Terms of Service
Last modified on Nov 3rd, 2019
Please read the Terms of Service Agreement (“Agreement”) carefully, as it constitutes the agreement and understanding with respect to the use of any or all of the Services and any manner of accessing them, between Skyrun Technology Corp. (“Skyrun”, “us”, “our” or “we”) and the person, persons, or entity (“you” or “your”). The terms of this Agreement apply to any access and use of our website, mobile app, platform and applications (collectively, the “Site”), and any of our products, software and services offered through the Site or otherwise made available by us or any of its affiliated or partner companies (collectively, the “Services”).
We provide the Services solely on the terms and conditions set forth in this Agreement, including any changes, and on the condition that you accept and comply with them. By using the Services, you (a) accept this Agreement and agree that you are legally bound by its terms; and (b) represent and warrant that: (i) you are of legal age to enter into a binding agreement under applicable law; and (ii) if you are a corporation, governmental organization or other legal entity, you have the right, power and authority to enter into this Agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these terms.
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions. As used in this Agreement, the following capitalized terms have the following meanings:
a. Digital Currency/Digital Currencies. A type of currency which exists only in electronic form and is not tangible. Virtual Currency can be transferred between entities or users with the help of technology like computers, smartphones and the internet. This encompasses, but is not limited to, cryptocurrencies, e-money, virtual money, and alt-coins.
b. Wallet Address. A unique identifier of 26-35 alphanumeric characters, that represents a possible destination for a Virtual Currency payment. Addresses can be generated at no cost.
c. Hard Fork or Fork. A hard fork is a permanent divergence from the previous version of a blockchain; a new set of consensus rules are introduced into the network that is not compatible with the older network.
d. Forked Virtual Currencies. Virtual Currencies which are derived from a Hard Fork.
e. Legal Tender. Any national currency, such as U.S. dollars, that may be used in connection with a purchase or sale of Virtual Currencies via the Services, and does not include any Virtual Currency.
f. Fund. Virtual Currency and/or Legal Tender.
1.2 Grammatical Form. The singular includes the plural and vice versa, and another grammatical form of a defined word or expression has a corresponding meaning.
Headings are for convenience only and do not affect interpretation.
2. USER ACKNOWLEDGEMENT
By using the Services, you acknowledge and agree that:
2.1 The purchase and sale of any digital currency is inherently risky. Digital Currencies are subject to constant price fluctuations and trading in digital currencies may result in partial or complete loss of Funds. In using our Services you agree to assume all risks associated with the purchase, sale, trade or exchange of digital currencies and you will not hold us liable for the loss of any Funds, either fiat or digital, incurred as a result of using our Services;
2.2 Bitcoin and other Digital Currencies are not currently considered legal currency at law;
2.3 The purchase and sale of digital currencies may have tax implications and you are solely responsible for calculating, reporting and remitting any taxes that may be payable and applicable in your jurisdiction;
2.4 We are not a bank, credit union, trust, or any other kind of financial institution. We are not a deposit taking institution and do not accept deposits from you, we merely provide a platform through which you can purchase and sale Digital Currencies.
2.5 We use third party rates to determine the Digital Currency ticker price and price quote in respect of a transaction. The ticker price is used only to provide a general estimate of the market price and You acknowledge that prices for Digital Currencies fluctuate at any moment, in less than seconds, without any notice. We do not set the exchange rate or price for the Digital Currencies that can be purchased or sold using our Services. Rates are determined by many factors, including but not limited to market demand/sentiment. The Digital Currency price quote becomes firm once you create an order, confirm your phone number to authenticate the order, and then proceed to the checkout page.
2.6 Once a transaction involving the transfer of Digital Currencies has been completed, it is impossible to reverse it.
2.7 We do not own or control, and make no representations or warranties with respect to, the underlying technology of the Digital Currencies you may purchase or sell using the Services, including those technologies that govern their use; the underlying technology of Digital Currencies may suddenly change such that the new version is no longer compatible with existing versions or there is otherwise a permanent divergence of the blockchain (a “Fork”), which may impact the value, functionality, and other characteristics such as the name of the Digital Currencies and whether the Services are able to support the Digital Currencies subject to a Fork.
