These AirSwap Terms of Use (the Agreement) govern your use of AirSwap Token Trader (the Platform). By accessing the Platform, including any website hosting the Token Trader service from time to time (the Platform Website), you agree that you have read, understood and accepted all terms and conditions contained in this Agreement.

AIRSWAP TERMS OF USE

1) SCOPE

  1. This Agreement governs your relationship with Swap Holdings Limited (AirSwap) and your use of the Platform. By accessing the Platform and by your continued use of the Platform you agree to comply with the terms of this Agreement, including making the representations specified herein, and other reasonable instructions notified to you relating to the use of the Platform.
  2. This Agreement is not intended to conflict with and will not override any legal or regulatory requirements to which AirSwap or you are subject. If there is any conflict between any provision of this Agreement and any Applicable Law, AirSwap shall be entitled to take, or omit to take, any action it considers necessary to comply with such Applicable Law. Any such action or omission will not constitute a breach of AirSwap’s obligations under this Agreement and such action or omission will be binding on you.

2) ACCOUNTS AND ELIGIBILITY

  1. Eligibility. The platform is limited to individual users who are at least 18 years old. AirSwap may from time to time impose eligibility requirements that must be met in order to engage in any activity on the Platform, including but not limited to requirements to lock up a minimum amount of AirSwap tokens.
  2. Wallet Confirmation. In order to access the Platform you must confirm your control of a public address on the Ethereum blockchain in accordance with the procedures set forth on the Platform Website, accept the terms of this Agreement, and receive an acknowledgment of such confirmation from AirSwap via the Platform Website, prior to any activity on the Platform. AirSwap retains the right to refuse confirmation of any wallet for any reason.

3) AIRSWAP PLATFORM SERVICE

  1. Subject to Applicable Law (as defined below), you may access the Platform to view indicative pricing and request bids to buy, or offers to sell, (Bids or Offers, respectively) ERC20 Ethereum tokens (Tokens) from counterparties (each, a Counterparty).
  2. The Platform may from time to time, in AirSwap’s sole discretion, distribute indicative pricing obtained for Tokens. Such pricing may be subject to change and is not a Bid or an Offer.
  3. Counterparties may provide you with Bids and Offers, and you may accept or reject such Bids or Offers, in each case via any non-Platform means of communication (including, without limitation, messaging via peer-to-peer protocol). Upon your acceptance of a Bid or Offer (which acceptance occurs off the Platform) and the transaction being recorded on the Ethereum blockchain, you and the relevant Counterparty will enter into a binding transaction with respect to the relevant Token (a Transaction).
  4. The parties to a Transaction agree that they will be legally bound by the terms of such Transaction from the moment the Transaction is recorded on the Ethereum blockchain.

