Cryset is an online trading service (“Service” or “Services”) for buying and selling digital assets and B2B liquidity provision. Cryset does not become a party to any trade or transaction concluded by its users. Users may be natural persons or legal entities.
Where you act on behalf of a corporation, a firm or/an organisation, references in these Terms of Service to You mean the cooperation, partnership, firm or organisation.
By registering for and opening a Cryset Account, you unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of the Cryset website and/or your Cryset Account, including but not limited to, those related to, taxes or foreign currency transactions.
Please read these Terms carefully before using the Platform because they affect your legal rights and obligations.
When you access and/or use the Website and any of our Services, you represent, warrant and undertake that you will not:
a) carry out any activity that:
i) involves proceeds from any illegal or unlawful activity (including, but not limited to, activities relating to money laundering or terrorism financing);
ii) publishes, distributes or disseminates any illegal or unlawful material or information; or
o iii) otherwise violates, or could violate, any Applicable Law;
b) attempt to undermine the security or integrity of our computing systems or networks or, where the Services are hosted by a third party, that third party‟s computing systems or networks;
c) use, or misuse, the Services in any way which may impair the functionality of the Services or other systems used to deliver the Services or impair the ability of any other user to use the Services;
d) attempt to gain unauthorised access to the systems on which the Services are hosted (including, without limitation, any hardware and software operated by us or by third parties for us) or to any materials other than those which you have been given express permission to access;
e) transmit or input any files that may:
o i) damage any other person‟s computing devices or software; or
o ii) contain material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use);
f) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse-engineer any computer programs used to deliver or operate any of the Services except as is strictly necessary for normal operation; and
g) attempt to or access the source code or object code or utilise the Services in any manner to enable you to offer a competing product or service, (collectively, the “General Obligations”).
We do not act as your agent, broker, adviser, trustee or fiduciary in any capacity. These Terms of Service do not create any partnership, joint venture, joint enterprise or similar business relationship with you. None of the Services amounts to and no communication or information provided to you shall be deemed or construed to be investment or financial advice. We have no obligation to, and shall not, provide you with any legal, tax, accounting or other advice. You should conduct your own due diligence and consult an independent adviser where appropriate.
No information or material provided on any Website or through our Services shall be construed as a promotion of the Services or any product, or a solicitation, an offer or a recommendation to trade in, use or engage the Services or any product in any manner. You will make your own independent decision to access and/or use the Services (including the Trading Platform).
References in these Terms of Service to „Account‟ mean each of your Accounts opened with us, as applicable.
REVISION/AMENDMENT OF TERMS
Cryset may revise and/or amend updates to the Terms at any time, and we‟ll notify you of these updates as appropriate. By continuing to use our services after these updates, you agree to the revised terms. You also agree to receive notices from us electronically.
We may amend the Terms at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. If you do not accept the Terms, or any amendment to them, you must immediately stop using the Platform and your Cryset Account.
ELIGIBILITY AND REGISTRATION
Where any part of the Platform requires you to register in order to use it, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information by altering your details as appropriate.
The Platform shall allow you access to use registration areas of the Platform on the basis that:
- You satisfy all the eligibility criteria stipulated below;
- Your personal details including your email address and password are personal to you and may not be used by anyone else;
- You shall not do anything to assist anyone who is not a registered user to gain unathorised access to any area of the Platform or use your account to carry out transactions on behalf of a third party;
- You submit and consent to all verification of all KYC documentation, including but not limited to BVN validation and Anti money laundering checks that may be conducted by Cryset in compliance with applicable laws;
- You will not use your Cryset Account for or in relation to any illegal or prohibited activity in violation of any laws, statutes, ordinances or regulations;
- You shall not maliciously create accounts for the purpose of abusing the functionality of the Platform, or other users, nor do you seek to pass yourself off as another user;
- You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including a spouse, children and other relatives) and, except to the extent caused by our breach of this Terms.
- We and our affiliates shall not be responsible for unauthorised access to your account, and you will contact us immediately you notice an unauthorised third party may be using your account or if your account information is lost or stolen; and
You shall comply at all times with the terms herein (as may be amended from time to time).
By opening an Account with Cryset, you expressly warrant and represent that:
o You are 18 years of age or over and have full capacity to accept the Terms and enter any transaction available through the Cryset Site;
o You will not open, or attempt to open, a Cryset Account under any name except your own; or use your Cryset Account to carry out transactions on behalf of a third party;
o You will follow the Cryset Business Account application process if you seek to open and use a Cryset Account for a non-individual legal entity (e.g. a company, trust or partnership);
o You will not have more than one Cryset Account; use or access any Cryset Account other than your own; or assist any other person in obtaining unauthorised access to any Cryset Account;
o You will provide security for transactions carried out through your Cryset Account by ensuring there is sufficient Local Currency or Crypto currency (as the case may be) in your Cryset Account in advance of any transaction;
o You will not allow or facilitate the deposit of Local Currency into your Cryset Account unless that deposit is made in accordance with the Deposit Requirements stated on our website from time to time;
o You will not allow or facilitate the withdrawal of Local Currency from your Cryset Wallet to a bank account held in the name of a third party;
o You will not use your Cryset Account for or in relation to any illegal activity, any Prohibited Activity, in violation of any laws, statutes, ordinances or regulations, or in breach of Cryset KYC/ AML Controls and Sanctions requirements;
Any capitalised terms used in this Eligibility section shall have the meaning given to them in these Terms. Reference in these Terms to “Local Currency” means fiat or government issued currency, in any country being the recognized legal tender.
