Terms of Use
Introduction and Your Acceptance of the Terms of Use
Welcome to Coinmama! These terms and conditions (the "Terms of Use" or "Terms") govern your use of the Coinmama website, accessible at https://www.coinmama.com, and all associated features and Publications offered therein (collectively, the "Site"). By using the Site, and/or by consuming the Publications, and/or by using the Services, you agree to comply with and be bound by these Terms. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR ANY PROVISION HEREIN, DO NOT ACCESS THE SITE OR USE THE SERVICES.
You acknowledge that the privacy policy on the Site, accessible here (the "Privacy Policy"), is an integral part of these Terms of Use, and that by using the Site, and/or by consuming the Publications, and/or by using the Services, you also agree that you have read, understood, and accepted the terms of the Privacy Policy.
You further acknowledge that: (i) Coinmama does not have a trading platform, nor does it maintain any investment portfolios; (ii) Coinmama is not a payment services provider, nor does it act as a payment services provider or process any payments whatsoever; (iii) Coinmama does not provide investment or financial advice or consulting services of any kind; (iv) Coinmama does not accept deposits from users, hold user funds, or keep a balance or credit of any sort (in fiat money or digital currency); and (v) all financial services that may be availed to you on the Coinmama website are administered by and under the terms and conditions of third-party service providers, as Coinmama does not provide any financial services whatsoever.
New Bit Ventures Ltd., the owner of the Coinmama brand, the Coinmama domain, and the Site, shall be referred to as "us", "we", "our", "Coinmama", or the "Company".
The users of the Site shall be referred to as "you", "your", "yourself", or a "user".
Account Eligibility
To maintain an Account with Coinmama, users must be at least 18 years old, accept these Terms, and comply with all applicable laws and regulations. Users are prohibited from using the Site or any Services in jurisdictions where such use is not allowed. During the Account registration process users must provide accurate and up-to-date information. Coinmama reserves the right to deny Account registration, limit Account functionality, and/or suspend outstanding transactions.
By registering an account on the Site (an "Account"), you expressly represent and warrant that:
you have accepted these Terms of Use;
you are at least 18 years of age (or the age of majority in your country of residence and no younger than 18);
you have the full legal capacity to accept these Terms of Use and engage in any and all of the Services;
all information and details that you submit to us during the Account registration process, and thereafter (including as part of any use of the Services), are true, current, complete, and not misleading;
you are solely responsible for complying with applicable laws regarding use of the Services;
your use of the Services, your Account, and the Site in the territory from which you are accessing and/or using them is in full compliance with the laws and regulations applicable to such territory;
if you use the Site or the Services on behalf of a business, corporate, or charitable entity, you represent, warrant and agree that you: (i) are duly authorized under any applicable law to represent such entity in connection with these Terms of Use and to commit it to be bound by these Terms of Use; (ii) hereby make all representations and warranties herein on both your and its behalf; and (iii) personally guarantee performance by such entity hereunder; and
you shall not use the Site or the Services for any Prohibited Act or in support of any Prohibited User.
Registration and Personal Use of Your Account
The Site is for your own personal and non-commercial use only. You may only register one Account, and you acknowledge that multiple or linked Accounts are not allowed.
You agree that you will not use any Account other than for your own use or access the Account of any other registered user (a "Member") at any time, or assist others in obtaining unauthorized access.
By registering with us, you agree to provide us with current, accurate, authentic, and complete information about you, which may include without limitations, your name, password, and email address, as prompted by the registration process, or as prompted at any time following registration, and you are required to keep any such submitted information updated at all times. We may request additional information as necessary, including in the event of any suspicious activity related to your Account.
The aforementioned notwithstanding, Coinmama may, at any time, and in its sole discretion, deny you the option to register an Account, limit the Account that you may establish and maintain, or suspend any use of the Services through your Account.
You are responsible for maintaining the security of your Account credentials. Any unauthorized use or suspected breach of security must be reported to Coinmama immediately.
