Gate - Appendix A

PREAMBLE

Gate Technology Ltd is a private limited liability company, registered and incorporated under the laws of Malta, with company registration number C 89337, having its registered address situated at The Core, Triq il-Wied Ta’ L-Imsida, Msida, MSD 9021, Malta (hereinafter referred to as “Gate”).

Gate is duly licensed by the Malta Financial Services Authority (hereinafter referred to as the “MFSA”) as a Class 3 Crypto-Asset Service Provider, under Authorisation Number GTEC-25238, to provide the Services (as defined in the Agreement).

Appendix A forms an integral part of, and must be read in conjunction with the Gate User Agreement (hereinafter referred to as the “Agreement”). Appendix A shall only apply to Users who use any of the Services stipulated in Appendix A (hereinafter collectively referred to as the “Additional Services”, and each as an “Additional Service”). For the avoidance of doubt, Users who do not utilise at least one (1) Additional Service are not bound by Appendix A, and shall not be obligated to agree to Appendix A. The provisions of Appendix A shall have no effect unless and until a User opts to utilise at least one (1) Additional Service. 

All capitalised terms used in Appendix A that are not expressly defined herein shall have the same meaning ascribed to them in the Agreement. In the event of any inconsistency between a definition in Appendix A, and the corresponding definition in the Agreement, the definition in Appendix A shall prevail solely for the purposes of interpreting the provisions of Appendix A. 

By signing up and utilising one (1) or more Additional Service provided by Gate, the User warrants, confirms, and agrees that they have read, understood, and accepted all the terms and conditions contained in Appendix A.

1. INTRODUCTION TO GATE CONNECT 

1.1 Gate may offer to Users an on-ramp and off-ramp service to enable eligible Users (as applicable) to: (i) purchase crypto-assets using funds via supported payment methods; (ii) sell crypto-assets and receive funds via supported payout methods; and (iii) top up and/or transfer funds where enabled by Gate for the purpose of facilitating transactions, in each case, as made available by Gate from time to time (hereinafter referred to as “Gate Connect”).

1.2 Gate Connect, including all associated features and services, is one of the Additional Services offered and provided by Gate under Appendix A, and forms an integral part of the Agreement. The terms and conditions set out in this Appendix A apply in conjunction with the Agreement and govern the User’s access to and use of Gate Connect. For the avoidance of doubt, Gate Connect is governed by (i) the Agreement (i.e. including Appendix A); (ii) the applicable policies and disclosures referenced in the Agreement; and (iii) any applicable third-party terms which the User may be required to accept in order to use Gate Connect.

1.3 Gate Connect may be enabled through one or more third-party payment processors, acquirers, credit institutions, banking partners, vendors, and/or other service providers (hereinafter each referred to as a “Payment Provider”) and may also be enabled through one or more licensed third-party crypto on/off-ramp providers (hereinafter each referred to as a “Third-Party Provider”). The User acknowledges that Gate does not guarantee that any Gate Connect Transaction (i.e. as defined below) will be successful, uninterrupted, or processed within a specific timeframe. Notwithstanding the foregoing, the User further acknowledges and agrees that:

(i) the availability of specific channels, currencies, and Payment Providers / Third-Party Providers may vary by jurisdiction, user profile, and other factors determined by Gate in accordance with applicable laws and Gate’s internal controls;

(ii) Gate may route or re-route Gate Connect Transactions through different Payment Providers and/or Third-Party Providers (including fallback/acquiring channels) where available, subject to applicable laws and Gate’s internal controls; and

(iii) utilising Gate Connect may require the acceptance of a Payment Provider’s and/or Third-Party Provider’s terms, and the User shall be required to agree to and be bound by such terms as a condition to using that channel.

1.4 Where Gate has integrated with a Third-Party Provider for Gate Connect, the User acknowledges that certain components of the fiat on-ramp / off-ramp may be performed by such Third-Party Provider in accordance with its own terms, licensing status, and compliance obligations. Gate may (as applicable) facilitate the transfer of crypto-assets on behalf of the User and/or enable the User to conclude transactions with such Third-Party Provider, in accordance with the Agreement and Gate’s supported service configuration.

