Introduction and Your Acceptance
of the Terms of Use
Please Read These Terms of Use Carefully in Their Entirety Before Using the
Website,
Metamaticoin Or Any Service Offered Therein.
By Using The Website or Otherwise Accessing or Using
Our Services, You Agree to The Terms of Use. If You
Do Not Accept the Terms of Use or Any Provision
Herein, Do Not Access the Site or Use the Services.
The website Metamaticoin (the “Site”) provides Digital
Currency related content
(the “Publications”) and offers the
opportunity to purchase Digital Currency in exchange
for Fiat Money and/or sell Digital Currency in
exchange for Fiat Money (the “Transactional
Functions”).
Metamaticoin a company incorporated
under the laws of Ireland with a registered office
at 2930 Inland Empire Blvd, offers Transactional
Functions to Members (as defined below) on the Site
(the “Services”).
The above notwithstanding, the opportunity to engage
in Transactional Functions in TPT Locations (as
defined below) using the services—and separate
platforms—of third-party providers
(the “Third Party Transactions”)
may be made available to you on the Site.
Certain supplemental third-Party Services (as
defined below), administered by and wholly under the
terms of service of third-party providers, may be
offered and made available to you on your Account in
connection with the Services.
The Publications on the Site are provided by Metamaticoin
The users of the Site shall be referred to as
“you,” “your” or
“yourself”.
By using this Site, and/or by consuming our
Publications, and/or by registering to use our
Services, you accept and agree to comply with these
terms and conditions governing your use of the Site
and the Services (the “Terms of
Use”). You should read the entire Terms
of Use carefully before you use the Site or any of
the Services. If you do not agree to any term of
these Terms of Use, you are forbidden to use the
Site and the Services.
You acknowledge that the privacy policy (made
available on the Site) (the “Privacy
Policy”), is an integral part of these
Terms of Use, and by using the Services, you also
agree that you have read, understood, and accepted
the terms of the Privacy Policy.
You further acknowledge that:
Company does not
have a trading platform, nor does it maintain any
investment portfolios;
Company is not
associated with any third-party trading-related
services or brokers;
Company is not a payment
services provider, nor does it act as a payment
services provider or process any payments
whatsoever;
Company does not accept deposits
from users, hold user funds, or keep a balance or
credit of any sort (in fiat money or Digital
Currency), nor is Company a Wallet Service provider.
Account Eligibility
By opening an account to use the Services (the
“Account”), you expressly represent
and warrant that:
you have accepted these Terms of Use;
you are at least 18 years of age (or the age of
majority in your country of residence and no younger
than age 18) ;
you are of sound mind and capable of taking
responsibility for your own actions, and have the
full legal capacity to accept these Terms of
Use and enter into a transaction
involving Digital Currency (as
defined below);
all information and details that you submit to us
during the initial registration process, and
thereafter (including as part of any use of
the Services), are true, current, complete and not
misleading and, as appropriate, match the name(s) on
the credit/debit card(s) or other payment accounts
to be used to receive Fiat Money (defined below) in
exchange for the Digital Currency; and
your use of our Services in the territory from which
you are accessing and using the Services and your
Account, is in full compliance with the laws and
regulations applicable to such territory.
Registration and Personal Use of your Account
The Site is for your own personal and non-commercial
use only. You may only open one Account, and you
acknowledge that multiple or linked accounts are not
allowed.
You further agree that you will not use any Account
other than for your own use, or access the Account
of any other registered user (a
“Member”) at any time, or assist
others in obtaining unauthorized access.
By registering with us, you agree to provide us with
current, accurate, authentic, and complete
information about you, which may include without
limitations, your name, password, e-mail address,
postal address, telephone number, ID number,
birthdate, identification number, personal bank
account details, as prompted by the registration
and/or verification process, or as prompted at any
time following registration, and you are required to
keep any such submitted information updated at all
times. We may request additional information as
necessary, including in the event of any suspicious
activity related to your Account.
Verification Process
We may verify your
details, at any time, by requesting certain
documents from you. These documents may typically
include a government issued identity card, proof of
address, such as a utility bill, and proof of your
payment method. We may request that copies of such
documents are notarized at your own expense, with a
stamp and attestation or certification by a public
notary. Should the documents fail our internal
security checks for any reason, such as upon
suspicion of tampering, or due to suspicious or
proven misrepresentation, we shall be under no
obligation to accept such documents as valid, and
under no obligation to provide feedback on the exact
nature of our findings with regards to these
documents. In addition, we may request that you
participate in a phone or video call to verify your
identity.
We may also perform further background checks on you
and request any relevant documentation from you for
any reason related to your use of the Services
and/or as supporting evidence for any information
you provide.
You acknowledge that in order to conduct such
verification process and/or background checks, we
may perform inquiries, directly or indirectly
through third party service providers in the attempt
to prevent misidentification, fraud, suspicious
activity, money laundering or any other forbidden
activity, and may take actions with respect to the
outcome of such inquiries, as we deem necessary. You
hereby provide us with your authorization for such
inquiries, including with respect to a query of your
account information.
The aforementioned notwithstanding, the Company may,
at any time, and in its sole discretion, deny you
the option to open an Account, limit the Account
that you may establish and maintain, or suspend any
transaction pending our review of any information
submitted by you.
Confidentiality of your Account
You acknowledge that you are responsible for maintaining
the strict confidentiality of your Account
information, including your password, safeguarding
your own Digital Currency, and for all activity and
transactions that are posted to your Account. You
understand that any compromise of your login
information may expose your Account to unauthorized
access by third parties which may result in loss or
theft of Digital Currency or funds from your
Account, including linked accounts, such as your
linked bank accounts and credit cards.
Security Alerts
In order to receive
security alerts from the Company, you must update
the Company with respect to changes in your email
address and telephone number. In no event will the
Company be held responsible for any damages or
losses which you may sustain as a result of
compromise of your Account login credentials due to
no fault of the Company and/or failure to follow or
act upon any notices or alerts that we may send to
you. Notwithstanding the above, the Company does not
guarantee to provide you with said alerts or to take
any other action in this regard, and shall not be
held liable for not doing so.
Misuse
The creation or use of an Account
without obtaining our prior express permission will
result in the immediate suspension of any such
Account, as well as all pending Purchase/Sale
offers. Any attempt to do so or to assist others
(former registered users or otherwise), or the
distribution of instructions, software or tools for
that purpose, will result in the Accounts of such
users being terminated, without derogating from any
other remedy to which the Company may be entitled
for such a violation and the Company may take
further actions against you.
You are required to notify us immediately of any
unauthorized use of your Account or password,
suspected compromise of your login information, or
any other breach of security, by email addressed
to support@metamaticoin.org
We may terminate the account of any Member who does
not comply with our verification or security
requests, or otherwise violates the foregoing rules,
and such Member may be held liable for losses
incurred by the Company or by any third party due to
the Member’s non-compliance and/or violation of
rules.
Your
Account is for your personal use only, and not for
the use or access by any third party. In any event,
you are fully responsible for all acts or omissions
of any third party accessing and/or using your
Account.
