Terms and conditions
OUR TERMS & CONDITIONS
Last Updated: 22/12/2022
IMPORTANT! PLEASE READ THESE TERMS CAREFULLY. THESE ARE THE TERMS AND CONDITIONS ON WHICH WE SUPPLY SERVICES TO YOU. BY CLICKING THE “ACCEPT TERMS AND CONDITIONS” CHECKBOX AND CLICKING THE “CREATE ACCOUNT” BUTTON YOU AGREE TO ADHERE TO THESE TERMS AND CONDITIONS. IF THERE IS ANYTHING IN THIS DOCUMENT WHICH YOU DO NOT UNDERSTAND, PLEASE CONTACT US. IF THERE IS ANYTHING IN THIS DOCUMENT WITH WHICH YOU DO NOT AGREE, PLEASE DO NOT CLICK “ACCEPT TERMS AND CONDITIONS” CHECKBOX AND DO NOT CLICK “CREATE ACCOUNT” BUTTON.
- These are the terms and conditions (the Terms) on which we supply Services to you, as defined below in Section 4.
- In addition to the Terms, you shall also be governed by distinct individual agreements between you and the Dealers setting out any terms upon which they provide Services to you (as set out in Section 11) as well as any other applicable laws.
- The Terms set out your responsibilities to us and our responsibilities to you, how and when these Terms can be terminated and the extent of our liability to you. By using the Services, you agree to the Terms and confirm that you accept them.
Information about us
- We are Auto Coin Payments OU operates the AutoCoinCars website. Auto Coin Payments OU is registered in Estonia with company number 14613108, Harju maakond, Tallinn, Lasnamäe linnaosa, Väike-Paala tn 2, 11415.
- You can contact us by telephoning our customer service team at +44 (0) 115 671 5007 or by other means of communication listed on the Website under the menu item “Contact Us”.
- If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- We use the words “writing” or “written” in these terms, which include emails.
your virtual interface within the Auto Coin Cars System that is intended for your use of our Services. Your Account is accessible via our Website by using your registered email and password to login;
has the meaning given to it in Section 1.4;
the document that sets out the main principles and guidelines towards the Company’s AML/CTF approach;
Auto Coin Cars or Company (also us/we):
Auto Coin Payments OU operates the AutoCoinCars website. Auto Coin Payments OU registered in Estonia with company number 14613108, Harju maakond, Tallinn, Lasnamäe linnaosa, Väike-Paala tn 2, 11415;
Auto Coin Cars System:
a marketplace with relevant user interfaces available on the Website or otherwise accessible, owned, administered, supported, and developed by us including our services stipulated in these Terms and intended for Clients to pay and for Dealers to accept Digital Assets as payment from Clients for the purchase of Goods
a day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business;
Client (also you):
a natural person who is contracting with us for the provision of our Services;
has the meaning given to it in Section 18.1;
a person who offers Goods for sale in physical asset form for business purposes;
an agreement on the purchase and sale of Goods entered into between the Dealer and the Client;
a digital representation of value that can be digitally traded, or transferred, and can be used for payment or investment purposes, (also known as cryptocurrency, virtual currency, digital currency). Digital Assets do not include digital representations of fiat currencies, securities and other corresponding financial assets;
the fees charged for the provision of the Services, the details of which are set out on our Website www.autocoincars.com
a currency that in accordance with valid laws is legal tender
all vehicles sold by the Dealer to the Client, including, without limitation, any car, lorry, van, trailer, caravan, disabled carriage, motorcycle and generally each and every accessory to and component thereof
has the meaning given to it in Section 9.4
Party or Parties:
individually means any of the Client or the Company and together means the Client and the Company
has the meaning given to it in Section 19.1;
these Terms and all annexes thereof under which the Parties agree on the general terms and conditions of the provision of Services. In the event of any other agreements being agreed between the Client and the Company with respect to the provision of Services after these Terms are concluded, those subsequent agreements shall be considered as an integral part of these Terms
a person who has registered with the Auto Coin Cars System, has access to it, but cannot use our Services until he becomes a Client or a representative of a Client, as explained in detail in Section 9
an identifier of alphanumeric characters which represents the location where the Digital Assets originate from upon payment
the website located at www.autocoincars.com.
