Terms and Conditions

TERMS OF USE/AGREEMENT

The terms of use (the “Agreement”) is between you (“your”) and EU Internet Ventures B.V. (“we”, “our”, “us”).

Please take a moment to read the Agreement carefully, as by accessing our website (the “Site“) and/or using any of the services we offer (the “Services”), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND WILL COMPLY FULLY WITH ALL THE TERMS CONTAINED IN THE AGREEMENT.

Our privacy policy (made available on the Site here) (the “Privacy Policy”) and cookie policy (made available on the Site here) (the “Cookie Policy”) are integral parts of the Agreement, and you agree to read, accept and be bound by them.

  1. ELIGIBILITY

By using the Services, you expressly represent and warrant that:

  • you are at least 18 years old;
  • you accept all the terms contained in the Agreement; and
  • you are in full compliance with the laws of your jurisdiction.
  1. RISK DISCLOSURE

The buying and selling of cryptocurrencies involve significant risks – you should never trade more than you can afford to lose.

Prices are highly volatile, and as a result of price fluctuations – you may increase or lose value in your assets at any time.

Further, there is no entity that controls and regulates cryptocurrencies. Rather, cryptocurrencies rely on decentralised blockchain technology to safeguard your assets and its movements. In the event of a crisis, there is no entity that will protect the cryptocurrency market to minimise your losses.

Trading cryptocurrencies also expose you to operational risks, including, for example, where you may suffer losses due to failure of hardware, software and Internet connections.

The above is a non-exhaustive list of the risks associated with the buying and selling of cryptocurrencies.

As such, you should carefully assess your financial situation, risk appetite, relevant experience and knowledge BEFORE you decide to purchase. You should also seek advice from an independent and suitably licensed financial advisor.

  1. PROVISION OF SERVICES

The Services allow you to buy from us Bitcoin (BTC) and any other cryptocurrencies, as may be updated by us from time to time (collectively and individually, “Cryptocurrency”) (the “Purchase”).

The Services allow you to sell to us Cryptocurrency in exchange for fiat money (the “Sale”).

Once we have identified and verified your identity, and authenticated your payment details, you may engage in the Purchase and Sale of Cryptocurrency, on a per-transaction basis, in exchange for AUD, USD, EUR, GBP or other fiat currencies, as may be updated by us from time to time (collectively and individually, “Fiat Money”).

No Guarantee of Payment Methods. The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us and limitations imposed by third party payment processors.

WE MAY AT ANY TIME AND IN OUR SOLE DISCRETION, REFUSE ANY ORDER OR TRANSACTION SUBMITTED VIA THE SERVICES, IMPOSE LIMITS ON THE TRANSACTION AMOUNT PERMITTED VIA THE SERVICES OR IMPOSE ANY OTHER CONDITIONS OR RESTRICTIONS UPON YOUR USE OF THE SERVICES WITHOUT PRIOR NOTICE.

Purchase Payments.  You understand and accept the following terms pertaining to Fiat Money payment you make to us in connection with your Purchase order:

  1. a payment may, in our sole discretion, not be accepted by us if it is made:
    • to a different beneficiary than specified in the payment instructions presented to you when you place your order; or
    • by a different person i.e. a person that is not you and who did not create your Purchase order.
  2. in the event the payment received into our bank account, net any applicable bank or administrative fees, is lower than the payment amount required to fulfil your Purchase order, we shall, in our sole discretion, either:
    • automatically update and fulfil the Purchase order in accordance with the payment amount net fees actually received and send a notification with the updated order; or
    • contact you to receive new instructions to amend or cancel your order.
  3. in the event the payment received into our bank account, net any applicable bank or administrative fees, is higher than the payment amount required to fulfil your Purchase order, we shall, in our sole discretion, either:
    • update your Purchase order according to the amount actually received, for amounts where the discrepancy is not more than AUD 1,000 (or its equivalent in other currencies), and send a notification to you about the updated order; or
    • contact you to receive new instructions to amend or cancel your order.

