Terms & Conditions of Use and Service
First Posted: April 3, 2016
Last updated: (not yet updated)
By accessing or using the website operated at cryptobroker.io and such other locations as made available from time to time (collectively, the “Website”) and by accessing and using the services We provide through the Website, you (You and Your, together with others using the Website all other Users) signify that you have read, understand and agree to be bound by these Terms and Conditions (the “Terms and Conditions”) with Knights of Satoshi Ltd. ( We, Us, and Our), in all respects with respect to the Website. We are the owner operators of the Website.
PLEASE READ THESE TERMS AND CONDITIONS OF USE AND SERVICE CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
We reserve the right to amend these Terms and Conditions of Service at any time with thirty days’ notice to the last email address We have on record for You and all other Users. We will ensure that the latest, fully-amended version of these Terms and Conditions is published on the Website thirty days after such notice is provided to Users. If any amendment is unacceptable to you, You may terminate the agreement before the amended Terms and Conditions of Service become effective. If You continue to use the Website after the effective date of each amendment, you will be conclusively be bound by the amended terms and conditions.
UNIQUE RISKS OF VIRTUAL CURRENCIES AND OUR SERVICES:
The risk of loss of trading virtual currencies can be substantial and can be classified as ‘speculative’ in terms of classification of financial transactions. The ‘price’ of virtual currencies can fluctuate dramatically and it is possible that someday virtual currencies could have no value at all.
Our Services may be suspended or discontinued at any time for any reason whatsoever and this may
- Legal Capacity and Eligibility. You represent and warrant that You possess the legal right, capacity and ability to agree to these Terms and Conditions and use the Website and the Services. If You are an individual, You represent and warrant that You have reached the age of majority in the jurisdiction in which You reside, and that You are in any event at least 18 years old. If You are using the Website on behalf of a corporation or other organization, You represent and warrant that You have the ability to agree to these Terms and Conditions on behalf of such organization and all references to “You” throughout these Terms and Conditions will include such organization, jointly and severally with You personally.
- (a) Your Account and Account Use and Identity Verification. If You intend to use the Services provided through the Website, You must register as a User of the Website and open an account (the Account); however We reserve the right not to permit You to register an account with Us in Our sole discretion. If You want to use the main features of Our Services You will be required to provide Us with at least the following personal information, including, but not limited to Your contact information, Your legal name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding Your bank account (e.g., financial institution, account type, routing number, and bank account number). You agree to provide true, current, accurate and complete information including all identification information and documentation as requested by Us from time to time and You agree to promptly notify us of any changes to this information as required to keep such information up to date, complete and accurate. You certify that all identification documents submitted to Us are true copies of Your real and original ID documents.
(b) Verifying User Identity. We will likely ask You certain questions or request that You take actions in order to verify Your identity, or to comply with applicable law before You are able to use certain of Our services. You hereby authorize Us to, or for Us to use of third parties to make any inquiries We consider necessary to verify Your identity, protect against fraud and money laundering and generally comply with relevant laws, including verifying identity information contained in public reports (e.g., Your name, address, past addresses, or date of birth), verifying bank and credit/debit card account information, and to take action We reasonably deem necessary based on the results of such inquiries and reports including closing Your account. You further authorize any third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
(c) Your responsibilities. You are solely responsible for ensuring i) Your Account and the maintenance, confidentiality and security of Your Account and all passwords related to Your Account including the digital wallet, and ii) any and all activities that occur under Your Account, including all activities of any persons who gain access to Your Account with or without Your permission. You agree to notify Us (how ? and where ?) immediately of i) any unauthorized use of Your Account, any Service We provide to Your account or any password related to Your Account, or ii) any kind of breach of security with respect to Your Account or any of Our services, and iii) You agree to provide reasonable assistance to Us, as We may request, to deal with any breach of security related to Your Account.
Your Account and the accompanying digital wallet are completely NON-TRANSFERABLE.
