Terms of Service – Xcoins.com

Last Revised: 17 Jun 2021

CF Technologies Ltd, a Company, incorporated under the laws of Malta with the registered address at Phoenix Business Centre, The Penthouse, Old Railway Track, Santa Venera SVR9022, Malta, (“CF Technologies”, “we”, “our” or “us”) welcomes you (the “User(s)”, or “you”) to our website at: https://www.xcoins.com (the “Service”). You may use the Service (or any part thereof) only in accordance with the terms and conditions listed hereunder.

  1. Acceptance of the Terms
  2. The Service
  3. Registration and User Account
  4. User Representations and Undertakings
  5. Payment Transactions, Cancellation/Refunds, & Delivery Confirmation
  6. Allocation and Execution of Client Orders Policy and Price of the Digital Currency
  7. KYC, AML and CFT Policies
  8. Risks
  9. Use Restrictions
  10. Intellectual Property
  11. Minors
  12. Third-Party Services
  13. Privacy Policy
  14. Availability
  15. Changes to the Service
  16. Disclaimer and Warranties
  17. Limitation of Liability
  18. Indemnification and Setoff
  19. Amendments to the Terms
  20. Termination of your Account
  21. General
  22. Contact

1. Acceptance of the Terms

By entering, connecting to, accessing or using the Service, you acknowledge that you have read and understand the following Terms of Use including the Terms of our Privacy Policy at https://www.xcoins.com/en/privacy-policy (collectively, the “Terms”) and you agree to be bound by them and to comply with all the applicable laws and regulations regarding your use of the Service, and you acknowledge that these terms constitute a binding and enforceable legal contract between CF Technologies and you.

You further acknowledge that CF Technologies does not have an exchange platform, nor does it maintain any investment portfolios; is not associated with any third-party services or brokers; is not a payment services provider; does not accept deposits from users, does not hold user funds or keep a balance or credit in either fiat money or Digital Currency, nor does it act as a provider of a Wallet Service or provide any utility or function of a Digital Currency Wallet whatsoever.

The Service is not available for use by individuals who are under the age of eighteen (18) years old (see Section 11 below).

2. The Service

PLEASE READ CAREFULLY:

Upon successfully opening and registering your Account following the relevant verification process, you may be able to buy from us Bitcoin and/or any other digital currency that may be available for purchase on the Xcoins.com website, on a per-transaction basis in exchange for USD, EUR, or other fiat currencies as determined by us from time to time.

At our sole discretion, we may also elect to allow users to sell Bitcoin and/or any other digital currency to us in exchange for USD, EUR, or other fiat currencies as determined by us from time to time.

You may send and/or receive Fiat Money to and from CF Technologies through bank account wire transfers, credit/debit card payment, or a third- party processor. However, CF Technologies cannot guarantee that all such payment methods will always be available to you. The availability of each payment method depends on several factors, including but not limited to your location, the identification information you have provided, and certain limitations imposed by third party payment processors, if any.

3. Registration and User Account

In order to access and use the Service you must register and open a User account (the “Account”). You may only open one Account, and you acknowledge that multiple or linked accounts are not allowed. The Account is available to you only for your own use, and not for the use or access by any third party.

Registration can be done by completing the registration form available on the Service https://www.xcoins.com/en/signup. In order to perform a transaction and receive the Service, you will be required to provide us with current, accurate, authentic and complete information about you, which may include without limitations, your name, password, e-mail address, telephone number, your credit/debit card details, billing information, official proof of identity and address, and any additional required information in order to render the Service. It is clarified and you hereby accept and acknowledge that we will examine and verify the information provided by you, and that such evaluation will require a duration of time to be determined by us. You acknowledge that in order to conduct such examination and verification, we may perform inquiries, directly or indirectly through third party service providers in the attempt to prevent misidentification, fraud, suspicious activity, money laundering or any other forbidden activity, and may take actions with respect to the outcome of such inquiries, as we deem necessary. You hereby provide us with your authorization for such inquiries, including with respect to a query of your account information.

If we decide, in our sole discretion, to approve your account registration, then the applicable service will become available to you.

We may, at any time, and in its sole discretion, deny you the option to open an Account, limit the Account that you may establish and maintain, or suspend any transaction, pending our review of any information submitted by you.

By accepting these Terms, you represent that any and all information you provide us through the Service is true and accurate. Any false or fraudulent information will prohibit from the use of our Services.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER INTO, CONNECT TO, ACCESS OR USE THE SERVICE.