4) CUSTOMER ACKNOWLEDGMENTS

  1. The prices provided by a Counterparty may be subject to change until negotiations between you and such Counterparty have finalized and the Transaction is executed and recorded on the Ethereum blockchain.
  2. Transactions are not executed on or via the Platform itself and are only valid and effective contracts, binding on the parties in accordance with their terms, once recorded on the Ethereum blockchain.
  3. AirSwap does not serve as an agent on behalf of you, any Counterparty or any other party. You acknowledge that you and any relevant Counterparty are engaged in arm’s-length negotiations. Execution of a Transaction between you and your Counterparty does not establish a relationship between you and AirSwap.
  4. AirSwap is not under any obligation to evaluate the suitability or fairness of any Transaction or otherwise provide any advice to any of the Transaction parties. Trading should be discussed with your professional financial, legal, tax or other advisers.
  5. You acknowledge that AirSwap makes no representation as to, and does not accept any liability with respect to, the accuracy, completeness or appropriateness for any particular purpose of any pricing information distributed via the Platform. Prices may be higher or lower than prices available on other platforms.
  6. You acknowledge and agree that any and all Transactions occurring as a result of or in connection with Bids and Offers are binding in all respects on you. You recognize the immutability of the Ethereum blockchain and accept that once a Transaction is recorded on the blockchain it cannot be undone. AirSwap shall be entitled to rely on any instruction, notice or communication, that it believes to be from an individual authorized to act on your behalf and you shall be bound thereby. AirSwap is under no duty of inquiry or verification regarding the identity or capacity of any person who acts on the Platform on your behalf, and any such person will be viewed as having the authority to bind you.
  7. You acknowledge and agree that AirSwap’s services are contingent on the Ethereum blockchain functioning as intended, and that AirSwap has no control over the function of the Ethereum blockchain. Ethereum is subject to risks, including but not limited to: the existence of technical flaws in Ethereum; targeting of Ethereum by malicious persons; changes in Ethereum’s consensus protocol or algorithms; decreased community or miner support for Ethereum; rapid fluctuations in the value of the Ethereum cryptocurrency, Ether; the existence or development of competing networks and platforms; the existence or development of forked versions of Ethereum; flaws in the Solidity scripting language; disputes between Ethereum developers, miners and/or users; and regulatory action against Ethereum developers, miners and/or users.
  8. Developments in cryptographic technologies and techniques, including (but not limited to) the advancement of artificial intelligence and/or quantum computing, pose security risks to all cryptography-based systems including Ethereum and the Platform. These advancements may result in theft, loss, disappearance, destruction, devaluation or other compromises of AirSwap or the Platform. Ethereum code, including the code contained within token sale and Transaction smart contracts, is code subject to flaws and nascent technology. The code behind the Platform is therefore always potentially subject to one or more defects, weaknesses, inconsistencies, errors or bugs that could lead to a loss of property or value.
  9. Ethereum uses public/private key cryptography. You alone are responsible for securing your private key. Losing control of your private key will permanently and irreversibly deny you access to funds on the Ethereum blockchain. Neither AirSwap nor any other person will be able to retrieve or protect your funds. Once your private key is lost, you will not be able to transfer your funds to any other address or wallet. If this occurs, you will not be able to realize any value or utility that you may hold now or in future.
  10. You acknowledge and agree that AirSwap is not obligated to distribute prices or pricing information via the Platform. You acknowledge and agree that, at any time and for any reason, including as a result of market volatility, liquidity disruption, or technological issues, AirSwap may, in its sole discretion, without limitation and without notice to you, suspend, cancel or terminate the Platform, or the distribution of prices or pricing information via the Platform. You acknowledge and agree that at any time and for any reason, after a reasonable attempt to notify you, AirSwap may to the extent permitted by Applicable Law, cancel any existing and outstanding pricing information requested or communicated via the Platform. You acknowledge and agree that such actions taken by AirSwap may cause transactions to be delayed, unexecuted or rejected. You agree that AirSwap will have no responsibility for pricing information submitted to the Platform by third parties, or any delayed, unexecuted or rejected transactions that result from any event, unavailability of or other disruption related to such pricing information.
  11. You acknowledge and agree that it is your sole responsibility to determine to what extent any Transaction is subject to taxes in your jurisdiction, and to withhold, collect, report and remit the correct amounts to the relevant tax authorities.

5) CUSTOMER OBLIGATIONS

  1. You covenant that all activity and conduct in connection with your use of the Platform, including any resultant Transactions, will be in compliance with all applicable laws, rules, regulations, requirements, guidelines, policies, economic or financial sanctions, and trade embargoes enacted, imposed, administered, or enforced by any international, national, state, or local governmental or quasi-governmental body or the respective governmental institutions of any of the foregoing (including, without limitation, the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of Commerce, the U.S. Department of Commerce, and Her Majesty’s Treasury), any self-regulatory organization, and any market, settlement functionality or clearinghouse through which the Transactions are executed, cleared or settled (Applicable Law).
  2. In using the Platform, you will not engage in any act, whether on its own or in combination with other acts, which is illegal or in violation of any laws, rules, or regulations of any jurisdiction, including without limitation attempting to improperly influence the Platform rate of any token or currency or any associated benchmark, level or rate. You will not use the Platform to engage in any market manipulation, spoofing or other conduct prohibited under Applicable Law.
  3. At all times when using the Platform, you agree to obtain and maintain all appropriate authorizations for any relevant jurisdiction, and if requested by AirSwap, you will provide evidence of such authorizations. You further agree to immediately inform AirSwap of any revocation or loss of any such authorization.
  4. You acknowledge and agree that any request for a Bid or Offer submitted via the Platform is submitted at your sole risk. You accept continuing responsibility for any trading requests that you have submitted. You shall be responsible for the accuracy and the adequacy of the data and/or information that you input on the Platform and any consequences associated with inaccurate or inadequate data and/or information.

