Merchant Terms of Use

Last updated: September 1st, 2020

Welcome to Coinclustr

  1. Acceptance of Terms

    Thank you for choosing Coinclustr. Coinclustr (Coinclustr, we, our, or us) Merchant Terms of Use (Terms) are set to govern your use of the product, services, features, technologies or functionalities (services) provided by Coinclustr via the website, app or through any other means. The terms “you” and “your” refer to any person that registers for an/or opens a Coinclustr account through Coinclustr.com or any associated mobile applications, including the merchant to which we will be providing the Services and the person signing below or otherwise agreeing to the Terms on behalf of the merchant.

    Please read the Terms carefully before using Coinclustr site because they affect your legal rights and obligations; by registering for and opening a Coinclustr Account, you unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of the Coinclustr Site and/or your Coinclustr Account, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

    Depending on your country of residence, you may not be able to use all the functions of the Coinclustr Site.

  2. Amendment of Terms

    Coinclustr may amend the Terms from time to time. Please visit Coinclustr website regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Any such notice will be posted on the Coinclustr Site, or sent by email to the address associated with your Coinclustr Account.

    If you continue to use your Coinclustr Account, after any amendment to these Terms, this will constitute to your acceptance of the Terms, as modified by such amendment. If you do not accept the Terms, or any amendment to them, you must immediately stop using the Coinclustr Site and your Coinclustr Account.

    ARBITRATION NOTICE: IF YOU ARE A USER LOCATED IN THE UNITED STATES OR CANADA YOU AGREE THAT DISPUTES BETWEEN YOU AND COINCLUSTR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

  3. Eligibility

    By opening a Coinclustr Account, you expressly warrant and represent that:

    • You are 18 years of age or over and have full capacity to accept the Terms and enter any transaction available through the Coinclustr Site
    • You will not open, or attempt to open, a Coinclustr Account under any name except Your own; or use Your Coinclustr Account to carry out transactions on behalf of a third party
    • You will not have more than one Coinclustr Account; use or access any Coinclustr Account other than Your own; or assist any other person in obtaining unauthorised access to any Coinclustr Account
    • You will provide security for transactions carried out through Your Coinclustr Account by ensuring there is sufficient Local Currency or cryptocurrency (as the case may be) in Your Coinclustr Account in advance of any transaction
    • You will not allow or facilitate the deposit of Local Currency into Your Coinclustr Account unless that deposit is made in accordance with the Deposit Requirements
    • You will not allow or facilitate the withdrawal of Local Currency from Your Coinclustr Wallet to a bank account held in the name of a third party.
    • You will not use Your Coinclustr Account for or in relation to any illegal activity, any illegal/prohibited activity in violation of any laws, statutes, ordinances or regulations, or in breach of Coinclustr requirements

    By opening a Coinclustr Account You accept and agree that Coinclustr may, without further notice and in its sole discretion, terminate, suspend or restrict the account of any customer who uses, or who we reasonably suspect may be using, the Coinclustr Site or any Coinclustr Account in a manner that is inconsistent with the letter or spirit of these Terms.

  4. Registration and Your information

    In order to use the Services, You must open a Coinclustr account. When you open an account, we will ask you for contact information such as your name, phone number, email address, and information relating to the ultimate beneficial owner or the most senior individual from the organisation (see privacy policy).

    Use of the Services is subject to the laws and regulations of the EEA regarding the prevention of terrorist financing and anti-money laundering. You agree and acknowledge that your use of the Services would and will comport with such laws and regulations, including, without limitation, the sanctions programs administered by the EEA.

    You agree that you won’t disclose Your Account credentials to anyone and you’ll notify us immediately of any unauthorised use of Your Account. You’re responsible for all activities that occur under Your Account, whether or not you know about them.

    When you create your account with us, you will be asked to provide your email address, which we may use on receipts or materials we send to customers on your behalf (“Support Email”). By providing this email, you agree that we may use that Support Email to direct customers that make payments to you using Coinclustr to contact you for customer support and this Support Email will be made publicly available. If you change Your Support Email, You must provide us with prompt notice of such change to enable us to update the Support Email we use on your behalf. You agree to respond to customers contacting you via the Support Email timely.

  5. Your sales

    Coinclustr imposes daily and annual transaction processing limits on merchants. When you register for a Coinclustr account, you will be enabled to transact at the Basic Tier level. At Coinclustr discretion, and based on Coinclustr risk assessment, transaction capabilities may not be enabled until additional documentation or information regarding is collected and verified. Requests to increase your processing limit will not be approved unless and until we have reviewed your documentation to our satisfaction and have confirmed the accuracy and authenticity of the information therein.

    Your invoices and records must be kept by yourself for fulfilling the goods or services sold to the Purchaser and providing any post-sale support to the Purchaser. If the sale of the item requires any government registration of the sale, you are responsible for such registration. Coinclustr is required to maintain records of all documentation and information collected for your merchant account for the duration that your account is active, and up to 5 years thereafter.

    Customer verification is your responsibility. Consistent with Your local laws and regulations, you are solely responsible for obtaining any information required of those who purchase your goods or services. For instance, if applicable law prohibits a sale to persons under the age of 18 years, you must ensure that a Purchaser is at least 18 years of age. Similarly, if applicable law requires that a Purchaser's identity be verified, you must verify the Purchaser's identity. We will not be responsible for your failure to adequately verify Your Purchasers' identities or qualifications.

