The Services allow buyers (the “Buyers”) and sellers (the “Sellers”) to buy the digital currencies (e.g. Kala) supported by the Site (hereinafter referred to as the “Digital Currency”) and to sell the Digital Currency to the Company, in the event the Company elects to purchase, subject to Company’s sole discretion.
Depending on Your country of residence, You may not be eligible to use all the Services of the Site. It is Your responsibility to follow those rules and laws in Your country of residence and/or country from which You access this Site and Services.
The Services allow buyers (the “Buyers”) to purchase deals offered by vendors (the “Vendors”) that may be redeemed at the Vendor’s place of business. Purchasing deals creates a binding contract with the Vendor that they buyer may redeem the deal at the specified location, within the specified time limit, and for the specified value. Any deviation from the terms of the deal makes the deal redemption null and void. Deals purchased through the site are not refundable.
By opening an account to use the Services (the “Account”), You expressly represent and warrant:
The trading of goods and products, real or virtual, as well as virtual 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 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.
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 “fiat” currency, backed by technology and trust. There is no central bank that can take corrective measures to protect the value of the Digital Currency in a crisis or issue more currency.
Instead, Digital Currency is an autonomous and largely unregulated worldwide system of currency firms and individuals. Traders put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
Digital Currency trading is probably susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to 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.
You should carefully assess whether Your financial standing and tolerance for risk are suitable for buying, selling or trading Digital Currency.
COMPANY DOES NOT GUARANTEE ANY PROFIT FROM TRADING OR ANY OTHER ACTIVITY ASSOCIATED WITH THE SITE. IN LIGHT OF THE RISKS ABOVEMENTIONED, WHICH ARE NOT A COMPREHENSIVE LIST, YOU SHOULD CAREFULLY CONSIDER IF HOLDING DIGITAL CURRENCY IS SUITABLE FOR YOU DEPENDING ON YOUR FINANCIAL CIRCUMSTANCES.
The Site is for Your own personal and non-commercial use only. Company is vigilant in maintaining the security of the Site and the Services. By registering with us, You agree to provide us with current, accurate, and complete information about You as prompted by the registration process and the verification process, and to keep such information updated at all times. You further agree that You will not use any Account other than for Your own, or access the Account of any other Member at any time, or assist others in obtaining unauthorized access.
The creation or use of the Account without obtaining our prior express permission will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. 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 Members being terminated, without derogating from any other remedy to which the Company may be entitled for such a violation and the Company may take further actions against You.
You are responsible for maintaining the confidentiality of Your Account information, including Your password, safeguarding Your own Digital Currency, and for all activity and Transactions that are posted to Your Account. Company may request additional information as necessary, including in the event of any suspicious activity related to Your Account, including authenticating documents, and may freeze any Transactions pending our review. You are obligated to comply with these security requests, or accept termination of Your Account.
You are required to notify us immediately of any unauthorized use of Your Account or password, or any other breach of security by email addressed to [email protected] Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by Company or any other user of the Site and Services.
You agree to receive transactional emails from us. Such emails will be cancelled upon Your request using the "unsubscribe" option presented in any such email, when applicable.
Finally, You agree that You will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. In addition, You warrant not to use methods to conceal the location from which you access the Site and that You will disclose to the Company Your accurate and true location.
You acknowledge that in addition to the above, certain features of Company’s Services require that You provide Company with additional personal information and/or documentation, which may include without limitations, Your address, telephone number, ID number, birthdate, taxpayer identification number and information regarding Your personal bank account details.
You warrant that any and all of the personal information submitted as may be required, is accurate and authentic. Furthermore, You warrant to update the Company with respect to any changes in or of the information submitted to Company. Company may use or transfer Your information to third party service providers for the purpose of providing You with the Services under the Site or the improvement thereof.
You acknowledge that the Company performs inquiries to verify Your personal information, whether directly or through the assistance of third party service providers in its attempt to prevent misidentification, fraud, suspicious activity or money laundering or any other forbidden activity and may take actions with respect to the outcome of such inquiries as it deems necessary. You hereby provide Company with Your authorization for such inquiries as aforementioned, including with respect to a query of Your account information.
Availability.Company cannot and does not guarantee the availability of the Services at all times. You acknowledge that in order to protect the Site and its operation, the Company reserves the right at all times, to delay or deny any transaction if it perceives a risk of misconduct, fraud or illegal activity, subject to Company’s sole discretion.
Transactions Limits. You acknowledge that certain limits may apply to the Transaction volume in any given period in accordance with Company’s policies as may be amended from time to time.
REFUNDS. DUE TO THE NATURE OF THE SERVICES THE SITE PROVIDES, ALL PURCHASES MADE ON THE SITE ARE NON-REFUNDABLE. You acknowledge that transactions executed are non-cancelable and You cannot change or reverse any Transaction which was complete or which is pending.
