Important Notice
These Terms govern your use of Cointeller and the products,
features, apps, services, technologies, and software we offer,
except where we expressly state that separate terms apply.
Terms of Service
Last Revised: April 18th, 2020
You may use the Service (or any part thereof) only in accordance
with the terms and conditions listed hereunder.
The software you are about to use functions as a free digital
wallet.
IF YOU LOSE ACCESS TO YOUR COINTELLER WALLET PASSPHRASE AND/OR
PASSWORD, YOU ACKNOWLEDGE AND AGREE THAT ANY CRYPTOCURRENCY YOU
HAVE ASSOCIATED WITH THAT COINTELLER WALLET WILL BECOME
INACCESSIBLE.
All transaction requests are irreversible.
The software does not constitute an account where Cointeller or
other third parties serve as financial intermediaries or
custodians of your cryptocurrency.
While the software has undergone beta testing and continues to be
improved by feedback from the open-source user and developer
community, we cannot guarantee that there will be no bugs in the
software.
You acknowledge that your use of this software is at your own
discretion and in compliance with all applicable laws in your
jurisdiction.
You are responsible for safekeeping your passwords, private key
pairs, PINs and any other codes you use to access the software.
The authors of the software, employees and affiliates of
Cointeller, and copyright holders cannot retrieve your private
keys or passwords if you lose or forget them and cannot guarantee
transaction confirmation as they do not have control over the
cryptocurrency networks.
To the fullest extent permitted by law, this software is provided
“as is” and no representations or warranties can be made of any
kind, express or implied, including but not limited to the
warranties of merchantability, fitness or a particular purpose and
noninfringement
You assume any and all risks associated with the use of the
software. In no event shall the authors of the software, employees
and affiliates of Cointeller, or copyright holders be held liable
for any claim, damages or other liability, whether in an action of
contract, tort, or otherwise, arising from, out of or in
connection with the software.
We reserve the right to modify this disclaimer from time to time.
I affirm that I have read, understood, and agree with these terms.
1. Acceptance of the Terms
By entering, connecting to, accessing or using the Service you
acknowledge that you have read and understood the following Terms
of Use including the Terms of our Privacy Policy (collectively,
the “Terms”) and you agree to be bound by them and to comply with
all applicable laws and regulations regarding your use of the
Service, and you acknowledge that these Terms constitute a binding
and enforceable legal contract between Cointeller and you.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO,
CONNECT TO, ACCESS OR USE THE SERVICE.
The Service is not allowed for use by individuals who are under
the age of eighteen (18) years old (see Section 7 below).
2. The Service enables its registered Users to place crypto
deposits and transfer payments to certain third parties, including
Cryptocurrency exchange, marketplace and brokerage services
carrying the Service (collectively – the “Exchange(s)”).
By accepting these Terms, you represent that any and all
information you provide us through the Service is true and
accurate. Any false or fraudulent information and/or use of
Service is prohibited.
PLEASE READ CAREFULLY: YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE
SERVICE IS INTENDED FOR PLACING DEPOSITS AND TRANSFERRING PAYMENTS
TO CERTAIN THIRD PARTIES, INCLUDING EXCHANGE(S), FOR WHATEVER
REASON, INCLUDING FOR THE PURCHASE OF CERTAIN CRYPTOCURRENCY,
DERIVATIVES AND/OR RELATED PRODUCTS AND SERVICES. COINTELLER IS
NOT THE OPERATOR OF SUCH EXCHANGE(S), NOR IS IT THE PROVIDER OF
ANY GOODS OR SERVICES (INCLUDING CRYPTOCURRENCY) NOT EXPLICITLY
DETERMINED TO BE PROVIDED BY IT HEREUNDER.
