Ever Peak Capital

Thank you for your interest in Ever Peak Capital . Our mission is to Simplify Digital Currency.

By opening an account, registering with Ever Peak Capital and using the trading platform, you unconditionally agree and accept the Terms and Conditions.

Ever Peak Capital is operated by Ever Peak Capital LTD, a company registered in the United States.

Interpretation

In these Terms and Conditions unless the context otherwise indicated :

'Crypto Asset' means a digital asset including but not limited to Bitcoin, Ethereum and Litecoin. We also use the words cryptocurrency, or simply crypto to describe Crypto Assets.

'Ever Peak Capital ' means Ever Peak Capital LTD, a company registered in Sweden, and any or all of its affiliates and successors. We also use ‘we’, ‘our’ and ‘us’ when we’re talking about ourselves.

‘Service(s)’ means the Ever Peak Capital Account and Forex Finance trading services that we make available on the Website. When we use the phrase ‘account’, we do so in respect of an account on Ever Peak Capital that gives you access to the Services.

‘You’ means the person registering for Ever Peak Capital and using our services. We also use ‘your’ when we’re describing rights and obligations that you have under these Terms and Conditions.

‘Website’ means https://everpeakcapitalinv.com and all subsequent links and paths that are not operated by third parties.

Eligibility

You must be atleast 18 years old to user our Services and agree to these Terms and Conditions (or greater than the legal age required in your country to sign up for our service and agree to the Terms and Condition without parental approval).

Opening an Account

You can only open one Ever Peak Capital account.

We may, in our sole and absolute discretion, refuse to open an account for you.

You are solely responsible for the safekeeping of your account login credentials. You must not share your credentials with any other person. We are not responsible for any unauthorised access or use of your account.

Verifying your identity

To help us adhere to Anti-Money Laundering (AML) rules and to protect your crypto assets, you must verify your identity through a process known as Know Your Customer (KYC) to use our Services.

The process involves sending us your full name, address, country of residence and a copy of a valid photo identification document that lists the same. The information you submit must match the details in your identification document.

To access different features on the Website, you may be required to provide more identity verification information than the standard identity verification information we request. This may include, but is not limited to, your bank account number, proof of your address, your date of birth.

If you fail to provide any of the information we request or provide false information, you may lose the ability to use the Services in their entirety, or your account access may be terminated.

Your identity verification documents and information will be held in accordance with our Privacy Policy. By submitting the requested identity verification information to us, you agree to our Privacy Policy.

Funding your Ever Peak Capital accounts

You can load funds into your Ever Peak Capital Wallet using the payment methods made available on the Website at any given time. This may include Bitcoin, credit or debit card, wire transfer or bank transfer though we make no guarantee that any of these payment methods will be available at all times. We’ll automatically update your Ever Peak Capital Wallet balance once we receive your deposit in cleared funds.

We are not responsible for deposits that don’t make it to us due to you using the incorrect bank account information, including using a bank account that we have previously instructed you to use that we’ve since amended, or your bank refusing to transfer the money, or any other reason howsoever occurring.

Any cash deposits to our bank account may be delayed and may incur additional processing fees. If you load any other currency other than the SGD, USD, Euro, MYR and IDR you will be charged 10 USD and its equivalent by the bank for the return of funds. Our bank does not accept any other currency other than the aforementioned currencies.

Incoming payments must be completed through electronic funds transfer from your bank account in your own name in your country of residence.

You are responsible for all bank fees required to send a payment to our bank account. If you set up a payment incorrectly and we as the recipient of the payment are forced to pay a fee, we will withdraw the amount and any applicable fee from your deposit before we update your account / wallet.

Funding your crypto accounts

You can deposit crypto assets directly to your Ever Peak Capital Account via the Wallet section. You will be given a unique wallet address to send funds to. Your crypto balance will appear in your account after it’s received the requisite number of network confirmations on the applicable blockchain. At times of congestion and interruption, this could take some time to show in your account. We make no guarantee as to how long the confirmation process will take and you acknowledge that network participants are responsible for the confirmation and not Ever Peak Capital .

To withdraw your crypto assets, please refer to section "Making a withdrawal from your crypto accounts" below.

Your Ever Peak Capital Accounts

When you fund your account, your balance is held securely by us until you send it elsewhere, withdraw it or use it to buy crypto. It is important to note that a Ever Peak Capital Account on the Forex Finance trading platform is not a true crypto wallet. Therefore, we recommend that you store large quantities of crypto offline, so as to reduce the risk of theft.

