Partner TERMS AND CONDITIONS
Last updated: [07/07/2021]
These Terms and Conditions (the Terms) are located here and may be modified or amended by the Company at any time and from time to time at the Company’s Sole Discretion. Any modification or amendments to these Terms will be effective Fifteen (15) Days after posting at the above-indicated URL. The Company will provide YOU with not less than thirty (30) days notice of the effective date of any such mofidications or amendments that would change the Terms of YOUR Use of the Services from the time a modification or amendment is applicable.
- These Terms
- These Terms govern your use of the Services provided by the Company to you, as defined below in clause 3 (the Contract).
- The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
- Unless otherwise stated herein, references to “Crypto Space OU”, “Auto Coin Payments ”, “Company”, “we”, “us” or “our” in these Terms will refer collectively to Auto Coin Payments Limited, a company registered in Estonia. Our company registration number is 11796186 and our registered office is Harju maakond, Tallinn, Lasnamäe linnaosa, Väike-Paala tn 2, 11415
- If you have questions about these Terms or our Services, you can contact us by telephoning our customer service team at +372 712 0498.
or by other means of communication listed on the Website under the menu item “Contact Us”. You can also consult the Frequently Asked Questions of the Website.
- If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Account.
- We use the words “writing” or “written” in these terms, which includes emails.
- No partnership, joint venture, employee-employer, agency or franchiser-franchisee relationship is intended or created by these Terms. We do not endorse or recommend any particular virtual currency, digital asset or transaction. You acknowledge and agree that the decision to use our Services and all transaction decisions are made solely by you and we bear no responsibility or liability for the outcome of your decisions. Without prejudice to the generality of the foregoing you shall not (a) represent yourself as an agent of the Company for any purpose; (b) give any condition or warranty on the Company’s behalf; (c) make any representation on the Company’s behalf; (d) commit the Company to any contracts; or (e) otherwise incur any liability for or on behalf of the Company.
- In these Terms, “you” or “your” means any person or entity using the Auto Coin Payments System or our Services and the person with whom Auto Coin Payments enters into an agreement on provision of any of the Services. If you open an account on behalf of an organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the organization or entity with the authority to bind the organization or entity to these Terms and that you agree to these Terms on the entity’s or organization’s behalf.
- In these Terms, unless the context otherwise requires, the following terms have the following meanings:
|Account:||your virtual interface within the Auto Coin Payments System that is intended for your use of our Services. Your Account is accessible via our Website by using your registration email and password to login;|
|AML/CTF:||has the meaning given to it in clause 1.3;|
|AML/CTF Policy:||the document that sets out the main principles and guidelines towards the Company’s AML/CTF approach;|
|Auto Coin Payments System (also Platform):||a marketplace with relevant user interfaces available on the Website or otherwise accessible, owned, administered, supported and developed by us including our Services stipulated in these Terms, which are not intended for persons that use the Services to offer their products or services for sale in Digital Assets for business purposes;|
|Business Day:||a day other than a Saturday, Sunday or public holiday in Estonia, when banks in Tallinn are open for business;|
|Communications:||has the meaning given to it in clause 15.1;|
|Contract:||has the meaning given to it in clause 1.1;|
|Customer Due Diligence:||has the meaning given to it in clause 5.3;|
|Digital Asset:||a digital representation of value that can be digitally traded, or transferred, and can be used for payment or investment purposes (also known as cryptocurrency, virtual currency, digital currency). Digital Assets do not include digital representations of fiat currencies, securities and other corresponding financial assets;|
|Fees:||the fees we will charge you for the provision of the Services, the details of which are set out on our Website;|
|Fiat:||a currency which in accordance with valid laws is legal tender;|
|Know Your Customer or KYC Documents:||has the meaning given to it in clause 5.1;|
|Order:||has the meaning given to it in clause 3.1.1;|
|Party or Parties:||individually means you or the Company and together means you and the Company;|
|Taxes:||has the meaning given to it in clause 16.1;|
|Terms:||these Terms and all annexes thereof under which the Parties agree on the general terms and conditions of the provision of the Services. In the event of any other agreements being agreed between you and the Company with respect to the provision of the Services after these Terms are concluded, those subsequent agreements shall be considered as an integral part of these Terms;|
|Wallet Address:||an identifier of alphanumeric characters which represents the destination where the Digital Assets are delivered upon execution of the relevant Order; and|
|Website:||the website located at https://www.autocoinpayments.com/.|
- In this Contract, unless the context otherwise requires:
- a singular word includes the plural and vice versa;
- a word which suggests one gender includes the other gender;
- the contents of and the headings are for convenience only and shall not affect its meaning;
- a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
- references to a “person” are to a natural person, corporate or unincorporated body (whether or not having separate legal personality);
- references to a “document” are to that document as varied or novated at any time;
- a reference to “day” or “month” is a reference to a calendar day or month;
- any phrase prefaced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words introduced by those terms.