- In these Terms, unless the context otherwise requires, the following terms have the following meanings:
- In this document, unless the context otherwise requires:
- a singular word includes the plural and vice versa;
- a word which suggests one gender includes the other gender;
- the contents of and the headings are for convenience only and shall not affect its meaning;
- a reference to legislation or to a provision of legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;
- references to a “document” are to that document as varied or novated at any time;
- a reference to “day” or “month” is a reference to a calendar day or month;
- any phrase prefaced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words introduced by those terms.
- Our Services enable you to discharge a Fiat monetary obligation in favour of a Dealer under a transaction concluded with the Dealer by exchanging your Digital Asset through us so that you can discharge your Fiat monetary obligation in favour of the Dealer.
- By using the Services, you authorize us to receive, hold, exchange Digital Assets for Fiat and disburse funds on your behalf to the bank account of the Dealer, as well as deduct the applicable Fees and [other costs] and to take any and all actions that we deem necessary to provide the Services and to comply with any applicable law(s). Payment by you to us will be considered the same as payment made directly to the Dealer and we will extinguish your outstanding obligation, to the extent of the value of the payment received from you.
- Orders through us are one-off transactions and executed individually.
You are obliged under these Terms:
- to act in good faith and adhere to these Terms as well as other provisions governing the use of our Services, as well as properly fulfil your obligations to us in a timely manner;
- to provide us with information, documents and data which is accurate, correct, up to date, not misleading and free of viruses or other computer programs or files that could interfere with normal functioning of the Auto Coin Cars System or related applications;
- to promptly (not later than on the same Business Day (in case of non-Business Day, on the earliest Business Day) as you become aware of that) notify us of improperly provided Services, of loss, theft, unauthorized use or illegal acquisition of the Auto Coin Cars System login data, and also of loss of your electronic device used for logging into the Auto Coin Cars System;
- to take all reasonable measures necessary to prevent illegal disclosure, appropriation, or use of your data related to transactions in Digital Assets; and
- at all times to comply with all applicable laws and regulations, including, but not limited to, AML/CTF regulations.
Our obligations to you
- to act in good faith in providing the Services to you;
- to strive to enable the intended use of the Website and the Auto Coin Cars System, take timely measures to correct any operation faults with Service provision or the Auto Coin Cars System;
- to fulfil our obligations to you in respect of the Services.
You are permitted to use our Service if you comply with all of the following criteria:
- you have the capacity to enter into and be bound by these Terms and any other document related thereto;
- you have attained the legal age of majority and reside in a country in which our Services are legally accessible;
- your financial status allows you to accept the risks relating to Digital Assets;
- you have provided accurate and complete information and documents requested by us to verify your identity;
- You consent to us carrying out the required AML/CTF regulations checks in respect of your identity;
- we are satisfied with the outcome of any identity, fraud and background checks including all other money laundering and terrorist financing checks which we will conduct in relation to you at any time during the term of your relationship with us;
- you create an Account in the Auto Coin Cars System in accordance with the procedure set out in these Terms;
- you do not use / intend to use the Auto Coin Cars System for anything that is unlawful, malicious or that could disable, overburden, or impair the proper working of the Auto Coin Cars System or may damage our reputation or otherwise pose any threat to us;
- at all times you comply with the Terms as well as all applicable laws and regulations including, but not limited to, AML/CTF regulations.
Representations and Warranties
- By accepting these Terms, you:
- confirm that you are eligible to use our Services by complying with criteria listed in Section 6;
- confirm that you have read these Terms;
- commit to be bound by these Terms;
- agree and acknowledge that any and all actions (transactions) performed by using your Account in the Auto Coin Cars System and related to the use of our Services or discharge of other provisions of the Terms shall be valid and causing the same legal effects as the actions (transactions) formalized by a hard copy document signed by you;
- confirm that you have enough knowledge relating to Digital Assets to use our Services, and understand that you are solely responsible for determining the nature, potential value, suitability, risks and appropriateness of our Services;
- confirm that any Digital Asset or Fiat used by you in an exchange transaction is owned by you and is derived from legitimate sources;
- That, excluding any advertisement in the normal course of marketing our Services, you confirm that we have not advised you, nor individually recommended to you, to use our Services;
- confirm to notify us immediately, no later than within 10 (ten) calendar days, of any changes to any information you have provided to us in connection with these Terms or of any circumstances that have or are likely to have an impact, negative or otherwise, on you discharging your obligations to us or of any circumstances that are material for the performance of these Terms e. g. names of authorized persons, your name/title, place of residence, email address, insolvency proceedings, etc. At the request of the Company, you agree to submit any documents (originals, duly certified paper copies or scanned copies) supporting such changes in information or circumstances, irrespective of whether such information or documents have been provided to public registers;
- confirm and understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide, and it is your responsibility to make sure that you comply with any and all local regulations, directives, restrictions and laws in your local place of residence before using our Services;
- confirm that your use of our Services does not violate any applicable laws or regulations in any jurisdiction that applies to you.
