TERMS & CONDITIONS
CETHEREUM USER AGREEMENT (this “Agreement”)
This Agreement shall be effective starting on August 3, 2019
* Last updated: August 3, 2019
CETHEREUM USER AGREEMENT
This Agreement, the Site and the Cethereum Services are for customers who are based in Canada. This is a contract between you and Cethereum Technologies Inc., a company incorporated under the federal laws of Canada, having a corporation number of 1148880-5 and whose registered office is located at 1178 West Pender Street, Vancouver, British Columbia, Canada, V6E 2R9 References in this Agreement to "Cethereum", "we", "our" or "us", are to Cethereum Technologies Inc. and references to "you" or "your" are to the person with whom Cethereum enters into this Agreement.
By registering for an account on Cethereum.com or any of our associated websites, APIs, or mobile applications (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy.
We refer to the services described and defined below, collectively as the Cethereum Services.
AS WITH ANY ASSET, THE VALUE OF DIGITAL CURRENCIES CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU LOSE MONEY BUYING AND SELLING DIGITAL CURRENCIES. YOU SHOULD CAREFULLY CONSIDER WHETHER BUYING AND SELLING DIGITAL CURRENCIES IS SUITABLE FOR YOU IN LIGHT OF
YOUR FINANCIAL CONDITION
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1. ELIGIBILITY
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To be eligible to use any of the Cethereum Services, you must be at least 18 years old and reside in Canada.
2. DIGITAL CURRENCY SERVICES
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2.1 Digital Currency Services.
The following services (the "Digital Currency Services") may be provided to you by Cethereum:
A. one or more hosted digital currency wallets enabling you to store, track, transfer, and manage your balances of certain supported digital currencies like Ethereum (the "Cethereum Wallet" and "Digital Currency" respectively); and
B. a Digital Currency exchange service enabling you to obtain prices for your purchases and sales of Digital Currencies, and (subject to certain restrictions) carry out any such purchases or sales on the Site.
2.2 Fees. A full list of fees for Cethereum Services can be found at Appendix 3.
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3. ACCOUNT REGISTRATION
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3.1. Registration of Cethereum Account. To use the Cethereum Services, you will need to register for a Cethereum account (a "Cethereum Account") by providing your name, e-mail address and a password and accepting the terms of this Agreement. By using a Cethereum Account, you agree and represent that you will use the Cethereum Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from Cethereum in accordance with this Agreement. You are fully responsible for all activity that occurs under your Cethereum Account. We may, in our sole discretion, refuse to open a Cethereum Account for you, or limit the number of Cethereum Accounts that you may hold or suspend or terminate any Cethereum Account or the purchase and sale of specific Digital Currency in your account.
3.2 Identity Verification. You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to start using the Cethereum Services and to access specific Cethereum Services, including certain transfers of Digital Currency, and the limits that apply to your use of the Cethereum Services may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information including, but not limited to, full name, date of birth, age, nationality, gender, signature, utility bills, photographs, phone number, home address, and/or e-mail address. In providing us with this or any other information that may be required, you confirm that the information is accurate and correct, and you agree to keep us updated if any of the information you provide changes. We will treat this information in accordance with the data protection provisions herein.
WE MAY REQUIRE YOU TO WAIT SOME AMOUNT OF TIME AFTER COMPLETION OF A TRANSACTION BEFORE PERMITTING YOU TO USE FURTHER CETHEREUM SERVICES AND/OR BEFORE PERMITTING YOU TO ENGAGE IN TRANSACTIONS BEYOND CERTAIN VOLUME LIMITS.
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4. PAYMENT SERVICES
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4.1 Purchase or Sale of Digital Currency. You may purchase or sell supported Digital Currency by using the Cethereum Wallet. To carry out a Digital Currency Transaction, you must follow the relevant instructions on the Site.
4.2 Revocation. When you give us instructions to carry out a Digital Currency Transaction using Digital Currency, you cannot withdraw your consent to that Digital Currency Transaction unless the Digital Currency Transaction is not due to occur until an agreed date in the future.
4.3 Unsuccessful Payments. If a payment to purchase Digital Currency is not successful, you authorise Cethereum, in its sole discretion, to cancel any related Digital Currency Transactions. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, or similar fees charged by your payment provider.