- Availability of Services. As is, As available only. See paragraphs 7 and 11.
- License. As long as You remain an account holder in good standing with Us, We grant to You a non-exclusive, non-transferable, limited and revocable license only to use the Website and all of Our Services, in accordance with the provisions set out in these Terms and Conditions of Service. All rights not expressly granted to You in these Terms and Conditions are reserved by us and, if applicable, our licensors.
- Crypto Broker “Services”.
Your Crypto Broker registered online account likely includes at least the following services:
(a) A crypto currency wallet(s) hosted by Us that allows You to store crypto currency private keys, and to track, transfer, and manage the crypto currencies in Your account and through which We are able to facilitate crypto currency transactions pursuant to Your digital signature (the “Wallet”);
(b) An online crypto currency conversion service where Users can buy bitcoin and other cryptocurrencies from, and sell bitcoin and other cryptocurrencies to Us. We set the conversion rate (to buy and to sell) and You agree to accept this as the metric for any conversion transactions that You do with Us; and
(c) For ID verified Users situated in certain countries, You will be able to fund Your various accounts with Canadian Dollars, Chinese Yuan Renminbi, Euros, British Pounds, or U.S. Dollars for use in connection with the conversion services, exchange services and or other services We may offer.
5 Your Obligations to Us When Using the Services:
(a) To select a secure password that is complex and difficult to guess.
(b) To use the Website and Service only in accordance with these Terms and Conditions of Service and only in accordance with acceptable uses set out in paragraph 9 and not engage in prohibited activities or uses as set out in the same paragraph 8 with the list of Appendix A.
(c) Pay the relevant fees associated with each Services provided to You (as disclosed by Us at the time of transaction, transfer in or out).
(d) Your Indemnity of Us—You will indemnify and save us harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from Your misuse of this site in contravention of these Terms and Conditions of Service.
(e) To fund Your account with sufficient fiat or crypto currency or fiat currency to conduct all transactions You intend to do through Our Services. You are responsible for all bank and other third party and crypto currency fees required to transfer funds into and out of Your account.
(f) To pay for all relevant government taxes associated with Your use of the Services.
Electronic Terms of Service Use – Using the Buy/Sell/Transfer in Monies/Withdraw Monies
- Privacy. You acknowledge that You have read the Privacy Statement located on the Website at cryptobroker.io/privacy-policy, as it may be updated from time to time (the “Privacy Statement“), and You hereby consent to the collection, use and disclosure by Us of Your personal information (whether previously collected or to be collected) for all the purposes identified in the policy.
- Website Limitations. The Website depends on the Internet, including networks, cabling, facilities and equipment that is not in Our control; accordingly (i) any representation made by Us regarding access performance, speeds, reliability, availability, use or consistency of the Website is on a “as is, as available” basis only, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private or accurate, and Your anonymity is not guaranteed.
- Acceptable Use and Prohibitions.
- Lawful Use. You will ensure that
- You only use the Website and the Related Services for lawful purposes including for sake of clarity only, not for the purposes of money laundering, funding terrorist activities, etc., and
- if at any time You become aware of any violation, by any person or entity including Yourself, of any part of these Terms and Conditions, You will immediately notify Us and provide us with assistance, as requested, to stop or remedy such violation.
- Prohibited Conduct. Without limiting the generality of any other restriction in these Terms and Conditions, You agree that You will not, in connection with the Website and use of the related Services, directly or directly do or permit anything set out in Appendix A of these Terms and Conditions of Service.
- Lawful Use. You will ensure that
- Suspension, Termination or Cancellation of Your Account(s). We may, in Our sole discretion, suspend, restrict or terminate Your Account and Your use of the Website and Our Services, effective at any time, without notice to You, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by Your use of the Website, any amount is past due from You to Us, we have received a third party complaint which relates to Your use or misuse of the Website, to comply with a court order or legal investigation, to deal with pending litigation, on account of crypto currency attacks, or because You have been or are in breach of any of these Terms and Conditions of Service. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of Your access to the Website and related Services.
