Disclaimer

IMPORTANT INFORMATION ABOUT USE OF THE Wischoff Capital PLATFORM AND RISK DISCLAIMER

By accessing the website https://wischoffcapital.com and any webpages thereof, and the Wischoff Capital mobile application (available for free download at App stores for iOS and Android mobile device operating systems) (collectively, the “Platform”), you acknowledge that you have read the following information and accept the terms and conditions set out below, and agree to be bound by this document. The terms “you” or “your” in this document refer to both you personally and any other person on whose behalf you are accessing the Platform as the context requires. We may change this document along with other documents or agreements between you and the Platform from time to time by posting such changes on the Platform without notice to you.  By visiting or using the Platform, you are deemed to have agreed to the terms of this document along with other documents  and agreements as then posted on the Platform.

General 

The Platform is operated globally under the trade name “Wischoff Capital” (“Wischoff Capital,” “we,” or “us”).

The contents of the Platform have not been reviewed by any regulatory authority.  If you are in any doubt as to the contents of the Platform, you should obtain independent professional advice.

The Platform is not directed at, nor intended to be distributed to, or accessed or used by, any person in any jurisdiction, including but not limited to Afghanistan, Cuba, Iran, North Korea, Syria and Ontario of Canada, where the distribution of the information on the Platform would be contrary to the laws or regulations of such jurisdiction or would subject Wischoff Capital to any registration or sanction compliance requirement of such jurisdiction.  Persons in respect of whom such prohibitions apply must not access the Platform.  It may be unlawful to access or download the information on the Platform in certain jurisdictions, including but not limited to Afghanistan, Cuba, Iran, North Korea, Syria and Ontario of Canada,, and to the greatest extent permitted by law, we disclaim all responsibility if you access or download any information from the Platform in breach of any law or regulation of the jurisdiction in which you reside or are then present.  By proceeding, you are representing and warranting that the applicable laws and regulations of your jurisdiction allow you to access the information on the Platform.

Specific information for US persons

The information on the Platform is not directed at or intended for distribution to, or use by, residents of any state, territory or possession of the United States, or any other “US person” within the meaning of Rule 902(k) of Regulation S under the Securities Act of 1933, as amended (the “Securities Act”).  

No digital asset described on the Platform have been registered under the Securities Act, and may not be offered or sold in the United States or to US persons except pursuant to an applicable exemption from the registration requirements of the Securities Act or otherwise pursuant to any determination of such digital assets by the Securities and Exchange Commission of the United States.

Information displayed on the Platform contains material that may be interpreted by the relevant authorities in the United States as offer, or solicitation of an offer, to purchase or sell digital assets. Accordingly, the information on the Platform is only intended to be viewed by persons who fall outside the scope of any law of the United States that seeks to regulate offer, sale, or other transactions in digital assets.  If you are uncertain about your status under the laws of the United States, you should seek advice from counsel before accessing the Platform.

Specific information for residents of Canada

No securities commission or similar authority in Canada has reviewed or passed upon in any way the merit of the information on the Platform, and any representation to the contrary is an offence.           

No offer

The contents of the Platform have been provided for the purposes of information and arms-length transactions only and do not constitute any solicitation to buy, offer to sell, or advice or recommendation to buy, sell or otherwise acquire or dispose of, any interest in any investment, or any advice or recommendation to pursue any investment strategy.

No advice 

The Platform allows customers that have registered to open an account with Wischoff Capital to trade digital assets with Wischoff Capital in a principal capacity.  After accepting a customer order, the Platform may then place an order with Wischoff Capital’s counterparties’ platforms (e.g., Huobi or Binance) on the basis of  aggregated outstanding positions so that Wischoff Capital may complete the customer’s order on the Platform.  In both the trade with its customer and the trade with its counterparty, Wischoff Capital acts in a principal capacity. Customers can utilize various proprietary automated trading systems (“trading bots”) offered by Wischoff Capital in executing their trades by filling in the trading parameters in respect of the chosen trading bot.  The operation of any trading bot is dictated by the parameters set by the customer.  No trading bot has the ability to exercise any discretion with regard to any trade position without the input of the customer.  A customer may stop the operation of any trading bot at any time, and withdraw all digital assets involved, including principal and realized profit or loss, at any time.

Wischoff Capital is not licensed in any jurisdiction as a broker, financial advisor, investment advisor, portfolio manager or tax advisor.  Nothing contained in the Platform constitutes investment, legal, tax or other advice.  You should not rely on the contents of the Platform as advice or to make any decision.  Before making any trading or investment decision, you should obtain professional advice specific to your circumstances, and obtain and read the terms and conditions and other information relevant to any trade or investment, including risk disclosures pertaining to such trade or investment.  Wischoff Capital does not make any determination as to the suitability of any trade or investment conducted on the Platform and makes no representation or warranty that any such trade or investment is suitable for you.  Any statement of risks of any trade or investment referenced on the Platform should not be regarded as a full disclosure of all risks. 