By opening an Account with Cryset you accept and agree that Cryset may, without further notice and in its sole discretion, terminate, suspend or restrict the account of any customer who uses, or who we reasonably suspect may be using, the Cryset Site or any Cryset Account in a manner that is inconsistent with the letter or spirit of these Terms.
a. Cryset 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.
b. 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.
c. 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.
a. In order to access and use certain Services (including the Trading Platform), you will need to have an Account. You do not need an Account to access and use the publicly available portion of the Website(s).
b. If you are an Individual User, your Account will be designated as an “Individual Account”. If you are a Corporate User, your Account will be designated as a “Corporate Account”. We may from time to time introduce different tiers or classes of Accounts, along with respective features, terms, obligations privileges and/or rights.
a. Cryset implements certain security controls to prevent malicious actors from accessing your Account. We also provide the option for you to enable two-factor authentication in respect of your Account. However, you are responsible for safeguarding your authentication credentials and for restricting access to the Services from your compatible devices. You must also ensure that your login credentials are safe, limit access to your Account to authorised persons and control the devices which can operate the Account. You must let us know immediately if an unauthorised person is accessing or using your Account.
b. We may implement or impose additional security controls from time to time at our sole and absolute discretion (including mandatory two-factor authentication for Account log-in and password resets). We may also implement or impose security controls individually on your Account. We may amend or vary these security controls in our sole and absolute discretion and without prior Notice to you.
c. If you forget or lose any of the information necessary to log in to your Account, you will need to provide all information required by us in order to facilitate any potential recovery or reset of your Account or Account details.
d. You must immediately notify us of any unauthorised use of your Account or any other breach of security. In particular, you agree to notify us immediately:
- upon any changes to your registered email address associated with your Account;
- upon any breach or compromise of security affecting your Account credentials, access to your account, your registered email address associated with your Account or any of your registered Withdrawal Addresses;
- if any person other than you has access to or uses your Account;
- if you become aware of any unauthorised use of your Account; and
- upon any other breach of security regarding your Account.
- e. We have the right to restrict the use of your Account:
- upon your request;
- if we believe you have forgotten or lost your Account information;
- if we believe there has been or may be unauthorised access to or use of your Account, your registered email address associated with your Account or any of your registered Withdrawal Addresses; or
- If we believe you have provided false information
until such time as we can verify your identity or any other relevant information.
f. Upon a breach of security, you will immediately take all reasonable steps to mitigate the effects and will cooperate with us (and provide us with all information requested) to remediate the breach. Any assistance provided by us in relation to a security breach does not in any way operate as acceptance or acknowledgement that we are in any way responsible or liable to you or any other party in connection with such breach. We will not be liable for any loss or damage arising from your failure to protect your Account and/or any unauthorised access to and use of your Account (including access to and use of any of the Services), including, without limitation, in circumstances where you have provided notice to us under these Terms of Service.
Cryset implements and maintains the highest standards of Know Your Customer (“KYC”) processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing. While our industry is largely unregulated, Cryset voluntarily adheres to local and international compliance standards in relation to customer due diligence, as explained on the Compliance page of the Cryset website.
To ensure we meet these standards, our customers are required to provide certain personal details and documents when opening a Cryset Account (“Identity Verification”). The nature and extent of the Identity Verification required will depend upon which of our supported countries you are resident in, and the deposit and withdrawal limits that you wish to apply
to your Cryset Account. In certain circumstances, Cryset may also perform enhanced due diligence (“EDD”) procedures in relation to your Cryset Account. You accept and agree that you will remain subject to such procedures at all times.
Cryset reserves the right to, at any time:
- restrict or suspend your Cryset Account when we, in our sole discretion, consider it necessary to carry out further Identity Verification and/or EDD; or
- terminate your Cryset Account if you provide, or we suspect you have provided, false information or refuse to provide information we require for Identity Verification and/or EDD.
- You accept and agree that there may be delays in accessing your Cryset Account, or in carrying out transactions through your Cryset Account, while we undertake any Identity Verification and/or EDD procedures.
RETENTION OF INFORMATION
Cryset is required to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures. These requirements apply even when you have terminated your relationship with Cryset. We reserve the right to keep such information and documentation for the required period and you accept and agree that information and documentation you provide to Cryset may be retained by us, including following the closure of your Cryset Account.
THE CRYSET WALLET
The Cryset Wallet allows you to send, receive and store digital currency (together, “Cryset Wallet Transactions”).
Supported Digital Currencies. The Cryset Wallet is only available in relation to the digital currencies that Cryset, in its sole discretion, decides to support (“Supported Digital Currency” or “Supported Digital Currencies”). The Supported Digital Currencies may change from time to time. Under no circumstances should you attempt to carry out a Cryset Wallet Transaction in relation to a digital currency other than a Supported Digital Currency. In particular, but without limiting the generality of the foregoing, you accept and agree that you will have no access, entitlement or claim:
_to any digital currency sent to a receive address associated with your Cryset Wallet where that digital currency is not a Supported Digital Currency; or
_to any digital currency sent to a receive address associated with your Cryset Wallet, where that receive address is associated with
another digital currency. For example, you will have no access, entitlement or claim to any Bitcoin Cash (BCH) sent to a Bitcoin (BTC) receive address.
Information about the Supported Digital Currencies can be found on the Fees and Features page of the Cryset website.
Local Currency in your Cryset Wallet Local Currency deposited into your Cryset Wallet is solely for (1) the purchase of Supported Digital Currencies and/or (2) Withdrawal to an approved bank account (see Withdrawals). In certain countries we may also allow you to purchase specific goods and/or services from selected third parties using your Local Currency balance (for example, Airtime in Kenya or South Africa). You accept and agree that any such purchase will be subject to these Terms.
Proceeds from the sale of Supported Digital Currencies will be credited to your Local Currency Cryset Wallet, less any applicable fees (as explained in Fees, and on the Fees and Features page of the Cryset website). Cryset does not pay interest on Local Currency or Supported Digital Currency balances held in your Cryset Wallet.
Transaction instructions. Cryset will process Cryset Wallet Transactions according to your instructions. You accept and agree that Cryset does not:
_guarantee the identity of any user, receiver, or other party to a Cryset Wallet Transaction. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information prior to submitting transaction instructions to Cryset;
_have any control over, or any liability in relation to, the delivery, quality or any other aspect of any goods or services that you may buy from or sell to any third party. Cryset shall not be responsible for, and will take no action in relation to, ensuring that any buyer or seller you transact with using your Cryset Wallet completes the relevant transaction or has the requisite authority to do so.