We will permit You to transfer crypto currencies or funds associated with the Wallet of Your Account after deducting any relevant fees or monies owed to Us for one hundred (100) days after Account deactivation or cancelation unless such transfer is otherwise prohibited (i) under the law, or (ii) by subpoena or court or relevant tribunal order.
- DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES.
- YOUR ACKNOWLEDGEMENT—YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ALSO ACKNOWLEDGE THAT THERE ARE SPECIAL RISKS ASSOCIATED WITH TRADING VIRTUAL CURRENCIES, INCLUDING RAPID AND SEVERE CHANGES IN THE PRICE OF SUCH ‘CURRENCIES’, THE REAL POSSIBILITY OF INTERVENTION BY GOVERNMENTS IN THE REGULATION OF THE VIRTUAL CURRENCIES AND THE WAY WE ARE ABLE TO PROVIDE OUR SERVICES THROUGH THIS WEBSITE. YOU ACKNOWLEDGE THAT CRYPTO BROKER HAS NO RESPONSIBILITY OR LIABILITY TO YOU FOR ANY GOVERNMENTAL INTERVENTION OR REGULATION OF THE OPERATION OF THE SERVICES WE PROVIDE THROUGH THIS SITE THAT MIGHT AFFECT YOUR ABILITY TO USE IN ANY WAY YOUR ACCOUNT, INCLUDING TRANSFERRING FUNDS AND CRYPTO CURRENCIES INTO AND OUT OF YOUR ACCOUNT.
- DISCLAIMER OF WARRANTIES—WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE OR ANY OTHER SERVICES SUPPLIED UNDER THESE TERMS AND CONDITIONS OF SERVICE. YOU NEED TO ASSESS WHETHER THESE SERVICES WILL MEET YOUR NEEDS. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, SUITABILITY AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.
- APPLICABILITY—SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS AND CONDITIONS CONSISTENT WITH SUCH PROHIBITIONS.
- Computer Viruses. Crypto Broker shall not bear any liability, whatsoever, 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 accessing equipment, or any phishing, spoofing or other attack. We strongly advise You to regularly use 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 Crypto Broker. Always log into Your Crypto Broker Account through the app.cryptobroker.io to review any transactions or required actions if You have any uncertainty regarding the authenticity of any communication or notice.
- Website and Account attacks. Similarly, given the apparent risks inherent in hosting a bitcoin/crypto currency oriented website (and the short history of persistent and major hacking issues of bitcoin brokers), You agree that We are not liable for any losses You may suffer which result from any attack from third parties on Your Crypto Broker Account or Our Website or any of the Services that we Offer.
- GENERAL LIMITATION ON LIABILITY. WITHOUT RESTRICTING ANY OTHER PROVISIONS IN THIS PARAGRAPH, IF CIRCUMSTANCES ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM US, REGARDLESS OF THE FORM OF ACTION OR BASIS OF LIABILITY (INCLUDING STATUTE, CONTRACT, TORTO, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY BREACH OF FUNDAMENTAL TERM OR FUNDAMENTAL BREACH, ETC. ) THE AGGREGATE LIABILITY OF US FOR SUCH DAMAGES IS LIMITED TO THE AMOUNT PAID TO US BY YOU THROUGH YOUR USE OF THE WEBSITE SERVICES DURING THE SIX-MONTH PERIOD PRECEDING THE CIRCUMSTANCES IN WHICH SUCH LIABILITY ARISES.