4. User Representations and Undertakings

Your use of the Service (or any part thereof) is dependent on the fact that you hereby represent and warrant that:

4.1
You are at least 18 years of age (or the legal age allowable in your country of residence and no younger than 18 years old).
4.2
The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject to.
4.3
You will not infringe or violate any of the Terms.
4.4
You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder. Your Account is for your personal use only, and not for the use or access by any third party. In any event, you are fully responsible for all acts or omissions of any third party accessing and/or using your Account.
4.5
You possess the knowledge and judgment necessary to decide whether to use the Service.
4.6
You are solely responsible for complying with applicable laws regarding use of the Service, or any other interaction and/or transaction you make through or in connection with the Service, including the determination of whether a transaction made through or following your use of the Service complies with the terms of the jurisdictions and laws applicable to you and all other parties of your engagement.
4.7
You will obtain appropriate professional advice (including legal, accounting, commercial and any other advice) to protect your interests before engaging in any matter in which you may benefit from such advice. You acknowledge that there is no professional relationship (including any attorney-client or advisor-advisee relationship) between you and CF Technologies and that you may not solely or fundamentally rely on any information, content or any features you find on or through the Service; and
4.8
Any risk related to the misuse of cryptocurrency delivered to your wallet in accordance with the terms of sale is your sole responsibility and The Service cannot be held responsible for any damages or loss as a result of the misuse of delivered funds.
4.9
You will not use the Services to perform criminal activity of any sort, including but not limited to, money laundering, financing of terrorism, or malicious hacking, as well as gambling operations. In addition, you warrant not to use methods to conceal the location from which you access the Site and that you will disclose to CF Technologies your accurate and true location.
4.10
You agree to receive promotional and/or informational emails from us to the email address you provided in your Account. Such emails will be cancelled upon your request using the unsubscribe option presented in any such email, when applicable.

