Online Terms and Conditions and Regulatory Compliance Statement

NOTICE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND THE WEBSITE PRIVACY STATEMENT CAREFULLY BEFORE USING ANY ONLINE SERVICES OR THIS WEB SITE (“WEB SITE”). IF IN DOUBT, PLEASE SEEK PROFESSIONAL ADVICE.

THIS IS OR WILL FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ZODIA CUSTODY LIMITED (“ZODIA”) ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH THIS WEB SITE OR ANY ONLINE SERVICE MAY BE USED. USE OF ANY ONLINE SERVICE, INCLUDING ANY ONLINE PORTAL OF ZODIA, IMPLIES THAT YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEB SITE AND DO NOT USE THE ONLINE SERVICES.

COMPANY DETAILS

Zodia Custody Limited is incorporated in England as a private company limited by shares with company number 12418687 and the registered office of the company is situated on the 5th Floor, Holland House, 1-4 Bury Street, London, EC3A 5AW.

Zodia is registered with the United Kingdom Financial Conduct Authority with Firm Reference Number 928347 under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended) in respect of its activities in cryptoassets. The Financial Ombudsman Service or the Financial Services Compensation Scheme do not apply to Zodia’s cryptoasset activities. Zodia’s VAT number in the UK is 382 8435 69.

Zodia is a subsidiary of Zodia Holdings Limited, which is an indirect subsidiary of Standard Chartered Bank an entity authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

JURISDICTION AND RESTRICTION

Zodia controls and maintains this Web Site from the United Kingdom. The materials and information contained in this section of this Web Site, relating to United Kingdom, are directed at and restricted to entities having a place of business in United Kingdom ONLY. Zodia makes no representation that the materials and information contained herein are appropriate or available for use in other locations/jurisdictions.

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales and any dispute relating thereto shall be subject to the non-exclusive jurisdiction of the courts of England.

PRODUCTS AND SERVICES

This Web Site does not constitute an offer or solicitation on the part of Zodia to provide any products or services described therein to any person to whom it is unlawful to make such offer or solicitation or where the local law or regulation does not permit the purchase of, subscription for or otherwise use of such products or services. If in doubt, you should check with your Local Regulator or Authority or Professional Advisor before using any such products or services. BY PROCEEDING TO READ THIS INFORMATION, YOU ARE AGREEING AND CONFIRMING THAT YOU DO NOT RESIDE IN, OR ARE NOT PROPOSING TO PURCHASE OR SUBSCRIBE FOR ANY PRODUCTS OR SERVICES FROM, ANY JURISDICTION OUTSIDE UNITED KINGDOM. IF THIS IS NOT THE CASE, PLEASE CLICK THE “BACK” BUTTON ON YOUR BROWSER.

Products and services are available only in a particular location at the sole discretion of Zodia or the relevant Standard Chartered Bank Group company or associate, subject to the individual terms and conditions on which they are offered and such products and services may be withdrawn or amended at any time without notice. The full range of products or services may not be available in all locations. Fees, commissions or other charges may apply to certain products or services – the office providing the products or services can provide details.

Transactions with any office of Zodia or Standard Chartered Bank outside the United Kingdom, or with any other Standard Chartered Bank Group company or associates outside the United Kingdom, are not protected by the United Kingdom’s regulatory regime. Transactions with offices of non-group companies referred to in this Web Site will not normally be so protected unless otherwise indicated.

MATERIALS AND INFORMATION

Materials and information contained in this Web Site should not be regarded as an offer or solicitation to buy or sell any products or services in any country to any person to whom it is unlawful to make such an offer or solicitation. For materials or information relating to any external third parties or their products or services, it is re-transmitted by Zodia in the ordinary course of business to you for information and reference only. Zodia, its officers, employees, and agents do not devise, select, add to, modify or otherwise exercise control over the contents of this Web Site, and do not accept any responsibility whatsoever for it nor are they to be regarded as having endorsed such material or information or any part thereof. 