Underlying crypto assets are developed using a range of protocols. Ever Peak Capital is not responsible for any loss due to error in protocol delays or any other breakdown relating to networks.

You acknowledge that Ever Peak Capital cannot perform any reversal or cancellation of crypto asset transactions.

It is your responsibility to keep your crypto assets safe by ensuring that you use all security measures such as Two Factor Authentication (2FA) and / or Google Authenticator.

The use of your Ever Peak Capital account is solely at your own risk. Ever Peak Capital has extensive security software and standards in place, however, we will not be responsible for any external security breach.

You agree that Ever Peak Capital is not liable for any errors, losses or omissions due to sending or receiving crypto assets from incorrect wallet addresses, email addresses, or the entering of incorrect transaction amounts or any other information.

Crypto assets are securely stored in a combination of online and offline storage. As a result, it may take up to 48 hours or more to facilitate transactions. By using the Ever Peak Capital you accept the risk that a transaction may be delayed, and you agree not to hold Ever Peak Capital responsible for any damages or loss due to the delay.

Buying and selling assets

You can buy and sell crypto assets on the Trading page on the Ever Peak Capital by initiating a buy or sell order. By placing an order, you’re instructing us to buy or sell a crypto asset at a given price. If a buyer or seller is willing to trade with you at your given price we will facilitate the transaction.

By instructing us to process a crypto asset transaction you are giving us permission to debit or credit your crypto and fiat accounts to complete the transaction. Crypto asset transactions cannot be reversed once they have been completed. Please ensure you’ve entered the correct transaction details before placing any orders.

By instructing us to process a crypto asset transaction, you agree that we can deduct any applicable fees.

You can cancel any crypto asset transaction order at any time if it hasn’t been filled. You can check the status of your orders under the My Orders section of the Trading screen.

We may refuse to process or cancel any pending crypto asset transaction orders at our sole discretion at any time.

Limits

You can only trade crypto assets up to the limits that we set out in your Ever Peak Capital Account. To view your limits, please log in to your Ever Peak Capital Account. Your transaction limits may vary depending on the identity verification level that you have completed, and other factors. We reserve the right to change your limits as we deem necessary.

Refunds

Crypto asset transactions are generally irreversible. Therefore, we can only refund transactions that you did not request, not transactions that are simply erroneous. If you believe that you did not request a particular transaction you can contact our Customer Support team at info@spurcryptocompany.com We aim to settle your refund query within 30 days. We are not responsible for any claim for unauthorised or incorrect transactions unless you have notified us in accordance with this section.

Withdrawals

Making a withdrawal from your fiat accounts You can withdraw your fiat balances to a supported bank account in your name through your Ever Peak Capital Account section, subject to the fees set out in the fee schedule. Your request to make a fiat withdrawal will be deemed as your instruction to make the withdrawal and your acceptance of any fees to do so.

A fiat account withdrawal is subject to normal banking hours and the internal processes of our bank and your bank. We do not guarantee bank transfer disbursement times and will not be liable for any delays in you receiving your money.

Making a withdrawal from your crypto accounts

You can withdraw your crypto balances to a supported crypto wallet, trading or other crypto asset supported address through your Ever Peak Capital Account section, subject to the fees set out in the fee schedule. Your request to make a crypto withdrawal will be deemed as your instruction to make the withdrawal and your acceptance of any fees to do so.

Crypto asset transactions are processed at the speed of the applicable network, however, in times of congestion or disruption, there may be delays. We make no guarantee as to the processing times of crypto asset withdrawals and will not be liable for any delays in you receiving your crypto.

Transferring Funds

Indicative transaction fees are published below. We reserve the right to make changes periodically.

Referral commission

When you refer others to use Ever Peak Capital , you earn referral commission of 50% of the fees that they pay when they use the Services. You can earn referral commission for the entire time that you and the people that you refer have active accounts on Ever Peak Capital . You can find your referral link in your Ever Peak Capital Account Profile page.

Prohibited Activities

You agree to use Ever Peak Capital without violating any laws, statutes, ordinates or regulations.

