TERMS AND CONDITIONSAND+CONDITIONS.pdf · ACCEPTANCE OF TERMS The following consists of the terms...

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TERMS AND CONDITIONS SUMMARY OF TERMS OF USE THIS SUMMARY OF OUR TERMS OF USE OFFERS YOU AN OVERVIEW OF THE KEY TERMS THAT APPLY TO YOUR USE OF OUR WEBSITE. WHILE WE HOPE THIS SUMMARY SECTION IS HELPFUL, YOU SHOULD READ THE COMPLETE TERMS OF USE BELOW SINCE THEY PROVIDE IMPORTANT INFORMATION ABOUT HOW OUR SERVICES AND WEBSITE WORKS. OUR SERVICES YOUGETCOINS PROVIDES YOU WITH A SIMPLE AND CONVENIENT WAY TO PURCHASE EXCHANGE DIGITAL COINS AND TOKENS (SUCH AS BITCOIN, LITECOIN, ETHEREUM, ETC.). YOUGETCOINS PROVIDES A GATEWAY TO CRYPTO-CURRENCY EXCHANGES SO THAT YOU MAY PURCHASE OR EXCHANGE DIGITAL COINS FOR OTHER TYPES OF DIGITAL COINS AND TOKENS (“DIGITAL CURRENCY”) WITHOUT REGISTERING TO VARIOUS DIGITAL CURRENCY EXCHANGES, BUT RATHER VIA THE PLATFORM PROVIDED ON OUR WEBSITE. PLEASE NOTE THAT THE RANGE OF SERVICES AVAILABLE TO YOU WILL DEPEND IN PART UPON THE COUNTRY OR U.S. STATE FROM WHICH YOU ACCESS YOUGETCOINS. YOUGETCOINS PROVIDES YOU WITH A PLATFORM THAT FACILITATES YOUR EXCHANGE SELECTIONS WITH RELEVANT EXCHANGES IN A MANNER THAT ALLOWS ONE-STOP-SHOP ON OUR WEBSITE. USERS ARE NOT ABLE TO PREDETERMINE A EXCHANGE VIA A PARTICULAR EXCHANGE. 1. ACCEPTANCE OF TERMS The following consists of the terms and conditions governing your ("you" or "user") access to and use of this yougetcoins.com website (the “Website”), is owned and operated by Cloudfin OU with Registered address: Tallinn, Peterburi tee 47, 11415, Estonia and Operational Address: 77 Sir John Rogerson’s Quay, Grand Canal Docklands, Dublin 2, Republic of Ireland, cryptocurrency exchanging licensed company under European regulation, (the “Company” or “we,” “us,” “our”) and our services made available to you via the Website including on or from any mobile device and the content, features and services therein (collectively, the "Services"). These Terms of Use together with the YouGetCoins Privacy Policy (the "Terms") constitute a binding agreement between you and us, and by continuing to use and/or utilize the Services (in whole or in part) via the Website or in any way or manner you agree to abide by, and that you are bound, by these Terms. If you do not understand and/or do not agree to these Terms, you should immediately exit the Services and avoid making any use of the Services. We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, we shall notify you via email or by means of a prominent notice via the Website. You should check our Services periodically and review changes to the Terms. Unless stated otherwise in a written agreement between you and us, we may at our discretion, at any time, change the commissions for the Services (the "Fees"), under any payment conditions as we deem fit. Such changes shall apply only to payments made after the change is made. By continuing to use the Service following any modifications in these Terms, you agree to be bound by such

Transcript of TERMS AND CONDITIONSAND+CONDITIONS.pdf · ACCEPTANCE OF TERMS The following consists of the terms...

Page 1: TERMS AND CONDITIONSAND+CONDITIONS.pdf · ACCEPTANCE OF TERMS The following consists of the terms and conditions governing your ("you" or "user") access to and use of this yougetcoins.com

TERMS AND CONDITIONS

SUMMARY OF TERMS OF USE

THIS SUMMARY OF OUR TERMS OF USE OFFERS YOU AN OVERVIEW OF THE KEY TERMS THAT APPLY TO YOUR

USE OF OUR WEBSITE. WHILE WE HOPE THIS SUMMARY SECTION IS HELPFUL, YOU SHOULD READ THE

COMPLETE TERMS OF USE BELOW SINCE THEY PROVIDE IMPORTANT INFORMATION ABOUT HOW OUR

SERVICES AND WEBSITE WORKS.

