Terms & Conditions

Last Updated: January 1, 2026

Pacific Capital HQ LTD User Agreement

This agreement (the "Agreement") is for all Pacific Capital HQ LTD ("Pacific Capital") customers.

Pacific Capital HQ LTD (also trading as Pacific Capital) is regulated by the UK Financial Conduct Authority (FCA).

This is a contract between you and Pacific Capital HQ LTD, a private limited company incorporated in United Kingdom with a company number 13132125, whose registered office address is 13 Gray's Inn Square, Ground Floor, London, England, WC1R 5JR and in United States with a company number 5814434, whose registered office address is CORPORATION TRUST CENTER 1209 ORANGE ST, and also in Australia with a company number 610586564, whose registered office address is SYDNEY NSW 2000, also in Denmark with a company number 41239735, whose registered office address is Hellestrupvej 5B, Hellestrup, 4300 Holbæk and in New Zealand with a company number 9156292, whose registered office address is Level 7, 59 High Street, Auckland Central, Auckland, 1010 , New Zealand

References in this Agreement to "Pacific Capital", "we", "our" or "us", are to Pacific Capital HQ LTD, and references to "you" or "your" are to the person with whom Pacific Capital enters into this Agreement.

By signing up to use an account through https://pacificcapital.ltd/, or any of our associated websites, application programming interfaces ("APIs"), or mobile applications (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy.

We refer to the E-Money Services, Digital Currency Services and Additional Services (all defined below) collectively as the "Pacific Capital Services", which can be accessed via the platform operated by Pacific Capital HQ LTD (the "Pacific Capital Platform") (including the online platform which is accessible via the Site or at such location as may be prescribed by Pacific Capital from time to time).

Important: You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial. As with any asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling or holding digital currencies. You should carefully consider whether trading, holding or investing Digital Currencies is suitable for you in light of your financial condition.

1. ELIGIBILITY

To be eligible to use any of the Pacific Capital Services, you must be at least 18 years old and reside in a country in which the relevant Pacific Capital Services are accessible. Please note that not all Pacific Capital Services are available in every country.

2. SERVICES

2.1 Digital Currency Services

The following services (the "Digital Currency Services") may be provided to you by Pacific Capital:

  • hosted digital currency wallets (the "Digital Currency Wallets") enabling you to store, track, transfer, and manage your balances of certain supported digital currencies like Bitcoin or Ethereum (collectively "Digital Currency" or "Digital Currencies"); and
  • a Digital Currency exchange service enabling you to obtain prices for your deposits of Digital Currencies.

2.2 Several Liabilities

You agree that the liability of Pacific Capital Platform under this Agreement is not joint, and Pacific Capital Platform shall be liable only for their own respective obligations under this Agreement, and any breaches by them of those obligations.

2.3 Fees

You agree to be responsible for the payment of and pay all fees.

3. ACCOUNT SETUP

3.1 Registration of Pacific Capital Account

To use the Pacific Capital Services, you will need to register for a Pacific Capital account (a "Pacific Capital Account") by providing your details, including your name, email address and a password and accepting the terms of this Agreement. By using a Pacific Capital Account, you agree and represent that you will use the Pacific Capital Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from Pacific Capital in accordance with Section 3.2 and 4.10 of this Agreement. Each customer may register only one Pacific Capital account. You are fully responsible for all activity that occurs under your Pacific Capital Account. We may, in our sole discretion, refuse to open a Pacific Capital Account for you, or suspend or terminate any Pacific Capital Accounts (including but not limited to duplicate accounts) or suspend or terminate the trading of specific Digital Currency in your account.

3.2 Third party Access

If, to the extent permitted by Section 4.10, you grant express permission to a Regulated Third Party to access or connect to your Pacific Capital Account(s), either through the Regulated Third Party's product or service or through the Site, you acknowledge that granting permission to a Regulated Third Party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any Regulated Third Party with access to your Pacific Capital Account(s) and any action of such Regulated Third Party shall be considered to be an action authorised by you. Further, you acknowledge and agree that you will not hold Pacific Capital responsible for, and will indemnify Pacific Capital from, any liability arising out of or related to any act or omission of any Regulated Third Party with access to your Pacific Capital Account(s).

