By opening an account to use the Services (the “Account”), you expressly represent and warrant that:
3.1. 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.
3.2. 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.
3.3. 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, taxpayer 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.
3.4. 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.
3.5. 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.
3.6. 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.
3.7. 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.
3.8. 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.
3.9. 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.
3.10. 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.
3.11. 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 email@example.com.
3.12. 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.
3.13. Responsibility for Third Party Acts. 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.
3.14. You agree that you will not use the Services to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. In addition, you warrant not to use 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 determine 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.
3.15. You agree to receive promotional and/or informational emails from us to the email address you provided in your Account. Such emails will be cancelled upon your request using the "unsubscribe" option presented in any such email, when applicable.
4.1. Purchase of Digital Currency. The Services allow Members to buy from the Company Bitcoin and Ethereum and any other digital currency that may be available for purchase on the Site from time to time (the “Digital Currency”).
4.2. Sale of Digital Currency. At the Company’s sole discretion, the Company may also elect to allow Members to sell Digital Currency to the Company.
4.3. Upon successfully opening and establishing your Account following the verification process, you may begin purchasing or selling Digital Currency, as applicable, on a per transaction basis in exchange for USD, EUR, or other currencies as determined by the Company from time to time (collectively and individually, the “Fiat Money”).
4.4. 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.
4.5. Bank Transfers. You understand and accept the following terms pertaining to any wire transfer you send the Company in connection with your purchase order for Digital Currency:
4.6. Delivery of Digital Currency. The Company will use reasonable efforts to deliver the purchased Digital Currency to you at the earliest reasonable time in accordance with the terms and conditions hereunder. You acknowledge that delivery of the Digital Currency purchased by you 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 full fill your purchase order or deliver the Digital Currency as further explained herein.
4.7. Wallet Address. You understand and accept that we shall deliver the purchased Digital Currency to the personal digital wallet address you provide to us with respect to each of your purchase orders (your "Wallet Address") 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. You further understand and accept that in the event you do not verify your Wallet Address within 30 days of our sending such verification request to you, we reserve the right to send you the relevant Digital Currency to the Wallet Address you provided to us upon initiating the applicable order, irrespective of any verification from you. You further understand that once we send you Digital Currency to your Wallet Address, we will be unable retrieve that Digital Currency from your Wallet Address.
4.8. You acknowledge that the Company will not be liable for any error with respect to the instructions you provide.
4.9. No Guarantee of Value or Liquidity. You understand and accept the risks involved in buying and selling 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 at no event, will the Company be obligated to purchase from you any Digital Currency, whether bought from the Company or otherwise. (See also Section, 18, "Risks").
5.1. Price. The rate, at which the Digital Currency is purchased or sold, as applicable, shall be determined in accordance with the price as displayed on the Site (the “Price”).
5.2. Notwithstanding the above, you hereby understand and agree that any Price displayed on the Site at which the Company sells or buys the Digital Currency is accurate for that present moment alone, and the Price which appears on the Site upon your order for the Services 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.
5.3. The final Price of your transaction (the “Final Price”) will be the price which appears on the Site upon:
5.4. 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 favour or in the Company’s and we have no control whatsoever on such change.
5.5. As soon as reasonably practicable thereafter, and subject to the completion of our KYC process 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.
5.6. Delivery. As soon as reasonably practicable after the Execution of your order:
5.7. Any payment by us to you, whether of Fiat Money or Digital Currency, shall be paid after deduction of any applicable fees, including the commission fee, which shall be displayed on the Site at wwwexcoincash.com/faq.
5.8. Cancellation Policy. You acknowledge that Executed transactions are non-cancellable and you cannot change or reverse any transaction - whether completed or pending (including any order in which the Wallet Address has not yet been verified by you, as described in section 4.7 above).
Notwithstanding the above, the Company, in its sole discretion, without any obligation whatsoever, may endeavour 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 sales order after having received Digital Currency from you, the Company will credit you with such Digital Currency minus applicable transaction costs and expenses. Any return for a cancelled transaction shall be at an exchange rate determined in the Company's sole discretion.
5.9. 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: (i) cancel any applicable transaction; (ii) full fill a portion of that transaction; or (iii) 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.
5.10. Ownership of your Wallet Address. For the purpose of executing any transaction, you guarantee to use and provide the electronic wallet address owned by you exclusively and which is under your sole and full control to which the Digital Currency purchased by you will be transferred.
5.11. The Company reserves the right to deny processing any order, or cancel any pending transaction if:
6.1. 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: (a) false, misleading information or misappropriation; (b) copyrighted material which you are not authorized to post publicly; (c) 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 (d) anything that is otherwise prohibited by any applicable laws.
6.2. 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 contents nor assumes any responsibility in connection therewith.
6.3. 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.
7.1. 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).
7.2. Third Party Service Processors. 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.
8.2. 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.
8.4. Availability of the Site. The Company cannot and does not guarantee the availability of the Services 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.
8.5. 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 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.
8.6. Confidential Information. Provided that in the course of using the Services you are disclosed of any 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.
9.1. Your use of the Service 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.
9.2. Where the Company believes that your use of the 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 involve any prohibited activities or you otherwise fail to complete the KYC, AML and CTF procedures described under Section 17 below, we may refuse to provide you the Service, process your transactions or accept you as a client, in addition to any other action which we may deem appropriate.
9.3. 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 Site if any of the following applies to you:
9.4. 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 at 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.
10.2. Notwithstanding the abovementioned, the Company may, subject to its sole discretion, suspend or terminate your access to the Services, or refuse to open an account for you on any other grounds.
10.3. 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: (i) cancel outstanding and/or pending orders to purchase Digital Currency from us; and (ii) withhold any Fiat Money which you have paid to us for the purchase of Digital Currency from us for which you have not received.
10.4. 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.
10.5. Termination by you. You may terminate your Account at any time by submitting your request to terminate your Account at firstname.lastname@example.org. 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.
11.1. 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, AND FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THE SOFTWARE, 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 SOFTWARE OR THE SERVER THAT MAKES IT 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, SOFTWARE AND/OR SITE. THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE SOFTWARE, SERVICES AND/OR SITE LIES WITH YOU.
11.2. 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.
11.3. 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, 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 SOFTWARE, SITE AND/OR SERVICES.
11.5. 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 VIRTUAL 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.
11.6. 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 outside of the Company’s span of control. Without derogating from the aforementioned, the Company makes efforts to process your requests in a timely manner.
11.7. Although the Company intends to provide accurate and timely information on the Site and/or Software (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.
11.11. Release. Any disputes between you and any other user of the Site shall be exclusively resolved between you and such 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.