Last updated: March 08, 2021
PLEASE READ THESE TERMS OF USE CAREFULLY IN THEIR ENTIRETY BEFORE USING THE WEBSITE WWW.BLAMECRYPTOALWAYS.COM, OR ANY
SERVICE OFFERED THEREIN. BY USING THE WEBSITE OR OTHERWISE ACCESSING OR USING OUR SERVICES, YOU AGREE TO THE TERMS OF
USE. IF YOU DO NOT ACCEPT THE TERMS OF USE OR ANY PROVISION HEREIN, DO NOT ACCESS THE SITE OR USE THE SERVICES
1.1 The website WWW.BLAMECRYPTOALWAYS.COM (the “Site”) offers
the opportunity to purchase Digital Currency in exchange for Fiat
Money and/or sell Digital Currency and Gift Cards in exchange for Fiat
Money (the “Transactional Functions”) and offers opportunity to learn
Forex and Cryptocurrency Trade (the “Academy Functions”) and offers
opportunity to earn from the company through referral earning (the “
Affiliate Marketing Functions”)
1.2 Blame Crypto Ltd. , a company incorporated under the laws of
Nigeria with a registered company number 174541, offers Transactional
Functions, Academy Functions and Affiliate Functions to Members (as
defined below) on the Site (the “Services”);
1.3 Blame Crypto Ltd. shall be referred to as "us," "we," "our" or
"Company".
1.4 The users of the Site shall be referred to as “you,” “your” or
“yourself”. By using this Site, and/or by consuming our Publications,
and/or by registering to use our Services, you accept and agree to
comply with these terms and conditions governing your use of the Site
and the Services (the “Terms of Use”). You should read the entire
Terms of Use carefully before you use the Site or any of the Services. If
you do not agree to any term of these Terms of Use, you are forbidden
to use the Site and the Services.
1.5 You acknowledge that the privacy policy (made available on the
Site at https://www.blamecryptoalways.com/privacy) (the “PrivacyPolicy”), is an integral
part of these Terms of Use, and by using the
Services, you also agree that you have read, understood, and accepted
the terms of the Privacy Policy.
1.6 You further acknowledge that: (i) Company does not have a trading
platform, nor does it maintain any investment portfolios; (ii) Company
is not associated with any third-party trading-related services or
brokers; (iii) Company is not a payment services provider, nor does it
act as a payment services provider or process any payments
whatsoever; (iv) Company does not accept deposits from users, hold
user funds, or keep a balance or credit of any sort (in fiat money or
Digital Currency), nor is Company a Wallet Service provider.
Account Eligibility
By opening an account to use the Services (the “Account”), you
expressly represent and warrant that:
you have accepted these Terms of Use;
you are at least 18 years of age (or the age of majority in your
country of residence and no younger than age 18);
you are of sound mind and capable of taking responsibility for
your own actions, and have the full legal capacity to accept these
Terms of Use and enter into a transaction involving Digital
Currency (as defined below); and
all information and details that you submit to us during the initial
registration process, and thereafter (including as part of any use
of the Services), are true, current, complete and not misleading
and, as appropriate, match the name(s) on the bank account or
other payment accounts to be used to receive Fiat Money
(defined below) in exchange for the Digital Currency.
Registration and Personal Use of your Account
3.1 The Site is for your own personal and non-commercial use only.
You may only open one Account, and you acknowledge that multiple or
linked accounts are not allowed.
You further agree that you will not use any Account other than for
your own use, or access the Account of any other registered user (a
“Member”) at any time, or assist others in obtaining unauthorized
access.
3.3 By registering with us, you agree to provide us with current,
accurate, authentic, and complete information about you, which may
include without limitations, your name, password, e-mail address,
postal address, telephone number, ID number, birthdate, taxpayer
identification number, personal bank account details, as prompted by
the registration and/or verification process, or as prompted at any time
following registration, and you are required to keep any such submitted
information updated at all times. We may request additional
information as necessary, including in the event of any suspicious
activity related to your Account.
3.4 Verification Process We may verify your details, at any time, by
requesting certain documents from you. These documents may
typically include a government issued identity card, proof of address,
such as a utility bill, and proof of your payment method. We may
request that copies of such documents are notarized at your own
expense, with a stamp and attestation or certification by a public
notary. Should the documents fail our internal security checks for any
reason, such as upon suspicion of tampering, or due to suspicious or
proven misrepresentation, we shall be under no obligation to accept
such documents as valid, and under no obligation to provide feedback
on the exact nature of our findings with regards to these documents. In
addition, we may request that you participate in a phone or video call
to verify your identity. Only Verified Members can Buy Cryptocurrencyfrom the company.