You are not entitled to use any products or services to engage in any of the following activities, nor should you be involved in transactions related to:

Narcotics, steroids, drugs or other controlled substances
Drug paraphernalia
Items that promote or facilitate illegal activities
Stolen goods
Items that promote or facilitate hate, violence or racial intolerance
Any fraud schemes or high-yield investment programmes.
Items that are considered obscene
Items that are counterfeit or otherwise infringe or violate copyright, trademark or other intellectual property
Ammunition, firearms or other weapons that require licensing
The sale of personal information
Prostitution or illegal escort services
Extortion or blackmail
Internally operating as a money transmitter, payment service provider, e-money or any other financial service business
The offering of gambling or gaming services

Suspension

We may suspend your account and your access to the Services with immediate effect on notice to you, including the freezing of your crypto asset balances in your account if :

You breach any of these Terms and Conditions and (in the case of a breach capable of remedy) fail to remedy it within 7 calendar days of receipt of notice from us specifying the breach and recording an intention to terminate if the breach is not remedied;

We get asked to by a regulatory authority or we receive a binding court order;

You fail to provide the required identity verification documents or provide false information;

You use your account for any illegal, malicious, unauthorised or inappropriate manner, or if we reasonably suspect you of using your account for the same. If your account has been suspended we will notify you in writing to explain, where we are permitted to dos, the reasons for the suspension.

Termination

The termination or expiry of the Services shall not affect any rights or liabilities of the parties already accrued, except to the extent necessary, and these Terms and Conditions will continue to apply.

Termination by You

You can cancel your Ever Peak Capital account and request to stop using the Services at any time by emailing us at mail@everpeakcapitalinv.com You should withdraw your balances prior to deleting your account. When you delete your account, you’ll lose the ability to earn and you’ll have any of your pending orders deleted. Deleting your account will not affect any rights and obligations incurred prior to the date of you deleting your account.

Termination by Us

We may terminate your account and your access to the Services with immediate effect on notice to you, if :

You breach these Terms and Conditions and (in the case of a breach capable of remedy) fail to remedy it within 7 calendar days of receipt of notice from us specifying the breach and recording an intention to terminate if the breach is not remedied;

We get asked to by a regulatory authority or we receive a binding court order;

You fail to provide the required identity verification documents or provide false information.

Use your account for any illegal, malicious, unauthorised or inappropriate manner, or if we reasonably suspect you of using your account for the same;

We reasonably suspect that someone other than you is attempting to gain access to the account;

Haven’t used your account for more than two years.

Warranties, Indemnities and Liability

You warrant and represent that:

You have not relied on any representations made by or on behalf of Ever Peak Capital save as contained in these Terms and Conditions; and all the information, documentation given or made by you are accurate and in no way misleading.

You agree to indemnify Ever Peak Capital , its directors, officers, employees, contractors and agents, and any other related body corporate, against all claims, demands, damages, costs, penalties, suits and liabilities of any nature caused directly or indirectly by you for any act or omission or any breach of any provision of these Terms and Conditions.

Ever Peak Capital shall not be liable in contract, tort or otherwise for any consequential, indirect or pure economic loss that you suffer that arises in any way from the Services, these Terms and Conditions, even if such loss was, or should have been, within our contemplation.

The liability of Ever Peak Capital 's directors, officers, employees, contractors and agents, and any other related body corporate of Ever Peak Capital in contract, tort or otherwise is excluded to the maximum extent permitted by law.

You agree to hold Ever Peak Capital , its directors, employees, partners and affiliates harmless for cybersecurity attacks or related losses.

We do not provide accounting, legal, financial, consulting, investment or other professional advice. You are responsible for the risks involved due to the decision to hold, purchase or sell crypto assets.

Although we make every effort to provide accurate information on the Website, the Website may not always be entirely accurate, completed or up to date. Accordingly, you should validate any content and information on the Website before you rely on it.

Links to third-party websites and content are not controlled by us, not do they necessarily imply a partnership with, or an endorsement of the websites or content. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessed via the Forex Finance trading platform.

Ever Peak Capital cannot guarantee that its services will available 100% of the time. You accept and acknowledge that the Website may become unavailable from time to time due to various circumstances and Ever Peak Capital will not be responsible for any loss due to system breach.

Risk Warning

You agree that the services provided on Ever Peak Capital do not constitute an offer of securities or solicitation for investments in securities in any jurisdiction. None of the information provided should be considered an invitation or inducement to engage in any sort of investment activity. You agree and acknowledge that the tokens listed in Ever Peak Capital do not constitute shares or equities or securities or financial instruments or investments in any form in any jurisdiction. In addition, you acknowledge the following:

Crypto asset transactions made by you from your Ever Peak Capital wallet are irreversible. If you send crypto assets to an incorrect address or send the wrong amount, you cannot retrieve it. Ever Peak Capital will not be liable for executing a transaction if the instruction relates to an incorrect crypto asset wallet address.

