BY ACCESSING OR USING THIS WEBSITE OR OTHER SERVICES THROUGH THE CREDITS PLATFORM, YOU AGREE TO BE BOUND BY THESE ToU AND ALL TERMS INCORPORATED BY REFERENCE.
VISITING, BROWSING AND REGISTRATION ON THIS WEBSITE AND THE PLATFORM MEANS CONSENT TO AND OBSERVATION OF ToU.
IF YOU DO NOT AGREE TO THESE ToU, DO NOT USE THIS WEBSITE, OUR PLATFORM AND/OR OUR SERVICES.
As used in these ToU, “CREDITS” refers to Wallet and Payments OÜ (registration number 14724865 in Estonia; licence FVT000086 for providing services of exchanging a virtual currency against a fiat currency and a virtual currency against a virtual currency as well as a virtual currency wallet service), CS Software Solutions Ltd (registration number 11422172, in the United Kingdom), Global Software Systems Ltd (registration number 2045439 in the British Virgin Islands) and other firms, organizations and teams that provide CREDITS services and are responsible for such services (hereinafter "Company", “CREDITS” or "We"). In case of a dispute, You shall determine the entities by which these terms are performed with You and the counterparties of the dispute, depending on the specific services You use and the particular actions that affect Your rights or interests.
In some instances, additional terms and conditions may apply to a service or product offered by CREDITS, such as for the use of payment services.
Depending on Your country of citizenship and/or residence, You may not be able to use all the functions of this Website or CREDITS Platform. It is Your responsibility to follow the Laws and regulations of Your country of citizenship/residence and/or country from which You access this Website and the Services, as well as other applicable Laws and regulations.
IMPORTANT: By creating or funding the Account or accessing or using the Platform or any of the Services (each as defined below), You acknowledge that You have read, understand, and completely agree to these ToU which constitute the Legal Agreement between You and CREDITS, as updated and amended from time to time. If You do not agree to be bound by this Agreement or by any subsequent amendments, changes or updates, You may not access or use any of the Services, and if You do access or use any of the Services, You will be bound by this Agreement, as updated and amended from time to time; Your only recourse in the case of your unwillingness to be bound by this Agreement is to stop using all of the Services.
CHANGES TO THESE ToU: CREDITS reserves the right to change or modify these ToU in its discretion at any time. CREDITS will notify such changes by updating the terms on its Website and modifying the last revised date displayed on this page. ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF CREDITS SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE ToU, YOU MUST STOP USING CREDITS SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE ToU TO ENSURE YOUR UNDERSTANDING OF THE ToU THAT CURRENTLY APPLY TO CREDITS SERVICES.
PLEASE READ THIS AGREEMENT BEFORE USING THE SERVICES.
This Agreement is between you (“You” or “User”) and CREDITS:
TERMS AND DEFINITIONS
In addition to the other terms defined elsewhere in this Agreement, the following terms shall have the meanings ascribed to them below:
“Account” means an account registered by the User on the Platform (including registered via mobile application).
“Business day” means any calendar day other than Saturday, Sunday or any other day on which credit institutions are closed in London (England and Wales) and/or Tallinn (Republic of Estonia).
“Confidential information” means information that you receive or learn as a result of using of the Services, or otherwise as a result of your access and use of the Platform, regardless of whether or not such information is designated as confidential, provided that such the information is not generally known to the public and/or openly published on the Website.
“Data” means all data and other information generated by or accessible through the Platform and/or otherwise provided to you by CREDITS hereunder, including, without limitation, information regarding orders, pricing, trading volume, trades, liquidity, etc.
“Digital assets” means digital currency and/or tokens that have no central issuer and are distributed directly between the owners of such currency and tokens, designed to work as a medium of exchange that use strong cryptography to secure transactions, control the creation of additional units, and verify the transfer of assets (e.g. BTC, ETH, LTC, CS Coin, etc.).
“Deposit” or “Depositing” means an operation involving a transfer of Funds to the User's Account.
“Fees” means any rewards, charges and/or commissions paid to CREDITS by the Users, which are established by CREDITS.
“Fiat money” means government-issued currency that is backed by the government and is designated as a legal tender on the legislative level in the country of issuance.