COINTELLER IS NOT IN ANY WAY RESPONSIBLE FOR THE CONDUCT OR
BEHAVIOR OF ANY EXCHANGE OR OTHER THIRD-PARTY SERVICES (AS DEFINED
HEREUNDER) OR ANY USERS THEREOF AND/OR OF THE SERVICE, NOR IS IT
RESPONSIBLE OR INVOLVED IN ANY WAY WITH ANY TRANSACTION OR
TRANSFER OF ANY RIGHT TO, OR LEGAL OWNERSHIP OF, ANY
CRYPTOCURRENCY WHATSOEVER. COINTELLER SHALL NOT BE RESPONSIBLE NOR
LIABLE FOR ANY DAMAGE OR LOSS THAT MAY RESULT FROM YOUR OR ANY
OTHER USERS’ USE OF THE SERVICE, ANY EXCHANGES AND/OR THIRD-PARTY
SERVICES, AND/OR FOR ANY SUBSEQUENT USE OF ANY MONEYS DEPOSITED
AND/OR TRANSFERRED BY YOU THROUGH THE SERVICE, INCLUDING WITH
RESPECT TO ANY CRYPTOCURRENCY OR OTHER THIRD-PARTY SERVICE’S GOODS
OR SERVICES., OR FOR ANY THIRD-PARTY CONTENT DISPLAYED,
MAINTAINED, TRANSMITTED OR LINKED BY OR IN CONNECTION WITH THE
SERVICE.
COINTELLER DOES NOT IN ANY WAY ENDORSE ANY APPLICATION, PRODUCT,
GOOD, SERVICE OR ADVERTISEMENT WHICH MAY BE MENTIONED OR OTHERWISE
PRESENTED OR LINKED ON, THROUGH AND/OR IN CONNECTION WITH THE
SERVICE, INCLUDING FOR ANY EXCHANGE, THIRD-PARTY SERVICES AND/OR
CRYPTOCURRENCY.
Cointeller will not be responsible for the content, exchange rate,
quality, reliability, usability, or the level of service provided
by the Exchange and will not be liable for any damages or losses
whatsoever arising from or in connection with the use or inability
to use any goods or services offered by and/or through the
Exchange, including by other Users of the Service.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY
AT YOUR OWN RISK.
3. User Representations and Undertakings Your use of the Service
(or any part thereof) is dependent on the fact that you hereby
represent and warrant that:
3.1. The execution of the Terms does not and will not violate any
other agreement to which you are bound or any law, rule,
regulation, order or judgment to which you are subject;
3.2. You will not infringe or violate any of the Terms;
3.3. You possess the legal authority to enter into these Terms and
to form a binding agreement under any applicable law, to use the
Service in accordance with these Terms, and to fully perform your
obligations hereunder;
3.4. If you connect to, access or use the Service on behalf of an
entity or any third party, you represent and warrant that you are
duly authorized under any applicable law to represent such entity
or third party in connection with these Terms and to commit it to
be bound by these Terms, and hereby make all representations and
warranties herein on both your and its behalf;
3.5. You possess the knowledge and judgment necessary to decide
whether to use the Service or otherwise engage with other Users of
Service;
3.6. You acknowledge that you are solely responsible for complying
with applicable laws regarding use of the Service, or any other
interaction and/or transaction you make through or in connection
with the Service, including the determination of whether a
transaction made through or following your use of the Service
complies with the terms of the jurisdictions and laws applicable
to you and all other parties of your engagement;
3.7. You will not rely on Cointeller and fully understand that we
do not provide any endorsement, support, representation or
guarantee regarding the accuracy, reliability, truthfulness,
legality or completeness of any goods, services, information or
content that may be available to you in connection with the
Exchange, including with respect to any Cryptocurrency;
3.8. You will obtain appropriate professional advice (including
legal, accounting, commercial and any other advice) to protect
your interests before engaging in any matter in which you may
benefit from such advice. You acknowledge that there is no
professional relationship (including any attorney-client or
advisor-advisee relationship) between you and Cointeller or any
other Users, unless you and any such User specifically agree
otherwise, and that you may not solely or fundamentally rely on
any information, content or any features you find on or through
the Service; and
3.9. You acknowledge that there are risks in using the Service
and/or connecting and/or dealing with other Users and/or any
Exchange, through or in connection with Service, and that
Cointeller cannot and does not guarantee any specific outcomes
from such use, interactions and/or transactions, and you hereby
assume all such risks, liabilities and/or harm of any kind arising
in connection with and/or resulting from such use, interactions
and/or transactions. Such risks may include, among others,
misrepresentation of information about and/or by any Exchange(s),
goods, services and/or other Users, breach of warranty and/or
contract, violation of rights and any consequent claims.