6) ACCESS TO PLATFORM

  1. AirSwap grants to you a limited, non-exclusive, non-transferable, revocable, personal license during the term of this Agreement to access and use the Platform strictly in accordance with this Agreement, on your own account as principal, solely for the purposes of viewing data and communicating regarding pricing information. All rights not expressly granted herein are reserved by AirSwap and/or its licensors. You acknowledge and agree that all right, title and interest in and to the Platform, including, but not limited to, any copyrights, trademarks (including service marks and logos), domain names, patents or other intellectual property rights, belong to AirSwap and/or AirSwap’s licensors, as applicable, and are protected under Applicable Law.
  2. It is your responsibility to maintain adequate security and control of any and all means to access the Platform, including but not limited to IDs, keys, user names, email addresses, email accounts, passwords and hints, personal identification numbers, and account information. AirSwap is not responsible for any loss incurred by you as a result of loss of any of the abovementioned means to access the Platform and related funds. It is your responsibility to ensure that your information technology system (your IT System) supports access to the Platform, as applicable. You agree that connecting to the Platform is at your own risk and that AirSwap will not be responsible for any loss, damage or disruption to your IT System caused by your connection to the Platform, as applicable.
  3. You will not assign, transfer, grant access or use of, disclose or otherwise provide any content on AirSwap’s Platform to a third party or display data electronically without AirSwap’s express written consent. You agree that any information and content that is received through AirSwap’s Platform or otherwise that relates to pricing, execution or market data is AirSwap’s intellectual property and cannot be shared or disclosed to any third party whatsoever, without AirSwap’s express written consent.
  4. You acknowledge that your license to access and use the Platform is subject to the restrictions and prohibitions set forth in this Agreement. You will not:
    1. perform any act that would infringe (whether directly or indirectly) any intellectual property rights of AirSwap, other users of the Platform or other third parties;
    2. take part in the unauthorized commercial use or reproduction of any and all information, intellectual property, copyrights, names and likenesses to which Airswap holds the rights;
    3. perform any act that would infringe (whether directly or indirectly) any privacy rights or other rights or interests of Airswap, affiliated companies, others related to Airswap, other users of the Platform or other third parties;
    4. use any metatags or “hidden text” utilizing any name, trademark, domain name or product or service name of AirSwap without AirSwap’s prior written consent or use, frame or utilize framing techniques to enclose any AirSwap trademark or other proprietary information, including the images found on the Platform, the content of any text or the layout or design of any page, or any form contained on a page, on the Platform without AirSwap’s prior written consent;
    5. upload, transmit or otherwise make available any information that contains any computer viruses, bugs, trojan horses, worms, software bombs, malware, contaminants or any other harmful or disruptive code, file or program;
    6. exploit errors, bugs, security loopholes or other defects found in any of the AirSwap systems or networks or attempt to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;
    7. interrupt, disable or limit the functionality of the Platform or any software, hardware, system, server, network or telecommunications equipment, or place an excessive or otherwise unreasonable burden on any of the foregoing;
    8. interfere or attempt to interfere with the proper operation of the Platform or any activities conducted on the Platform;
    9. copy, reproduce, distribute, decompile, reverse engineer, translate, modify, market, display, publicly perform, sublicense, create derivative works or adaptations of, sell, resell, transfer or otherwise make available in any form or by any means, except as otherwise permitted by this Agreement, all or any portion of the Platform, any code that is part of the Platform, or any information and content retrieved therefrom;
    10. attempt to gain unauthorized access to, or bypass any measures AirSwap may use to prevent or restrict access to, any portion of the Platform, or otherwise access any content on the Platform through any technology or means other than those provided or authorized by the Platform;
    11. remove, disable, defeat or change any functionality or appearance of the Platform or intentionally alter the format in which data is provided by AirSwap or otherwise circumvent the Platform’s regular interfaces to such data;
    12. use the Platform for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the Internet to other users of the Platform or to other third parties, including e-mail that uses any of AirSwap’s trademarks or names and e-mail containing invalid or forged headers, invalid or non-existent domain names, or other deceptive addressing;
    13. embed or import any data provided in, on or through the Platform into any information services (whether or not web-based), data files or application software;
    14. provide access to or use any portion of the Platform through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future, without AirSwap’s prior written consent;
    15. engage in the practice of “screen scraping” or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Platform, in any manner not authorized by AirSwap;
    16. use any automatic or manual process to harvest information from the Platform; or
    17. advertise or promote another website, product, or service or solicit other users for other websites, products, or services.
  5. AirSwap’s Platform is not directed at or intended to be used by any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is your responsibility to ensure that you comply with any local law or regulation to which you are subject.
  6. AirSwap does not warrant that the operation of AirSwap’s Platform will be uninterrupted or entirely error free. Additionally AirSwap does not give any guarantee as to the accuracy, suitability, reliability, completeness, or performance of AirSwap’s Platform.