“Funds” means Fiat money and/or Digital assets, which are placed into the Account and used during the execution of Transactions.
“Governmental authority” means any national, state, provincial, county, municipal or local government, foreign or domestic, or the government of any political subdivision of any of the foregoing, or any entity, authority, agency, ministry or other similar body exercising executive, legislative, judicial, regulatory, or administrative authority or functions of or pertaining to government, including any authority or other entity established to perform any of such functions.
“Law” means all applicable laws, regulations, orders and rulings, interpretations and statements of policy of any Governmental authority, authority, agency or body, which in an appropriate case has jurisdiction over CREDITS , the User, or their operations.
“Order” means the User's offer on the Platform to buy, to sell or to exchange Digital assets on certain conditions.
“Person” means an individual or legal entity (partnership, corporation, limited liability company, joint stock company, etc.).
“Personal data” means information that identifies an individual, such as name, address, e-mail address, etc.
“Platform” means CREDITS’ Platform, designated for storage, purchase, sale, exchange, trading of Digital assets, accessible by User via the Website and/or mobile application and/or via other means, specifically created by CREDITS for that purpose (if applicable).
“Representatives” means a Person’s officers, directors, members, managers, employees, agents and/or any individuals authorized to act on behalf of the Person in the appropriate matters by Law, documents of the entity, power of attorney or similar document.
“Services” means all services and any service provided by CREDITS.
“Third-party provider” means a third-party software, information and/or technology provider, whose products, information or services might assist CREDITS in providing the Services to the User.
“Transaction” means a transaction of Funds entered into through the Platform.
“User” means any Person, who uses the Website, the Services and/or the Platform, is a holder of the Account and has agreed to these ToU.
“Website” means the website https://credits.com
“Withdrawal” or “Withdrawing” means an operation involving a transfer of Funds from the User's Account.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Where the words include(s), including or in particular are used in this Agreement, they are deemed to have the words "without limitation" following them.
CREDITS provides the following Services to the User:
a) access to https://credits.com;
b) access to the Account registered by the User on the Platform;
c) access to the Platform to store, buy, sell, trade and exchange the Digital assets;
d) information necessary to use the Platform and perform Transactions.
Based on this Agreement, CREDITS may also provide other services, which are defined in this Agreement or will be available on the Website or on the Platform.
CREDITS also reserves the right to choose markets and jurisdictions in which it operates, and may also restrict or refuse provision of the Services in certain countries if deemed necessary.
2. ELIGIBILITY AND ACCESS TO THE SERVICES
To use the Services, You represent and warrant that:
You are at least 18 years old and have the legal age of applicable jurisdiction;
You are a Person with full capacity and capability and sufficient authority to enter into this Agreement;
You are the legal owner (or duly authorized representative of the legal owner) of Funds deposited by you into Your Account used to receive the Services in connection with this Agreement, and these Funds must come from legal sources;
You are not providing CREDITS with misleading, untruthful or fraudulent information;
You were not previously prohibited or restricted in using our Services or Platform;
You have a computer or a mobile device with Internet or data services;
You are not a subject to any trade embargoes or economic sanctions of any country or organization;
You are not a US-citizen or a US-resident;
You are not in violation of any of the provisions of this Agreement or applicable Laws and regulations.
Also, You are not allowed to access or use the Services if You are a citizen or resident, or located, incorporated or otherwise have connections to or intend to make Transactions in the countries which are subject to the Sanctions and Anti-Money Laundering Act 2018 (Sanctions Act), those considered as high-risk countries by the FATF, countries that are subjects to sanctions, embargoes or similar measures (e.g. the EU and the UN sanctions, HMT, OFAC), countries that provide funding or support of terrorist activities or countries that have designated terrorist organizations operating within their territory, countries listed by the OFSI and various international sanction regimes which apply to CREDITS (hereinafter - “Forbidden Jurisdictions''). If CREDITS determines that You or Your Transactions are related to Forbidden Jurisdictions or that You have made false statements about Your incorporation, citizenship or residence, CREDITS reserves the right to immediately suspend your Account, freeze or lock the Digital Assets or Funds in your Account, suspend access to your Account without returning all paid Fees, with a right to charge Your Account for all outstanding Fees payable to CREDITS, and report to competent authorities.