1.5 The User acknowledges and agrees that Gate Connect is a multi-channel product, including risks associated with card payments, mobile wallets, SEPA transfers, fiat-crypto-fiat flows, and the use of Third-Party Providers. Gate reserves the right, in accordance with applicable laws and Gate’s internal controls, to apply, inter alia, enhanced controls, restrictions, verification requests, transaction limits, restrictive measures, monitoring rules, and/or specific conditions as it deems necessary to comply with applicable laws and to protect Gate, the User, and the Services described herein.

Gate Connect – Exchange Transactions (Gate as Principal)

1.6 Where Gate Connect Transactions involve the exchange of crypto-assets for funds (and/or where applicable, the exchange of crypto-assets for other crypto-assets), Gate may execute such transactions as principal, meaning Gate may act as the User’s counterparty for the relevant exchange. In such cases, Gate is not acting as the User’s agent or broker and does not execute or transmit the User’s order on the User’s behalf. For these transactions, Gate will provide the User with a price quote (i.e. or a method for determining the price), together with any applicable fees and/or spreads, prior to execution (where applicable). The User may accept or decline the quote (or disclosed pricing method outcome) before the exchange is confirmed. The User understands that Gate may source liquidity from one or more third parties for hedging, liquidity management, and settlement purposes; however, this does not change that, where Gate acts as principal, the transaction is concluded between Gate and the User. 

Gate Connect – Third-Party Providers

1.7 Gate Connect may also enable integrations with Third-Party Providers that are duly licensed for on-ramp and off-ramp functionality. Where the User utilises a Third-Party Provider through Gate Connect: 
 

(i) The User may be required to accept and be bound by the applicable Third-Party Provider’s terms and conditions, as a condition to using that channel;

(ii) The relevant Third-Party Provider may perform certain components of the fiat processing and/or conversion flow under the Third-Party Provider’s terms and conditions; and

(iii) Gate may, as applicable, provide associated services to the User such as transfer services for the crypto-assets on behalf of the User and/or facilitating the movement of crypto-assets to and from the User’s Gate Account, subject to the Agreement and applicable laws.

(iv) where a Third-Party Provider is selected, the quote/pricing, order finality and execution of the relevant purchase/sale are determined by that Third-Party Provider under its own flow and terms, and Gate does not provide any best execution or best rate undertaking in respect of the Third-Party Provider’s execution.

Gate Connect – Credit Cards, Apple Pay, Google Pay

1.8 The User acknowledges that Clause 40.3.8 of the Agreement (i.e. prohibition vis-à-vis credit cards) shall not apply to Gate Connect Transactions to the extent credit cards are enabled as a funding method for Gate Connect. Gate Connect may permit eligible Users to purchase crypto-assets using credit and/or debit cards and, where enabled by Gate from time to time, Apple Pay and/or Google Pay (hereinafter each referred to as a “Card/Wallet Funding Channel”). Gate may impose channel-specific conditions at any time, including (without limitation): 

(i) requiring strong User authentication and/or additional verification;

(ii) restricting certain card types, issuers, jurisdictions, currencies, or transaction patterns;

(iii) limiting the number and/or value of Card/Wallet Funding Channel transactions within a respective timeframe; and/or

(iv) applying fraud, chargeback, and/or dispute mitigation controls.

For the avoidance of doubt, Gate Connect does not permit transfers funded by transfer methods or accounts that are not owned and/or controlled by the User (i.e., no third-party funding). The User must not initiate Gate Connect Transactions using transfer methods or funding sources that are not owned and/or controlled by the User, and where required by Gate, and/or the relevant Payment Provider and/or Third-Party Provider, which correspond to the verified identity of the User.

