By Making Use Of Exchanger’s Services, You Acknowledge And Agree That: (1) You Are Aware Of The Risks Associated With Transactions Of Digital Currencies And Their Derivatives; (2) You Shall Assume All Risks Related To The Use Of Exchanger’s Services And Transactions Of Digital Currencies And Their Derivatives; And (3) Exchanger Shall Not Be Liable For Any Such Risks Or Adverse Outcomes. By Accessing, Using Or Attempting To Use Exchanger Services In Any Capacity, You Acknowledge That You Accept And Agree to be bound by these Terms. If you disagree with any part hereof, please do not use the Exchanger’s Platform or any of the Exchanger’s Services.
You should read this Agreement carefully.
Exchanger is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Web site is correct, complete, and up-to-date.
Although the Exchanger Website may include links providing direct access to other Internet resources, including Web sites, Exchanger is not responsible for the accuracy or content of information contained in these sites. Links from Exchanger to third-party sites do not constitute an endorsement by Exchanger of the parties or their products and services.
Digital Currency Services are not currently regulated by the Financial Conduct Authority or any other regulator. You should therefore carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition.
- GENERAL PROVISIONS.
1.1. Eligibility: To be eligible to use the Exchanger Services, you must be at least 18 years old or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using Exchanger’s Services; (iv) If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) your use of Exchanger’s Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counterterrorist financing.
1.2. Digital Currency Services: The following services (the “Digital Currency Services“) are provided to you by Exchanger: One or more hosted digital currency wallets enabling you to store, track, transfer, and manage your balances of certain supported digital currencies, like BITCOIN, ETHEREUM, (the “Digital Currency” Wallet”and “Digital Currency“respectively); A Digital Currency exchange service enabling you to obtain prices for your purchases and sales of Digital Currencies (a “DC Exchange“); A Digital Currency conversion service enabling you to buy and sell Digital Currencies in transactions with Exchanger (the “Conversion Services“).
- EXCHANGER ACCOUNTS AND ACCESS
2.2. Identity Verification: By Registering an account with us you agree to provide us with the required personal information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Exchanger’s Services and your access to one or more Exchanger’ s Services, including certain transfer and conversion of Digital Currency, and the limits that apply to your use of the Exchanger’s Services, may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorise us to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further Exchanger’s Services and/or before permitting you to engage in transactions beyond certain volume limits. This includes authorizing your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, MTN Nigeria, Globacom, 9 mobile, Airtel or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Exchanger with your wireless operator account profile information for the duration of the business relationship
2.3 Account Usage Requirements
The Exchanger Account can only be used by the account registrant. Exchanger reserves the right to suspend, freeze or cancel the use of Exchanger’s Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Exchanger immediately. Exchanger assumes no liability for any loss or damage arising from the use of Exchanger’s Account by you or any third party with or without your authorization.
2.4 Account Security
Exchanger has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Exchanger’s Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Account and personal information. You should be solely responsible for keeping safe of your Exchanger Account and password, and be responsible for all the transactions under your Exchanger Account. Exchanger assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a Exchanger Account, you
- You will notify Exchanger immediately if you are aware of any unauthorized use of your Exchanger Account and password or any other violation
- You will strictly abide by all mechanisms or procedures of Exchanger regarding security, Authentication, trading, charging, and withdrawal; and
- You will take appropriate steps to logout from Exchanger at the end of each visit.
- DIGITAL CURRENCY SERVICES
3.1. In General: Your Digital Currency Wallet enables you to send Digital Currency to, and request, receive, and store Digital Currency from, third parties by giving instructions through the Exchanger Site (each such transaction is a “Digital Currency Transaction”).
3.2. Digital Currency Transactions: We will process Digital Currency Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requestee or other party. Digital Currency Transactions cannot be reversed once they have been broadcast to the relevant Digital Currency network. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A Digital Currency Transaction is not complete while it is in a pending state. Digital Currency associated with Digital Currency Transactions that are in a pending state will be designated accordingly, and will not be included in your Digital Currency Wallet balance or be available to conduct Digital Currency Transactions. We may charge network fees (minor fees) to process a Digital Currency Transaction on your behalf. We will calculate the network fee in its discretion, although we will always notify you of the network fee at or before the time you authorise the Digital Currency Transaction. We may refuse to process or cancel any pending Digital Currency Transaction as required by law or any court or other authority to which Exchanger is subject in any jurisdiction.
3.3. Supported Digital Currencies: Our Digital Currency Services are available only in connection with those digital currencies that Exchanger supports, and this may change from time to time. Under no circumstances should you attempt to use your Digital Currency Wallet to store, send, request, or receive digital currencies in any form that we do not support (although we will use reasonable efforts to help you move or sell Digital Currency that we no longer support). We assume no responsibility or liability in connection with any attempt to use your Digital Currency Wallet for digital currencies that we do not support.
3.4. Third Party Payments: We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Exchanger Digital Currency Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using Digital Currency transferred using the Exchanger Digital Currency Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party.
3.5. Advanced Protocols: Unless specifically announced on the Exchanger Site or other official public statement of Exchanger, we support (collectively, “Advanced Protocols”). You should not use your Exchanger Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. You acknowledge and agree that we have no responsibility whatsoever in respect of an unsupported Advanced Protocol.