You are also not allowed to access or use the Services if You do not meet any User due diligence/compliance standards, requests or requirements of CREDITS compliance staff. We inform You that submitting misleading/untruthful/fraudulent information or false documents (including fraudulent identification documents) is prohibited. In case if CREDITS doubts that the data is correct, up-to-date or complete, CREDITS is entitled to refuse the User’s access to the Services (all or part) and/or suspend with the right to permanently terminate the User’s Account.
3. CREATING AND ACCESSING YOUR ACCOUNT
Know-Your-Customer verification and due diligence:
To use the Services, You must create an Account and pass a Know-Your-Customer (KYC) verification and provide all requested information. If there is any reasonable doubt that the information You provide is incorrect, untruthful, outdated or incomplete, CREDITS is entitled to send You a notification requesting corrections, delete the relevant information directly and, depending on the circumstances, terminate Your access to all or part of the Services. You are solely responsible for any losses or expenses incurred while using CREDITS Services if you cannot be contacted through the email and/or via the address or phone number provided to CREDITS. By entering into this Agreement, you acknowledge and agree that you must update all the provided information in case of any changes by sending us an email to firstname.lastname@example.org or by using our Platform or by any other means that allow You to securely provide CREDITS with such information.
By registering the Account, as well as entering into this Agreement, You authorize CREDITS to send, directly or through third parties, requests CREDITS considers necessary to confirm Your identity or protect You and/or CREDITS from fraud or crimes, as well as to take measures CREDITS will reasonably find necessary based on the results of such requests.
Only one Account:
You may only register and create one Account and it may only be used by a Person, in whose name it was registered. Any attempt to create more than one Account will be considered as fraudulent behavior and You will be liable for any nature, as well as for damage caused to the CREDITS and/or third parties when using the Services. CREDITS reserves the right to temporarily restrict the use, freeze or close the Account if there are suspicions of the use thereof by a Person, who is not the Person, in whose name the Account was registered, unless otherwise agreed by the Parties in writing. You must immediately notify CREDITS of the unauthorized use of your username, password or any other attempts of unauthorized access to the Account if you suspect or become aware of such unauthorized use.
Username and password:
You yourself must set your username and password during registration of the Account. You can also change the password at any time after completing the registration procedure. You agree that your Account Information is confidential and You will not disclose such information to third parties. You also agree that You are solely responsible for taking necessary security measures to protect Your Account and Your Account Information and consequences of non-compliance with such measures.
You must ensure security measures and safety of the password and other Account credentials to prevent disclosure thereof to third parties; wherein, You independently determine the best procedure for storing such information and data and also take measures to prevent illegal or unauthorized disclosure and use thereof. Any loss or compromise of Your electronic device or Your security details may result in unauthorized access to Your Account by third parties and the loss or theft of any Digital Assets held in Your Account.
You must always keep Your security details safe and never allow remote access or share Your computer screen with someone else when You are logged on to the Account. CREDITS will never under any circumstances ask you for Your password, or two-factor authentication codes or to share screen or otherwise seek to gain access to Your device or Account. You should not provide any details to any third party for the purposes of remotely accessing Your Account unless specifically authorized.
You agree that you will immediately notify CREDITS if you become aware of any unauthorized use of your Account Information by any Person, as well as any other breach of the security rules; strictly comply with the mechanisms and procedures in force on the Website and the Platform concerning the security rules, identity verification, Depositing, Withdrawal, Transactions of Funds; and perform the appropriate actions to exit the Website and the Platform at the end of each visit.
By entering into this Agreement You will also receive a license to use the CS Crypto Wallet for storage of your Digital Assets. The CS Crypto Wallet is licensed to you without charge. You should only use the CS Crypto Wallet if you are familiar with the Digital Assets. CREDITS does not store its Users' private keys, backup phrases or passwords (hereinafter - “Private Information”). It is very important that You backup Your Private Information. If You lose Your Private Information then it will not be possible for CREDITS to recover it for You and You may lose access to Your Digital Assets.