Verified and Unverified Members can sell unlimited
amount of cryptocurrency to the company.
3.5 You acknowledge that in order to conduct such verification process
and/or background checks, we may perform inquiries, directly or
indirectly through third party service providers in the attempt to
prevent misidentification, fraud, suspicious activity, money laundering
or any other forbidden activity, and may take actions with respect to
the outcome of such inquiries, as we deem necessary. You hereby
provide us with your authorization for such inquiries, including with
respect to a query of your account information.
3.6 The aforementioned notwithstanding, the Company may, at any
time, and in its sole discretion, deny you the option to open an
Account, limit the Account that you may establish and maintain, or
suspend any transaction pending our review of any information
submitted by you.
3.7 Confidentiality of your Account You acknowledge that you are
responsible for maintaining the strict confidentiality of your Account
information, including your password, safeguarding your own Digital
Currency, and for all activity and transactions that are posted to your
Account. You understand that any compromise of your login
information may expose your Account to unauthorized access by third
parties which may result in loss or theft of Digital Currency or funds
from your Account, including linked accounts, such as your linked bank
accounts.
3.8 You are required to notify us immediately of any unauthorized use
of your Account or password, suspected compromise of your logininformation, or any other
breach of security, by email addressed to
support support@blamecryptoalways.com
3.9 We may terminate the account of any Member who does not
comply with our verification or security requests, or otherwise violates
the foregoing rules, and such Member may be held liable for losses
incurred by the Company or by any third party due to the Member’s
non-compliance and/or violation of rules.
3.10 Responsibility for Third Party Acts. Your Account is for your
personal use only, and not for the use or access by any third party. In
any event, you are fully responsible for all acts or omissions of any third
party accessing and/or using your Account.
3.11 You agree that you will not use the Services to perform criminal
activity of any sort, including but not limited to, money laundering,
illegal gambling operations, terrorist financing, or malicious hacking. In
addition, you warrant not to use methods to conceal the location from
which you access the Site and that you will disclose to the Company
your accurate and true location. Should the Company determine in its
sole discretion that the activity on your Account is suspicious or related
to any prohibited activity or illegitimate operation, the Company may
cancel or suspend your Account, block any outstanding transactions,
deny any new transactions, and/or freeze any funds available on your
Account.
3.12 You agree to receive promotional and/or informational emails
from us to the email address you provided in your Account. Such emails
will be canceled upon your request using the "unsubscribe" option
presented in any such email, when applicable.
Our Services
4.1. Provision of the Services
4.1.1. Purchase of Digital Currency The Services allow Members to
buy from the Company Bitcoin and/or Ethereum and/or any other
digital currency (the “Digital Currency”) that may be available for
purchase on the Site from time to time (a “Purchase”).
4.1.2 Sale of Digital Currency The Services allow Members to sell
Bitcoin and/or any other digital currency to the Company (a “Sale”).
4.1.3 Sale of Gift Cards.The Services allow Members to sell Gift Cards
to the Company (a “Sale”).
4.1.4 Global Purchase of Cryptocurrency The Services allow
International Members to buy Cryptocurrency from the company (a
“Global Purchase”).
4.1.5 Academy The Services allow Members to learn Forex and
Cryptocurrency trade from the company.
4.1.6 Affiliate Marketing The Services allows Members to earn
commission from the company in every referred transaction.
4.1.7 No Guarantee of Payment Methods You may send and/or
receive Fiat Money to and from the Company through bank account
transfers, or a third party processor. However, the Company cannot
guarantee that all such payment methods will be always be available to
you. The availability of each payment method depends on several
factors, including but not limited to your location, the identification
information you have provided the Company, and certain limitations
imposed by third party payment processors, if any.
4.1.8. Payments and Transfers.
A) Purchase Payments You understand and accept the following terms
pertaining to any bank transfer you send the Company in connection
with your Purchase order for Digital Currency:
a payment may, in the Company’s sole discretion, not be accepted by
the Company if it is made:
to a different beneficiary than specified in the payment instructions
presented to you when you place your order; or
from a bank account in a name that does not match your name as
registered on your Account with the Company, or that otherwise
cannot be identifiable to the Company's satisfaction as yours;
in the event the payment actually received by the Company's bank
account, net any applicable bank or administrative fees, is lower than
the payment amount required to fulfill your Purchase order, the
Company, in its sole discretion, shall either:
automatically update and fulfill the Purchase order in accordance with
the payment amount net fees actually received and send a notification
with the updated order.
