TERMS OF SERVICE
Last updated: November 07, 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. NOTE THAT SECTIONS 16 AND 17 CONTAINS A BINDING ARBITRATION CLAUSE AND REPRESENTATIVE ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE YOU SHALL NOT EITHER PURCHASE CRYPTOCURRENCY AND/OR USE OUR SERVICES.
These Terms shall enter into force as of the moment you first access the Website or use Services. Should you disagree with any provision of these Terms you shall cease using the Website or any Services immediately. The content of the Website and websites accessible from hyperlinks on the Website, do not form an integral part of these Terms. If you are using Services on behalf of any entity, you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for any damage arising out of a breach of these Terms by you or any other employee or agent of such entity (in such event references to “you” in these Terms refer to you and such entity, jointly).
We will provide notice of any amendment to these Terms by posting any revised document to the Website and the Services and updating the “Last updated” field above accordingly or by any other method we deem appropriate. We are not obligated to provide notice in any other method beyond these. Any change to these Terms will be effective immediately upon such notice and apply to any ongoing or subsequent use of the Website and Services.
By accessing the Website and/or using the Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Website and/or use the Services.
1. Qualifications of User in Order to Use the Website and the Services. You represent and warrant that you are at least eighteen (18) years of age, are legally entitled to use the internet and services like those provided by Company (according to the laws of the Republic of Malta and any relevant jurisdiction in which you reside) and have not had your right to use Services previously suspended or revoked by us. You may neither use the Website or the Services if you are located in, or a citizen or resident (tax or otherwise) or any state, country or another jurisdiction where use of the Website or the Services would be illegal or prohibited or otherwise violate any applicable laws and regulations. You represent and warrant that you are not a citizen or resident (tax or otherwise) of any such jurisdiction and that you will not use neither the Website or the Services while located in any such jurisdiction (“Restricted Person”). You also may not use the Services if you are located in, or a citizen or resident (tax or otherwise) of, any other jurisdiction where Company have determined, at its sole discretion, to prohibit use of the Website and/or the Services. Company may implement controls to restrict access to the Website and/or the Services from any jurisdiction prohibited pursuant to these Terms. You agree to comply with these Terms even if Company’s methods to prevent use of the Website and/or the Services are not effective or can be bypassed.
2. Illegal and Prohibited Use. You represent and warrant that you will not use the Website and/or the Services for any criminal, illegal, or otherwise prohibited use, including (but not limited to) activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. You represent and warrant that you will not use our Website and/or Services to assist any other party in such illegal activity. You represent and warrant that you will not in any way use the Website and/or the Services to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Website’s underlying code or technical mechanisms; cause damage to the Website and/or Company through any means, including (but not limited to) through the use of hacking, malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, blockchain or/and cryptocurrency related attacks, attacks on private keys or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Website. You also agree not to transfer access to your Account (as defined below) or any other rights granted to you by these Terms.
3. Risk Factors. Purchase or/and use of cryptocurrencies and/or Services may be associated with a high degree of risk. The list of risk factors described below is not exhaustive. In addition to the risks disclosed herein, there may exist other risks, which Company at present cannot reasonably forecast. Hereby you represent and warrant that you’ve read, understood and agree with the following risk factors associated with cryptocurrencies and Services:
- (a) the features, functions, characteristics, operation, use and other properties of any cryptocurrency and the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) (“underlying technology”) used to administer, create, issue, transfer, cancel, use or transact in any cryptocurrency may be complex, technical or difficult to understand or evaluate;
- (b) any cryptocurrency and its underlying technology may be vulnerable to attacks on the security, integrity or operation of the underlying technology, including attacks using computing power sufficient to overwhelm the normal operation of a blockchain or other underlying technology;
- (c) any cryptocurrency or underlying technology may change or otherwise cease to operate as expected due to a change made to the underlying technology, a change made using features or functions built into the underlying technology or a change resulting from an attack. These changes may include, without limitation, a “fork” or “rollback” of a cryptocurrency or its blockchain;
- (d) any cryptocurrency may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, attacks, or failure of the cryptocurrency to operate as intended;
- (e) any cryptocurrency may be lost if sent to the wrong address (for example but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of cryptocurrency);
- (f) trading/purchasing of cryptocurrencies involves significant risks, once purchased, the value of cryptocurrency may significantly fluctuate due to various reasons on any given day. Due to said facts, you may unpredictable increase or lose value in any of your assets or funds at any given moment;
- (g) cryptocurrencies by their nature carry significant risks due to the uncertainly of regulations, cryptocurrencies in most are not backed by real assets, goods and/or commodities, and are new type of currency mostly backed by technologies such as the blockchain and surrounded community. Regulatory status of cryptocurrencies is unclear or not defined in many jurisdictions. It shall be your own obligation to be in compliance with applicable laws and regulations in your home jurisdiction;
- (h) in many cases transactions with cryptocurrencies in blockchain are immutable, once you send cryptocurrency you owned to any digital wallet it will be impossible to cancel such payment or claim for refund;
- (i) there also may be additional risks that Company at present cannot reasonable forecast, you should carefully evaluate all possible risks and satisfied yourself to make a reasonable decision of using of cryptocurrencies and Company’s Services.
