As used herein, Coinsbay refers to the "Coinsbay Company, including but not limited to, its owners, directors, investors, officers, employees, agents, or other related parties, unless otherwise provided herein.
The User is solely responsible for understanding and complying with any and all laws, rules, and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products, and content of Coinsbay.
1.1.1. Account: means an account registered by the User on the Platform.
1.1.2. Base Currency: means the first symbol in the transaction pair.
1.1.3. Buyer: means the User who submits an Order to buy Cryptocurrencies through the Platform.
1.1.4. Commission: means an amount charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc).
1.1.5. Cryptocurrency: means a peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).
1.1.6. Deposit: means a Transaction involving the transfer of Funds to the Account.
1.1.7. Fiat currency: means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or the law.
1.1.8. Funds: means Cryptocurrency or Fiat currency.
1.1.9. Order: means the User's instruction to buy or sell Cryptocurrency under certain conditions.
1.1.10. Platform: means an environment created by Coinsbay that allows the trade of Cryptocurrencies for Cryptocurrencies, Cryptocurrencies for Fiat currencies, and Storage services.
1.1.11. Seller: means the User who submits an Order to sell Cryptocurrencies through the Platform.
1.1.12. Services: means all and any service provided by Coinsbay
1.1.13. Site: means the Coinsbay website at email@example.com
1.1.14. Storage: means Coinsbay service, which includes storing of balances (in Fiat currency and/or in Cryptocurrency).
1.1.15. Fee: means an amount that is payable to Coinsbay for each completed Transaction.
1.1.16. Transaction: means (i) transfer of Cryptocurrencies or Fiat currencies by the User to his/her Account ("Deposit Transaction"); (ii) withdrawal of Cryptocurrencies or Fiat currencies from his/her Account ("Withdrawal Transaction").
1.1.17. Order cost: means the total cost paid by the Buyer or Seller in respect to each Order performed via the Service.
1.1.19. Withdrawal: means a Transaction involving a transfer of funds from the User's Account to his/her bank account or wallet to an account opened in any other financial institution or wallet
1.2. Where the context so admits words denoting the singular shall include the plural and vice versa.
2. THE SCOPE OF THE SERVICES
2.1. The Services allow all Users of the Platform to trade Cryptocurrencies with other Users.
2.2. Depending on the User's place of residence, the User may not be able to use all the functions of the Site. It is the User's responsibility to follow those rules and laws in his/her place of residence and/or the place from which the User accesses this Site.
2.3. The User acknowledges and agrees that, when completing Transactions, he/she is dealing with other Users, and that Coinsbay acts only as an intermediary in such Transactions, not as the counterparty to any trade.
3. THE USER'S RIGHTS AND RESPONSIBILITIES
3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
3.4. The User undertakes to monitor any and all changes on his/her Account, including but not limited to the balance matters.
3.6. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer's and the Seller's Accounts opened on their behalf and on their account.
3.7. The User undertakes to notify Coinsbay immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to firstname.lastname@example.org. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by Coinsbay or any user of the Site.
3.8. The User undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
3.9. The User is responsible for any and all damages caused, and all liability actions brought against Coinsbay for infringement of any third-party rights or violation of any applicable laws.
3.11. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status, and risk willingness.
3.12. All added payment instruments to your Account, may it be a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered fraud.
4. THE USER'S REPRESENTATIONS AND WARRANTIES
4.1. By registering an account, the User expressly represents and warrants that he/she:
4.1.1. follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site and Services;
4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions outlined in these Terms and that they are duly authorized and have the capacity to enter into the Transactions on the Platform.
4.3. The User represents and warrants that both Fiat currency and cryptocurrency deposited to the Account belong to the User and are derived from legal sources.
4.4. The User represents and warrants he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, otherwise, Coinsbay does not hold any liability for the consequences of such withdrawal.
4.5. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
4.6. The User understands that his personal data and identifiers may be shared with appropriately authorized third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.
5. COINSBAY'S RIGHTS AND RESPONSIBILITIES
5.3. COINSBAY'S responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the Coinsbay User, Coinsbay’s responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.
5.5. Coinsbay is not responsible for any malfunction, breakdown, delay, or interruption of the Internet connection or any reason why our site is unavailable at any given time.
5.6. Coinsbay is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.
5.7. In the case of fraud, Coinsbay undertakes to report all the necessary information, including names, addresses, and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.
5.8. Nothing in these terms excludes or limits the responsibility of Coinsbay for fraud, death, or personal injury caused by their negligence, breach of the terms implied by operation of the law, or any other liability which may not be limited or excluded by law.
