User agreement - ChangeCoins
Last updated: May 2020
With our help, you can use the Services, as noted above, on the conditions listed below.
1. Law enforcement and amendments
1.3 We have the right to periodically correct, supplement or generally change these Terms at our own request. In such cases, we post a notification on the main page of the Website and change the date of the last update at the top of the Terms. As soon as the new Terms are published on the site, they will take effect.
2. Terminology and definitions
• “account and its data” - login, password, e-mail and other information specified during registration, necessary to enter the System and use it;
• “services” - actions that are provided to the User, namely registration of a personal account, account, exchange function, access to the https://changecoins.io/ website, technology developed for it, and applications, including mobile, informing via electronic messages, technical support;
• “instrument” - all electronic currencies that were used to complete the transaction;
• “crypto-asset” - a digital currency distributed between all its holders, if the issuer is not one;
• “rate” - an approximate ratio of the number of Instruments to the User and the cost of currency exchange for a transaction;
• “Anti-Money Laundering Policy (AML)” program against fraud and sponsorship of terrorism, an integral part of the Terms, the text of which the User must accept;
• “user” - an adult and capable person using the Site and Services who has entered into this Agreement with the Company;
• “site” - all information in aggregate: articles, graphics, design, pictures, photos, videos, as well as other intellectual property and programs located in the information system that make all this information available at https://changecoins.io;
• “service” - the website https://changecoins.io/, technology, a platform developed for it, and applications, including mobile ones;
• “system” - software and hardware used by the Service automatically to process user operations;
• “parties” - user and service;
• “tariffs” - information about the amount of commission for the Service and the price of its additional services posted on the Web at changecoins.io;
• “service contacts” - email address [email protected].
2.2 Other terms that appear in the Agreement should be understood by the parties according to the laws of England and Wales and should be consistent with the generally accepted sense of these definitions on the Web.
2.3 The headings of the texts of the sections of the Agreement are formed only for easy reading and do not have legal decoding.
3. Access to the registration system
3.1 In order to use all the features and functionality of our Services, the User must register and make a CHANGECOINS account.
3.2 User creates a password for registration in the System. It can be changed at any convenient time. User is responsible for the security of the password and credentials from unauthorized access and determines the procedure for storing this information and preventing its transfer to third parties. In case of loss or compromise, User urgently need to inform CHANGECOINS technical support. Up to this point, it is believed that all actions in the account were performed by the User.
3.3 You cannot create any number of accounts. The company considers such actions as violation of the Terms. User can have only one account.
3.4 You must undergo the AML / KYC procedure, which is applied in accordance with our internal policy. With such procedures, CHANGECOINS has the right to request additional data and documents sent without restriction on the identification of the User and confirmation of the source of finance. The Company has the right to resort to the services of external providers for audits in the field of AML / KYC.
4. Features provided by the Services.
4.1 In our Services, the User can change one type of cryptocurrency and / or fiat currency to another.
4.3 “Crypto assets” in this document are considered to be the type of assets transferred only through blockchain technology, including digital coins and tokens, as well as other types of digital media of exchange, with full release from any securities.
4.4 The company does not have custody services, that is, we do not store crypto assets of Users on balances and deposits. In exceptional circumstances, for example, when it is necessary to carry out the AML / KYC procedure, we can delay the exchange.
4.5 The User protects and exempts the Company from liability for any direct, indirect and special loss or other damage of any type, including misuse of the Services, loss of income or data; illegal actions, including negligence; or damage arising from working with the Company, for example, misuse of the address resulting in reuse, erroneous transactions, etc.
4.6 The User understands and confirms the possibility of any delays, protects and exempts the Company from liability for any problems, claims and losses - direct, indirect, factual, including loss of income, wrongdoing, negligence, delayed exchange, regardless of who caused them.
5. The exchange process.
5.1 The initiator of the exchange procedure must be the User. User selects a pair of currencies, indicates the amount to be exchanged, enters all the necessary data and clicks the “Continue” button, and then an exchange request is formed. When its deadline expires, the User needs to click “Pay” to make a payment.
5.2 A commission is taken for an exchange operation. Its amount is fees set based.
5.3 For operations with bank cards, an additional bank commission is charged. It and other possible additional payments that payment systems, aggregators of payment methods and payment processing companies charge are not controlled by Us. The company is not responsible for all of the above.
5.4 Exchange is carried out at a fixed exchange rate, that is, the User’s rate is temporarily “frozen” for the period specified in the application in the Personal Account. It does not change, no matter what changes occur in the market. The company does not guarantee that the transaction will be executed at a fixed exchange rate in certain circumstances:
5.4.1. The user sends the cryptocurrency, after the time specified in the request after clicking the "Confirm and make payment" button.
5.4.2. The user sends a cryptocurrency amount that differs from that which must be sent and displayed on the Site, does not take into account the additional costs of withdrawing money and the network commission, that is, too small.
5.5 Technical difficulties caused by improper use of the Services, for example, the creation of erroneous transactions with the wrong address and other errors, can be solved by the technical support department. If the problem is resolved, the User receives his crypto assets back, but all applicable fees are deducted from them.