Your responsibility is to ensure security and constant control over any of Your devices or Account.
You are responsible for all actions performed with your Account and You assume all risks of any authorized or unauthorized access to your Account. You hereby authorize CREDITS to accept, execute and rely on any instructions, orders, permissions and any other actions made, provided or taken by any Person who has gained access to Your Account or used it, regardless of whether the access is allowed or not authorized by You.
You undertake to monitor all and any changes on Your account and immediately inform Us about any unusual, suspicious, unclear or abnormal changes on Your Account or any other breach of security. Otherwise You will be responsible for any loss or damage You, CREDITS or/and third parties may incur as a result.
CREDITS has the full right and without consequences for itself to close Your Account or block any Funds and Transactions without returning commissions, payments or other Fees. At the same time, CREDITS has the right to withhold your Funds on your Account if you own Funds to CREDITS. By using the Services, You provide CREDITS with Your full and irrevocable consent.
Blockchain transactions :
Since blockchain is an independent public peer-to-peer network and is not controlled in any way or manner by CREDITS, CREDITS shall not be responsible for any failure and/or mistake and/or error and/or breach which shall occur in blockchain or in any other networks in which the Digital Assets are being issued and/or traded. You will be bound and subject to any change and/or amendments in the blockchain system and subject to any applicable Law which may apply to the blockchain. We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the blockchain functionality nor for any breach of security in the blockchain.
ANTI-MONEY LAUNDERING, COUNTERING FINANCING OF TERRORISM AND KYC POLICY
CREDITS takes all necessary measures and uses the best standards to comply with all the applicable Laws and regulations regarding combating Money Laundering and Financing of Terrorism. CREDITS will use reasonable efforts to detect and prevent Persons involved in any criminal activity in any jurisdiction from using the Website and the Platform.
In order to avoid and reduce possible risks of involving CREDITS in any type of illegal activity, CREDITS is acting in accordance with its AML/CFT & KYC Policy.
The AML/CFT & KYC Policy of CREDITS in particular covers the following matters: verification procedures, monitoring and risk assessment, internal controls, compliance officer, training of staff.
If CREDITS has reasons to believe that the User wishes to perform any suspicious transaction, CREDITS may, at its discretion: refuse provision of the Services; request additional information confirming the legitimate nature of the transaction; block the User’s access to his Account; terminate the Agreement without prior notice to the User, report to the competent authorities.
By agreeing to this Agreement, You confirm that You own Fiat money and/or Digital assets legally.
For Services provided on the Website and/or the Platform CREDITS applies the appropriate Fees. You irrevocably authorize CREDITS to charge (debit) applicable Fees from your Account. CREDITS may, at its discretion, update the Fees at any time. Any updated Fees will apply to any Transactions that occur following the effective date of the updated Fees.
6. RESTRICTIONS AND INTELLECTUAL PROPERTY RIGHTS
You undertake not to use the Services to perform criminal activity and/or any sort of offenses, including but not limited to, money laundering, illegal operations, unregulated activities, financing terrorist organizations, or malicious hacking. Your use of CREDITS services should not violate public interests, public morals, or the legitimate interests of any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using CREDITS services.
You agree not to use the Services for market manipulation.
These ToU only grant a limited license to access and use CREDITS Services. Therefore, you hereby agree that when You use CREDITS Services, CREDITS does not transfer CREDITS Services or the ownership of intellectual property rights of any CREDITS intellectual property to You or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including HTML code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the Services or provided by CREDITS are exclusively owned, controlled and/or licensed by CREDITS or its licensors.
Without prior written consent from CREDITS, the following commercial uses of CREDITS data are prohibited:
1) Trading services that make use of CREDITS quotes or market bulletin board information.
2) Data feeding or streaming services that make use of any market data of CREDITS.
3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from CREDITS.