5. Payment Transactions, Cancellation/Refunds, & Delivery Confirmation

5.1
You are fully responsible for paying all sums (whether Fiat Money or Digital Currency) owed to us by you. We reserve the right to withhold any payment which is to be made to you until we can properly identify and authenticate your identity and/or payment details (as applicable).
5.2
Delivery confirmation – You agree that a public blockchain delivery confirmation showing the date, time, wallet address, txid (transaction ID), and amount of cryptocurrency constitutes a valid and irrefutable confirmation that the order was delivered as specified, for all purposes. An example of a valid blockchain confirmation would be: https://www.blockchain.com/btc/tx/(YOUR-TRANSACTION-ID)
5.3
In accordance with CF Technologies’ Privacy Policy, we may use or transfer your information to any other third party service providers for the purpose of providing you with the Services under the Site, or the improvement thereof, as well as for any KYC and AML/CFT procedures, as described hereunder.
5.4
If we reasonably believe that a fraudulent act was or is made by you or in connection with your Account, including the use of stolen credit/debit cards or any other fraudulent activity (including any chargeback or other reversal of a payment), we reserve the right to close or suspend your Account, terminate the Terms of Use, and/or reverse or withhold any payment. CF Technologies shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity and may employ collection services to recover payments. We shall not be liable for any unauthorized use by any third party of credit/debit cards, irrespective of whether or not the credit/debit cards were reported stolen.
5.5
You further agree that you will not make or attempt to make any chargebacks, and/or deny or reverse any payment that you have made. You hereby agree that you will reimburse us for any chargebacks, denial or reversal of your payments and any loss suffered by us as a consequence of this. In any such event, we reserve the right to cease to provide the Services, terminate the Terms of Use, withhold payments to you, and take any further action which we may see as appropriate.
5.6
In connection with any Sale or Purchase, in the event that we transfer Fiat Money or Digital Currency to you that you are not properly authorized by this Agreement to receive or keep, we reserve the right to offset such amounts with Fiat Money and/or Digital Currency we receive from you in subsequent transaction(s), to the full extent permitted by law and/or this Agreement.
5.7
Any payment by CF Technologies to you, which includes refunds of payments to us, will be paid to you after a deduction of any applicable fees and/or transaction costs and expenses. These payments could be either Fiat Money or Digital Currency.
5.8
Cancellation / Refund Policy. You acknowledge that Executed transactions are non-cancellable, non-refundable, and you cannot change or reverse any transaction – whether completed or pending (including any order in which the Wallet Address has not yet been verified by you). Notwithstanding the above, CF Technologies, in its sole discretion, without any obligation whatsoever, may endeavour to comply with a request from you to cancel a transaction on your Account. Subject to the applicable laws and regulations, in the event CF Technologies cancels your Purchase order after having received Fiat Money from you with regards to such order, CF Technologies will refund such funds to you minus any costs or expenses incurred with regards to such refund, including without limitation any bank charges, currency exchange charges and/or payment processing charges. With respect to cancellation of your Sale order after having received Digital Currency from you, CF Technologies will credit you with such Digital Currency minus applicable transaction costs and expenses. Any return for a cancelled transaction shall be at an exchange rate determined in CF Technologies’ sole reasonable discretion.
5.9
Unsuccessful Payments. If your payment method is declined, whether due to insufficient funds or deemed unsuccessful for any other reason, you agree that CF Technologies, in its sole discretion, may: (i) cancel any applicable transaction; (ii) fulfil a portion of that transaction; or (iii) debit alternative payment methods provided by you, in the amount necessary to complete a pending transaction. In the event of termination of any transaction, CF Technologies will make reasonable efforts to provide you with notification of such termination. If any fees apply on failed bank-transfer attempts made by CF Technologies to you in the course of executing your Sale order, and such failure is reasonably attributed to an error by you, such fees shall be deducted from either (a) the amount of Fiat Money that is transferred to you if the order is subsequently executed; or (b) the amount of Digital Currency that is returned to you if the order is declined and the Digital Currency is returned.
5.10
Ownership of your Wallet Address. You guarantee to use and provide a Wallet Address owned exclusively by you and which is under your sole and full control, for the purpose of executing any transaction, including: (a) in a Purchase order, a Wallet Address to which we will transfer Digital Currency; (b) in a Sale order, a Wallet address (or Wallet Addresses) from which you will transfer Digital Currency to us and/or a Wallet Address to which we may return Digital Currency.
5.11
CF Technologies reserves the right to deny processing any order, or cancel any pending transaction if: required to do so by law, regulation, competent court order, or other competent authority; CF Technologies considers any such order or transaction to be in conflict with our Risk Management Policy and/or AML/CFT policy or as violating any provision of these Terms of Use, or applicable law or regulation; it exceeds any limit which may apply to the number or volume of transactions in any given period in accordance with Company’s policies, as may be amended from time to time, or any other applicable laws and regulations; or such transaction places CF Technologies’ operation, good name, or reputation at risk. In addition, we may contact you to obtain additional files or submissions, obtain proof of current location, or other relevant information in an attempt to avoid declining a transaction, although we are not required to do so, under any circumstances. Your compliance with any information request in connection with any transaction does not guarantee or require that such transaction will be executed; execution of any transaction shall be at our sole and exclusive discretion. Whenever we decline a transaction for any reason, we will transfer the Digital Currency or Fiat Money that we received from you back to the same wallet address or bank account we received the said Digital Currency or Fiat Money from.
5.12
The Company reserves the right to claim back any overdue payments in Fiat money or Digital Assets should the Company have erroneously processed in your favour

6. Allocation and Execution of Client Orders Policy and Price of the Digital Currency

The Allocation and Execution of Client Orders Policy outlines the process that CF Technologies Ltd follows when executing orders on behalf of its clients. This Best Execution Policy integrates the Company’s obligations under the VFA Framework and the implementing measures as transposed into national laws and regulations.

When executing orders, the Company is required to take all sufficient steps to consistently obtain the best possible result for it’s clients taking into account:

1. Price

2. Cost

3. Speed

4. Likelihood of Execution and Settlement

5. Size

6. Nature and/or any other consideration relevant to the execution of orders.

6.1 Allocation of Client Orders

The company will not combine client orders with the orders of the company itself.

Separate orders will be affected separating the company’s own transactions and the transactions executed on behalf of its clients.

Moreover, the company executes trades of client orders individually and in the order they are received, namely on a ‘first come, first served’ algorithm.

In the event of partial execution of trades, the ‘first come, first serve’ basis principle will also be applied.

In principle therefore, the Company does not envisage to aggregate its client’s orders for the execution of the Virtual Financial Assets.

6.2 Best Execution

The Company requires the consent of its clients, prior to the order execution. If you place an Order or transact business with us, you will be deemed to have consented to our Best Execution Policy and to the Terms of Service.