Materials, information, marks and logos contained in or displayed on this Web Site are protected by intellectual property rights under applicable laws. No part of these materials, information, marks and logos may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for any commercial or public purposes without the written permission of Zodia, Standard Chartered Bank or the party owning these materials, information, marks and logos.

DISCLAIMER

WHILST EVERY CARE HAS BEEN TAKEN IN PREPARING THE MATERIALS AND INFORMATION CONTAINED IN THIS WEB SITE, SUCH MATERIALS AND INFORMATION ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY REGARDING NON-INFRINGEMENT, SECURITY, ACCURACY, RELIABILITY, FITNESS FOR A PURPOSE OR FREEDOM FROM COMPUTER VIRUSES IS GIVEN IN CONNECTION WITH SUCH MATERIALS AND INFORMATION.

THE MATERIALS AND INFORMATION CONTAINED IN THIS WEB SITE ARE PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE USED AS A BASIS FOR MAKING DECISIONS. ANY ADVICE OR INFORMATION RECEIVED VIA THIS WEB SITE SHOULD NOT BE RELIED UPON WITHOUT CONSULTING PRIMARY OR MORE ACCURATE OR MORE UP-TO-DATE SOURCES OF INFORMATION OR SPECIFIC PROFESSIONAL ADVICE. YOU ARE RECOMMENDED TO OBTAIN SUCH PROFESSIONAL ADVICE WHERE APPROPRIATE.

GEOGRAPHIC, POLITICAL, ECONOMIC, STATISTICAL, FINANCIAL AND EXCHANGE RATE DATA ARE PRESENTED IN CERTAIN CASES IN APPROXIMATE OR SUMMARY OR SIMPLIFIED FORM AND MAY CHANGE OVER TIME. RELIANCE HAS BEEN PLACED BY THE EDITORS ON CERTAIN SUCH DATA OBTAINED EXTERNALLY STATISTICAL DATA WHICH, THOUGH BELIEVED TO BE CORRECT, MAY NOT IN FACT BE ACCURATE. ZODIA ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE) FROM ACTION TAKEN, OR NOT TAKEN, BY OR FOR YOU OR OTHERWISE, IN RELIANCE ON MATERIALS OR INFORMATION CONTAINED IN THIS WEB SITE. IN PARTICULAR, NO WARRANTY IS GIVEN THAT ANY MATERIALS, INFORMATION OR DATA CONTAINED IN THIS WEB SITE ARE ACCURATE, RELIABLE OR UP-TO-DATE.

ZODIA ACCEPTS NO LIABILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE) FROM YOUR USE OF THIS WEB SITE, HOWSOEVER ARISING, INCLUDING ANY LOSS, DAMAGE OR EXPENSE ARISING FROM, BUT NOT LIMITED TO, ANY DEFECT, ERROR, IMPERFECTION, FAULT, MISTAKE OR INACCURACY WITH THIS WEB SITE, ITS CONTENTS OR ASSOCIATED SERVICES, OR DUE TO ANY UNAVAILABILITY OF THE WEB SITE OR ANY PART THEREOF OR ANY CONTENTS OR ASSOCIATED SERVICES, WHERE SUCH EVENTS AROSE OUT OF CIRCUMSTANCES OUTSIDE ZODIA’S REASONABLE CONTROL.

PLEASE NOTE THAT ANY SOFTWARE DOWNLOADED FROM THIS WEB SITE IS AT YOUR OWN RISK AND ZODIA NEITHER ASSUMES NOR ACCEPTS LIABILITY FOR ANY LOSS OR DAMAGE (WHETHER DIRECT OR INDIRECT), HOWSOEVER CAUSED, AS A RESULT OF ANY COMPUTER VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES ARISING FROM YOUR USE OF THIS WEB SITE, WHERE SUCH EVENTS AROSE OUT OF CIRCUMSTANCES OUTSIDE ZODIA’S REASONABLE CONTROL.