2.8 We are not responsible for providing any support, advice or communication regarding your Digital Currencies once they have been received by you. This includes, but is not limited to, hard forks, mainnet swaps and airdrops.
2.9 If you choose to sell your Digital Currency, and this Service is available in your jurisdiction, we provide you with a Wallet Address to where you send the Digital Currency. It is your sole responsibility to ensure that you have entered a correct and valid Wallet Address to which you personally have access. We are not responsible or liable for any losses of Digital Currency induced by mistyped or otherwise wrongly placed transactions related, but not limited, to Wallet Address, amounts, mining/network fees, incorrect blockchain or a Wallet Address to which you do not have access.
2.10 If we receive Digital Currencies which previously underwent a Hard Fork but newly forked Digital Currencies were either not claimed, or split prior to us receiving these Digital Currencies, and our liquidity provider supports such coin split, we have the sole authority to stake claim on these forked Digital Currencies.
2.11 You acknowledge that we will process your transactions through the Platform in accordance with your instructions, and you should carefully verify all instructions before placing any orders for Digital Currency. If there is an error in those instructions, then that is your risk and we do not accept any responsibility or liability.
2.12 We do not provide securities, investment contracts, or any other document or financial instrument considered at law to be a “security”, and the Services we provide do not constitute trading, purchase, sale or exchange in securities, investment contracts or any other document or financial instrument considered to be a “security” at law.
2.13 The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.
2.14 You waive your right to participate in a class action lawsuit or a class-wide arbitration against us and/or the Representatives.
3. ELIGIBILITY AND AGREEMENT
3.1 Legal Age. You hereby represent and warrant that you (a) are of legal age to enter into this Agreement under applicable law; and (b) have not been previously suspended or removed from using our Services.
3.2 Legal Entity. If you are using our Services on behalf of a legal entity, you further represent and warrant that (a) the legal entity is duly organized and validly existing under the applicable laws of its jurisdiction of organization; (b) you are authorized on behalf of such legal entity to act on its behalf and to be bound by this Agreement; and (c) are not identified as a “Specially Designated National” or “Politically Exposed Person;” (d) are not placed on the Commerce Department’s Denied Persons List; and (e) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with this Agreement. In order to use our Services, you will be required to provide any requested information to verify and validate you as a legal entity and undergo any requested regulatory and/or compliance checks.
3.4 Security. You should never access the Services from an unsecured or public computer and/or network. Additionally, there are certain things you cannot do when using the Services, such as engage in illegal, immoral or unethical activities, or do anything that would cause damage to our Services or systems or to our reputation or the reputation of our partners.
3.5 Jurisdiction. The Services are intended for use from locations where such Services are legal. Any use by you of the Services from a location where the services are illegal is expressly prohibited. The Services may be used only for lawful purposes and in a lawful manner. The Services are not available to persons in Quebec.
4. AMENDMENT OF USER AGREEMENT
4.1 Amendment. We may make changes to this Agreement at any time without notice by posting updates and/or changes to our website (“Revised Agreement”). It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. The Revised Agreement will be effective as of the time of posting, or such later date as may be specified in the Revised Agreement, and will apply to your use of the Services from that point forward. You agree to review this Agreement regularly. If you do not agree to any amendments to this Agreement, your sole and exclusive remedy is to discontinue using our Services.
5. SERVICE AND FEES
This Section applies when you use the Services to purchase or sell Virtual Currencies directly from Coincurve, a service available in limited jurisdictions only.
5.1 Service. We are an online digital brokerage platform established to facilitate a simple, convenient and enjoyable experience for all users to purchase and sell Digital Currencies. All Digital Currencies you purchase or sell are sent directly from us to a Wallet Address which you provide or received by us in a designated Wallet Address which we provide, respectively . We do not store, hold, or manage user’s Digital Currencies in our Services. There is no sign up or account registration to complete when using the Services since information and user data is collected on a per transaction basis.