- NO CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, EXEMPLARY, PUNITIVE, AGGRAVATED, CONSEQUENTIAL OR EQUITABLE DAMAGE OR FOR ANY DAMAGES IN RESPECT OF OR ARISING FROM LOSS OR DAMAGE TO DATA AND/OR ANY OTHER INFORMATION, NON-DISCLOSURE, LOSS OF GOODWILL, LOSS OF ACTUAL OR ANTICIPATED PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES, FIDUCIARY OBLIGATIONS, RESTITUTIONARY LIABILITIES OR ANY OTHER ECONOMIC LOSS WHATSOEVER, HOWEVER CAUSED AND WHETHER OR NOT FORESEEABLE, OR FOR CONTRIBUTION OR INDEMNITY, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS AND CONDITIONS OR THE USE, OR USE OF THE WEBSITE OR ANY OF OUR SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (I) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE WEBSITE OR RELATED SERVICES; (II) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE WEBSITE..
- THESE LIMITATION OF LIABILITY PROVISIONS FORM AN INTEGRAL PART OF OUR AGREEMENT WITH YOU AND REFLECT AN ALLOCATION OF RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST WITH RESPECT TO PERFORMANCE OF YOUR AND OUR OBLIGATIONS UNDER THESE TERMS OF SERVICE THAT WE CONSIDER ESSENTIAL IN ORDER FOR US AS A BUSINESS TO WANT TO MAKE AVAILABLE OUR SERVICES TO YOU AND OTHER USERS. IF YOU DO NOT AGREE WITH THESE LIMITATION OF LIABILITY PROVISIONS, PLEASE DO NOT USE OUR WESITE AND RELATED SERVICES.
- Limitation Period. Any cause of action You may have with respect to these Terms and Conditions or the Website must be commenced within one year after the claim or cause of action arose, or it will be barred.
GENERAL LEGAL TERMS
- Enforceability. Your use of the Website and the content and features accessed through the Website constitute Your electronic signature to the agreement set out in these Terms and Conditions of Service and Your consent to enter into buy, sell and conversion agreements with us electronically. This Agreement will be deemed to satisfy any writings requirements of any applicable law, notwithstanding that the agreement set out in these Terms and Conditions is written and accepted electronically. All contracts between You and us completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.
- Waiver of Rights and Remedies. Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between You and us nor trade practice will act to modify any provision of these Terms and Conditions. Our rights, powers and remedies in these Terms and Conditions, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
- Severability. If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
- Notices. Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms and Conditions
- by us to You will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in Your Account;
- by You to us will only be deemed to have been effectively and validly given if in writing and delivered or submitted to the Chief Privacy Officer.
- Assignment and Inurement. We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to You. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit of and bind You and us and our respective personal and legal representatives, successors and permitted assigns.
- Relationship. You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and You as a result of these Terms and Conditions or use of the Website.
- Force Majeure. Neither party will be responsible for a failure to fulfil its obligations under these Terms and Conditions or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
- Governing Law and Venue. These Terms and Conditions of Service and any disputes arising under, in connection with, or relating to these Terms and Conditions of Service shall be governed by the laws of the Province of Ontario, Canada, excluding its conflicts of law rules. The parties agree that any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of provincial and federal courts located in Toronto, Ontario, Canada..
- English Language. The parties have requested and agree that these Terms and Conditions and all documents relating to them be drawn up in English.
i. post, upload, reproduce, distribute or otherwise transmit any Content (defined below) that
A. is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,
B. contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,
C. is defamatory, infringing, or unlawful,
D. is inappropriate, profane, obscene, indecent materials or information without suitable or lawfully-required access controls (which controls will in no event be our responsibility),
E. gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation, or
F. constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
G. engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
H. scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
I. forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Website;
J. impersonate or falsely represent Your association with any person, including a representative of us;
ii. disrupt or threaten the integrity, operation or security of any Website, any computer or any Internet system;
iii. disable or circumvent any access control or related process or procedure established with respect to the Website;
iv. sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for Your internal business purposes), any portion of, use of or access to, any Website, except where expressly authorized by us; or
v. extract, gather, collect, or store personal information about others without their express consent.
b. Our Remedies. Without limiting any of our rights, we may suspend, restrict or terminate Your use of the Website without notice if, in our sole and absolute discretion, we determine or believe that You have violated any of the acceptable use rules set out above.