ANY HYPERTEXT LINK FROM THIS WEB SITE EXIST FOR INFORMATION PURPOSES AND ARE FOR YOUR CONVENIENCE ONLY AND ZODIA ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIFIC, INCIDENTIAL OR CONSEQUENTIAL LOSS OR DAMAGE) FROM THE ACCURACY OR OTHERWISE OF MATERIALS OR INFORMATION CONTAINED ON THE PAGES OF SUCH SITES OR LOSS ARISING DIRECTLY OR INDIRECTLY FROM DEFECTS WITH SUCH SITES LINKED. THE ZODIA’S INCLUSION OF HYPERLINKS DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIALS ON SUCH SITES LINKED.

ZODIA DOES NOT GUARANTEE THAT ANY E-MAILS FROM THE WEB SITE WILL BE SENT TO YOU OR RECEIVED BY ZODIA NOR DOES ZODIA WARRANT THE PRIVACY AND/OR SECURITY OF E-MAILS DURING INTERNET TRANSMISSION WHICH IS OUTSIDE ZODIA’S REASONABLE CONTROL. ZODIA ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY (INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE) FROM FAILURE OF ANY INTERNET TRANSMISSION (INCLUDING E-MAILS CORRESPONDENCE) FROM THIS WEB SITE OR OTHERWISE.

LIMITATION OF LIABILITY

Zodia accepts no liability for any loss or damage (including special, incidental or consequential loss or damage) arising directly or indirectly from your use of this Zodia Web Site, howsoever arising from, but not limited to:

• any defect, error, imperfection, fault, mistake or inaccuracy with this Zodia Web Site, its contents (including content from third party providers), associated services, or due to any unavailability of this site or any part thereof or any contents or associated services
• action taken, or not taken in reliance on material, content or information contained on this Zodia Web Site
• any computer viruses, Trojan horses, worms, software bombs or similar items or processes arising from your use of this Zodia Web Site. You click on any hyperlinks or download any software or data from the Zodia Web Site at your own risk

TERMINATION

Zodia may terminate these Terms and Conditions, your access to this Web Site and use of online services at any time, without prior notice to you.

MODIFICATION

Zodia reserves the right in its discretion to change at any time without prior warning or notice any information or material contained on this Web Site and is entitled to from time to time amend the terms and conditions under which this Web Site is used with prior notice to you. If you continue to access to this Web Site or use any of the online services after such modification, you are regarded to have agreed to be bound by such modified information, material, and terms and conditions.

INTELLECTUAL PROPERTY RIGHTS

All contents of this Web Site including but not limited to the texts, graphics, links and sounds are the copyright of Zodia, Zodia Holdings Limited, or Standard Chartered Bank and may not be copied, downloaded, distributed or published in any way without the prior written consent of the relevant party.

ZODIA, ZODIA CUSTODY and the ZODIA device, are trade marks of Zodia Holdings Limited and STANDARD CHARTERED and the Trust Mark device are trade marks of Standard Chartered. No permission or license is granted to use any such trade marks without the prior written consent of Zodia Holdings Limited. All other marks, names and logos used on this Web Site relating to companies within the Standard Chartered Bank Group or to their products or services are the intellectual property rights held by companies within the Standard Chartered Bank Group unless otherwise stated.

In relation to any information or materials which you submit to Zodia using this Web Site, you hereby grant to Zodia a worldwide royalty-free perpetual licence of the copyright and intellectual property rights in such information or materials for any purpose it deems including, without limitation, the copying, transaction, distribution and publication thereof, unless restricted by applicable laws.

You agree that Zodia shall not be under any obligation of confidentiality to you regarding any such information or material submitted to it using this Web Site unless agreed otherwise in a separate direct contract between you and Zodia or required by applicable laws.

