Terms and Conditions

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE WHICH FORM A LEGALLY BINDING AGREEMENT BETWEEN COIN.FM AND ITS PARENT COMPANY, COIN.FM (“WE” OR “US”) AND YOURSELF (THIS “AGREEMENT”). Please make sure you fully understand the contents of this agreement before accessing or using the website located at https://coin.fm (the “Website”). If you have any doubts about any of your rights and obligations resulting from entering into this agreement, please consult legal counsel in your jurisdiction.

BY ACCESSING AND USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY. BY ACCESSING AND USING THE WEBSITE YOU ALSO AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE WEBSITE AND IMMEDIATELY LEAVE IT.

INTERPRETATION

The headings of the clauses in these Terms of Service shall not be used in the interpretation of, nor modify nor amplify the terms of these Terms of Service, nor any clause of these Terms of Service. Unless a contrary intention clearly appears:

words importing:

  1. any gender includes all genders;
  2. the singular includes the plural and vice versa; and
  3. natural persons include incorporated entities and the state and vice versa;

the following terms have the meanings assigned to them in this clause 1.2, namely:

  1. Account” means an account registered by the User on the Platform, pursuant to which the User can access the Services;
  2. Applicable Laws” in relation to a Party, shall include all and any:
  3. statutes and subordinate legislation and common law; and
  4. regulations; and
  5. ordinances and by laws; and
  6. directives, codes of practice, circulars, guidance notices, judgments and decisions of any competent authority, or any governmental, intergovernmental or supranational body, agency, department or regulatory, self-regulatory or other authority or organization; and
  7. other similar provisions, from time to time, compliance with which is mandatory for that Party;
  8. Business Day” means any day excluding Saturday, Sunday and a public holiday in the jurisdiction(s) where the company is registered;
  9. Company” means COIN.FM;
  10. For the purposes of this agreement, Coin.FM will be herein referred to as the Service Provider;
  11. Confidential Information” means:
  12. any information of whatsoever nature, which has been or may be obtained by a Party from any other Party, whether in writing or in electronic form or pursuant to discussions between the Parties, or which can be obtained by examination, testing, visual inspection or analysis, including, without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, lists, price lists, studies, findings, any inventions or ideas;
  13. analyses, concepts, compilations, studies and other material prepared by or in possession or control of a Party which contain or otherwise reflect or are generated from any such information as is specified in this definition, other than the information in clause 10.4;
  14. Conversion Rate” means the price of a Digital Currency, expressed:
  15. in terms of Fiat Currency or other Digital Currency;
  16. separately as a buy-price or a sell-price, on the Platform and the Digital Currency Wallet, as the case may be;
  17. Conversion Services” means the Digital Currency conversion services more fully described in clauses 5.1.1 and 5.1.2;
  18. Customer” means any natural person that registers an Account in accordance with these Terms of Service;
  19. Digital Currency” means any digital currency available in terms of the Services as determined by the Service Provider from time to time;
  20. Digital Currency Wallet” means a digital currency wallet made available by the Service Provider;
  21. Disclosing Party” means any Party disclosing Confidential Information;
  22. Fiat Currency” means any fiat currency available in respect of the Services, as determined by the Service Provider from time to time;
  23. Force Majeure Event” means an event beyond the reasonable control of the Service Provider which was not caused by, and could not have been reasonably planned for, or avoided by, the Service Provider, including strikes, lockouts and other industrial disputes, war, riot or civil commotion;
  24. Parties” means the parties to these Terms of Service;
  25. Trade Partner” means any vendor partner of the Service Provider that has completed the Verification Procedures determined by the Service Provider and:
  26. that intends to sell/buy Digital Currency from any Customer through the Platform; and
  27. who wishes to accept Digital Currency from Customers as a method of payment through the Site;
  28. Payment Method” means any payment method permitted by the Service Provider, in relation to payments for Transactions from time to time;
  29. Personal Information” means information about an identifiable person, business, or other entity that is not de-identified;
  30. Platform” means the platform hosted by the Service Provider in terms of which the User can enter into Transactions;
  31. Prohibited Jurisdictions/Users” means any of the jurisdictions and/or users who are citizens of or residing in jurisdictions described in Annexure A, and such other jurisdictions and/or users as may be determined by the Service Provider in accordance with clause 21;
  32. Receiving Party” means any Party receiving Confidential Information;
  33. Service Provider” means Coin.FM, subject to clause 2;
  34. Service Provider Intellectual Property” means any and all tangible and intangible rights associated with:

names, brands, all patents, trademarks, works of authorship or creative works, images, photographs, designs, design rights, drawings, sketches, models, samples, copyright (including all copyright in any logos, devices, designs and rights in and to the software used in relation to the Platform), systems, methodologies, specifications, inventions, formulae, source codes, proprietary material, ideas, concepts, trade secrets, procedures, skills, tools, methods, techniques, rights in databases, which are held, used or accessed by the Service Provider from time to time;

any and all data or meta-data generated by the Users and/or the Service Provider in relation to their use and provision of the Services;

any software, code or programming statements and instructions comprising or forming part of the Site and/or Services, and all related documentation, technical data, instructions, information and functional specifications required for operation;

the following domain names:

Coin.FM

*. Coin.FM, whereby “*” indicates any character, composing a subdomain of Coin.FM

the trade secret rights in relation to the Services;

the know-how regarding the Services;

the tradenames and/or word “FM” or any other abbreviated form or derivative of the foregoing, used by the Service Provider from time to time, in each case, whether registered or unregistered, and including all improvements thereto from time to time;

  1. Services” means the following services offered through the Site by the Service Provider:

The User can enter into Transactions on the Platform, on the further terms described in clause 4;

The User can store and use Digital Currency in Digital Currency Wallets, on the further terms described in clause 6;

The User can use the Conversion Services in relation to either of the Services referred to 1.2.25.1 and 1.2.25.2, on the further terms described in clause 5;

Site” means the website operated by the Service Provider, through which the Services are accessed from time to time, accessible at Coin.FM.com or applicable subdomain on the same domain;

Terms of Service” means these terms and conditions of service, including all annexures and schedules;

Transaction” means any sale and exchange of Digital Currency on the Platform, on the further conditions of these Terms of Service;

User” means a Customer and/or a Trade Partner, as the case may be;

Verification Procedures” means any identity verification procedures that may be stipulated by the Service Provider from time to time, including but not limited to Anti-Money Laundering / Know Your Customer (AML/KYC) review processes;

reference to any legislation is to that legislation as amended or re-enacted from time to time and includes any subordinate legislation made from time to time under such legislation. Any reference to a particular section in any legislation is to that section as amended or reenacted from time to time and/or an equivalent measure in any legislation, provided that if as a result of such amendment, the specific requirements of a section referred to in these Terms of Service are changed, the relevant provision of these Terms of Service shall be read also as if it had been amended as necessary, without the necessity for an actual amendment;

if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of these Terms of Service;

when any number of days is prescribed in these Terms of Service, the method for calculation shall be to exclude the first day and include the last day, unless the last day falls on a day that is not a Business Day, in which case the last day shall be the next succeeding Business Day;

if figures are referred to in numerals and in words and if there is any conflict between the two, the words shall prevail;

expressions defined in these Terms of Service shall bear the same meanings in schedules or annexures to these Terms of Service which do not themselves contain their own conflicting definitions;

if any term is defined within the context of any particular clause in these Terms of Service, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of these Terms of Service, notwithstanding that the term has not been defined in this clause 1;

provisions of these Terms of Service may survive the expiration or termination of these Terms of Service if that is expressly provided for or if such survival is necessary to achieve the Parties’ express intention;

the rule of construction that a contract shall be interpreted against the Party responsible for the drafting or preparation of the contract, shall not apply;

any reference in these Terms of Service to a Party shall include a reference to that Party’s assigns expressly permitted under these Terms of Service and, if such Party is liquidated or sequestrated, be applicable also to and binding upon that Party’s liquidator or trustee, as the case may be;

the words “include”, “including” and “in particular” shall be construed as being by way of example or emphasis only and shall not be construed, nor shall they take effect, as limiting the generality of any preceding word(s); and

any reference in these Terms of Service to any other agreement or document shall be construed as a reference to such other agreement or document as same may have been, or may from time to time be, amended, varied, novated or supplemented.