Before buying or selling crypto assets, you need to educate yourself about crypto investing as it entails risk and volatility and could result in the loss of your funds. You should ensure that you fully understand the risks involved and that you do not invest money that you cannot afford to lose.

Crypto assets are not backed by an entity. Neither Ever Peak Capital nor anyone else has an obligation to buy back the crypto assets in the future.

Crypto assets are not legal tender in most countries and are not issued, backed or guaranteed by any government.

Legislative and regulatory changes or actions at domestic or international level may adversely affect the use, transfer, trading and value of crypto assets.

Because transactions on Ever Peak Capital are generally irreversible, losses due to fraudulent or accidental transactions may not be recoverable.

Crypto asset transactions shall be deemed final when recorded on a blockchain ledger, which is not necessarily the same date or time that the transaction was initiated.

There is no assurance that a person who accepts crypto assets as payment today will continue to do so in the future.

The volatility and unpredictability of the price of crypto relative to fiat currency may result in significant loss or tax liability over a short period of time.

Crypto assets are derived from the continued willingness of market participants to trading fiat currency for crypto, which may result in the potential for permanent and total loss of value.

The nature of crypto assets invites an increased risk of fraud or cyber-attack.

You acknowledge that crypto asset investing involves risk and could result in financial losses. The performance of the investments contained or referred to in the Services are not guaranteed by Ever Peak Capital , any of its related companies or any investment manager. The investments are subject to the rise and fall of the market.

Ever Peak Capital does not provide any guarantee for the value of crypto assets and has no obligation to buy back any transaction at any time.

Intellectual Property

All intellectual property included in the Website, including, but not limited to, Website logos, databases, Website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) are owned by Ever Peak Capital . You may not copy, modify, copy, transmit or use any of the foregoing materials or content for commercial purposes.

Changes to these Terms and Conditions

We may vary all or any part of the Terms and Conditions at any time by written notice to you.

Your continued use of the Services following a variation referred to in any notice under clause 60 becoming effective, or 7 calendar days after receipt of such notice, whichever is the later, will be deemed to constitute acceptance of the variation.

General

A party may suspend its obligations under the Terms and Conditions if and to the extent that it is unable to perform such obligations as a direct result of a fire, wind, flood, riot, war, industrial action or defaults by third parties or other circumstances of a similar nature beyond its reasonable control (force majeure event). Where a party claims a force majeure event has occurred it must give notice to the other party giving all available information in relation to the event and estimating the period of time required to remedy the event and end the suspension. The existence of a force majeure event will not relieve a party from any obligation to the extent that it is not affected by the force majeure event or related to the period up the occurrence of the force majeure event. Where a party’s obligations have been suspended pursuant to this clause for a period of 30 calendar days or more, the other party may immediately terminate the delivery of all Services under these Terms and Conditions by notice to the other party.

Where any notice is to be given under these Terms and Conditions, such notice must be given in writing by email to the address nominated by the party. Unless otherwise advised, notice can be given to Ever Peak Capital.

No delay or failure by us to exercise any of our powers, rights or remedies under these Terms and Conditions will operate as a waiver of them and any waiver, to be effective, must be in writing.

If any part of these Terms and Conditions is found by a court or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from the remainder of those terms will continue to be valid and enforceable to the fullest extent permitted by law.

The headings or titles used in these Terms and Conditions are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Terms and Conditions.

These Terms and Conditions are the complete and exclusive statement of the agreement between the parties relating to their subject matter and they supersede all previous communications, representations and other arrangements, whether written or oral. These Terms and Conditions may only be varied in writing.

These Terms and Conditions will be governed by the laws of Singapore and will be construed in all respects as a contract entered into in Singapore. The parties hereby submit to the exclusive jurisdiction of the courts of Singapore. In the case of arbitration, parties can decide to convene dispute resolution in a separate and convenient venue.

Privacy Policy

By using the Services, you agree to be bound by our Privacy Policy. You can find the most recent version here.