4. Use Restrictions
There are certain conducts which are strictly prohibited on and/or
with respect to the Service. Please read the following
restrictions carefully. Your failure to comply with the provisions
hereunder may result (at Cointeller sole discretion) in the
termination of your access to the Service and may also expose you
to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
(i) copy, modify, create derivative works of, adapt, emulate,
translate, reverse engineer, compile, decompile or disassemble any
portion of the content on the Service, including any information,
material and data available on the Service (collectively, the
“Content”) in any way, or publicly display, perform, or distribute
the Content, without Cointeller prior written consent;
(ii) copy, modify, create derivative works of, reverse engineer,
adapt, emulate, translate, reverse engineer, compile, decompile or
disassemble the Service (or any part thereof), and/or permit
others thereto;
(iii) make any use of the Content on any other website or
networked computer environment for any purpose, or replicate or
copy the Content without Cointeller prior written consent;
(iv) create a browser or border environment around the Service
and/or Content, link, including in-line linking, to elements on
the Service, such as images, posters and videos, and/or frame or
mirror any part of the Service, unless as expressly permitted
hereunder;
(v) interfere with or violate any other User’s right to privacy or
other rights, or harvest or collect personally identifiable
information about visitors or users of the Service without their
express and informed consent, including using any robot, spider,
site search or retrieval application, or other manual or automatic
device or process to retrieve, index, or data-mine;
(vi) defame, abuse, harass, stalk, threaten and/or violate in any
way the legal rights of others;
(vii) use and/or display the Service (or any part thereof) on
and/or with respect to any good or service, which in itself and/or
which contains any information or content that may be considered
as abusive, harassing, threatening, inciting hatred, encouraging
or facilitating anti-social behavior, promoting the tobacco
industry or the armaments industry, obscene, defamatory, libelous,
or racially, sexually, religiously, or otherwise objectionable,
offensive and/or violating in any way the legal rights of others,
and/or where presence of the Content or any reference to
Cointeller and/or the Service might be perceived as damaging to
Cointeller reputation and goodwill or actually bring TokenPay into
disrepute;
(viii) transmit, distribute, display or otherwise make available
through or in connection with the Service any content, which may
infringe third party rights, including Intellectual Property
rights and privacy rights, or which may contain any unlawful
content;
(ix) impersonate any person or entity or provide false information
on the Service, whether directly or indirectly;
(x) falsely state or otherwise misrepresent your affiliation with
any person or entity, or express or imply that Cointeller or any
third party endorses you, your business, or any statement you
make, or present false or inaccurate information about and/or
through the Service;
(xi) transmit or otherwise make available in connection with the
Service, and/or use the Service to distribute and/or otherwise
transmit any virus, worm, Trojan Horse, time bomb, web bug,
spyware, or any other computer code, file, or program that may or
is intended to damage or hijack the operation of any hardware,
software, or telecommunications equipment, or any other actually
or potentially harmful, disruptive, or invasive code or component;
(xii) interfere with or disrupt the operation of the Service, or
the servers or networks that host the Service or make the Service
available, or disobey any requirements, procedures, policies, or
regulations of such servers or networks;
(xiii) sell, license, or exploit for any commercial purposes any
use of or access to the Content and/or Service;
(xiv) use the Service for and/or in connection with any form of
spam, unsolicited mail or similar conduct;
(xv) create a database by systematically downloading and storing
all or any of the Content, or forward any data generated from the
Service without the prior written consent of Cointeller;
(xvi) bypass any measures which may be used to prevent or restrict
access to the Service and/or certain functionalities therein;
(xvii) use the Content and/or the Service for any illegal, immoral
or unauthorized purpose;
(xviii) use the Service and/or the Content for non-personal or
commercial purposes without Cointeller prior express written
authorization; or
(xix) infringe or violate any of these Terms.
5. Privacy Policy
We respect your privacy and are committed to protecting the
information you share with us in connection with the Service. Our
policy and practices and the type of information collected are
described in our Privacy Policy. If you intend to connect to,
access or use the Service you must first read and agree to the
Privacy Policy.