Sale Payments. You understand and accept the following terms pertaining to Cryptocurrency transfer you send to us in connection with your Sale order:

  1. a transfer may, in our sole discretion, not be accepted by us if it is made to a different company wallet address than specified in the transfer instructions presented to you when you place your order;
  2. in the event the transfer actually received into our wallet address, net any applicable fees, is lower than the transfer amount required to fulfil your Sale order, we shall, in our sole discretion, either:
    • automatically update and fulfil the Sale order in accordance with the transfer amount, net fees, actually received, and send a notification with the updated order; or
    • ask you to provide us with a newly generated, unused wallet address to which we will return the Cryptocurrency received; or
    • contact you to receive new instructions to amend or cancel your order.
  3. in the event the transfer received into our wallet address, net any applicable fees, is higher than the transfer amount required to fulfil your Sale order, we shall, in our sole discretion, either:
    • for any amount received that is higher by up to five percent (5%) than the transfer amount required to fulfil your Sale order, we may update your Sale order according to the amount actually received, and send you a notification about the updated order; or
    • for any amount received that is higher by more than five percent (5%) than the transfer amount required to fulfil your Sale order, we may ask you to provide us with a newly generated, unused wallet address to which we will return the excess Cryptocurrency; or
    • contact you to receive new instructions to amend or cancel your order.
  4. in the event you transfer Cryptocurrency to a different company wallet address than specified in the transfer instructions presented to you when you place your order, we shall have no liability whatsoever, including without limitation, having no obligation to complete the Sale order, no obligation to replace the Cryptocurrency, and no obligation to assist in tracking or recovering such erroneous transfer.

Cash Advance Fees for Credit Card Payments. Please note that if you use credit card to Purchase Cryptocurrency, your credit card provider may categorise the transaction as a cash advance. In such circumstances, cash advance fees and higher interest rates (for example, interest beginning to accrue as soon as the transaction is executed) may apply. Please switch to debit card payments or bank transfers to avoid unexpected fees.

  1. PRICE, AUTHORISATION & EXECUTION OF ORDER

Price & Exchange Rate. The price for Purchase and Sale of Cryptocurrency is comprised of the cryptocurrency market rate and our commission fee; additional fees may apply (the “Price”).

The Price may also be subject to exchange rate fees and the currency exchange rate is based on the Bloomberg CMPN Composite New York base rate.

Authorisation. By clicking the ‘Create Order’ button on the Site, you are authorising us to initiate the transaction and we will process it (subject to the completion of our KYC procedures and other inspections to our satisfaction) in accordance with the instructions we receive from you.

Preliminary Price, Final Price & Execution of Order. Please note that the initial Price displayed on the Site for Purchase or Sale of Cryptocurrency is a preliminary Price and merely indicative. This is due to the highly volatile nature of the price of cryptocurrency and the period of time that may be required for completing the transaction.

The final Price of your transaction (the “Final Price”) will be the Price which appears on the Site right before your order is executed (“Execution”). Until Execution, any order by you shall be considered as pending and not completed.

YOU REPRESENT AND WARRANT THAT YOU WILL CHECK AND VERIFY ALL TRANSACTION INFORMATION PRIOR TO SUBMITTING IT TO US AND THAT WE ARE NOT RESPONSIBLE FOR ENSURING THAT THE INFORMATION YOU HAVE PROVIDED TO US IS ACCURATE AND/OR COMPLETE.

Delivery. After Execution AND as soon as reasonably practicable:

  • in the case of your Purchase of Cryptocurrency – we shall deliver the Cryptocurrency to the wallet address you provided during the placement of your Purchase order. While we will attempt to transfer the Cryptocurrency as soon as we can, but please note that the transfer may take some time to be processed and if your wallet is on a third party exchange, we have no control over the processing times of such transfer.
  • in the case of your Sale of Cryptocurrency – we shall deliver the relevant Fiat Money using the payment details you provided during the placement of your Sale order.

We shall also provide you, either on the Site or via email, a transaction confirmation, detailing the Final Price and other particulars of the transaction (“Tax Invoice”).

  1. CANCELLATION OF ORDER

Cancellation Policy.  You acknowledge and agree that any transaction once marked as pending or complete cannot be cancelled, changed or reversed.