5.6 In order to comply with paragraph 3.4, the Company assumes the right to use the AML / KYC procedure (insert active link), applicable to Users, addresses, cryptocurrency transactions.
6.1 Prior to the beginning of permanent work with our Services, the User declares, guarantees, assumes obligations and agrees that:
6.1.1. He uses our Service at his discretion and assumes all possible risks.
6.1.2. He is absolutely responsible for any possible tax payments payable for working with our Services.
6.1.3. He is not a citizen, or resident of the following states: Iran, Cuba, Sudan, North Korea, Syria, Bolivia, Bangladesh and any other country under the list of UN Security Council Sanctions. This also includes all the territories of the USA, Japan and “places with limited access”, where cryptocurrency operations are prohibited by law. The company does not work in such regions. The Company has the right to choose jurisdiction, labor markets, and refusal to provide services to certain states.
6.1.4. The user, according to the jurisdiction, must be at least 16 years old, or he must have a different age of majority, in accordance with the law of his country.
6.1.5. The user agrees to pay a commission for exchange transactions made through the Services, as CHANGECOINS determined.
6.1.6. The user agrees to the risks associated with the Internet, for example, technical failures, problems with the software and connection, the Blockchain protocol, as well as any malfunction and unexpected actions, attacks on the protocol.
6.1.7. The user guarantees that the cryptocurrency belongs to him, and they are not subject to sale, encumbrance, participation in a dispute, arrest, and third parties do not claim them.
6.1.8. The user must provide the correct information for the exchange, for example, wallet addresses. They should not be connected with scams, terrorism, as well as other crimes.
6.2. The User agrees and guarantees that he will not violate the law, the agreement, the rights of other people and will not use the access to the Services for his own selfish purposes. He alone is responsible for his actions or their absence when working with our Services. Without violating everything described above, the User confirms that he will not:
6.2.1. Use our Services if the law of his country prohibits or prohibits it.
6.2.2. Engage services in fraud, deception and other offences.
6.2.3. Make an exchange or an attempt to pay through the Services through the Services if they are obtained through illegal games, scams, money laundering, terrorism, and other crimes. We can only work with legal cryptocurrencies.
6.2.4. Report false, misleading, and misleading information about yourself.
6.2.5. Change, decompile, rebuild, remove our software by any methods.
6.2.6. Use any robots, scanners, spiders, tracking programs, other automated tools or other people's interfaces to access the Site or receive information.
6.2.7. Bypass any filtering methods used by the Company, make attempts to gain access to the services and areas of our Services that it cannot reach.
6.2.8. Create any third-party programs that interact with the Services without written permission from us.
6.2.9. Motivate third parties for actions prohibited by this Section.
6.3. The user protects and exempts the Company from liability for any claims, claims, losses. The latter can be direct, secondary, indirect, factual, including the impossibility of application, loss of income, assets, data, regardless of claims under the Agreement and offenses, including negligence. Such problems may arise due to the invalidity or violation of any provision of the Section or all of the Terms.
7. Discovery of Risks.
7.1. We do not advise people on investments or legal issues regarding exchange transactions. The user acknowledges that he alone is responsible for his decisions and actions related to our platform, and we do not give personal advice on the exchange of cryptocurrencies. Before making any crypto-exchange, the User needs to understand whether such operations are suitable for him, given his current circumstances and the amount of money.
7.2. We remind you that cryptocurrencies are highly volatile because they are in the early stages of development in finance and technology. Crypto assets do not always have special protection or control from the state. This means that during the exchange the User cannot achieve the fulfilment of any guarantees or security measures expected from managed financial services.
7.3. The User has a risk of losing funds when exchanging cryptocurrencies. Therefore, he must understand this opportunity and take responsibility for the consequences of the procedure.
8. IP - Intellectual Property
8.1 All IP assets, including copyrights, trademarks, patents, trademark names, program codes, designations, logos, layouts, trade secret information, buttons, colours and graphic symbols, are protected by international law and intellectual property agreements.
8.2 By these rules, the Company grants the User a limited, non-exclusive license to access and use our IP address, only for his personal purposes, without the right of transfer.
8.3. Under no circumstances can the User edit, copy, distribute or sell any means: articles, images, video and audio recordings, program codes, design decisions, logos from our Site.
8.4. A license issued in accordance with this Section automatically expires if the Company suspends or interrupts the user's access to the Services.
8.5. When uploading feedback, suggestions, ideas, other information or other content, the User automatically gives us a worldwide license to use his content. It turns into the public domain while it is present on the website and Services and can be used for marketing, or for another purpose.
9. Receiving messages from the Company
10. Limitation of liability
10.1. Except for those situations where the Company declares in writing that the Services are provided "In the current state" and "On condition of availability", We are not responsible for anything. You do not require any warranties, such as commercial value, fitness for a particular purpose, or breach of the Services, content and materials contained therein.