Binding Effect

These Terms of Service constitute the agreement regarding the use of the Site and/or Services by the User, and is concluded between the User and the Service Provider.

These Terms of Service constitute the whole agreement between the Parties relating to the subject matter of these Terms of Service and supersedes any other discussions, agreements and/or understandings regarding the subject matter of these Terms of Service.

In the event of any inconsistency between these Terms of Service and any provisions on the Site, these Terms of Service shall prevail.

Eligibility and provision of the services

To be eligible to use any Service, the User must:

  1. be at least 18 years old, in the case of Customers;
  2. not be resident in any Prohibited Jurisdictions;
  3. provide the Customer Information requested by the Service Provider;
  4. complete any Verification Procedures prescribed by the Service Provider, to the satisfaction of the Service Provider.

The Service Provider may, in the Service Provider’s sole discretion:

  1. refuse to allow the User to register an Account; or
  2. limit the number of Accounts that the User may establish at any time.

Further to clause 3.1.4, the Service Provider may require the User to undergo any Verification Procedures determined by the Service Provider in its sole discretion from to time to time.

The Service Provider reserves the right:

  1. to modify or discontinue, temporarily or permanently, all or any part of any Service and/or the Site, with or without notice; and/or
  2. to impose limitations and/or restrictions on any Service and/or the Site at any time in its sole discretion, including (without limitation), on the bases contemplated in clauses 4.11, 4.12 and 6.4; and/or
  3. to delay or cancel any Transaction relating to any Service if there is any risk of fraud or illegal activity.

The User acknowledges that the inclusion of any hyperlinks or any advertisement of any third party on the Site and/or Platform does not imply endorsement by the Service Provider of their products, services, business or security practices or any association with its operators.

Further, the User acknowledges and agrees that:

accessing and using any third-party websites, apps, products, services, and/or business, is done at the User’s sole and exclusive risk;

the Service Provider has no association with any of the trademarks or brands of the service providers providing the list of available Payment Methods; and

the Service Provider has no association with any of the trademarks or brands of the service providers providing any advertisement.

The Service Provider may, from time to time, request the User’s consent to grant a third-party access or a connection to the User’s Account, either through the third party’s product/service or through the Site. The User agrees that any decision to grant such consent is at its sole and exclusive risk.

The User agrees that the Service Provider shall be entitled to charge the User a fee if there is no Transaction processed on the User’s Account for a specific period, on terms determined by the Service Provider.

Offers and transactions on the platform

Introduction

In this clause 4, the following terms have the meanings assigned to them in this clause 4.1, namely:

Buy Offer” means offers made on the Platform by Coin.FM or the trade partner to buy Digital Currency;

Buyer” means:

in relation to a Buy Offer, Coin.FM or the trade partner that intends buying, or buys, Digital Currency on the Platform;

in relation to a Sell Offer, the Customer that intends buying, or buys, Digital Currency on the Platform,

and a reference to “Buyer” shall mean a reference to the User if the User is such party;

Offer” means either a Buy Offer or a Sell Offer;

Offer Terms” means the terms and conditions related to any Offer, as determined by Coin.FM;

Sell Offer” means offers made on the Platform by Coin.FM or the trade partner to sell Digital Currency;

Seller” means:

in relation to a Buy Offer, Coin.FM or the Customer that offers to sell, or sells, Digital Currency on the Platform;

in relation to a Sell Offer, Coin.FM or the trade partner that offers to sell, or sells, Digital Currency on the Platform,

and a reference to “Seller” shall mean a reference to the User if the User is such party.

Offers

Using the Platform:

Coin.FM may, from time to time, create Buy Offers or Sell Offers on its own behalf or that of its Trade Partners; and Customers may respond to and accept Offers, in each case using the functionality provided on the Platform.