Receiving digital currency. You may receive Supported Digital Currency into your Cryset Wallet by providing the sender with a receive address generated in your Cryset Wallet. Your Cryset Wallet will only be credited with Supported Digital Currency sent to a receive address generated through your Cryset Wallet and associated with that Supported Digital Currency. For example, your Cryset Wallet will be credited with ETH when it is sent to an ETH receive address generated through your Cryset Wallet.
Funds received in error. In the event you know, suspect, or should reasonably know or suspect, that any Local Currency or digital currency has been credited to your Cryset Wallet (or to any bank account) in error,
you must immediately notify Cryset of the error by submitting a ticket through the Cryset Help Centre. You accept and agree that you have no claim or entitlement to any Local Currency or digital currency received in error, and must immediately return such funds in accordance with the instructions received from Cryset.
Where your identity has been verified, you may deposit Local Currency into your Cryset Wallet by depositing funds into a Cryset bank account (a “Deposit”).
Details of the Cryset bank account into which you must make the Deposit will be provided to you by Cryset, and any such bank account will be held and operated by a Cryset operating entity in your country or region (for more information on these entities, see the Company Information page on the Cryset website). You accept and agree that any information you provide to Cryset may be shared with such local entity, which will process Local Currency transactions in accordance with Cryset‟s instructions.
The payment methods by which you may Deposit Local Currency will depend upon the country you are in, and are set out on the Fees and Features page of the Cryset website (for the purposes of these Terms, the “Supported Deposit Methods”). Where you have made a Deposit using a Supported Deposit Method, and have adhered to the Deposit Requirements (explained below), your Deposit will be allocated to your Cryset Wallet.
Due to legal and operational constraints, you must strictly adhere to the following Deposit requirements (the “Deposit Requirements”):
_you may only make a Deposit from a bank account (or other Supported Deposit Method) held in your own name. You must not allow any third party to make a Deposit into your Cryset Wallet;
_you may only Deposit Local Currency from a bank account (or other Supported Deposit Method) compatible with the deposit methods available in your country or region;
_you may only make Deposits denominated in the Local Currency associated with your Cryset Wallet. For example, if you have a ZAR wallet, you must only make Deposits in South African Rand;
_you must not use cash or cheques to make a Deposit. Cryset reserves the right to refuse any Deposit made by cash or cheque. Should Cryset decide, in its sole discretion, to allow a Deposit by cash or cheque on an exceptional basis, the allocation of such Deposit will be delayed to allow fraud and compliance checks to take place, and a Cash Deposit Penalty (see the Fees and Features page of the Cryset website) may be deducted from it. Any Cryset Account that receives more than one cash or cheque deposit may, at Cryset‟s sole discretion, be suspended indefinitely.
You agree to abide by the Deposit Requirements and agree and accept that failure to do so may cause delay in or failure of any Deposit reflecting in your Cryset Wallet, and/or restriction, suspension or termination of your Cryset Account.
ALLOCATION OF DEPOSITS.
When you request to make a Deposit through your Cryset Wallet, you will be provided with a Reference Number or Unique Deposit Amount. To permit timely and successful allocation of a Deposit to your Cryset Wallet, you must use the Reference Number or Unique Deposit Amount when you make an online bank transfer or use any other Supported Deposit Method. Cryset will not be responsible for any delay in or non-allocation of Deposits to your Cryset Wallet where you fail to specify the required Reference Number or Unique Deposit Amount.
Deposits may take time to reflect in your Cryset Wallet due to bank processing times, operational processes, and/or failure by you to adhere to the Deposit Requirements. Under no circumstances will Cryset have any liability to you in relation to any delay in or failure of a Deposit reflecting in your Cryset Wallet.
Cryset will make all reasonable efforts to allocate Deposits that do not meet the Deposit Requirements. However, any Deposits less than the Minimum Unallocated Deposit Amount that cannot be allocated within a one month period will be retained by Cryset and you accept and agree that you shall have no further claim or entitlement to such funds. The Minimum Unallocated Deposit Amount shall until otherwise determined by Cryset be USD10.00 or the equivalent in your Local Currency.
Where you have added your local bank account details to your Cryset Account, you may withdraw funds from your Cryset Wallet to your bank account (a “Withdrawal”). Cryset will process Withdrawals in accordance with your instructions. You are solely responsible for ensuring that any Withdrawal instructions provided to Cryset, including the relevant bank account number, are complete and correct and you accept and agree that under no circumstances will Cryset be under any obligation to reverse or amend any Withdrawal.
Cryset will make all reasonable efforts to process Withdrawals each business day, in accordance with the Deposit and Withdrawal Schedule on the Cryset website, but you accept and agree that Cryset provides no guarantee in relation to the Withdrawal processing period.
Withdrawals to the bank account of any third party are expressly prohibited. You agree not to make, or attempt to make, any Withdrawal of funds from your Cryset Wallet to the bank account of a third party
and accept that any such Withdrawal may be refused and/or result in the restriction, suspension or termination of your Cryset Account.
PEER TO PEER EXCHANGE SERVICE
Cryset allows users to solicit offers to buy or sell Digital Currencies on its peer to peer (P2P Classic) marketplace. Payment methods are negotiated and exchanged on a peer-to-peer basis between the buyers in the Marketplace and sellers in the Marketplace. Our users agree upon which payment methods to use to complete a transaction and are fully responsible and liable for using such payment methods in a lawful manner.