B) Sale Transfers You understand and accept the following terms
pertaining to any Digital Currency transfer you send to the Company in
connection with your Sale order:
a transfer may, in the Company’s sole discretion, not be accepted by
the Company if it is made:
to a different Company Wallet Address than specified in the transfer
instructions presented to you when you place your order; however,under these
circumstances, the Company may, in its sole discretion,
accept such transfer and fulfill your Sale order; or
designating a Bank Account for payment in a name that does not match
your name as registered on your Account with the Company, or that
otherwise cannot be identifiable to the Company's satisfaction as
yours; however, under these circumstances, the Company may, in its
sole discretion, accept such transfer and fulfill your Sale order;
in the event the transfer actually received into the Company's Wallet
Address, net any applicable fees, is lower than the transfer amount
required to fulfill your Sale order, the Company, in its sole discretion,
shall either:
automatically update and fulfill the Sale order in accordance with the
transfer amount, net fees, actually received, and send a notification
with the updated order; or
ontact you to receive new instructions to amend or cancel your order;
or
ask you to provide us with a newly generated, unused Wallet Address
to which we will return the Digital Currency received; and
in the event that you transfer Digital Currency to a Wallet Address
other than the Wallet Address specified in the transfer instructions, and
such Wallet Address is not a Company Wallet Address, Company shall
have no liability whatsoever, including without limitation, have no
obligation to complete the Sale order, no obligation to replace the
Digital Currency, and no obligation to assist in tracking or recovering
such erroneous transfer.
4.1.9 Delivery of Digital Currency.
he Company will use reasonable
efforts to deliver the Digital Currency you Purchase to you at the
earliest commercially reasonable time in accordance with the termsand conditions
hereunder. You acknowledge that delivery of the Digital
Currency you purchase may be completed separately from the payment
process, and it may take time for the Digital Currency transfer to be
processed. You also acknowledge that on some occasions, the Company
may not be able to fulfill your Purchase order or deliver the Digital
Currency as further explained herein.
No Liability for Errors.
You acknowledge that the Company will
not be liable for any error with respect to the instructions you provide,
including without limitation erroneous Wallet Address and/or Bank
Account information.
No Payment for Used Gift Cards
In the event that the Gift Card
you sold to the company has already been used or not redeemable, the
company will decline the transaction and no payment will be made to
your bank account
Processing of Global Purchase Transaction
The company will
use trusted Agents to receive payment from our International
Members.
4.2. Price of Digital Currency and the Execution of Your Order
4.2.1.
Price.
The rate for Purchase and Sale of Digital Currency, as
applicable, shall be determined in accordance with the price as
displayed on the Site (the “Price”). The Price is comprised of the Digital
Currency market rate and our commission fee; additional fees may
apply on top of the Price. Changes to any applicable fees may be made
at any time in our sole discretion; it is your obligation to verify
applicable fees prior to engaging in any order or transaction; an
updated list of applicable fees shall be displayed here.
Notwithstanding the above, you hereby understand and agree
that the Price displayed on the Site for Purchase or Sale of the Digital
Currency is accurate for the thirty (30) minutes immediately following
the initial step in the placement of an order (the “Preliminary Price”),
and the Preliminary Price which appears on the Site upon your order
may not be the final price or rate of your transaction. This is due to the
highly volatile nature of the price of Digital Currency and the period of
time that may be required for completing the transaction, as further
detailed below.
Any payment by us to you, including refunds of payments initially
made by you to us, whether of Fiat Money or Digital Currency, shall be
paid after deduction of any applicable fees and/or transaction costs and
expenses, including, without limitation, our commission fee.
Cancellation Policy
You acknowledge that Executed transactions
are non-cancelable and you cannot change or reverse any transaction -
whether completed or pending (including any order in which the Wallet
Address has not yet been verified by you, as described in Section 4.7
above).