OUR SERVICES

YOUGETCOINS PROVIDES YOU WITH A SIMPLE AND CONVENIENT WAY TO PURCHASE EXCHANGE DIGITAL

COINS AND TOKENS (SUCH AS BITCOIN, LITECOIN, ETHEREUM, ETC.). YOUGETCOINS PROVIDES A GATEWAY TO

CRYPTO-CURRENCY EXCHANGES SO THAT YOU MAY PURCHASE OR EXCHANGE DIGITAL COINS FOR OTHER

TYPES OF DIGITAL COINS AND TOKENS (“DIGITAL CURRENCY”) WITHOUT REGISTERING TO VARIOUS DIGITAL

CURRENCY EXCHANGES, BUT RATHER VIA THE PLATFORM PROVIDED ON OUR WEBSITE. PLEASE NOTE THAT

THE RANGE OF SERVICES AVAILABLE TO YOU WILL DEPEND IN PART UPON THE COUNTRY OR U.S. STATE FROM

WHICH YOU ACCESS YOUGETCOINS.

YOUGETCOINS PROVIDES YOU WITH A PLATFORM THAT FACILITATES YOUR EXCHANGE SELECTIONS WITH

RELEVANT EXCHANGES IN A MANNER THAT ALLOWS ONE-STOP-SHOP ON OUR WEBSITE. USERS ARE NOT ABLE

TO PREDETERMINE A EXCHANGE VIA A PARTICULAR EXCHANGE.

1. ACCEPTANCE OF TERMS

The following consists of the terms and conditions governing your ("you" or "user") access to and use of this

yougetcoins.com website (the “Website”), is owned and operated by Cloudfin OU with Registered address:

Tallinn, Peterburi tee 47, 11415, Estonia and Operational Address: 77 Sir John Rogerson’s Quay, Grand Canal

Docklands, Dublin 2, Republic of Ireland, cryptocurrency exchanging licensed company under European

regulation, (the “Company” or “we,” “us,” “our”) and our services made available to you via the Website

including on or from any mobile device and the content, features and services therein (collectively, the

"Services"). These Terms of Use together with the YouGetCoins Privacy Policy (the "Terms") constitute a

binding agreement between you and us, and by continuing to use and/or utilize the Services (in whole or in

part) via the Website or in any way or manner you agree to abide by, and that you are bound, by these Terms.

If you do not understand and/or do not agree to these Terms, you should immediately exit the Services and

avoid making any use of the Services.

We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change,

we shall notify you via email or by means of a prominent notice via the Website. You should check our Services

periodically and review changes to the Terms. Unless stated otherwise in a written agreement between you

and us, we may at our discretion, at any time, change the commissions for the Services (the "Fees"), under any

payment conditions as we deem fit. Such changes shall apply only to payments made after the change is made.

By continuing to use the Service following any modifications in these Terms, you agree to be bound by such

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modifications. If you do not agree to the provisions of these Terms, your only remedy is to discontinue your use

of the Services and to cancel any Accounts (as defined below) you have created using the Services.

Depending on your country of residence, you may not be eligible to use all the Services of the Website. It is

your responsibility to comply with those rules and laws in your country of residence and/or country from

which you access this Website and Services. To avoid any doubt, the ability to access our Website does not

necessarily mean that our Services and/or your activities through the Website are legal under the laws,

regulations or directives relevant to your country of residence.

2. LIMITED LICENSE TO ACCESS THE SERVICES

Subject to the terms and conditions set forth herein (including, without limitation, payment of applicable Fees),

we hereby grant to you, and you hereby accept, a personal, nonexclusive, non-transferable, non-sublicensable,

revocable, limited license to access and make personal non-commercial use of the Services, only according to

the terms of these Terms. The license shall be granted until terminated in accordance with the terms hereof.