The Company executes Orders related to Virtual Financial Assets through its trading platform considering that such arrangement is suitable to allow them to obtain best execution for the Clients on a consistent basis.

When executing orders, the Company shall take all the necessary steps to obtain the best possible results for its clients, taking into account the best execution factors of the price, cost, speed, likelihood of execution and settlement, size, nature or any other consideration relevant to the execution of the order.

The Company understands that the best possible result for its clients shall be determined in terms of the total consideration, that is, the TOTAL PRICE when the client buys or sells the VFA, PLUS THE COSTS relating to the execution of the order.

These costs include the expenses incurred by the Client which are directly related to the execution of the order, including execution venue fees, clearing and settlement fees and any other fees paid to third parties involved in the execution of the order.

The fairness of the price proposed to the Client shall be assessed by gathering market data used in the estimation of the price of the particular virtual financial asset and, where possible, by comparing with similar or comparable virtual financial assets.

Whenever a Client places an order with specific instructions that cover each and every aspect of an order, the Company executes the order following those specific instructions. By doing so, the Company shall be deemed to have satisfied its Best Execution obligations.

The Company implements procedures and arrangements which provide for the prompt, fair and expeditious execution of Clients orders, relative to the other Client orders or the trading interests of the Company.

The Company establishes and implements effective execution arrangements to ensure compliance with the Allocation and Execution of Client Orders policy and allows the Company to obtain the best possible result for its Client orders. In doing so, the Company shall provide appropriate information to its Clients, clearly explained at their request, that it has executed their order in accordance with the Company’s Allocation and Execution of Client orders policy.

The Company shall be able to demonstrate to the MFSA, upon their request, that the policy and procedures are following the order execution Rules.

The Allocation and Execution of Client Orders policy may be updated from time to time. If we make significant changes to this policy, we will upload a notice together with the updated policy on the company’s website. However, it is advisable to regularly check this policy so as to ensure that you are aware of the most updated version of this Policy.

6.3 Price of the Digital Currency

The rate for Purchase and Sale of Digital Currency, as applicable, shall be determined in accordance with the price as displayed on the Site (the “Price”). The Price is comprised of the Digital Currency market rate and our commission fee; additional fees may apply on top of the Price. Changes to any applicable fees may be made at any time in our sole discretion; it is your obligation to verify applicable fees prior to engaging in any order or transaction.

Notwithstanding the above, you hereby understand and agree that the Price displayed on the Site for Purchase or Sale of the Digital Currency is only indicative (the “Indicative Price”), and the Indicative Price which appears on the Site upon your order may not be the final price or rate of your transaction. This is due to the highly volatile nature of the price of Digital Currency and the period of time that may be required for completing the transaction, as further detailed below.

The final price of your transaction (the “Final Price”) will be the Price that appears on the Site upon: (i) the processing of a credit/debit card Fiat Money payment in a Purchase order; (ii) our receipt of confirmation of payment from our bank, with respect to a Fiat Money payment made by you via bank wire transfer in a Purchase order; and (iii) the actual crediting of a Company Wallet Address designated by us for your Sale order, with respect to the Digital Currency credited by you to us in that Sale.

The above notwithstanding, you acknowledge that our performance of additional KYC and/or security validations (e.g. validating the order details with you) may take some time; and, the Final Price shall be the Price applicable upon the completion of our additional KYC and/or security validations.

You understand and agree that the Final Price may be either higher or lower than any other rate or price which was previously available on the Site, in accordance with value fluctuation which may occur, and that this may change either in your favour or in the Company’s favour and we have no control whatsoever on such change.

7. Know-Your-Customer (‘KYC’), Anti-money Laundering (“AML”) and Combatting the Financing of Terrorism (“CFT”)

7.1
We have procedures and systems aimed at allowing us to identify and mitigate the risk of our Site and Services being misused for illegal purposes. This forms part of our obligation and commitment to combat all potential financial crimes. Our KYC, AML and CFT policies and procedures form a major part of this.
7.2
If we have a suspicion that our relationship with you involves any risk of funding terrorism, money laundering or any other prohibited activity or crime, we may, at our discretion, refuse to accept you, or terminate you as one of our customers. We also hold the right to refuse to process a transaction or take any other action that we deem necessary, including reporting you and the transaction to the relevant authorities. We are not obligated to inform you of our actions, nor report on the reasons for them.
7.3
In order to adhere to our KYC, AML and CFT obligations, we may collect from yourself, or from external sources, information about you. This information will be kept and maintained in accordance with our Privacy Policy. Any information you give us in the use of this site must be correct, accurate and complete. By making use of this site (Xcoins), you explicitly consent to the collection of additional information about you. This content includes financial and credit institutions, governmental authorities and external data providers/databases.