6. Coinsbay 'S REPRESENTATIONS AND WARRANTIES
6.2. All buy and sell orders made on the Platform, will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The Transaction Price is calculated on the basis of actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees.
6.3. Coinsbay represents and warrants that once the orders to buy or sell Cryptocurrencies match, such orders may not be canceled or reversed. It holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User's behalf.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All content on this Site is the property of Coinsbay and is protected by copyright, patent, trademark, and any other applicable laws unless otherwise specified hereby.
7.2. The trademarks, trade names, service marks and logos of Coinsbay and others used on the Site (hereinafter the "Trademarks") are the property of Coinsbay and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video, and audio materials used on this Site belong to Coinsbay. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark, and any other applicable laws and could result in criminal or civil penalties.
7.3. Coinsbay supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to email@example.com.
8. THE USER VERIFICATION
8.1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all the Transactions. If the User refuses to provide required documents and information under KYC, Coinsbay reserves the right to immediately terminate the Services provision to the User.
8.2. The User undertakes to provide Coinsbay with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behavior will be interpreted as a fraudulent activity.
8.3. The User hereby authorizes Coinsbay to directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly the necessary and with security measures in use to protect the data.
9. ACCOUNT MAINTENANCE
9.1. The Site is for the User's personal and non-commercial use only. Coinsbay is vigilant in maintaining the security of the Site and the Service. By registering with Coinsbay, the User agrees to provide Coinsbay with current, accurate, and complete personal information as prompted by the registration process and to keep such information updated.
9.2. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.
9.3. The User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time or assist others in obtaining unauthorized access.
9.4. Coinsbay reserves the right to recommend amount limits for the Account funding/withdrawal. Coinsbay could recommend daily, monthly, and per one-transaction amount limits.
9.5. The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance, and all activities including Transactions made via their Account. If there is any suspicious activity related to the User's Account, Coinsbay may request additional information from the User, including authenticating documents and freezing the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account.
9.6. Creation or use of the Accounts without obtaining prior express permission from Coinsbay will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties) or distribution of instructions, software, or tools for that purpose will result in termination of such Users' Accounts. Termination is not an exclusive remedy for such a violation and Coinsbay may decide to take further action against the User.
9.7. In case it has been more than six (6) months since the User signed in with his/her Account or made the Funds deposit, Coinsbay has the right to qualify this Account as abandoned. Abandoned Accounts with zero balances shall be deactivated.
10. TRANSACTION FEE
10.1. The User agrees to pay Coinsbay the Transaction fee for each completed Transaction.
10.2. Prior to Coinsbay making a transaction, the User must consider the Transaction fee rates published on the Fee Schedule page. Coinsbay reserves the right to change the Transaction fee rates from time to time. Coinsbay will publish these updates on the Fee Schedule page.
10.3. The Transaction fee amount is automatically charged off in the currency indicated after symbol "/" after the relevant Transaction. Thus, for BTC/EUR the fee is charged in EUR; for ETH/BTC the fee is charged in BTC.
10.4. The minimum transaction fee equals to minimum currency amount. For Fiat currency, it equals 0.01, for Cryptocurrency it depends on the currency. The Transaction fee is charged according to the Rounding policy.
10.5. Minimum and maximum price, as well as minimum and maximum order amount, vary for each transaction pair and can be seen on the website when placing an order.
10.6. For a specific type of order, the Transaction fee may differ from those published on the 'Fee Schedule' page. The transaction fee rate shall be disclosed before the order execution.
10.7. The Transaction fee, other charges, as well as the charging procedure can be changed/reviewed unilaterally by Coinsbay from time to time and such changes shall become effective the moment they are posted on the Site.
11. ROUNDING POLICY
11.1. For all financial calculations Coinsbay uses the rounding policy in the favour of the Platform. Coinsbay rounds the Fiat currencies to the 2nd digit after the separator. The Rounding policy for cryptocurrencies varies depending on cryptocurrency.
11.2. For the processes optimization, transactions on the Platform with regard to some items (including, but not limited to currencies, cryptocurrencies, etc.) will not be reflected at the User's Account and will appear as soon as a unit is whole in accordance with the rounding standards.
12. ILLEGAL TRANSACTIONS
12.1. Coinsbay reserves the right to suspend or terminate your Coinsbay Account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
12.2. It is strictly forbidden to use the Account for any illegal purposes. Coinsbay will report any suspicious activity to the relevant law enforcement.