The abovementioned notwithstanding, the Company may endeavor to comply with a request from You to cancel a transaction on Your account should Company determine the cancellation feasible, all subject to Company’s sole discretion and You will have no complaints or demands with that respect.
Payment Declined. Company may terminate any Transaction for payment that was declined for any reason. If possible, in the event of termination of any Transaction, the Company will provide You with notification to that regard.
Privacy of Members Information. Provided that in the course of using the Services You are disclosed of any Member’s information, You are obligated to keep such Member’s information in strict confidence and use it in connection with the Services only. You may not disclose such Member’s information without the said Member’s prior written consent.
Login Information Security. Your login information and password must be kept in strict confidence at all times. Compromise of Your login information may expose Your Account to unauthorized access by third-parties which may result in loss or theft of Digital Currency or funds from Your Account, including linked accounts, such as Your linked bank accounts and credit cards. In order to receive security alerts from the Company, You must update the Company with respect to changes in Your email address and telephone number. At no event will the Company be held responsible for any damages or losses which You may sustain as a result of compromise of Your Account login credentials due to no fault of Company and/or failure to follow or act on any notices or alerts that we may send to You. Any suspected compromise of Your login information should be immediately reported to Company at [email protected].
Site Content Accuracy. You acknowledge that the Site and any content therein, may contain errors from time to time and may not be accurate or current at all time. In addition, the Site may suffer technical errors. Without derogating from the abovementioned, the Company takes reasonable measures to provide You with accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and Services.
You should verify all information before relying on it, and all decisions based on information contained on the Company Site are Your sole responsibility and Company shall have no liability for such decisions.
The Site may include links to third party materials which may be provided as a convenience but are not endorsed by the Company. You acknowledge and agree that Company is not responsible for the content or services promoted by any third party or on any third-party sites accessible through or linked to the Company Site.
Third Party Access. The Account is for Your own personal use. If you grant access or connect to Your Company Account, You are fully responsible for all acts or omissions of any such third party with respect to the acts or omissions of such third party using Your Account. In addition, You will hold Company harmless and will indemnify and defend the Company from any liability arising out of or related to any act or omission of any third party with access to Your Account.
Prohibited Acts. The License granted to You for the use of the Services on the Site is subject to Your obligation not to engage in any prohibited activity. You acknowledge that the Company reserves the right to review, monitor, record and/or disclose any information as may be necessary to comply with any applicable laws, regulations, legal process or governmental request. Should the Company determine, in its sole discretion, that the activity on Your Account is suspicious or related to any prohibited activity or illegitimate operation, the Company may cancel or suspend Your Account, block any outstanding Transactions and deny any new Transactions and freeze any funds available on Your Account.
Security and Viruses. Any use of the internet may be subject to virus attack and communication failure. Company 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. Company recommends that all Members use a reputable and available virus screening and prevention software at all times. You should also apply caution when reviewing text messages and emails purporting to originate from Company 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.
The Services offered to Members with verified Accounts include purchasing, selling to the Company if applicable, and transferring of Digital Currency to Your personal wallet address which was provided by You to the Company in accordance with Your instructions as submitted by You through the Site, and transferring Digital Currency to other wallet addresses (each transaction is hereinafter referred to as "Transaction").
For the purpose of executing any Transaction, as needed, You guarantee to use and provide the wallet address owned by You exclusively and which is under Your sole and full control to which the Digital Currency purchased by You will be transferred.
You acknowledge that Company will not be liable for any error with respect to Your instructions as provided.
All Transactions are pending confirmation process. Pending Transactions are considered not completed Transactions and may remain unconfirmed for the duration necessary for the confirmation of such Transaction.
Should You upload any content on the Site, including without limitations, any text, photo, or other material, You warrant that such content will not consist of: (a) false, misleading information or misappropriation; (b) copyrighted material which You are not authorized to post publicly; or (c) obscene, offensive, profane, unlawful content or any content which, subject to Company’s sole discretion, may harm or risk Company’s good name and reputation.
Without relieving You of Your responsibility as abovementioned, the Company may, subject to Company’s sole discretion, remove any content which is in violation of the above detailed in addition to any further action which the Company deems necessary.
You acknowledge that Company cannot and does not endorse or guarantee the authenticity, identity or reliability of any content and information posted by any user of the Site, thus relying on users’ content is solely at Your own discretion and risk.
The price as displayed on the Site, will be applicable to each Transaction You execute using the Services (the “Price”). The applicable Price will be displayed prior to completing each Transaction. Company reserves the right to make adjustments to its Prices at any time as appearing on each Transaction.