In addition, you represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any cryptocurrency that you decide to acquire; and (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any cryptocurrency. You accept the risk of receiving, storing and transferring cryptocurrency through the Website and Services, and are responsible for conducting your own independent analysis of the risks specific to cryptocurrency you wish to purchase and the Services.
You hereby confirm and agree that Company will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against the Company and its shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.
4. Representations and Warranties. In connection with the use of our Website, Services, setting up of an Account, purchase of supported cryptocurrency, you represent and warrant the following:
- (a) you are aware of these Terms and other mandatory documents and have acquired sufficient information about the Services and cryptocurrencies to reach an informed and knowledgeable decision to acquire a cryptocurrency via the Services;
- (b) you have read and understand these Terms and you acknowledge and agree that there are risks associated with the Website, Services and cryptocurrencies;
- (c) you have sufficient understanding of cryptocurrencies, their storage mechanisms (such as digital wallets), and blockchain technology;
- (d) you have satisfied yourself as to the full observance of the laws of your jurisdiction in connection with the purchase of a cryptocurrency and any use of the Website and the Services, including (i) the legal requirements within your jurisdiction for the purchase of a cryptocurrency, (ii) any foreign exchange restrictions applicable to such purchase, and (iii) any governmental or other consents that may need to be obtained;
- (e) your purchase, payment for, and receipt of the purchased cryptocurrency will not violate any applicable laws of your jurisdiction;
- (f) you shall comply with any applicable tax obligations in all relevant jurisdiction arising from the purchase of a cryptocurrency;
- (g) you are not Restricted Person and you are not acting on behalf of any unrevealed third party, including Restricted Person.
5. Registration of Account. In order to use our Services, you may need to register an account to access some or all of our Services (“Account”). You represent and warrant that all information and documents provided when creating such an Account is current, complete and accurate. You agree to promptly notify Company of any changes to any information and/or documents that would cause the information provided upon your Account’s creation to no longer be current, complete or accurate. Company at its sole discretion may require you to provide proof of your identity and residence verification and pass any other screening procedures regarding you, Account, your funds or transactions. You also represent and warrant that you understand that at Company’s request while registering the Account you may be asked to confirm your email address in a manner deemed suitable by us. If you refuse to provide such information or it will be determined that you may not use our Website and/or Service for any reason, you will be denied Website and/or Services.
Said verification and screening procedures may include, without limitation, checking the information you provide against any list issued by any governmental or international authority prohibiting or limiting business activities or transactions with any persons. You may be required to provide Company with certain personal information, including, but not limited to, your name, email address, mobile phone data, passport, ID or other government-issued ID, digital wallet address, residency, date of birth, physical address, bank account information, payment card (debit/credit card) information, documents regarding sources of funds and another information and/or documents required to use our Services. You hereby authorize the Company, directly or through a third party, to make any inquiries the Company considers necessary to verify your identity, residency, source of funds or protect against fraud, including but not limited to: (a) query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth); (b) query account information associated with your bank account/card (e.g., name or account balance); and (с) take action Company reasonably deems necessary based on the results of such inquiries and reports. You further authorize all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. Company will have no liability or responsibility for any permanent or temporary inability to access or use any Services, including your inability to interact with service providers through the Website, as a result of any identity verification or other screening procedures.
You agree that you exclusively will access and use your Account, and you may not transfer the right of its use or disclose any log-in credentials to a third party without our written consent. You agree to take full responsibility for any activity that occurs through the use of your Account and cannot transfer this obligation to any third party. You agree to notify Company in the event that you discover or suspect any security breaches or vulnerabilities related to the Website or Services. Unless your Account is opened on behalf of an entity, you will use the Services and your Account only for your own account and not on behalf of, or for the account of, any third party. If your Account is opened on behalf of an entity, you will use the Services and your Account solely for the account of the specified Entity you represent.
