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Terms of Service

Last Updated: September, 2023

 

 

These Terms of Use and any terms incorporated herein (hereinafter, the “Terms”) apply to your (“user”, “you“) use of the Services, including https://mycoinchange.ai/ and https://mycoinchange.co (“Website“).

We provide you with the possibility to use our Services as defined above on the following terms and conditions.

 

  • Enforcement & Amendments

These Terms of Use constitutes a binding agreement between MyCoinChange Ltd. and the user as soon as the user visits the Website and uses Services. By doing so, the user confirms that he has read and accepted these Terms of Use in their entirety before finishing the registration procedure.

The user accepts that Terms of Use may be updated by MyCoinChange Ltd. from time to time. If the user does not read and accept the Terms of Use in its entirety he should not use or continue using the Services.

We reserve the right to alter, amend or modify these Terms from time to time, in our sole discretion. We will provide you with notice of such changes by sending an e-mail, providing notice on the homepage of the Website and/or by posting the amended Terms via our Website and updating the "Last Updated" date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting on Website.

  • Provided Services

Our Services provide you with the possibility to Exchange one type of crypto asset for another one, access to Marketplace, and access to the Decentralized Exchange of DeFi tokens. Terms of Use in regard to the Decentralized exchange on MyCoinChange Ltd.

 

For the purposes hereof "Exchange" shall mean an exchange of the crypto asset of one type to the crypto asset of another type at the terms and conditions set forth by exchanging parties, which is executed via the Third-party service in respective block-chain network. When you exchange crypto assets you acknowledge and agree that the Exchange will be processed through the third-party exchange service with additional fees applicable to such Exchange. You acknowledge and agree that the exchange rates information made available via the Services are an estimation only and may differ from prevailing rates available via other sources outside of our Services.

"Crypto Assets" herein shall be deemed as type of assets which can only and exclusively be transmitted by means of block-chain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange, such as Bitcoin, Ethereum, Ripple, etc, to the full and absolute exempt of the securities of any kind.

 

“Marketplace” herein shall mean an online digital aggregation platform for fiat providers with an option to compare current rates and limits for buying or selling crypto assets.

To be able to use all possibilities and functionality of our Services you shall go through the registration process and create a MyCoinChange Ltd. Account. "MyCoinChange Ltd. Account" is a user account accessible after the registration process and via the Services where the user may request to make a crypto assets exchange. User should manage and maintain only one MyCoinChange Ltd. Account. Users are prohibited from creating multiple accounts. When you create a MyCoinChange Ltd. Account you oblige to:

change the password, which is generated by our Services automatically, for a strong password that you do not use for any other websites, online or off-line services;

provide accurate e-mail, which actually belongs to you and shall be, therefore, verified. The access to the services provided by the MyCoinChange Ltd. without verification of the e-mail is not allowed;

 

maintain the security of your MyCoinChange Ltd. Account and promptly notify us if you discover any suspicious activity related to your account;

agree to receive emails containing information about credentials, passwords, transactions and marketing promotions;

 

agree to pass through AML/KYC procedures, which may be applied to You according to our internal AML/KYC policies. As a part of such procedures, MyCoinChange Ltd. reserves the right to request additional information and documents, which are aimed without limitation to identify our user and to prove the source of the funds;

take responsibility for all activities that occur under your MyCoinChange Ltd. Account.

The "Floating exchange rate" option herein shall mean an exchange rate mode in which our platform does not guarantee the rate - so it fluctuates in accordance with the market. You acknowledge and agree that the exchange rate information made available via Services for the Floating exchange rate option is an estimation only and may differ from the actual rates available via other sources outside of our Services. MyCoinChange Ltd. cannot guarantee the execution of a Floating exchange rate transaction in some cases, including, but not limited to the following ones:

 

user sent crypto assets to a previously used one-time address that had been generated for a Floating exchange rate transaction; user sent an amount of crypto assets different from the amount to be sent that was displayed on the Website, or did not account for the relevant withdrawal and network fees, thus sending an amount that is too small; the user sent crypto assets to a MyCoinChange Ltd. floating-rate address later than in 3 hours after the address was provided. MyCoinChange Ltd. floating rate addresses cannot be used after the 3-hour mark.