5.2 Quotes; Availability. Prior to completing your purchase or sale of Digital Currencies from us, we will provide notice of the amount of Digital Currencies you intend to purchase or sell and the amount of Funds you will be required to pay us to receive such Digital Currencies or Legal Tender. All quotes provided are inclusive of the exchange rate, processing fee, and network/mining fees. We have the ability to adjust the quote at any time during the transaction process even after an indicative quote has been provided and agreed upon by both parties if (a) in a sell transaction, Digital Currencies are not received in a timely fashion (more than thirty minutes from time we provide you with the receiving address); (b) Digital Currencies received are not consistent with original Amount of Asset agreed upon by both parties; or (c) we deem the volatility of relevant Digital Currency exceeds our risk threshold by the time your order was processed. You agree to comply with any terms and conditions provided within such notice to complete your purchase or sale transaction.
5.3 Payment Methods. Only valid payment methods specified by us may be used to purchase or sell Digital Currencies. By placing an order to purchase Digital Currencies from us, you represent and warrant that (a) you are authorized to use the designated payment method; and (b) you authorize us, or our payment processor, to charge your designated payment method. By placing an order to sell Digital Currencies through us, you represent and warrant that (a) you are authorized to use the designated Digital Currencies; (b) you authorize us, or our payment processor, to accept and charge any related fees associated with the designated Digital Currencies; and (c) we shall receive the exact amount of Digital Currencies you intend to sell no later than thirty minutes from time we provide you with the receiving address. If the Funds you designate cannot be verified, is less than or greater than the amount required as indicated on the payment page, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.
5.4 Digital Currency Transfers. When we receive Digital Currencies, they are subject to a minimal number of confirmations by the applicable blockchain before being fully credited and Digital Currency withdrawals are subject to withdrawal fees. We shall attempt to process withdrawals and deposits in a timely manner but we make no guarantee pertaining to the timing of those transfers. We are not responsible for losses and liabilities induced by delayed transfers.
5.5 Incorrect Payment. We reserve the right to refuse, cancel, amend or change any transactions if the Funds sent for an order is less than or greater than the amount required, as indicated on the payment page.
5.6 Payment Limitations. Payment methods may change from time to time depending on local jurisdiction availability and any limits that we may impose on you in its sole discretion. To mitigate fraud and comply with anti-money laundering and anti-terrorist financing and best practices, we may in our sole discretion, and you hereby authorize us in our sole discretion, to impose on your current and future purchases in our Services, any such limits as we may determine or to place a hold on your ability to purchase Digital Currencies.
5.7 Errors. In the event of an error, whether via our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received.
5.8 Identity Authentication. Where applicable, you will provide us with accurate, current and complete information about yourself as prompted by the transaction process or as we may, from time to time, request, and will keep such information updated. You authorize us to make such inquiries that it considers necessary to validate your identity and you agree that we may do so using third party service providers. If you fail to comply with any request to provide us with information regarding you identity as we deem necessary to comply with our client identification and verification processes, we may immediately suspend or decline your transaction even if there are pending or unsettled transactions. Notwithstanding our client identification and verification processes, we cannot and do not guarantee the identity of any user of the Site or the Services. When you purchase or sell Digital Currencies using the Services, you will be required to submit your first name, last name, email address, Wallet Address (purchase only), mobile number, date of birth and an audio recording. Before we process each transaction, we will send a text message with a unique pin number to your mobile phone in order to authenticate the transaction. This allows us to verify that you meet the eligibility requirements set forth above, and you hereby authorize us to perform such authentications and verifications in order to process your transactions. We will only accept purchases and sales from individuals who have a valid mobile phone number within the jurisdictions in which we operate. In the event that a user fails the initial authentication process, we reserve the right to request proof of identification, including photo ID and/or other evidence in order to authenticate a user.
5.9 Audio Recording. Where applicable, you will be required to record an audio clip repeating certain phrases including, but not limited to, your full name, and date of birth. You hereby agree and acknowledge that we require personal information, including audio of your voice, in order to verify, authenticate and process a transaction. You agree to release and agree to hold us harmless from and against all damages or liabilities of any kind related to the recording of any audio clips while using the Services.