3.3 Identity Verification

You agree to provide us with the information we request (which we may request at any time deemed necessary) for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to continue using the Pacific Capital Services and to access specific Pacific Capital Services, including certain transfers of Digital Currency, and the limits that apply to your use of the Pacific Capital Services may be altered as a result of information collected on an ongoing basis.

The information we request may include (but is not limited to) personal information such as your name, residential address, telephone number, email address, date of birth, taxpayer identification number, government identification number and other subscriber status details, and any such information that Pacific Capital is required to collect from time to time under applicable law.

You may also be required to undergo "Enhanced Due Diligence" (see Section 6.1 below), where Pacific Capital may request that you submit additional information about yourself or your business, provide relevant records, and arrange for meetings with Pacific Capital staff so that Pacific Capital may, among other things, establish the source of your wealth and source of funds for any transactions carried out in the course of your use of Pacific Capital Services.

In providing us with this or any other information that may be required, you confirm that the information is true, accurate and complete, and you have not withheld any information that may influence Pacific Capital's evaluation of you for the purposes of your registration for a Pacific Capital Account or the provision of Pacific Capital Services to you. You undertake to promptly notify in writing and provide Pacific Capital with information regarding any changes in circumstances that may cause any such information provided to become false, inaccurate or incomplete and also undertake to provide any other additional documents, records and information as may be required by Pacific Capital and/or applicable law. You permit us to keep records of such information. We will treat this information in accordance with Section 11 (Data Protection).

You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such enquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Pacific Capital Services and/or before permitting you to engage in transactions beyond certain volume limits.

4. CRYPTOCURRENCY SERVICES

4.1 In General

Your Digital Currency Wallet enables you to send Digital Currency to, and request, receive, and store Digital Currency from, other users or third parties outside the Pacific Capital Platform, by giving instructions through the Site (each such transaction is a "Digital Currency Transaction").

The Digital Currency Service enables you to deposit Digital Currency on the Pacific Capital Platform using other types of supported Digital Currency on the Pacific Capital platform.

4.2 Transaction Fulfilment

We will make reasonable efforts to fulfil all deposits of Digital Currency, but in some circumstances, we may be unable to. If this is the case, we will notify you and seek your approval to re-attempt the deposit at the current Exchange Rate (as defined below).

4.3 Availability of Deposit Methods

The availability of a method of deposit depends on a number of factors including, for example, where you are located and your choice of digital currency to deposit.

4.4 Authorisations; Reversals; Cancellations

By clicking the 'Deposit' or 'Withdrawal' button on the Site, you are authorising Pacific Capital to initiate the transaction at the quoted market Price and agree to any associated Conversion Fees and Exchange Fees and any other fees.

You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorise us, in our sole discretion, to cancel the transaction you are responsible for maintaining an adequate balance in order to avoid overdraft, insufficient funds, or similar fees charged by your wallet/payment provider. Pacific Capital reserves the right to suspend access to Pacific Capital Services until such insufficient payment is addressed.

4.5 Digital Currency Transactions

We will process Digital Currency Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requestee or other third party and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete.

Digital Currency Transactions cannot be reversed once they have been broadcast to the relevant Digital Currency network.

We may charge network fees ("miner fees") to process a Digital Currency Transaction on your behalf. We will calculate the miner fees at our discretion, although we will always notify you of the miner fees at (or before) the time you authorise the Digital Currency Transaction. Non-payment of miner fees may cause your transaction to remain in a pending state outside of Pacific Capital's control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.

We may also refuse to process or cancel any pending Digital Currency Transaction as required by law, regulation or any court or other authority to which Pacific Capital is subject in any jurisdiction, for instance, if there is suspicion of money laundering, terrorist financing, fraud, or any other financial crime.

4.6 Supported Digital Currencies

Our Digital Currency Services are available only in connection with those digital currencies that Pacific Capital supports ("Supported Digital Currencies"), and this may change from time to time.

Under no circumstances should you attempt to use your Pacific Capital account to store, send, request, or receive digital currencies in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use your Pacific Capital account for digital currencies that we do not support. You acknowledge and agree that Pacific Capital bears no responsibility and is not liable for any unsupported asset that is sent to a wallet associated with your Pacific Capital Account.