Without prior written consent from CREDITS, You may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
You may not use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of CREDITS Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through CREDITS Services; attempt to access any part or function of the properties without authorization, or connect to CREDITS Services or any CREDITS servers or any other systems or networks of any CREDITS Services provided through the services by hacking, password mining or any other unlawful or prohibited means; probe, scan or test the vulnerabilities of CREDITS Services or any network connected to the properties, or violate any security or authentication measures on CREDITS Services or any network connected to CREDITS Services; reverse look-up, track or seek to track any information of any other Users or visitors of CREDITS Services; take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of CREDITS Services or CREDITS, or the infrastructure of any systems or networks connected to CREDITS services; use any devices, software or routine programs to interfere with the normal operation of CREDITS Services or any transactions on CREDITS Services, or any other person’s use of CREDITS Services; forge headers, impersonate, or otherwise manipulate identification, to disguise Your identity or the origin of any messages or transmissions you send to CREDITS, or use CREDITS Services in an illegal way.
Our CS Crypto Wallet contains libraries developed by third parties. CREDITS may provide third party libraries to You as part of the CS Crypto Wallet solution but CREDITS shall not be considered to be the owner or licensor of the third-party libraries. Please refer to and respect the relevant third party library licenses.
You are responsible for any and all damages caused and all liability actions brought against CREDITS for infringement of any third party rights or violation of any applicable Laws and these ToU.
7. THIRD PARTY HYPERLINKS
Under no circumstances You should create hyperlinks when using CREDITS Services to any third party pages without the prior consent of CREDITS. If You create a link to any of third-party websites, You acknowledge that You are responsible for all direct or indirect consequences of the placement of such a link and shall compensate CREDITS without delay for all losses, liability, costs or expenses incurred in connection with the placement of such links.
8. NO LEGAL, TAX OR FINANCIAL ADVICE
CREDITS does not provide any legal, tax or financial advice to its Users. CREDITS makes no representations concerning the tax implications of the possession or use of Your Account and/or the Services. You bear the sole responsibility to determine if the usage of the Services over time has tax implications for You in any jurisdiction. By using CREDITS Services, and to the extent permitted by Law, You agree not to hold Company liable for any tax liability associated with or arising from Your use of the Services.
CREDITS is not Your broker, intermediary or agent, or advisor and has no fiduciary relationship or obligation to You in connection with any Transactions or other decisions or activities undertaken by You using CREDITS Services. No communication or information provided to you by CREDITS is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these ToU, all Transactions are executed automatically, based on the parameters of Your order instructions and You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for You according to Your personal investment objectives, financial situation and risk tolerance, and You shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. CREDITS does not recommend that any Digital Asset should be bought, earned, sold, or held by You. CREDITS will not be held responsible for the decisions You make to buy, sell, or hold Digital Assets based on the information provided by CREDITS.
9. RISK DISCLOSURE
We prefer to warn You that the trading of Digital Assets involves significant risks, and You specifically agree to assume the risks set out in this Disclosure as well as other risks not set out herein which are inherent to online trading and Digital Asset speculation.
You agree to assume the following risks and acknowledge and agree that CREDITS shall not be responsible for or otherwise liable for any direct or indirect loss or damage of any kind whatsoever arising directly or indirectly from the occurrence in full or in part of any and all of the following risk events:
There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market. Since cryptocurrencies markets are decentralized and non-regulated, CREDITS trading services are unregulated services which are not governed by any specific European regulatory framework (including The Markets in Financial Instruments Directive). This means that there is no Central Bank that can take corrective measures to protect the value of Digital Assets in a crisis or issue more Digital Assets. Therefore, when CREDITS Users are using its Services, they will not benefit from the protections available to Users receiving regulated investment services for dispute resolution.
Automated and online-based trading:
While trading on CREDITS Website or Platform, system errors might occur. You should be aware of the risks that may result from any system failure which could mean that Your order may be delayed or fail. You acknowledge that there are risks associated with utilizing an online-based trading system including, but not limited to, the failure of hardware, software, and internet connections, the risk of malicious software introduction, the risk that third parties may obtain unauthorized access to information and/or assets stored on your behalf, cyber-attack, the cryptocurrency network failure (such as blockchain), computer viruses, communication failures, disruptions, errors, distortions or delays You may experience when trading, howsoever caused, spyware, scareware, trojan horses, worms or other malware that may affect Your computer or other equipment, or any phishing, spoofing or other attacks. You should also be aware that SMS and email communications are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from CREDITS.