Notwithstanding the above, the Company, in its sole discretion, without
any obligation whatsoever, may endeavor to comply with a request
from you to cancel a transaction on your Account. Subject to applicable
law and regulation, in the event the Company cancels your Purchase
order after having received Fiat Money from you with regards to such
order, the Company will refund such funds to you minus any costs or
expenses incurred with regards to such refund, including without
limitation any bank charges, currency exchange charges and/or
payment processing charges. With respect to cancellation of your Sale
order after having received Digital Currency from you, the Company will
credit you with such Digital Currency minus applicable transaction costs
and expenses. Any return for a canceled transaction shall be at an
exchange rate determined in the Company's sole reasonable discretion.
4.2.5
Ownership of your Wallet Address. You guarantee to use and
provide a Wallet Address owned by you exclusively and which is under
your sole and full control, for the purpose of executing any transaction,
including: (a) in a Purchase order, a Wallet Address to which we will
transfer Digital Currency; (b) in a Sale order, a Wallet address (or Wallet
Addresses) from which you will transfer Digital Currency to us and/or a
Wallet Address to which we may return Digital Currency.
4.3. Payment Transactions, Third Party Processors, and Chargebacks
4.3.1. You are fully responsible for paying all sums (whether Fiat Money
or Digital Currency) owed to us by you. We reserve the right to
withhold any payment which is to be made to you until the Company
can properly identify and authenticate your identity and/or payment
details (as applicable)
4.3.2 Third Party Service Processors You acknowledge that the
Company may, subject to the Company’s sole discretion, use third-party
payment processing service providers to process any payment between
you and the Company, including but not limited to payments in relation
to your use of the Services and any transaction executed by you. In
such cases, you confirm that the Company may provide certain
personal information and/or documentation about you, including with
respect to a transaction executed by you as needed to complete the
transaction or as required under any inquiry or in the event of
detection of fraud or suspicion of such.
4.3.3 In accordance with the Company’s Privacy Policy, the Company
may use or transfer your information to any other third party service
providers for the purpose of providing you with the Services under theSite or the
improvement thereof, as well as for any KYC and AML
procedures.
4.3.4 You further agree that you will not make or attempt to make any
chargebacks, and/or deny or reverse any payment or deposits that you
have made. You hereby agree that you will reimburse us for any
chargebacks, denial or reversal of your payments or deposits and any
loss suffered by us as a consequence of this. In any such event, we
reserve the right to cease to provide the Services, terminate the Terms
of Use, withhold payments to you, and take any further action which
we may see as appropriate.
4.3.5 In connection with any Sale or Purchase, in the event that we
transfer Fiat Money or Digital Currency to you that you are not properly
authorized by this Agreement to receive or keep, we privacy-policy.htmlreserve the right
to offset such amounts with Fiat Money and/or Digital Currency we
receive from you in subsequent transaction(s), to the full extent
permitted by law and/or this Agreement
Use of Our Technology and Intellectual Property
5.1. You may only use the Site and all content derived from the Site,
including, but not limited to, the copyright and all other intellectual
property rights in the Site, in connection with the Services for your
personal and non-commercial use and in accordance with the Terms of
Use. The Site’s code, structure and organization are protected by
intellectual property rights. You must not: (i) copy, redistribute, publish,
reverse engineer, decompile, disassemble, modify, translate or make
any attempt to access the source code to create derivative works of the
source code, or otherwise; (ii) sell, assign, sublicense, transfer,
distribute or lease your access to the Site; (iii) make the Site available to
any third party through a private computer network; or (iv) use the Site
in a manner prohibited by any laws or regulations which apply to the
use of the Site (collectively the "Prohibited Acts").
5.2 You will be liable to us for any damage, costs or expenses we suffer
or incur that arise out of or in connection with your commission of any
of the Prohibited Acts. you shall notify us as soon as reasonably
possible after becoming aware of the commission by any person of any
of the Prohibited Acts and shall provide us with reasonable assistance
with any investigations we may conduct as a result of the information
provided by you in this respect.
5.3. Availability of the Site The Company cannot and does not
guarantee the availability of the Services or the Site at all times. You
acknowledge that the Company reserves the right, at all times, to delay,
deny, or make unavailable, at any time and at its sole discretion, any or
all of the Services and/or the Site itself. The Company shall have no
responsibility or liability whatsoever in connection with the
unavailability of any Service, whether caused by the Company as
aforementioned or by any third party or force majeure. You explicitly
understand that any such event may cause a delay in the execution or
processing of your orders and transactions, and you irrevocably release
the Company of any liability in this regard.