4.7 Ending support of a Digital Currency

Pacific Capital may in its sole discretion terminate support for any Digital Currency. Pacific Capital will provide you no less than 10 days notice (unless a shorter period is required by applicable law or a regulatory authority) via email to the email address associated with your Pacific Capital account to announce the end of such support. If you do not withdraw or send such Digital Currency off the platform during this time, Pacific Capital reserves the right to withdraw such Digital Currencies from your account and credit your Pacific Capital account with the market value of a supported Digital Currency which will be selected in our reasonable discretion.

4.8 Supplemental Protocols Excluded

Unless specifically announced on the Site or via an official public statement of Pacific Capital, Supported Digital Currencies excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Currency. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a Supported Digital Currency (collectively, "Supplemental Protocols"). Do not use your Pacific Capital Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such Supplemental Protocols, as the Pacific Capital Platform is not configured to detect, secure, or process these transactions and functionalities. Any attempted transactions in such items will result in loss of the item.

You acknowledge and agree that Supplemental Protocols are excluded from Supported Digital Currency and that Pacific Capital has no liability for any losses related to Supplemental Protocols.

4.9 Operation of Digital Currency Protocols

We do not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. Generally, the underlying protocols are 'open source' and anyone can use, copy, modify, and distribute them.

4.10 Digital Currency Storage & Transmission Delays

The Pacific Capital Group securely stores Digital Currency private keys, in a combination of online and offline storage. Our security protocols may delay the initiation or crediting of a Digital Currency Transaction.

4.11 Third party Payments

We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or receive from, or sell or transfer to, any third party (including other users of the Digital Currency Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, any third party using Digital Currency transferred using the Digital Currency Services, or if you have a dispute with such a third party, you should resolve the dispute directly with that third party.

4.12 Digital Currency Title

All Digital Currencies held in your Pacific Capital account are assets held by the Pacific Capital Group for your benefit on a custodial basis. Among other things, this means:

  • Title to Digital Currency shall at all times remain with you and shall not transfer to any company outside the Pacific Capital Group. As the owner of Digital Currency in your Pacific Capital account, you shall bear all risk of loss of such Digital Currency.
  • None of the Digital Currencies in your Digital Currency Wallet are the property of, or shall or may be loaned to, Pacific Capital; Pacific Capital does not represent or treat assets in a user's Digital Currency Wallets as belonging to Pacific Capital. Except as required by a facially valid court order, or except as provided herein, Pacific Capital will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Currency in your Pacific Capital account unless instructed by you or compelled by a court of competent jurisdiction to do so.
  • You control the Digital Currencies held in your account. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Currency by sending it to a different cryptocurrency address controlled by you or a third party.
  • In order to more securely hold customer Digital Currency, the Pacific Capital Group may use shared blockchain addresses, controlled by a member of the Pacific Capital Group, to hold Digital Currencies held on behalf of customers and/or held on behalf of Pacific Capital. Customers' Digital Currency is segregated from the Pacific Capital Group's (including Pacific Capital's) own Digital Currency or funds by way of separate ledger accounting entries for customer and Pacific Capital Group accounts. Notwithstanding the foregoing, the Pacific Capital Group shall not have any obligation to use different blockchain addresses to store Digital Currencies owned by you and Digital Currencies owned by other customers or by the Pacific Capital Group.
  • Pacific Capital is under no obligation to issue any replacement Digital Currency in the event that any Digital Currency, password or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible.

6. ENHANCED DUE DILIGENCE

6.1 Enhanced Due Diligence

We may require you to submit additional information about yourself or your business and provide records if you wish to raise your investment ("Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance so that you can decide whether you wish to proceed with the request.

