TERMS AND CONDITIONSAND... · and tokens (such as bitcoin, litecoin, ethereum, etc.). youbuycoins...
Transcript of TERMS AND CONDITIONSAND... · and tokens (such as bitcoin, litecoin, ethereum, etc.). youbuycoins...
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
YOUBUYCOINS PROVIDES YOU WITH A SIMPLE AND CONVENIENT WAY TO PURCHASE EXCHANGE DIGITAL COINS
AND TOKENS (SUCH AS BITCOIN, LITECOIN, ETHEREUM, ETC.). YOUBUYCOINS 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 YOUBUYCOINS.
YOUBUYCOINS 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
youbuycoins.com website (the “Website”), is owned and operated by Lightfort OU with Registered address:
Harju maakond, Tallinn, Lasnamae linnaosa, 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 YouBuyCoins 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
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 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.
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.
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 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.
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.
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
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
15. PRIVACY
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,
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]
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]
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.
If you have any further questions or require further clarification, please contact us by sending an e-mail
Last updated January 2020.