8. RISKS

The trading of goods and products, real or virtual, as well as virtual (digital) currencies, involves significant risks. Prices can fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency, virtual or not, may be subject to large or sudden shifts in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market. You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial.

Digital Currency trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Digital Currency is a unique kind of currency, backed by technology and trust. There is no central bank or government regulator that can take corrective measures to protect the value of the Digital Currency in a crisis, issue more currency, or balance the price fluctuations.

Instead, Digital Currency is an autonomous and largely unregulated worldwide system of currency firms and individuals. Traders and market participants put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity. Thus, the value of Digital Currency may be derived from the continued willingness of market participants to exchange Fiat Currency for Digital Currency, which may result in the potential for the permanent and total loss of value of a particular Digital Currency should the market for that Digital Currency disappear.

Digital Currency trading may be susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse relative to demand and supply. For example, confidence in Digital Currency might collapse as a result of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems, for example, if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent transactions from settling.

Transactions in the Digital Currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.

Due to the nature of Digital Currency, any technological difficulties experienced by CF Technologies could prevent the access or use of a User’s Digital Currency.

The abovementioned is not a comprehensive list, there may be additional risks that we have not foreseen or identified in our Terms of Use. You should carefully assess whether your financial standing and tolerance for risk are suitable for buying, selling or trading Digital Currency.

CF Technologies uses banking providers in order to receive your funds and to make payments. Our banking providers do not transfer Digital Currency, exchange Digital Currency, or provide any services in connection with Digital Currency.

Markets for Digital Currency have varying degrees of liquidity. Some are quite liquid while others may be thinner or illiquid. CF Technologies does not guarantee any profit from trading or any other activity associated with the site.

IN LIGHT OF THE ABOVEMENTIONED RISKS, WHICH ARE NOT A COMPREHENSIVE LIST, YOU SHOULD CAREFULLY CONSIDER IF HOLDING DIGITAL CURRENCY IS SUITABLE FOR YOU, DEPENDING ON YOUR FINANCIAL CIRCUMSTANCES.

9. Use Restrictions

There are certain conducts which are strictly prohibited on and/or with respect to the Service. Please read the following restrictions carefully. Your failure to comply with the provisions hereunder may result (at CF Technologies sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability. You may not, whether by yourself or anyone on your behalf:

9.1
copy, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on the Service, including any information, material and data available on the Service (collectively, the “Content”) in any way, or publicly display, perform, or distribute the Content, without CF Technologies prior written consent;
9.2
copy, modify, create derivative works of, reverse engineer, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble the Service (or any part thereof), and/or permit others thereto;
9.3
make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without CF Technologies prior written consent;
9.4
create a browser or border environment around the Service and/or Content, link, including in-line linking, to elements on the Service, such as images, posters and videos, and/or frame or mirror any part of the Service, unless as expressly permitted hereunder;
9.5
impersonate any person or entity or provide false information on the Service, whether directly or indirectly;
9.6
falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that CF Technologies or any third party endorses you, your business, or any statement you make, or present false or inaccurate information about and/or through the Service;
9.9
transmit or otherwise make available in connection with the Service, and/or use the Service to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
9.8
interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
9.9
sell, license, or exploit for any commercial purposes any use of or access to the Content and/or Service;
9.10
use the Service for and/or in connection with any form of spam, unsolicited mail or similar conduct;
9.11
create a database by systematically downloading and storing all or any of the Content, or forward any data generated from the Service without the prior written consent of CF Technologies;
9.12
bypass any measures which may be used to prevent or restrict access to the Service and/or certain functionalities therein;
9.13
transfer or assign your Account’s log-in credentials, even temporarily, to a third party;
9.14
use the Content and/or the Service for any illegal, immoral or unauthorized purpose;
9.15
use the Service and/or the Content for non-personal or commercial purposes without CF Technologies prior express written authorization; or infringe or violate any of these Terms.