While using of the Account you will promptly notify Company if you discover or suspect any unauthorized access or use of your Account or any security breaches related to your Account and be responsible for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account.
6. Purchase of Cryptocurrency
6.1. Company’s Services. The Company provides you with the Services to purchase supported cryptocurrencies by allowing you to pay for such supported cryptocurrencies by your bank card (debit/credit) and after a transaction is completed – receive purchased cryptocurrencies on a digital wallet you owned. The Company currently is not providing any other services in connections with cryptocurrencies such as store and manage of cryptocurrencies, digital wallets services. We will update you when any additional services will be offered by the Company.
6.2. Supported Cryptocurrencies. The only cryptocurrency supported by the Services are Bitcoin, Litecoin. If you want to purchase any cryptocurrency other than Bitcoin or Litecoin, you cannot do it through our Services. We will update you when any additional cryptocurrencies are added to our Services.
6.3. Cryptocurrency Price and Our Commissions. The fees Company charge for the Services applies in accordance with this section. Applicable fees and currently cryptocurrency price based on applicable exchange rates will be displayed in your Account prior to the purchase for any given purchase. In case of cryptocurrency exchange rate and/or price fluctuations, due to technical reasons including, but not limited to forks, delays in transactions, attacks on underlying technology, the Company hereby reserves the right to change the amount of fees to be charged by the Company. In addition, the Company reserves the right to waive and/or reduce any fee at any time, with or without notice.
6.4. Purchase of Cryptocurrency. To purchase the supported cryptocurrencies with Services, log-in to your Account by entering your credentials. You will be taken through a process that will display a cryptocurrency price, Service fee and any other information regarding to proposed transaction. If you agree with offered terms, you shall provide (a) your bank card (debit/credit) credentials and (b) your digital wallet address where purchased cryptocurrency shall be transferred. Never use cryptocurrency exchange digital wallets addresses and/or digital wallets addresses you do not have access or not owned by you. After provision of all necessary information and confirmation of the purchase, the relevant sum of funds will be charged from your bank card (debit/credit), once transaction will be completed in blockchain including, but not limited to receiving of necessary number of confirmations from a blockchain network, purchased cryptocurrency will be credited to your digital wallet. Before processing any transaction(s), the Company reserves the right to take necessary time for the purpose of verifying your identity, verifying your activity and conducting security and other internal procedures in relation to your Account.
6.5. Cryptocurrencies Transactions and Delays in Transactions. The Company does not provide you with any guarantee regarding the value of cryptocurrencies or cryptocurrency transactions term. Any cryptocurrency blockchain consensus network is solely responsible for verifying and confirming proposed transactions that you submit via the Services, and the Company cannot and does not confirm, cancel, or reverse wallet-to-wallet transactions, other than confirmation of blockchain network’s completion of a transaction. Once a transaction request has been submitted to a blockchain network via the Services, such blockchain network will automatically complete or reject the request and you will not be able to cancel or otherwise modify your transaction request. You acknowledge and agree that the Company is not responsible for any errors or omissions that you make in connection with any transaction initiated via the Services as well as for any delays in Transactions. The Services help you submit your transaction request for confirmation to a blockchain network. However, Company have no control over any blockchain network and therefore cannot and does not ensure that any transaction request you submit via the Services will be completed. You acknowledge and agree that the transaction requests you submit via the Services may not be completed, or may be substantially delayed, by a blockchain network. When you complete a transaction request via the Services, you authorize us to submit your transaction request to a blockchain network in accordance with the instructions you provide via the Services.
7. Damages Caused by Vulnerabilities Inherent in the Internet or in Blockchain. You agree that Company is not responsible whatsoever for any damages caused by the interception, loss or alteration to any information sent over the Internet or in blockchain and to any information used to get access to digital wallet(s) on such blockchain. Company takes every reasonable precaution to prevent and mitigate attacks. However, these problems still may occur from time to time for reasons that are out of our control. If Company believes its Website or any Services has been compromised or is under attack, Company reserves the right to immediately stop all Services provided through the Website and/or Website. Company makes no representation and does not warrant the safety of the Website and Services, and is not liable for any damages, lost value or stolen property, regardless of whether Company was negligent in providing appropriate security.