6. Intellectual Property
The Service (including the Site and Platform), the Content,
Cointeller proprietary software and any and all intellectual
property rights pertaining thereto, including, without limitation,
inventions, patents and patent applications, trademarks, trade
names, logos, copyrightable materials, graphics, text, images,
designs (including the “look and feel” of the Service and any part
thereof), specifications, methods, procedures, information,
know-how, algorithms, data, technical data, interactive features,
source and object code, files, interface, GUI and trade secrets,
whether or not registered and/or capable of being registered
(collectively, “Intellectual Property”), are owned and/or licensed
to Cointeller, and are subject to copyright and other applicable
intellectual property rights under Curacao laws, foreign laws and
international conventions. You may not copy, distribute, display,
execute publicly, make available to the public, emulate, reduce to
human-readable form, decompile, disassemble, adapt, sublicense,
make any commercial use, sell, rent, lend, process, compile,
reverse engineer, combine with other software, translate, modify
or create derivative works of any material that is subject to
Cointeller proprietary rights, including Cointeller Intellectual
Property, either by yourself or by anyone on your behalf, in any
way or by any means, unless expressly permitted in the Terms.
Cointeller and all logos and other proprietary identifiers used by
Cointeller in connection with the Service (“Cointeller
Trademarks”) are all trademarks and/or trade names of Cointeller,
whether or not registered. All other trademarks, service marks,
trade names and logos which may appear on or with respect to the
Service, including on or in connection with the Exchange, belong
to their respective owners (“Third Party Marks”). No right,
license, or interest to Cointeller Trademarks and/or to the
Third-Party Marks is granted hereunder, and you agree that no such
right, license, or interest shall be asserted by you with respect
to Cointeller Trademarks or the Third-Party Marks and therefore
you will avoid using any of those marks, unless expressly
permitted herein.
You are hereby prohibited from removing or deleting any and all
copyright notices, restrictions and signs indicating proprietary
rights of Cointeller and/or its licensors, including copyright
mark [©] or trademark [® or ™] contained in or accompanying the
Service, and you represent and warrant that you will abide by all
applicable laws in this respect. You are further prohibited from
using, diluting or staining any name, mark or logo that is
identical, or confusingly similar to any of Cointeller marks and
logos, whether registered or not.
7. Minors
You may use the Service only if you are at least eighteen (18)
years old. If you are under the age of eighteen (18) or under the
legal age to form a binding contract in the jurisdiction in which
you are located, you may only use the Service under the
supervision of a parent or legal guardian who has agreed to stand
behind any agreement you enter into while using the Service,
including these Terms. We reserve the right to require you at any
stage to provide proof of age, and, if applicable, approval of
your use of the Service by your parent or legal guardian, so that
we can verify that only eligible Users are using the Service. In
the event that it comes to our knowledge that a person under the
age of eighteen (18) is using the Service, we will prohibit and
block such User from accessing the Service and will make all
efforts to promptly delete any Personal Information (as such term
is defined in our Privacy Policy with respect to such User.
8. Third-Party Services
The Service may be available on and/or linked to through certain
third-party Exchanges, websites and other third-party services
(collectively, “Third Party Services”). Such Third-Party Services
are independent from the Service. You hereby acknowledge that
Cointeller has no control over such Third-Party Services, and
further acknowledge and agree that Cointeller is not responsible
for the availability of Third Party Services, and does not endorse
and is not responsible or liable for any goods, services, content,
advertisements, products, or any materials available on and/or
through such Third-Party Services.
You further acknowledge and agree that Cointeller shall not be
responsible or liable, directly or indirectly, for any damage or
loss whatsoever caused, or alleged to be caused, by or in
connection with use of or reliance on any goods, services,
content, products or other materials available on or through any
Third-Party Services and/or Exchanges. Most Exchanges and
Third-Party Services provide legal documents, including terms of
use and privacy policy, governing the use of each such Third-Party
Services and Exchanges, their contents and services. We encourage
you to read these legal documents carefully before using any such
Third-Party Services or Exchanges.