 

in order to avoid any substantial losses for the customer caused by the rate change, when a significant disparity between an estimated exchange rate available on the Website and the rate received from a third-party exchange arises, a Floating exchange rate transaction may be failed automatically.

 

If despite the aforementioned cases the market situation allows us to make the exchange, the transaction will be exchanged manually at the new rate.

If the market situation is such that the transaction cannot be executed anymore, or if the rate has changed significantly and the user asks for a refund, the crypto assets that the user wants to exchange will be refunded, if at all possible, less all applicable fees. The refund usually takes 1-7 business days (depending on the reason for the failure) after the user confirms their refund address.

 

When using the "Fixed exchange rate" option, your rate gets "locked" for fifteen or twenty minutes, meaning it remains the same irrespective of the changes on the market. You acknowledge and agree that for the Fixed exchange rate option the exchange rate information available on the Website may be different from the exchange rates for the Floating exchange rate option. MyCoinChange Ltd. cannot guarantee the execution of a Fixed exchange rate transaction in some cases, including, but not limited to the following ones:

 

user sent crypto assets more than 15 minutes (20 minutes in case of BTC, XMR, LTC, DCR, EOS, GAS, BNB, VET) after clicking the “confirm & make payment” button when exchanging via the Fixed exchange rate option; user sent an amount of crypto assets different from the amount to be sent that was displayed on the Website, or did not account for the relevant withdrawal and network fees, thus sending an amount that is too small; user sent crypto assets to a previously used one-time address that had been generated for a Fixed exchange rate transaction.

 

If the market situation allows us to make the exchange, the transaction will be pushed through manually at the rate that was confirmed by the customer at the beginning of the exchange. If the market situation is such that the transaction cannot be executed anymore, the crypto assets that the user wants to exchange will be refunded, if at all possible, less all applicable fees (applicable only to 2.7.1 and 2.7.2 cases).

MyCoinChange Ltd. will be able to return the crypto assets to the user. The crypto assets will be sent manually from an exchange market we work with, less all applicable fees. A refund in such a case usually takes up to 20 business days (applicable only to 2.7.3 cases).

 

In order to perform the Exchange via our Services, our system will automatically generate a particular address for the initiated transaction, which contains information about (i) the user; (ii) the crypto asset that the user wants to exchange and the crypto asset that the user wants to receive (jointly - "crypto pair"); and (iii) the recipient address provided by the user (the address where exchanged crypto assets will be deposited). The user understands that the crypto assets to be exchanged are transferred only to the particular address provided by the system. The address is active only for one transaction and particularly, the one designated by the system.

 

The technical issues arising from your misuse of our services, such as creating incorrect transactions (entering a wrong address both when indicating the recipient address and when sending your crypto assets to us), and other types of user mistakes may be resolved by our technical department with limitations. Upon successful resolution of a technical issue, the crypto assets sent incorrectly will be refunded to the user, less all applicable fees.

MyCoinChange Ltd. technical department is able to refund only BTC from the Segwit BTC address. No other crypto assets, including but not limited to, LTC, BSV, BCH sent to a Segwit BTC address could be refunded; No crypto assets sent to us via an unsupported and/or not recommended network (e.g. BSC network) can be refunded. Recommended networks will be displayed to you during the transaction process.

You acknowledge and agree that any refund may cause operating costs for the allocated resources required for resolving user issues arising from misuse of our services. MyCoinChange Ltd. shall be entitled to recover its operating costs for the services while executing any refund. In this case crypto assets will be refunded to the user, subtracting operating costs and network fees, only with the prior user’s consent.

 

YOU INDEMNIFY AND HOLD MYCOINCHANGE LTD. HARMLESS AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO INCORRECT USE OF ADDRESS, INCORRECTLY CONSTRUCTED TRANSACTIONS ETC.

MyCoinChange Ltd. does not provide custodial services, which means, we do not store your crypto assets on deposits and balances. In limited cases such as e.g. necessity to carry out AML/KYC procedure, your Exchange may be delayed. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY DELAYS ARE POSSIBLE; YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXCHANGE DELAY, WHETHER ORIGINATED FROM OUR FAULT OR NOT.

