Welcome to Big5Capital.com. These Terms of Service (“Terms”) govern your use of our website, platform, products, and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Notice.
Please read these Terms carefully. If you do not agree to them, you may not access or use our Services.
1. Who We Are
Big 5 Capital (Pty) Ltd is a financial technology company providing a simple, secure platform for buying, selling, and managing digital assets and related services. Our goal is to make digital finance accessible and safe for everyone.
2. Eligibility
To use our Services, you must:
- Be at least 18 years old
- Have the legal capacity to enter into a binding contract
- Not be located in, or a resident of, a country subject to embargoes or sanctions
- Not be barred from using our services under any applicable law
We may require identity verification before granting access to certain Services, in line with our KYC/AML obligations.
3. Account Registration
When you create an account with Big 5 Capital, you agree to:
- Provide accurate and complete information
- Maintain the security of your login credentials
- Notify us immediately of any unauthorized access or breach
- Be responsible for all activity under your account
We reserve the right to suspend or terminate accounts that violate these Terms or applicable laws.
4. Use of Services
You agree to use the Services only for lawful purposes. You may not:
- Use the platform for any illegal or fraudulent activity
- Attempt to gain unauthorized access to other accounts or systems
- Violate any applicable local, national, or international law
- Transmit harmful software, code, or content
- Use bots, scrapers, or automated tools to interact with our Services
Big 5 Capital reserves the right to limit or restrict your access if we suspect any breach of these Terms.
5. Financial Risk Disclaimer
Trading in digital assets involves substantial risk. Prices are highly volatile and may be affected by external factors like market shifts, regulatory changes, or technological developments. You acknowledge and agree that:
- You are solely responsible for evaluating the risks
- Big 5 Capital does not offer investment advice or guarantees
- You should consult with a financial advisor if you’re unsure
Your use of our Services is at your own risk.
6. Fees and Charges
You agree to pay all applicable fees as outlined in our Fee Schedule. We reserve the right to modify fees at any time, with prior notice.
Fees may include:
- Transaction fees (e.g., buy/sell)
- Deposit or withdrawal fees
- Currency conversion or network charges
7. Account Suspension or Termination
We may suspend, restrict, or terminate your account if:
- You breach these Terms
- We are required to do so by law or regulation
- We suspect fraud, money laundering, or illegal activity
- You pose a risk to the integrity of our platform
We will notify you where possible, but reserve the right to act without prior notice in urgent or legal situations.
8. Intellectual Property
All content and materials provided by Big 5 Capital—including our logo, platform design, and proprietary tools—are protected by intellectual property laws. You may not use, copy, or reproduce any part of our Services without written permission.
9. Privacy
We take your privacy seriously. Please refer to our Privacy Notice to learn how we collect, use, and protect your personal data.
10. Third-Party Services
Our platform may link to or use services provided by third parties. We do not control, endorse, or assume responsibility for any third-party content or practices. Your use of such services is at your own risk and subject to their terms.
11. Limitation of Liability
To the maximum extent permitted by law:
- Big 5 Capital will not be liable for any indirect, incidental, or consequential damages
- We are not liable for losses arising from your use or inability to use the Services
- Our total liability will not exceed the fees paid by you to us in the 12 months prior to the claim
Some jurisdictions do not allow limitations of liability, so these exclusions may not apply to you.
12. Indemnity
You agree to defend, indemnify, and hold harmless Big 5 Capital, its directors, employees, and affiliates from any claims, damages, losses, or expenses arising from your use of the Services or your breach of these Terms.
13. Changes to These Terms
We may update these Terms from time to time. When we do, we’ll post the revised version and update the effective date. You’ll be notified of material changes via email or through the platform. Your continued use of the Services means you accept the updated Terms.
14. Governing Law
These Terms are governed by the laws of [Insert Jurisdiction, e.g., the Republic of South Africa], without regard to conflict of law principles. Any disputes will be resolved in the courts of [Insert Jurisdiction].
15. Contact Us
For any questions about these Terms or your account, please contact us at:
📧 info@big5capital.com