Security and Confidentiality of your Account. You acknowledge that you are responsible for maintaining the security and confidentiality of your Account information, including the information required to access your Account (the "Login Credentials"), safeguarding your own digital assets, and for all activity and transactions that are posted to your Account. You understand that any compromise of your Login Credentials may expose your Account to unauthorized access by third parties, which may result in loss or theft of your funds.
Security Alerts. In order to receive security alerts from Coinmama, you must update us with respect to changes in your email address. In no event will Coinmama be held responsible for any damages or losses which you may sustain as a result of a compromise of your Login Credentials due to no fault of ours and/or failure to follow or act upon any notices or alerts that we may send to you. Notwithstanding the above, Coinmama does not guarantee to provide you with said alerts or to take any other action in this regard and shall not be held liable for not doing so.
Misuse. The registration or use of an Account without obtaining our prior express permission will result in the immediate suspension of any such Account, as well as all pending provision of any of the Services. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such users being terminated, without derogating from any other remedy to which Coinmama may be entitled for such a violation and we may take further actions against you.
You are required to notify us immediately of any unauthorized use of your Account or Login Credentials, suspected compromise of your Login Credentials, or any other breach of security, by email addressed to support@coinmama.com.
We may terminate the Account of any Member who does not comply with our security requests, or otherwise violates the foregoing rules, and such Member may be held liable for losses incurred by Coinmama or by any third party due to the Member’s non-compliance and/or violation of rules.
Responsibility for Third Party Acts. Your Account is for your personal use only, and not for the use or access by any third party. In any event, you are fully responsible for all acts or omissions of any third party accessing and/or using your Account.
You agree that you will not use the Services to perform criminal activity of any sort, including but not limited to, money laundering, financing of terrorism, or malicious hacking, as well as illegal gambling operations. In addition, you warrant not to use methods to conceal the location from which you access the Site and that you will disclose to Coinmama your accurate and true location. Should Coinmama determine in its sole discretion that the activity on your Account is suspicious or related to any Prohibited Act or illegitimate operation, Coinmama may cancel or suspend your Account, block any outstanding provision of the Services, and/or deny any new application for use of the Services.
You agree to receive promotional and/or informational emails from us to the email address you provided in your Account. Such emails will be canceled upon your request using the “unsubscribe” option presented in any such email, when applicable.
You acknowledge that we may offer promotional sales and/or discounts (“Discounts”) from time to time; all Discounts are subject to our Discounts Terms here and are not applicable to any person from the United Kingdom; You also acknowledge that we reserve the right to terminate any such Discounts at any time in our sole discretion and without any prior notice.
Description of Coinmama's Offerings
The Site avails informational and/or educational content (the "Publications") on or related to digital assets ("digital assets", "digital currencies", "virtual currencies", "cryptocurrencies", or "crypto assets"). The Publications are provided by Coinmama.
The Site offers the opportunity for you to engage in the following services (collectively, the "Services"), which are facilitated by certain third-party service providers (the "Third-Party Service Providers") and are administered by and under the terms and conditions of such Third-Party Service Providers:
The purchase of certain cryptocurrencies for fiat money, and vice versa (the "On/Off-Ramp Service"). The On/Off-Ramp Service may be availed to you through the interface of your Account on the Site.
The exchange of certain cryptocurrencies for certain other cryptocurrencies (the "Swap Service").
Coinmama also offers the utilization of a non-custodial digital wallet software for certain cryptocurrencies (the "CM Wallet"). A digital wallet, in the context of cryptocurrencies, refers to a secure software application that allows its users to store, manage, and transact with their digital assets (a "Crypto Wallet"). The CM Wallet, specifically, is a self-hosted Crypto Wallet, providing its users with full control over their private keys and the security of their cryptocurrency holdings. The CM Wallet is a mobile application designed for smartphones. If you are interested in utilizing the CM Wallet, you must independently download the application from the relevant mobile apps store (Google's Play Store for Android devices, Apple's App Store for iPhone devices) and install it on your desired device. As an additional feature, a view-only interface of the CM Wallet (providing a convenient overview of a user's holdings and activity on it, without the ability to transact) may be offered to Members (who also use the CM Wallet) via their Account on the Site. Please note that Coinmama is not the provider of the CM Wallet and is in no way responsible nor will it be liable for any user funds managed using the CM Wallet or any loss thereof. CM Wallet users are solely responsible for the security and management of their CM Wallet and associated digital assets.