3. LIMITATIONS ON USE; USER REPRESENTATIONS

You undertake to use the Services solely for your own personal use for lawful non-commercial purposes only

and for no other purpose whatsoever. Except as specifically permitted herein, you agree not to (i) sell, license

(or sub-license), lease, assign, transfer, pledge, or share your Account (as defined below) and/or any of your

rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the

Services; (iii) refer to the Services by use of framing and/or deep-linking; (iv) make use of the Services in any

jurisdiction where same are illegal or which would subject the Company or its affiliates to any registration

requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to

use the Services for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other

harmful, infringing, illegal, disruptive or destructive content, messages or files; (vii) access the Services through

or use with the Services any unauthorized means, services or tools, including, without limitation, any data

mining, robots, or similar automated means or data gathering and extraction tools, including, without

limitation, in order to extract for re-utilization of any parts of this Services; (viii) distribute, publish, send, or

facilitate the sending of any advertisements, spam, inappropriate, inaccurate, misleading, fraudulent, libelous,

defamatory, offensive, threatening, abusive or otherwise illegal content or content which infringes Intellectual

Property Rights (as defined below) of third parties or their right for privacy; (ix) copy, modify, translate, reverse

engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction),

make any attempt to discover the source code of the Services and/or any other software available on the

Services or create derivative works thereof; (x) create false personas, multiple identities, multiple user

accounts, set up an Account on behalf of someone other than yourself, harass, stalk or threaten any user; (xi)

attempt to obtain passwords or other private information from other users including personally identifiable

information in any form or manner whatsoever, including, without limitation, identification documents, or

financial information; (xii) attempt to interfere with, hack into or decipher any transmissions to or from the

servers for the Service; (xiii) develop, distribute, use, or publicly inform any third party of any script,

application, code, error or bug, which may provide access to features or parts of the Services or any advantage

or feature not as intended by the Company, including, without limitation, "auto" programs, "macro" programs

or any other "cheat utility"; (xiv) access or use an Account which has been rented, leased, sold, exchanged or

otherwise transferred from the Account creator without the Company’s prior written permission; (xv) engage

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in any fraudulent activity, including, without limitation, in respect of payment methods or advertiser tracking

mechanisms; (xvi) interfere with the ability of others to use the Services, including, without limitation, by

disrupting, overburdening or aiding the disruption or overburdening of the servers of the Services, or taking

actions that interfere with or materially increase the cost to provide the Services to all its users; (xvii) download

or otherwise export or re-export the Services or underlying information or technology (a) into (or to a national

or resident of) Cuba, Iraq, Libya, North Korea, Lebanon, Iran, Syria or any other country to which the U.S. has

embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or

the U.S. Commerce Department's Table of Denial Orders.

You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, infrastructure

(such as internet access), software, hardware and services required for getting access to and using the Services.

You represent and warrant to the Company that: (a) you will comply with all applicable laws, regulations,

statutes, ordinances and with the terms and policies of any and all third party service providers approved by

the Company, whose services interface with the Services; (b) you are not located in, under the control of, or a

national or resident of any of the countries or entities referred to in section a. below and/or any country or

entity that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a

“terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties;

(c) you hereby declare that you are eighteen (18) years old or older and undertake to monitor your Account to

ensure that no minor under that age has access to the Services. You accept full responsibility for any

unauthorized use of the Services.

Your use of the Service must be in compliance with all laws, regulations, anti-money laundering provisions and

KYC regulations applicable to you based on your applicable jurisdiction. It is your exclusive responsibility to

ensure that your use of the Website and Services is compliant with the applicable laws and regulations.

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 Company Website if any of the following applies to you: (a) you are a national or resident of Cuba,

Iraq, Libya, North Korea, Lebanon, Iran, Syria or any other country to which the U.S. embargo, UN sanctions,

HM Treasury's financial sanctions regime or you intend to distribute or provide the acquired Digital Currency or

the Services to the Restricted Territories; or (b) your name appears on the U.S. Treasury Department's Specially

Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List

HM Treasury's financial sanctions regime or you intend to distribute or provide the Services to any person that

appears on such lists; or (c) you are a Politically Exposed Person (PEP).

4. YOUR ACCOUNT

By opening an account to use the Services (the “Account”), you expressly represent and warrant: You have

accepted these Terms; and you are at least 18 years of age and have the full legal capacity to accept these

Terms and enter into a transaction involving Digital Currency.

Use of the Website and the Services is subject to completing the initial registration process, a KYC process, and

Anti Money Laundering process by providing accurate information and documentation, including without

limitations, your name, e-mail address, password, and affirming your acceptance of these Terms. The

aforementioned notwithstanding, the Company may, in its sole discretion, deny you the option to establish the

Account, or limit the Accounts that any user may establish and maintain at any time.

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You acknowledge that in addition to the above, certain features of Company’s Services require that you

provide Company with additional personal information and/or documentation, which may include without

limitations, your address, telephone number, ID number, birth date, taxpayer identification number and

information regarding your personal bank account details.