Terms and Conditions Specific to Usage of Ever Peak Capital Websites - “Website Terms”

The following are terms of a legal agreement (hereinafter referred to as the “Agreement”) between you, individually and/or as an agent on behalf of an entity or another registered user (hereinafter also referred to as the “User”) and Ever Peak Capital Limited (hereinafter referred to as the “Company”) separately referred to as “the Party”, and jointly – “the Parties” that set forth the terms and conditions for using this website at https://everpeakcapitalinv.com, including any subdomain thereof (hereinafter referred to as the “Site”). This site is being provided to the User according to the Agreement. By accessing, browsing and/or using the site, the User confirms that he (she) has read, understood, and agreed to be bound by the Terms of this Agreement and to comply with all applicable laws and regulations.

The Company reserves the right to amend this Agreement at any time and will notify the User of any such changes by posting the revised Agreement on the site. The User should check this Agreement on the site for changes periodically. All changes shall be effective upon posting. If the User continues using the site after any changes to the Agreement take place, it means the User accepts such changes. For technical reasons or at the request of regulatory authorities the Company may terminate, suspend, change, or restrict access to all or any part of this site without liability.

Terms here should be read together with terms regarding trading content in the Terms and Conditions and Privacy Policy. All terms shall apply.

Disclaimer of Warranties on Website

This site and all of the Content is provided “as is” and “as available” without any warranty, either express or implied, including the implied warranties of merchantability, suitability for specific purposes in cases where it is impeded by legal regulation in the User's jurisdiction or force majeure circumstances.

Additionally, there are no warranties as to the results of the User’s application of the Content. The affiliates do not warrant that the site is free of viruses or other harmful components, but take all possible measures to prevent their occurrence. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this agreement.

Neither the Company, nor any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (jointly - the “Affiliates”) guarantees the accuracy, adequacy, timeliness, reliability, completeness or usefulness of any of the Content and the affiliates disclaim liability for errors or omissions in the Content.

The affiliates may make changes in the Content and the site at any time without prior notice to the User and without any liability to the User. Any dated information is published as of its declared date only, and the affiliates do not undertake any obligation or responsibility to update or amend any such information. The affiliates reserve the right to terminate any or all the site offerings or transmissions without prior notice to the User. This site could contain technical inaccuracies or typographical errors. Use of this site is at the User’s own risk.

Limitation of Liability

By purchasing Ever Peak Capital products and services the User confirms that the User is aware of all the risks associated with the cryptocurrency market, its legal regulation in various jurisdictions and understands that the Company is not responsible for the cost of the cryptocurrency the User is dealing with while using DAC products and services. Under no circumstances will Ever Peak Capital and its staff be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Ever Peak Capital , or representatives thereof, are advised of the possibility of such damages, losses or expenses. The Company is not liable for any defamatory, offensive or illegal conduct of the User. The User’s sole remedy for dissatisfaction with this site is to stop using the site. If the User uses materials from this site resulting in the need for servicing, repair or correction of equipment or data, the User assumes any costs thereof. If the foregoing limitation is found to be invalid, the User agrees that the Ever Peak Capital ’s total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold harmless the affiliates from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content the User submits to, post to or transmit through the site, or (ii) the User’s use of the site in violation of this agreement or in violation of any applicable law. The User further agrees that the User will cooperate fully in the defence of any such claims. The affiliates reserve the right, at their own expense, to assume the exclusive defence and control of any matter that is otherwise a subject to indemnification by the User, and the User will not in any event settle any such claim or matter without the written consent of the Company. The User further agrees to indemnify and hold harmless the affiliates from any claim arising from a third party’s use of information or materials of any kind that the User posts to the site.

Final Provisions

By using the site the User indicates that they have read this agreement and have no complaints about the content. This agreement is written in English. If it is necessary, the User can seek the services of a qualified interpreter to translate the agreement in any another language for examination.

In case of discrepancies between the English and foreign language versions of the agreement, the English version will prevail. In case that one or more provisions hereof become invalid or unenforceable for any reason, this will not affect the validity or applicability of the remaining provisions.

This agreement is effective until terminated by the Company. The Company may terminate this agreement at any time without notice, or suspend or terminate the User’s access and use of the site at any time, with or without cause, in the Company’s absolute discretion and without notice. The following provisions of this agreement shall survive termination of the User’s use or access to the site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and Final Provisions, and any other provision that by its Terms survives termination of the User’s use or access to the site.

Jurisdiction and Contacts

Parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of Sweden. However, in the case of arbitration, parties can decide to convene dispute resolution in a separate and convenient jurisdiction.

If the User has any questions related to this agreement, feel free to contact us at mail@everpeakcapitalinv.com