5.10 Fees. We charge fees for the Services in accordance with our fee schedule. We may make changes to the fee schedule at any time by updating the fee schedule and we may notify you of the revised fee schedule or providing you notice by email, and the revised fee schedule will be effective at such time as of the time of posting or emailing or such later date as may be specified, and will apply to your use of the Services from that point forward. Please regularly review our fee schedule, including before you accept this Agreement. If, at any time, you do not wish to accept any fees charged by us, you may discontinue using our Services.
5.11 Limits. We impose certain limits on the transactions you can process at any given time, in order to protect our Users.
5.12 Chargebacks. In the event of a Chargeback, we may carry out one or more of the following actions:
- Suspend any current and future access to our Services pending resolution of a dispute relating to the Chargeback;
- Request information from you regarding the reason for the Chargeback; or
- Debit any existing or pending Legal Tender sent to us and if that debit results in an insufficient amount, claim from you the remaining chargeback amount;
5.14 Service Updates. We may, in our sole discretion, make unscheduled deployments of changes, updates or enhancements to the Services at any time. We may add or remove functionalities or features, and may permanently discontinue Services. If, in our sole discretion, we decide to permanently discontinue Services, we will provide you with notice in accordance with this Agreement.
6. PAYMENT, FULFILMENT AND SETTLEMENT
6.1 In General. You may only use valid payment methods which have been indicated and instructed by our Services when you purchase or sell Digital Currencies. Please refer to Section 5 of this Agreement as it pertains to the sale of Digital Currencies using our Services.
6.2 Payment Options. The following provides an overview of the available methods of payment both to and from our Services:
Credit and Debit Card, are cards issued by a bank and associated to either the Visa or MasterCard network. A credit card allows you to borrow money from a bank to make purchases while a debit card allows you to debit funds directly from your bank account.
Flexepin, which is pre-paid voucher purchased from a third party that you can redeem online for instant purchases. For greater certainty, Flexepin vouchers must be redeemed for their full value and no refunds will be provided. For more information about Flexepin, please visit https://www.flexepin.com;
Interac e-Transfer, which is a Canadian email-based payment method where you can send funds from your online bank account to us via email to purchase Digital Currencies. For more information please visit http://interac.ca/en;
eGift Cards, which work just like regular Gift Cards, however, a digital card with a code is emailed to you. eGift Cards have a stored value and are used just like regular Gift Cards online or in stores at participating businesses.
You may only sell Virtual Currencies which have been indicated and instructed by our Services when you place a sell transaction. Please refer to Section 5 of this Agreement as it pertains to the sale of Virtual Currencies using our Services.
6.3 Interac e-Transfer. For asynchronous payment methods, such as Interac e-Transfer, the rate quoted to you, when purchasing Digital Currency, will be honoured for 10 minutes from the time the quote is generated by the Services (at the start of the purchase activity) until you are presented with the Interac e-Transfer instructions to complete the payment. At this point, you are advised to complete the Interac e-Transfer within 1 hour. Any payments received outside of the advised time frame window will not have their rate or transaction guaranteed.
6.4 Flexepin. For instant methods such as Flexepin, the rate quoted to you when purchasing Digital Currency will be honoured for 10 minutes from the time the rate was generated by the Services (at the start of the purchase activity) until you successfully complete the payment.
6.5 Gift Cards. Gift cards offered through our Services are marketed only to residents of Canada and should only be used by Canadian residents. Purchasing gift cards in which you are not a Canadian resident will be considered a violation of our Terms of Service and can result in cancellation and denied access to our Services. All Gift Card issuers represented and issued through our Service are not our sponsors or otherwise affiliated with us.
Gift card purchases are for personal use only and not meant for resale, business use or commercial purposes without prior consent. All purchases suspected to be made for resale, business use or commercial purposes without prior consent will be considered a violation of our Terms of Service and can result in cancellation and denied access to our Services.
6.6 Gift Card Activation. Electronic gift cards do not require activation by customers. Recipients of electronic gift cards will click on a link in their e-mail to retrieve their activated electronic gift cards. It is important that this link be kept confidential, as anyone who has this link will be able to use funds on the gift card.
6.7 Gift Card Underpayment. For underpaid gift card purchases, we reserve the right to issue a gift card for the next lowest available denomination rounded down to the nearest whole number. If a smaller gift card denomination is not possible, you will be issued a refund of the original Digital Currency type to the address of your choice, minus any mining fees required to initiate the refunding transaction.