MyCoinChange Ltd. is neither the creator, nor the administrator of any fiat provider at Marketplace. Therefore MyCoinChange Ltd. is not responsible for providing, setting or controlling the fees applicable to any of the services or products which you find and use via our Marketplace. It merely acts as an aggregator landing platform for the various fiat providers integrating APIs of those providers. All fiat trading capabilities and services take place in accordance with and are subject to the policies and terms of use of the said fiat provider.

  • Fees

MyCoinChange Ltd. keeps its fee policy transparent. The current fee structure is two-layered and is comprised of exchange and network fees.

The exchange fee is the amount charged by MyCoinChange Ltd. for executing transactions initiated by the users. The exchange fee structure depends on the transaction type: the Floating exchange rate or the Fixed one. The Floating exchange rate transactions incur a 0.25% fee from the output amount (it differs for transactions executed through our API partners). As with regard to the Fixed exchange rate transactions, MyCoinChange Ltd. finds the best rate available on the market and fixes it for the conversion in question; the respective rate is displayed to the user, thus guaranteeing the protection of users’ funds from market fluctuations during the exchange.

The network fee is paid to cryptocurrency miners for processing transactions in the network, and it serves to ensure withdrawals of the funds from exchanges. MyCoinChange Ltd. collects and transfers these payments to respective exchanges, which themselves set the amount of the fee at any particular time. The moment a transaction is created, this fee is displayed to the user, with the amount being based on our estimates. With that, you acknowledge and agree that the final amount of the network fee charged can sometimes differ from our estimate. This occurs entirely due to the volatile nature of network fees prevalent on exchanges and does not depend on our platform in any respect.

  • AML and KYC Procedure

In furtherance of the clause 2.5.5 MyCoinChange Ltd. reserves the right to apply the AML/KYC procedure to particular users, addresses and particular transactions of crypto assets.

The up-to-date information on the AML/KYC procedures can always be found at AML/KYC.

  • Eligibility

Prior to your use of the Services and on an ongoing basis, you represent, warrant, covenant, and agree that:

you use our Services at your sole option, discretion, and risk;

you are solely responsible for any applicable taxes which may be payable while using our Services;

you are NOT in, under the control of, or a national or resident of any country where crypto assets transactions are explicitly prohibited or the United States of America (including all USA territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John, and St. Thomas) (“Restricted Locations”). MyCoinChange Ltd. does not operate in Restricted Locations. MyCoinChange Ltd. maintains the right to select the markets and jurisdictions to operate in and may restrict or deny its services to certain countries at any time;

you are at least 16 years old or of other legal age, according to your relevant jurisdiction;

you agree to pay the fees for Exchanges completed via Services as defined by MyCoinChange Ltd., which We may change from time to time; you also understand and acknowledge that network withdrawal fees are applicable to any types of withdrawals requested by you, the third party authorized by you, or under the request of a competent authority;

there are risks, associated with Internet-based systems, such as the failure of hardware, software, and Internet connections and with the Blockchain Protocol, such as any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol;

you guarantee that your crypto assets belong to you and they are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets;

you shall provide correct information for constructing Exchange (e.g. payin and payout wallet address). Such wallet addresses shall not be associated with terrorism, fraudulent, scam, or any type of illegal activity.

You further represent, agree, and warrant, that you will not violate any law, contract, third-party right, or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent, agree, and warrant, that YOU WILL NOT:

use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;

use our Services to participate in fraudulent, scam, or any type of illegal activity;

exchange via our Services or attempt to pay-in crypto assets, which are obtained from illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities. With our Services, the user can only use crypto assets, which are obtained from legal sources;

provide false, inaccurate, or misleading information;

attempt to modify, decompile, reverse-engineer or disassemble our software in any way;

use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;

attempt to circumvent any content filtering techniques we employ or attempt to access any service or area of our Services that you are not authorized to access;

develop any third-party applications that interact with our Services without our prior written consent; AND

Encourage or induce any third party to engage in any of the activities prohibited under this Section.

YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.