By accessing the Platform, you acknowledge and agree that Wischoff Capital is not responsible for your use of any information that you obtain from the Platform, that your trading or investment decisions are made on your own for which you bear sole responsibility, and that you use the Platform and the trading bots at your sole risk. Also, Wischoff Capital shall not be liable for any liability caused by your usage of any information that you obtain from the Platform.

Risk of trading and investments in digital assets

As a customer or potential customer of the Platform and before you pay Wischoff Capital any money or digital asset you should be aware of the following:

1. Wischoff Capital may not hold a license to offer you services through the Platform in your jurisdiction. Please note that this may mean you will not be able to recover all the money or digital assets you paid to us if our business fails.
2. You should not transact in a digital asset if you are not familiar with that digital asset. Transacting in digital assets may not be suitable for you. Once you transact on the Platform, your behavior shall be deemed willingly by yourself, and you shall be deemed to be fully familiar with the digital assets and fiat currency (if involved in the transaction).   
3. You should be aware that the value of digital assets may fluctuate greatly. You should buy digital assets only if you are willing and prepared to accept the risk of losing all of the money you put into such assets.
4. Past performance is not indicative of likely future performance and the value of any digital asset available on the Platform may go down as well as up.  Wischoff Capital does not guarantee the performance of any trade or investment, the return of any customer’s principal or the achievement of any rate of return.
5. Investment in any of the digital assets available on the Platform carries substantial risk, including the possible loss of principal.  And performance and returns of any digital asset may vary significantly over time.
6. Trading and investment in digital assets available on the Platform are not suitable for all persons.  You should only trade or invest in a digital asset after you have thoroughly reviewed the relevant information of the digital asset.  You may wish to consult an independent financial adviser for personal and specific trading and investment advice before entering into any trade. 
7. We may, in our sole discretion, open and/or maintain external wallets/accounts with third party digital asset wallet solution providers and/or external digital assets counterparty exchanges (each, an “External Provider”) to custody and safekeep all or part of your digital assets, and/or to facilitate your trading and investment in digital assets through Wischoff Capital. While we will undertake measures to carefully select and engage an External Provider, Wischoff Capital does not guarantee the security or functionality of an External Provider’s software or technology and is not responsible for any loss of digital asset due to the failure of the External Provider’s software or technology. As a result, you may risk losing digital assets that have been placed with an External Provider, and Wischoff Capital will not be liable you for such loss. Furthermore, no compensation shall be expected from Wischoff Capital under such circumstance.  
8. We use various blockchains and/or blockchain technology to process your digital asset transactions, for example, the Ethereum blockchain.  All blockchains and/or blockchain technology may experience unintended events or consequences, including but not limited to backlogs, higher than normal transaction fees, changes to the network, failure, or forks in the protocol. Wischoff Capital does not own or control any blockchain or blockchain technology, is not responsible for the operation of the blockchain network, and makes no guarantee regarding the blockchain network’s security, functionality, or availability.  You may suffer loss as a result of any such events or consequences, and Wischoff Capital will not compensate you for such loss. You acknowledge and accept that we have sole discretion to determine our response to any operating change to any digital asset protocol and that we have no responsibility to assist you with unsupported currencies or protocols.

No warranties

While Wischoff Capital believes in good faith that the information provided on the Platform is accurate and up-to-date, it gives no representations or warranties as to the accuracy or completeness of such information, and shall not be liable for any direct, indirect, consequential or special losses or damages of any kind arising from or in connection with the use of the Platform (including the use of any links on the Platform to external websites or resources) or the use of such information.  The information on the Platform is provided strictly for the purposes of information and arms-length transactions only, and does not constitute trading or investment advice.  No reliance may be placed for any purpose other than arms-length transactions on the information provided on the Platform or the accuracy or completeness thereof, and neither Wischoff Capital nor any of its affiliates, directors, officers or employees accepts any responsibility or liability in respect of any information provided on the Platform, which is subject to change without notice.  No content on the Platform is tailored to the specific needs of any person.  Contents on the Platform may not be used as a basis for any financial instrument, commodity or other product without the express prior written consent of Wischoff Capital. 

Some contents on the Platform, including contents made available to the Platform through hyperlinks to external websites, platforms or sources, are provided to Wischoff Capital by unrelated third-party providers, including providers of pricing information for the digital assets.  While Wischoff Capital selects such third-party content providers based on rigorous criteria and with reasonable care, Wischoff Capital does not review such third-party contents for accuracy, completeness or reliability, and does not warrant or guarantee their accuracy, completeness, reliability or any other aspect of such contents.  The performance of the Platform is directly linked to the performance of certain unrelated third-party services.  Wischoff Capital disclaims all responsibility for non-performance of such third-party services, and shall not be held liable for any performance issues of the Platform caused by failures of such third-party services.