Unsuccessful Payments.  If your payment method is declined, whether due to insufficient funds or deemed unsuccessful for any other reason, we may:

  • cancel the transaction;
  • fulfil a portion of the transaction; or
  • debit alternative payment methods provided by you, in the amount necessary to complete a pending transaction.

If any fees applied on failed payment attempts 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:

  • the amount of Fiat Money that is transferred to you if the order is subsequently executed; or
  • the amount of Cryptocurrency that is returned to you if the order is declined and the Cryptocurrency is returned.

We may, at any time, deny processing any order or cancel any pending transaction, with immediate effect, for any reason, including but not limited to where:

  1. we are required to do so by law, regulation, competent court order, or other competent authority;
  2. we reasonably believe that we need to do so in order to protect our reputation;
  3. we consider the order or transaction to be in breach of the provisions contained in the Agreement, or applicable law or regulation or in conflict with our Risk Management Policy;
  4. we reasonably suspect the order or transaction involves illegal activity including money laundering, terrorist financing, fraud or any crime (financial or otherwise); or
  5. the order or transaction exceeds any limit which may apply to the number or volume of transactions in any given period, in accordance with our policies.

We may contact you to obtain additional files or submissions, obtain proof of current location, or other relevant information in attempts to avoid declining a transaction.  Your compliance with the information request does not guarantee that the transaction will be executed; EXECUTION OF ANY TRANSACTION SHALL BE AT OUT SOLE AND EXCLUSIVE DISCRETION.

  1. REFUND POLICY

Due to the irreversible nature of Cryptocurrency, we are unable to provide any refunds and all executed transactions are final.

  1. AMENDMENTS & TERMINATION OF THE AGREEMENT

Amendments. We may amend, modify, update and change any of the terms contained in the Agreement from time to time.

We will notify you of any amendment, modification, update and change by publishing a new version of the Agreement here, or by email. Any new version of the Agreement will take effect immediately upon publication on the Site, and your use of the Site and/or the Services after this period will be deemed to constitute your acceptance of the new version of the Agreement.

Termination by Us. We may, at any time, terminate the Agreement, with immediate effect, for any reason, including but not limited to where:

  1. we are required to do so by law, regulation, competent court order, or other competent authority;
  2. we reasonably believe that we need to do so in order to protect our reputation;
  3. we consider you to be in breach of the provisions contained in the Agreement, or applicable law or regulation or in conflict with our Anti-Fraud Policy;
  4. we reasonably suspect illegal activity including money laundering, terrorist financing, fraud or any crime (financial or otherwise);
  5. any of our third party service providers deny providing you the Services;
  6. force majeure events, including operational and technical errors occurs; and
  7. upon our request, you have failed to provide us with information, or the information provided does not meet our requirements.

Where termination of the Agreement is for reasons listed in A., C. or D., we reserve the right to:

  • cancel any outstanding or pending Purchase and/or Sale orders; and
  • withhold any Fiat Money which you have paid to us for the purchase of Cryptocurrency from us for which you have not received, or withhold any Cryptocurrency that you have transferred to us for the Sale of Cryptocurrency to us for any Fiat Money you have not received.

Termination by You.  You may, at any time, terminate the Agreement, with immediate effect, for any reason.

Upon termination of the Agreement, you shall:

  • stop using the Site and/or the Services;
  • pay us any Fiat Money which you owe to us;
  • transfer to us any Cryptocurrency which you owe to us.

Retaining or Erasing Information.  Following the termination of the Agreement, we may retain your personal information for as long as we have a business or tax need or as required under applicable laws; provided however, in cases where such a need or legal requirement does not exist, we shall erase and discard your data upon your written request, subject to the requirements of applicable data protection legislation.

  1. GENERAL OBLIGATIONS

You represent and warrant that you possess the legal authority to enter into the Agreement and to form a legally binding agreement; to use the Site and Services in accordance with the provisions contained in the Agreement; and to fully perform all your obligations therein.

You represent and warrant that your use of the Site and Services will be in compliance with all laws and regulations applicable to you based on your jurisdiction.

