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FiveWest General Risk Warnings

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This notice provides you with information about the risks associated with Fivewest’s Services. Whilst each Service provided by Fivewest has its own associated risks, this notice provides a general description of the risks when you use a Service offered by Fivewest. By using FiveWest Services, you acknowledge that you have read and understood these General Risk Warnings.

This notice does not describe all of the risks or how such risk relates to your personal circumstances or your personal trading strategies.

Personal Advice

We do not provide personal advice in respect to our Services. We may at times provide factual information, information about transactions procedures and information about the potential risks. However, any decision to use our Services is made by you. No communication or information provided to you by FiveWest is intended as, or shall be construed as investment advice, financial advice, trading advice, or any other sort of advice. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance.

No Monitoring

FiveWest is not your broker, intermediary, agent or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities undertaken by you using FiveWest Services. We do not monitor whether your use of the FiveWest Services with your financial goals and objectives. It is up to you to assess whether your financial resources are adequate for your financial activity with us, and to your risk appetite in the Services you use.

No Tax, Regulatory or Legal Advice

The taxation of Digital Assets is uncertain, and you are responsible for determining what taxes you might be liable to, and how they apply when transacting through FiveWest Services. It is your responsibility to report and pay any taxes that may arise from transacting on the FiveWest Services, and you acknowledge that FiveWest does not provide legal or tax advice relative to these transactions. If you have any doubts about your tax status or obligations when using FiveWest services, or with respect to any Digital Assets held to the credit of your FiveWest account, you may wish to seek independent advice. Furthermore, you will not use or take advantage of FiveWest Services to circumvent any capital, exchange control restrictions or tax obligations you may have or be subject to.

Market Risks

Digital Asset trading is subject to high market risk and price volatility. Changes in value may be significant and may occur rapidly and without warning. Past performance is not a reliable indicator of future performance. The value of an investment and any returns can go down as well as up, and you may not get back the amount you invested.

Liquidity Risk

Digital Assets may have limited liquidity which may make it difficult or impossible for you to sell or exit a position when you wish to do so. This may occur at any time, including at times of rapid price movements.

Availability Risk

We do not guarantee that the FiveWest Services will be available at any particular time or that FiveWest Services will not be subject to unplanned service outages or network congestion. It may not be possible for you to use the FiveWest Services when you wish to do so.

Users are responsible for informing themselves about and observing any restrictions and/or requirements imposed with respect to the access to and use of the FiveWest Services in each jurisdiction from which the FiveWest Services are accessed by or on behalf of the User.

Third Party Risk

Third Parties, such as payment providers, custodians and banking partners may be involved in the provision of FiveWest Services. You may be subject to the terms and conditions of these third parties and FiveWest is not responsible for any loss that these third parties may cause to you.

Security Risk

It is not possible for FiveWest to eliminate all security risks. You are responsible for keeping your FiveWest account password safe and you may be responsible for all the transactions under your FiveWest account, whether you authorised them or not. Transactions in Digital Assets may be irreversible, and losses due to fraudulent or unathorised transactions may not be recoverable and you indemnify FiveWest for any losses suffered due to fraudulent or unathorised transactions.

Risks related to Digital Assets

Given the nature of Digital Assets and their underlying technologies, there are a number of intrinsic risks, including but not limited to:

Faults, defects, hacks, exploits, errors or protocol failures or unforeseen circumstances occurring in respect of a digital asset or the technologies or economic systems on which the Digital asset reply; Transactions in Digital Assets being irreversible. Consequently, losses due to fraudulent or accidental transactions may not be recoverable; Technological development leading to the obsolescence of a Digital Asset; Delays causing a transaction not being settled on the scheduled delivery date; and Attack on the protocol or technologies on which a digital asset depends, including but not limited to:

i. distributed denial of service

ii. sybil attack

iii. phishing

iv. social engineering

v. hacking

vi. smurfing

vii. malware

viii. double spending

ix. majority-mining, consensus-based or other mining attacks

x. misinformation campaigns

xi. forks and

xii. Spoofing.

You acknowledge and agree that the use of FiveWest Services is entirely at your own risk and accordingly, you assume full responsibility and risk of loss resulting from or relating to use of FiveWest Services.

Monitoring Risks

Digital Assets are open 24 hours a day, 7 days a week. Rapid price changes may occur at any time, including outside normal business hours.

Currency

Currency exchange fluctuations will impact your gain and losses.

Legal Risks

Changes in laws and regulations may materially affect the value of Digital Assets. This risk is unpredictable and may vary from market to market.

Published: 28 June 2023
FiveWest
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