10. Intellectual Property

The Service (including the Site and Platform), the Content, CF Technologies proprietary software and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to CF Technologies, and are subject to copyright and other applicable intellectual property rights under Bulgaria laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human-readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to CF Technologies proprietary rights, including CF Technologies Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

“Xcoins.com” and all logos and other proprietary identifiers used by CF Technologies in connection with the Service (“CF Technologies Trademarks”) are all trademarks and/or trade names of CF Technologies, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or with respect to the Service, including on or in connection with the Exchange, belong to their respective owners (“Third Party Marks”). No right, license, or interest to CF Technologies Trademarks and/or to the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to CF Technologies Trademarks or the Third-Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.

You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of CF Technologies and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of CF Technologies marks and logos, whether registered or not.

11. Minors

You may use the Service only if you are at least eighteen (18) years old. If you are under the age of eighteen (18) or under the legal age to form a binding contract in the jurisdiction in which you are located, you may only use the Service under the supervision of a parent or legal guardian who has agreed to stand behind any agreement you enter into while using the Service, including these Terms. We reserve the right to require you at any stage to provide proof of age, and, if applicable, approval of your use of the Service by your parent or legal guardian, so that we can verify that only eligible Users are using the Service. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Service, we will prohibit and block such User from accessing the Service and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy at https://www.xcoins.com/en/privacy-policy with respect to such User.

12. Third-Party Services

The Service may be available on and/or linked to through certain third-party services (collectively, “Third Party Services”). Such Third-Party Services are independent from the Service. You hereby acknowledge that CF Technologies has no control over such Third-Party Services, and further acknowledge and agree that CF Technologies is not responsible for the availability of Third Party Services and does not endorse and is not responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third-Party Services.

You further acknowledge and agree that CF Technologies shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on or through any Third-Party Services. Most Third-Party Services provide legal documents, including terms of use and privacy policy, governing the use of each such Third-Party Services and Exchanges, their contents and services. We encourage you to read these legal documents carefully before using any such Third-Party Services.

12.1
We use third-party services and such third party’s affiliates services which enable you to place monetary deposits and perform the transfer of payments within our website by making use of your existing credit/debit card (as and if available and applicable) (the “Service” and the “Third Party Service Provider”). The Services do not include any additional service, and such third-party services do not include providing and/or depositing the applicable Cryptocurrency on your account.
12.2
We may share and transfer (including cross border transfer) Personal Information with the Third-Party Service Provider for the purpose of rendering the Services which will be made to our website via the use of your credit/debit card. The Personal Information will be shared with the Third-Party Service Provider after you elect to execute such monetary payments by using the Services of the Third-Party Service Provider. For the purpose of this section Personal Information shall include information that identifies or may identify you, including the information submitted by you through the registration form when you subscribe to the website such as your E-mail address, password, country and city and/or information provided through social websites or any other identifying information provided by you while using the services of our website.
12.3
In addition, we may transfer any Non-Personal Information provided by you through your use of the services on our website to the Third Party Service Provider in order to allow the Third Party Service Provider to perform preliminary examinations of Non-personal Information for the purpose of determining if you are qualified to use the services of such Third Party Service Provider (including the history of your transactions on the website which will be provided without any identifying information and solely for the purpose of performing the preliminary examinations).
12.4
By accepting these terms, you represent that any and all information you provide us is true and accurate. Any false or fraudulent information and/or use of the services rendered to you is prohibited.
12.5
You are not obligated by law to provide us and/or the Third-Party Service Provider with any Personal Information. You hereby acknowledge and agree that you are providing us and/or the Third-Party Service Provider with Personal Information at your own free will, for the purposes of rendering the Services.

13. Privacy Policy

We respect your privacy and are committed to protecting the information you share with us in connection with the Service. Our policy and practices and the type of information collected are described in our Privacy Policy at https://www.xcoins.com/en/privacypolicy If you intend to connect to, access or use the Service you must first read and agree to the Privacy Policy.

Moreover, CF Technologies uses cookies and similar technologies to collect information about the use of our website in order to make them function effectively and improve our website visitors’ experience when they browse into our website. Further details about Cookies are described in our Cookies Policy. If you intend to connect to, access or use the Service, you must first read and agree to the Cookies Policy.

14. Availability

The Service’s availability and functionality depend on a range of factors, such as communication networks, software, hardware, CF Technologies service providers and contractors, and such Third-Party Services carrying the Service. CF Technologies does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.

15. Changes to the Service

CF Technologies reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content available through the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that CF Technologies shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Service (or any part thereof).