6.8 Credit and Debit Cards. You will be able to make a purchase of Digital Currencies using your Visa or MasterCard through our processing partner(s) subject to the applicable fees displayed during the purchase flow. The price, exchange rate and amount of the Digital Currencies that you wish to purchase will be confirmed at the time that you place an order for a Digital Currency purchase. When purchasing Digital Currency using this form of payment, the rate quote will be honoured for 5 minutes from the time the rate was generated by the Services (at the start of the purchase activity) until you successfully complete the payment. Any purchases not completed within this timeframe will automatically be re-quoted and the timer restarts. Acceptance by us of a purchase order for a Digital Currency does not guarantee that you will receive the corresponding amount of Digital Currency. The Digital Currency is conditional upon actual receipt by our processing partner(s) of the funds from your credit or debit card, as well as payment of any applicable fees. Subject to the transaction being honoured and your acceptance of all fees applied by your bank, card provider or other relevant party, the amount of Digital Currency purchased shall be credited to your Wallet Address.
6.9 Clearing Transactions. You acknowledge and agree that:
We will not purchase any Digital Currency on your behalf until we have received the Legal Tender in cleared funds into our nominated bank account or through one of our partnering payment channels;
- Once received, the transaction for the purchase of Digital Currency cannot be cancelled or amended by you; and
- We will use best endeavours to process your transaction within one business day of us receiving the payment in full.
6.10 Digital Currency Delivery. We will make best efforts to fulfill all transactions, but in the rare circumstance where we cannot fulfill your purchase order to acquire Digital Currencies, we may notify you and seek your approval to fulfill the purchase order at the contemporaneous buy price rate. We use a combination of fulfillment and storage mechanisms when processing Digital Currencies. As a result, this can delay initiation or fulfillment beyond our expected fulfillment timeframe. We cannot always guarantee that a requested transaction will not be delayed and you agree that we are not responsible for any issues with respect to such delays.
In certain situations, receipt of Digital Currencies may be delayed due to downtime or congestion of, or disruptions to a Digital Currency network. You consent to us validating any Digital Currency purchase and you agree to cooperate with us and provide any information necessary if we identify suspicious activity associated with your transaction.
6.11 Accurate Information. You should verify the destination Wallet Address and all other transaction information and instructions before submitting a Digital Currency purchase or sale. If you complete a purchase using the Services, you authorize us to submit your transaction request to the Blockchain in accordance with the instructions provided through the Services. If you complete a sale using the Services, you acknowledge that we will not be liable for any errors made by you in inputting the destination Wallet Address or other transaction information and instructions. It is important to note that you cannot cancel a Digital Currency transfer once the Digital Currency has been initiated on the Blockchain. You are responsible for providing accurate information before placing any order.
When selling your Digital Currency using our Services, you are responsible for sending the correct Digital Currency and amount, using a high enough network confirmation fee for the payment to be processed, sending payment to the correct payment address and/or any other pertinent information in order to properly and accurately complete a transaction. If any of this information is incorrect we reserve the right to refuse or cancel your order at any time as all orders with incorrect information are non-reversible and non-refundable.
6.12 Stopping Transactions. We reserve the right to delay, suspend, or refuse to process any transaction at any time, for any reason, in our sole discretion, including, but not limited to:
- if we have reason to believe you are or may use the Services for any criminal or illegal activities;
- there are technical reasons that prevent us from completing the transaction;
- the payment which is sent for the order is less or more than the amount required, as indicated on the payment page; or
- We receive a request from a law enforcement or government agency to do so.
7.1 Reversals; Cancellations; Refunds. You or us cannot cancel, reverse, or change any Digital Currency transaction, and therefore you cannot obtain a refund for any transaction for purchase or sale of Digital Currencies or purchase of gift cards using our Services. All transactions using our Services are final, and non-refundable. Please review our Refund Policy, the terms of which are incorporated into this Agreement by reference.