7) PRIVACY POLICY

  1. AirSwap may collect information with respect to your cryptocurrency wallet addresses and your IP address. Due to the inherent transparency of blockchains of cryptocurrencies, transactions to and from the Ethereum network are public. AirSwap does not in any way obscure the information that it requests or obtains.
  2. Cookies Policy
    1. We may place cookies on your device while you access the Platform. Cookies collect user information including Platform usage, visits to the Platform website, areas and features of the Platform that are popular, and other user generated information.
    2. Any sensitive information in these cookies is encoded so that only AirSwap can interpret the information stored on them. The cookies are placed for the following purposes:
      1. to recognize you as an AirSwap User;
      2. to collect information about your computer or any other device to mitigate risk and help prevent fraud;
      3. to customize your experience, content and advertising; and
      4. to measure promotional effectiveness.
    3. The usage of cookies and other technologies may also allow AirSwap and third parties to collect information about user browsing activities over time and across different websites following use of the Platform.
  3. AirSwap may ask for mobile phone verification from a user while transacting on the Platform and stores this information to provide a better experience to our users. Phone numbers that end users provide for authentication will be sent and stored by third party phone verification services to improve their spam and abuse prevention.
  4. AirSwap may also use third party analytical tools to collect data about usage of the Platform. The information collected identifies the types and timing of actions taken by users, including installation, registration, uploading, and navigation. This information is used internally in order to improve the Platform.
  5. You may not utilize AirSwap to obscure transactions or assets in any way. Law enforcement has full access to blockchain information with respect to cryptocurrencies that go in or out of AirSwap’s system. You accept that AirSwap will comply with all legal requests for information and reserves the right to share the information shared by you in its sole discretion

8) REPRESENTATIONS AND WARRANTIES

  1. You represent, warrant and agree as of the date hereof, and on the date of each Transaction entered into pursuant to the terms of the Agreement, that:
    1. You have the full right, power and authority to enter into this Agreement;
    2. This Agreement is legal, valid, and binding on you, and enforceable against you;
    3. Each person accessing the Platform on your behalf (each, an Authorized User) has the authority to enter into Transactions on your behalf, and each Authorized User agrees to the terms and conditions set forth in this Agreement;
    4. Transactions entered into pursuant to this Agreement will not violate any Applicable Law, or any judgment, order or agreement to which you or your property is subject or by which it or your property is bound;
    5. You are not the subject or target of any economic or financial sanctions or trade embargoes, and your use of the Platform including your entering into any Transaction, will not cause AirSwap to be in violation of any economic or financial sanctions or trade embargoes;
    6. All information provided by you pursuant to, or in connection with, this Agreement is true, correct, complete and accurate;
    7. You are at least 18 years old, are acting for your own account and are capable of assessing the merits of, understanding (on your own behalf or through independent professional advice) and assuming, and understand, accept and assume, the terms, conditions and risks of each Transaction, and will make your own independent decisions to enter into Transactions and as to whether each Transaction is appropriate or proper for you based on your own judgment and upon advice from such advisors as you have deemed necessary;
    8. AirSwap is not acting as a fiduciary, investment manager, commodity pool operator, commodity trading advisor or investment or financial adviser on your behalf in respect of any Bid, Offer or Transaction;
    9. You and any person accessing the Platform on your behalf will not rely on any communication (written or oral) of AirSwap as investment advice or as a recommendation to enter into any Transaction, and no such communication (written or oral) received from AirSwap shall be deemed to be a recommendation or advice or an assurance or guarantee as to the expected results of any Bid, Offer or Transaction;
    10. You and any person accessing the Platform on your behalf are fully aware of and understand in full Applicable Law and shall at all times be in full compliance with Applicable Law, including, without limitation, any registration requirements or requirements to maintain books and records relating to Bids or Offers in a manner strictly in accordance with Applicable Law, and you and any person accessing the Platform on your behalf understand that AirSwap and its affiliates may monitor and record order flow and trade execution to confirm compliance with Applicable Law;
    11. The Platform is not a regulated swap execution facility, alternative trading facility, exchange, designated contract market, multilateral trading facility, organized trading facility or similarly regulated electronic trading platform, and use of the Platform does not provide any of the protections afforded by, or constitute trading on, such a regulated platform;
    12. The Platform does not hold any funds on behalf of any customers and is not licensed as a money transmitter under the laws of any jurisdiction; and
    13. You and any person accessing the Platform on your behalf shall promptly notify AirSwap if any of the representations, warranties and covenants in this Agreement become inaccurate or incomplete.