- By accepting these Terms, you represent and warrant that, at the time of entering into these Term and for the duration of the provision of the Services, the above are true and accurate. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you.
- For the avoidance of doubt, representations and warranties are personal statements or assurances given by you which we will rely on when we provide our Services to you.
- Use of the Services is subject to the laws and regulations regarding the prevention of terrorist financing and anti-money laundering. You agree and acknowledge that your use of the Services would and will comply with such laws and regulations.
Creation of an Account
- Creation of your Account on the Auto Coin Cars System is required for using the Auto Coin Cars System and getting access to our Services.
- Login to your Account requires your e-mail address and password.
- The e-mail address specified by you and intended for your identification and login to your Account shall be valid throughout the entire period of validity of your Account. If needed (upon your request) and upon satisfactory compliance with our request for documents and information from you, we can change your e-mail address manually. Such request should be submitted to [email protected].
- You will choose a password when registering your account. You are responsible for maintaining the confidentiality of your password and account access information. You are fully responsible for all activities that occur with the use of your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. If you share your password with others we will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Sharing of account information is not permitted under these Terms.
Verification and AML/CTF Checks
- To become a Client authorized to use our Services, you must provide us with the information and documents requested by us.
- As part of the global initiative to combat financial crimes, in particular money laundering and terrorism financing, we have regulatory obligations in line with the FCA guidelines (available at: Terms and conditions) that include implementing customer due diligence measures. This means we are legally obliged to know who our customers are and we fulfil this requirement by requesting information from you, including personal information, to authenticate and verify your identity.
- Such information may include your full name, home address, phone number, email address, date of birth, country of residence, nationality, government issued identification, tax identification number, bank account information, a likeness video or photograph, the purpose of the transaction and the source of your funds (collectively and individually, KYC Documents).
- The nature and extent of the information we request may differ based on our risk assessment policy. In some instances, we may contact you to obtain additional KYC Documents, and we will not be able to process your account and/or order until the information requested by us is provided in a timely manner and to our satisfaction. We reserve the right to suspend an Account where you fail to provide the requisite information for us to carry out the necessary checks in order to comply with our regulatory obligations.
- At the moment of establishing a business relationship with us or before or after the execution of any particular transaction in a Digital Asset or Fiat, we shall have the right to demand from you any documents or information, including, but not limited to those confirming the legal grounds as well as sources (origin) of your funds and other assets and the purpose and planned nature of your business relationships with us, or other documents and information to the extent necessary for us to adequately fulfil the requirements of relevant legal acts in the field of AML/CTF.
- You confirm that all information you provide to us pursuant to this section is accurate and complete and agree to keep us updated if any information provided changes. Any falsification of documents in order to circumvent your obligations under this section shall constitute a material breach of these Terms and we shall be entitled to suspend, disable and/or terminate your Account and any transactions with us.
- You also authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity. When we carry out these enquiries, you acknowledge and consent that your personal information may be disclosed to credit reference, fraud prevention or financial crime agencies.
- We shall have the right to restrict or terminate the provision of our Services if, before or after the execution of any particular transaction in a Digital Asset or Fiat, you do not submit to us or avoid, or refuse to submit to us the requested documents or information, or conceal the requested documents or information, or provide incorrect or incomplete requested information, or otherwise fail to comply with any other instructions we give.
- We shall perform regular monitoring of your transactions and in the case of a suspicious or unusual operation or transaction, we shall have the right to suspend it, including, but not limited to, the suspension of a withdrawal of your Digital Asset or Fiat, for a certain period of time. In that case, we shall not be liable to you for any default on any contractual obligations or for any damages or losses sustained by you.
- We have a general duty to report any suspicious activity identified during the business relationship with you to the relevant authorities as well as other reporting duties deriving from relevant legal acts. We shall not be liable to you for the execution of such duties.
- We shall be entitled to terminate a business relationship with you at any time if we determine that continuing such a business relationship with you exposes us to a money laundering or terrorist financing risk deemed unacceptable.