An order may be incomplete and incorrect, “limit orders” and “stop orders” may not be (and are not guaranteed) executable at the price or amount specified by the User. Orders may be canceled at CREDITS’ discretion or for any other reason. The User or a third party (including a Financial or Payment Institution or a hacker) may send Digital Assets to the wrong crypto wallet address during the Transaction in CREDITS Account. The User may inadvertently or because of a system or human error place an order for the wrong Digital Asset resulting in an unwanted order. The User may be prevented from sending an order or email may not be received by CREDITS, due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues). The Transaction request or email to CREDITS may be lost, intercepted or altered during transmission. An order may not be placed completely, or may be placed at the wrong price or may suffer an unexpected delay for any of a variety of reasons. CREDITS may refuse to act upon any instruction from a User if CREDITS reasonably believes that the Transaction, pursuant to the instruction submitted, will be in violation of e.g. market rules and practice, and/or applicable Law, including, but not limited to, legislation on Anti-Money-Laundering and insider trading.
Execution of orders:
It is possible that the market price could have changed between order placement and execution time, and therefore CREDITS cannot guarantee that the requested price will correspond to the execution price, the execution price can be in your favor or against You. In addition, there are general risks associated with trading systems including, but not limited to, software and hardware failure and Internet disconnection.
Reliance on information:
There may be errors or omissions on the reporting module or otherwise delay, inaccuracy, error, interruption or omissions in providing market quotations or other information provided on the Website or the Platform on which You might rely when submitting an order. If You make investment decisions based on the information available on CREDITS Website or Platform, you do so at your own risk. Any past performance of CREDITS Users, risk scores, statistics, and any other information with respect to Users appearing on CREDITS Website or Platform are not indicative of future results and do not guarantee future performance. When reviewing portfolio, financial performance information, opinions or advice of another registered User, You should not assume that the User is unbiased, independent or qualified to provide financial information or opinions. CREDITS does not guarantee nor takes any responsibility for it.
Exceptional market conditions:
Exceptional market conditions, force majeure events, and similar events can cause delays or disruption of CREDITS Services.
The features, functions, characteristics, operation, use and other properties of any Digital Asset and the software, networks, protocols, systems, and other technology, including, if applicable, any blockchain (Underlying Technology) used to administer, create, issue, transfer, cancel, use or transact in any Digital Asset may be complex, technical or difficult to understand or evaluate, and CREDITS has no obligation to provide individual advice or information in respect of any Digital Asset, its Properties or Underlying Technology. Any Digital Asset and its Underlying Technology may be vulnerable to attacks on the security, integrity or operations of a Digital Asset or its Underlying Technology, including attacks using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology. Any Digital Asset, its Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an attack. These changes may include, without limitation, a “fork” or “rollback” of a Token or blockchain. Any Digital Asset may be canceled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, attacks, changes to Digital Asset Properties or failure of the Digital Asset to operate as intended.
CREDITS may suspend or cease to support the transfer, storage or trading of any Digital Asset at any time at CREDITS’ discretion. Other exchanges and service providers may do the same. CREDITS may suspend or reject orders, suspend or cease support for Digital Assets, or suspend or terminate the User’s access to the services to comply with applicable Laws or regulations or order from Law enforcement or other governmental authority, for other reasons as specified in these ToU or otherwise at CREDITS discretion.
You may be unable to withdraw Digital Assets prior to CREDITS ceasing to support a transfer of any such Digital Asset, resulting in the loss of any such Digital Asset remaining in the User’s CREDITS Account.
Any Digital Asset may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Digital Asset Properties or perceived value of Digital Asset Properties, attacks, suspension or cessation of support for a Digital Asset by CREDITS or other exchanges or service providers, and other factors outside the control of CREDITS. Any Digital Asset may decrease in value or lose all of its value due to legislative or regulatory activity, or other government.