You warrant that any and all of the personal information submitted as may be required, is accurate and

authentic. Furthermore, you warrant to update the Company with respect to any changes in or of the

information submitted to Company. The company may use or transfer your information to third party service

providers for the purpose of providing you with the Services under the Website or the improvement thereof.

You acknowledge that the Company performs inquiries to verify your personal information, whether directly or

through the assistance of third party service providers in its attempt to prevent misidentification, fraud,

suspicious activity or money laundering or any other forbidden activity and may take actions with respect to

the outcome of such inquiries as it deems necessary. You hereby provide Company with your authorization for

such inquiries as aforementioned, including with respect to a query of your Account information.

During the process of creating an Account to access the Services, you will be required to select a username and

password, and in addition you may voluntarily fill out additional details, such as gender, age, and other

personal information. You are solely responsible for any actions performed in the Services under your user

name and password. Keeping your password safe is your sole responsibility. If you have any reasons to suspect

that your password was discovered by any third party or that there was an unauthorized access to your

Account you will immediately notify us and modify your login information. Our employees will never (other

than password reset via e-mail if requested by you) ask you for your password in any way and will not initiate

contact with you asking for answers to your password security questions.

You are responsible for the security of your Account’s login and password. You are solely responsible for any

damage caused by reason of any act or omission resulting in improper or illegal use of your Account.

You agree to provide accurate and complete information about yourself during the registration process and

you also agree not to impersonate another person or entity, and not to hide your identity from the Company

for any reason whatsoever. The Company carefully treats the information you provide to us according to the

disclosure of information provided during the registration process and Privacy Policy.

For reasons of data security, in case of multiple error login attempts, suspicious IP or any other security risks

with your account, we may lock your account up to 48 hours, during that time you will not be able to access

your account and make exchanges/transactions, in case of funds value lost or missed opportunities the

Company shall have no liability in this regard, whatsoever.

5. WALLET

For the purpose of using the Services and your Account, you may need a virtual wallet (the "Wallet").

For the purpose of executing any Transaction (as defined below), as needed, you guarantee to use and provide

the 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.

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Should the user wish to transfer funds stored in an Exchange to a private Wallet, the user will enter the

Wallet address in the Website/ transfer request form, and then the user will receive a confirmation email

stating the Wallet address with a secured confirmation link. Upon following the confirmation link, the user will

enable the system to approve the Wallet and execute the transaction of funds from the Exchange to user's

private Wallet. Should the user enter a wrong Wallet address which is later confirmed by the user using the

secured confirmation link, the Company shall not be liable in any way whatsoever, in the event that funds are

lost as a result of such mistaken Wallet address by user.

6. TRANSACTIONS

Our business model, and our Services, consists of facilitating the buying of Digital Currency from the Company

or third party and selling of Digital Currency to the Company or third party, subject to Company’s discretion, in

an unregulated, international, open payment system. Despite the aforementioned, certain jurisdictions apply

regulations or may apply such regulations at a later time, in which case the provision of the Services will be

amended accordingly or terminated to the extent such amendments are not possible.

The Services offered to users with Accounts include purchasing, selling to the Company if applicable, and

transferring of Digital Currency to your personal Wallet address which was provided by you to the Company in

accordance with your instructions as submitted by you through the Website (each transaction is hereinafter

referred to as "Transaction").

Transactions conducted through the Services are always carried out through one exchange market (an

"Exchange"). The Company shall notify the user which Exchange was used during a Transaction.

Once a transaction is complete, the Digital Currency is stored in an Exchange, and the user is able to transfer

the Digital Currency to a private Wallet using My Account in the website.

If the user decides not to transfer the Digital Currency to a private Wallet, the Digital Currency is stored in the

Exchange under the Company's corporate account with the Exchange. In the event that funds stored in an

Exchange account are lost for any reason (security breach / halt/block of service, etc.) the Company will do its

best efforts see return or reimbursement of such funds from the Exchange, however the Company shall have

no liability in this regard, whatsoever.

All Transactions are pending confirmation process. Pending Transactions are considered not completed

Transactions and may remain unconfirmed for the duration necessary for the confirmation of such Transaction.

The Company does not guarantee that every Transaction the user instructs the Company to facilitate shall be

successful. The Company shall not charge you until the Transaction has been completed. The Company shall

not be liable for any ordered Transaction that is not completed for any reason, at the Company’s sole

discretion.