  • Information Privacy

Never share the details of your transaction, including, but not limited to, your MyCoinChange Ltd. ID, the transaction hash, recipient address, and/or e-mail related to a MyCoinChange Ltd. account, with anyone except MyCoinChange Ltd. representatives. MyCoinChange Ltd. will not request specific information about user accounts, transactions, or other personally identifiable data from you unless: (i) the information is requested to help complete a transaction initiated by you; (ii) the information is requested to efficiently process your inquiry; or (iii) it is legally required e.g. in connection with the AML/KYC procedure.

You should ascertain that your transactions and/or account details are not disclosed by ensuring that you do not knowingly or accidentally share, provide or facilitate unauthorized use of it.

WITHOUT LIMITING THE FOREGOING, MyCoinChange Ltd. SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED AS A RESULT OF ANY INFORMATION SUBMITTED TO IT THROUGH THIS WEBSITE OR ANY CONTACT E-MAIL THEREOF OR FOR ITS TRANSMISSION OF INFORMATION TO ANY PERSON(S) OR ENTITY(IES) AS A RESULT OF A REQUEST FOR SUCH TRANSMISSION REASONABLY BELIEVED BY MyCoinChange Ltd. TO HAVE BEEN MADE BY SUCH PERSON OR ENTITY.

  • Risk Disclosure

MyCoinChange Ltd. does not and will not provide any investment advice or legal advice regarding your exchange. You acknowledge that only you are responsible for your decisions and actions performed on our platform and we will not make any personal recommendations for or advise you on the exchange of particular crypto assets. Before performing any exchange of crypto assets, you should carefully consider whether such an exchange is suitable for you with your current circumstances and financial resources.

Be aware that crypto assets are generally assumed to be subject to high volatility due to them still being in the early stages of developing, technologically and financially. Crypto assets do not necessarily have a specific form of protection or regulation by any governmental body, which means that by exchanging crypto assets, you will not be able to enforce any guarantees or safeguards expected with regulated financial services.

THE RISK OF LOSS IN THE EXCHANGE OF CRYPTO ASSETS CAN BE SUBSTANTIAL, AND THEREFORE YOU SHOULD UNDERSTAND THE POSSIBILITY OF LOSSES ASSOCIATED WITH THE EXCHANGE OF CRYPTO ASSETS AND MUST ASSUME RESPONSIBILITY FOR ALL THE RISKS ASSOCIATED WITH SUCH EXCHANGES AND FOR THEIR RESULTS.

  • Third-Party Content and Services

For the purposes hereof "Third-Party Content" shall mean the content provided by third parties, including without limitation links to web pages of such parties, which may be represented on the Website and other Services. At the same time "Third-party service" refers to any platform or network in which crypto assets belong to you or where you are the beneficial owner of crypto assets; or any website or platform which we redirect you to; and this platform or website is maintained by a third party outside of the Services, including, but not limited to third-party accounts.

Price accuracy. Although we enforce strict price accuracy policies for all fiat providers and do our best to ensure that the content displayed on or via our Marketplace is up-to-date and accurate, we cannot guarantee the reliability or accuracy of such content.

No control over third-party services. If you encounter any problems with any Third-Party Services available via MyCoinChange Ltd., you acknowledge that you should resolve that issue with the relevant third-party or fiat provider and that your sole remedy in such circumstances lies within the relevant third-party and not within MyCoinChange Ltd.

You may be charged fees by the third-party service provider. MyCoinChange Ltd. is not responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.

 

The exchange rates discrepancy is at any time possible due to the Third-Party algorithms. YOU INDEMNIFY AND HOLD MyCoinChange Ltd. HARMLESS AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AFORESAID EXCHANGE RATES DISCREPANCY WHICH IS BELOW 10 USD.

While using our Services, you may view Third-Party Content. We do not control, endorse or adopt (unless otherwise expressly stated by Us) any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.

  • Use of Cookies

We use cookies to keep track of the traffic that is being sent to our Website and hold session information to improve your experience with the Website.

By accessing and using our Website you consent to the placement of cookies on your devices. We store cookies for indefinite time as well as session cookies for several hours after a user logs out from his account or closes his browser. If you do not wish to accept cookies from us, you should instruct your browser to refuse cookies from the Website, with the understanding that we may be unable to provide you with some of your desired Service without them. BY CONTINUING TO ACCESS OR USE OUR SERVICES, YOU AGREE TO THE TERMS OF THIS COOKIES POLICY AND CONSENT TO THE USE OF COOKIES AS DESCRIBED HEREIN.

  • Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH OUR SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF OUR SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS SAFE, SECURE, OR WILL NOT CAUSE DAMAGE TO YOUR MOBILE DEVICE, COMPUTER, OR DATA. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM OUR SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO INVESTMENT OR FINANCIAL ADVICE PROVIDED TO YOU

  • Liability Limitations

MyCoinChange Ltd. SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF MyCoinChange Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MyCoinChange Ltd. SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF MyCoinChange Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MyCoinChange Ltd. SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MyCoinChange Ltd.'S REASONABLE CONTROL.

IN NO EVENT SHALL MyCoinChange Ltd.'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE SUM OF $100 USD. MyCoinChange Ltd.'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSACTIONS WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT MyCoinChange Ltd. HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSACTIONS YOU ENTER INTO EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

  • Applicable Law & Venue

These Terms shall be governed by the laws of the Republic of Seychelles, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in the Republic of Seychelles for any actions not subject to Section 15 (Dispute Resolution).

14. Termination

MyCoinChange Ltd. may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

15. Dispute Resolution

(a) ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.

If the value of the relief sought is $10,000 or less, you or MyCoinChange Ltd. may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and MyCoinChange Ltd. subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or MyCoinChange Ltd., unless the arbitrator requires otherwise.

The arbitrator shall not be bound by rulings in prior arbitrations involving different MyCoinChange Ltd. users, but is bound by rulings in prior arbitrations involving the same MyCoinChange Ltd. user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

(b) COSTS OF ARBITRATION.

Payment of all filing, administration and arbitrator fees will be governed by the Rules. If you are unable to pay such costs, MyCoinChange Ltd. will pay all arbitration fees and expenses. Any decision will be solely for the arbitrator to decide.

(c) SMALL CLAIMS COURT.

Notwithstanding the foregoing, either you or MyCoinChange Ltd. may bring an individual action in small claims court.

(d) WAIVER OF JURY TRIAL.

You and MyCoinChange Ltd. waive any constitutional and statutory rights to sue in court and receive a judge or jury trial. You and MyCoinChange Ltd. are instead electing to have claims and disputes resolved by arbitration. There is no judge or jury in arbitration and court review of an arbitration award is limited. The Parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(f) 30-Day Right to Opt Out.

You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: MyCoinChange Ltd., Suite #194 1111 Davis Dr. Unit 23 Newmarket, ON L3Y 9E5. The notice must be sent within 30 days of your registering to use the Services or, if you have previously used the Services, within 30 days of the effective date of these Terms as set forth above. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, MyCoinChange Ltd. also will not be bound by them.

(g) Enforceability.

If this Section is found to be unenforceable, then (a) the entirety of this Section 15 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 12 shall govern any action arising out of or related to these Terms and/or the Services.

  • Force Majeure

MyCoinChange Ltd. shall not be liable for any delay or failure to perform any of its obligations under these Terms if such delay is due to circumstances beyond its reasonable control, including, without limitation, acts of God, acts of a public enemy, acts of a government, war, riots, strikes, civil commotion, fire, explosion, flood, snow, earthquake, tsunami, epidemic, or other natural disaster, an act or failure to act by a third party for whom MyCoinChange Ltd. is not responsible, changes in laws or regulations, embargoes, epidemics, war, terrorist acts, riots, floods, earthquakes, fires, strike, power blackouts, disruption of electronic communications, or acts or omissions of transportation or telecommunications common carriers or acts or omissions of customs or similar authorities (each, a "Force Majeure Event"). In the event of a Force Majeure Event, the affected Party will use reasonable efforts to mitigate the effect of such Force Majeure Event. If any such delay or failure continues for at least thirty (30) days, the other party may terminate these Terms.

17. Indemnification

You agree to indemnify and hold MyCoinChange Ltd. and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:

(a) your use of the Services or services or goods obtained through your use of the Services;

(b) your breach or violation of any of these Terms;

(c) MyCoinChange Ltd.'s use of your User Content; or

(d) your violation of the rights of any third party, including Third-Party Providers.