By using the Platform as contemplated in clause 4.2, the User agrees to be bound by the Offer Terms relating to the relevant Offer.

The Offer Terms are valid and binding to the extent that the Offer Terms:

  1. do not conflict with these Terms of Service; and/or
  2. do not conflict with the Applicable Laws.

After acceptance of an Offer on the Platform by the Buyer, the price in relation:

  1. to any Transaction not involving the Conversion Service referred to in clause 5.1.1, is final and cannot be changed without the written consent of the Service Provider;
  1. to any Transaction involving the Conversion Service referred to in clause 5.1.1, shall be determined in accordance with 5.2.

The Buyer must pay for the Transaction using only a Payment Method and may not withhold or delay payment for any reason.

The Seller must release the Digital Currency that is the subject matter of any Transaction once the Seller has received full payment from the Buyer and has notified the Service Provider of same.

The User agrees that a Transaction shall be considered completed when:

  1. the Seller has received payment in relation to the Transaction; and
  2. the Buyer has received the Digital Currency in relation to the Transaction, as contemplated in clause 6.2.1.

The User acknowledges and agrees that the Service Provider may use a third-party payment processor to process any Fiat Currency and/or Digital Currency payment between the User and/or the Service Provider.

By using any services or creating an account on Coin.FM or any related websites (*.coin.fm), the User agrees  to provide personal and financial data for AML/KYC purposes to comply with policies. The User further agrees to data review & processing by Compliance and 3rd parties for AML/KYC purposes. All data will be rigorously evaluated for fit, fraud and risk exposure.

Reversals, cancellations

The User may not cancel, reverse, or change any pending or completed Transaction.

The Service Provider reserves the right to cancel or limit any Offer(s) if the Seller or Buyer breaches:

  1. these Terms of Service; and/or
  2. any other agreement the Seller may have entered into with the Service Provider, if applicable.

The Service Provider reserves the right to cancel or limit any Transaction if:

  1. the Service Provider is unable to provide the Conversion Service; and/or
  2. the cryptocurrency exchange rates on which the Conversion Rate is determined changes above a threshold determined by the Service Provider in its sole discretion.

If any Transaction is cancelled as contemplated in clause 4.12, then both converted and unconverted Digital Currency will be transferred back to the User’s Digital Currency Wallet.

The Buyer must, upon request by the Service Provider, provide proof of payment, in a form acceptable to the Service Provider, for up to 180 days after any Transaction has been completed.

Disputes

If the User is in dispute with the Seller or Buyer in relation to a Transaction, the User must use its best endeavors to resolve the dispute directly with such Seller or Buyer.

If the User is unable to resolve the dispute on the basis described in clause 4.1.3, the User may notify the Service Provider of same.

Upon receipt of any notice contemplated in clause 4.16, the Service Provider will be entitled, but not obliged, to take any further action it deems appropriate. For this purpose, if the Service Provider decides to take any further action as contemplated in this clause, the Buyer consents to the Service Provider providing the Buyer’s Personal Information, if required, to the Seller for purposes of resolving the dispute.

Conversion Services

The Service Provider will procure:

  1. conversion of a Digital Currency to other types of Digital Currency by the Service Provider to complete certain Transactions; or
  2. conversion of a specific Digital Currency in the Digital Currency Wallet of the User to other types of Digital Currency, upon request by the User.

The User acknowledges and agrees that the Conversion Services are subject to the Conversion Rate, which:

  1. shall be a rate estimated by the Service Provider at the time of the Offer; and
  2. shall be finally determined at the time of completing the relevant Transaction and may be different to the rate referred to in clause 5.2.1.

To secure the performance of the User’s obligations in terms of these Terms of Service, the User grants to the Service Provider a lien on and security interest in and to the balances of any Digital Currency in the User’s Digital Currency Wallet.

Digital Currency wallet

The User may use the Digital Currency Wallet:

  1. to deposit, hold and/or withdraw Digital Currency;
  2. to transfer Digital Currency to a third party hosted wallet or repository for Digital Currency;
  3. to facilitate Transactions on the Platform.