The Services Availed on the Site
The Services offered on the Site, which may be integrated into the Site and availed to you on the Account or otherwise, are provided by Third-Party Service Providers. You expressly acknowledge that by accepting these Terms of Use you agree that the Services may permit you to link to third party websites, services, or resources, and display, include, or make available content, data, information, or other materials from third parties. You acknowledge that when you access the Services, even when made available on the Account, you do so at your own risk, subject to the terms and conditions applicable to the Services. The Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of the Services. The inclusion of any link to or integration with the Services in your Account or on the Site does not imply our endorsement or any association between us and the providers or operators of the Services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Services, which may be subject to disruption due to factors that are outside of our reasonable control. We accept no responsibility or liability with respect to the Services. Any claims regarding the Services shall be directed to the relevant Third-Party Service Provider only. The terms and conditions applicable to the Services shall be the terms and conditions of the relevant Third-Party Service Provider. Such third-party terms shall be made available to you in the course of using the Services. By using the Services, you agree to engage with the relevant Third-Party Service Provider and agree to be subject to such Third-Party Service Provider’s terms and any other terms made available to you by such Third-Party Service Provider on its platform. The Services may, at Coinmama’s sole discretion, be offered or restricted in any given jurisdiction irrespective of such stipulations by any of the Third-Party Service Providers.
Coinmama, in its sole discretion, chooses and assigns the Third-Party Service Provider to provide any of the Services to you. This assignment is made on a per-transaction basis, and Coinmama, at its sole discretion, retains the right to vary the Third-Party Service Provider facilitating a transaction. There is no guarantee that the Third-Party Service Provider that facilitates one transaction will be the same Third-Party Service Provider to facilitate another transaction, even with respect to transactions of the same Service and by same user.
The terms and conditions applicable to any transaction using the Services shall be the terms and conditions of the relevant Third-Party Service Provider facilitating that transaction (the "Third Party Transaction Terms" or "TPT Terms"). By commencing a transaction, you agree to engage with the relevant Third-Party Service Provider and agree to be subject to such Third-Party Service Provider’s TPT Terms and any other terms made available to you by such Third-Party Service Provider on its platform, or on the Site. The TPT Terms of the Third-Party Service Provider applicable to a transaction may be put forth to you in the course of placing that transaction, and are otherwise available on the applicable Third-Party Service Provider's External Website. The On/Off-Ramp Service may be provided to you by any of following Third-Party Service Providers, and the TPT Terms of which are available on their respective External Websites (each name serves as a clickable link redirecting to the respective TPT Terms page): Paybis, Banxa, Simplex. The Swap Service is provided to you by the Third-Party Service Provider Changelly and is subject to Changelly’s TPT Terms which are available here.
The privacy policy applicable to any transaction using the Services shall be the privacy policy of the relevant Third-Party Service Provider facilitating that transaction (the "Third Party Transaction Privacy Policy" or "TPT Privacy Policy").
By commencing a transaction, you agree to be subject to such Third-Party Service Provider’s TPT Privacy Policy. The TPT Privacy Policy of the Third-Party Service Provider applicable to a transaction may be put forth to you in the course of placing that transaction. The On/Off-Ramp Service may be provided to you by any of following Third-Party Service Providers, and the TPT Privacy Policy of which are available on their respective External Websites (each name serves as a clickable link redirecting to the respective TPT Privacy Policy page): Paybis, Banxa, Simplex. The Swap Service is provided to you by the Third-Party Service Provider Changelly and is subject to Changelly’s TPT Privacy Policy which is available here.TPT Verification. In the course of any transaction with the Services, you may be required to undergo a verification process of your personal details by the relevant Third-Party Service Provider (the "Third Party Transaction Verification" or "TPT Verification"), which is separate and independent from any verification process that you may have previously undergone (including in the course of placing an earlier transaction), whether by a different Third-Party Service Provider, the same Third-Party Service Provider, us, or otherwise. You acknowledge that any information and/or documentation provided by you in the course of a TPT Verification shall be provided directly to the relevant Third-Party Service Provider and be subject only to such Third-Party Service Provider’s TPT Privacy Policy. By commencing a transaction, you agree to undergo any TPT Verification that may be required of you by such Third-Party Service Provider.