8.3. In addition, we may transfer any Non-Personal Information
provided by you through your use of the services on our website to
the Third Party Service Provider in order to allow the Third Party
Service Provider to perform preliminary examinations of
Non-personal Information for the purpose of determining if you are
qualified to use the services of such Third Party Service Provider
(including the history of your transactions on the website which
will be provided without any identifying information and solely
for the purpose of performing the preliminary examinations).
8.4. By accepting these terms, you represent that any and all
information you provide us is true and accurate. Any false or
fraudulent information and/or use of the services rendered to you
is prohibited.
8.5. You are not obligated by law to provide us and/or the
Third-Party Service Provider with any Personal Information. You
hereby acknowledge and agree that you are providing us and/or the
Third-Party Service Provider with Personal Information at his/her
own free will, for the purposes of rendering the Services.
9. Availability
The Service’s availability and functionality depend on a range of
factors, such as communication networks, software, hardware,
Cointeller service providers and contractors, and such Third-Party
Services carrying the Service. Cointeller does not warrant or
guarantee that the Service will operate and/or be available at all
times without disruption or interruption, or that it will be
immune from unauthorized access error-free.
10. Changes to the Service
Cointeller reserves the right to modify, correct, amend, enhance,
improve, make any other changes to, or discontinue, temporarily or
permanently, the Service (or any part thereof) without notice, at
any time. In addition, you hereby acknowledge that the Content
available through the Service may be changed, extended in terms of
content and form or removed at any time without any notice to you.
You agree that Cointeller shall not be liable to you or to any
third party for any modification, suspension, error, malfunction
or discontinuance of the Service (or any part thereof).
11. Disclaimer and Warranties
COINTELLER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE
USE OR OPERATION OF THE SERVICE (OR ANY PART THEREOF).
THE SERVICE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION
ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON
AN “AS IS” BASIS AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR
NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING WITHOUT
LIMITATION, THE QUALITY OF PRODUCTS AND SERVICES PROVIDED BY
USERS, THIRD PARTY SERVICES AND/OR EXCHANGES.
COINTELLER AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS,
PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY,
“SIMPLEXCC AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE
NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY,
QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS,
TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA,
RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY SIMPLEXCC
AND/OR ANY USER RELATED TO YOUR OR ANY USER’S USE OF THE SERVICE.
COINTELLER DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE
MENTIONED ON THE SERVICE OR MADE AVAILABLE IN CONNECTION WITH THE
SERVICE, INCLUDING ANY THIRD-PARTY SERVICES AND/OR ANY EXCHANGES
USING THE SERVICE.
COINTELLER DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS
OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT
ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR
OTHER PROGRAM LIMITATIONS. SIMPLEXCC MAY, AT ITS SOLE DISCRETION
AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND,
ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY
TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR
FEATURES WITHOUT ANY NOTICE TO YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE, INCLUDING
THE TRANSFER OF ANY PAYMENT THROUGH THE SERVICE AND/OR YOUR USE OF
THE EXCHANGE AND/OR OF ANY CRYPTOCURRENCY FROM THE EXCHANGE, IS
ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, AT YOUR OWN RISK.
12. Limitation of Liability
IN NO EVENT SHALL COINTELLER AND/OR ANY OF THE COINTELLER
AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND, RESULTING FROM OR ARISING OUT OF THE SERVICE, USE OR
INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS
REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE
PERFORMANCE OR FAILURE OF TOKENPAY TO PERFORM UNDER THESE TERMS,
AND OTHER ACT OR OMISSION OF COINTELLER BY ANY OTHER CAUSE
WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE
CONDUCT OF ANY USERS, THIRD-PARTY SERVICES AND/OR EXCHANGES
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE
THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY
TO A USER RESIDING IN SUCH STATES.
SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO ALL
CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT,
WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU
HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY
ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE
CONSIDERATION FOR COINTELLER SERVICES TO YOU, AND SUCH LIMITATIONS
WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY, AND EVEN IF COINTELLER AND/OR ANY COINTELLER
AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES
AND/OR DAMAGES.