- Our Services
- We provide to you the services described in this clause 3 (collectively the Services):
- We act as your commercial agents and by agreeing to our Terms, you give us permission to act on your behalf and fulfil your order (the Order) to buy or sell the Digital Assets supported by us, as set out on our Website from time to time.
- In accordance with the terms of an agreed and confirmed Order, as described in further details below, (a) we buy Digital Assets on your behalf and send it to the Wallet Address that you provide to us at the time of the Order; and/or (b) we sell Digital Assets on your behalf in exchange for Fiat and send it to the bank account you provide to us at the time of the Order.
- We do not provide wallets, host wallets nor are we the custodian of funds or Digital Assets. Any and all Orders placed through us are one-off transactions and executed individually.
- We provide to you the services described in this clause 3 (collectively the Services):
- General Obligations
- Eligibility and Compliance
- You are obliged:
- to act in good faith and adhere to these Terms as well as other provisions governing the use of our Services, as well as properly fulfil your obligations to us in a timely manner in order for us to provide the Services;
- to provide us with information, documents and data which is accurate, correct, up to date, not misleading and free of viruses or other computer programs or files that could interfere with normal functioning of the Auto Coin Payments System or related applications;
- to promptly (not later than on the same Business Day (in case of non-Business Day, on the earliest Business Day) as you become aware of that) notify us of improperly provided Services, of loss, theft, unauthorized use or illegal acquisition of the Auto Coin Payments System login data, and also of loss of your electronic device used for logging into the Auto Coin Payments System;
- to take all reasonable measures necessary to prevent illegal disclosure, appropriation, or use of your data related to transactions performed on the Platform; and
- at all times to comply with all applicable laws and regulations based on your jurisdiction, including, but not limited to, AML/CTF regulations and not to use the Services for any criminal or illegal activities.
- Our obligations to you:
- to act in good faith in providing the Services to you;
- to strive to enable the intended use of the Website and the Auto Coin Payments System;
- take timely measures to correct any operational faults with Service provision or the Auto Coin Payments System; and
- to fulfil our obligations to you in respect of the Services.
- Verification and AML/CTF Checks
- As part of the global initiative to combat financial crimes, in particular money laundering and terrorist financing, we follow the regulatory obligations set out by the FCA guidelines that include, without limitation, implementing customer due diligence measures to counter financial crimes. This means we are legally obliged to know who our customers are and we fulfil this requirement by requesting and retaining required documents, information and data confirming your identity or the identity of a legal entity you represent or the identity of any other individuals with registered or unregistered management, representative or controlling powers of the legal entity and any other relevant documents or information, (the Know Your Customer or KYC Documents).
- You consent to us carrying out the required AML/CTF regulations checks and collecting KYC Documents in line with clause 1 and your use of the Services shall only be allowed if we are satisfied with the outcome of any identity, fraud and background checks including all other money laundering and terrorist financing checks which we will conduct in relation to you at any time during the term of your relationship with us.
- You are solely responsible for undertaking any and all Know Your Customer measures in compliance with the AML/CTF Policy for identity verification of your customers to which you may provide services or with which you may have business relations, including, by checking and keeping any information and evidence or other legally verifiable documents (the Customer Due Diligence).
- We shall reserve the right to check, examine and verify any process and outcome of the Customer Due Diligence, including to request and keep copies of any documents or other evidence collected by you in connection with the Customer Due Diligence.