Our users are able to post offers to either buy or sell Digital Currencies in a variety of convenient methods. The creator of the offer is responsible for listing terms of the transaction, including the payment methods the Seller will accept. Once an offer is selected by another Cryset user, the Seller‟s Digital Currencies are locked as part of our transaction procedures (which we refer to as “Cryset Escrow”) until all conditions necessary to consummate the transaction have occurred. Cryset shall deploy its systems to match buying offers to selling offers to provide the users with the best available matching offers on the Cryset Peer to Peer Exchange. The sale is complete and Digital Currencies are unlocked and released to the Buyer by the Seller once the Buyer has completed the terms of the transaction and payment has been confirmed valid and received by the Seller. Cryset does not act as a payment processor. All liability for sending and receiving payment and confirming the validity of the transactions lie between the buyer and seller. The Digital Currencies we lock are released back to the Seller if the Buyer chooses to cancel the transaction. The Seller may not cancel the transaction at any point. The Seller only has the option to unlock the Digital Currencies and release it to the Buyer. This is for the security protection for the buyer, Should a Seller need to cancel the transaction due to a Buyer not following the terms of the transaction, they must start a dispute and provide a reason for doing so as further described in Section 8 of this Agreement. The following general terms apply to each transaction described below:
Buying Digital Currencies via soliciting an offer on the Peer to Peer Exchange. When purchasing Digital Currencies on the Cryset Peer to Peer Marketplace: There are no fees for Cryset Escrow as part of a transaction that are payable by Buyers on our Marketplace. Offers from Cryset counterparties have their own terms and conditions and each offer will vary in exchange rate, speed of exchange, and other terms and conditions imposed by a Seller. Cryset shall deploy its systems to match buying offers to selling offers to provide the buyer with the best available matching selling offers on the Cryset Peer to Peer Exchange and this matching service shall not be considered as an offer to sell, an agency service, a brokerage service or a guarantee by Cryset and the Buyer has the rights to decline the match and to choose any other selling offers available on the Peer to Peer Exchange. By accepting a Seller‟s offer,
you agree to be bound by the terms and conditions of that offer. The terms and conditions specified by the Seller are valid in all cases except when they contradict or violate this Agreement, are illegal, are unreasonable or otherwise difficult to comply with (as determined in Cryset‟s sole and absolute discretion), or if both users of the transaction consent to alter the terms and conditions of such offer.IT IS YOUR RESPONSIBILITY TO CAREFULLY READ THE SELLER‟S OFFER TERMS AND CONDITIONS AND FOLLOW THEM EXACTLY. IF YOU DO NOT FOLLOW THE OFFER TERMS AND CONDITIONS, YOUR PAYMENT WILL NOT BE ACCEPTED. NEVER SUBMIT PAYMENT UNLESS YOU HAVE FOLLOWED ALL TERMS AND CONDITIONS LISTED IN THE OFFER. IF YOU SUBMIT PAYMENT WITHOUT FOLLOWING THE TERMS AND CONDITIONS, CRYSET CANNOT ASSIST YOU IN A DISPUTE PROCESS TO RECOVER YOUR PAYMENT.
Payment verification and providing instruction to unlock Digital Currencies from Cryset Escrow are the sole obligations of the Seller and not that of Cryset. If the Seller does not release the Digital Currencies to you upon proper completion of the Seller‟s terms and conditions, promptly report the issue via the designated dispute button within the particular transaction chat. Cryset support will review and settle the dispute via Cryset‟s Dispute Resolution Process.” If you do not follow this dispute resolution process, Cryset will be unable to assist you with this matter.
Selling Digital Currencies on the Peer to Peer Exchange. When selling Digital Currencies on the Cryset Peer to Peer Exchange: Sellers must verify and process the payment in a reasonable amount of time, and within a certain amount of time as specified in the offer terms. Once the Buyer has submitted payment to you in accordance with the offer terms, it is your sole duty and responsibility to promptly verify and process the payment and then unlock the Digital Currencies from Cryset Escrow and release it to the Buyer. If you do not follow the instructions on the offer, you may not be entitled to a return of your locked Digital Currencies.
As a Seller you accept all risks and liabilities for any violation of this Agreement incurred through the sale of Digital Currencies. You also accept that Cryset shall deploy its systems to match your selling offers to the best available matching buying offers on the Cryset Peer to Peer Exchange and that this matching service shall not be considered as an offer to buy, an agency service, a brokerage service, or a guarantee by Cryset and the Seller has the rights to decline the match and to choose any other buying offers available on the Peer to Peer Exchange.All taxes to be paid are your responsibility. Cryset charges a fee to you as the Seller of Digital Currencies for locking Digital Currencies in Cryset Escrow subject to a sale. Unless determined otherwise in Cryset‟s sole and absolute discretion, Cryset shall not reimburse any losses to the Seller whether due to a violation of this Agreement, fraud or otherwise and our fee will not be refunded under any circumstances.
Any payment received should be fully processed and confirmed as received by you before unlocking the Digital Currencies from Cryset Escrow. Cryset is not responsible for your loss if you prematurely unlock Digital Currencies before payment has been properly verified and received by you. You must be attentive and responsive to your Buyer. You should deactivate any inactive offers.
Any advertisement of your own website in any section of Cryset‟s Peer to Peer Marketplace (such as your bio, offer terms or transaction chat) that would facilitate buying or selling Digital Currencies outside of Cryset‟s Services is strictly prohibited. In limited instances, it is permissible to share your website that is created solely for the Seller to receive payment in order to complete the transaction (i.e. trusted third party debit/credit card processing) in the transaction instructions; provided that the use of such external websites are made clear in the offer terms and such websites may not contain any other advertisements or your contact information.
Cryset reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if Cryset suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if Cryset reasonably suspects that the transaction is erroneous; or if Cryset suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, Cryset will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.
Payment Services Partners. Cryset uses third party payment processors to process any Fiat Currency payment between you and Cryset, including but not limited to payments in relation to your use of the Peer to Peer Exchange Service.
Disputing Transactions on the Peer to Peer Exchange. In most cases, the easiest way to settle a dispute is for Buyers and Sellers to communicate, work together to figure out what happened, and come to an agreeable solution. When a Buyer and a Seller cannot come to an agreeable solution, Cryset‟s support team (“Cryset Support”) can help. Either party can initiate the dispute resolution process (“disputed transaction” or “dispute”) with respect to a transaction. Disputes can only be initiated on transactions that are marked as fully paid by the Buyer. Transactions that are not marked as fully paid by the Buyer, cancelled by the Buyer, automatically cancelled due to expiration of the timeframe set forth in the offer, already disputed and resolved or where the Seller has released the Digital Currencies to the Buyer generally cannot be disputed, reversed, or altered.