12.3. The User shall ensure that they do not use the Services for the transactions relating to:
- money laundering, terrorist financing, a proliferation of weapons of mass destruction;
- human trafficking;
- any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity;
- any goods or services, promotion, offer, or marketing of which would violate copyrights, industrial property rights, or other rights, of any person;
- archaeological findings;
- drugs, narcotics, or hallucinogens;
- weapons of any kind;
- illegal gambling services;
- Ponzi, pyramid, or any other "get rich quick" schemes;
- goods that are subject to any trade embargo;
- media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
- body parts or human remains;
- protected animals or protected plants;
- weapons or explosive materials; or
- any other illegal goods, services, or transactions.
13. ACCOUNT SECURITY
13.1. The User is responsible for maintaining the confidentiality of their Account's credentials, including, but not limited to a password, email, wallet address, balance, and of all activity including Transactions made through the Account.
13.2. Coinsbay personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the Coinsbay Site, should be reported to Coinsbay. If the user is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
13.3. It is advisable to change the User's password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. Coinsbay also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.
13.4. If the User has any security concerns about his/her Account, login details, password, or other security feature being lost, stolen, misappropriated, used without authorization, or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation, or unauthorized use of the Account, login details, password, or other security features. Any undue delay in notifying Coinsbay may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.
13.5. The User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. Coinsbay cannot be liable for the breach of an e-mail account resulting in an unauthorized Transaction being executed with proper confirmation. In case any of the e-mail addresses registered with the User's Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her e-mail service provider.
13.6. Irrespective of whether the user is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached, or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
13.7. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.
13.8. Two-factor authentication must be enabled in order to make any Withdrawal Transactions.
14.3. Coinsbay also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that Coinsbay will not be liable to them or to any third party for termination of their Account or access to the Site.
14.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, the User shall provide valid bank account details or cryptocurrency address to allow the transfer of any currencies deposited to his/her Account. Coinsbay shall transfer the currencies as soon as possible following the User's request in the time frames specified by Coinsbay.
14.5. Coinsbay will send the credit balance of the User's Account to him/her, however in circumstances, a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. Coinsbay will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance and that he/she agrees to be responsible for such charges.
15. SERVICES AVAILABILITY
15.1. All Services are provided "AS IS", without guarantees of any kind, either expressed or implied.
15.2. Coinsbay will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and Coinsbay is not liable for any disruption or loss the User may suffer as a result. Thus, Coinsbay does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information. Coinsbay does not provide any guarantees that access to third-party services available on the Site will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information related to said third-party services.
16. FINANCIAL OR LEGAL ADVICE
Coinsbay does not provide any financial, investment, or legal advice in connection with the Services provided by Coinsbay. Coinsbay may provide information on the price, range, volatility of Cryptocurrencies, and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User's decision and Coinsbay will not be liable for any loss suffered.
17.1. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of Coinsbay Services, and should be paid according to the User's state of residence regulations.
17.2. Coinsbay is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.
18. NOTICES AND COMMUNICATION
18.1. Coinsbay reserves the right to send notices to and communicate with the User by any means of communication available to Coinsbay, considering the contact details provided by the User.
18.3. The main official information channel of Coinsbay is the Coinsbay News section.
19. GOVERNING LAW AND DISPUTE RESOLUTION
20. LIMITATION OF LIABILITY
20.1. In no event shall Coinsbay , its officers, directors, employees, agents, and all third party service providers be liable to the user or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from (i) accuracy, completeness or content of this site, (ii) accuracy, completeness or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, "x-rated", obscene or otherwise objectionable and/ or (x) any loss or damage of any kind incurred as a result of the user's use of this site or the services found at this site, whether based on warranty, contract, tort or any other legal or equitable theory and whether or not Coinsbay is advised of the possibility of such damages. Also, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. In addition, the user specifically acknowledges and agrees that in no event shall COINSBAY'S total aggregate liability exceed the total amount paid by the user for the particular services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or the user's use of this site or the services found at this site.
20.2. Coinsbay will not be liable for the Transactions, initiated by the User, below the prescribed limits, as stated in clause 10.10 hereof.
22. MODIFICATIONS AND AMENDMENTS
23. FORCE MAJEURE
24. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Coinsbay. Coinsbay assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, Coinsbay does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Coinsbay from any and all liability arising from the User's use of any third-party website. Accordingly, Coinsbay encourages the User to be aware when the User leaves this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of any other website that you may visit.
25. BONUS SYSTEM
Coinsbay has the right, at its sole discretion, to provide bonuses, organize promotion campaigns, or any other type of advertising or marketing activities that are described in detail here.