- The nature and extent of the information we request regarding you and/or your customers may differ based on our risk assessment policy. In some instances, at the moment of establishing a business relationship with us or before or after the execution of any particular transaction in a Digital Asset or Fiat, we may contact you to obtain additional KYC Documents, and we will not be able to process your Account and/or Order until the information requested by us is provided in a timely manner and to our satisfaction. We reserve the right to suspend an Account or the transaction where you (a) fail to provide the requisite information for us to carry out the necessary checks in order to comply with our regulatory obligations; or (b) conceal the requested documents or information; or (c) provide incorrect or incomplete requested information, or otherwise fail to comply with any other instructions we give.
- You confirm that all information you provide to us pursuant to this clause is accurate and complete and agree to keep us updated if any information provided changes. Any falsification of documents in order to circumvent your obligations under this clause shall constitute a material breach of these Terms and we shall be entitled to suspend, disable and/or terminate your Account, these Terms and any of your transactions with us.
- You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity. When we carry out these enquiries, you acknowledge and consent that your personal information may be disclosed to credit reference, fraud prevention or financial crime agencies.
- We shall perform regular monitoring of your transactions and in the case of a suspicious or unusual operation or transaction, we shall have the right to suspend it, including, but not limited to, the suspension of a withdrawal of your Digital Asset or Fiat, for a certain period of time. In that case, we shall not be liable to you for any default on any contractual obligations or for any damages or losses sustained by you.
- We have a general duty to report any suspicious activity identified during the business relationship with you to the relevant authorities as well as other reporting duties deriving from relevant legal acts. We shall not be liable to you for the execution of such duties.
- If we need to conduct an investigation or resolve any pending dispute related to your Account, we may delay settlement or restrict access to your funds while we do so. Additionally, we may delay settlement or restrict access to your funds if required to do so by law, court order or at the request of regulatory or law enforcement agencies.
- We reserve the right, without any prior notice or explanation, to refuse any person from using our Services or to terminate an existing relationship with you if we have a reasonable doubt that the activity being carried out by that person or by you is not or has not complied with this clause 5.
- Representations and Warranties
- By accepting these Terms, you:
- confirm that you are eligible to use our Services by complying with criteria listed in clause 4;
- confirm that you have read and commit to be bound by these Terms;
- agree and acknowledge that any and all actions (transactions) performed by using your Account in the Auto Coin Payments System and related to the use of our Services or discharge of other provisions of the Terms shall be valid and causing the same legal effects as the actions (transactions) formalized by a hard copy document signed by you;
- confirm that you have enough knowledge relating to Digital Assets to use our Services, and understand that you are solely responsible for determining the nature, potential value, suitability, risks and appropriateness of our Services;
- agree and represent that any Fiat or Digital Asset you use in connection with the Services is derived from legal sources;
- confirm that, excluding any advertisement in the normal course of marketing our Services, you confirm that we have not advised you, nor individually recommended to you, to use our Services or provided any financial advice of any kind;
- confirm to notify us immediately, no later than within 10 (ten) calendar days, of any changes to any information you have provided to us in connection with these Terms or of any circumstances that have or are likely to have an impact, negative or otherwise, on you discharging your obligations to us or of any circumstances that are material for the performance of these Terms e. g. names of authorized persons, your name/title, place of residence, email address, insolvency proceedings, etc. At the request of the Company, you agree to submit any documents (originals, duly certified paper copies or scanned copies) supporting such changes in information or circumstances, irrespective of whether such information or documents have been provided to public registers;
- confirm and understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide, and it is your responsibility to make sure that you comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using our Services;
- confirm that your use of our Services does not violate any applicable laws or regulations in any jurisdiction that applies to you and warrant you shall not use any of the Services for any of the following (a) to conduct or engage in any illegal or unlawful activity; (b) to hide or disguise the proceeds of any illegal or unlawful activity; (c) to engage in any fraudulent or malicious activity; (d) to control or use an Account that is not yours or to allow anyone who is not a duly authorized person to have access to or use your Account; (e) to engage in any other use or activity that breaches these Terms or does not conform with sustainable activities of the Company, ensuring of human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by the Company.
- By accepting these Terms, you represent and warrant that at the time of entering into these Terms and for the duration of the provision of the Services, the above, as well as any and all representations warranties given anywhere else in these Terms are true and accurate. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information, data or documents provided by you.
- For the avoidance of doubt, all representations and warranties are personal statements or assurances given by you, either on your behalf or on behalf of the entity that you represent, which we will rely on when we provide our Services to you.