You agree that you will not use the Services to
perform criminal activity of any sort, including but
not limited to, money laundering, financing of
terrorism, or malicious hacking, as well as gambling
operations. In addition, you warrant not using
methods to conceal the location from which you
access the Site and that you will disclose to the
Company your accurate and true location. Should the
Company determines in its sole discretion that the
activity on your Account is suspicious or related to
any prohibited activity or illegitimate operation,
the Company may cancel or suspend your Account,
block any outstanding transactions, deny any new
transactions, and/or freeze any funds available on
your Account.
You agree to receive promotional and/or
informational emails from us to the email address
you provided in your Account. Such emails will be
canceled upon your request using the
“unsubscribe” option presented in any
such email, when applicable.
By registering with us and/or using the Site, you
confirm that you did not Mine any Digital Currency
you offer us for Sale, and that you did not buy any
Digital Currency you offer us for Sale from a
Miner. For the purposes of this Agreement, “Mine”
or “Mining” means the process of using cryptographic
hash functions to authorize crypto-transactions, and
a “Miner” is a person who performs such Mining.
Our Services
Provision of the Services
Purchase of Digital Currency: The Services
allow Members to buy from the Company Bitcoin and/or
Ethereum and/or any other digital currency (the
“Digital Currency”) that may be
available for purchase on the Site from time to time
(a “Purchase”).
Sale of Digital Currency .
At the Company’ssole discretion, the Company may also elect to allow
Members to sell Bitcoin and/or any other digital
currency to the Company (a “Sale”).
Transactions in Exchange for Fiat Money.
Upon successfully opening and establishing your
Account following the verification process, you may
begin to engage in Purchase and/or Sale transactions
of Digital Currency, as applicable, on a
per-transaction basis in exchange for USD, EUR, or
other fiat currencies as determined by the Company
from time to time (collectively and individually,
the “Fiat Money”).
No Guarantee of Payment Methods. You may send
and/or receive Fiat Money to and from the Company
through bank account wire transfers, credit card
payment, or a third-party processor. However, the
Company cannot guarantee that all such payment
methods will always be available to you. The
availability of each payment method depends on
several factors, including but not limited to your
location, the identification information you have
provided the Company, and certain limitations
imposed by third party payment processors, if any.
Non-Provision of Wallet Service . A program
application that stores private and public keys and
interacts with applicable Digital Currency
blockchain network(s) to enable users to send and
receive Digital Currency and monitor their balance
is a “Digital Currency Wallet”.
The administration of a Digital Currency
Wallet—whether by physical device or paper, local
software, online host or otherwise—and its provision
as an interface for users to control access to their
Digital Currency, manage their Digital Currency keys
and Wallet Addresses, track their Digital Currency
balance, or execute transactions with their Digital
Currency is a “Wallet Service”.
You understand and accept that:
Company is not a
Wallet Service provider, nor does it act as a
provider of a Wallet Service or provide any utility
or function of a Digital Currency Wallet whatsoever;
We may recommend or refer you to a Wallet
Service administered by an external third-party
provider (as described in Section 5.2.2).
Payments and Transfers.
Purchase Payments. You understand and accept
the following terms pertaining to any bank wire
transfer you send the Company in connection with
your Purchase order for Digital Currency:
a payment may, in the Company’s sole discretion, not
be accepted by the Company if it is made:
to a
different beneficiary than specified in the payment
instructions presented to you when you place your
order;
from a bank account in a name that
does not match your name as registered on your
Account with the Company, or that otherwise cannot
be identifiable to the Company’s satisfaction
as yours;
in the event the payment actually received into the
Company’s bank account, net any applicable
bank or administrative fees,
is lowerthan the payment amount
required to fulfill your Purchase order, the Company
shall, in its sole discretion, either:
update
and fulfill the Purchase order in accordance with
the payment amount net fees actually received;
cancel and refund your Purchase order;
contact you to receive new instructions to amend or
cancel your order.
in the event the payment actually received into the
Company’s bank account, net any applicable
bank or administrative fees,
is higherthan the payment amount
required to fulfill your Purchase order, the Company
shall either:
update and fulfill the Purchase
order in accordance with the payment amount net fees
actually received;
fulfill the Purchase order
in accordance with the original Purchase order
amount and refund the delta;
cancel and refund
your Purchase order;
contact you to receive
new instructions to amend or cancel your order
Sale Transfers. You understand and accept
the following terms pertaining to any Digital
Currency transfer you send to the Company in
connection with your Sale order:
a transfer may, in the Company’s sole discretion,
not be accepted by the Company if it is made:
to
a different Company Wallet Address than specified in
the transfer instructions presented to you when you
place your order (however, under these
circumstances, the Company may, in its sole
discretion, accept such transfer and fulfill your
Sale order);
designating a Bank Account for
payment in a name that does not match your name as
registered on your Account with the Company, or that
otherwise cannot be identifiable to the
Company’s satisfaction as yours (however,
under these circumstances, the Company may, in its
sole discretion, accept such transfer and fulfill
your Sale order);
in the event the transfer actually received into the
Company’s Wallet Address, net any applicable
fees, is lowerthan the transfer
amount required to fulfill your Sale order, the
Company shall, in its sole discretion, either: (i)
update and fulfill the Sale order in accordance with
the transfer amount net fees actually received; (ii)
cancel and refund your Sale order; or (iii) contact
you to receive new instructions to amend or cancel
your order.
in the event the transfer actually received into the
Company’s Wallet Address, net any applicable
fees, is higherthan the transfer
amount required to fulfill your Sale order, the
Company shall either: (i) update and fulfill the
Sale order in accordance with the transfer amount
net fees actually received, provided that the
discrepancy is not more than five percent (5%) of
the transfer amount required to fulfill your Sale
order (i.e., if the Sale order was for 0.1000 BTC,
and we received 0.1025 BTC, we will automatically
update and fulfill the Sale order for 0.1025 BTC);
or (ii) fulfill the Sale order in accordance with
the original Sale order amount and refund the delta
(i.e., if the Sale order was for 0.1000 BTC, and we
received 0.1200 BTC, we will automatically fulfill
the Sale order for 0.1000 BTC and refund you 0.0200
BTC). Notwithstanding, in either case, the Company
reserves the right to, in its sole discretion,
either cancel and refund your Sale order, or contact
you to receive new instructions to amend or cancel
your order.
in the event that you transfer Digital Currency to a
Wallet Address other than the Wallet Address
specified in the transfer instructions, and such
Wallet Address is not a Company Wallet Address,
Company shall have no liability whatsoever,
including without limitation, have no obligation to
complete the Sale order, no obligation to replace
the Digital Currency, and no obligation to assist in
tracking or recovering such erroneous transfer.
You agree that you will not use Sale orders to relay
Digital Currency that was attained by you illegally.
Additionally, you warrant not to transfer Digital
Currency to us that you obtained, directly or
indirectly, from unlawful or illegitimate sources,
including but not limited to dark market, and mixing
platforms, as well as origins connected with money
laundering, terrorism or the funding of terrorism,
child abuse, scams and fraudulent activity,
ransomware, theft, and gambling operations.
Delivery of Digital Currency. The Company
will use reasonable efforts to deliver the Digital
Currency you Purchase to you at the earliest
commercially reasonable time in accordance with the
terms and conditions hereunder. You acknowledge that
delivery of the Digital Currency you purchase may be
completed separately from the payment process, and
it may take time for the Digital Currency transfer
to be processed. You also acknowledge that on some
occasions, the Company may not be able to fulfill
your Purchase order or deliver the Digital Currency
as further explained herein. In addition, you
understand that we may charge you certain network
fees (third party mining fees, etc.) associated with
your Purchase order for Digital Currency. In such
case, the relevant network fees will be clearly
distinguished as a separate fee on your transaction
breakdown and will be deducted from the amount of
Digital Currency due with respect to your Purchase
order.