16. Disclaimer and Warranties

CF TECHNOLOGIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICE (OR ANY PART THEREOF).

THE SERVICE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

CF TECHNOLOGIES AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “CF TECHNOLOGIES AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY CF TECHNOLOGIES.

CF TECHNOLOGIES DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED ON THE SERVICE OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE.

CF TECHNOLOGIES DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. CF TECHNOLOGIES MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE, INCLUDING THE TRANSFER OF ANY PAYMENT THROUGH THE SERVICE AND/OR YOUR USE OF ANY CRYPTOCURRENCY, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

17. Limitation of Liability

IN NO EVENT SHALL CF TECHNOLOGIES AND/OR ANY OF THE CF TECHNOLOGIES AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICE, USE OR INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF CF TECHNOLOGIES TO PERFORM UNDER THESE TERMS, AND OTHER ACT OR OMISSION OF CF TECHNOLOGIES BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS, THIRD-PARTY SERVICES AND/OR EXCHANGES.

NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH JURISDICTIONS.

SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR CF TECHNOLOGIES SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF CF TECHNOLOGIES AND/OR ANY CF TECHNOLOGIES AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.

18. Indemnification and Setoff

You agree to defend, indemnify and hold harmless CF Technologies and any CF Technologies Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising from: (i) your use of the Service (or any part thereof); (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Service, including without limitation any damage related to Cryptocurrency purchased and sold by you through an Exchange and in connection with the Service; (iv) your violation of any third party rights; and (v) any charge-back or cancellation of any monetary deposit or payment made by you through the Service.

In addition, you hereby agree that any payment to be made by you with respect to the Service which is not made by its due date shall bear interest thereon at the maximum rate permitted by law at the time payment is due, computed from the original due date until paid, and that you shall be liable to pay any payments or fees arising from such delinquent payments.

19. Amendments to the Terms

CF Technologies may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Policy at https://www.xcoins.com/en/privacypolicy Substantial changes of these Terms will be first notified on the Service and/or by sending you an e-mail regarding such changes to the e-mail address that is registered under your Account. Such substantial changes will take effect fourteen (14) days after such notice was provided on any of the above-mentioned methods. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Service after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.

20. Termination of your Account and Termination of Site’s Operation

At any time, CF Technologies may block your access to the Service and/or temporarily or permanently limit, suspend or terminate your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to CF Technologies under any applicable law. Such actions may be taken if CF Technologies deems that you have breached any of these Terms in any manner.

Additionally, CF Technologies may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that CF Technologies does not assume any responsibility nor liability with respect to, or in connection with the termination of the Service and/or loss of any data.

In addition, you hereby agree that any payment to be made by you with respect to the Service which is not made by its due date shall bear interest thereon at the maximum rate permitted by law at the time payment is due, computed from the original due date until paid, and that you shall be liable to pay any payments or fees arising from such delinquent payments.

21. General

21.1
These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between CF Technologies and you.
21.2
CF Technologies may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof without CF Technologies prior explicit and written consent will be null and void.
21.3
In addition, we may transfer any Non-Personal Information provided by you through your use of the services on our website to the Third Party Service Provider in order to allow the Third Party Service Provider to perform preliminary examinations of Non-personal Information for the purpose of determining if you are qualified to use the services of such Third Party Service Provider (including the history of your transactions on the website which will be provided without any identifying information and solely for the purpose of performing the preliminary examinations).
21.4
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
21.5
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
21.6
These Terms constitute the entire terms and conditions between you and CF Technologies relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between CF Technologies and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Service. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of CF Technologies in entering into these Terms.
21.7
The provisions of the User Representations and Undertakings, Use Restrictions, Intellectual Property, Third Party Services, Availability, Disclaimer and Warranties, Limitation of Liability, Indemnification and General Sections, will survive the termination or expiration of these Terms.
21.8
You and CF Technologies agree that any dispute arising and relating to these Terms of Use shall first be resolved by contacting the other party directly in the attempt to reach an amicable resolution. You and CF Technologies agree that any and all controversies and claims that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the competent courts located in Malta and shall be governed by the laws of Malta without giving effect to its principles or rules of conflict of laws, to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the application of the laws of another jurisdiction.

22. Contact

If you have any questions concerning the Terms or the Service, you are welcome to contact us at: [email protected] and we will make every effort to reply within a reasonable timeframe (typically within 1 hour).