4.4 Unauthorised and Incorrect Transactions. Where a purchase or sale of Digital Currency is initiated from your Cethereum Wallet using your credentials (“Unauthorized Transactions”), we will assume, and it will be deemed that you authorised such transaction. It is your responsibility to safeguard your credentials from unauthorized use and Cethereum shall bear no liability for any Unauthorized Transactions or other unauthorized use of your Cethereum Account or Wallet.
If you have reason to believe that a transaction using your Cethereum Wallet has been incorrectly carried out or is not complete (an "Incorrect Transaction"), you must contact us as soon as possible, and in any case no later than 30 days after the Incorrect Transaction occurred.
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It is important that you regularly check your Cethereum Wallet balance and your transaction history to ensure any Incorrect Transactions are identified and notified to us at the earliest possible opportunity. We are not responsible for any claim for Incorrect Transactions unless you have notified us in accordance with this section. We are not responsible for any claim for Incorrect Transactions if you have acted fraudulently, intentionally or with gross negligence and this has resulted in the Incorrect Transactions.
4.5 Refund Rights.
Where an Incorrect Transaction is made as a result of our action or error, we shall refund to you the amount of that transaction without undue delay and restore your Cethereum Wallet to the state in which it would have been had the Incorrect Transaction not taken place. We will also endeavour to provide you with reasonable notice where possible. We will also pay any charges for which we are responsible.
4.6 Consent. By opening a Cethereum Account, you provide your explicit consent to us providing payment services (i.e. the Cethereum Services) to you. You can withdraw this consent at any time by closing your Cethereum Account.
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5. DIGITAL CURRENCY SERVICES
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5.1 General. Your Cethereum Wallet enables you to send Digital Currency to, and request, receive, and store Digital Currency from, Cethereum by giving instructions through the Site (each such transaction is a "Digital Currency Transaction"). The Digital Currency Services enable you to buy and sell Digital Currency using:
A. Digital Currencies; and/or
B. Canadian Dollars (“CAD”).
5.2 Fiat Currency Transactions. You may purchase supported Digital Currency by utilizing the secure payment gateways of one of our third-party payment processors, or through an Interac e-Transfer to contact@cethereum.com, with “cethereum” as the password. Although we will attempt to deliver Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before the status of your Digital Currency transaction is shown as complete, and it is delivered to your Cethereum Wallet.
You may sell Digital Currency in exchange for fiat currency (such as CAD) supported by Cethereum. In such circumstances, funds will be issued to you via the methods listed in Appendix 3.
We will make reasonable efforts to fulfill all purchases of Digital Currency, but in some circumstances, we may be unable to. If this is the case, we will notify you and seek your approval to re-attempt the purchase at the current Exchange Rate (as defined below).
5.3 Conversion Fees. Each purchase or sale of Digital Currency is subject to a fee (a "Conversion Fee"). The applicable Conversion Fee will be displayed to you on the Site prior to each transaction and is stated in each receipt we issue to you. We may adjust our Conversion Fees at any time. We will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of your transaction. A list of
applicable Conversion Fees can be found in Appendix 3.
5.4 Exchange Rates. Each purchase or sale of Digital Currency is also subject to the Exchange Rate for the given transaction. The "Exchange Rate" means the price of a given supported Digital Currency in fiat currency as quoted on the Site. The Exchange Rate is stated either as a "Buy Price" or as a "Sell Price", which is the price at which you may buy or sell Digital Currency, respectively. You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a transaction. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and/or sell your Digital Currency on the open market at any particular price or time.
5.5 Authorisations; Reversals; Cancellations. By initiating a ‘Buy’ or ‘Sell’ transaction on the Site, you are authorising Cethereum to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion Fees and Exchange Fees. You cannot cancel, reverse, or change any transaction marked as complete or pending.
5.6 Digital Currency Transactions. We will process Digital Currency Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We will have no liability or responsibility for ensuring that the information you provide is accurate and complete. Digital Currency Transactions cannot be reversed once they have been broadcast to the
relevant Digital Currency network. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the
Digital Currency network. A Digital Currency Transaction is not complete while it is in a pending state. Digital Currency associated with Digital Currency Transactions that are in a pending state will be designated accordingly and will not be included in your Cethereum Wallet balance or be available to conduct Digital Currency Transactions until confirmed by the network.
WE MAY ALSO REFUSE TO PROCESS OR CANCEL ANY PENDING DIGITAL CURRENCY TRANSACTION AS REQUIRED BY LAW, REGULATION OR ANY COURT OR OTHER AUTHORITY TO WHICH CETHEREUM IS SUBJECT IN ANY JURISDICTION.