Payment of Fiat Money. You acknowledge and
accept that:
the Company will use reasonable
efforts to pay the Fiat Money for your Digital
Currency Sale to you at the earliest commercially
reasonable time in accordance with the terms and
conditions hereunder;
payment of the Fiat Money
for a Digital Currency Sale may be completed
separately from the transfer process, and it may
take some time for the Fiat Money transfer to be
processed;
on some occasions, the Company may
not be able to fulfill your Sale order or transfer
the Fiat Money as further explained herein;
for
your Sale of Digital Currency to the Company, we
will pay Fiat Money to the International Bank
Account Number (“IBAN” or
“Bank Account”) you provide to us
with respect to each of your Sale orders and which
you verify with us upon our verification request for
each order;
such verification request may
include, without limitation, verification through
email or other electronic means;
n the event
you do not verify your Bank Account within 30 days
of our sending such verification request to you, we
reserve the right to send the relevant Fiat Money to
the Bank Account you provided to us upon initiating
the applicable order, irrespective of any
verification from you;
once we send Fiat
Money to a Bank Account, we will be unable to
retrieve that Fiat Money from that Bank Account.
Wallet Address.
An identifier of alphanumeric characters which
represents a possible destination for a Digital
Currency payment is a “Wallet
Address” (for example, the Wallet
Address for Bitcoin is a string of 26 to 35
alphanumeric characters, beginning with the number 1
or 3).
You understand and accept that:
we shall deliver the Digital Currency you Purchase
to the personal digital Wallet Address that you
provide to us with respect to each of your Purchase
orders (“Your Wallet Address”) and
which you will be asked to confirm with respect to
each such Purchase order (“Wallet
Confirmation Request”). Wallet
Confirmation Requests may be issued, without
limitation, through email or other electronic means;
in the event that you do not confirm Your Wallet
Address within 4 (four) days of our sending such
Wallet Confirmation Request to you, we may, at our
sole discretion, either:
send you the relevant
Digital Currency to Your Wallet Address that you
provided to us upon initiating the applicable order
(irrespective of its confirmation by you),
cancel the applicable Purchase order and refund you
the relevant Fiat Money;
once we send you Digital Currency to Your Wallet
Address, we will be unable to retrieve that Digital
Currency from that Wallet Address;
the Digital Currency on Sale orders shall be
delivered by you to the specific Wallet Address that
we provide to you with respect to each of your Sale
orders.
No Liability for Errors
You acknowledge
that the Company will not be liable for any error
with respect to the instructions you provide,
including without limitation erroneous Wallet
Address and/or Bank Account information.
No Guarantee of Value or Liquidity. You
understand and accept the risks involved in buying
and selling Digital Currency, and specifically your
Purchase and Sale of Digital Currency, including the
fact that the Company cannot guarantee that any
Digital Currency will have, at any time in the
future, certain value (if any) or market liquidity.
There is no guarantee that you will be able to sell
the Digital Currency to any third party at a later
time, and in no event will the Company be obligated
to purchase from you any Digital Currency, whether
bought from the Company or otherwise. (See also
Section 16, “Risks“).
Price of Digital Currency and the Execution of
Your Order
The rate for Purchase and Sale of Digital Currency,
as applicable, shall be determined in accordance
with the price as displayed on the Site (the
“Price”). The Price is comprised of
the Digital Currency market rate and our commission
fee; additional fees may apply on top of the Price.
Changes to any applicable fees may be made at any
time in our sole discretion; it is your obligation
to verify applicable fees prior to engaging in any
order or transaction; an updated list of applicable
fees shall be displayed.
Notwithstanding the above, you hereby understand and
agree that the Price displayed on the Site for
Purchase or Sale of the Digital Currency is accurate
for the thirty (30) minutes immediately following
the initial step in the placement of an order
(the “Preliminary Price”), and the
Preliminary Price which appears on the Site upon
your order may not be the final price or rate of
your transaction. This is due to the highly volatile
nature of the price of Digital Currency and the
period of time that may be required for completing
the transaction, as further detailed below.
The Final Price of the transaction:
The final price of your transaction (the
“FinalPrice”) will
be the Price that appears on the Site upon:
the
processing of a credit/debit card Fiat Money payment
in a Purchase order, provided that you successfully
submit the payment within the thirty (30) minutes
immediately following the initial step in your
placement of this order (after which, the order
permanently expires and cannot be fulfilled);
our receipt of confirmation of payment from our
bank, with respect to a Fiat Money payment made by
you via bank wire transfer in a Purchase order;
the actual crediting of a Company Wallet
Address designated by us for your Sale order, with
respect to the Digital Currency credited by you to
us in that Sale, provided that the crediting was
completed within the thirty (30) minutes immediately
following the initial step in your placement of this
order (after which, the order permanently expires
and cannot be fulfilled).
The above notwithstanding, you acknowledge that our
performance of additional KYC and/or security
validations (e.g. validating the order details with
you) may extend beyond the times specified in
Section 4.2.3.1 above; in which case, the Final
Price shall be the Price applicable upon the
completion of our additional KYC and/or security
validations.
You understand and agree that the Final Price may be
either higher or lower than any other rate or price
which was previously available on the Site, in
accordance with value fluctuation which may occur,
and that this may change either in your favor or in
the Company’s and we have no control whatsoever on
such change. A Price in Fiat Money for a transaction
is locked for thirty (30) minutes when the initial
step in the placement of the Purchase/Sale order is
logged (the Preliminary Price); once the Preliminary
Price has expired, the Final Price will apply to any
applicable transaction.
As soon as reasonably practicable thereafter, and
subject to the completion of our KYC process and/or
other inspections to our satisfaction, we shall
execute your order at the Final Price (the
“Execution”). Until Execution, any
order by you shall be considered as pending and not
completed, and shall not be binding on us
whatsoever.
Delivery. As soon as reasonably practicable
after the Execution of your order: (i) in the case
of your Purchase of Digital Currency from us, the
relevant Digital Currency shall be delivered by us
to your Wallet Address. While we will attempt to
transfer the Digital Currency as soon as we can,
please note that the transfer may take some time to
be processed; (ii) in the case of your Sale of
Digital Currency to us, we shall deliver Fiat Money
through a bank wire transfer, credit card, or other
third party payment processor, all using the details
per applicable payment method you provided during
the placement of your Sale order; and (iii) we shall
provide you, either on the Site, via email, or
otherwise, a transaction confirmation, detailing the
Final Price and other particulars about the
applicable Purchase, Sale, and the Execution (the
“Transaction Confirmation”).
Any payment by us to you, including refunds of
payments initially made by you to us, whether of
Fiat Money or Digital Currency, shall be paid after
deduction of any applicable fees and/or transaction
costs and expenses, including, without limitation,
our commission fee.