Security and Viruses
Any use of the internet may be subject to a
virus attack and/or communication failure. The Company shall not bear
any liability, whatsoever, for any damage or interruptions caused by
computer viruses, spyware, Trojan horses, worms or other malware
that may affect your systems, computer or other equipment, or any
phishing, spoofing or other virus attacks. The Company recommends
that all Members [users] use a reputable and available virus screening
and prevention software at all times. You should also apply caution
when reviewing text messages and emails purporting to originate fromthe Company, as SMS
and emails are also vulnerable to phishing and
spoofing and additional viruses. It is advisable that you log into your
Account through the Site only and avoid using unauthentic
communication advising you options to log in.
5.5 Confidential Information.
Provided that any information is
disclosed to you in the course of using the Services that a reasonable
investor knows, or should know, is of a confidential or proprietary
nature (“Confidential Information”), you are obligated to keep such
Confidential Information in strict confidence and use it in connection
with the Services only. You may not disclose such Confidential
Information without the Company’s prior written consent
Compliance
6.1. Your use of the Site and Services must be in compliance with all
laws and regulations applicable to you based on your applicable
jurisdiction. It is your exclusive responsibility to ensure that your use of
the Site and Services is compliant with the applicable laws and
regulations.
6.2. Where the Company believes that your use of the Site and Services
may not be fully compliant with applicable laws and regulations,
including, but not limited to, where there is any reason to suspect that
your use of the Services involves any prohibited activities or you
otherwise fail to complete the KYC and AML procedures described
under Section 17 below, we may refuse to provide you access to the
Site or the Services, process your transactions or accept you as a
customer, in addition to any other action which we may deem
reasonable.
6.3 Applicable Sanctions
You warrant that you will comply with all
applicable international economic and export sanctions and anyrequirement therein.
Without limiting the generality of the
aforementioned, you will not use the Services available on the Site if
any of the following applies to you:
You are a national or resident of Iran, North Korea, Cuba, Syria or the
Crimea region (of the Ukraine / Russia), or any other country included
in the US embargo, United Nations sanctions, HM Treasury's financial
sanctions regime (the “Restricted Territories”) or you intend to
distribute or provide the acquired Digital Currency or the Services to
the Restricted Territories;
Your name appears on the US Treasury Department's Specially
Designated Nationals List or the US Commerce Department's Denied
Persons List, Unverified List, Entity List HM Treasury's financial
sanctions regime (the “Restricted Persons”) or you intend to distribute
or provide the Services to any person of the Restricted Persons; and
You are on a prescribed sanctions list.
6.4. You fully understand and accept that we may not make the
Services available in all markets and regions, and may restrict or
prohibit the use of the Services from, and by residents or nationals of,
certain jurisdictions ("Restricted Locations" – listed here, as amended
from time to time). You, therefore, further represent and warrant that
you are not located in, under the control of, or a national or resident of
any Restricted Locations. If you attempt to access the Services from any
Restricted Location, the Services or a part thereof may be provided to
you by a third-party partner(s) of the Company, in which case, you will
be subject in full to such third party’s terms of service.
6.5 Applicable Taxes.You are exclusively responsible to inquire with
respect to the taxes applicable to your transactions on the Site. The
Company is not and will in no event be deemed as providing any taxadvice or
consultation. It is your responsibility to report and remit the
taxes payable to the appropriate tax authorities.
Account Suspension, Termination, and Cancellation
7.1. You acknowledge that, at any time, the Company will be entitled
to: (a) suspend your Account and your Access to the Site and the
Services, (b) terminate the Terms of Use and your access to the Site and
close your Account, (c) refuse processing, cancel or reverse any
transaction of Digital Currencies, regardless if corresponding funds have
been debited from your payment method; (d) restrict your Account;
and/or (e) prohibit access to the Site and its content or tools, delay or
remove hosted content, and take technical and legal measures to keep
users off the Site, all of the aforementioned for any reason whatsoever,
all subject to the Company’s sole discretion, including without
limitation as a result of the following:
(i) violation of these Terms of Use, including without limitations, failure
to pay for any transaction;
(ii) attempts to gain unauthorized access to
the Site or another Member’s account or to provide assistance to
others’ attempt to do so;
(iii) the Company has reasonable suspicion
that a transaction involves illegal activity, including without limitations,
money laundering, terrorist financing, fraud, or any other crime; (iv) the
Company reasonably suspects that your Account or any transaction is
related to prohibited use or is non-compliant with any applicable laws
or regulations;
(v) the Company is requested to do so by a court order,
law enforcement or other government or regulatory order or if your
Account is subject to litigation or investigation;
(vi) you abuse the
Services provided by the Company, including by opening multiple
accounts and/or taking advantages of promotions in bad faith; (vii) any
of the Company’s third party providers denies providing you the
Services;
(viii) the Company believes you are creating problems orpossible legal
liabilities;
(ix) force majeure events, including operational
and technical errors;
(x) no transaction with respect to the Services has
been carried out by you for twelve or more consecutive months;
(xii)
the Company believes that you adversely affect its reputation;
(xiii) the
Company reasonably believes that your Account is associated with any
account that has been suspended or terminated for breach of the
Terms of Use or suspended for any other reason;
(xi) you did not
provide information upon the request of the Company or the
information provided does not meet the Company’s requirements; or
(xii) the Company believes your Account and/or transaction does not
meet the Company's risk tolerance.