- We shall be entitled, at all times and at our absolute discretion, to suspend, disable or terminate an Account or transaction where we reasonably suspect that you have failed to comply with your obligations under these Terms.
- You warrant that you shall not use any of the Services for any of the following
- to conduct or engage in any illegal or unlawful activity
- to hide or disguise the proceeds of any illegal or unlawful activity
- to engage in any fraudulent or malicious activity
- to control or use an Account that is not yours
- to allow anyone who is not a duly authorized person to have access to or use your Account
- to disable, disassemble, reverse-engineer or decompile the Auto Coin Cars System
- to act in a way which imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; to transmit or upload any material to the Auto Coin Cars System or the Website that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; to attempt to gain unauthorized access to the Auto Coin Cars System or the Website, Accounts of other persons, computer systems or networks connected to the Auto Coin Cars System or the Website, through password mining or any other means; to use the Account information of another party to access or use the Auto Coin Cars System or the Website
- to infringe on our proprietary intellectual property;
- to conduct or engage in activity in a way that we reasonably believe might harm our ability to provide our Services; and
- to engage in any other use or activity that breaches these Terms or is not in conformity with sustainable activities of the Company, ensuring of human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by the Company.
- We reserve the right, without any prior notice or explanation, to refuse any person from using our Services or to terminate an existing relationship with a Client if we have a reasonable doubt that the activity being carried out by that person or a Client is not or has not complied with any of the prohibitions specified in this sub-section.
Transactions with Dealers
- The purchase of any Goods by you from the Dealers shall be governed by individual Dealer Agreements between you and the Dealer and we shall not be a party to such agreements. We do not accept any queries, letters, requests or complaints or liability for the quality, legality, safety, delivery or any other aspect of your purchase from the Dealer. Any disputes arising with the Dealer shall be resolved between you, the Client, and the Dealer directly, in accordance with your Dealer Agreement with them.
- Upon submission of the order form to the Dealer relating to specific Goods and upon confirmation of that order by the Dealer, the Dealer will issue an invoice using your Auto Coin Cars customer number.
Settlement and Fees
Invoice Generation and Exchange
- Once we receive a copy of the invoice from the Dealer, we will start the process of settlement of the outstanding balance indicated in the invoice. You first indicate the Digital Asset to be used and send us the agreed amount. Digital Assets are deemed received by us once we confirm that the payment has required number of confirmations as these requirements are set out on our Website for each specific Digital Asset (please consult our Website by following this link: (www.autocoincars.com).
- As such, you agree and represent to provide us with a Wallet Address that is exclusively owned by you and is under your sole and full control for the purpose of executing a transaction. We will send you a confirmation of receipt of the Digital Assets and unless you agree and authorize us to automatically execute the exchange by clicking the relevant checkbox in your Account, we will wait for a maximum period of 3 hours for your final confirmation of the exchange order. If we do not receive your final confirmation within the specified period, we retain the right to cancel or the execute the transaction and refund the amount received but we will deduct our reasonable fees and other costs for providing the Services up to that date from the refund amount.
- With your final confirmation, you authorise us to automatically execute the exchange of the agreed amounts of the Digital Assets received, deduct the applicable Fees and [other costs] and transfer such amounts on your behalf to the Dealer’s account indicated in the invoice. Subject to Section12.8, we will endeavour to do so as soon as reasonably possible, but no later than within 24 hours after receiving the final confirmation from you.
- You agree and represent that you are solely responsible and that we will not be liable for any error with respect to the instructions you provide to us, including inaccurate, incorrect or incomplete Wallet Address or bank account information.
- You agree and represent that we are not liable for damages, losses or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that websites, SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us or supported or endorsed by us.
- You agree and represent to take all reasonable steps to protect your Digital Assets, wallet, account, computer, software, bank account, address and personal data against theft, fraud, hacking or any criminal or illegal activity.
- We shall reserve the right to set the minimum and the maximum amounts to be exchanged in a single operation by indicating such restrictions on the Website.
- The amount of time required to process a transfer referred to in section12.3 above will depend on various factors, including the performance of third parties. We make no guarantee as to when the exchanged and transferred Fiat will become available to the Dealer.