Know Your Customer (“KYC”), Anti-Money Laundering (“AML”) and Counter Terrorism Financing (“CTF”) Procedures. As part of our commitment to combating financial crimes, we have implemented procedures and systems aimed at allowing us to identify and mitigate the risks of our Site and Services being misused for illegal purposes. These include our KYC, AML and CTF procedures, which are based on our collection of information about customers, the assessment of risks associated with their activities, and the ongoing monitoring of transactions made by them. You can find our AML/CTF Policy here.

You represent and warrant that all information you provide is accurate and complete, and explicitly consent to the collection of additional information about you from third parties, including financial and credit institutions, governmental authorities and external databases.

Ownership of Your Wallet Address.  You represent and warrant to use and to provide us with a wallet address that is exclusively owned by you and is under your sole and full control, for the purpose of executing any transaction.

You acknowledge and agree that if your wallet is on a third party exchange, then that third party exchange’s terms of use and any other relevant policies, govern how and when Cryptocurrency will be transferred to your wallet. We are not liable if the third party exchange decides, for any reason, to delay, reverse, reject, cancel or otherwise prevent Cryptocurrency from being transferred to your wallet.

No Liability for Errors.  You represent and warrant that you are solely responsible and that we will not be liable for any error with respect to the instructions you provide to us, including inaccurate and/or incomplete wallet address and/or bank account information.

You represent and warrant that any Fiat Money and/or Cryptocurrency used by you in connection with the Services belongs to you and is derived from legal sources.

You represent and warrant that you will not use the Services to perform criminal or illegal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing and malicious hacking.

Safety & Security. You represent and warrant that we are not liable for damages, losses or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.

You represent and warrant to take all reasonable steps to protect your Cryptocurrency, wallet, account, computer, software, bank account, address and personal data against theft, fraud, hacking or any criminal or illegal activity.

Third Party Services & Websites. The Services may be available on and/or linked to through certain third party partner exchanges and third party service providers (collectively “Third Party Services”). Third Party Services are independent from the Services, and have their own separate terms of use, privacy policy and related agreements, and we encourage you to read them.

You acknowledge and agree that we neither endorse nor do we have control over any goods, services, content, advertisements, products, or any materials offered by Third Party Services; and that we shall not be liable for any damage or loss caused by or in connection with use of or reliance on Third Party Services.

9. ACCESS, AVAILABILITY & ACCURACY

Site and Services Access & Availability. Although we strive to provide you with a high standard of service, we cannot guarantee that the Site and Services will be available without interruption, secure, error-free or free from any digital attack.

Further, access to the Site and Services may become degraded or unavailable, especially during times of significant volatility or volume, and this could result in the inability to Purchase and Sell for periods of time. 

Site Accuracy & Changes. Although we strive to provide you with accurate and timely information on the Site, the content may not always be correct, complete or current and may include technical inaccuracies or typographical errors. As such, you should verify all content and information contained on the Site before relying on it.

In an effort to provide you with as complete and as precise information as possible – information may be changed or updated from time to time, without notice to you.

10. PERSONAL INFORMATION

We collect, process, transfer and store your personal information in accordance with our Privacy Policy. Accordingly, you represent and warrant that:

  • your disclosure to us of any personal information was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate and complete when disclosed; and
  • before providing personal information to us, you acknowledge that you have read and understood our Privacy Policy, a copy of which is available here.

Please note that we understand how important your privacy is and we are committed to protecting the security and confidentiality of the personal information you entrust to us.

11. THIRD PARTY PAYMENT PROCESSORS, CHARGEBACKS, REVERSALS.

We may use, share and transfer your personal information to third party payment processors to process payment in relation to your use of the Services and any transaction executed by you.

Further, we may use, share and transfer your personal information to other Third Party Services for the purpose of providing you with the Services or the improvement thereof, as well as for any KYC, AML or CTF procedures.

You acknowledge and agree that we may provide personal information and documentation about you.

If we reasonably believe that a fraudulent act was or is made by you, including 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 cease to provide the Services, terminate the Agreement, reverse or withhold any payment, and take any further action which we see as appropriate.