Limitations of Liability; Release
8.1. THE SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY,
WHETHER EXPRESS, IMPLIED OR STATUTORY. THE COMPANY
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE COMPANY
DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR
ACCESS TO THE SITE, THE SERVICES, AND/OR ANY PART OR MATERIALS
MADE AVAILABLE THEREIN, WILL BE COMPLETE, ERROR FREE,
CONTINUOUS, UNINTERRUPTED, ACCURATE, THAT DEFECTS WILL BE
CORRECTED, AND/OR THE SERVER THAT MAKES THE SITE AVAILABLE
ARE FREE OF VIRUSES AND BUGS, AND MAKES NO REPRESENTATION
PERTAINING TO THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF
THE MATERIALS AND/OR AS TO RESULTS, OR THE ACCURACY OF ANY
INFORMATION OBTAINED BY YOU THROUGH THE SERVICES AND/OR
SITE. THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE
OF THE SERVICES AND/OR SITE LIES WITH YOU.
8.2. THE COMPANY HAS NO OBLIGATION TO MAINTAIN YOUR
ACCOUNT NAME OR PASSWORD. THE COMPANY SHALL NOT BE LIABLE
IF YOU MISPLACE, FORGET OR LOSE YOUR ACCOUNT NAME OR
PASSWORD BECAUSE OF ANYTHING OTHER THAN THE COMPANY'S
NEGLIGENCE.
8.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL THE COMPANY, ITS AFFILIATES OR SERVICE PROVIDERS, OR
ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT
VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU OR
ANYONE ON YOUR BEHALF FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES OR LOSS OF
ANY KIND, INCLUDING WITHOUT LIMITATIONS, LOSS OF BUSINESS,
PROFITS, REVENUES, DATA, CONTRACTS OR ANTICIPATED SAVINGS,
AND./OR LOSS OR ANY DAMAGE ARISING FROM YOUR USE OF THE SITE
OR SERVICES OR SOFTWARE, WHETHER BASED IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN
CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE
AND/OR SERVICES.
8.4. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION WHICH YOU
MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE,
SERVICES, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR
AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER
BARRED.
WE SHALL NOT BE LIABLE TO YOU IN ANYWAY WHATSOEVER FOR
THE TRANSFER OF ANY AND ALL DIGITAL CURRENCY IF YOU PROVIDE
US WITH ANY INCORRECT AND/OR INCOMPLETE, PUBLIC KEY, AND/OR
DIGITAL WALLET ADDRESS DETAILS. IN ADDITION, WE SHALL NOT BE
LIABLE TO YOU IN ANY WAY WHATSOEVER FOR THE TRANSFER OF ANYAND ALL FIAT MONEY IF YOU
PROVIDE US WITH ANY INCORRECT
AND/OR INCOMPLETE PAYMENT DETAILS.
8.6. The Company specifically makes no warranties, representations or
guarantees regarding the time required to complete processing any
request provided by you, including bank accounts or checks, which are
dependent upon many factors beyond the Company’s control. Without
derogating from the aforementioned, the Company makes
commercially reasonable efforts to process your requests in a timely
manner.
8.7. Although the Company intends to provide accurate and timely
information on the Site (including, without limitation, the Content), 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 be changed or updated from time to time
without notice. 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.
8.8. You further agree that the Company shall not be liable to you or
any third party for any amendment or termination of the Company
Services and/or Terms of Use, or suspension of your access to the
Company Services, except to the extent otherwise expressly set forth
herein.