Digital assets and the trading and investment thereof are based on a new and insufficiently tested technology.  In addition to the risks described herein, there are other risks associated with your use of the Platform, and the purchase, holding, sale and use of digital assets, many of which Wischoff Capital is not aware of and cannot anticipate.  Such risks may materialize in unanticipated ways as variations or combinations of the risks discussed herein or otherwise unknown.

To the maximum extent permitted by applicable law, Wischoff Capital hereby disclaims all implied warranties regarding the availability of the Platform.  Except as expressly provided herein, the Platform is made available to you “as is” and “as available” without warranty of any kind.  Wischoff Capital, its affiliates, directors, officers, employees and agents expressly disclaim all other representations, endorsements or warranties of conditions, express or implied, including, without limitation, merchantability, fitness for a particular purpose, title or non-infringement, completeness, security, reliability, suitability, accuracy, currency, availability, error-free or uninterrupted operation, or that defects will be corrected, or any warranty arising from a course of dealing, performance, or trade usage.  Your sole and exclusive remedy, and our sole obligation to you or any third party for any claim arising out of your use of the Platform is that you are free to discontinue your use of the Platform at any time.

To the maximum extent permitted by applicable law, Wischoff Capital does not guarantee or warrant that files or data available for downloading from the Platform will be free of viruses or other harmful codes or components.  You are solely responsible for your use of the Platform and your device and data security.  To the maximum extent permitted by applicable law, Wischoff Capital, its affiliates, directors, officers, employees and agents will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data, or other proprietary material due to your use of the Platform, or your downloading of any material posted on the Platform or any third-party platform linked to the Platform.

Limitation of liability

Wischoff Capital does not make any representations or warranties other than those explicitly mentioned in these Terms of Use.  The Platform has not been developed to meet your individual needs.

To the maximum extent permitted by applicable law, you acknowledge and agree that Wischoff Capital, its affiliates, directors, officers, employees or agents shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages that you may suffer in connection with your use of the Platform, however caused and under whatever theory of liability, including but not limited to, loss of profit, lost opportunities, loss of data, and other intangible loss.  By accessing the Platform, you acknowledge that you are fully aware of the risks of trading, investing in and using digital assets and take full responsibilities for these risks.

Anti-money laundering and counter-terrorist financing (AML/CTF) and regulatory compliance

Wischoff Capital is committed to complying with all applicable laws, regulations and regulatory standards and guidance related to AML/CTF, including but not limited to, the International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation issued by the Financial Action Task Force; the Bank Secrecy Act and the USA PATRIOT Act of the United States; the Sixth Anti-Money Laundering Directive (effective 3 June 2021) of the European Union; the Money Laundering Regulations administered by the Financial Conduct Authority of the United Kingdom; the Proceeds of Crime (Money Laundering) and Terrorist Financing Act of Canada; and the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615 of the Laws of Hong Kong) and the Guideline on Anti-Money Laundering and Counter-Financing of Terrorism of Hong Kong.

Wischoff Capital has implemented a robust AML/CTF compliance program in compliance with all applicable AML/CTF requirements it is subject to.

As provided in the Privacy Policy below, you agree to Wischoff Capital’s collection and use of your personal data to enable Wischoff Capital to comply with AML/CTF and other regulatory requirements.

Availability of the website and software 

The Platform is available on computers and handheld mobile devices running the Wischoff Capital App.  Wischoff Capital will use best efforts to make the Platform available at all times.  However, you understand and acknowledge that the Platform is provided over the internet and mobile networks and thus the quality and availability of the Platform may be affected by factors outside Wischoff Capital’s reasonable control.

Wischoff Capital does not accept any responsibility whatsoever for unavailability of the Platform, any difficulty or inability to download or access contents on the Platform, or any other system failure that may result in the Platform being not fully available or functioning.

Wischoff Capital is not responsible for providing any technical support or maintenance to you regarding the Platform.  Wischoff Capital may, at its own discretion, update, modify, or adapt the Platform and its functionalities from time to time to enhance customer experience.  Wischoff Capital is not responsible for any downtime resulting from these actions.

Helpdesk

Wischoff Capital maintains an online helpdesk on the Platform that answers your questions about the Platform.  Wischoff Capital will only address questions about the functionalities of the Platform, and does not give you any personalized advice or recommend any system settings on your personal computers or mobile devices.  Wischoff Capital may upload general tutorials and instruction videos on the Platform to introduce the functionalities of the Platform.  All tutorials, videos and other instruction materials uploaded by Wischoff Capital are for general usage only, and do not contain any personalized solutions.  Your use of all such services and materials is at your own risk.

PRIVACY

Wischoff Capital is committed to protecting the privacy, confidentiality and security of the personal information or personal data of customers collected in compliance with all applicable data protection laws.  Wischoff Capital is equally committed to ensuring that all our staff comply with all our internal policies and standards on data security and confidentiality, and protect your personal data from unauthorised access, unlawful processing or accidental loss, destruction or damage.