Delisting policy and unsupported Digital Assets:
If at any time any of the Digital Assets that form the subject of Your order is delisted and/or We no longer support the trading in such Digital Asset for any reason, then the applicable order will be immediately closed. If CREDITS is notified that a Digital Asset you hold in Your Account is likely to be delisted and/or removed and/or canceled from any of the exchanges (some of them or all) and CREDITS believes that it shall not be able to trade in such Digital Assets, CREDITS shall make an effort to sell this Digital Asset on your behalf at such time and price, and in such manner, as it determines appropriate.
We may elect to execute any order and/or hold any Fiat money and Digital Assets via third parties. Such third parties are not banks that hold their fiat money/virtual currency as a deposit. If any such third party loses any money, fails or goes out of business, there is no specific legal protection that covers you for losses arising from any Funds you may have held with such third party, even when such party is registered with national authority. Depending on the structure and security of the digital wallet, some may be vulnerable to hacks, resulting in the theft of virtual currency or loss of customer assets. CREDITS will not be responsible in the event of losses caused by those third parties.
k) Digital wallet:
With regards to the use of CS Crypto Wallet (digital wallet), CREDITS specifically disclaims and shall have no liability for the following risks: operating system failures; interactions between Your hardware, software and the CS Crypto Wallet; cloud backup software (e.g. certain Android distributions) may upload Your Private Information to third party services; malware, viruses or other malicious software on Your device that is able to take control of or interfere with the CS Crypto Wallet; communication delays between Your CS Crypto Wallet and a corresponding blockchain node of Your choice or relay service for a Digital Asset (and vice versa); failure to achieve a certain market value/price for a Digital Asset, whether through a third-party service or any other kind of transaction; theft of Digital Asset.
10. REFUND POLICY
Under CREDITS Refund Policy, a refund to the User may be allowed when Fiat money destined to purchase Digital Assets on the Platform was not credited to the User Account after completion of the Transaction but somehow remained in the possession of CREDITS due to technical reasons or as a result of an error. This Policy applies exclusively to the User’s deposited Fiat money, and it does not refer to any refunds of Transactions submitted to or executed on the Platform. Every refund request is treated by CREDITS with reasonable care.
If the refund request is eligible and approved by CREDITS, the Fiat money will be returned to the User through the same payment method and to the same credit/debit card, bank account or another wallet from which the Fiat money was originally received.
To apply for a refund, the User must complete the refund request and send it to CREDITS at email@example.com. The request must contain the following details:
User name and email address;
Amount and currency of requested refund;
Reason and description of the request.
If the User does not provide the necessary information in the request, including the reason and justification for the refund, or if the User has already used the credited Fiat money for trading or other Services, CREDITS has the right to decline such refund request without further consideration.
To prevent prohibited and unlawful conduct, all payments and information related to a refund request may be additionally verified by CREDITS. As such, CREDITS may request the User to provide additional documents, including, but not limited to, identification documents, copy of the User’s invoice or/and any other proof of the fact that disputed payment was made. In case if the User fails to provide appropriate documents or information within five (5) business days upon CREDITS’ request or in case of any doubts as to the authenticity of provided documents, CREDITS shall be entitled to decline the User’s refund request or extend this period for the User on the basis of valid reasons provided CREDITS. The validity of the reasons is determined by CREDITS at its discretion.
Within seven (7) business days from the date of receipt of the refund request, CREDITS shall contact the User to request additional information and / or documentation, and the User must provide this information as soon as possible, but in any case, no later than five (5) business days after such a request.
CREDITS will notify the User by email of its final decision regarding the refund request within seven (7) business days after receiving the last requested additional document or information, or within three (3) business days after receiving and considering a refund request if additional information or document are not required.
A refund will be processed without undue delay, and in any event within seven (7) business days beginning with the day on which CREDITS agrees that the User is entitled to a refund. The processing of a refund request can take from three (3) to seven (7) business days, excluding delays caused by the bank or a payment provider.
Note: This section does not affect any rights and/or claims, which the User may have against the bank, credit card company or any financial institution or payment provider.
Prior to making a chargeback request with Your issuing bank or a credit card company, You need to contact CREDITS to try to resolve a problem or issue related to Your previously approved Transaction. Any attempt to request a chargeback without contacting CREDITS may be considered as a breach of these ToU. CREDITS will investigate any chargeback requests made by its Users and will inform the User’s issuing bank or a credit card company that a Service or Transaction has been canceled. If We receive a chargeback amount for a User’s Transaction, We reserve the rights to hold this chargeback amount from the User’s Account balance for the period of investigation and the dispute cycle of the payment system. We will credit the outstanding chargeback amount to the User’s Account after completing this process and charging all applicable Fees.