    We may ask for permission to inspect your business location in connection with your use of the Services, or documentation or evidence to support specific transactions. If you refuse our request, we may suspend or terminate Your Coinclustr account

  6. How we collect, use and share information

    In order to provide the Services, we may share information about you and Your Coinclustr account with third parties, including but not limited to your bank and Purchasers. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our customers. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

  7. Feedback

    We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@Coinclustr.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

  8. Content and Content Rights

    For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including You) provide to be made available through the Services. Content includes without limitation User Content.

    Content Ownership, Responsibility and Removal

    We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit Your User Content. You agree that you own or have all rights, title and interest, including all intellectual property rights, in any User Content You provide to us.

    You agree and acknowledge that we own all right, title and interest to and in the Services, the associated software, technology tools and content, the Coinclustr website, the content displayed on the website, and other materials produced by and related to Coinclustr (collectively, the Coinclustr IP). You are only permitted to use the Services and the Coinclustr IP to accept and receive payments, according to these Terms. When you accept the Terms, we grant you a personal, limited, revocable and non-transferable license to use the Coinclustr IP, without the right to sublicense. You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the Coinclustr IP or any portion thereof, or use the Coinclustr IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. You shall not prepare any derivative work based on the Coinclustr IP, nor shall you translate, reverse engineer, decompile or disassemble the Coinclustr IP.

    Rights in User Content Granted by You

    In order to operate and provide our Services, You grant us a worldwide, non-exclusive, royalty-free, sub licensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform the User Content that You upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the purpose of operating and providing our Services, including, but not limited to, identifying merchants on the Services, and/or in a list of merchants using the Services, and in receipts and materials we may send to customers on your behalf. Additional information about your privacy and how we use User Content is available in the Privacy Policy.

    You can remove Your User Content by specifically deleting it. However, in certain instances, some of Your User Content may not be completely removed and copies of Your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of Your User Content.

    Rights in Content Granted by Coinclustr

    Subject to Your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services.

    Acceptable Use and Coinclustr’s Enforcement Rights
    • Violate, misappropriate, or infringe the rights of Coinclustr , our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
    • Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes
    • Involve publishing falsehoods, misrepresentations, or misleading statements, including impersonating someone; or
    • Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dealing, and the like;
    • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Services or Content;
    • Disguise Your location through IP or other methods;
    • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
    • Violate any applicable law or regulation; or
    • Encourage or enable any other individual to do any of the foregoing.

    You agree to comply with all applicable U.K. and non-U.K. export control and trade sanctions laws (“Export Laws”). Without limiting the foregoing, You may not use or download the Services if 1) You are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if You are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s financial sanctions regime; or (2) You intend to supply any Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime

  9. Termination

    We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel Your Account at any time by following the account closure instructions in the dashboard. Upon termination or cancelation of your account, you will cease all use of the Service and Content. Upon any termination, discontinuation or cancellation of Services or Your Account, except as specifically set forth herein, the following provisions will survive: Content and Content Rights, Content Ownership, Responsibility and Removal, Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, and General Terms.

  10. Warranty Disclaimers

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES (INCLUDING ANY PRIVATE KEY STORAGE SERVICE OFFERED AS PART OF THE SERVICES, WHETHER CLOUD OR HARDWARE-BASED) AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COINCLUSTR SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. COINCLUSTR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

    USE OF ANY PRIVATE KEY STORAGE SERVICE INCLUDED AS PART OF THE SERVICES IS OFFERED TO YOU AS A CONVENIENCE, SUBJECT TO THE LIMITATIONS ABOVE. TO BE SAFE, YOU SHOULD ALWAYS BACKUP YOUR PRIVATE ACCESS KEY VIA SECONDARY MEANS.

  11. Indemnity

    You will indemnify and hold harmless Coinclustr and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (I) Your access to or use of the Services or Content, (ii) Your User Content, (iii) Third Party Materials, or (iv) Your violation of these Terms.

  12. Limitation of Liabilit

    TO THE EXTENT NOT PROHIBITED BY LAW, COINCLUSTR SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR LOGIN CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP PHRASE, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE ETHEREUM NETWORK, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ETHER OR ANY OTHER DIGITAL TOKEN OR DIGITAL ASSET ON THE ETHEREUM NETWORK. COINCLUSTR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COINCLUSTR HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. COINCLUSTR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES AND ACCESSED THROUGH THE APP.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COINCLUSTR ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).

  13. Dispute Resolution

    Governing Law
    These Terms and any action related thereto will be governed by the laws of England and Wales without regard to its conflict of law’s provisions.

    Forum and Venue
    If you are a user located in the United States or Canada, the “Special Arbitration Provision for United States or Canada Users” section below applies to you.

    If You are not subject to the “Special Arbitration Provision for United States or Canada Users” section below, You agree that You will resolve any claim You have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute,” and together, “Disputes”) exclusively in the courts of England and Wales in London and You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.

    Dispute Resolution
    If You are a user located in the United States or Canada, You and Coinclustr agree that any Dispute shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes (accessible at adr.org/acai/faces/rules) and You and Coinclustr hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration, except that each party retains the right: (I) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction of an IP Protection Action shall be the courts of England and Wales in London and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating IP Protection Actions.

    The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. At Your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees.

    If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator’s rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If a court decides that any provision of this Special Arbitration Provision is invalid or unenforceable, that provision shall be severed and the other parts of this Special Arbitration Provision shall still apply. In any case, the remainder of this Terms of Service, will continue to apply.

  14. General Terms

    These Terms constitute the entire and exclusive understanding and agreement between Coinclustr and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Coinclustr and You regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Special Arbitration Provision” section above or by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

    Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services and/or through other electronic communication.

    Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Coinclustr. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.


Contact Information

If you have any questions about these Terms or the Services, please contact us at Privacy@coinclustr.com.

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