Sharing of Data for Transactions. You acknowledge that on any transaction, we may share with the relevant Third-Party Service Provider some of your data, including specifications of that transaction – i.e., fiat money and digital currency amounts, payment method, and destination Crypto Wallet address (the user-provided Crypto Wallet address where the user's purchased crypto will be delivered, which is not provided by Coinmama or as part of the Services and must be sourced independently by the user from their own Crypto Wallet).
Final TPT Price. You acknowledge that the quoted price for any digital currency or Service presented to you when commencing a transaction is based on the rate conducted by the relevant Third-Party Service Provider at that time (the "Third Party Transaction Quote" or "TPT Quote"), and that the TPT Quote – which is only relevant at the time of the transaction’s creation – is not final and can change by the time the transaction is completed, according to such Third-Party Service Provider’s TPT Terms (the "Final Third Party Transaction Price" or "Final TPT Price"); accordingly, a display of this transaction, which may be presented in your 'My Account' page (when you are logged in to your Account) on the Site, may not present the Final TPT Price.
No Liability for Figures. Any TPT Quote, TPT Price, and/or other reference to rates, prices, or costs (including any segment or identified portion of which) associated with the use of any of the Services ("Figures"), which may be presented to you in your Account or on the Site at any time (including before initiating a transaction or logging in to your Account), are determined by the relevant Third-Party Service Provider and are only availed to you by Coinmama. You acknowledge that Coinmama does not control, is not responsible for, and will not be liable for anything in connection to such Figures or your reliance on them.
No Liability for Transactions. For the avoidance of doubt, we bear no responsibility for any transactions. Any claims regarding transactions shall be directed to the relevant Third-Party Service Provider only. The inclusion of any link or integration in your Account or on the Site in connection with the facilitation of any transaction does not imply our endorsement or any association between us and the Third-Party Service Provider that facilitates that transaction. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Service Provider.
Use of Our Technology and Intellectual Property Rights
You may only use the Site and all content derived from the Site, including but not limited to the copyright and all other intellectual property rights in the Site, in connection with the Services for your personal and non-commercial use and in accordance with these Terms of Use. The Site’s code, structure, and organization are protected by intellectual property rights. You must not: (i) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (ii) sell, assign, sublicense, transfer, distribute or lease your access to the Site; (iii) make the Site available to any third party through a private computer network; or (iv) use the Site in a manner prohibited by any laws or regulations which apply to the use of the Site, or use the Services for any act or omission that is illegal in the place where you are located or normally domiciled or where Coinmama is located (collectively, the "Prohibited Acts").
You will be liable to us for any damage, costs, or expenses we suffer or incur that arise out of or in connection with your commission of any of the Prohibited Acts. You shall notify us as soon as reasonably possible after becoming aware of the commission by any person of any of the Prohibited Acts and shall provide us with reasonable assistance with any investigations we may conduct as a result of the information provided by you in this respect.
The brand names relating to the Site and any other trademarks, service marks, and/or trade names used by us, or on our own behalf (the "Trademarks"), are owned by us or our licensors. In addition to the rights in the Trademarks, we and/or our licensors own the rights in all other content of the Site (the "Content"). By using the Services, you shall not obtain any rights in the Trademarks or the Content, and you may use the Trademarks and Content in accordance with the terms of these Terms of Use only.
Availability of the Site. Coinmama cannot and does not guarantee the availability of the Services or the Site at all times. You acknowledge that Coinmama reserves the right, at all times, to delay, deny, or make unavailable, at any time and at its sole discretion, any or all of the Services and/or the Site itself. Coinmama shall have no responsibility or liability whatsoever in connection with the unavailability of any Service, whether caused by Coinmama as aforementioned or by any third party or force majeure. You explicitly understand that any such event may cause a delay in the execution or processing of your transactions, and you irrevocably release Coinmama of any liability in this regard.