Gate Connect – SEPA, Bank Transfers, Deposit Top-Ups

1.9 Gate Connect may permit eligible Users to fund purchases and/or receive proceeds through Single Euro Payments Area (SEPA) and/or bank transfer channels, including the ability to top up and/or transfer funds for the purpose of executing Gate Connect Transactions. Gate is not a credit institution and does not provide deposit-taking services; any fiat balance (if offered) is not a bank deposit with Gate and may be subject to certain operational limits, holding periods, verification requirements, and/or restrictions as may be determined by Gate from time to time. 

2. TRANSACTIONS & REFUNDS 

2.1 Gate Connect Transactions may be funded and/or settled through one or more Payment Providers and/or Third-Party Providers, including (as applicable):

(i) Credit and/or debit cards, and, where enabled, Apple Pay and/or Google Pay; and 

(ii) SEPA and/or bank transfer channels, in each case as may be made available by Gate from time to time. 

Gate reserves the right to add, remove, restrict, suspend, or modify any funding method, channel, or Payment Provider / Third-Party Provider at any time, subject to applicable laws and where required, upon reasonable notice to the User.

2.2 Unless expressly enabled by Gate in writing and/or through the Sites from time to time, Gate Connect does not constitute and shall not be construed as, the provision to the User of any fiat account, payment account, e-money account, deposit account, or equivalent service. The User acknowledges that Gate is not a credit institution and does not provide deposit-taking services.

2.3 Any fiat funds paid by the User in connection with Gate Connect are paid solely as consideration for the purchase of crypto-assets and/or for the execution of the relevant Gate Connect Transaction. Upon successful receipt and/or settlement of such fiat funds via the relevant payment rail, such funds shall be treated as proprietary funds of Gate (and not as fiat funds held on behalf of the User). Gate shall arrange for the corresponding crypto-assets to be credited to the User in accordance with Appendix A and the Agreement.

2.4 The User acknowledges and agrees that Gate may, for operational, treasury, settlement, and/or resiliency purposes, receive fiat funds (or instruct a Payment Provider to settle fiat funds) into accounts held by Gate and/or Payment Providers. The User acknowledges that any such accounts are not designated client accounts for the User, and the User shall have no beneficial interest in such accounts by virtue of making a Gate Connect transfer.

2.5 Gate Connect does not permit payments funded by transfer methods or accounts that are not owned and/or controlled by the User (i.e., no third-party funding). The User must not initiate Gate Connect Transactions using transfer methods or funding sources that are not owned and/or controlled by the User. Gate and/or the relevant Payment Provider and/or Third-Party Provider may require that the transfer methods/funding source corresponds to the verified identity of the User and may decline, restrict, suspend, reverse, or cancel transactions where such requirement is not satisfied, or where Gate reasonably determines that there is a fraud, compliance, and/or financial crime risk.

2.6 Where the User funds a Gate Connect Transaction via SEPA and/or bank transfer, the User shall ensure that all beneficiary details and any required payment reference are accurate and complete. Gate shall not be liable for delays, failures, rejections, misallocations, or returns resulting from incorrect/incomplete details provided by the User and/or actions taken by Payment Providers, intermediary banks, or the User’s bank.

2.7 Where any fiat transfer is made in connection with Gate Connect is not finally received, rejected, returned, recalled, reversed, disputed, or charged back (including due to chargebacks, card disputes, SEPA recalls, insufficient funds, compliance blocks, suspected fraud, or processing errors), Gate may (to the maximum extent permitted by applicable law):

(i) cancel or reverse the relevant Gate Connect Transaction (in whole or in part);

(ii) delay, withhold, or suspend delivery/crediting of crypto-assets (or proceeds) pending resolution;

(iii) debit, set-off, or recover the corresponding value (including any applicable fees, spreads, costs, and losses) from any balances held by the User with Gate; and/or

(iv) restrict, suspend, or terminate the User’s access to Gate Connect and/or the Services.

