understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.custodiex.com (“Our Site”) and only collect and
1. Information About Us
This website is owned and operated by Custodiex Ltd, Registered office:20-22 Wenlock Road, London, United Kingdom N1 7GU Registered in the UK: Company No. 11634033 www.custodiex.com Data Protection Officer: Helen Von Trotsenburg Operational Manager
2. What Does This Policy Cover?
3. What Is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can
be directly or indirectly identified in particular by reference to an identifier’. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
4. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
b) The right to access the personal data we hold about you. Part 9 will tell you
how to do this.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 10 to find out more.
d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 10 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to us using your personal data for a particular purpose or purposes.
g) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
h) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
i) Rights relating to automated decision-making and profiling. We do not use your personal data in this way. For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 10. It is important that your personal data is kept accurate and up-to-date.
j) If any of the personal data we hold about you changes, please keep us informed as long as we have that data. Further information about your rights can also be obtained from the Information Commissioner’s Office https://ico.org.uk/. If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so
please contact us first, using the details in Part 10.
5. What Personal Data Do You Collect and How?
Subject to the following, we do not collect any personal data from you. we do not place cookies on your computer or device, nor do we use any other means of data collection. Custodiex.com collects certain information automatically, including your IP address and the type of browser you are using and certain other non-personal data about your computer or device such as your operating system type or version, and display resolution.
If you send us an email, we may collect your name, your email address, and any other information which you choose to give us. For the purposes of the Data Protection Legislation, we are the data controller responsible for such personal data.
The lawful basis under the Data Protection Legislation that allows us to use such information is article 6(1)(f) of the GDPR which allows us to process personal data when it is necessary for the purposes of Our legitimate interests, in this case, the proper operation and functionality of Our Site. If you contact us as described above, you will be required to consent to Our use of your personal data to contact you. In this case, Our lawful basis for using your personal data will be article 6(1)(a) of the
GDPR, which allows us to use your personal data with your consent for a particular purpose or purposes.
6. How Do You Use My Personal Data?
Where we collect any personal data, it will be processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the Data Protection
For more details on security see Part 7, below. As stated above, we do not generally collect any personal data directly from you, but if you contact us and we obtain your personal details from your email, we may use them to respond to your email. The other technical data referred to above is necessary for the technical operation of www.custodiex.com
7. How and Where Do You Store My Data?
We may store some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have
data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection
Legislation as follows: Please contact us using the details below in Part 10 for further information about the particular data protection mechanisms used by us when transferring your personal data to a third country. Personal data security is essential to
us, and to protect personal data, we take the following measures:
• Limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
• Procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so.
8 Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exception. In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved
in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority. If any of your personal data is transferred to a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, Our obligations, and the third party’s obligations under the law, as described above in Part 7.
9. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”. All subject access requests should be made in writing and sent to addresses shown in Part 10. There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover Our administrative costs in responding. We will respond to your subject access request within one month of receiving it.
Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
10. How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Helen Von Trotsenburg; Custodiex Ltd, Registered office: 20-22 Wenlock Road, London, United Kingdom N1 7GU Registered in the UK: Company No. 11634033 www.custodiex.com