7. SUSPENSION, TERMINATION, AND CANCELLATION

7.1 Suspension, Termination and Cancellation

We may: (a) refuse to complete, or place on hold, block, cancel or reverse a transaction you have authorised (even after funds have been debited from your Pacific Capital Account), (b) suspend, restrict, or terminate your access to any or all of the Pacific Capital Services, and/or (c) deactivate or cancel your Pacific Capital Account with immediate effect for any reason, including but not limited to where:

  • we reasonably believe that we need to do so in order to protect our reputation;
  • we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
  • we reasonably suspect you of acting in breach of this Agreement;
  • we have concerns that a transaction is erroneous or about the security of your Pacific Capital Account or we suspect that the Pacific Capital Services are being used in a fraudulent or unauthorised manner;
  • we suspect money laundering, terrorist financing, fraud, or any other financial crime;
  • use of your Pacific Capital Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your Pacific Capital Account activity; and / or
  • you take any action that may circumvent our controls such as opening multiple Pacific Capital Accounts or abusing promotions which we may offer from time to time.

We may also refuse to complete or block, cancel or reverse a transaction you have authorised where there is insufficient Digital Currency in your Digital Currency Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction.

7.2 If we refuse to complete a transaction and / or suspend, restrict or close your Pacific Capital Account, and / or terminate your use of Pacific Capital Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure of your Pacific Capital Account. In the event that we refuse to complete a transaction and / or suspend your Pacific Capital Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and/or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.

We may suspend, restrict, or terminate your access to any or all of the Pacific Capital Services and/or deactivate or cancel your Pacific Capital Account, without reason by giving you two weeks notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Pacific Capital Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that Pacific Capital is under no obligation to disclose the details of its risk management and security procedures to you.

7.3 Consequences of Termination or Suspension

On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which Pacific Capital is subject in any jurisdiction, you are permitted to access your Pacific Capital Account:

  • for ninety (90) days thereafter for the purposes of transferring Digital Currency out of your Pacific Capital account and/or out of the Pacific Capital Platform; and/or
  • at any point in the six-year period commencing with the date of the termination of this Agreement for the purposes of transferring E-Money out of your E-Money Wallet and/or out of the Pacific Capital Platform.

You are not permitted to use the Pacific Capital Services or your Pacific Capital Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the Pacific Capital Platform or access to the Site for you accordingly.

If we suspend or close your Pacific Capital Account or terminate your use of Pacific Capital Services for any reason, we reserve the right to require you to re-complete the procedures outlined at Section 3.3 (Identity Verification) before permitting you to transfer or withdraw Digital Currency or E-Money. You may cancel your Pacific Capital Account at any time by withdrawing all balances in your Digital Currency Wallet(s) and contacting us with a request for account cancellation. You will not be charged for cancelling your Pacific Capital Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation.

8. LIABILITY

8.1 Release of Pacific Capital

If you have a dispute with one or more users of the Pacific Capital Services (other than Pacific Capital), you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.

8.2 Indemnification

You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

8.3 Limitations of Liability

Pacific Capital's total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by Pacific Capital of this Agreement shall be limited to a maximum aggregate value of the combined value of the Digital Currency and E-Money on deposit in your Pacific Capital account at the time of the relevant breach by Pacific Capital. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.

8.4 Limitation of loss

In addition to the liability cap at Section 8.3 (Limitations of Liability) above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:

  • any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a Digital Currency Transaction properly, your damages are limited to no more than the combined value of the supported Digital Currency at issue in the transaction, and that you may not recover for any "loss" of anticipated trading profits or for any actual trading losses made as a result of the failure to activate a contract;
  • any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same;
  • any loss of use of hardware, software or data and/or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and/or any interruption in any such data; and
  • any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

8.5 Applicable law

The limitation of liability in this Section 8 (Liability) is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Pacific Capital Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors' negligence.

8.6 No Warranties

The Pacific Capital Services, the Pacific Capital Platform and the Site are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the Pacific Capital Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the Pacific Capital Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.

We make no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the Site. Any materials, information, view, opinion, projection or estimate presented via the Site is made available by Pacific Capital for informational purposes only, and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness and reliability of the materials, information, view opinion, projection or estimate provided on the Site and/or the Site. Accordingly, no warranty whatsoever is given by Pacific Capital and no liability whatsoever is accepted by Pacific Capital for any loss arising whether directly or indirectly as a result of you acting on any materials, information, view, opinion, projection or estimate provided in or made available through the Site and/or the Site.

The Pacific Capital Services, Pacific Capital Platform and Site are not intended to provide specific legal advice or to make any recommendations about the suitability of any investments or products for any particular investor. You should seek your own independent financial, legal, regulatory, tax or other advice before making an investment. In the event that you choose not to seek advice from a relevant adviser, you should consider whether the investment or product is suitable for you.