Company reserves the right to deny processing any pending Transaction if required to do so by law,

regulations, competent court order or other competent authority or in the event any Digital Currency

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Transaction is in violation of any provision of these Terms of Use or puts the Company’s operation, good name

or reputation at risk. In addition, Company may take any additional actions as available to it under any laws or

regulations and these Terms of Use with respect to such Transaction.

You are exclusively responsible to inquire with respect to the taxes applicable to your Transactions on the

Website. 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.

The Company, at its sole discretion, may exchange Digital Currency for fiat (monetary currency), but the

Company is not obligated to do so.

7. PURCHASE, SALE, AND EXCHANGE OF DIGITAL CURRENCY TRANSACTIONS

Following successfully establishing your Account, including certain verification process as required by the

Company, you may begin purchasing, selling and exchanging of Digital Currency on a per Transaction basis.

The Company cannot guarantee that all payment methods will be available to you. The availability of each

payment method depends on a number of 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.

You acknowledge that Company will not be liable for any error with respect to your instructions as provided.

Using the purchasing Services on the Company’s Website does not provide you with a guarantee that you will

be able to sell the purchased Digital Currency to the Company or any third party at a later time and at no event

will the Company be obligated to purchase from you any Digital Currency.

Company will use reasonable efforts to deliver the purchased Digital Currency to you at the earliest possibility

following your request for delivery and subject to confirmation of your payment method. However, you

acknowledge that delivery of the Digital Currency purchased by you may be completed separately from the

actual debit from your payment method, and may take time for the Digital Currency transfer to be processed.

Company may provide you with the option to sell or exchange your Digital Currency, which shall not be

deemed as Company’s obligation to purchase any Digital Currency.

Sale and exchange of Digital Currency via the Website, is also subject to successfully establishing your Account,

including certain verification process as required by the Company, and by providing your valid payment method

to the Company.

Receipt of funds will depend on the payment type you have provided, and may take a certain amount of

business days subject to third party providers.

8. FEES; REFUNDS

The Fee quoted on the Website for each Transaction depends on the Services you choose to use.

Since there is no central bank controlling crypto currencies rates, every website has its own fee. The price you

see on our website is based on CMC (coinmarketcap.com) rate plus our exchange fee, our system updates CMC

price every 2.5 minute around the clock (24/7) which means our price is always updated with CMC prices.

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Company may terminate any Transaction for payment that was declined for any reason. If possible, in the

event of termination of any Transaction, the Company will provide you with notification to that regard.

The Fee as displayed on the Website, will be applicable to each Transaction you execute using the Services. The

applicable Fee will be displayed prior to completing each Transaction. Company reserves the right to make

adjustments to its Fees at any time as appearing on each Transaction.

Successful transactions are subject to a 7% transaction fee.

You acknowledge that Transactions executed are non-cancelable and non- refundable and you cannot change

or reverse any Transaction which has completed or which is currently pending.

Notwithstanding the abovementioned, the Company may try to comply with a request from you to cancel a

Transaction on your Account if Company determines the cancellation is possible, all subject to Company’s sole

discretion and you will have no complaints or demands whatsoever.

9. PAYMENT SERVICE PROVIDERS

You acknowledge that Company may, subject to Company’s sole discretion, use third-party payment processing

service providers to process any local currency payment between you and 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 Company will provide certain 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.

10. RISKS

Exchanging goods or products, real or virtual, as well as Digital Currency involves significant risks. Prices can

fluctuate at any given time. Due to such fluctuations, your assets may increase or lose value, or even become

worthless at any given moment. There is an inherent risk that losses will occur as a result of buying, selling or

exchanging anything on a market.

Digital Currency exchanging has additional and special risks not generally shared with official currencies. 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 “fiat money”, backed by technology and trust. No central bank will

take corrective measures to protect the value of the Digital Currency.

Instead, Digital Currency is an unregulated worldwide and autonomous network of currency, for firms and

individuals to take part in. Digital Currency relies on peer-to-peer networking and cryptography to maintain its

integrity.

Digital Currency exchanging is most likely susceptible to irrational (or rational) "bubbles", which could collapse.

For example, such collapse can be as a result of unexpected governmental changes, technical problems,

hackers, software developers imposed changes, the creation of superior and/or competing alternative

currencies, and other additional risks that we have not foreseen or identified in our Terms.