- If you are acting on behalf of an entity, you warrant that you have the authority to bind the entity in a legal capacity.
- By accepting these Terms, you:
- Creation of an Account
- Creation of an Account on the Auto Coin Payments System is required to use the Auto Coin Payments System and to access our Services.
- To log in to your Account requires your e-mail address and password.
- By registering and creating an Account with the Auto Coin Payments System you will have access to the Platform but cannot use our Services until you become an authorized user or a representative of a user.
- The e-mail address specified by you and intended for your identification and login to your Account shall be valid throughout the entire period of validity of your Account. If needed (upon your request) and upon satisfactory compliance with our request for documents and information from you, we can change your e-mail address manually. Such request should be submitted to [email protected]
- You will choose a password when registering your account. You are responsible for maintaining the confidentiality of your password and account access information. You are fully responsible for all activities that occur with the use of your password or Account. Please notify us immediately of any unauthorized use of your password or Account or any other breach of security. If you share your password with others, we will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Sharing of account information is not permitted under these Terms.
- Your Orders [NOTE: Client to REVIEW AND CONFIRM]
- Exchange of Fiat to Digital Assets
- To conclude an agreement on purchasing Digital Assets you must submit your Order through Auto Coin Payments System indicating the amount of Fiat of your choice, for which you want to buy Digital Assets or the quantity of Digital Assets you want to buy. We will confirm your Order by indicating a preliminary price of the Digital Asset applicable for the exchange.
- You shall confirm your instructions to exchange Fiat for the price offered in accordance with clause 1.1 above (that is, to accept our offer) by transferring the specified amount of Fiat to us. In case of underpayment of the specified amount of Fiat, you will be considered as having not confirmed your instructions to complete the exchange and you will have two options: (1) to transfer the remaining amount of Fiat and confirm the exchange; or (2) to request a refund of the Fiat amount you have transferred to us (underpayment), after deduction of the applicable Fees and other costs. In case of overpayment, you will be considered as having confirmed your instructions to exchange Fiat for the Digital Asset and in respect of the overpaid amount (the amount in excess of the requested amount), you will have the option to (1) exchange the overpaid amount into Digital Assets as well, after deduction of the applicable Fees and other costs; or (2) request a refund of the overpaid amount, after deduction of the applicable Fees and other costs.
- The amount of time required to rewrite the Digital Assets in your name or to process a refund in accordance with clause 1.2, will depend on various factors, including the performance of third parties. We make no guarantee as to when the Digital Assets or any refunds will be made available to you.
- You acknowledge and agree that Digital Asset price is volatile and can change at any time-increasing or losing value either in your favour or otherwise. Notwithstanding, you agree and acknowledge that once we have purchased Digital Assets on your behalf, your Order is final and binding and refunds will not be possible after this time.
- We reserve the right to determine the minimum or maximum amounts of a Digital Asset to be purchased in a single operation indicating such restrictions on the Website. We shall also reserve the right to determine the minimum amount that can be refunded. If the amount requested is lower than the minimum refundable amount, we shall have the right to not issue the refund.
- All risks related to the purchase of Digital Assets will be your sole responsibility.
- Exchange of Digital Assets to Fiat
- To conclude an agreement on exchanging Digital Assets to Fiat, you must submit your order through Auto Coin Payments System indicating the amount of the Digital Assets you want to sell or the amount of Fiat you want to buy. We will confirm your order by indicating a preliminary price of Fiat applicable for the exchange.
- You can confirm (accept) the offer to exchange Digital Asset for Fiat within the time period indicated in our offer, by confirming the quantity of Digital Assets specified in the offer to us on the Website in a predefined manner. The quantity of Digital Assets to be rewritten must be of a sufficient amount and free and clear of any liens, charges or encumbrances, as well as the ownership of the Digital Assets, must belong to you.
- In case of underpayment of the specified amount of Digital Assets, you will be considered as having not confirmed your instructions to purchase Fiat or to sell Digital Assets and you will have two options: (1) to transfer the remaining amount of Digital Assets and confirm your instructions to purchase Fiat or to sell Digital Assets; or (2) to request a refund of the Digital Assets amount you have transferred to us (underpayment), after deduction of the applicable Fees and other costs. In case of overpayment, you will be considered as having confirmed your instructions to purchase Fiat/to sell Digital Assets and in respect of the overpaid amount (in excess of requested amount), you will have the option to: (1) exchange the overpaid amount into the Fiat as well, after deduction of the applicable Fees and other costs; or (2) request a refund of the overpaid amount, after deduction of the applicable Fees and other costs.