We will make reasonable efforts to ensure that Digital Currency Transactions, requests for debits and credits involving Digital Currency Wallets are processed in a timely manner but Pacific Capital makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.

Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Pacific Capital Services and Site.

8.7 No Liability for Breach

We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.

9. SITE AVAILABILITY AND ACCURACY

9.1 Access & Availability

Access to Pacific Capital Services may become degraded or unavailable during times of significant volatility or volume. This could result in limitations on access to your Pacific Capital Account or the Pacific Capital Services, including the inability to initiate or complete transactions and may also lead to support response time delays.

(A) although we strive to provide you with excellent service, we do not guarantee that the Site or other Pacific Capital Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open or that your Pacific Capital Account will be accessible; and

(B) please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues.

Under no circumstances shall Pacific Capital be liable for any alleged damages arising from service interruptions, delays in processing transactions, or lack of timely response from Pacific Capital customer support.

9.2 Website Accuracy

Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content (as defined below)) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.

In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.

Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third party materials accessible or linked to from the Site.

10. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION

10.1 Contact Pacific Capital

If you have any feedback, questions, or complaints, contact us via our 'Customer Support' webpage at https://pacificcapital.ltd/contact.

When you contact us please provide us with your name, email address, and any other information that we may need to identify you, your Pacific Capital Account, and the transaction on which you have feedback, questions, or complaints.

10.2 Complaints

If you have a dispute with Pacific Capital, you agree to contact our support team in the first instance to attempt to resolve such dispute. If we cannot resolve the dispute through our support team, you and we agree to use the complaints process set out in this Section 10.2. You agree to use this process before commencing any action as set out in Section 10.4. If you do not follow the procedures set out in this Section 10.2 before pursuing action under Section 10.4, we shall have the right to ask the relevant court/authority to dismiss your action/application unless and until you complete the following steps:

In the event of a complaint which has not been resolved through your contact with Pacific Capital Support, please use our complaint form to set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. The complaint form can be found on the Pacific Capital support pages, https://pacificcapital.ltd/contact or can be requested from Pacific Capital Customer Support. We will acknowledge receipt of your complaint form after you submit it. A customer complaints officer (an "Officer") will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided, and any information provided by Pacific Capital.

Within 15 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an email ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In certain circumstances, if the Officer is unable to respond to your complaint within 15 business days, the Officer will (unless prohibited by applicable law) send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint).

Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.

10.3 If we have not been able to resolve your complaint via the complaint process set out in Section 10.2 above, you may escalate your complaint via the dispute processes set out in Sections 10.4(A) to 10.4(B) below as applicable to you.

10.4 Both you and we agree that we shall not commence any of the dispute processes set out at Sections 10.4(A) to 10.4(B) below in relation to the whole or part of your complaint until the complaint process set out in Section 10.2 has been completed, although nothing in Section 10.2 or in this Section 10.4 shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction:

(A) E-Money Services. If your complaint relates to any E-Money Services, you may be entitled to take that complaint to the FOS.

(B) For complaints or disputes arising out of or in connection with this Agreement or the provision of Pacific Capital Services, the Pacific Capital Platform or the Site, that cannot be resolved via the complaint process set out in Section 10.2 above, you submit to the non-exclusive jurisdiction of the courts of England and Wales without prejudice to any mandatory rights available to consumers (being individuals not engaged in conduct related to their trade, business or profession, "Consumers") to commence proceedings against Pacific Capital before the courts of the jurisdiction in which they are domiciled.

11. DATA PROTECTION

11.1 Personal Data

You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future provide) to us in relation to your employees and other associates, or other individuals (if you are not an individual), in connection with this Agreement, or the Pacific Capital Services. We will process this personal data in accordance with the Privacy Policy, which shall form part of this Agreement. Accordingly, you represent and warrant that:

  • your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
  • before providing any such personal data to us, you acknowledge that you have read and understood our Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided the individual with a copy of, or directed the individual towards a webpage containing that Privacy Policy (as amended from time to time); and
  • if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided to us.