Once a dispute has been submitted, Cryset Support will provide the other party with notification by email and by sending a message through the transaction chat feature available to Buyers and Sellers in the Marketplace alerting such party that a dispute has been initiated. If one of your transactions is being disputed, Cryset Support will tell you which transaction is being disputed and why the transaction is being disputed.
Disputed transactions will be investigated by Cryset Support and a decision will be made based upon evidence provided by both parties.
Unresponsiveness. When you are involved in a transaction, it is important that you remain active and available from the time the transaction is started to the time that the transaction is completed, cancelled, or resolved. This means that you must be able to provide a response to a request by Cryset Support in a disputed transaction within the time specified by Cryset Support or you may be deemed as unresponsive and the dispute may be resolved against you.
Chargebacks. A party may face additional risks depending on the payment method used for the transaction even if Cryset‟s dispute resolution process finds in favor of such party. The dispute resolution process set forth in this Agreement is separate from any remedies a Buyer or Seller may have through the payment method used in connection with a transaction. Cryset is not obligated to initiate or handle chargebacks and is not liable if a party reverses, charges back, or otherwise disputes a transaction via an avenue made available to the party through the payment method used in the transaction, including after a dispute is closed.
Finality. You acknowledge and agree that Cryset‟s decision regarding a Peer to Peer transaction dispute is conclusive, final and binding as described in this Agreement. Cryset will have no liability to either a Buyer or a Seller in connection with its decisions.
The fees applicable to transactions undertaken on the Platform can be viewed on the Fees and Features page of the Cryset website. Cryset reserves the right to change our fees at any time and will update the Fees and Features page accordingly. In certain circumstances, and at our sole discretion, Cryset may notify selected customers of a specific fee change, where we consider a change to be of particular relevance to such customers.
Send and Receive fees. You may be charged a fee to send Supported Digital Currency from your Cryset Wallet and/or to receive Supported Digital Currency into your Cryset Wallet. Fees will apply where Supported Digital Currency is sent to or received from a Supported Digital Currency address (e.g. a Bitcoin address); no fees will apply where Supported Digital Currency is sent to or received from a mobile telephone number or email
address. Please see the Fees and Features page of the Cryset website for further information on send and receive fees.
Deposit and Withdrawal fees. All Withdrawals from your Cryset Wallet will incur a fee. Such fees differ by country and are set out on the Fees and Features page of the Cryset website. Some Deposits made using a Supported Deposit Method may incur a fee, as set out on the Fees and Features page, and cash Deposits may incur a Cash Deposit Penalty (see Deposits). Such fees will be displayed in your transaction history upon completion of the transaction.
Instant Buy and Sell fees. The quoted exchange rate in relation to any buy or sell order placed using the Instant Buy and Sell service will include an amount to reflect Cryset‟s facilitation of the relevant trade, the percentage of which will vary with market conditions (see Instant Buy or Sell).
Trade fees. Cryset applies a [Maker / Taker fee structure] for customers using the Platform, which is explained in the Cryset Help Centre. Please consult the Fees and Features page of the Cryset website for further information on applicable Maker and Taker fees. Cryset will, at the time of any transaction on the Platform, notify you of any fees that will apply to the transaction. By proceeding with any transaction, you accept and agree to the applicable fees. Such fees will also be displayed in your transaction history upon completion of the transaction.
Cryset takes security very seriously and the measures we have in place to protect your Cryset Account are explained on the Security page of the Cryset website. However, you are solely responsible for:
_maintaining adequate security and control over your Cryset Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), API keys, or any other codes associated with your Cryset Account;
_enabling any additional security features available to you, including the activation of two factor authentication on your Cryset account (see the Cryset Help Centre);
_keeping your contact details up to date so that you can receive any notices or alerts we may send to you in relation to security (see Electronic Communications);
_maintaining security and control over the email mailbox, phone number and two factor authentication applications or devices associated with your Cryset Account.
Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your Cryset Account and the loss or theft of any digital currency and/or Local Currency
balances held in your Cryset Wallet or any linked bank account(s). Cryset shall have no liability to you for or in connection with any unauthorised access to your Cryset Account, where such unauthorised access was due to no fault of Cryset, and/or any failure by you to act upon any notice or alert that we send to you.
The security of your Cryset Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. Cryset strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks.
Care should be taken in reviewing messages purporting to originate from Cryset and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your Cryset Account through the Cryset website (specifically, https:// www.Cryset.com, and not any other domain name or website purporting to be, or to be related to, Cryset) to review any transactions or required actions.
To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your Cryset Account and accept all risks of any unauthorised or authorised access to your Cryset Account.
Private keys. Cryset securely stores all Supported Digital Currency private keys (“Private Keys”) associated with any Cryset Account. You accept and agree that Cryset shall retain full ownership and control of the Private Keys associated with your Cryset Account and that you shall have no control of, access to, or the ability to use, such Private Keys. For example, but without limiting the generality of the foregoing, Cryset will not:
_accept or adhere to any instruction to sign any data with a Private Key;
_give access to any funds associated with your private keys, other than those of the Supported Digital Currency associated with your digital currency wallet;
_allow the creation of any receive addresses associated with a Private Key other than receive addresses created through your Cryset Wallet. Cryset will not credit to your Cryset Wallet any digital currency associated with a Private Key other than where such funds have been received via a receive address generated through your Cryset Wallet.
While we will do everything we can to provide continuous operations, Cryset does not provide any warranty in relation to the availability of the Platform or your Cryset Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to the Platform or your Cryset Account and make no representation that the Platform, Cryset API, your Cryset Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.
TRANSACTIONS ON DIGITAL CURRENCY NETWORKS
When you use your Cryset Account to send or receive digital currency, the transaction must be confirmed and recorded in the public ledger associated with the relevant digital currency network (e.g. the Bitcoin network or the Ethereum network). That digital currency network is solely responsible for verifying and confirming any such transactions. Cryset cannot confirm, cancel or reverse transactions on a digital currency network, other than confirming to you that the network has completed the transaction. You accept and agree that:
_Once submitted to a digital currency network, a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Cryset Wallet balance or be available to you to conduct transactions;
_When you send digital currency from your Cryset Account, you are authorising us to submit your transaction request to the relevant digital currency network. Once a transaction request has been submitted to the relevant digital currency network, the network will automatically complete or reject the request and neither you or Cryset will be able to cancel or otherwise modify your transaction.