You acknowledge that the contents of the foregoing provisions shall not limit any specific provisions set out in the individual terms and conditions of particular products and services offered on or through this Web Site.

Regulatory Compliance Statement

DATA PRIVACY

To comply with applicable laws and in the course of providing products and services to you, we will need to collect, hold, use and share Personal Information of your Data Subjects.

Unless restricted by applicable laws, you agree that any and all personal information/data relating to you collected by Zodia from this Web Site may from time to time be used and disclosed for such purposes and to such persons as may be in accordance with Zodia’s prevailing Website Privacy Statement as amended from time to time. You agree to make your Data Subjects aware of our Privacy Statement.

“Data Subjects” means all individuals whose Personal Information we receive in the course of our relationship with you, including your direct and indirect beneficial owners, directors, officers and authorized persons.

“Personal Information” means any information relating to Data Subjects.

A copy of Zodia’s current Website Privacy Statement may be obtained by clicking here

COMPLIANCE WITH LAWS AND FINANCIAL CRIME COMPLIANCE

Zodia is committed to complying with Laws (including applicable financial crime compliance laws and regulations such as those related to anti money laundering, anti-bribery and corruption) in all jurisdictions in which Zodia operates and Zodia will not be obliged to do anything if by doing so it would or might cause Zodia to breach any applicable Law.

As Zodia’s ability to comply with Laws is directly linked to the conduct of our clients, we require you to comply with all applicable Laws, and conduct your business in a manner which will not place yourself or Zodia in breach of all applicable Laws.

If you become aware of any breach, or any action, investigation or proceeding brought against you or your subsidiaries with respect to any breach of any applicable Law in connection with our provision of products and services to you or matter set out in this Statement, you will notify us promptly (unless prohibited by Law to do so).

SANCTIONS

Zodia is obliged to comply with sanctions Laws including those of the United States, United Kingdom, and European Union (“Sanctions”). Any breach of Sanctions may have a serious impact on our reputation, franchise, regulatory relationships and could impair Zodia’s ability to provide products and services to clients.

As Zodia’s ability to comply with Sanctions is directly linked to the conduct of our clients, you confirm and will ensure that (i) you and your subsidiaries are not targets or the subject of Sanctions; and (ii) no product, service or transaction (or proceeds of the same) involving Zodia has or will be utilised for the benefit of any person that is a target or subject of Sanctions or in any manner that would result in you or your subsidiaries or Zodia being in breach of any applicable Sanctions or becoming a target or subject of Sanctions. We reserve the right to not provide any product or service or process any transaction if by doing so it may cause us to breach the Zodia’s Sanctions policy.

TRAVEL RULE COMPLIANCE

As of 1st September 2023, Zodia Custody is required to comply with Part 7A of The Money Laundering and Terrorist Financing (Amendment) (No. 2) Regulations 2022 concerning information accompanying cryptoasset transfers. This mandates that Zodia receives (and where required exchanges) specific customer data, on the originator or beneficiary of a crypto asset transfer.
As Zodia’s ability to comply with laws is directly linked to the conduct of our own clients, we require you, when applicable, to provide accurate originator and/or beneficiary customer data to Zodia. We reserve the right to not provide any product or service or process any transaction if in doing so it may cause Zodia to breach these requirements.

TAX INFORMATION COMPLIANCE

Zodia has obligations under various tax information reporting Laws (such as the Foreign Account Tax Compliance Act) to collect information from our clients, report information to Authorities and withhold tax from payments to clients in certain circumstances.

We may require you or your Data Subjects to provide documents and information for the purposes of establishing your tax status and that of your Data Subjects. You will promptly inform us of any changes to such documents and information or change in circumstances that may indicate a change in your tax status or that of your Data Subjects.

If you or your Data Subjects do not provide documents or information when we request it, we may make our own decision about your tax status and treat you accordingly.

COPYRIGHT © 2021 ZODIA HOLDINGS LIMITED. ALL RIGHTS RESERVED.