In terms of:

  1. deposits to the Digital Currency Wallets, the Service Provider will credit the User’s Digital Currency Wallet with the relevant amount of Digital Currency on completion of the relevant Transaction;
  2. withdrawals from the Digital Currency Wallets:
  3. the Service Provider will immediately debit the User’s Digital Currency Wallet when a withdrawal is authorized by the User;
  4. the User will be liable for all third-party fees associated with such withdrawal.

The Service Fees will apply to deposits and withdrawals from the User’s Digital Currency Wallet.

The User acknowledges and agrees that the User’s use of the Digital Currency Wallet, and/or the functionality of the Digital Currency Wallet may be limited and/or restricted by the Service Provider:

  1. due to any Platform system limitations from time to time; and
  2. if the Service Provider determines that the User must complete any further Verification Procedures.

Use of the services by the user

The User undertakes to use the Services in accordance with these Terms of Service and the Applicable Laws at all times.

The User agrees that the User will not at any time attempt or actually (whether alone or in conjunction with any third party):

  1. alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of any Service and/or the Site;
  2. alter, reverse engineer, modify, circumvent, disable, amend, tamper with or change any security features of any Service and/or the Site;
  3. infect any Service and/or the Site with any software, malware or code that may infect, damage, delay or impede the operation of any Service and/or the Site or which may intercept, alter or interfere with any data generated by or received through any Service and/or the Site;
  4. allow any third party to use the User’s Account in any way or deal with any Services in any manner other than as permitted by these Terms of Service;
  5. access any Account that is not the User’s Account;
  6. access any Service by or through any means other than through the Platform on the Site;
  7. use the Services in any Prohibited Jurisdictions;
  8. use the Services for any Prohibited Activities.

The User agrees that it shall be solely liable for all taxes, penalties, costs, charges or other amounts that they may incur pursuant to their use of the Services.

Limited license in respect of the site

The Service Provider grants the User a limited, non-exclusive, non-transferable license, subject to these Terms of Service, to access and use the Site and related content solely for purposes of accessing and using the Services.

Any use of the Site other than in accordance with clause 8.1 is expressly prohibited and all other right, title, and interest in and to the Site vests in the Service Provider.

The User agrees to not copy, imitate, use, transmit, distribute, sell, license, reverse-engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any part of the Site or related content, in whole or in part.

Suspension and cancellation of accounts

The Service Provider may at any time, and in its sole discretion:

  1. suspend, restrict, or cancel the User’s access to any or all of the Services; and/or
  2. suspend or cancel the User’s Account if:
  3. the Service Provider is so required by the Applicable Laws, or pursuant to any valid order issued by a court or government agency; or
  4. the Service Provider reasonably suspects the User of using the Account in connection with any Prohibited Activity; or
  5. use of the Account is subject to any pending litigation, investigation, or government proceeding; or
  6. the Service Provider determines that the Account may compromise the Service Provider’s compliance obligations in accordance with the Applicable Laws; or
  7. third party service providers and/or licensors to the Service Provider are unable to support the Account.

On the cancellation of a User’s Account, and subject to the Applicable Laws, the User shall be permitted to transfer the User’s Digital Currency in the User’s Digital Currency Wallet(s) for a period of 30 days after the date of cancellation.

The User may cancel the User’s Account at any time by:

  1. requesting a cancellation of the User’s Account using the functionality provided on the Account; and
  2. withdrawing all Digital Currency from the User’s Digital Currency Wallet.

Cancellation of the User’s Account shall only be effective if:

  1. any outstanding amounts that may be owed to the Service Provider are paid by the User;
  2. the User expressly authorizes the Service Provider to cancel or suspend any pending Transactions at the time of cancellation.

Confidentiality

The Receiving Party is obliged to treat all of the Confidential Information as confidential.

The Receiving Party may use the Confidential Information exclusively in relation to the of exercising its rights or fulfilling its obligations in terms of these Terms of Service.