_Digital currency networks are operated by decentralised networks of independent third parties. They are not owned, controlled or operated by Cryset so we cannot ensure that any transaction details you submit will be confirmed by the relevant digital currency network. You agree that any transaction details you submit may not be completed, or may be substantially delayed, by the digital currency network used to process the transaction.
NETWORK PROTOCOLS AND OPERATING RULES. The underlying software protocols that govern the operation of the Supported Digital Currencies are open source. Accordingly, anyone can use, copy, modify, and distribute them and Cryset has no ownership of or control over these protocols. By using the Platform, you accept and agree that:
_Cryset is not responsible for the operation of any digital currency network‟s underlying software protocols and makes no guarantee as to their availability, security, or functionality; the underlying software protocols are subject to sudden changes in operating rules (known as “forks”), and that such forks may materially affect the value, function, and/or name of any digital currency you store in your Cryset Account. Should a fork occur, Cryset may, with or without notice to you, temporarily suspend our operations and, in our sole discretion, decide whether or not to support either branch of the forked protocol entirely; and
_in the event Cryset decides not to support a branch of a forked protocol, you will not be given access to the assets on that fork. Those assets will be securely held by Cryset and we will not buy or sell them.
DEFAULT AND DEFAULT REMEDIES
Each of the following constitutes an “Event of Default”:
_your failure to make any payment to us or to any Associated Company of ours in accordance with the conditions set out this Terms;
_your failure to perform any obligation due to us;
_where any Transaction or combination of Transactions or any realised or unrealised losses on any Transactions or combination of Transactions opened by you results in your exceeding any credit or other limit placed on your dealings;
_the initiation by a third party of proceedings for your bankruptcy (if you are an individual) or for your winding-up or for the appointment of an administrator or receiver in respect of you or any of your assets (if you are a company) or (in both cases) if you make an arrangement or composition with your creditors or any other similar or analogous procedure is commenced in respect of you;
_where any representation or warranty made by you in these Terms is or becomes untrue; f. if Cryset suspects that you are engaged in money laundering activities or terrorist financing or card fraud or other criminal activities; g. Cryset reasonably suspects that you opened the account fraudulently; h. you are or become unable to pay your debts as and when they fall due; or i. any other circumstance where we reasonably believe that it is necessary or desirable to take any action to protect ourselves or all or any of our other clients.
If an Event of Default occurs in relation to your Cryset Account with us or in relation to any account(s) held by you with an Associated Company of ours, we may, at our absolute discretion, at any time and without prior notice:
_close or part-close all or any of your transactions based on the then prevailing quotations or prices in the relevant markets or, if none, at such levels as we consider fair and reasonable and/or delete;
_restrict the your activities until Cryset can reasonably determine that an Event of Default occurred;
_cancel or revoke any benefits awarded to you; and/or d. take legal action for any losses suffered by Cryset.
INDEMNITY AND LIMITATION OF LIABILITY
Neither we nor our directors, officers, employees or agents shall be liable for any losses, damages, costs or expenses incurred or suffered by you under these Terms unless arising directly from our or their respective gross negligence, wilful default or fraud. In no circumstances shall we have any liability for consequential loss or special damage.
We shall not be liable for any partial or non-performance of our obligations hereunder by reason of any cause beyond our reasonable control, including without limitation any breakdown, theft, destruction, malfunction or failure of transmission, communication or computer facilities, industrial action, acts and regulations of any governmental or supra national bodies or authorities or the failure of any relevant third party, intermediate broker, agent or principal of ourselves, custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations.
You will make all your own decision to access and/or use our Platform or to enter into or execute any Transaction and/or Contract. You acknowledge and agree that our Platform does not and will not serve as the primary basis for any of your investment decisions concerning your Cryset Account. You are solely responsible for any investment or trading decisions you make with respect to products identified on our Platform and neither we, nor our directors, officers, shareholders, partners, members employees, agents, service providers, legal representatives and/or Affiliates (together our „Associates‟) shall be responsible for determining whether any Transaction you enter into is suitable, appropriate or advisable. Neither we, nor our Associates are and will be, by virtue of providing the Platform, an advisor or fiduciary for you or any Authorized Person.
We shall have no obligation to contact you to advise upon appropriate action in light of changes in market conditions (including, without limitation, Market Disruptions) or otherwise. You acknowledge that the Market in fixed income securities is highly speculative and volatile and that, following execution of any transaction, you are solely responsible for making and maintaining contact with us and for monitoring open positions and ensuring that any further instructions are given on a timely basis. In the event of any failure to do so, we can give no assurance that it will be possible for us to contact you and we accept no liability for loss alleged to be suffered as a result of any failure by you to do so. Without limitation, neither we, nor our Associates accept any liability by reason of any delay or change in market conditions before any particular Transaction is effected.
In no event will any liability of Cryset, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the Platform or your Cryset Account, exceed (in aggregate) the fees earned by Cryset in connection with your use of your Cryset Account in the one month period immediately preceding the event giving rise to the claim for liability
Without limitation, neither we nor any of our Associates shall be liable for any loss arising from any act or omission of any Agent, Broker, Authorized Person or other third party who performs services for you.