Depending on Your jurisdiction, You may be eligible to buy or sell Digital Currency to Company through the Site Services subject to the rate assigned to any given transaction. The Price quoted on the Site for each Transaction may be dependent on the Services You choose to use.
Following successfully establishing Your Account, including certain verification process as required by the Company, You may begin purchasing Digital Currency on a per Transaction basis.
The Company cannot guarantee that all payment methods will be available to You. The availability of each payment method depends on a number of factors, including but not limited to Your location, the identification information You have provided the Company, and certain limitations imposed by third party payment processors.
Company will use reasonable efforts to deliver the purchased Digital Currency to You at the earliest possibility following the debit issued from Your payment method. However, You acknowledge that delivery of the Digital Currency purchased by You may be completed separately from the actual debit from Your payment method, and may take time for the Digital Currency transfer to be processed. You also acknowledge that in certain occasions, Company may not be able to fulfill Your purchase order.
Using the purchasing Services on the Company’s Site does not provide You with a guarantee that You will be able to sell the purchased Digital Currency to the Company or any third party at a later time and at no event will the Company be obligated to purchase from You any Digital Currency.
Company may provide You with the option to sell Your Digital Currency subject to Company’s sole discretion, which shall not be deemed as Company’s obligation to purchase any Digital Currency.
Such option, if provided by the Company, is subject to successfully establishing Your Account, including certain verification process as required by the Company, and by providing Your valid payment method to the Company.
Receipt of funds will depend on the payment type You have provided, and may take a certain amount of business days subject to third party providers.
Your use of the Service must be in compliance with all laws, regulations, anti-money laundering provisions and KYC 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.
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 Company Site if any of the following applies to You:
Applicable Taxes. You are exclusively responsible to inquire with respect to the taxes applicable to Your Transactions on the Site. The Company is not and will at 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.
The abovementioned notwithstanding, the Company may, subject to its sole discretion terminate the Services or refuse to open any user an account or terminate any use by You of the Site.
Upon any suspension, termination or cancellation of a Transaction, the Company is under no obligation to allow You to reinstate such Transaction and may not provide You the same price or same terms as any canceled Transaction.
In the event Your Account is terminated by the Company, the Company may provide You with notice of termination. In addition, You acknowledge that the Company is not obligated to disclose any findings and information acquired by Company’s 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 [email protected] No termination fee shall apply, except that You will be responsible for fulfilling any outstanding payment obligations to the Company existing as of the effective date of termination and to settle any pending Transactions. The Company reserves the right to suspend any pending transactions at the time of cancellation.
Company retains 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. Following termination of the Account, the company endeavors to erase and discard of Your data subject to the limitations and requirements under the applicable laws and regulations.
THE SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THE SITE, THE SERVICES, OR ANY PART OR MATERIALS MADE AVAILABLE THEREIN, WILL BE ERROR FREE, CONTINUOUS, UNINTERRUPTED OR ACCURATE.
Company specifically makes no warranties, representations or guarantees regarding the time required to complete processing any request provided by You, including electronic debit or credit using credit cards, bank accounts or checks, which are dependent upon many factors outside of Company’s span of control. Without derogating from the aforementioned, the Company makes efforts to process Your requests in a timely manner.
Release. Any disputes between You and any other user of the Site shall be exclusively resolved between You and such 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.
Company may suspend or terminate, with immediate effect, the operation of the Site or the provision of any part of the Services offered therein should such become illegal or subject to demand by any competent authority or is under any risk or exposure to any claims should it fail to do so, all subject to Company’s sole discretion and You will have no complaints or demands with that respect.
In addition, although in principle the duration of this Site is undetermined, Company reserves the right to modify, suspend or terminate the provision of any Service or content, in whole or in part, at any time and without notice to users.
All Services are provided without warranty of any kind, either express or implied. Company does not represent that this Site will be available at all time to meet Your needs. Company will strive to provide You with the Services as soon as practicably possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
Company makes no representations whatsoever about any other websites or services which You may access through this 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 Company may present such links or references to You only as a convenience and that Company does not endorse any of the External Web Site services or offerings made to You or any content provided therein. Company is not responsible for the availability of, and content provided on External Web Sites. You are requested to review the policies posted by the External Web Sites regarding privacy and other topics before use. 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.
Certain jurisdictions apply regulations or may apply such regulations at a later time, in which case the provision of the Services will be amended accordingly or terminated to the extent such amendments are not possible.
Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
Change of Control. In the event that Company is acquired by or merged with a third party entity, Company reserves the right, in any of these circumstances, to transfer or assign the information Company has collected from You as part of such merger, acquisition, sale, or other change of control.
Force Majeure. 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 terrorists, 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 Company’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.