5.7 Supported Digital Currencies. Our Digital Currency Services are available only in connection with those digital currencies that Cethereum supports, and this may change from time to time. At this time only Ethereum is supported through the Cethereum Services.
5.8 Advanced Protocols. Unless specifically announced on the Site or via an official public statement of Cethereum, we do not support metacoins, coloured coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency we support collectively, "Alternate Protocols"). You should not use your Cethereum Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Alternate Protocol. You acknowledge and agree that we have no responsibility whatsoever in respect of an unsupported Alternate Protocol.
5.9 Private Keys. You are responsible for the safe keeping of your private keys and/or security passphrase tied to your Cethereum Wallet. Cethereum shall not store your private keys and/or security passphrase, after providing same to you and shall bear no liability for your loss or mishandling of them or their theft from your device(s) or other electronic or physical locale where they are recorded or stored.
5.10 Operation of Digital Currency Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. The underlying protocols are likely to be subject to sudden changes in operating rules ("forks"), and such forks may materially affect the value, function, and/or the name of the Digital Currency you store in your Cethereum Wallet. However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. We may, in our reasonable discretion, decline to support either or both branches of a fork. You acknowledge the risks presented by forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of a forked protocol. We assume no responsibility for the operation of the underlying protocols, and we are not able to guarantee their functionality, security, or availability. You
acknowledge and accept the risk that underlying software protocols relating to any Digital Currency you store in your Cethereum Wallet may change.
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5.11 Digital Currency Title.
A. Title to Digital Currency in your Cethereum Wallet shall at all times remain with you. As the owner of Digital Currency in your Cethereum Wallet, you shall bear all risk of loss of such Digital Currency. Cethereum shall not be liable for fluctuations in the fiat currency value of Digital Currency held in your Cethereum Wallet.
B. You control the Digital Currencies held in your Cethereum Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Currency by sending it to a different blockchain address controlled by you or a third party.
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6. TRANSACTIONS LIMITS AND ENHANCED DUE DILIGENCE
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6.1 Transactions Limits. The use of all Cethereum Services is subject to a limit on the volume, stated in CAD or other fiat currency or Digital Currency, you may transact or transfer in a given period (e.g. daily). Please see Appendix 3 for further details. To view your limits, login to your Cethereum Account. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at contact@cethereum.com.
6.2 Enhanced Due Diligence. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Cethereum staff if you wish to raise your limits ("Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance so that you can decide whether you wish to proceed with the request. In our discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
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7. SUSPENSION, TERMINATION, AND CANCELLATION
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7.1 Suspension, Termination and Cancellation. We may: (a) refuse to complete, or block, cancel or reverse a transaction you have authorised (even after funds have been debited from your payment method), (b) suspend, restrict, or terminate your access to any or all of the Cethereum Services, and/or (c) deactivate or cancel your Cethereum Account with immediate effect for any reason, including but not limited to where:
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1. we reasonably believe that we need to do so in order to protect our reputation;
2. we are, in our reasonable opinion, required to do so by applicable law, regulation or any
court or other authority to which we are subject in any jurisdiction;
3. we reasonably suspect you of acting in breach of this Agreement;
4. we reasonably suspect you have breached our policies outlined in Appendix 1;
5. we have concerns that a transaction is erroneous or about the security of your Cethereum Account or we suspect the Cethereum Services are being used in a fraudulent or unauthorized manner;
6. we suspect money laundering, terrorist financing, fraud, or any other financial crime;
7. use of your Cethereum Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Cethereum Account activity; and/or
8. you take any action that may circumvent our controls such as opening multiple Cethereum Accounts.
We may also refuse to complete or block, cancel or reverse a transaction you have authorised where there is insufficient Digital Currency in your Cethereum Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction or if your credit or debit card or any other valid payment method linked to your Cethereum Account or Cethereum Wallet is declined.
7.2 If we refuse to complete a transaction and/or suspend, restrict or close your Cethereum Account, and/or terminate your use of Cethereum Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and/or suspend your Cethereum Account we will lift the suspension or
complete the transaction as soon as reasonably practicable once the reasons for refusal and/or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.