2.8 Where a refund is due (including due to a failed Gate Connect Transaction, an overpayment, or a cancellation permitted by Gate), Gate may process such refund via the original transfer method and/or to the originating bank account, subject to applicable law, Payment Provider rules, fraud/compliance controls, and operational constraints. Gate shall not process refunds to third-party accounts or third-party transfer methods.

2.9 Gate may charge fees, spreads, and/or other charges in connection with Gate Connect Transactions, as disclosed through the Sites, within the User’s Account, and/or otherwise communicated to the User prior to execution (where applicable). The User authorises Gate to deduct applicable fees, spreads, or charges from the relevant transaction amount and/or from balances held by the User with Gate, subject to applicable laws.

2.10 Gate may delay, block, suspend, cancel, or refuse any Gate Connect Transaction, or refund where required to comply with applicable laws or where Gate reasonably determines that doing so is necessary for fraud prevention, AML/CFT compliance, sanctions compliance, operational risk management, or to protect Gate, the User, or the integrity of the Services.

3. GATE CONNECT TRANSACTIONS 

3.1 For the purpose of this Appendix A, Gate Connect transactions shall mean any transaction initiated by the User through Gate Connect to:

(i) Purchase crypto-assets using supported funding methods;

(ii) Sell crypto-assets and receive funds via supported payout methods; and/or

(iii) where enabled by Gate, top up and/or transfer funds for the purpose of facilitating transactions via Gate Connect (hereinafter referred to as “Gate Connect Transactions”).

3.2 Gate Connect Transactions are subject to the User meeting Gate’s eligibility requirements (including onboarding status, verification level, jurisdictional availability, and internal risk assessment). Gate may apply minimum/maximum transaction amounts, rolling limits, velocity limits, asset availability restrictions, channel restrictions, holding periods, and/or any other conditions or limits to any Gate Connect Transaction, funding method, payout method, Payment Provider, or Third-Party Provider, at any time, subject to applicable laws and Gate’s internal controls.

3.3 The User may initiate a Gate Connect Transaction by selecting the relevant crypto-asset, amount, funding method, and other parameters made available through the Sites. Where applicable, the User authorises Gate to:

(i) submit payment instructions to the relevant Payment Provider and/or Third-Party Provider;

(ii) debit the User’s selected funding method; and

(iii) apply any required authentication/verification steps (including strong customer authentication/3DS for cards). A Gate Connect Transaction may be declined, delayed, or interrupted due to Payment Provider/Third-Party Provider rules, intermediary bank processing, compliance checks, and/or system availability.

3.4 Gate Connect Transactions may be priced based on the market price of the relevant crypto-asset and may include spreads, fees, and/or other charges, as disclosed through the Sites and/or prior to execution (where applicable). The User acknowledges and agrees that: 


(i) any market price, reference rate or indicative pricing information displayed prior to a transaction quote being generated is for information only and may change due to market movements, liquidity conditions, and execution parameters;

(ii) Gate may impose different pricing, spreads, and fees depending on the funding method, payout method, Payment Provider/Third-Party Provider, asset, jurisdiction, risk profile, and other factors; and

(iii) Gate does not guarantee that a quoted price will remain available until completion of funding processing and execution.

(iv) Where Gate executes a Gate Connect Transaction as principal, Gate may present the User with a price quote or disclosed pricing method for the relevant transaction. Where a quote is time-limited, it must be accepted within the validity period shown (if any); otherwise, a new quote may be required. The User is not obliged to accept such quote and may elect not to proceed with the transaction and seek execution via other providers or venues. The User acknowledges and agrees that, in such cases, Gate does not undertake to obtain the best possible result, does not provide any best execution or best rate guarantee, and that the quoted price may be derived from one or more liquidity sources (which may include a single liquidity provider) and may include spreads or mark-ups reflecting liquidity conditions, volatility, funding method costs, risk management, and operational considerations, as disclosed prior to confirmation.