Security and Viruses. Any use of the internet may be subject to a virus attack and/or communication failure. Coinmama shall not bear any liability, whatsoever, for any damage or interruptions caused by computer viruses, spyware, Trojan horses, worms or other malware that may affect your systems, computer or other equipment, or any phishing, spoofing or other virus attacks. Coinmama recommends that all users and Members always use a reputable and available virus screening and prevention software. You should also apply caution when reviewing text messages and emails purporting to originate from Coinmama, as SMS and emails are also vulnerable to phishing and spoofing and additional viruses. It is advisable that you log into your Account through the Site only and avoid using unauthentic communication advising you options to log in.
Confidential Information. Provided that any information is disclosed to you in the course of using the Site or the Services that a reasonable investor knows, or should know, is of a confidential or proprietary nature ("Confidential Information"), you are obligated to keep such Confidential Information in strict confidence and use it in connection with your use of the Site and the Services only. You may not disclose such Confidential Information without Coinmama’s prior written consent.
Compliance
Your use of the Site and Services must be in compliance with all laws and regulations applicable to you based on your applicable jurisdiction. It is your exclusive responsibility to ensure that your use of the Site and Services is compliant with the applicable laws and regulations.
Where Coinmama believes that your use of the Site and Services may not be fully compliant with applicable laws and regulations, including, but not limited to, where there is any reason to suspect that your use of the Services involves any Prohibited Acts, we may refuse to provide you access to your Account or the Services, in addition to any other action which we may deem reasonable.
Applicable Sanctions. You warrant that you will comply with all applicable international economic and export sanctions and any requirement therein. Without limiting the generality of the aforementioned, you will not use the Services available on the Site if any of the following applies to you (a "Prohibited User"):
You are a national or resident of Iran, Lebanon, North Korea, Cuba, Syria, or the Crimea, Donetsk or Luhansk regions (of the Ukraine / Russia), or any other country or region under embargo or a financial sanctions regime (the "Restricted Territories") or you intend to provide or distribute the acquired digital currency or the Services to the Restricted Territories;
You are on OFAC's Specially Designated Nationals List, or on any prescribed sanctions list by the US, UK, EU, UN, or Canada (a "Restricted Person") or you intend to provide or distribute the acquired digital currency or the Services to any Restricted Person;
You are a person or entity who has been subject to termination by Coinmama, or an affiliate of such person or entity;
You intend to use the Services for any Prohibited Acts;
You are a person of less than 18 years of age or not of the age of majority in your jurisdiction; and
You are a person or entity located or domiciled in a jurisdiction where use of the Services is illegal or requires a license or registration that such person or entity does not hold.
You fully understand and accept that we may not make the Services available in all markets and regions, and may restrict or prohibit the use of the Services from, and by residents or nationals of, certain jurisdictions ("Restricted Locations"), at our sole discretion and at any given time – whether in accordance with such restrictions posed by any Third-Party Service Provider, in compliance with relevant regulation, or otherwise.
Applicable Taxes. You are exclusively responsible to inquire with respect to the taxes applicable to your transactions with any of the Services on the Site. Coinmama is not and will in no event be deemed as providing any tax advice or consultation. It is your responsibility to report and remit the taxes payable to the appropriate tax authorities.