12. SECURITY

12.1 Password Security

In order to access Pacific Capital Services, you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access Pacific Capital Services safe and maintaining adequate security and control of any and all security details that you use to access the Pacific Capital Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic devices and ensuring that such electronic devices are encrypted and password protected.

Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Pacific Capital Account by third-parties and the loss or theft of any E-Money, Digital Currency and/or funds held in your Pacific Capital Account. You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.

You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your Pacific Capital Account. Pacific Capital will never under any circumstances ask you for your IDs, passwords, or 2-factor authentication codes or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your account unless specifically authorised in accordance with Sections 3.2 and/or 4.10. Always log into your Pacific Capital Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Pacific Capital and/or failure to follow the requirements set out in this Section 12.1, or follow or act on any notices or alerts that we may send to you.

12.2 Authentication and Verification

In order to access Pacific Capital Services users are required to provide an email address and create a password. Pacific Capital offers two-factor authentication via a user's email. A verified email is required to enable two-factor authentication. Users are responsible for keeping electronic devices through which Pacific Capital Services are accessed safe and maintaining adequate security and control of any and all security details that are used to access the Pacific Capital Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user's Pacific Capital Account by third-parties and the loss or theft of any E-Money, Digital Currency and/or funds held in your Pacific Capital Account.

12.3 Security Breach

If you suspect that your Pacific Capital Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or Pacific Capital (together a "Security Breach"), you must:

  • notify Pacific Capital Support as soon as possible by email free of charge;
  • continue to provide accurate and up to date information throughout the duration of the Security Breach; and
  • you must take any steps that we reasonably require to reduce, manage or report any Security Breach.

Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

12.4 Safety and Security of Your Computer and Devices

Pacific Capital is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.

13. GENERAL

13.1 Your Compliance with Applicable Law

You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the Pacific Capital Services, the Pacific Capital Platform and the Site.

13.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of Pacific Capital and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

"https://pacificcapital.ltd/", "Pacific Capital", and all logos related to the Pacific Capital Services or displayed on the Site are trademarks or registered marks of Pacific Capital or its licensors. You may not copy, imitate or use them without our prior written consent.

13.3 Prohibited and Conditional Use

In connection with your use of the Pacific Capital Services, and your interactions with other users and third parties, you agree to comply with the 'Policy on Prohibited Use, Prohibited Businesses and Conditional Use'. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any licence or right for the E-Money or Digital Currency to be used for illegal, unlawful, fraudulent, unethical, or unauthorised purposes or to promote or facilitate any illegal, unlawful, fraudulent, unethical or unauthorised activities. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.

13.4 Export Controls & Sanctions

Your use of the Pacific Capital Services and the Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Currency through the Site or Pacific Capital Services, you agree that you will comply with those requirements.

13.5 Amendments

We will notify you of any change to the Agreement relating to Pacific Capital Services by email at least two months in advance. In such circumstances, you will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the Pacific Capital Services. If you do not accept the change you should let us know, and the Agreement will terminate at the end of the two-month notice. You may also end the Agreement immediately and free of charge with effect at any time before the expiry of the two-month notice.

We may make all other amendments to the Agreement (including in relation to any other Pacific Capital Services) by posting the revised Agreement on the Site or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your Pacific Capital Account and cease using the Pacific Capital Services. You agree that any notification of amendments in the manner as aforesaid shall be sufficient notice to you, and your continued access and/or use of Pacific Capital Services and/or the Site shall constitute an affirmative acknowledgement by you of the amendments and shall be deemed to be your acceptance of the revised Agreement.

Copies of the most up-to-date version of the Agreement will be made available in the Site at all times.

13.6 Relationship of the Parties

Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or Pacific Capital to be treated as partners or joint venturers, or either you or Pacific Capital to be treated as the agent of the other.

13.7 Privacy of Others

If you receive information about another user through the Pacific Capital Services, you must keep the information confidential and only use it in connection with the Pacific Capital Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited communications to another user through the Pacific Capital Services.

13.8 Contact Information

You are responsible for keeping your contact details (including your email address and telephone number) up to date in your Pacific Capital Account profile in order to receive any notices or alerts that we may send to you (including notices or alerts of actual or suspected Security Breaches).

13.9 Taxes

It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Pacific Capital Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. Your transaction history is available through your Pacific Capital Account.