3.5 Where Gate executes a Gate Connect Transaction as principal (i.e. exchange-as-principal), Gate may be the User’s counterparty for the relevant exchange. Subject to successful receipt/settlement of the User’s transaction and completion of any required checks, Gate shall arrange for the corresponding crypto-assets (or proceeds, as applicable) to be credited to the User’s Account in accordance with this Appendix A and the Agreement. The User acknowledges that the timing of crediting may vary depending on the relevant funding/payout rail, asset, Payment Provider/Third-Party Provider, internal controls, and operational requirements.

3.6 Where the User initiates a sale of crypto-assets via Gate Connect (where enabled), the User authorises Gate to:

(i) debit the relevant crypto-assets from the User’s Account;

(ii) execute the sale in accordance with the applicable pricing/execution parameters; and

(iii) pay out the proceeds via the selected payout method, subject to Payment Provider/Third-Party Provider rules, compliance checks, and any applicable limits.

The User acknowledges that payout availability, timing, and final receipt of funds may depend on third-party processing and banking rails and are not guaranteed within any specific timeframe.

3.7 A Gate Connect Transaction shall be considered submitted when the User confirms the transaction through the Sites. A Gate Connect Transaction shall be considered executed only when Gate confirms execution through the Sites and/or credits the relevant crypto-assets (or proceeds) to the User’s Account, as applicable. The User acknowledges that:

(i) funding and/or transfer authorisation does not necessarily mean final receipt/settlement; and 


(ii) Gate may treat a Gate Connect Transaction as not final where the underlying transaction is later reversed, rejected, recalled, disputed, or charged back, or where Gate determines that the transaction must be cancelled or unwound to comply with applicable laws or internal controls.

For exchange-as-principal transactions, an order is considered final when the User accepts the quote (or the disclosed pricing method outcome) and confirms the transaction through the Sites. For SEPA and/or bank transfer channels, processing times may vary and Gate may only be able to generate and execute an exchange-as-principal transaction after receipt of funds and completion of applicable risk/compliance checks. For Third-Party Provider channels, pricing, order finality and execution are determined by the Third-Party Provider’s flow and terms.

3.8 Without prejudice to any other rights under the Agreement, Gate may cancel, reverse, refuse, suspend, delay, or unwind a Gate Connect Transaction (in whole or in part) where: 


(i) the User’s transaction is not finally received, is rejected, returned, recalled, reversed, disputed, or charged back;

(ii) required verification/authentication is not successfully completed;

(iii) Gate reasonably determines that the transaction presents fraud, compliance, financial crime, sanctions, or operational risk;

(iv) the User has breached this Appendix A and/or the Agreement;

(v) the transaction cannot be completed due to Payment Provider/Third-Party Provider limitations, liquidity constraints, market disruption, technical error, or other circumstances outside of Gate’s reasonable control; and/or

(vi) Gate is required or reasonably considers it necessary to do so to comply with applicable laws and Gate’s internal controls. 


Where Gate cancels/reverses/unwinds a Gate Connect Transaction, Gate may debit, set-off, or recover the corresponding value (including any applicable fees, spreads, costs, and losses) from any balances held by the User with Gate, in accordance with Clause 2.7 and the Agreement.

3.9 The User shall ensure that any transaction details provided in connection with Gate Connect (including bank transfer details, references, and any information required by a Payment Provider/Third-Party Provider) are accurate and complete. Gate shall not be liable for delays, failures, misallocations, or returns caused by incorrect or incomplete information provided by the User. Where funds are received without sufficient information to allocate them to the User or the relevant Gate Connect Transaction (including where a required reference is missing or incorrect), Gate may delay processing, request additional information, and/or return the funds (subject to applicable law and Payment Provider rules).

3.10 The User acknowledges that crypto-asset prices may be volatile and may change rapidly. Gate does not guarantee the value, price, liquidity, or availability of any crypto-asset. The User bears the risk of market movements (including adverse price changes) between the time a Gate Connect Transaction is initiated and the time it is executed/credited (and, where applicable, between sale execution and payout completion), including where such timing is impacted by payment rail processing, compliance checks, or operational constraints.