Account Suspension, Termination, and Cancellation
You acknowledge that, at any time, Coinmama will be entitled to: (a) suspend your Account and your Access to the Site and the Services, (b) terminate the Terms of Use and your access to the Site and the Services; (c) close or restrict your Account; and/or (d) prohibit access to the Site and its content or tools, delay or remove hosted content, and take technical and legal measures to keep users off the Site, all of the aforementioned for any reason whatsoever – all subject to Coinmama's sole discretion, including without limitation as a result of the following: (i) violation of these Terms of Use; (ii) attempts to gain unauthorized access to the Site or another Member’s Account or to provide assistance to others’ attempt to do so; (iii) Coinmama has reasonable suspicion that a transaction involves illegal activity, including without limitations, money laundering, financing of terrorism, fraud, or any other crime; (iv) Coinmama reasonably suspects that your Account or any transaction is related to a Prohibited Act or is non-compliant with any applicable laws or regulations; (v) Coinmama is requested to do so by a court order, law enforcement or other government or regulatory order or if your Account is subject to litigation or investigation; (vi) you abuse the Site or the Services, including by registering multiple Accounts and/or taking advantages of promotions in bad faith; (vii) any of Coinmama’s Third-Party Service Providers denies providing you the Services; (viii) Coinmama believes you are creating problems or possible legal liabilities; (ix) force majeure events, including operational and technical errors; (x) Coinmama believes that you adversely affect its reputation; (xi) Coinmama reasonably believes that your Account is associated with any Account that has been suspended or terminated for breach of the Terms of Use or suspended for any other reason; (xii) you did not provide information upon the request of Coinmama or the information provided does not meet Coinmama’s requirements; or (xiii) Coinmama believes your Account and/or activity do not meet Coinmama's risk tolerance.
Notwithstanding the above, Coinmama may, in its sole discretion, suspend or terminate your access to the Site and/or the Services, and/or close your Account or refuse to register an Account for you on any other grounds.
In the event that we suspend or terminate your Account, we may do so without providing you with notice of such suspension or termination. In addition, you acknowledge that Coinmama is not obligated to disclose any findings and information acquired by its security and risk management procedures.
Termination by you. You may terminate your Account at any time by submitting your request to terminate your Account at support@coinmama.com. No termination fee shall apply.
On termination of the Terms of Use, you shall stop using the Site and the Services.
The right to terminate the Terms of Use and to close your Account shall not stop you or us from exercising any other right or remedy under the Terms of Use, whether with respect to the termination or to any other event.
Upon the termination of the Terms of Use for any reason, except as otherwise provided in the Terms of Use, and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under the Terms of Use.
Retaining or Erasing Information. Following the termination of the Terms of Use, Coinmama may retain information for as long as we have a business or tax need or as required under applicable laws, regulations and/or government orders from time to time; provided however, in cases where such a need or government requirement does not exist, Coinmama shall endeavor to erase and discard your data, all subject to the limitations and requirements under the applicable laws and regulations.
Limitations of Liability; Release
THE SITE AND THE SERVICES ARE PROVIDED AND/OR AVAILED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THE SITE, THE SERVICES, AND/OR ANY PART OR MATERIALS MADE AVAILABLE THEREIN, WILL BE COMPLETE, ERROR FREE, CONTINUOUS, UNINTERRUPTED, ACCURATE, THAT DEFECTS WILL BE CORRECTED, AND/OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES AND BUGS, AND MAKES NO REPRESENTATION PERTAINING TO THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS AND/OR AS TO RESULTS, OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SITE AND/OR THE SERVICES. THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE SITE AND/OR THE SERVICES LIES WITH YOU.
THE COMPANY HAS NO OBLIGATION TO MAINTAIN YOUR ACCOUNT LOGIN CREDENTIALS. THE COMPANY SHALL NOT BE LIABLE IF YOU LOSE YOUR ACCOUNT LOGIN CREDENTIALS BECAUSE OF ANYTHING OTHER THAN THE COMPANY’S NEGLIGENCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATIONS, LOSS OF BUSINESS, PROFITS, REVENUES, DATA, CONTRACTS OR ANTICIPATED SAVINGS, AND/OR LOSS OR ANY DAMAGE ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE AND/OR THE SERVICES.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, THE SERVICES, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
WE SHALL NOT BE LIABLE TO YOU IN ANY WAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL DIGITAL ASSETS. IN ADDITION, WE SHALL NOT BE LIABLE TO YOU IN ANY WAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL FIAT MONEY.
ALTHOUGH WE INTEND TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE (INCLUDING, WITHOUT LIMITATION, THE PUBLICATIONS AND THE CONTENT), THE SITE 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. 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.
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AMENDMENT OR TERMINATION OF THE SITE, THE SERVICES, AND/OR TERMS OF USE, OR SUSPENSION OF YOUR ACCESS TO YOUR ACCOUNT OR THE SERVICES, EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN.