7.2 Refuse and Reverse Certain Transactions. We reserve the right to refuse to process, or to cancel or reverse, any purchases or sales of virtual currency in its sole discretion, even after payment has been received. If we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime within our platform; in response to a subpoena, court order, or other government order; or if we reasonably suspect that the transaction is erroneous, in such instances, we are under no obligation to provide a refund or allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.
8. USER INFORMATION
9.1 Content. All information, data, text, software, messages or other materials, whether publicly posted or privately transmitted to the Services by you (“User Content”), is the sole responsibility of you. This means that you, and not us, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. We do not control or actively monitor User Content and, as such, do not guarantee the accuracy, integrity or quality of such content. Under no circumstances will we belivable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, emailed, transmitted or otherwise made available via the Service.
9.2 Restriction on User Content. We reserve the right at all times (but will have no obligation) to remove or refuse to distribute any User Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise Wallet Address fraud, security or technical issues, (iv)respond to User support requests, or (v) protect the rights, property or safety of our users and the public.
9. SUSPENSIONS & TERMINATIONS
We may, in our sole and absolute discretion, without liability of any kind to you or any third party, refuse your ability to use one or more of the Services without prior notice. For example, we may take such actions as a result of your failure to respond to customer support requests, your failure to provide information regarding your identity or if you are in violation of any of the terms and conditions of this Agreement. We will use reasonable efforts to expeditiously investigate a transaction that is subject to any suspension. You acknowledge and agree that we are under no obligation to disclose the details of its risk management or security procedures to you in connection with any suspension or ban for any other reason. If you have a purchase or sale which is in process, this transaction will be immediately cancelled. We reserve the right to require you to provide further identifying information before processing any return requests and to delay or prohibit such return if we believe fraudulent or illegal activity has occurred. This Agreement will remain enforceable against you while your access to one or more the Services is suspended and after it is terminated.
It is your sole responsibility to determine what, if any, taxes apply to any transactions you make or receive, and it is you responsibility to collect, report and remit any taxes to the appropriate tax authority. We are not responsible for determining whether any taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any transactions.
11.2 Inherent Risks. While we endeavour to take all reasonable steps to protect your personal information, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing over the Internet.
11.3 Privacy of Others. If you receive information about another user through our Services, you must keep the information confidential and only use it in connection with our Services. You may not disclose or distribute another user’s information to a third party or use the information except as reasonably necessary to effect a transaction and other functions reasonably incidental thereto, unless you receive such other user’s express consent to do so. You may not send unsolicited email to a user through our Services.
12. INTELLECTUAL PROPERTY RIGHTS
We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Services, including our trademarks, designs, logos, URLs and trade names that are displayed on the Site, which we refer to in this Agreement collectively as the “Corporate Materials”. We hereby grant you a limited, non-transferable, non-sublicensable and non-exclusive license to access and use the Corporate Materials and to use our Services solely for the intended purposes as determined by us from time to time. Any other use of the Services is expressly prohibited and you agree that this Agreement does not grant you any rights in or licenses to the Services, except for this express, limited license. Except as expressly authorized by us, you agree that you will not copy, transmit, distribute, sell, license, reverse engineer, create a derivative work of, modify, publish or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the content or any part of the Services, in whole or in part. The license granted hereby will automatically terminate if we suspend or terminate your access to the Services.
13. RISKS, LIMITATION ON LIABILITY AND INDEMNITY
13.1 General Risk Assumption. You acknowledge and agree that we will not be responsible for any losses arising from communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused. We assume no responsibility for any losses relating directly or indirectly to any action or inaction you take in connection with the Services and you agree that you assume all risks associated with using the Services.
13.2 Digital Currency Risk Assumption. We have no control over, and makes no representations regarding the value of any Digital Currency. You acknowledge and agree that the value of Digital Currencies in not within the control of us, can change rapidly, increase or decrease unexpectedly, and potentially even fall to zero. You acknowledge that participation in these networks involves a high risk. The Digital Currency network is operated by a decentralized network of independent third parties. You acknowledge and agree that we have no control over the Digital Currency network and therefore cannot and does not ensure that any transaction you submit using the Services whereby you purchase Digital Currency. Once you have submitted a Digital Currency transaction request to the Blockchain using the Services, the Blockchain will automatically complete or reject the request and you will not be able to cancel or otherwise modify your transaction request. You acknowledge and agree that there are risks associated with using an Internet-based Digital Currency service, including but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction and the risk that third parties may obtain unauthorized access to information used during a transaction.