For the avoidance of doubt, Metamaticoin has no obligation
or responsibility under these Terms of Use to take
any action or do anything to collect or arrange for
delivery of any Digital Currency or other digital
asset that is offered or issued based on existing
holdings of Digital Currency, whether characterized
as interest, dividend, “airdrop,” or fork
(“Accrued Digital Asset”), nor is
Metamaticoin liable to you in any way or responsible to
indemnify you for any loss or denial of such Accrued
Digital Asset suffered by you as a result of your
use of the Services
Cancellation Policy. You acknowledge that
executed transactions are non-cancelable and you
cannot change or reverse any transaction –
whether completed or pending (including any Purchase
order with respect to which you have not yet
confirmed Your Wallet Address by attending to the
Wallet Confirmation Request connected to that
order). The above notwithstanding, the Company, in
its sole discretion, without any obligation
whatsoever, may endeavor to comply with a request
from you to cancel a transaction on your Account.
Subject to applicable law and regulation, in the
event the Company cancels your Purchase order after
having received Fiat Money from you with regards to
such order, the Company will refund such funds to
you minus any costs or expenses incurred with
regards to such refund, including without limitation
any bank charges, currency exchange charges and/or
payment processing charges. With respect to
cancellation of your Sale order after having
received Digital Currency from you, the Company will
credit you with such Digital Currency minus
applicable transaction costs and expenses. The
Company will make reasonable efforts to refund
canceled transactions in the same currency of Fiat
Money as was initially used by you in the payment
for your order, however, this is not always
feasible. Any return for a canceled transaction
shall be in a currency of Fiat Money and at an
exchange rate determined in the Company’s sole
reasonable discretion.
Unsuccessful Payments. If your payment method
is declined, whether due to insufficient funds or
deemed unsuccessful for any other reason, you agree
that the Company, in its sole discretion, may:
cancel any applicable transaction;
fulfill a
portion of that transaction;
debit
alternative payment methods provided by you, in the
amount necessary to complete a pending transaction.
In the event of termination of any transaction, the
Company will make reasonable efforts to provide you
with notification of such termination. If any fees
apply on failed bank-transfer attempts made by the
Company to you in the course of executing your Sale
order, and such failure is reasonably attributed to
an error by you, such fees shall be deducted from
either (x) the amount of Fiat Money that is
transferred to you if the order is subsequently
executed; or (y) the amount of Digital Currency that
is returned to you if the order is declined and the
Digital Currency is returned.
Ownership of your Wallet Address. You
guarantee to use and provide a Wallet Address owned
by you exclusively and which is under your sole and
full control, for the purpose of executing any
transaction, including: (a) in a Purchase order, a
Wallet Address to which we will transfer Digital
Currency; (b) in a Sale order, a Wallet address
(or Wallet Addresses) from which you will transfer
Digital Currency to us and/or a Wallet Address to
which we may return Digital Currency.
The Company reserves the right to deny processing
any order, or cancel any pending transaction if:
required to do so by law, regulation, competent
court order, or other competent authority;
the
Company considers any such order or transaction to
be in conflict with our Risk Management Policy, or
as violating any provision of these Terms of Use, or
applicable law or regulation;
or any other applicable laws and regulations;
or
such transaction places the Company’s
operation, good name, or reputation at risk. In
addition, we may contact you to obtain additional
files or submissions, obtain proof of current
location, or other relevant information in attempts
to avoid declining a transaction, although we are
not required to do so under any circumstances. Your
compliance with any information request in
connection with any transaction does not guarantee
or require that such transaction will be executed;
execution of any transaction shall be at our sole
and exclusive discretion. Whenever we decline a
Sale transaction for any reason, we will transfer
the Digital Currency that we received from you back
to you in accordance with your instructions; in
order to provide such returns, subject to the terms
and conditions contained herein, we will request
that you provide a Wallet Address to which we will
transfer the Digital Currency. However, we reserve
the right to decline transfers to such Wallet
Address and require you to provide an alternative
Wallet Address at our sole reasonable discretion. If
you neglect or refuse to provide a Wallet Address
that is acceptable to us, as determined in our sole
reasonable discretion, we may take any additional
actions available to us under these Terms of Use or
other applicable laws and regulations with respect
to such transaction.
Users Content
Should you upload any content on the Site, including
without limitations, any text, photo, or other
material, you warrant that such content will not
consist of:
false, misleading information or
misappropriation;
copyrighted material which you
are not authorized to post publicly;
obscene,
offensive, profane, unlawful content or any content
which, subject to Company’s sole discretion, may
harm or risk the Company’s good name and reputation;
or
anything that is otherwise prohibited by any
applicable laws.
Without relieving you of your responsibility as
abovementioned, the Company may, subject to the
Company’s sole discretion, remove any content which
is in violation of the above detailed in addition to
any further action which the Company deems
necessary. The Company does not undertake to review
any such content nor assumes any responsibility in
connection therewith.
You acknowledge that the Company cannot and does not
endorse or guarantee the authenticity, identity or
reliability of any content and information either
posted by any user of the Site or attributed to any
user of the Site, thus relying on users’ content is
solely at your own discretion and risk.
Payment Transactions, Third Party Processors, and
Chargebacks
You are fully responsible for paying all sums
(whether Fiat Money or Digital Currency) owed to us
by you. We reserve the right to withhold any payment
which is to be made to you until the Company can
properly identify and authenticate your identity
and/or payment details (as applicable).
You acknowledge that the Company may, subject to the
Company’s sole discretion, use third-party payment
processing service providers to process any payment
between you and the Company, including but not
limited to payments in relation to your use of the
Services and any transaction executed by you. In
such cases, you confirm that the Company may provide
certain personal information and/or documentation
about you, including with respect to a transaction
executed by you as needed to complete the
transaction or as required under any inquiry or in
the event of detection of fraud or suspicion of
such.
In accordance with the Company’s Privacy Policy, the
Company may use or transfer your information to any
other third party service providers for the purpose
of providing you with the Services under the Site or
the improvement thereof, as well as for any KYC, AML
or CTF procedures, as described hereunder.
If the Company reasonably believes that a fraudulent
act was or is made by you or in connection with your
Account, including use of stolen credit cards or any
other fraudulent activity (including any chargeback
or other reversal of a payment), it reserves the
right to close or suspend your Account, terminate
the Terms of Use, and/or reverse or withhold any
payment. The Company shall be entitled to inform any
relevant authorities or entities (including credit
reference agencies) of any payment fraud or
otherwise unlawful activity, and may employ
collection services to recover payments. The Company
shall not be liable for any unauthorized use by any
third party of credit/debit cards, irrespective of
whether or not the credit/debit cards were reported
stolen.
You further agree that you will not make or attempt
to make any chargebacks, and/or deny or reverse any
payment or deposits that you have made. You hereby
agree that you will reimburse us for any
chargebacks, denial or reversal of your payments or
deposits and any loss suffered by us as a
consequence of this. In any such event, we reserve
the right to cease to provide the Services,
terminate the Terms of Use, withhold payments to
you, and take any further action which we may see as
appropriate.
In connection with any Sale or Purchase, in the
event that we transfer Fiat Money or Digital
Currency to you that you are not properly authorized
by this Agreement to receive or keep, we reserve the
right to offset such amounts with Fiat Money and/or
Digital Currency we receive from you in subsequent
transaction(s), to the full extent permitted by law
and/or this Agreement.