The Receiving Party shall only disclose Confidential Information to its employees and contractors who have a need to access such Confidential Information solely for the purpose referred to in clause 10.2; and have been advised of the obligations of confidentiality and are under obligations of confidentiality substantially similar to those set out in these Terms of Service.

The Receiving Party shall have no obligation to retain as confidential any information which:

  1. was legally in its possession or known to the Receiving Party without any obligation of confidentiality prior to receiving it from the Disclosing Party;
  2. is, or subsequently becomes, legally and publicly available without breach of these Terms of Service;
  3. is independently developed by the Receiving Party, which independent development can be shown by written evidence; or
  4. is legally obtained by the Receiving Party from a third-party source without any obligation of confidentiality.

Subject to the provisions of clause 10.4, the confidentiality obligations of the Receiving Party shall be perpetual and will survive the termination or expiry of these Terms of Service.

The Receiving Party may disclose Confidential Information pursuant to a valid order issued by a court or government agency, provided that the Receiving Party provides the Disclosing Party:

  1. prior written notice of such obligation; and
  2. the opportunity to oppose such disclosure or obtain a protective order.

Force Majeure

If the Service Provider is prevented or restricted directly from carrying out all or any of its obligations under these Terms of Service by a Force Majeure Event, this clause 11 shall apply.

If the Service Provider is prevented or delayed in the performance of any of its obligations under these Terms of Service by a Force Majeure Event, the Service Provider shall notify the User within a reasonable timeframe, specifying the nature and extent of the circumstances giving rise to the Force Majeure Event.

The Service Provider shall, subject to service of the notice under clause 11.2, have no liability in respect of the performance of such of its obligations as are directly prevented by the Force Majeure Event(s) during the continuation of such event(s), and for such time after they cease as is reasonably necessary for the Service Provider to begin re-performing the affected obligation.

Privacy

See our Privacy Policy

Intellectual Property Rights

The User acknowledges and agrees that all right, title and interest in, and to, any the Service Provider Intellectual Property is proprietary to the Service Provider and will remain vested in the Service Provider at all times.

The User therefore unconditionally and irrevocably agrees that the User will not at any time or under any circumstances acquire any rights of any nature in respect of the Service Provider Intellectual Property by using the Services, or on any other basis.

Warranties, representations

The Service Provider makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the Site and/or the Services.

Accordingly, the User’s use of the Site and/or the Services is at the User’s own risk.

The Site and/or Services and all the materials, data, information, software, facilities, services and other content are provided ‘as is’ and ‘as available’ without warranties of any kind, either expressed or implied.

Specifically:

the Service Provider does not warrant that the functions in relation to the Site and/or any Service will be available, uninterrupted or error-free;

the Service Provider does not warrant that any defects in relation to the Site and/or Service will be corrected;

the Service Provider does not warrant that the Site and/or the servers that make them available are free of viruses or other harmful components;

the Service Provider does not provide financial, investment, tax, or legal advice of any sort;

the Service Provider does not broker Transactions on behalf of the User;

all Transactions are executed automatically, and the User is solely responsible for determining the appropriateness of entering into any Transaction, considering the User’s financial and investment resources, plans and tolerances.

The User warrant to and in favor of the Service Provider that:

  1. by accessing any Service and/or the Site, the User is not resident in any of the Prohibited Jurisdictions;
  2. the User will not use the Services for any activities that are unlawful in the place of residence of the User and/or in the jurisdiction of the Company;
  3. the User has the legal capacity to agree to and be bound by these Terms of Service;
  4. the User is 18 years or older;
  5. these Terms of Service constitute a contract valid and binding on the User and enforceable against the User;
  6. the entering into and implementation of these Terms of Service by the User will be in full compliance with the Applicable Laws;
  7. the User understands that dealing in digital assets/cryptocurrency is highly experimental and contains inherent risks of loss of investment;
  8. the User is aware of and understands the risk of incurring losses in the course of, or as a result of, the User’s use of the Services.

Each of the warranties given by the User will:

  1. be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms of Service; and
  2. continue and remain in force irrespective of whether the User’s Account is active, suspended or cancelled; and
  3. be deemed to be material.