We 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 unauthorised use by any third party of credit/debit cards, irrespective of whether or not the credit/debit cards were reported stolen.

You acknowledge and agree that you will not make any chargebacks, and/or deny or reverse any payment or deposits that you have made.

12. LIMITATION OF LIABILITY & INDEMNIFICATION

Disclaimer of Warranties. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE SPECIFICALLY DISCLAIM AND YOU WAIVE, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL WE (OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, RELATED ENTITIES AND THIRD PARTY SERVICES) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND WHATSOVER, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE AND/OR SERVICES.

WITHOUT DEROGATING FROM ANY OTHER PROVISIONS IN THE AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR (OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, RELATED ENTITIES AND THIRD PARTY SERVICES) TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE AND/OR SERVICES EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU FOR THE PARTICULAR SERVICE THAT IS THE SUBJECT OF THE CLAIM OR CAUSE OF ACTION.

You acknowledge and agree that no claim or cause of action may be brought by you for breach of the Agreement more than one (1) year after the occurrence of such claim or cause of action.

You further acknowledge and agree that the limitation of liability is an essential and agreed allocation of risk constituting, in part, the consideration for the Service to you.

 Indemnity. You agree to protect, defend, indemnify and hold us (and any of our officers, directors, employees, agents, related entities and Third Party Services) harmless from any claims, demands, costs, expenses, losses, liabilities and damages arising from any breach by you of the terms of the Agreement, including any fraudulent, negligent or reckless act, omission or your misuse of the Site and/or Services.

13. INTELLECTUAL PROPERTY RIGHTS

The trademarks, trade names, service marks and logos and others used on the Site belong to us and its respective owners (third party exchange partners and service providers). The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to us and cannot not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated, without our prior written consent. The use of any content from the Site on any other site or a networked computer environment for any purpose is strictly prohibited.

  1. COMMUNICATIONS

Electronic Delivery of Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications“) that we provide in connection with your use of the Services. We will provide these Communications to you by posting them on our website, emailing them to you at the email address you provided, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.

Withdrawal of Your Consent. You may withdraw your consent to receive Communications electronically by following the unsubscribe instructions in the email/SMS or contacting us at [email protected] and requesting to opt out.

Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you service-related updates and notifications or respond to your enquiries or complaints, and similar communications.

  1. FEEDBACK, COMPLAINTS, DISPUTES & GOVERNING LAW

We are committed to providing a high standard of service. If you have any feedback, questions, or dissatisfied with the service you have received and wish to submit a complaint, please do so via email to [email protected].

Please provide us with the following details in order for us to be able to process your complaint expeditiously:

  • your name, email address, and any other information that we may need to identify you;
  • a clear description of your complaint;
  • details of what you would like us to do to resolve your complaint; and
  • any other relevant information and correspondence.

In the event of a dispute arising and relating to the Agreement, the parties shall first try to resolve it by contacting the other party directly in the attempt to reach an amicable resolution.

Governing Law and Jurisdiction. Any disputes and claims that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the courts in Netherlands and shall be governed by and construed in accordance with the laws of the Netherlands.

16. GENERAL

Taxes. It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the applicable tax authorities.

Assignment. We may assign our rights and obligation, either in whole or in part, under the Agreement. Your rights and obligations are personal to you, and therefore non-assignable.

Entire Agreement. The Agreement constitute the entire agreement in relation to your use of the Site and/or Services.

Severability. If any provision of the Agreement shall be deemed invalid, void, or for any reason unenforceable, then that provision shall be severable and will not affect the validity and enforceability of any remaining provisions.

Change of Control.  In the event that we are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from you, including any personal information, as part of such merger, acquisition, sale, or other change of control.

Force Majeure.  We shall not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

Enforcement of Our Rights. We may not always strictly enforce our rights under the Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.

Survival. All provisions contained in the Agreement, which by their nature extend beyond the expiration or termination of the Agreement, will continue to be binding and operate after the termination or expiration of the Agreement.

Language. The Agreement and any information or notifications that you or we are to provide should be in English. Any translation of the Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version shall prevail.