Third Party Services
You may be offered certain additional services,
provided or supplemented by third parties,
integrated into the Site and availed to you on the
Account. You expressly acknowledge that by accepting
these Terms of Use you agree that the Services may
permit you to link to third party websites,
services, or resources and display, include or make
available content, data, information, or other
materials from third parties (“Third Party
Services”). You acknowledge that when
you access Third Party Services, even when made
available on the Account through the Services, you
do so at your own risk, subject to the terms and
conditions applicable to such Third Party Services.
Third Party Services are not under our control, and
you acknowledge that we are not responsible or
liable for the content, functions, accuracy,
legality, appropriateness or any other aspect of
such Third Party Services. The inclusion of any such
link does not imply our endorsement or any
association between us and their operators. You
further acknowledge and agree that we shall not be
responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by
or in connection with the use of or reliance on any
Third Party Services, which may be subject to
disruption due to factors that are outside of our
reasonable control. We accept no responsibility or
liability with respect to such Third Party Services.
Any claims regarding such Third Party Services shall
be directed to the relevant third party only. The
terms and conditions applicable to Third Party
Services shall be the terms and conditions of the
relevant third party. Such third party terms shall
be made available to you in the course of using such
Third Party Services. By using Third Party Services,
you agree to engage with the relevant third party
and agree to be subject to such third party’s
terms and any other terms made available to you by
such third party on its platform. Third Party
Services may, in the Company’s sole discretion, be
offered in jurisdictions irrespective of Restricted
Locations (as defined below) or TPT Locations (as
defined below).
Third Party Services may include, without
limitation, the following:
Third Party Transactions:
TPT Terms.The terms and
conditions applicable to a Third Party Transaction
shall be the terms and conditions of the relevant
third party (the “TPT Terms”). Such
TPT Terms shall be made available to you in the
course of placing that Third Party Transaction. By
commencing a Third Party Transaction, you agree to
engage with the relevant third party and agree to be
subject to such third party’s TPT Terms and
any other terms made available to you by such third
party on its platform.
TPT Privacy Policy.The
privacy policy applicable to a Third Party
Transaction shall be the privacy policy of the
relevant third party (the “TPT Privacy
Policy”). Such TPT Privacy Policy shall
be made available to you in the course of placing
that Third Party Transaction. By commencing a Third
Party Transaction, you agree to be subject to such
third party’s TPT Privacy Policy.
TPT Verification.In the
course of any Third Party Transaction, you may be
required to undergo a verification process of your
personal details by the relevant third party
(the “TPT Verification”), which is
separate and independent from any verification
process that you may have previously undergone (with
us, or in the course of placing an earlier Third
Party Transaction).You acknowledge that any
information and/or documentation provided by you in
the course of a TPT Verification shall be provided
directly to the relevant third party and be subject
only to such third party’s TPT Privacy Policy. By
commencing a Third Party Transaction, you agree to
undergo any TPT Verification that may be required of
you by such third party.
Sharing of Data for Third Party Transactions.
You acknowledge that on any Third Party Transaction,
we may share with the relevant third party some of
your data, including specifications of that Third
Party Transaction (Fiat Money and Digital Currency
amounts, destination Wallet Address, and payment
details).
Final TPT Price.You
acknowledge that the Digital Currency quote
presented to you when commencing a Third Party
Transaction is based on the rate conducted by the
relevant third party at that time (the “TPT
Quote”), and that the TPT Quote—which
is only relevant at the time of the Third Party
Transaction’s creation—is not final and can change
by the time the Third Party Transaction is
completed, according to such third party’s TPT Terms
(the “Final TPT Price”);
accordingly, a display of this Third Party
Transaction, which may be presented in your “My
Account” page on the Site, may not present the Final
TPT Price.
No Liability for Third Party
Transactions.For the
avoidance of doubt, we bear no responsibility for
Third Party Transactions. Any claims regarding such
Third Party Transactions shall be directed to the
relevant third party only. The inclusion of any such
link does not imply our endorsement or any
association between us and their operators. You
further acknowledge and agree that we shall not be
responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by
or in connection with the use of or reliance on any
Third Party.
External Wallet Service:
We may recommend or refer you to a Wallet Service
administered by an external third-party provider
(“External Wallet Service”),
however, the use of such External Wallet Service
shall be at your sole discretion; (iii) The terms
and conditions and privacy policy applicable to your
use of an External Wallet Service shall be the terms
and conditions and privacy policy of the relevant
provider of such External Wallet Service; (iv)
Company shall not be liable in any way in connection
with your use of an External Wallet Service.
Use of Our Technology and Intellectual Property
You may only use the Site and all content derived
from the Site, including, but not limited to, the
copyright and all other intellectual property rights
in the Site, in connection with the Services for
your personal and non-commercial use and in
accordance with the Terms of Use. The Site’s code,
structure and organization are protected by
intellectual property rights. You must not:
copy, redistribute, publish, reverse engineer,
decompile, disassemble, modify, translate or make
any attempt to access the source code to create
derivative works of the source code, or otherwise;
sell, assign, sublicense, transfer, distribute
or lease your access to the Site;
make the
Site available to any third party through a private
computer network; or
use the Site in a manner
prohibited by any laws or regulations which apply to
the use of the Site (collectively the
“ProhibitedActs“).
You will be liable to us for any damage, costs or
expenses we suffer or incur that arise out of or in
connection with your commission of any of the
Prohibited Acts. you shall notify us as soon as
reasonably possible after becoming aware of the
commission by any person of any of the Prohibited
Acts and shall provide us with reasonable assistance
with any investigations we may conduct as a result
of the information provided by you in this respect.
The brand names relating to the Site and any other
trade marks, service marks and/or trade names used
by us, or on our own behalf (the
“TradeMarks“),
are owned by us or our licensors. In addition to the
rights in the Trade Marks, we and/or our licensors
own the rights in all other content of the Site (the
“Content“). By using
the Services you shall not obtain any rights in the
Trade Marks or the Content, and you may use the
Trade Marks and Content in accordance with the terms
of the Terms of Use only.
Availability of the Site. The Company cannot
and does not guarantee the availability of the
Services or the Site at all times. You acknowledge
that the Company reserves the right, at all times,
to delay, deny, or make unavailable, at any time and
at its sole discretion, any or all of the Services
and/or the Site itself. The Company shall have no
responsibility or liability whatsoever in connection
with the unavailability of any Service, whether
caused by the Company as aforementioned or by any
third party or force majeure. You explicitly
understand that any such event may cause a delay in
the execution or processing of your orders and
transactions, and you irrevocably release the
Company of any liability in this regard.
Security and Viruses. Any use of the
internet may be subject to a virus attack and/or
communication failure. The Company shall not bear
any liability, whatsoever, for any damage or
interruptions caused by computer viruses, spyware,
Trojan horses, worms or other malware that may
affect your systems, computer or other equipment, or
any phishing, spoofing or other virus attacks. The
Company recommends that all Members [users] use a
reputable and available virus screening and
prevention software at all times. You should also
apply caution when reviewing text messages and
emails purporting to originate from the Company, as
SMS and emails are also vulnerable to phishing and
spoofing and additional viruses. It is advisable
that you log into your Account through the Site only
and avoid using unauthentic communication advising
you options to log in.
Confidential Information. Provided that any
information is disclosed to you in the course of
using the Services that a reasonable investor knows,
or should know, is of a confidential or proprietary
nature (“Confidential
Information”), you are obligated to
keep such Confidential Information in strict
confidence and use it in connection with the
Services only. You may not disclose such
Confidential Information without the Company’s prior
written consent.