9) TERM, MODIFICATION, TRANSFER AND TERMINATION

  1. AirSwap may suspend, restrict, limit or terminate your access to the Platform, or deactivate or terminate the use of your wallet with AirSwap if (i) we are so required by a court order or other legally binding order of a government authority or (ii) you violate this Agreement. In the event of any such termination or suspension, we will provide you with notice unless a court order or other legal process prohibits us from providing such notice. At the time we provide such notice, if permitted, your ability to engage in any activity on the Platform shall immediately be terminated. Termination of this Agreement or your account will not affect any Transaction executed prior to termination.
  2. This Agreement may be modified by AirSwap in its sole discretion at any time by posting on AirSwap’s websites or by emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. By continuing to use the Platform following such notice, you are deemed to have accepted such modifications to this Agreement and will be bound by the revised Agreement.
  3. Neither party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, provided that AirSwap may assign this Agreement without your prior consent to any of AirSwap’s affiliates, or to its successors in interest of any business associated with the services provided by AirSwap. This Agreement shall be binding upon the permitted assigns or transferees of each party.

10) INDEMNITY, DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

  1. If you have a dispute with one or more users of the Platform, you and each Authorized User release AirSwap, its affiliates and service providers, and each of their respective directors, officers, agents, employees or other representatives from any and all claims, demands and damages of any kind arising out of or in any way connected with such disputes. You and each Authorized User agree to defend, hold harmless and indemnify AirSwap, its affiliates and its service providers, and each of their respective representatives, from any actual or alleged liability, obligation, loss, damage, cost, fine, judgment, settlement, fee, expense (including reasonable attorney and professional fees), claim, action, suit, investigation, proceeding, or demand arising out of or related to your breach of this Agreement, your actual or alleged violation of any Applicable Law, or your violation of the contractual rights of AirSwap or a third party.
  2. THE SERVICES CONTEMPLATED BY THIS AGREEMENT ARE PROVIDED BY AIRSWAP ON AN “AS IS” BASIS AT YOUR SOLE RISK AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ALL WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) ARE EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  3. IN NO EVENT SHALL AIRSWAP OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS BE LIABLE FOR:
    1. ANY LOSSES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY WHICH ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY BREACH OR NON-PERFORMANCE OF THIS AGREEMENT NO MATTER HOW FUNDAMENTAL (INCLUDING BY REASON OF AIRSWAP’S NEGLIGENCE), INCLUDING, FOR THE AVOIDANCE OF DOUBT, ANY LOSSES THAT OCCUR AS A RESULT OF ANY ACTION OR INACTION OF AIRSWAP OR ANY OTHER PARTY THAT DIRECTLY OR INDIRECTLY RESULTS IN A BID OR OFFER BEING EXECUTED, FAILING TO BE EXECUTED, OR BEING EXECUTED ON A DELAYED BASIS;
    2. ANY LOSSES, DAMAGES, CLAIMS, COSTS OR EXPENSES WHICH ARISE OUT OF OR RELATE TO (i) ANY SERVICE INTERRUPTION OR FAILURE OR INCORRECT OPERATION FOR ANY REASON OF THE PLATFORM OR ASSOCIATED COMMUNICATIONS SYSTEMS OR EQUIPMENT, OR (ii) ANY INCOMPLETE OR INCORRECT TRANSACTIONS RESULTING FROM INCOMPLETE, INCORRECT, FAILED, INTERCEPTED OR MISDIRECTED COMMUNICATIONS; or
    3. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, DAMAGE, CLAIM, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ANY ECONOMIC LOSS OR DAMAGE, LOSS OF PROFITS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, LOSS OF OR CORRUPTION TO DATA, LOSS OF OPERATION TIME OR LOSS OF CONTRACTS) OF ANY NATURE, WHETHER ARISING FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PLATFORM, EVEN IF AIRSWAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  4. AirSwap shall not be considered in breach of this Agreement in the event of any failure or delay for reasons not within AirSwap’s reasonable control, including, without limitation, war, disaster, acts of nature, power failure, failure of communications services or networks, labor stoppage, boycott, sabotage, computer virus, hacking, phishing, spoofing or other malware, unrest or disputes, or acts or omissions of you or any third party including national and/or supranational government agencies or bodies and courts of law, or any delays or failures caused by failures to the Ethereum blockchain.