Indemnity

The User unconditionally and irrevocably indemnifies and holds the Service Provider (including its directors, agents, contractors and service providers, in whose favor this constitutes a third party stipulation capable of acceptance in writing at any time) harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with:

any breach of these Terms of Service by the User, including (without limitation) the breach of any warranty given by the User;

any dispute between the User and any other party using any Services.

Limitation of Liability, Sole remedy

To the extent permitted in terms of the Applicable Laws, under no circumstances whatsoever, will the Service Provider (including its directors, agents, contractors and service providers, in whose favor this constitutes a third party stipulation capable of acceptance in writing at any time) be liable in any manner for any costs, claims, damages, awards, penalties, or other amounts (and expressly including indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) which may be suffered or incurred by the User (or with which the User has been threatened) arising out of, whether directly or indirectly, the User’s use of the Site and/or Services.

The User agrees that:

  1. the User’s sole and exclusive remedy for any dispute of any nature with the Service Provider (whether in relation to the User’s use of the Site and/or Services or otherwise) is to stop using the Site and/or Services and to immediately cancel the User’s Account;
  2. the User shall have no class-action rights or claims of any nature arising out of any dispute of any nature with the Service Provider (whether in relation to the User’s use of the Site and/or Services or otherwise).

No Assignment

The User will not be entitled to cede its rights or delegate its obligations in terms of these Terms of Service without the express prior written consent of the Service Provider.

The Service Provider shall be entitled to cede its rights or delegate its obligations in terms of these Terms of Service in its sole discretion.

Relationship between the parties

The Parties agree that:

no Party is a partner or agent of any other Party;

no Party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, any other Party; and

these Terms of Service will not be interpreted or construed to create an association, joint venture, or partnership between the Parties or to impose any liability attributable to such a relationship upon any Party.

Notices

Any notice or communication required or permitted to be given by in terms of these Terms of Service shall be valid and effective only if in writing, which shall include giving notice by email.

Any notice to the User sent by email to its chosen e-mail address registered to its Account shall be deemed to have been received on the date of sending (unless the contrary is proved).

Governing law and submission to jurisdiction

These Terms of Service and any matter arising from these Terms of Service shall be governed by and interpreted in accordance with the law.

The Parties consent and submit to the exclusive jurisdiction of the courts of the country of business registration of Con.FM in respect of any litigation arising in terms of these Terms of Service.

Amendments

The Service Provider may amend or modify these Terms of Service by posting on the Site, and the revised Terms of Service shall be effective at such time. Specifically, and without limitation, the Service Provider shall be entitled at any time:

  1. to amend the eligibility criteria referred to in clause 3.1;
  1. to amend the list of Prohibited Jurisdictions;
  1. to update, amend or change any of the available Services.

If the User does not agree with any such modification, the User must cancel the User’s Account. Any further use of the Services after such modification by the User will constitute full acceptance by the User of these Terms of Service.

General

To the extent permissible by the Applicable Laws, the Service Provider shall not be bound by any express, implied or tacit term, representation, warranty, promise or the like not recorded in these Terms of Service, whether it induced the contract and/or whether it was negligent or not.

Any provision in these Terms of Service which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms of Service shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms of Service, without invalidating the remaining provisions of these Terms of Service or affecting the validity or enforceability of such provision in any other jurisdiction.

No part of these Terms of Service shall constitute a stipulation in favor of any person who is not a party to these Terms of Service, unless the provision in question expressly provides that it does constitute such a stipulation.

Annexure A – Prohibited Jurisdictions/Users

  • Residents / Citizens of municipalities or countries where buying and/or selling cryptocurrency is unlawful at the time of the intended transaction (ex: China, Ecuador, Bolivia)
  • Residents / Citizens of countries on the OFAC Sanctions List and any individuals, groups, and entities, designated under programs that are not country-specific.
  • Any individual or entity who, for any reason, does not meet and pass Anti-Money Laundering / Know Your Customer requirements.