- We will, as soon as reasonably possible, transfer you the corresponding amount of Fiat, after deduction of the applicable Fees and other costs. The amount of time required to process a transfer referred to herein and any refunds referred to in clause 2.3 above will depend on various factors, including the performance of third parties. We make no guarantee as to when purchased Fiat and any refunds will become available to you.
- All risks related to the sale of Digital Assets will be your sole responsibility.
- You agree and represent that you will check and verify all transaction information and Order details prior to submitting it to us and that we are not responsible for ensuring that the information you have provided to us is accurate and/or complete.
- Exchange of Fiat to Digital Assets
- Cancellation and Refunds [NOTE: Client to REVIEW AND CONFIRM]
- You acknowledge and agree that, unless otherwise specified in these Terms, any Order or transaction once marked as executed or completed cannot be cancelled, changed or reversed.
- If execution of your Order is deemed unsuccessful for any reason, and such failure is reasonably attributed to an error by you, any applicable Fees and other costs incurred by us shall be deducted from either:
- the amount of Fiat or Digital Assets that is transferred to you if the Order is subsequently executed; or
- the amount of Digital Asset or Fiat that is returned to you if the Order is declined and the Digital Asset or Fiat is returned.
- Due to the irreversible nature of Digital Assets, we are unable to provide any refunds on executed or completed Orders; including but not limited to instances:
- where we have purchased Digital Assets on your behalf; or
- where we have delivered Digital Assets to your Wallet Address.
- You are entitled to a refund where an unauthorised or incorrect transaction occurs as a result of our fault, provided you have notified us immediately of its occurrence (not later than on the same Business Day (in case of non-Business Day, on the earliest Business Day) as you become aware of that) and you have not acted fraudulently, intentionally or negligently.
- Applicable Fees and Exchange Rates
- We shall charge you the Fees and apply exchange rates, which are provided on our Website (updated regularly) and are applicable at the moment when a particular transaction is carried out.
- The Fee and exchange rates schedule referred to in clause 1 is deemed to form part of these Terms.
- The Fee and exchange rates schedule referred to in clause 1 is subject to change at our sole discretion. Changes shall come into force immediately upon publication of the updated Fee and exchange rates schedule on our Website.
- If you owe us any fees or any other amounts, we will take the respective Fees or amounts you owe us from the Digital Assets or Fiat we process on your behalf on the due date without your instruction. You hereby authorize us to deduct said Fees or amounts on your behalf.
- Please ensure that the required Fees or amounts due from you is available to us on the due date. If you do not have enough Digital Assets or Fiat to pay the Fees or any other amounts due, we reserve the right to suspend the provision of our Services to you until such Fees or amounts due will be paid to us.
- Application of any discount is at our absolute discretion.
- Intellectual Property Rights
The trademarks, trade names, service marks and logos and others used on the Website belong to us and its respective owners (third party exchange partners and service providers). The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Website belong to us and can not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated, without our prior written consent. The use of any content from the Website on any other site or a networked computer environment for any purpose is strictly prohibited.
You agree to defend, indemnify and hold harmless the Company, its affiliated and related entities, and any of its officers, directors, employees and agents from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind (including, without limitation, costs, expenses, and reasonable attorneys’ fees) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises or relates to: (a) your wrongful or improper use of the Services; (b) your violation of any term or condition of these Terms, including, without limitation, your breach of any of the representations and warranties contained herein; (c) any other party’s access or use of the Services with your account information; (d) your violation of any third-party right, including without limitation any right or privacy or intellectual property rights; (e) your violation of any applicable law, rule or regulation; or (f) your fraudulent behaviour, wilful misconduct or gross negligence.
- No Warranties
WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SERVICES WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES (AND OUR WEBSITE): WILL OPERATE ERROR-FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE, UNINTERRUPTED OR SECURE AT ANY PARTICULAR TIME OR LOCATION; ARE FREE FROM VIRUSES OR OTHER HARMFUL CONTENT. WE DO NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE SERVICES OR THROUGH OUR WEBSITE, AND WE WILL NOT BE A PARTY TO NOR MONITOR ANY INTERACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN. IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THE SERVICES EXCEED THE FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, Communications) that we provide in connection with your use of the Services. We will provide these Communications to you by posting them on our Website, emailing them to you at the email address you provided, communicating to you via instant chat, or through other electronic communication such as text message or mobile push notification.
