NO-SOLICITATION - LEGAL NOTICE
THIS LEGAL NOTICE INFORMS YOU OF WHERE WE PROVIDE OUR SERVICES FROM, WHO OUR REGULATOR IS, WHAT PERMISSIONS WE HAVE IN PLACE TO SERVE OUR CUSTOMERS, THE ENTITIES THROUGH WHICH WE SERVE OUR CUSTOMERS AND THE BASIS AND LIMITATIONS ON WHICH WE PROVIDE OUR SERVICES.
YOU ARE REQUIRED TO READ AND ACCEPT THE CONTENT OF THIS LEGAL NOTICE WHENEVER IT APPEARS TO YOU. BY ACCEPTING THE CONTENT OF THIS LEGAL NOTICE YOU WILL BE CONFIRMING THAT YOU HAVE FULLY READ AND UNDERSTOOD ITS CONTENT AND ALL OF ITS LEGAL IMPLICATIONS.
YOU SHOULD NOT AGREE TO ACCEPT THE CONTENT OF THIS LEGAL NOTICE OR PROCEED WITH REQUESTING OUR SERVICES IF YOU HAVE ANY DOUBT OR DO NOT FULLY UNDERSTAND THIS LEGAL NOTICE OR ANY PART OF IT. WHERE YOU HAVE ANY DOUBT YOU MUST NOT CONTINUE ANY FURTHER
1. ABOUT US
1.1 We serve our customers from Gibraltar through two regulated entities:
a) Xapo Bank Limited (“Xapo Bank”), a company incorporated and registered under the laws of Gibraltar with Company No. 111928; and
b) Xapo VASP Limited (“Xapo VASP”), a company registered and incorporated in Gibraltar with company No. 118088.
1.2 The registered office of both entities is Suite 23, Portland House, Glacis Road, Gibraltar, GX11 1AA.
1.3 Our place of business is Xapo HQ, One Grand Casemates Square, Gibraltar, GX11 1AA.
1.4 Our fiat services are provided by Xapo Bank and our crypto services are provided by Xapo VASP.
2. OUR REGULATOR AND PERMISSIONS
2.1 Both Xapo Bank and Xapo VASP are regulated by the Gibraltar Financial Services Commission (“GFSC”).
2.2 Xapo Bank is regulated under the Financial Services Act 2019 as a ‘credit institution’ under Permission No. 23171.
2.3 Xapo VASP Limited is regulated under the Financial Services Act 2019 as a ‘DLT institution’ under Permission No. 26061.
3. DEPOSIT PROTECTION
3.1 Deposits held with Xapo Bank are covered by the Gibraltar Deposit Guarantee Scheme (“GDGS”).
3.2 Eligible depositors are covered up to EUR 100,000.00 (or currency equivalent) per depositor, irrespective of the number of accounts or the currencies (if applicable) these are held in at the bank that has failed.
3.3 The GDGS does not regulate us or other banks, this is carried out by the GFSC. The GFSC is the Competent Authority and has been appointed as the Resolution Authority. The Financial Services Resolution and Compensation Committee (“FSRCC”) is the designated authority, who administers the GDGS. Only the GFSC, as the regulator, or the Courts can decide if a bank is unable to repay its deposits. The GDGS cannot make this decision.
4.1 Our website and other publicly available material and information on our services is provided for information purposes only and does not constitute a recommendation, offer or solicitation to enter into any contract or agreement with us for our services.
4.2 You acknowledge that your arrival to and use of our website and any of our mobile applications and other platforms and any requests on your part for information or to obtain our services are wholly unsolicited and are made entirely out of your own initiative without any prior direct communication from us.
5. RESTRICTED ACCESS
5.1 The information contained in our website and other publicly available material is not directed at you if Xapo is prohibited by any law of any jurisdiction from making such information available to you and is not intended for any use that would be contrary to local law or regulation.
5.2 None of the services referred to in our website and other publicly available material are available in any jurisdiction where such activity is prohibited. Persons who are resident outside Gibraltar should consult their professional advisers or local regulator to satisfy themselves of local regulatory requirements.
5.3 In particular, no offer or invitation is made to any US persons (being residents of the United States of America or partnerships or corporations organised under the laws of the United States of America or any state, territory or possession thereof), who are excluded from the services offered by us.
6. CONTACTING US
If you have any questions, issues, or complaints, you can always contact our Customer Support team via our website. Unless otherwise stated our FAQs do not form part of any agreement between us and shall not affect the content or interpretation of this Legal Notice.
7. WHICH LAWS APPLY?
7.1 This Legal Notice, our services and any dispute or claim (including non-contractual disputes or claims) arising from this Legal Notice and our services are governed by and construed in accordance with Gibraltar Law.
7.2 The courts of Gibraltar shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Legal Notice or its subject matter or formation and our services.