3.11 Gate Connect is provided on an execution-only basis. Gate does not provide investment advice, tax advice, legal advice, or any recommendation in relation to any Gate Connect Transaction or any crypto-asset. Any information displayed through the Sites is for informational purposes only and is not intended as advice or a recommendation.

4. USER OBLIGATIONS 

4.1 The User shall ensure that all information, instructions, and details provided in connection with Gate Connect (including funding details, bank references, and any information requested by Gate, a Payment Provider, and/or a Third-Party Provider) are accurate, complete, and kept up to date. Gate may refuse, delay, suspend, or cancel Gate Connect Transactions where information is missing, inaccurate, inconsistent, or cannot be verified.

4.2 Gate Connect does not permit third-party payments. The User shall only use transfer and funding sources that are owned and/or controlled by the User and, where required, correspond to the verified identity of the User. The User shall not use Gate Connect to process transactions on behalf of third parties, act as an intermediary, or facilitate any third-party funding or payout arrangements.

4.3 The User shall comply with all security requirements applicable to Gate Connect, including completing any required authentication and verification steps (including strong customer authentication/3DS, where applicable). The User is responsible for maintaining the security of their Account and any devices, credentials, transactions, and authentication methods used to access or use Gate Connect. The User shall promptly notify Gate of any unauthorised access, suspected compromise, or suspicious activity.

4.4 The User shall not initiate or attempt to initiate chargebacks, disputes, reversals, recalls, or similar actions in bad faith or in a manner intended to avoid funding for the crypto-assets received. The User acknowledges that chargebacks, disputes, and reversals may result in Gate reversing/unwinding the relevant Gate Connect Transaction and/or debiting, setting-off, or recovering the corresponding value (including fees and costs) from any balances held by the User with Gate, in accordance with Clause 2.7, Clause 3.8, and the Agreement.

4.5 The User shall not use Gate Connect (or attempt to use Gate Connect) in any manner that:

(i) breaches applicable laws;

(ii) breaches the Agreement and/or this Appendix A;

(iii) involves fraud, deception, circumvention of controls, or misuse of payment rails; or

(iv) involves any activity that Gate reasonably considers suspicious, abusive, or likely to expose Gate to legal, regulatory, financial crime, or operational risk.

Gate may apply restrictions, suspend access, block transactions, and/or take other measures permitted under the Agreement where such use is identified or reasonably suspected.

4.6 Without prejudice to any rights under the Agreement, Gate may restrict, suspend, or terminate the User’s access to Gate Connect and/or impose additional conditions (including limits, holding periods, enhanced verification, and channel restrictions) where Gate reasonably determines that this is necessary for compliance, fraud prevention, financial crime risk management, operational resilience, or to protect Gate, the User, and/or the integrity of the Services.

4.7 In order to be eligible for Gate Connect, the User represents, warrants, and undertakes that:

(i) They are at least eighteen (18) years of age;

(ii) A resident of one (1) or more of the jurisdictions designated by Gate, in accordance with the Agreement;

(iii) They have provided Gate with true, complete, accurate, and non-misleading personal information as stipulated in the Agreement; and

(iv) They have read, understood, and agreed to be bound by the Agreement in its entirety.

5. RESTRICTION, SUSPENSION, AND TERMINATION 

5.1 Gate may, at its sole and absolute discretion, suspend, or terminate any Gate Connect Transaction and/or restrict or revoke the User’s access to Gate Connect and/or any related Service, with immediate effect, where:

(i) Gate is required to do so under applicable law, regulation, court order, or by instruction of any competent authority;

(ii) Gate reasonably suspects that the User is in breach of the Agreement;

(iii) Gate Connect is being used, or suspected of being used, for illegal, unauthorised, fraudulent, or illicit activities, including but not limited to money laundering, and/or terrorism financing;

(iv) there are security concerns in relation to Gate Connect, and/or any associated credentials of the User;

(v) Gate determines that such restriction, suspension, or termination is necessary to protect, inter alia, its interests, systems, security, regulatory compliance, or reputation; and/or

(vi) the User has had another account, product, or service offered by Gate which was restricted, suspended, or terminated, for any reason whatsoever, subject to applicable law.