8. Company Does Not Provide Legal, Financial or Other Professional Advice. In no way should our providing of Services and/or information, data or documents located at the Website be considered legal, financial or any other kind of specialized or expert advice on which the User might detrimentally depend, causing liability against Company. In using the Website and Services, you represent and warrant that you have sought any legal, financial or otherwise specialized advice from an expert qualified to provide such counsel, or else you have the sufficient knowledge and sophistication to evaluate the risks and merits associated with our Services and Website. You represent and warrant that you understand that any recommendations or commentary made by Company or its employees or other users should be considered generalized in nature, and you should use your own judgment or seek the advice of an expert before taking any action regardless of such statements. We give no assurance as to the accuracy or completeness of any such statement.
9. License. Company grant you a limited, nonexclusive, nontransferable license (“License”) to access and use our Website and Services. This License is subject to these Terms. Any other use of the Services and Website not expressly permitted by these Terms and Terms of Service is prohibited. All other rights are expressly reserved by Company and our licensors, including any content or functionality as presented on the Website or Services. “Tsallgood”, Website, all logos related to Services or displayed on the Website are trademarks or registered marks of Company or its affiliates/counteragents or relevant third parties. You will not redistribute, claim ownership, license, deconstruct, reverse engineer, alter, incorporate into any other works or websites, or otherwise exploit any such content or functionality without prior express written consent of Company.
10. Termination. We may terminate or suspend your License without prior notice or liability for any reason whatsoever, including (but not limited to) if you breach the Terms. Nothing in these Terms or in any other communication or action by Company or our employees, agents or representatives should be taken as a waiver of any legal remedies available for any event causing termination. All provisions of the Terms which by their nature should survive termination shall survive termination, including (but not limited to) ownership provisions, disclaimers or limitations of obligations or liability, and indemnity.
11. Indemnification. You agree to indemnify, exculpate and hold Company, its representatives, affiliates, employees and service providers harmless from any claim or demand permissible by law arising out of or related to the use of the Services and Website, including but not limited to any breach by you of these Terms or violation of any law, rule, or rights of a third party. You agree to pay for any legal fees or other costs that incurred by Company or any other indemnified parties as a result of your actions or omissions.
12. Disclaimer of Warrants and Guarantees. Company does not guarantee any level of performance or the continued, uninterrupted availability of our Services and Website. We do not guarantee the accuracy of any information provided on the Website. We hereby disclaim all warrants and guarantees that not expressly made in these Terms.
12.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY COMPANY, (A) THE WEBSITE AND SERVICES ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AS TO THE WEBSITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, (II) WE DO NOT REPRESENT OR WARRANT THAT WEBSITE AND SERVIECS ARE RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE WEBSITE AND SERVICES WILL BE CORRECTED, AND (III) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12.2. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13. Liability and Limitation of Liability
13.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL THE COMPANY OR ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE AND SERVICES OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE), AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY AND THE COMPANY PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE OF THE WEBSITE OR SERVICES, EXCEED THE AMOUNT YOU PAY TO US FOR OUR SERVICES FEE.
13.2. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.3. In no event will the aggregate liability of the Company, our licensors, agents, representatives, service providers, or subcontractors for any loss or damage that arises out of, or is connected with, any of the occurrences described above exceed the greater of $50 or the fees for Services that you paid to us for the service we provide through the Services during the month during which the incident occurred. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us, our licensors, agents, representatives, service providers and subcontractors.
14. Release. To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between you and other users of the Services and the acts or omissions of any third parties. You expressly waive any rights you may have under any applicable law as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
16. Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks to bring an individual action in small claims tribunals or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and the Company (i) waive your and the Company’s respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and the Company’s respective rights to a jury trial. Instead, you and the Company will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
17. No Class Arbitration, Class Action or Representative Actions. Any Dispute arising out of or related to these Terms is personal to you and the Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. All Disputes arising in connection with these Terms, or further agreements resulting therefrom, shall be settled and finally resolved by arbitration incorporated in the Republic of Malta in accordance with applicable laws.
18. Survival and Severability. Any portion of these Terms that reasonably should survive the termination of your License or any other agreement is hereby agreed to do so. If any provision of these Terms is deemed illegal, invalid or otherwise invalid for any reason, then that provision will be severed, and the rest of these Terms will remain intact and enforceable.
20. Act of God. Company’s performance under these Terms shall be excused if the failure of such performance is caused by forces beyond its reasonable control. This includes (but is not limited to) acts of God, acts of any government, war or civil unrest, severe weather, fire, natural disasters, political embargos, terrorism, power or equipment failure, industrial or labor disputes or controversies, acts or omissions of any third party, or blockchain failures.
21. Change of Terms. Company may amend these Terms at any time and in its own discretion by posting an updated version on Website and on Services. The updated version becomes effective at the time of posting. It is your responsibility to check updates regularly.