- You may withdraw your consent to receive Communications electronically at any time by following the unsubscribe instructions in the email/SMS or contacting us at Harju maakond, Tallinn, Lasnamäe linnaosa, Väike-Paala tn 2, 11415 and requesting to opt-out.
- Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you Service-related updates and notifications or respond to your enquiries or complaints, and similar communications in relation to the delivery of our Services to you under these Terms.
- You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of our Services (Taxes). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority.
- We are not obliged to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. We make no representations in relation to tax liabilities and assume no tax liability for any Dealer, or for collecting, reporting, withholding or remitting any taxes arising from any Services that you may use.
- In case we are obliged under applicable law or voluntarily decide to report to any competent authorities any information that is related to your tax obligations, you undertake to provide us with the requested documents, data and information.
- Data Protection
- We agree to comply with our obligations under data protection laws.
- We implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
- You are obliged to inform us in writing immediately in case any information we hold about you is inaccurate or not up to date or you believe that any of the information about you is collected, used and stored by us in a manner not compliant with applicable laws.
- Information Storage
- We undertake to store essential information related to entering into and the fulfilment of an Order for our own needs or to meet our legal obligations for [7 (seven)] years in durable media of our choice.
- Amendments and Termination
- We may amend, modify, update and change any of the terms contained in the Contact from time to time. We will notify you of any amendment, modification, update and change by publishing a new version of the Terms on the Website, or by email. Any new version of the Terms will take effect immediately upon publication on the Website, and your use of the Website or the Services after this period will be deemed to constitute your acceptance of the new version of the Terms.
- Without prejudice to any other rights, we may have under this Contract or the applicable law, we may, at any time, terminate the Contract, with immediate effect, for any reason, including but not limited to where:
- we are required to do so by law, regulation, competent court order, or other competent authority;
- we reasonably suspect illegal activity including money laundering, terrorist financing, fraud or any crime (financial or otherwise);
- any of our third-party service providers deny providing you with the Services;
- we reasonably believe that we need to do so in order to protect our reputation;
- force majeure events, including operational and technical errors, occur; and
- upon our request, you have failed to provide us with documents or information, or the documents or information provided does not meet our requirements.
- Where we terminate the Contract for any of the reasons listed in clause 19.2, we reserve the right to:
- cancel any outstanding or pending orders; and
- withhold any Fiat which you have paid to us for the purchase of Digital Assets which you have not received or withhold any Digital Assets that you have transferred to us for the sale of Digital Assets for any Fiat you have not received.
- You may, at any time, terminate the Contract, by giving 30 (thirty) calendar days’ written notice, for any reason. Upon termination of the Contract, you shall:
- stop using the Website or the Services; and
- any Fees or other costs which you owe to us shall become immediately due and payable.
- We may assign our rights and obligations, either in whole or in part, under these Terms. Your rights and obligations are non-assignable, without the prior written consent of the Company.
- Entire Agreement. These Terms, together with the policies and procedures referred to herein, constitute the entire agreement in relation to your use of the Website and the Services.
- If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, then that provision shall be severable and will not affect the validity and enforceability of any remaining provisions.
- Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which results from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
- No Waiver. Our failure to assert any right or provision in these Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such or other terms.
- Amendment. We may update or change these Terms from time to time by posting the amended Terms on our Website. Such updates or changes shall be effective at the time of posting. If you continue to use the Services after we provide notice of such changes, your continued use constitutes an acceptance of the amended Terms and an agreement to be bound by them. If you do not agree to the amended terms, you must close your Account as per the termination clause of these Terms and discontinue your use of the Services.
- Governing Law and Jurisdiction. These terms are governed exclusively by Estonian Law and the Parties agree to the exclusive jurisdiction of the Estonian courts.
- The provisions of clauses 5 (Representations and Warranties), 12 (Indemnification), 13 (No Warranties), 14 (Limitation of Liability), 15 (Communications) and 20.7 (Governing Law and Jurisdiction) shall survive the termination of these Terms.