11) MISCELLANEOUS

  1. This Agreement shall be governed by Hong Kong law. The Hong Kong courts have exclusive jurisdiction to settle any dispute, claim, difference or controversy arising out of, in relation to, or having any connection with this Agreement (for the purposes of this Clause, a Dispute), and each Party irrevocably submits to the exclusive jurisdiction of the courts of Hong Kong. For the purposes of this Clause 10.1, each party waives any objection to the Hong Kong courts on the grounds that they are an inconvenient or inappropriate forum to settle any Dispute.
  2. Without prejudice to Clause 10.1, each party waives any right it may have to a jury trial of any claim or cause of action in connection with this Agreement or any Transaction contemplated by this Agreement. This Agreement may be filed as a written consent to a bench trial.
  3. In the event that any provision of this Agreement or the application thereof to any person or in any circumstance shall be determined to be invalid, unlawful or unenforceable to any extent, such provision shall only be excluded to the extent of such invalidity or unenforceability, the remainder of this Agreement shall be unaffected and shall continue to be valid and may be enforced to the fullest extent permitted by Applicable Law and, to the maximum extent permitted, this Agreement will be interpreted to give effect to the intentions of the parties expressed in such invalid or unenforceable provision.
  4. This Agreement is not intended to, and shall not be deemed to, create any partnership, joint venture, joint enterprise or business relationship between the parties hereto, or to authorize or empower either party to act on behalf of or obligate or bind the other party. Nothing in this Agreement, expressed or implied, is intended to confer on any third party (other than AirSwap’s affiliates where so noted) any rights or remedies under or by reason of this Agreement.
  5. Except as otherwise expressly provided herein, all notices permitted or required under this Agreement shall be in writing. Notices, and subsequent versions of this Agreement, may be given or posted in any manner set forth below and shall be effective:
    1. if delivered in person or delivered by courier, on the date of such delivery;
    2. if sent by certified or registered mail, on the date such mail is delivered or its delivery attempted;
    3. if sent by facsimile transmission, on the date such transmission is received;
    4. if sent by electronic messaging service (including email), on the date such electronic message is received; and
    5. if posted or made available by AirSwap at AirSwap’s websites, on the earlier of (i) the first day following AirSwap’s posting or making the relevant notice available on which you access such website or interface or (ii) the first day following AirSwap’s posting or making the relevant notice available on which you engage in trading activity on the Platform.
  6. Notwithstanding any other provision in this Agreement, any translation of the Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
  7. This Agreement comprise the entire understanding and agreement between you and AirSwap and supersedes any and all prior agreements and understandings of any kind (including without limitation any prior versions of this Agreement), between you and AirSwap.