3.6. Operation of Digital Currency Protocols: We do not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform: generally, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security, or availability. You acknowledge and accept the risk that underlying software protocols relating to any Digital Currency you store in your Digital Currency Wallet may change. In particular, the underlying protocols are likely to be subject to sudden changes in operating rules (“forks”), and such forks may materially affect the value, function, and/or the name of the Digital Currency you store in your Digital Currency Wallet. Where possible, we may provide you with notices or alerts on forks. However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. We may, in our reasonable discretion, decline to support either or both branches of a fork. You acknowledge the risks presented by forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of a forked protocol.
- TRANSACTION LIMITS AND ENHANCED DUE DILIGENCE
4.1. Transactions Limits: The use of all Exchanger Services is subject to a limit on the amount of volume, stated in your local currency, you may transact or transfer in a given period (e.g., daily). To view limits, login to your Exchanger Account. Your transaction limits may vary depending on your verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request via support.
4.2 Enhanced Due Diligence: We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Exchanger staff (such process, “Enhanced Due Diligence”). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance. In our discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
- SUSPENSION, TERMINATION, AND CANCELLATION
5.1 Suspension, Termination, and Cancellation. We may: (a) refuse to complete or block, cancel or reverse a transaction you have authorised (b) suspend, restrict, or terminate your access to any or all of the Exchanger Services, and/or (c) deactivate or cancel your Exchanger account with immediate effect for any reason, including but not limited to where: We are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction; We reasonably suspect you of acting in breach of this Agreement; We have concerns that a transaction is erroneous or about the security of your Exchanger Account or we suspect the Exchanger Services are being used in a fraudulent or unauthorised manner; We suspect money laundering, terrorist financing, fraud, or any other financial crime; If your credit or debit card or any other valid payment method linked to your Digital Currency Wallet is declined; Use of your Exchanger Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; and / or You take any action that may circumvent our controls such as opening multiple SteemX Accounts or abusing promotions which we may offer from time to time. We may also refuse to complete a transaction you have authorised where there is insufficient balance in your Exchanger Account and / or insufficient Digital Currency in your Digital Currency Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction. If we refuse to complete a transaction and / or suspend or close your Exchanger Account, or terminate your use of Exchanger Services in this way, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and / or suspend your Exchanger Account we will lift the suspension as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction. We may suspend, restrict, or terminate your access to any or all of the SteemX Services and/or deactivate or cancel your SteemX Account, without reason by giving you two months notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your SteemX Account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you. On termination of this Agreement, unless prohibited by applicable law or by any court or other order to which Exchanger is subject in any jurisdiction, you may: transfer Digital Currency and/or your Digital Currency Wallet(s) for ninety (90) days thereafter.
6.1. Release of Exchanger: If you have a dispute with one or more users of the Exchanger Services, you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives will be liable for any claims, demands and damages (actual and consequential) of any kind or nature arising out of or in any way connected with such disputes.
6.2. Indemnification: You agree to indemnify us, our affiliates and service providers, and each of our or their respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement.
6.3. Limitations of Liability:We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section.
6.3. A. Liability cap: Except as otherwise provided for in this Agreement, neither we, nor our affiliates or service providers, nor any of our or their respective officers, directors, agents, employees or representatives, will be liable for any amount greater than the combined value of the Digital Currency and E-Money on deposit in your E-Money Wallet and your Digital Currency Wallet at any given time. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the amount of the transaction in dispute.
6.3. B. Limitation of loss: In addition to the liability cap at Section 6.3.A. above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
(i) any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a buy or sell transaction properly, your damages are limited to no more than the combined value of the supported Digital Currency and E-Money at issue in the transaction, and that you may not recover for any “loss”of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell. (ii) any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same; (iii) any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data; (iv) any loss or damage whatsoever which does not stem directly from our breach of this Agreement; and / or (v) any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
6.3.C. Applicable law. The limitation of liability in this Section 6.3 is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Exchanger Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractor’s negligence.
6.4. No Warranties: The Exchanger services are provided on an “as is”and “as available”basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law: specifically we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or noninfringement. We do not make any representations or warranties that access to the Exchanger Site, any of the Exchanger Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. We make no representations about the accuracy or completeness of historical Digital Currency price data available on the Exchanger Site. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and cheque issuances are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
6.5. Safety and Security of Your Computer and Devices Exchanger is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. Exchanger customer support will never ask to screen share or otherwise seek to access your computer or account; similarly, we will not ask for your two factor authentication codes. Always log into your Exchanger Account through the Exchanger Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
6.6. No Liability for Breach: We are not liable for any breach of the Agreement where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
- CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION
7.1. Contact Exchanger: If you have any feedback, questions, or complaints, contact us via our Customer Support feed. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Exchanger pay Account, and the transaction on which you have feedback, questions, or complaints
7.2. Complaints: In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint. A Customer Complaints officer (“Officer”) will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided and any information provided by Exchanger. Within 12 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an e-mail (“Resolution Notice”) in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to your complaint within 12 business days for reasons beyond Exchanger’s control, the Officer will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 20 business days from our receipt of your complaint.
7.3. Offers: Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
7.4. Claims: You agree to use the complaints procedure set out at Agreement before contacting the court. You agree to contact the us / or refer a Dispute us in accordance with this Agreement before filing any claim in a competent court. If you do not follow the procedures set out in this Section 7 before filing a claim in a court of competent jurisdiction, we shall have the right to ask the court to dismiss your filing unless and until you complete the steps outlined above.