You represent and warrant to us, and agree that each such representation and warranty is deemed repeated each time you open or close a Transaction by reference to the circumstances prevailing at such time, that:
_the information provided to us in your application form and at any time thereafter is true and accurate in all respects;
_you are duly authorised to execute these Terms, to open each Transaction and to perform your obligations hereunder and thereunder and have taken all necessary action to authorise such execution, delivery and performance;
_you will enter into this Terms and open each Transaction as principal;
_any person representing you in opening or closing a Transaction will have been, and (if you are a legal entity) the person entering into this Terms on your behalf is, duly authorised to do so on your behalf;
_where applicable, you have obtained all governmental or other authorisations and consents required by you in connection with this Terms and in connection with opening or closing Transactions and such authorisations and consents are in full force and effect and all of their conditions have been and will be complied with;
_execution, delivery and performance of these Terms and each Transaction will not violate any law, ordinance, charter, by-law or rule applicable to you, the jurisdiction in which you are resident, or any agreement by which you are bound or by which any of your assets are affected;
_if you are an employee or contractor of a financial services firm or any other firm that has control over the financial transactions in which its employees and contractors deal, you will give us proper notice of this and of any restrictions that apply to your dealing;
_you will not use our prices for any purpose other than for your own trading purposes, and you agree not to redistribute our prices to any other person whether such redistribution be for commercial or other purposes;
_you will use the services offered by us pursuant to these Terms in good faith and, to this end, you will not use any electronic device, software, algorithm, or any trading strategy („Device‟) that aims to manipulate or take unfair advantage of the way in which we
construct, provide or convey our prices. You agree that using a Device whereby in your dealings with us you are not subject to any downside market risk will be evidence that you are taking unfair advantage of us;
_you have considered your own financial circumstances, needs and objectives and concluded that dealing in trading activities is appropriate for you. You warrant that you understand the risks, terms and conditions of Transactions entered into by trading on the Platform, (regardless of information supplied by Cryset) and are willing to take on those risks;
_Cryset does not, nor do any of its directors, officers, agents or employees, guarantee repayment of capital or payment of Income in relation to any funds deposited or any Transactions undertaken;
_no part of any funds remitted by you have been the proceeds of any illegal activity or used for any terrorist financing or money laundering activities. You agree to provide such information related to your business and financial affairs as may be reasonably requested by Cryset in order to comply with the Anti-Money Laundering Act or other legislative requirements; and
MARKET ABUSE PROHIBITED TRADING TECHNIQUES
You agree that you shall not take any action or enter into any course of conduct which would breach Applicable Regulations and/or will or may alter, distort or manipulate the relevant Underlying Market in relation to any Transaction contemplated by this Terms.
You shall not unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that we have applied to our Platform and/or computer system(s). If, at our sole discretion, we were to determine that you are in breach of this clause, we reserve the right to take all action as we see fit, including, without limitation, completely blocking your access to our Platform, blocking and/or revoking your Access Codes and/or terminating your Cryset Account. Under these circumstances, we reserve the right to seize any profits and/or revenues generated directly or indirectly by exercising any such prohibit trading activity and we shall be entitled to inform any interested third parties of your breach of this clause; we have, and will continue to develop any tools necessary to identify fraudulent and/or unlawful access and use of our Platform.
We shall have no obligation to contact you to advise upon appropriate action in light of changes in market conditions (including, without limitation, Market Disruptions) or otherwise. You acknowledge that the trades on the over-the-counter market in leveraged financial instruments is highly speculative and volatile and that, following execution of any Transaction, you are solely responsible for making and maintaining contact with us and for monitoring your open positions and ensuring that any further instructions are given on a timely basis. In the event of any failure to do so, we can give no assurance that it will be possible for us to contact you and
we accept no liability for loss alleged to be suffered as a result of any failure by you to do so.
Without prejudice to any other provisions of this Terms, you agree to indemnify us and hold us, our Affiliates and any of our Associates, harmless from and against any and all liabilities, losses, damages, costs and expenses, including, without limitation, legal fees and expenses incurred in connection with and/or directly or indirectly related with, any fraudulent and/or unlawful access and use by you of our Platform and/or the prevention and/or remediation thereof, provided that any such liabilities, losses, damages, costs and expenses would not have not arisen, but for our gross negligence, fraud or wilful default.
The Company may allow you to manage more than one trading accounts on its Platform. Such offering is only available for the management of more than one trading accounts belonging to you. You hereby represent, warrant, and agree that you will not use this facility to manage trading accounts not belonging to you without obtaining the Company‟s prior written consent.
PERSONAL DATA AND PRIVACY
You acknowledge that by opening an account with us and opening or closing Transactions, you will be providing us with personal information within the meaning of the NITDA Draft Guidelines of 2017. You consent to us processing all such information for the purposes of performing the contract and administering the relationship between you and us. You consent to our disclosing such information:
_where we are required to by law;
_to Associated Companies;
_to service providers and business partners with whom we have a mutual relationship;
_to such third parties as we deem reasonable;
_where it is necessary in order to prevent crime; and
_to such third parties as we see fit to assist us in enforcing our legal or contractual rights against you including but not limited to debt collection agencies and legal advisors.
You authorise us, or our agents acting on our behalf, to carry out such credit and identity checks as we may deem necessary or desirable, including requesting a reference from your bank from time to time and you agree to assist us, where necessary, in obtaining such a reference.
You authorise us or our Associated Companies or any Trading Partner to telephone or otherwise contact you at any reasonable time in order to discuss any aspect of our business or of our Associated Companies‟ business or of our Trading Partner‟s business. If you do not wish us or our Associated Companies or our Trading Partners to so contact you for any direct marketing activities, you must inform us in writing.
CLOSURE OF YOUR ACCOUNT
You may close your Cryset Account by submitting a closure request via the Help Centre. Cryset will action such requests once (i) the sum of all Local Currency and digital currency balances in your Cryset Wallet(s) is below the Minimum Closure Amount; and (ii) no transactions have taken place in your Cryset Account for a period of at least 30 days. Such requirements are designed to protect you from loss and Cryset will not action a closure request until they are satisfied. You accept and acknowledge that, once your Cryset Account is closed:
you will have no further access to it;
_Cryset will be under no obligation to notify you of, or provide to you, any digital currency sent to any receive address associated with your Cryset Account; and
_Cryset reserves the right (but has no obligation) to delete all of your information and account data stored on our servers, and also reserves the right to retain any information that is required for legal or operational reasons.