- We shall not be liable for settling any of the invoices issued by the Dealer on our behalf or on behalf of the Clients if:
- a payment made by the Client never receives the necessary block confirmations; or
- 12.9.2 the Client fails to send the full amount payable under the invoice including the applicable Fees and [other costs]. In this case we will contact you for instructions to amend or cancel your order. If you choose to cancel your order, you may request a refund of the amount received but we will deduct our reasonable Fees and [other costs] for providing the Services up to that date from the refund amount.
- All Digital Asset exchange risks as well as the volatility risk of Fiat or applicable Digital Asset arising from any transactions will be your sole responsibility.
- Right to Reject. We reserve the right to decline to process an order if we reasonably believe that it does not comply with these Terms or would expose you, or other parties to harm. If we reasonably suspect that your Account has been used for an illegal purpose, you authorise us to share information about you, your Account, and your Account activity with the relevant law enforcement agencies.
- Right to Inspect. In order to comply with our regulatory obligations, we may, upon reasonable notice, ask for permission to inspect your location in connection with your use of the Services, or documentation or evidence to support specific transactions. If you refuse our request, we shall be entitled at our absolute discretion to suspend, disable or terminate your Account.
- Right to Defer. If we need to conduct an investigation or resolve any pending dispute related to your Account, we may delay settlement or restrict access to your funds while we do so. Additionally, we may delay settlement or restrict access to your funds if required to do so by law, court order or at the request of regulatory or law enforcement agencies.
- We shall charge you the Fees and apply exchange rates, which are provided on our Website and are applicable to your particular transaction.
- The Fee and exchange rates schedule referred to in section 12.14 is deemed to form part of these Terms.
- The Fee and exchange rates schedule referred to in section 12.14 is subject to change at our sole discretion. Changes shall come into force immediately upon publication of updated Fee and exchange rates schedule on our Website. Please ensure you review these regularly.
- You hereby authorise us to deduct any Fees or such other amounts payable or owing to us from the Digital Assets or Fiat we process on your behalf.
- Please ensure that the required Fees and other amounts due from you is available to us on the due date. If you do not have enough Digital Assets or Fiat to pay the Fees or any other amounts due, we reserve the right to suspend the provision of our Services to you until such Fees and other amounts due are paid to us.
- Application of any discount or commission is at our absolute discretion. For information on the discounts and/or commissions available, you should contact us here.
Refunds and Adjustments
- You cannot cancel your order where the Services have already been delivered.
- Subject to Section 13.3 below, if you decide to cancel your order relating to a specific vehicle, you can ask for a refund of the full amount indicated on the invoice. We can decide whether to issue the refund denominated in Fiat or Digital Assets. Any required currency conversion during the refund process will be calculated at a spot exchange rate available at our Website (updated regularly) live rates and depending on the Digital Asset price fluctuations, we will only refund the Digital Asset amount sent to us or the Fiat value, whichever is less. The Fees and [other costs] will be charged for processing refunds and will be deducted from any refund amount.
- Any requests for refunds can be made before we initiate the exchange of the Digital Assets into Fiat and transfer the amounts to the Dealer. From the moment we transfer the relevant amounts to the Dealer, the Dealer shall be fully responsible for any refunds to you.
- If we are unable to provide the Services, we will refund the exact amount of Digital Assets originally received from you, without any deduction. Such refunds shall be paid to you within 7 days of us identifying that we are unable to provide the Services.
- You are entitled to a refund of the exact amount of Digital Assets originally received from you, without any deduction, if we fail to comply with our obligations in Section 12.3 as a result of our fault. Such refunds shall be paid to you within 7 days of you notifying us of such failure, provided you have not acted fraudulently, intentionally or negligently.
Closing, Suspension and Termination
- Subject to having no pending transaction with us at the time of cancellation, you may close your Account at any time in accordance with these Terms. You may not use closure of your Account as a means of evading investigation or inquiries by us in order to comply with our legal obligations to any regulatory or law enforcement agency. If any queries or investigation are pending at the time you request closure of your Account, we may refuse your request to close your Account. You will remain responsible and liable for all obligations related to your Account even after such Account is closed.
- We shall be entitled to terminate the Terms upon ten (10) days’ notice in writing to you.
- We shall have a right to suspend or restrict the provision of our Services or refuse to complete, block or reverse a transaction initiated by you (even when funds are already debited), or terminate these Terms where we are required to do so by law or by any competent authority with jurisdiction over our activities. The relevant measure shall be applied within a period established under such legal acts or established by the relevant competent authority. In case such legal acts or supervisory authority does not specify a relevant period, then a relevant period shall be determined at our own discretion.