WE MAY SUSPEND, RESTRICT, OR TERMINATE YOUR ACCESS TO ANY OR ALL OF THE CETHEREUM SERVICES AND/OR DEACTIVATE OR CANCEL YOUR CETHEREUM ACCOUNT, WITHOUT REASON BY GIVING YOU TWO MONTHS’ NOTICE. YOU ACKNOWLEDGE THAT OUR DECISION TO TAKE CERTAIN ACTIONS, INCLUDING LIMITING ACCESS TO, SUSPENDING, OR CLOSING YOUR CETHEREUM ACCOUNT, MAY BE BASED ON CONFIDENTIAL CRITERIA THAT ARE ESSENTIAL FOR THE PURPOSES OF OUR RISK MANAGEMENT AND SECURITY PROTOCOLS.
YOU AGREE THAT WE ARE UNDER NO OBLIGATION TO DISCLOSE THE DETAILS OF OUR RISK MANAGEMENT AND SECURITY PROCEDURES TO YOU.
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8. LIABILITY
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8.1 Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and/or our enforcement of this Agreement including without limitation your breach of the parameters
set in Appendix 1, or your violation of any law, rule or regulation, or the rights of any third party.
8.2 Limitations of Liability. Cethereum’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by Cethereum of this Agreement shall be limited to a maximum aggregate value of the subject transaction(s), in CAD, at the time the transactions took place.
8.3 Limitation of Loss. In addition to the liability cap at set out above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
1. any loss of profits or loss of expected revenue or gains, including any loss of anticipated profits and/or any actual or hypothetical losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a buy or sell transaction properly, your damages are limited to no more than the CAD fiat value of the subject transaction(s), and that you
may not recover for any "loss" of anticipated profits or for any actual losses made as a result of the failure to buy or sell;
2. any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same;
3. any loss of use of hardware, software or data and/or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and/or any interruption in any such data; and
4. any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
8.4 Applicable Law. The limitation of liability in this section is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Cethereum Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either
our or our subcontractors’ negligence.
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8.5 No Warranties. The Cethereum Services are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the Cethereum Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the Cethereum Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
We make no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the Site. We will make reasonable efforts to ensure that requests for debits and credits involving bank accounts and credit cards are processed in a timely manner but Cethereum makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
8.6 No Liability for Breach. We are not liable for any breach of this Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary, nor are we liable where the breach is due to the application of applicable laws, regulations and policies.
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9. SITE AVAILABILITY AND ACCURACY
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9.1 Access & Availability. Access to Cethereum Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays. We do not guarantee that the Site or other Cethereum Services will be available without interruption and we do not guarantee that any order will be executed, accepted,
recorded, or remain open; and Cethereum shall not be liable for any losses resulting from or arising out of transaction delays.
9.2 Website Accuracy. Although we intend to provide accurate and timely information on the Site, the Site may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as
possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions. Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third-party materials accessible or linked to from the Site.
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10. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION
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10.1 Contact Cethereum. If you have any feedback, questions, or complaints, contact us at
contact@cethereum.com.
When you contact us please provide us with your name, e-mail address, phone number, your Cethereum Account number, and the transaction on which you have feedback, questions, or complaints (if applicable).
10.2 No Compensation. If you, or any other party on your behalf, give Cethereum any feedback (including ideas or suggestions for enhancements or improvements) about the Site or Cethereum Services, then Cethereum and its successors, assigns and licensees may use and commercialize the feedback without providing any compensation to you or any other person.
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10.3 Arbitration and Jurisdiction. All disputes, controversies and claims between the parties arising under, out of, in connection with, or in relation to this Agreement, the subject matter of this Agreement and the resulting relationship between the parties will be referred to and finally resolved by arbitration pursuant to the National Arbitration Rules (as amended, superseded or replaced from time to time) of the ADR Institute of Canada Inc. (the “Institute”) by one (1) arbitrator appointed in accordance with those rules, to the extent that
the rules do not conflict with this section. The arbitration will be private and confidential, and will be administered by the Institute. If the Institute is not operative, the arbitration will proceed ad hoc and be governed by the Arbitration Act (British Columbia). The place of arbitration will be Vancouver, British Columbia, and the language used in the arbitration will be the English language. Any arbitration award is final and binding and judgment on the award may be entered in any court having jurisdiction for the enforcement of the award. Notwithstanding the foregoing in this section, either party may seek preliminary or temporary injunctive relief and other remedies from the courts of British Columbia sitting in Vancouver to avoid irreparable harm or to preserve the status quo, and the parties hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all of those matters and any other matter that is not properly subject to arbitration pursuant to this section.
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11. DATA PROTECTION.
11.1 Personal Data. You acknowledge that we may process personal information in relation to you. Please review our Privacy Policy for more information on how your personal information is collected and used.