  • Other Provisions

(a) Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

(b) Entire Agreement. These Terms constitute the entire agreement between you and MyCoinChange Ltd. regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MyCoinChange Ltd.'s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. MyCoinChange Ltd. may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

 

(c) Copyright/Trademark Information. Copyright © 2021 MyCoinChange Ltd. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

 

(d) Contact Information:

MyCoinChange Ltd.

Suite #194 1111 Davis Dr. Unit 23 Newmarket, ON L3Y 9E5

Email: [email protected]

  • Contacting MyCoinChange Ltd.

If you have any questions about these Terms, please contact MyCoinChange Ltd. at [Email].

  • Limitation of Liabilities

Except as expressly provided to the contrary in a writing by Us, our Services are provided on an "As is" and "As available" basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

Except as otherwise required by law, IN NO EVENT SHALL MYCOINCHANGE LTD, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM MYCOINCHANGE LTD, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MYCOINCHANGE LTD'S RECORDS, PROGRAMS OR SERVICES.

 

Exchanges via our Services cannot be canceled by MyCoinChange LTD. Therefore, check the details of your exchange details before making such exchange. MyCoinChange LTD is not responsible for your crypto assets once they have been sent outside of the Services. Moreover, MyCoinChange LTD doesn’t guarantee the uptime of the exchange.

To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MYCOINCHANGE LTD (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, MYCOINCHANGE LTD OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO MYCOINCHANGE LTD WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.

We strive to protect our users from fraudulent and scam activities in the sphere of crypto assets. It is possible, that some crypto assets are purposed for unlawful seizure of the property, or are construed as a fraud, scam or any other activity, recognized by the laws as illegal and/or non-compliant with legal requirements. MyCoinChange LTD cooperates with law enforcements agencies and other competent authorities in order to determine and disclose such crypto assets. We reserve the right to prohibit and discontinue any Exchanges via our Services with such crypto asset at our sole discretion, without any prior notice to you and without publication of the reason for such decision, whenever this comes to our knowledge. YOU INDEMNIFY AND HOLD MYCOINCHANGE LTD HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH PROHIBITION AND DISCONTINUATION OF EXCHANGES IN OUR WEBSITE WITH ANY CRYPTO ASSET.

  • No Offer of Securities

MyCoinChange LTD takes all possible measures to integrate and exchange those digital coins and digital tokens and other types of digital mediums of exchange only that cannot be classified as “security“ by SEC or other competent national authorities.

The responsibility for the fact that the crypto asset cannot be treated as “security“ lies with the owner of digital token and/or digital coin. MyCoinChange LTD reserves the right at its sole discretion to prohibit and discontinue any exchanges (as well as any other type of transaction) with the token or the coin if there is any risk or speculations that such token and/or coin can be treated as “security“.

We follow the best practices to decide whether crypto assets are security or not. However, for the avoidance of any doubt the provisions of this clause shall not constitute or deemed to be construed to constitute any warranty and/or investment, financial, legal or any other professional advice, that any crypto asset that any crypto asset available through our Services is not a security.

  • Termination of the Terms

We reserve the right to terminate these Terms and delete your MyCoinChange LTD Account and registration (including your username and password) in the following cases:

If for any reason We decide to discontinue to provide the Service, by providing at least a 3 (three) calendar days’ notice (which shall be provided by e-mail);

If We believe that you have breached any of the terms of these Terms, immediately without notice;

If We decide to terminate our Services, immediately without notice.

MyCoinChange LTD may suspend or terminate your account or use of the Services, or the processing of any crypto asset transaction, at any time if it determines in its sole discretion that you are accessing the Services from a Restricted Location or are a resident of one (see cl.5.1.3. of our Terms of Use).

  • Applicable Law; Arbitration

You and MyCoinChange LTD agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.

 

You and MyCoinChange LTD agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to MyCoinChange LTD shall be sent to [email protected]

 

Any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to.

 

The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English language.

Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

Whether the dispute is heard in arbitration or in court, you will not commence against MyCoinChange LTD a class action, class arbitration or representative action or proceeding.

  • Miscellaneous

These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services.

In the event of any conflict between these Terms and any other agreement you may have with MyCoinChange LTD, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.

Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from MyCoinChange LTD, including by operation of law or in connection with any change of control. MyCoinChange LTD may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

 

 

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