- We shall have a right to suspend or restrict the provision of our Services or refuse to complete, block or reverse a transaction initiated by you (even when funds are already debited), or terminate these Terms immediately due to any of the following reasons:
- the Client provides incorrect or incomplete or misleading information or documents, or does not provide, conceals, avoids, or refuses to provide any required information or documents to the Company, or submits documents where the veracity or authenticity is in doubt, or the submitted documents or information are not in conformity with requirements established by legal acts or the Company;
- the Client fails to provide sufficient evidence or documents supporting the lawful basis of the acquisition or the source (origin) of funds or other assets or any previously (currently) performed transactions, or avoids or refuses to provide the aforementioned evidence or documents; or there are other circumstances that indicate the Client is related to money laundering or terrorist financing;
- the Client fails to notify the Company about changes in the information provided to the Company or about the circumstances which have or are likely to have a negative impact on the due discharge of the Client’s obligations to the Company or of any circumstances that are material for the performance of these Terms;
- at the request of the Company, the Client fails to submit the data about his financial status, if such data is necessary for the Company for the assessment of risk on the Client’s solvency or fulfilment of obligations, management of the Client’s debt to the Company or provision of other services;
- the Company has valid information that the Client is unreliable;
- the Client has defaulted on his obligations assumed or representations and warranties made under these Terms or no longer meets the eligibility requirements laid down in Section 6;
- the Client has, by unlawful acts or activity, inflicted losses on the Company or have caused a real threat of such losses or damaged the reputation of the Company;
- in the opinion of the Company, the Client engages in the field of activity with a high level of risk of money laundering or terrorist financing;
- according to the information available to the Company, the Client is related or was related in the past to criminal organisations;
- the Client has, at any time, been prosecuted or convicted of criminal offences or activities;
- according to the information available to the Company, the Client is related or was related in the past with activities prohibited by international or national legal acts (e.g., but not limited to, trafficking in people, trafficking in human organs, exploitation of children, smuggling, illicit trade in weapons, ammunition or explosives, illegal trade in narcotic or psychotropic substances, prostitution, management of brothels, etc.);
- according to the information available to the Company, the Client engages in activities without holding the required licenses or other authorisations issued by competent public authorities (e. g. organization of games of chance, trade in precious stones or precious metals, etc., without holding the required licenses (authorizations);
- the Client uses the Services for illegal, fraudulent or unfair activities;
- the Client is included in the list of persons who are suspected of local or international terrorism or terrorist financing;
- the Client is a person who is subject to sanctions for any reasons or who permanently resides in a country that is subject to sanctions;
- the Client is permanent resident of a country that is not a member of the Financial Action Task Force for Combating Money Laundering and Terrorist Financing or of the international organization that has the FATF observer’s status of the Financial Action Task Force and engages in the activities of combating money laundering and terrorist financing.
- the Client engages (or the Company reasonably believes that has plans to engage) in another activity that is not in conformity with: sustainable activities of the Company, ensuring of human rights, transparency, gender equality, moral and ethics, or other activity deemed unacceptable by the Company;
- the Client is a person whose Account is used by third parties without legal grounds, or, in the opinion of the Company, the funds held in or credited to such Account do not belong to the Client, except where there is a special agreement with the Company;
- the Client acts in a way that puts the Company’s reputation at risk;
- the Client has, without the Company’s permission, registered (created an Account) at the Auto Coin Cars System more than once;
- we have concerns about the security of your Account, or we suspect that you use our Services in a fraudulent or unlawful manner;
- the Client’s Account is subject to any pending litigation, investigation or we perceive a risk of regulatory non-compliance associated with your Account;
- other circumstances not mentioned above, including, but not limited to, failure to fulfil or improper fulfilment of your obligations specified in the Terms or your inappropriate, abusive behaviour towards us, may also be considered by us as significant reasons, if they indicate that further provision of our Services to you would infringe our, our Clients’ or the public legitimate interests.
- Upon the termination of these Terms for whatever reason:
- all rights granted herein shall terminate immediately;
- each Party shall promptly return to the other Party, or destroy and certify the destruction of all confidential information to the other Party, if any (unless retention of such information is required by applicable laws or foreseen in these Terms or related documents);
- each Party shall remit in full all payments due to another Party according to these Terms accruing prior to the date of termination, and following such final payment, neither Party will be entitled to receive any payment from the other Party;
- any provision of these Terms that by its very nature or context is intended to survive any termination, cancellation or expiration hereof, shall so survive; and
- all other performance obligations of both Parties under these Terms shall cease.