Refunds in excess of the original transaction amount are prohibited for any payment method.
If CREDITS have grounds to suspect that the origins of the User’s Fiat money and/or User’s activities are contrary to CREDITS AML/KYC Policy, CREDITS reserve unilateral rights to refuse provision of the Services; request additional information confirming the legitimate nature of the transaction; block the User’s access to his Account; terminate the Agreement without prior notice to the User, report to the competent authorities.
11. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CREDITS SERVICES, CREDITS MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF CREDITS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND CREDITS EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, CREDITS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CREDITS SERVICES OR CREDITS MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREDITS DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF CREDITS SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT CREDITS WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY CREDITS AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY CREDITS; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY CREDITS.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
12. DISCLAIMER OF DAMAGES AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CREDITS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF CREDITS SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF CREDITS SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF CREDITS AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF CREDITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF CREDITS’ GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF CREDITS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF CREDITS AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF CREDITS SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO CREDITS UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
13. TERMINATION OF AGREEMENT
If CREDITS is informed that any Digital Assets or Funds held in your Account are stolen or otherwise are not lawfully possessed by You, CREDITS may place a hold on your Account. You agree that CREDITS will have no liability or responsibility for any such hold, or for Your inability to withdraw Digital Assets or Funds or execute Transactions during the period of any such hold.
Unless CREDITS has to maintain full custody of Your Digital Assets and User data which may be turned over to the governmental authorities in the event of the Account’s suspension/closure arising from fraud investigations, investigations of violation of Law or violation of these ToU, when You request to cancel Your Account, all remaining Account balance (which includes charges and liabilities owned to CREDITS) will be payable immediately to CREDITS. Upon payment of all outstanding charges to CREDITS (if any), You will have 10 business days to withdraw all Digital Assets or Funds from Your Account.
Should Your CREDITS Account be terminated, the Account and transactional information that meet data retention requirements will be securely stored for 5 years or for 7 years for the Users of our Card Programm Services.
These ToU and the relationship of the parties regarding the Services will be governed by and construed in accordance with the Laws of the British Virgin Islands without reference to conflict of law or choice of provisions of the law, and the parties unconditionally submit to the exclusive jurisdiction of the courts of the British Virgin Islands to resolve any dispute (including claim procedure, lawsuit) regarding these ToU.
You can use our Services only if You can lawfully enter into this Agreement with CREDITS under applicable Law. If You use CREDITS Services, you agree to do so in compliance with ToU and with applicable Laws and regulations. You are solely responsible for understanding and complying with any and all Laws, rules and regulations of Your specific jurisdiction that may be applicable to You in connection with the use of any and all Services.
CREDITS is not an agent of You in the performance of these ToU. These ToU shall not be interpreted as facts or evidence of an association, join venture, partnership, or franchise between the parties.
These ToU, as well as any other additions, attachments, changes, conditions or documents included in this document, constitute the entire Agreement between the parties and constitute a public offer agreement. In the event of a conflict between the provisions of these ToU or any other additions, conditions and documents, the provisions of these ToU shall prevail to the extent that such a contradiction exists.
These ToU supersede all prior and contemporaneous understandings between the parties regarding CREDITS Services.
You may not assign or transfer any of Your rights or obligations under these ToU without prior written consent of CREDITS, including any right or obligation related to the enforcement of Laws or the change of control. We may assign or transfer any or all of its rights or obligations under these ToU, in whole or in part, without obtaining Your consent or approval.
If any portion of these ToU is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these ToU, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
These ToU are made in English and the English version of the ToU prevails over any other version translated into any other language, which may be provided by us to You for convenience purposes.
CREDITS party shall be liable for any inaccuracy, error, delay in, or omission of the transmission or delivery of information or any loss or damage arising from any Force-Majeure (any cause or condition beyond CREDITS’ reasonable control).