Compliance
Your use of the Site and Services must be in
compliance with all laws and regulations applicable
to you based on your applicable jurisdiction. It is
your exclusive responsibility to ensure that your
use of the Site and Services is compliant with the
applicable laws and regulations.
Where the Company believes that your use of the Site
and Services may not be fully compliant with
applicable laws and regulations, including, but not
limited to, where there is any reason to suspect
that your use of the Services involves any
prohibited activities or you otherwise fail to
complete the KYC, AML and CTF procedures described
under Section 15 below, we may refuse to provide
you access to the Site or the Services, process your
transactions or accept you as a customer, in
addition to any other action which we may deem
reasonable.
Applicable Sanctions. You warrant that you
will comply with all applicable international
economic and export sanctions and any requirement
therein. Without limiting the generality of the
aforementioned, you will not use the Services
available on the Site if any of the following
applies to you:
You are a national or resident of Iran, North Korea,
Cuba, Syria or the Crimea region (of the Ukraine /
Russia), or any other country included in the US
embargo, United Nations sanctions, HM
Treasury’s financial sanctions regime (the
“Restricted Territories”) or you
intend to distribute or provide the acquired Digital
Currency or the Services to the Restricted
Territories;
Your name appears on the US Treasury
Department’s Specially Designated Nationals
List or the US Commerce Department’s Denied
Persons List, Unverified List, Entity List HM
Treasury’s financial sanctions regime (the
“Restricted Persons”) or you intend
to distribute or provide the Services to any person
of the Restricted Persons; and
You are on a prescribed sanctions list.
You fully understand and accept that we may not make
the Services available in all markets and regions,
and may restrict or prohibit the use of the Services
from, and by residents or nationals of, certain
jurisdictions (“Restricted
Locations” – listed, as amended
from time to time). You, therefore, further
represent and warrant that you are not located in,
under the control of, or a national or resident of
any Restricted Locations. If you attempt to access
the Services from any Restricted Location, the
Services or a part thereof may be provided to you by
a third-party partner(s) of the Company, in which
case, you will be subject in full to such third
party’s terms of service.
Notwithstanding the above, in some markets and
regions, we may choose not to provide our Services
but rather offer you the opportunity to engage in
Third Party Transactions. These markets and regions
are defined as “TPT Locations” in
these terms of use and are listed, under “Locations
Served by Third Parties”, as amended from time to
time.
Applicable Taxes. You are exclusively
responsible to inquire with respect to the taxes
applicable to your transactions on the Site. The
Company is not and will in no event be deemed as
providing any tax advice or consultation. It is your
responsibility to report and remit the taxes payable
to the appropriate tax authorities.
Account Suspension, Termination, and Cancellation
You acknowledge that, at any time, the Company will
be entitled to:
suspend your Account and your
Access to the Site and the Services,
terminate
the Terms of Use and your access to the Site and
close your Account,
refuse processing, cancel or
reverse any transaction of Digital Currencies,
regardless if corresponding funds have been debited
from your payment method;
restrict your Account;
and/or
prohibit access to the Site and its
content or tools, delay or remove hosted content,
and take technical and legal measures to keep users
off the Site, all of the aforementioned for any
reason whatsoever, all subject to the Company’s sole
discretion, including without limitation as a result
of the following:
violation of these Terms of
Use, including without limitations, failure to pay
for any transaction;
attempts to gain
unauthorized access to the Site or another Member’s
account or to provide assistance to others’ attempt
to do so;
the Company has reasonable suspicion
that a transaction involves illegal activity,
including without limitations, money laundering,
financing of terrorism, fraud, or any other crime;
he Company reasonably suspects that your
Account or any transaction is related to prohibited
use or is non-compliant with any applicable laws or
regulations;
the Company is requested to do so
by a court order, law enforcement or other
government or regulatory order or if your Account is
subject to litigation or investigation;
you
abuse the Services provided by the Company,
including by opening multiple accounts and/or taking
advantages of promotions in bad faith;
any of
the Company’s third party providers denies providing
you the Services;
the Company believes you
are creating problems or possible legal liabilities;
force majeure events, including operational and
technical errors;
no transaction with respect to
the Services has been carried out by you for twelve
or more consecutive months;
the Company
believes that you adversely affect its reputation;
the Company reasonably believes that your
Account is associated with any account that has been
suspended or terminated for breach of the Terms of
Use or suspended for any other reason
you did
not provide information upon the request of the
Company or the information provided does not meet
the Company’s requirements; or
the Company
believes your Account and/or transaction does not
meet the Company’s risk tolerance.
Notwithstanding the abovementioned, the Company may,
in its sole discretion, suspend or terminate your
access to the Site and/or the Services, or refuse to
open an account for you on any other grounds.
In the event the Company should suspend or terminate
your access to your Account and the Services, you
shall neither be able to access your Account nor use
any or all of the Services. In such event of
termination or suspension, we reserve the right to:
cancel outstanding and/or pending orders to
purchase Digital Currency from us or to sell Digital
Currency to us; and
withhold any Fiat Money
which you have paid to us for the purchase of
Digital Currency from us for which you have not
received, or withhold any Digital Currency that you
have transferred to us for the Sale of Digital
Currency to us for any Fiat Money you have not
received.
In the event your Account is suspended or terminated
by the Company, the Company may provide you with
notice of such suspension or termination. In
addition, you acknowledge that the Company is not
obligated to disclose any findings and information
acquired by the Company’s security and risk
management procedures.
Termination by you. You may terminate your Account
at any time by submitting your request to terminate
your Account at support@lends-trade.com. No
termination fee shall apply, except that you will be
responsible for fulfilling any outstanding payment
obligations to the Company existing as of the
effective date of termination and to settle any
pending transactions. The Company reserves the right
to suspend any pending transactions at the time of
cancellation.
On termination of the Terms of Use, you shall:
stop using the Site and the Services;
pay us
any Fiat Money which you owe to us;
provide to
us any Digital Currency which you owe to us.
The right to terminate the Terms of Use and to close
your account shall not stop you or us from
exercising any other right or remedy under the Terms
of Use, whether with respect to the termination or
to any other event.
Upon the termination of the Terms of Use for any
reason, except as otherwise provided in the Terms of
Use, and subject to any rights or obligations which
have accrued prior to termination, neither party
shall have any further obligation to the other under
the Terms of Use.
Retaining or Erasing Information. Following the
termination of the Terms of Use, the Company may
retain information for as long as we have a business
or tax need or as required under applicable laws,
regulations and/or government orders from time to
time; provided, however, in cases where such a need
or government requirement does not exist, the
Company shall endeavor to erase and discard your
data, all subject to the limitations and
requirements under the applicable laws and
regulations.