10.2. In addition to the circumstances provided by law, the Company, its managers, officials, employees, agents, are not responsible for direct, indirect, special and any other damages, including an inability to use, loss of income, information, claims under the Agreement, acts of offences, including negligence. The same applies to losses caused by the use in the source of information obtained due to errors, deficiencies, interruptions, defects, delays in operation, deletion of files or e-mail address, force majeure, communication failures, theft, destruction, illegal access to records, programs, Services of the Company.
10.3 The obligatory, maximum allowed by the current law's liability of the Company, all its managers and participants, specified in the contract, guarantee, act of offence arising from the use of the Services or the impossibility of this, or relating to these Terms, may not be more commissions paid by you to the Company for three months. The term is considered before the filing of claims, on the basis of which liability arises.
10.4. CHANGECOINS tries to protect its customers from scams and fraud with cryptocurrencies. Cryptocurrencies are often used to illegally seize someone else's property and are considered an element of criminal activity that is recognized as such by law. We cooperate with law enforcement agencies and other competent structures capable of detecting and disclosing illegal cryptocurrencies. The Company has the right to prohibit and terminate various types of exchanges on the Services with such cryptocurrencies without warning and publishing the grounds for such a decision as soon as it learns about it.
The User protects and releases us from liability for any claims, claims, losses, which may be direct, indirect, resulting from special or other losses, such as loss of use, income, information. The same applies to claims under the Agreement, acts of offences, including negligence, other losses incurred due to the prohibition or termination of exchange transactions on the Site with any cryptocurrency.
11. Refusal of operations with cryptocurrencies with properties of securities.
11.1. We take all measures to integrate and exchange those digital coins, tokens and other exchange media that cannot be classified as SEC and other competent national authorities.
11.2 The responsibility for the fact that the cryptocurrency is not a securities lies with its owner. The Company has the right to voluntarily prohibit and stop any exchanges and other transactions with digital tokens or coins if there is a risk or assumption that they may relate to securities.
11.3 CHANGECOINS uses best practices to determine the classification of a crypto asset as a securities. However, for the avoidance of doubt, all information in this section may not be construed as a guarantee or investment, financial, legal or other recommendation that any cryptocurrency of our Services is not a security.
12. Termination of the Terms
12.1. We have the right to cancel all the listed Terms and delete the User's account, restrict access to the account until the completion of the application and fulfilment of all obligations under the application, as well as registration, including password and login in several situations:
12.1. If for certain reasons the Company ceases to provide the Services and notifies the Users at least 3 calendar days by e-mail.
12.2. If we believe that the User has violated any of the described Terms without notice. In this case, the account is deleted immediately.
12.3. If, in our opinion, it is necessary to stop work of Services.
12.5. CHANGECOINS suspends or terminates the User's or Service's account, processing any cryptocurrency transactions at any time if the User violates the Anti-Money Laundering Policy (AML).
12.6. For any other reason, in its sole discretion, without prior notice to the User, if the Company has reasonable grounds to believe that the interaction with the User may have a negative impact on the Company.
12.7. The Company has the right not to disclose the reason for deletion, restriction of the User's account at its own discretion, if the Company has sufficient grounds to believe that the latter has committed illegal acts.
13. Applicable law
13.1. The User and the Company agree to resolve any disputes relating to these Terms of Service with our Services, except disputes where each party seeks fairness and assistance in resolving issues of alleged illegal use of copyrights, trademarks, names, logos, patents and trade secrets.
13.2. The User and the Company agree to notify each other in writing within 30 days of the dispute. Information for CHANGECOINS is sent to ____________.
13.3 All disputes and disagreements, discrepancies, claims related to the existence, interpretation, performance, violation, termination of non-contractual obligations, are considered and fully resolved by the decision of the London International Arbitration Court.
13.4. This arbitration clause is governed by the laws of England and Wales.
13.5. The place where the trial will take place is the capital of England.
13.6. The case must be heard by 1 arbitrator, and it is conducted only in English.
13.7. In addition to the group risk procedures and remedies described below, the arbitrator has the right to use any remedies that would otherwise be available to the court. Each dispute between the two parties is governed by these Terms, the law of England and Wales, without any conflict of law principles governing the jurisdiction of another jurisdiction.
13.8. Where the dispute is takes place: in court or in arbitration. The User does not file a class action lawsuit, arbitration or legal proceedings, a representative action against the Company.
14.1. These Terms are the entire Agreement, which replaces all previous simultaneous agreements of the parties regarding the Services.
14.2 In the event of any inconsistencies between these Terms and any other agreement of the User with the Company, the terms of this agreement take precedence only in the case of special definition and declaration of redefinition by another agreement.
14.3. If any of these Terms is invalid or unenforceable, it does not affect the enforceability and validity of the other Terms, each of which remains in full force.
14.4. The User is not able to assign or transfer its certain rights and obligations, according to these Terms, without the prior permission of CHANGECOINS in writing, even on legal grounds and with any change of control. The Company has the right to assign or transfer any of its rights, in accordance with these Terms, in whole or in part, without the approval and consent of the User.