WITHOUT DEROGATING FROM ANY OTHER PROVISION IN THE TERMS OF USE, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED 50 USD IN AGGREGATE.
ANY DISPUTES BETWEEN YOU AND ANY OTHER MEMBER AND/OR USER OF THE SITE SHALL BE EXCLUSIVELY RESOLVED BETWEEN YOU AND SUCH MEMBER AND/OR USER, AND YOU RELEASE THE COMPANY, ITS AFFILIATES AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates and service providers, and any of their respective employees, officers, directors, agents, joint ventures, and representatives, from any claims, demands, liabilities, damages, or costs (including attorneys’ fees, fines, or penalties) suffered by the Company and arising out of or related to (i) breach by you of the Terms of Use; (ii) your use of the Site or Services (or any part thereof) or use by any other person accessing the Site or the Services using your user identification, whether or not with your knowledge and/or authorization; or (iii) any violation by you of any law, rule, regulation, or the rights of any third party.
Modifications to the Terms of Use
The Company may amend, modify, update and change any of the terms and conditions of the Terms of Use from time to time, including without limitation, as a result of legal and regulatory changes, security reasons and changes to our business or the Services.
The Company will notify you of any such amendment, update, modification or change by publishing a new version of the Terms of Use on the relevant page of the Site. Any new version of the Terms of Use will take effect twenty-four (24) hours after its publication on the Site (or earlier if required by any law, regulation or directive which applies to either us or you), and your use of the Site and/or the Services after this period will be deemed to constitute your acceptance of such new version of the Terms of Use.
Please check for updates to the Terms of Use on a regular basis.
If you do not agree with any modification to the Terms of Use, your sole and exclusive remedy is to terminate your use of the Site and/or Services and close your Account.
External Websites
The Company makes no representations and takes no responsibility whatsoever regarding any third-party websites, services, or content that you may access through the Site. The Site may present links or other forms of reference to other websites (the “External Websites”) or resources over which Company has no control. You acknowledge that the Company may present such links or references to you, and that any such links or references do not imply association between the Company and the External Websites or the Company's endorsement of any content provided therein. The Company is not responsible for the availability of and content provided on External Websites. You are requested to review the policies posted by the External Websites regarding privacy and other topics before use. The Company is not responsible for third party content accessible through the Site, including opinions, advice, statements, prices, activities, and advertisements, and you shall bear all risks associated with the use of such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you access any such External Websites, you agree that you do so at your own risk and you agree that we will have no liability arising from your use of or access to any External Websites.
No Financial Advice
For the avoidance of doubt, the Company does not provide any investment or financial advice, consulting services, recommendation, or guidance, whether in connection with the Services or otherwise. We may provide information on the price, range, or volatility of digital currency and events that have affected the price of digital currency, but this is not considered investment advice and should not be construed as such. We do not advise or recommend engaging in any digital asset transactions or operations. Decisions to engage in transactions or perform actions involving digital assets should be made at your own discretion. No communication between us and you should be considered any form of investment advice. Any decision to use any services in connection with digital assets, whether the Services offered on the Site or otherwise, is your exclusive decision at your own risk and the Company will not be liable for any loss suffered. You should consult your own legal and/or tax advisors concerning your specific financial situation.
Lack of Financial Regulation.
As certain jurisdictions apply, or may at any time apply, regulations that may limit the availing of the Site or the Services, the Terms of Use, including with respect to the availing of the Site or the Services, may be amended accordingly or terminated to the extent that such amendments are not possible. You agree and understand that legislative and regulatory changes or actions at a state, federal, or international level may adversely affect the use, transfer, exchange, and/or value of digital currency.
Risks
The trading of goods and products, real or virtual, as well as virtual (digital) currencies, involves significant risks. Prices can fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency, virtual or not, may be subject to large or sudden shifts in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market. You should be aware that the risk of loss in trading or holding digital currencies can be substantial.
Digital currency trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, digital currency is a unique kind of currency, backed by technology and trust. There is no central bank or government regulator that can take corrective measures to protect the value of the digital currency in a crisis, issue more currency, or balance its price fluctuations.