13. Indemnification and Setoff
You agree to defend, indemnify and hold harmless Cointeller and
any Cointeller Affiliates from and against any and all claims,
damages, obligations, losses, liabilities, costs, debts, fines,
late fees, cancellation fees and expenses (including attorney’s
fees) arising from: (i) your use of the Service (or any part
thereof); (ii) your violation of any term of these Terms; (iii)
any damage of any sort, whether direct, indirect, special or
consequential, you may cause to any third party which relates to
your use of the Service, including without limitation any damage
related to Cryptocurrency purchased and sold by you through an
Exchange and in connection with the Service; (iv) your violation
of any third party rights; and (v) any charge-back or cancellation
of any monetary deposit or payment made by you through the
Service.
You further agree that any funds or other assets which you have
deposited with an Exchange and/or which you are entitled to from
and/or through such Exchange may be set off by either the Exchange
and/or Cointeller and used as collateral in order to secure the
fulfillment of your obligations herein.
In addition, you hereby agree that any payment to be made by you
with respect to the Service which is not made by its due date
shall bear interest thereon at the maximum rate permitted by law
at the time payment is due, computed from the original due date
until paid, and that you shall be liable to pay any payments or
fees arising from such delinquent payments.
14. Amendments to the Terms
Cointeller may change the Terms from time to time, at its sole
discretion and without any notice, including the Privacy Policy.
Substantial changes of these Terms will be notified on the
Service. Such substantial changes will take effect fourteen (14)
days after such notice was provided on any of the above-mentioned
methods. Otherwise, all other changes to these Terms are effective
as of the stated “Last Revised” date and your continued use of the
Service after the Last Revised date will constitute acceptance of,
and agreement to be bound by, those changes. Please note that in
the event that the Terms should be amended to comply with any
legal requirements, such amendments may take effect immediately
and without any prior notice, as may be required by law.
15. General
15.1. These Terms do not, and shall not be construed to create any
relationship, partnership, joint venture, employer-employee,
agency, or franchisor-franchisee relationship between Cointeller
and you.
15.2. These Terms, and the rights and remedies provided hereunder,
and any and all claims, disputes and controversies arising
hereunder or related hereto and/or to the Service, their
interpretation, or the breach, termination or validity thereof,
the relationships which result from these Terms, or any related
transaction shall be governed by, construed under and enforced in
all respects solely and exclusively in accordance with the laws of
Curacao without reference to its conflict-of-laws principles, and
shall be brought in, and you hereby consent to exclusive
jurisdiction and venue in, the competent courts in Curacao.
15.3. Cointeller may assign its rights and obligations hereunder
and/or transfer ownership rights and title in the Service to a
third party without your consent or prior notice to you. Your
rights and obligations under the Terms are not assignable. Any
attempted or actual assignment thereof without Cointeller prior
explicit and written consent will be null and void.
15.4. If any provision of these Terms is found to be unlawful,
void, or for any reason unenforceable, then that provision will be
deemed severable from these Terms and will not affect the validity
and enforceability of any remaining provisions.
15.5. No waiver by either party of any breach or default hereunder
will be deemed to be a waiver of any preceding or subsequent
breach or default. Any heading, caption or section title contained
herein is inserted only as a matter of convenience, and in no way
defines or explains any section or provision hereof.
15.6. These Terms constitute the entire terms and conditions
between you and Cointeller relating to the subject matter herein
and supersede any and all prior or contemporaneous agreements,
understandings, promises, conditions, negotiations, covenants or
representations, whether written or oral, between Cointeller and
you, including, without limitation, those made by or between any
of our respective representatives, with respect to the Service.
You agree that you will make no claim at any time or place that
these Terms have been orally altered or modified or otherwise
changed by oral communication of any kind or character. You
further agree that you are not relying upon any promise,
inducement, representation, statement, disclosure or duty of
disclosure of Cointeller in entering into these Terms.
15.7. The provisions of the User Representations and Undertakings,
Use Restrictions, Intellectual Property, Third Party Services,
Availability, Disclaimer and Warranties, Limitation of Liability,
Indemnification and General Sections, will survive the termination
or expiration of these Terms.
16. Contact
If you have any questions concerning the Terms or the Service, you
are welcome to contact us at [email protected] or through the
Contact Us option on our website. We will make every effort to
reply within a reasonable timeframe (typically within 2-3 business
days).