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12. SECURITY
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12.1 Password Security. In order to access Cethereum Services you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access Cethereum Services safe and maintaining adequate security and control of any and all security details that you use to access the Cethereum Services. This includes taking all reasonable steps to
avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected. Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Cethereum Account by third-parties and the loss or theft of any
Digital Currency held in your Cethereum Wallet and any associated accounts, including your linked bank account(s) or credit card(s). You must keep your security details safe at all times.
We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Cethereum and/or failure to follow or act on any notices or alerts that we may send to you.
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12.2 Security Breach. If you suspect that your Cethereum Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Cethereum (together a "Security Breach"), you must:
1. notify Cethereum as soon as possible by e-mail at: contact@cethereum.com.
2. continue to provide accurate and up to date information to us throughout the duration of the Security Breach; and
3. take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification to us of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
12.3 Safety and Security of Your Computer and Devices. Cethereum is not liable for any damage 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 e-mail services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to
originate from us.
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13. PRE-PAID MASTERCARD
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13.1 Merchant and Merchants Offers. Merchants may provide to card holders certain discounts, rebates or other benefits (e.g. free shipping) on the purchases of goods and services ("Offers") that will be available on the Site. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. Cethereum will not be liable for any loss or damage incurred as a result of any interaction between you and a merchant with respect to such Offers. Except as set forth herein, all matters, including but
not limited to delivery of goods and services, returns, and warranties are solely and strictly between you and the applicable merchants. You acknowledge that Cethereum does not endorse or warrant the merchants that are accessible through the Site nor the Offers that they provide.
13.2 Further Information. Refer to the Cardholder Agreement on the Site for further information.
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14. MINING AS A SERVICE
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14.1 General. As part of the Cethereum Services, we offer Mining as a Service (“MaaS”) contracts to users. All MaaS services are performed with hardware we host in our facilities.
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14.2 Not Investment. All revenue generated for your benefit through an MaaS contract, is not intended to be investment proceeds and shall not be treated as such.
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14.3 Further Information. Refer to the MaaS agreement on the Site for further information.
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15. GENERAL
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15.1 Your Compliance with Applicable Law. You must comply with all applicable laws, regulations, licensing requirements and third-party rights (including, without limitation, data privacy laws) in your use of the Cethereum Services.
15.2 Limited License. We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of Cethereum and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "Cethereum.com" and all logos related to the Cethereum Services or displayed on the Site are trademarks or registered marks of Cethereum or its licensors. You may not copy, imitate or use them without our prior written consent.
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15.3 Prohibited and Conditional Use. In connection with your use of the Cethereum Services, you agree to comply with the restrictions set out in Appendix 1. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.
15.4 Amendments. We will notify you of any change to this Agreement relating to the Cethereum Services by e-mail. In such circumstances, you will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the Cethereum Services. If you do not accept the change, you must provide us notice of same and the rights and some obligations under this Agreement
will be terminated upon the later of the change coming into effect or the delivery of your notice. We may make all other amendments to this Agreement (including in relation to any other Cethereum Services) by posting the revised Agreement on the Site or by e-mailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your Cethereum Account and cease using the Cethereum Services. Copies of the most up-to-date version of this Agreement will be made available on the Site.
15.5 Relationship of the Parties. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or Cethereum to be treated as partners or joint ventures, or either you or Cethereum to be treated as the agent of the other.
15.6 Contact Information. You are responsible for keeping your e-mail address and telephone number up to date in your Cethereum Account profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breaches). Please see Appendix 2 for more detail in relation to how we will communicate with you.
15.7 Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Cethereum Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. Your transaction history is available through your Cethereum Account.
15.8 Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and Cethereum as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Cethereum.
Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Cethereum Services and Site.
15.9 Interpretation. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
15.10 Transfer and Assignment. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and/or our obligations at any time, including as part of a merger, acquisition, change of control or other corporate reorganisation involving Cethereum. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
15.11 Severability. In case any section in this Agreement shall be held invalid, illegal or unenforceable in a jurisdiction, such provision shall be modified or deleted as to the jurisdiction involved only to the extent necessary to render the same valid, legal and enforceable, and the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby, nor shall the validity, legality or enforceability of such provision be affected thereby in any other jurisdiction.
15.12 No Waiver. You acknowledge and agree that (a) our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement, and (b) any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Agreement can be made, taken, or given in our sole discretion and are only effective if provided in writing by our authorized
representative.