Limitations of Liability Release
The services and the site are provided on an
“as is” and “as available”
basis without any representation or warranty,
whether express, implied or statutory. The company
specifically disclaims any implied warranties of
title, merchantability, satisfactory quality,
fitness for a particular purpose and/or
non-infringement. The company does not make any
representations or warranties that your access to
the site, the services, and/or any part or materials
made available therein, will be complete, error
free, continuous, uninterrupted, accurate, that
defects will be corrected, and/or the server that
makes the site available are free of viruses and
bugs, and makes no representation pertaining to the
full functionality, accuracy, reliability of the
materials and/or as to results, or the accuracy of
any information obtained by you through the services
and/or site. The entire risk as to the use, quality,
and performance of the services and/or site lies
with you.
the company has no obligation to maintain your
account name or password. The company shall not be
liable if you misplace, forget or lose your account
name or password because of anything other than the
company’s negligence.
to the maximum extent permitted by applicable law,
in no event will the company, its affiliates or
service providers, or any of their respective
officers, directors, agents, joint venturers,
employees or representatives, be liable to you or
anyone on your behalf for any direct, indirect,
special, incidental, intangible, or consequential
damages or loss of any kind, including without
limitations, loss of business, profits, revenues,
data, contracts or anticipated savings, and./or loss
or any damage arising from your use of the site or
services or software, whether based in contract,
tort, negligence, strict liability, or otherwise,
arising out of or in connection with authorized or
unauthorized use of the site and/or services.
you agree that any claim or cause of action which
you may have arising out of or related to use of the
site, services, or the terms of use must be filed
within one (1) year after such claim or cause of
action arose or be forever barred.
we shall not be liable to you in anyway whatsoever
for the transfer of any and all digital currency if
you provide us with any incorrect and/or incomplete,
public key, and/or digital wallet address details.
in addition, we shall not be liable to you in any
way whatsoever for the transfer of any and all fiat
money if you provide us with any incorrect and/or
incomplete payment details.
The Company specifically makes no warranties,
representations or guarantees regarding the time
required to complete processing any request provided
by you, including electronic debit or credit using
credit cards, bank accounts or checks, which are
dependent upon many factors beyond the
Company’s control. Without derogating from the
aforementioned, the Company makes commercially
reasonable efforts to process your requests in a
timely manner.
Although the Company intends to provide accurate and
timely information on the Site (including, without
limitation, the Content), the Site 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 be changed or updated from time to
time without notice. 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.
You further agree that the Company shall not be
liable to you or any third party for any amendment
or termination of the Company Services and/or Terms
of Use, or suspension of your access to the Company
Services, except to the extent otherwise expressly
set forth herein.
Nothing in the Terms of Use will operate so as to
exclude any liability of the Company for death or
personal injury that is caused by the
Company’s negligence.
without derogating from any other provision in the
terms of use, in no event shall our liability to you
exceed 50 usd in aggregate.
Any disputes between you and any other Member and/or
user of the Site shall be exclusively resolved
between you and such Member and/or user, and you
release the Company, its affiliates and service
providers, and each of their respective officers,
directors, agents, joint ventures, employees and
representatives from any and all claims,
demands, and damages (actual and consequential) of
every kind and nature arising out of or in any way
connected with such disputes.
Indemnification
You agree
to defend, indemnify and hold harmless the Company,
its affiliates and service providers, and any of
their respective employees, officers, directors,
agents, joint ventures, and representatives, from
any claims, demands, liabilities, damages, or costs
(including attorneys’ fees, fines, or
penalties) suffered by the Company and arising out
of or related to:
breach by you of the Terms of
Use;
your use of the Site or Services or use by
any other person accessing the Site or the
Services using your user identification, whether or
not with your knowledge and/or authorization; or
any violation by you of any law, rule,
regulation, or the rights of any third party.
Modifications to the Terms of Use
The Company may amend, modify, update and change any
of the terms and conditions of the Terms of Use from
time to time, including without limitation, as a
result of legal and regulatory changes, security
reasons and changes to our Services.
The Company will notify you of any such amendment,
update, modification or change by publishing a new
version of the Terms of Use on the relevant page of
the Site, or by notifying you by email. Any new
version of the Terms of Use will take effect
twenty-four (24) hours after its publication on the
Site (or earlier if required by any law, regulation
or directive which applies to either us or you), and
your use of the Site and/or the Services after this
period will be deemed to constitute your acceptance
of such new version of the Terms of Use.
Please check for updates to the Terms of Use on a
regular basis.
If you do not agree with any modification to the
Terms of Use, your sole and exclusive remedy is to
terminate your use of the Site and/or Services and
close your Account.
External Websites
The
Company makes no representations, and takes no
responsibility whatsoever regarding any third party
websites, services, or content that you may access
through the Site. The Site may present links or
other forms of reference to other websites (the
“External Websites”) or resources
over which Company has no control. You acknowledge
that the Company may present such links or
references to you only as a convenience and that
Company does not endorse any of the External Website
services or offerings made to you or any content
provided therein. The Company is not responsible for
the availability of, and content provided on
External Websites. You are requested to review the
policies posted by the External Websites regarding
privacy and other topics before use. The Company is
not responsible for third party content accessible
through the Site, including opinions, advice,
statements, prices, activities, and advertisements,
and you shall bear all risks associated with the use
of such content. It is up to you to take precautions
to ensure that whatever you select for your use is
free of such items as viruses, worms, Trojan horses
and other items of a destructive nature. If you
access any such External Websites you agree that you
do so at your own risk and you agree that we will
have no liability arising from your use of or access
to any External Websites.
No Financial Advice
For the
avoidance of doubt, the Company does not provide any
investment advice, recommendation, or guidance,
whether in connection with the Services or
otherwise. We may provide information on the price,
range, volatility of Digital Currency and events
that have affected the price of Digital Currency,
but this is not considered investment advice and
should not be construed as such. No communication
between us and you should be considered any form of
investment advice. Any decision to purchase or sell
Digital Currency is your exclusive decision at your
own risk and the Company will not be liable for any
loss suffered. You should consult your own legal
and/or tax advisors concerning your specific
financial situation.
Lack of Financial Regulation
Our business model
and our Services consist of facilitating the buying
and selling of Digital Currency from and to the
Company in an unregulated, international, open
payment system. Despite the aforementioned, certain
jurisdictions apply regulations or may apply such
regulations at any time, in which case, the Terms of
Use, including the provision of the Services, may be
amended accordingly or terminated to the extent such
amendments are not possible. You agree and
understand that legislative and regulatory changes
or actions at a state, federal, or international
level may adversely affect the use, transfer,
exchange, and/or value of Digital Currency.
Know-Your-Customer (“KYC”),
Anti-Money Laundering (“AML”) and Combating
the Financing of Terrorism (“CTF”)
Procedures
As part of our commitment to combat financial
crimes, we have implemented procedures and systems
aimed at allowing us to identify and mitigate the
risks our Site and Services being misused
for illegal purposes. These include our KYC, AML and
CTF procedures, which are based on our collection of
information about our Users, the assessment of
AML/CTF risks associated with their activities, and
the ongoing monitoring of transactions made by them.
Where we have any suspicion that our business
relationship with you, or a specific transaction
which you wish to make, involve any risk of money
laundering, financing of terrorism or any other
financial crime or prohibited activity, we may, at
our sole discretion, refuse to accept you as a
customer, terminate any engagement with you, refuse
to process any transaction, and take any other
action we deem necessary, including reporting our
suspicion to the competent legal authorities. We
will not be obligated to inform you of any such
action we choose to take, nor to provide you any
explanation of our reasons for taking them or for
our suspicions.
For the purpose of conducting the abovementioned
checks, we may collect certain personal information
about you, either from you or from external sources.