13.3 No Warranty. WE PROVIDE NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SITE OR THE SERVICES. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE SERVICES, OR ANY OF THE CONTENT CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, COMPLETE OR ERROR-FREE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
13.4 No Advice. We are not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance or tax matters. Any information provided by us is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you.
13.5 Limitation of Liability. IN NO EVENT WILL WE TO DO THIS REAL TIME, ITS PARENT, AFFILIATES AND SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF DATA OR THIRD PARTY CLAIMS, REGARDLESS OF THE CAUSE OF ACTION AND INCLUDING WITHOUT LIMITATION CLAIMS FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OF US OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE CORPORATE MATERIALS OR THE SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ,INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, HUMAN ERROR, COMMUNICATIONS FAILURE, THEFT, HACKING, CYBER ATTACK, CORRUPTED FILES, MISTYPED DIGITAL CURRENCY WALLET ADDRESSES, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR THE SITE OR THE NEGLIGENCE OF US OR ITS AGENTS OR EMPLOYEES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
13.6 Indemnification. To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold us and its parent, affiliates, and subsidiaries, and each of their respective directors, officers, employees, agents, consultants, partners, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable legal and other professional fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising from or in any way related to your use of the Services, your violation of this Agreement, or your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle such action or proceeding. This provision shall survive the termination of this Agreement.
13.7 Modifications on the Site. We reserve the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notices. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
13.8 Accuracy. Although we intend to provide accurate and timely information, the Site and any content therein may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and the Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Site.
13.9 Computer Virus. Without limiting anything contained in this Agreement, we 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 equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. Always log into your Account to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice. This provision shall survive the termination of this Agreement.
13.10 Third-Party Links. If you grant permission to a third party to connect to you via our Services, either through such third party’s product or through the Services, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You acknowledge and agree that you will not hold us responsible for, and will indemnify us from, any liability arising from the actions or omissions of any third party in connection with the permissions you grant or usage of any third party recommended by us. We provide links to third party material on the Einstein Website as a convenience to you. You understand, acknowledge and agree that we are not responsible for any aspect of the information, content or services on third party websites accessible or linked to the our Website.
14. GENERAL PROVISIONS
14.1 Disputes. If a dispute arises between you and us:
Contact us First. You agree to contact us before taking any further action. Our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly.
Good Faith Attempts to Resolve. You and us each agree to make reasonable good faith efforts to settle any dispute, claim or controversy arising out of or relating to this Agreement by discussion and negotiation.
14.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein (without regard to the conflicts of laws rules of the Province of British Columbia). Subject to the dispute resolution provisions of this Agreement in section 14.1, each of the parties hereby attorns to the non-exclusive jurisdiction of the courts in the Province of British Columbia, Canada and agrees that any action related to this Agreement must be brought in a court in the Province of British Columbia, Canada and waives any objection it has or may have in the future with respect to any of the foregoing.
14.3 No Waiver. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that right or provision.
14.4 Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid or unenforceable, you and us agree that the court or arbitrator should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect. If the court or arbitrator cannot do so, then the parties agree that the court or arbitrator should strike the invalid or unenforceable provisions, and that the remaining provisions be given their full force and effect.
14.5 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including without limitation, indemnities and limitations of liability, shall survive the termination or expiration of this Agreement.
14.6 Relationship of the Parties. We are an independent contractor, and this Agreement does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us. You acknowledge that we are not a bank or a trust company service. By using the Services, you appoint us as your agent to facilitate all transactions using the Services.
14.7 Assignment. You may not assign any rights or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation of this section shall be null and void. Subject to this section, this Agreement will be binding upon the parties hereto and their respective heirs, administrators, personal representatives, successors and permitted assigns.
14.8 Headings. The captions and headings used in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement.
14.9 Notices. Any notices to us shall be sent by email. We may provide notices to you in such manner as it determines in its sole discretion.