Instead, digital currency is an autonomous and largely unregulated worldwide system of currency firms and individuals. Traders and market participants put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity. Thus, the value of digital currency may be derived from the continued willingness of market participants to exchange fiat currency for digital currency, which may result in the potential for the permanent and total loss of value of a particular digital currency should the market for that digital currency disappear.
Digital currency trading may be susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse relative to demand and supply. For example, confidence in digital currency might collapse as a result of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems, for example, if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent transactions from settling.
Transactions in digital currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
The abovementioned is not a closed list, there may be additional risks that we have not foreseen or identified in our Terms of Use. You should carefully assess whether your financial standing and tolerance for risk are suitable for trading or any other activity in digital currency.
Markets for digital currency have varying degrees of liquidity. Some are quite liquid while others may be thinner or illiquid. The Company does not guarantee any profit from trading or any other activity in digital currency.
IN LIGHT OF THE ABOVEMENTIONED RISKS, WHICH ARE NOT A COMPREHENSIVE LIST, YOU SHOULD CAREFULLY CONSIDER IF ENGAGING IN ANY ACTIVITIES RELATED TO DIGITAL CURRENCY IS SUITABLE FOR YOU DEPENDING ON YOUR FINANCIAL CIRCUMSTANCES.
Customer Service
You hereby expressly consent to us using the contact details provided by you on registration to occasionally contact you directly in relation to your use of the Site or the Services or any other products or services offered by us from time to time.
If you have any questions, feedbacks or complaints, you may contact the Company via Coinmama’s customer support at support@coinmama.com.
For service quality assurance, calls made by you to the customer service department may be recorded.
We will not tolerate any abusive behavior exhibited by users of the Site and/or the Services to our employees. In the event we deem that your behavior, via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of our employees, we shall have the right to close your Account with us and terminate the Terms of Use and such act will be considered as a breach of the Terms of Use by you.
General Provisions
Entire Agreement. These Terms of Use, comprise the entire understanding and agreements between you and the Company as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of the Terms of Use) and every nature between you and the Company (the "Agreement"). Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
Relationship of the Parties. Both you and the Company are independent contractors, and nothing in these Terms of Use shall be deemed to create between you and the Company any other form of relationship, and the parties shall not be deemed to be partners, joint ventures or agents. You are not authorized to make any obligations on behalf of the Company.
Assignment. You may not assign any rights and/or licenses granted under these Terms of Use, including without limitation, the right to use the Account which is exclusively for your personal use. The Company reserves the right to assign our rights without restriction, including without limitation to any Company affiliates or subsidiaries, or to any successor in interest of any business associated with the Site. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
Severability. If any provision of these Terms of Use shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Use shall not be affected.
Change of Control. In the event that the Company is acquired by or merged with a third-party entity, the Company reserves the right, in any of these circumstances, to transfer or assign the information that the Company has collected from you, including any personal information, as part of such merger, acquisition, sale, or other change of control.
Survival. All provisions of these Terms of Use which by their nature extend beyond the expiration or termination of these Terms of Use, including, without limitation, sections pertaining to suspension or termination, Account cancellation, general use of the Site, disputes with Company, and general provisions.
Disputes and Governing Law. You and the Company agree that any dispute arising and relating to these Terms of Use shall first be resolved by contacting the other party directly in the attempt to reach an amicable resolution. The Company shall contact you using the information you provided in your Account, and you shall contact the Company via Coinmama’s customer support at support@coinmama.com. You and the Company agree that any and all controversies and claims that cannot be resolved amicably will submitted to the exclusive jurisdiction of the competent courts located in Toronto, Ontario, Canada, and shall be governed by the laws of Ontario, Canada, without giving effect to its principles or rules of conflict of laws, to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the application of the laws of another jurisdiction.
Force Majeure. The Company shall not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including but not limited to any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond the Company’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.
English Language Controls. Any translation of the Terms of Use, if provided, is provided for your convenience alone. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
Contact
If you have any questions or comments concerning these Terms, please contact Coinmama through the contact information posted on the Site.
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Last revision: 21 January 2024