_If at the date of closure of your account any Local Currency or digital currency remains in your Cryset Wallet(s) (i.e. funds amounting to less than the Minimum Closure Amount), you accept and agree that Cryset shall retain such funds and that you shall have no further claim to them. The Minimum Closure Amount shall be USD10.00 or the equivalent in your Local Currency.
_You accept and agree that Cryset shall not be liable to you or any third party in relation to the closure of your Cryset Account, the termination of access to your Cryset Account, or for the deletion of your information or Cryset Account data.
RESTRICTION SUSPENSION AND TERMINATION
_Cryset reserves the right to restrict, suspend or terminate your Cryset Account where:
_we reasonably suspect your Cryset Account to be the subject of an operational or other error, in which case we may be required to suspend access to your account until such time as the error is rectified;
_we reasonably suspect your Cryset Account has been or is being used in relation to any unlawful, fraudulent or Prohibited Activity, or in breach of these Terms;
_we reasonably suspect you or your Cryset Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;
_we reasonably suspect you of taking any action that Cryset considers to be a circumvention of Cryset‟s controls, including but not limited to opening multiple Cryset Accounts;
_we reasonably suspect your involvement in any attempt to gain unauthorised access to any Cryset Account;
_your Cryset Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance associated with your Cryset Account;
_we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; or
_your name appears on a government or international body sanctions list.
Cryset will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Cryset Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise Cryset‟s security and/or risk management procedures. You accept and agree that Cryset is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Cryset Account, and shall have no liability to you in connection with the restriction, suspension or termination of your Cryset Account.
Under no circumstances does any information contained on the Platform, or provided to you through your Cryset Account or by any employee, agent or affiliate of Cryset, constitute financial, investment or other professional advice.
You are solely responsible for any decision to store, buy or sell digital currency, and such decision should take into account your risk tolerance and financial circumstances. For more information on the risks involved, see Risks and the Risk Warning on the Cryset website. You should consult your legal or tax professional in relation to your specific situation.
You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you carry out through your Cryset Account, and for withholding, collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities.
You must not use your Cryset Account to undertake any of the activities or categories of activity set out in this section (each a “Prohibited Activity”):
- violation of any laws, statutes, ordinance or regulations;
- undertaking, facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking;
- abusive activity, including but not limited to:
- imposing an unreasonable or disproportionately large load on Cryset‟s infrastructure, or otherwise taking any action that may negatively affect the performance of the Platform or Cryset‟s reputation;
- attempting to gain unauthorised access to the Platform or any Cryset Account;
- transmitting or uploading any material to the Platform that contains viruses, Trojan horses, worms, or any other harmful programmes; or
- transferring your Cryset Account access or rights to your Cryset Account to a third party, unless as required by law or with Cryset‟s prior consent.
- paying in to or otherwise supporting pyramid schemes, Ponzi schemes, matrix programmes, “get rich quick” schemes, multi-level marketing programmes or high-yield investment programmes;
- fraudulent activity, including but not limited to taking any actions that defraud Cryset or a Cryset customer, or the provision of any false, inaccurate, or misleading information to Cryset;
- transactions involving items that may help facilitate or enable illegal activity; promote or facilitate hate, violence or racial intolerance; are considered obscene; or may be stolen goods or the proceeds of crime;
- transactions involving TOR markets, online gambling sites or mixers;
- sale or purchase of narcotics or controlled substances; and
- intellectual property infringement.
By opening a Cryset Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity.
Activities subject to the prior written approval of Cryset. Unless you have obtained the prior written approval of Cryset, you accept and agree that you will not use your Cryset Account to conduct or operate any of the following business activities or categories of activity:
_money services, including but not limited to money or digital currency transmission, currency or digital currency exchange or dealing, payment service providers, e-money or any other financial services business;
_gambling or gaming services;
_charitable or religious / spiritual organisations;
_consumer lending services, including but not limited to secured and unsecured loans, cash advances, payday lending;
_investment funds, asset management, or brokerage services.
We reserve the right to restrict, suspend or terminate your Cryset Account if we suspect, in our sole discretion, that you are using, or have used, your Cryset Account in association with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of Cryset.
DISCLAIMER OF WARRANTIES
The Platform, your Cryset Account and any related products or services are offered on a strictly “as-is” and “where-available” basis and Cryset expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the Platform, your Cryset Account, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.
Some jurisdictions do not allow the disclaimer of implied terms in consumer contracts, so some or all of the disclaimers in this section may not apply to you.
LIMITATION OF LIABILITY
In no event shall Cryset, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of the Platform and/ or your Cryset Account, including without limitation any damages caused by or resulting from any reliance upon any information received from Cryset, 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 unauthorised access to Cryset‟s records, programmes or services.
In no event will any liability of Cryset, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the Platform or your Cryset Account, exceed (in aggregate) the fees earned by Cryset in connection with your use of your Cryset Account in the six month period immediately preceding the event giving rise to the claim for liability.
The above limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability
for incidental or consequential damages, some of the limitations in this section may not apply to you.
Cryset will not be liable for any loss resulting from your use of the Platform, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, the malfunction of electronic or mechanical equipment, personal computer and any lines thereto, theft, operator errors, or due to any “force majeure” (e.g., severe weather, earthquake, flood, fire or other acts of God), and strikes or other labour problems, or to any other cause beyond the reasonable control of Cryset.
QUERIES COMPLAINTS AND DISPUTES
All queries and complaint should be raised with our customer support department through the support page on the platform.
Without prejudice to any of our other rights to close a Transaction under this Terms, in any case where we are in dispute with you in respect of a Transaction or alleged Transaction or any communication relating to a Transaction, we may, at our absolute discretion and without notice, close any such Transaction or alleged Transaction, where we reasonably believe such action to be desirable for the purpose of limiting the maximum amount involved in the dispute, and we will not be under any obligation to you in connection with any subsequent movement in the level of the Transaction concerned.
This Terms and each Transaction entered into with you is in all respects governed by Nigerian Law and the courts of Nigeria will have non-exclusive jurisdiction to settle any disputes that may arise in relation thereto.
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 Cryset, 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 Cryset, including by operation of law or in connection with any change of control. Cryset may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.