Any such information about you shall be kept and
utilized in accordance with our Privacy Policy. By
making any use of the Site and the Services you
represent and warrant that all information provided
by you to us is correct, accurate and complete, and
explicitly consent to the collection of additional
information about you from third parties, including
financial and credit institutions, governmental
authorities and external databases.
Risks
The trading of goods and products, real or virtual,
as well as virtual (digital) currencies, involves
significant risks. Prices can fluctuate on any given
day. Due to such price fluctuations, you may
increase or lose value in your assets at any given
moment. Any currency, virtual or not, may be subject
to large or sudden shifts in value and may even
become worthless. There is an inherent risk that
losses will occur as a result of buying, selling or
trading anything on a market. You should be aware
that the risk of loss in trading or holding Digital
Currencies can be substantial.
Digital Currency trading also has special risks not
generally shared with official currencies or goods
or commodities in a market. Unlike most currencies,
which are backed by governments or other legal
entities, or by commodities such as gold or silver,
Digital Currency is a unique kind of currency,
backed by technology and trust. There is no central
bank or government regulator that can take
corrective measures to protect the value of the
Digital Currency in a crisis, issue more currency,
or balance the price fluctuations.
Instead, Digital Currency is an autonomous and
largely unregulated worldwide system of currency
firms and individuals. Traders and market
participants put their trust in a digital,
decentralized and partially anonymous system that
relies on peer-to-peer networking and cryptography
to maintain its integrity. Thus, the value of
Digital Currency may be derived from the continued
willingness of market participants to exchange Fiat
Currency for Digital Currency, which may result in
the potential for the permanent and total loss of
value of a particular Digital Currency should the
market for that Digital Currency disappear.
Digital Currency trading may be susceptible to
irrational (or rational) bubbles or loss of
confidence, which could collapse relative to demand
and supply. For example, confidence in Digital
Currency might collapse as a result of unexpected
changes imposed by software developers or others, a
government crackdown, the creation of superior
competing alternative currencies, or a deflationary
or inflationary spiral. Confidence might also
collapse because of technical problems, for example,
if the anonymity of the system is compromised, if
money is lost or stolen, or if hackers or
governments are able to prevent transactions from
settling.
Transactions in the Digital Currency may be
irreversible, and, accordingly, losses due to
fraudulent or accidental transactions may not be
recoverable.
Due to the nature of Digital Currency, any
technological difficulties experienced by the
Company could prevent the access or use of a
Member’s Digital Currency.
The abovementioned is not a closed list, there may
be additional risks that we have not foreseen or
identified in our Terms of Use. You should carefully
assess whether your financial standing and tolerance
for risk are suitable for buying, selling or trading
Digital Currency.
The Company uses banking providers in order to
receive your funds and to make payments. Our banking
providers do not transfer Digital Currency, exchange
Digital Currency, or provide any services in
connection with Digital Currency.
Markets for Digital Currency have varying degrees of
liquidity. Some are quite liquid while others may be
thinner or illiquid. The Company does not
guarantee any profit from trading or any other
activity associated with the site.
in light of the abovementioned risks, which are not
a comprehensive list, you should carefully consider
if holding digital currency is suitable for you
depending on your financial circumstances.
Customer Service
You hereby expressly consent to us using the contact
details provided by you on registration to
occasionally contact you directly in relation to
your use of the Services or any other products or
services offered by us from time to time.
If you have any questions, feedbacks or complaints,
you may contact Company via Company’s customer
support at support@metamaticoin.org.
Please provide identifying information such as your
name, address, and any other information that the
Company may need to identify you, your Account,
and/or the transaction on which you have feedback,
questions, or complaints.
For service quality assurance, calls made by you to
the customer service department may be recorded.
We will not tolerate any abusive behavior exhibited
by users of the Services to our employees. In the
event we deem that your behavior, via telephone,
live chat, email or otherwise, has been abusive or
derogatory towards any of our employees, we shall
have the right to close your Account with us and
terminate the Terms of Use and such act will be
considered as a breach of the Terms of Use by you.
Geneal Provisions
Entire Agreement. These Terms of Use,
comprise the entire understanding and agreements
between you and the Company as to the subject matter
hereof, and supersedes any and all prior
discussions, agreements and understandings of any
kind (including without limitation any prior
versions of this Agreement), and every nature
between you and the Company. Section headings in
this Agreement are for convenience only, and shall
not govern the meaning or interpretation of any
provision of this Agreement.
Relationship of the Parties. Both you and
the Company are independent contractors, and nothing
in these Terms of Use shall be deemed to create
between you and the Company any other form of
relationship, and the parties shall not be deemed to
be partners, joint ventures or agents. You are not
authorized to make any obligations on behalf of the
Company.
Assignment. You may not assign any rights
and/or licenses granted under these Terms of Use,
including without limitation, the right to use the
Account which is exclusively for your personal use.
The Company reserves the right to assign our rights
without restriction, including without limitation to
any Company affiliates or subsidiaries, or to any
successor in interest of any business associated
with the Company Services. Any attempted transfer or
assignment in violation hereof shall be null and
void. Subject to the foregoing, these Terms of Use
will bind and inure to the benefit of the parties,
their successors and permitted assigns.
Severability. If any provision of these
Terms of Use shall be determined to be invalid or
unenforceable under any rule, law or regulation or
any governmental agency, local, state, or federal,
such provision will be changed and interpreted to
accomplish the objectives of the provision to the
greatest extent possible under any applicable law
and the validity or enforceability of any other
provision of these Terms of Use shall not be
affected.
Change of Control. In the event that the
Company is acquired by or merged with a third party
entity, the Company reserves the right, in any of
these circumstances, to transfer or assign the
information that the Company has collected from you,
including any personal information, as part of such
merger, acquisition, sale, or other change of
control.
Survival. All provisions of these Terms of
Use which by their nature extend beyond the
expiration or termination of these Terms of Use,
including, without limitation, sections pertaining
to suspension or termination, Company Account
cancellation, debts owed to the Company, general use
of the Company Site, disputes with Company, and
general provisions.
Disputes and Governing Law. You and the
Company agree that any dispute arising and relating
to these Terms of Use shall first be resolved by
contacting the other party directly in the attempt
to reach an amicable resolution. The Company shall
contact you using the information you provided in
your Account, and you shall contact the Company as
set forth under Section 17 above (Customer
Service). You and the Company agree that
any and all controversies and claims that cannot be
resolved amicably will submitted to the exclusive
jurisdiction of the competent courts located in
Dublin, Ireland and shall be governed by the laws of
the Republic of Ireland without giving effect to its
principles or rules of conflict of laws, to the
extent such principles or rules are not mandatorily
applicable by statute and would permit or require
the application of the laws of another jurisdiction.
.
Force Majeure. Company shall not be liable
for delays, failure in performance or interruption
of service which results directly or indirectly from
any cause or condition beyond its 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 terrorism, civil
disturbance, war, strike or other labor dispute,
fire, interruption in telecommunications or Internet
services or network provider services, failure of
equipment and/or software, other catastrophe or any
other occurrence which is beyond Company’s
reasonable control and shall not affect the validity
and enforceability of any remaining provisions.
English Language Controls. Any translation
of the Terms of Use, if provided, is provided for
your convenience alone. The meanings of terms,
conditions and representations herein are subject to
definitions and interpretations in the English
language. Any translation provided may not
accurately represent the information in the original
English.