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Before using the Services for the purpose of purchasing, exchanging and/or exchanging Digital Currency, you

should carefully assess whether your financial standing and tolerance for risk are suitable for such purchasing

and exchanging.

11. FINANCIAL ADVICE

For the avoidance of doubt, Company does not provide any investment advice in connection with the Services

contemplated by these Terms of Use. 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. Any decision to purchase or sell Digital Currency is your exclusive

12. THIRD PARTY'S LINKS

To the extent that the Services contain links to outside services and resources, as well as other crypto-currency

exchange markets, the Company does not control the availability and content of those outside services and

resources. Any concerns regarding any such service or resource, or any link to it, should be directed to such

particular service or resource provider. Links are provided only as an informational resource, simply as a service

and only for your convenience. The Company is not responsible or liable for such links and/or content. Should

you leave the Services via a link contained herein or therein and/or view content that is not provided by us, you

do so at your own risk and the Company shall not be responsible or liable for damages or losses caused in

connection therewith. In as much as you are redirected to linked sites, applications and content, we

recommend you to carefully read and abide by the terms of use and privacy policies of such applications, sites

and content.

Some of the content and materials available through the Services may be provided by third parties. No

reference made in the Services to any specific commercial product, process, stock exchange market, or service

(or provider of such product, process or service) other than such products, processes, or services of the

Company, constitute or imply an endorsement, recommendation or favoring by the Company.

Any opinions, advice, statements, content, services, offers or other information expressed or made available by

such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect

those of the Company and the Company does not endorse, promote, solicit or recommend them in any way.

The Company makes no warranties or representations as to, and shall have no liability for, any of the foregoing.

13. OWNERSHIP OF PROPRIETARY RIGHTS

All the Intellectual Property Rights (as defined below) evidenced by or embodied in and/or

attached/connected/related to the Services, including without limitation any underlying software, platforms,

algorithms, technology, application and website design, any information, services, texts, files, sound, music,

videos, various applications, social graphs, organization, structure, specifications, application "look and feel",

features and related content that may be created in connection with the use of or registration to the Services,

any modifications, enhancements, derivatives thereof and all Intellectual Property Rights related thereto

("Company IPR") are the property of the Company and/or its respective affiliates and/or the Company's

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information providers, advertisers and other licensors, which retain all right, title and interest in connection

therewith.

Other than the limited license set forth in Section 2 above, no transfer or grant of any rights is made or is to be

implied by any provision of these Terms or by any other provision contained in the Services with respect to the

Company IPR or otherwise.

"Intellectual Property Rights" means any and all worldwide, whether registered or not (a) rights associated

with works of authorship, designs and photography including copyrights, copyrights applications' copyright

restrictions, mask work rights, mask work applications and mask work registrations; (b) trademarks, service

marks, domain names, logos, trade names, trade dress and goodwill rights; (c) patents, patent applications and

industrial designs; (d) rights analogous to those set forth herein and any other proprietary rights relating to

intangible property; (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as

applicable) now existing or hereafter filed, issued, or acquired.

14. MONEY LAUNDERING

The Company does not tolerate money laundering and supports the fight against money launderers. The

Company follows the guidelines set by the UK’s Joint Money Laundering Steering Group. The UK is a full

member of the Financial Action Task Force (FATF), the intergovernmental body whose purpose is to combat

money laundering and terrorist financing. Money laundering occurs when funds from an illegal/criminal activity

are moved through the financial system in such a way as to make it appear that the funds have come from

legitimate sources. International Anti-Money Laundering requires financial services institutions to be aware of

potential money laundering abuses that could occur in a customer Account and implement a compliance

program to deter, detect and report potentially suspicious activity. Policies and guidelines have been

implemented to protect the Company and its clients.

The Company now has policies in place to deter people from laundering money. These policies include:

ensuring clients have valid proof of identification;

maintaining records of identification information;

determining that clients are not known or suspected terrorists by checking their names against lists of

known or suspected terrorists;

informing clients that the information they provide may be used to verify their identity

closely following clients’ money transactions

Not accepting cash, money orders, third party transactions, exchange houses transfers or Western

Union transfers.

For questions/comments regarding these policies and/or guidelines, please contact us

at [email protected].

15. PRIVACY

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Our privacy practices are governed by the Company's privacy policy, the most updated copy of which can be

found at the privacy policy available with this App ("Privacy Policy").

16. DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY IPR SHALL BE AT YOUR SOLE RISK. THE

SERVICES, INCLUDING, WITHOUT LIMITATION, COMPANY IPR ARE PROVIDED "AS IS" AND WITHOUT

WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT

TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR

A PARTICULAR PURPOSE.

THE COMPANY DOES NOT WARRANT THAT THE COMPANY IPR AND/OR SERVICES WILL BE UNINTERRUPTED OR

ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE

OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMAPNY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS

OF THE USE OF THE COMPANY IPR OR SERVICES IN TERMS OF THEIR CORRECTNESS, USEFULNESS, ACCURACY,

RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE ARE

NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT

MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE COMPANY IPR.

COMPANY DOES NOT GUARANTEE ANY PROFIT FROM ANY TRANSACTIONS OR ANY OTHER ACTIVITY

ASSOCIATED WITH THE SERVICES AND/OR THE WEBSITE. IN LIGHT OF THE RISKS ABOVEMENTIONED IN

SECTION 6, WHICH ARE NOT A COMPREHENSIVE LIST, YOU SHOULD CAREFULLY CONSIDER IF HOLDING DIGITAL

CURRENCY IS SUITABLE FOR YOU DEPENDING ON YOUR FINANCIAL CIRCUMSTANCES.

YOUR USE THE SERVICES AND THE WEBSITE ARE AT YOUR OWN RISK AND THE COMPANY SHALL NOT BE

RESPONSIBLE FOR ANY DAMAGES OR LOSSES OF ANY KIND THAT YOU SHALL MAY INCUR AS A RESULT OF

MODIFICATIONS AND ENHANCEMENT AND THE TERMINATION AND OR SUSPENSION AND/OR

DISCONTINUATION OF THE WEBSITE OR ANY OF THE SERVICES. THE COMPANY SHALL NOT BE RESPONSIBLE

FOR ANY DAMAGES OR LOSSES YOU MAY SUFFER AS A RESULT OF YOUR USE OR RELIANCE ON THE CONTENT

OF ANY WEBSITE TO WHICH LINKS APPEAR ON THE WEBSITE. ANY THIRD-PARTY LINKS, SERVICES, RESOURCES

AND INFORMATION THAT WE PROVIDE ON OR MAKE AVAILABLE THROUGH THE WEBSITE ARE NOT

CONTROLLED BY US. WE MAKE NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND

INFORMATION, AND WE WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY

SERVICES, RESOURCES OR INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY,

SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

17. LIMITATION OF LIABILITY

TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE

COMPANY AND/OR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS,

LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY,

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EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT,

TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL,

INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS

INTERRUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL,

EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER, TO

YOUR USE OF THE SERVICES AND/OR THE COMPANY IPR, OR RELIANCE ON ANY OF SERVICES AND/OR

THE COMPANY IPR, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY

OTHER FAILURE TO PERFORM BY THE COMPANY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN

THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN

INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.

18. INDEMNIFICATION

You agree to defend, indemnify and hold the Company and anyone on its behalf, including but not limited to,

all of its owners, managers, officers, affiliates, employees, agents, licensors and suppliers harmless from and

against any and all losses, expenses, liabilities, costs, claims, demands, damages (including reasonable

attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in

any manner related to: (i) any use of your Account and/or your use of the Services; (ii) your violation of any

third party right, including, without limitation, any copyright, property, or privacy right; (iii) any breach of these

Terms.

19. TERMINATION

We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services

and/or the Company IPR immediately (including, without limitation, the license set forth in Section 2 above), at

our sole discretion and without notice. Upon termination, you shall immediately cease using the Services

and/or the Company IPR, pay us any applicable Fees and payments (if any) due as of termination and the

following Sections shall survive: 1, 3, 9-23.

Without derogating from any other right and remedy provided to the Company under law and/or these Terms,

the Company reserves the right to limit or revoke your license and access to and/or use of the Services and/or

the Company IPR in its sole discretion, at any time, and for any reason, including, but not limited to technical

difficulties or violation of these Terms. Except for the withdrawal of accumulated funds, you will not be entitled

to any remedy for discontinuing the services, all subject to Company's sole discretion and applicable laws and

regulations. If you have more than one Account, the Company may terminate all of your Accounts. If your

license to use the Services expires or is terminated, the Company may, without notice, delete or deny you

access to any of the Company IPR and/or Services or metadata that may remain in its possession or control.