- We shall not be held liable for consequences arising after we legally suspend or restrict the provision of our Services or refuse to complete, block or reverse a transaction initiated by you (even when funds are already debited), or terminate these Terms.
- Termination of the Terms shall not exempt you from the due discharge of all obligations to us arising before the date of termination.
- Transactions initiated under the Terms before their termination shall be completed in accordance with the provisions of the Terms applicable before their termination, unless otherwise agreed by you and us.
- The termination of the Terms shall also mean the closure of respective Account.
- You agree to indemnify the Company, its affiliated and related entities, and any of its officers, directors, employees and agents from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind (including, without limitation, costs, expenses, and reasonable attorneys’ fees) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises or relates to:
- your wrongful or improper use of the Services; or
- any other party’s access or use of the Services with your account information.
WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SERVICES WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES (AND OUR WEBSITE): WILL OPERATE ERROR-FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE, UNINTERRUPTED OR SECURE AT ANY PARTICULAR TIME OR LOCATION; ARE FREE FROM VIRUSES OR OTHER HARMFUL CONTENT. WE DO NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE SERVICES OR THROUGH OUR WEBSITE, AND WE WILL NOT BE A PARTY TO NOR MONITOR ANY INTERACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We are not liable for business losses. We only supply the Services for your private use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN. IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THE SERVICES EXCEED THE FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, Communications) that we provide in connection with your use of the Services. We will provide these Communications to you by posting them on our website, emailing them to you at the email address you provided, communicating to you via instant chat, or through other electronic communication such as text message or mobile push notification.
- You may withdraw your consent to receive Communications electronically at any time by following the unsubscribe instructions in the email/SMS or contacting us at [email protected] and requesting to opt out.
- Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you Service-related updates and notifications or respond to your enquiries or complaints, and similar communications in relation to the delivery of our Services to you under these Terms.
- You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our Services (Taxes). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority.
- We are not obliged to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. We make no representations in relation to tax liabilities and assume no tax liability for any Client, or for collecting, reporting, withholding or remitting any taxes arising from any Services that you may use.
- In case we are obliged under applicable law or voluntary decide to report to any competent authorities any information that is related with your tax obligations, you undertake to provide us with the requested documents, data and information.
- We agree to comply with our obligations under data protection laws.
- We implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
- You are obliged to inform us in writing immediately in case any information we hold about you is inaccurate or not up to date or you believe that any of the information about you is collected, used and stored by us in a manner not compliant with applicable laws.
- We undertake to store essential information related to entering into and the fulfilment of an order for our own needs for at least 10 (ten) years in durable media of our choice.
- On the other hand, in order to have proof of actions taken by you or by us in fulfilment of these Terms, you should save corresponding information and store it in durable media of your choice.
- We undertake to make appropriate efforts in accordance with usual practices in safekeeping information related to provision of the Services (including your data); however, we cannot guarantee total security of the information and data.
- Assignment - We may assign our rights and obligations, either in whole or in part, under these Terms. Your rights and obligations are personal to you, and therefore non-assignable.
- Entire Agreement - These Terms, together with the policies and procedures referred to herein, constitute the entire agreement in relation to your use of the Website and the Services.
- Severability -If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, then that provision shall be severable and will not affect the validity and enforceability of any remaining provisions.
- Force Majeure - We shall not be liable for delays, failure in performance or interruption of service which results from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
- Waivers -Our failure to assert any right or provision in these Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such or other term.
- Amendment - We may update or change these Terms from time to time by posting the amended Terms on our Website. Such updates or changes shall be effective at the time of posting. If you continue to use the Services after we provide notice of such changes, your continued use constitutes an acceptance of the amended Terms and an agreement to be bound by them. If you do not agree to the amended Terms, you must close your Account per the termination section of these Terms and discontinue your use of the Services.
- Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
- Governing Law and Jurisdiction - These terms are governed exclusively by English Law and the Parties agree to the exclusive jurisdiction of the English courts.
- Survival - The provisions of Sections 7 (Representations and Warranties), 15 (Indemnification), 16 (No Warranties), 17 (Limitation of Liability) and 22.8 (Governing Law and Jurisdiction) shall survive the termination of these Terms.