5.2 Where legally permissible, Gate may notify the User of such actions and, where applicable, provide the User with an opportunity to rectify the underlying issue. Access may be reinstated at Gate’s sole discretion once the grounds for restriction or termination have ceased.

6. LIMITATION OF LIABILITY 

6.1 In conjunction with Clause 22 of the Agreement, Gate shall not be liable for any damage, loss, cost, or similar incurred by the User arising from or in connection with:

(i) any act or omission of any Payment Provider and/or Third-Party Provider, including (without limitation) declines, delays, holds, recalls, reversals, disputes, chargebacks, processing errors, or interruptions relating to any payment rail, banking channel, card scheme, wallet provider, issuer, acquirer, intermediary bank, or other third party involved in the processing of a Gate Connect Transaction;

(ii) any delay, failure, interruption, or unavailability of Gate Connect (or any feature thereof) arising from maintenance, system upgrades, technical faults, network or telecommunications failures, cyber incidents, or any circumstance outside Gate’s reasonable control;

(iii) any loss arising from market risk, price volatility, spreads, liquidity constraints, execution parameters, slippage, or price movements in respect of any crypto-asset, including any adverse price change between the time a Gate Connect Transaction is initiated and the time it is executed and/or credited;

(iv) any Gate action taken in accordance with the Agreement and/or this Appendix A, including any refusal, suspension, restriction, delay, cancellation, reversal, unwinding, set-off, debit, withholding, compliance hold, or termination, where Gate is required or reasonably considers it necessary to do so for compliance, fraud prevention, financial crime risk management, operational resilience, or to protect Gate, the User, and/or the integrity of the Services;

(v) any error, omission, or inaccuracy in funding instructions, beneficiary details, transaction references, payout details, or other information provided by the User, or any failure by the User to comply with the requirements of any Payment Provider and/or Third-Party Provider; and/or

(vi) any unauthorised access to, or use of, the User’s Account, credentials, funding methods, or authentication methods, except to the extent directly caused by Gate’s wilful default or fraud.

6.2 Nothing in this Appendix A shall exclude or limit any liability or right which cannot be excluded or limited under applicable law.

6.3 To the maximum extent permitted by the applicable law, Gate’s total aggregate liability to the User under or in connection with the Gate Connect shall be limited in accordance with Clause 22.17 of the Agreement.

6.4 In accordance with Clause 22 of the Agreement, Gate shall not be liable for any direct, indirect, incidental, punitive, special, moral, or consequential damages, including but not limited to loss of profit, data, goodwill, or business opportunity, howsoever arising and whether in contract, tort, or otherwise in connection with Gate Connect.

7. AMENDMENTS 

7.1 Gate reserves the right to amend, modify, or update the terms of this Appendix A at any time, in its sole and absolute discretion. Gate may, from time to time, update Appendix A to include Additional Services.

7.2 Any such amendment shall be notified to the User, which shall be delivered via the e-mail address associated with the User’s Account or through the Sites. Continued use of Gate Connect or any Additional Service following such notice shall constitute the User’s acceptance of the revised terms.

8. SUPREMACY 

8.1 Save where expressly stated otherwise in the Agreement, in the event of any inconsistency or conflict between the provisions of this Appendix A and the Agreement (i.e. the User Agreement), Appendix A shall prevail solely in respect of the services provided by Gate in connection with Gate Connect.

9. GATE SUPPORT 

9.1 If the User has any questions, requires assistance, or wishes to report anything in relation to Gate Connect, the User shall promptly contact Gate’s support team via: support_eu@gate.com. Gate shall not be held responsible for any delay, failure, or miscommunication resulting from the use of unofficial or unverified contact channels by the User.

VERSION HISTIORY

Version 1.1 

Creation of Appendix A of the Gate

User Agreement