15.13 Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this 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 of this Agreement or other incorporated documents shall prevail.
15.14 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the sections relating to suspension or termination, Cethereum Account cancellation, debts owed to Cethereum, general use of the Site, disputes with Cethereum, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.
15.15 Governing Law. This Agreement will be construed and governed exclusively by the laws in force in British Columbia and the laws of Canada applicable therein.
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Appendix 1: PROHIBITED USE and PROHIBITED BUSINESSES
1. Prohibited Use. You may not use your Cethereum Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Cethereum Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact us at contact@cethereum.com.
By opening a Cethereum Account, you confirm that you will not use your Cethereum Account and/or any Cethereum Services to do any of the following:
A. Unlawful Activity: Activity which would violate, or assist in the violation of, any law,
statute, policy, or regulation in Canada or any other jurisdiction the laws to which you
may be subject.
B. Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorised access to the Site, other Cethereum Accounts, computer systems or networks connected to the Site, through password mining or any other means; use Cethereum Account information of another party to access or use the Site, except in the case of specific merchants and/or applications which are specifically authorised by a user to access such user's Cethereum Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Cethereum.
C. Fraud: Activity which operates to defraud Cethereum or any other person; provide any false, inaccurate, or misleading information to Cethereum.
D. Intellectual Property Infringement: Use of Cethereum intellectual property, name, or logo, including use of Cethereum trade or service marks, without express consent from Cethereum or in a manner that otherwise harms Cethereum or the Cethereum brand; any action that implies an untrue endorsement by or affiliation with Cethereum.
2. Prohibited Businesses. In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from Cethereum Services ("Prohibited Businesses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Cethereum Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at: contact@cethereum.com.
By opening a Cethereum Account, you confirm that you will not use Cethereum Services in connection with any of following businesses, activities, practices, or items:
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1. Investment and Credit Services: securities brokers; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; investment schemes;
2. Intellectual Property or Proprietary Rights Infringement: sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder;
3. Counterfeit or Unauthorised Goods: unauthorised sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen;
4. Drugs and Drug Paraphernalia: sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporisers, and hookahs;
5. Adult Content and Services: pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually related services such as prostitution, escorts, pay-per view, adult live chat features;
6. Multi-level Marketing: pyramid schemes, network marketing, and referral marketing programs;
7. Unfair, predatory or deceptive practices: investment opportunities or other services that promise high rewards; sale or resale of a service without added benefit to the buyer; resale of government offerings without authorisation or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers; and
8. High-risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.
Appendix 2: COMMUNICATIONS
1. 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 Cethereum Account and your use of Cethereum Services. Communications include:
A. terms of use and policies you agree to (e.g. this Agreement and the Privacy Policy), including updates to these agreements or policies;
B. account details, history, transaction receipts, confirmations, and any other account or transaction information;
C. legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
D. responses to claims or customer support inquiries filed in connection with your Cethereum Account.
We will provide these Communications to you by posting them on the Cethereum website, e-mailing them to you at the primary e-mail address listed in your Cethereum profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
2. How to Withdraw Your Consent. You may withdraw your consent to receive Communications electronically by contacting us at: contact@cethereum.com. If you fail to provide or if you withdraw your consent to receive Communications electronically, Cethereum reserves the right to immediately close your Cethereum Account.
3. Updating your Information. It is your responsibility to provide us with a true, accurate and complete e-mail address and other contact information, and to keep such information up to date. You understand and agree that if Cethereum sends you an electronic Communication but you do not receive it because your primary e-mail address on file is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to
receive electronic Communications, Cethereum will be deemed to have provided the Communication to you.
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Appendix 3: CONVERSION FEES AND LIMITS
1. Buy. Minimum 2.99% fee already included in rate (subject to change)
2. Sell.
a. PayPal: $15 flat fee;
b. Western Union: 2.99%; and
c. Interac e-Transfer: $5 flat fee.
d. Pre-paid cards: Free
3. Daily Limit. $2,000 (buy and sell)
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Appendix 4: NON-AFFILIATION WITH ETHEREUM ORGANIZATION AND OTHERS
Cethereum is in no way affiliated with the Ethereum Foundation, nor any of its related business entities. Cethereum further has no affiliation or relationship with any coin, blockchain business or project unless explicitly stated otherwise. You agree that Cethereum shall not be liable for any losses arising out of your misapprehension of Cethereum’s connection with the Ethereum Foundation or any other coin, business or project.