You or we may terminate your Account and services of this Website at any time, for any reason or for no

reason. To cancel your services, please contact us at [email protected]

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20. DISPUTE POLICY

The parties will attempt in good faith to negotiate a settlement to any claim or dispute between them arising

out of or in connection with the Terns. If the parties fail to agree upon terms of the settlement, either side may

submit the dispute to confidential arbitration proceedings by a sole arbitrator under the ICC ADR Rules, whose

decision shall be final and binding. The arbitration proceedings shall be conducted in English, in Estonia or

another place agreed by parties. Without derogating of the provisions above, this clause explicitly sets

exclusive jurisdiction to said arbitration process, and neither party shall be entitled to submit any dispute to the

courts of its domicile which contradicts said arbitration process.

21. COMPLAINTS

The Company maintains effective and transparent procedures for reasonable prompt complaint handling for

existing and potential retail clients, and we keep records of complaints and measures taken for complaint

resolution. The purpose of this procedure is to ensure fair and consistent dealing with client complaints while

striving to provide the highest level of customer service.

If you wish to file any complaint, please contact us at: [email protected]

22. KYC (Know Your Client) Policy

Know your client policies have become increasingly important worldwide lately, especially among banks and

other financial institutions, in order to prevent identity theft, money laundering, financial fraud and terrorist

activity.

YouBuyCoins holds a zero tolerance fraud policy, and is taking all measures possible to prevent it. Any

fraudulent activity will be documented and all related accounts to it will be immediately closed. All funds in

these accounts will be forfeited.

Prevention:

YouBuyCoins aims to ensure the integrity of any sensitive data it obtains, such as your account information and

the transactions you make, using a variety of security measures and fraud controls. Securing your electronic

transactions requires us to be provided with certain data from you, including your preferred deposit method.

When you deposit funds we will require the following documents

A copy of your valid passport with the signature page

Copies of your credit cards, used to make the deposit (Front side with only the 4 last digits visible, back

side with the CVV covered).

A copy of a recent utility bill in your name and address

A signed purchase history of your online transactions

If you have any questions please don’t hesitate to contact our customer support: [email protected]

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When do I need to provide these documents?

We highly appreciate you taking the time to provide us with all the necessary documents as soon as you can, in

order to avoid any delays in processing your transactions. We require the receipt of all the necessary

documents prior to making any cash transactions to your benefit.

Some circumstances may require us to request these documents before allowing any other activities in your

account, such as deposits or trades.

Please note that if we will not receive the required documents on file, your pending withdrawals will be

cancelled and credited back to your trading account. We will notify you of such event via our system.

How can I send you these documents?

Please scan your documents, or take a high quality digital camera picture, save the images as jpegs, then send

it to us via mail to [email protected]

How do I know my documents are safe with you?

YouBuyCoins holds the security of documentation at highest priority, and treats all documents it receives with

utmost respect and confidentiality. All files we obtain are fully protected using the highest level possible of

encryption at every step of the review process.

We thank you for your cooperation in helping us make YouBuyCoins a safer place to trade.

23. GENERAL

(i) These Terms shall be governed by and construed in accordance with the laws of Estonia, without regard to

the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of

Estonia. The application of the United Nations Convention of Contracts for the International Sale of Goods or

other international laws is expressly excluded; (ii) if any provision of these Terms is held to be unenforceable,

such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is

determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from

the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these

Terms; (iii) You acknowledge and agree that the Company has the right, at any time and for any reason, to

redesign or modify the Company IPR and other elements of the Services or any part thereof; (iv) this is the

entire agreement between you and the Company regarding the subject matter herein; (v) the Company may

assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise

transfer the Terms, or any of your rights or obligations thereunder, to any third party without the prior written

consent of the Company. Any unauthorized assignment will be void and of no force or effect; (vi) nothing in

these Terms shall be considered as granting any rights to third parties towards the Company; (vii) the failure of

either party to enforce any rights granted hereunder or to take action against the other party in the event of

any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or

subsequent actions in the event of future breaches; (viii) all waivers must be in writing. Any waiver or failure to

enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of

such provision on any other occasion; (ix) any cause of action arising out of or related to the service must

commence within one (1) year after the cause of action accrues, otherwise, such cause of action is

permanently barred.

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If you have any further questions or require further clarification, please contact us by sending an e-mail

to: [email protected]

Last updated January 2020.