8.9. Nothing in the Terms of Use will operate so as to exclude any
liability of the Company for death or personal injury that is caused by
the Company's negligence.
8.10. WITHOUT DEROGATING FROM ANY OTHER PROVISION IN THE
TERMS OF USE, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED 50
USD IN AGGREGATE.
8.11. Release. Any disputes between you and any other Member
and/or user of the Site shall be exclusively resolved between you and
such Member and/or user, and you release the Company, its affiliates
and service providers, and each of their respective officers, directors,
agents, joint ventures, employees and representatives from any and all
claims, demands, and damages (actual and consequential) of every kind
and nature arising out of or in any way connected with such disputes.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its
affiliates and service providers, and any of their respective employees,
officers, directors, agents, joint ventures, and representatives, from any
claims, demands, liabilities, damages, or costs (including attorneys'
fees, fines, or penalties) suffered by the Company and arising out of or
related to
(i) breach by you of the Terms of Use;
(ii) your use of the Site
or Services or use by any other person accessing the Site or the Services
using your user identification, whether or not with your knowledge
and/or authorization; or
(iii) any violation by you of any law, rule,
regulation, or the rights of any third party.
Modifications to the Terms of Use
10.1. The Company may amend, modify, update and change any of the
terms and conditions of the Terms of Use from time to time, including
without limitation, as a result of legal and regulatory changes, security
reasons and changes to our Services.
10.2. The Company will notify you of any such amendment, update,
modification or change by publishing a new version of the Terms of Use
on the relevant page of the Site, or by notifying you by email. Any new
version of the Terms of Use will take effect twenty-four (24) hours after
its publication on the Site (or earlier if required by any law, regulation
or directive which applies to either us or you), and your use of the Site
and/or the Services after this period will be deemed to constitute your
acceptance of such new version of the Terms of Use.
10.3. Please check for updates to the Terms of Use on a regular basis.
10.4. If you do not agree with any modification to the Terms of Use,
your sole and exclusive remedy is to terminate your use of the Site
and/or Services and close your Account.
No Financial Advice
For the avoidance of doubt, the Company does not provide any
investment advice, recommendation, or guidance, whether in
connection with the Services or otherwise. We may provide
information on the price, range, volatility of Digital Currency and events
that have affected the price of Digital Currency, but this is not
considered investment advice and should not be construed as such. No
communication between us and you should be considered any form of
investment advice. Any decision to purchase or sell Digital Currency is
your exclusive decision at your own risk and the Company will not be
liable for any loss suffered. You should consult your own legal and/or
tax advisors concerning your specific financial situation.
Lack of Financial Regulation
Our business model and our Services consist of facilitating the buying
and selling of Digital Currency from and to the Company in anunregulated, international,
open payment system. Despite the
aforementioned, certain jurisdictions apply regulations or may apply
such regulations at any time, in which case, the Terms of Use, including
the provision of the Services, may be amended accordingly or
terminated to the extent such amendments are not possible. You agree
and understand that legislative and regulatory changes or actions at a
state, federal, or international level may adversely affect the use,
transfer, exchange, and/or value of Digital Currency.
Know-Your-Customer ("KYC"), Anti-money Laundering (“AML”) and
Counter Terrorist Financing (“CTF”) Procedures
13.1. As part of our commitment to combat financial crimes, we have
implemented procedures and systems aimed at allowing us to identify
and mitigate the risks 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 our Users, the assessment
of AML/CTF risks associated with their activities, and the ongoing
monitoring of transactions made by them.
13.2. Where we have any suspicion that our business relationship with
you, or a specific transaction which you wish to make, involve any risk
of money laundering, terrorism financing or any other financial crime or
prohibited activity, we may, at our sole discretion, refuse to accept you
as a customer, terminate any engagement with you, refuse to process
any transaction, and take any other action we deem necessary,
including reporting our suspicion to the competent legal authorities.
We will not be obligated to inform you of any such action we choose to
take, nor to provide you any explanation of our reasons for taking them
or for our suspicions.
13.3. For the purpose of conducting the abovementioned checks, we
may collect certain personal information about you, either from you or
from external sources. Any such information about you shall be kept
and utilized in accordance with our Privacy Policy. By making any use of
the Site and the Services you represent and warrant that all information
provided by you to us is correct, 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.
Risks
14.1. The trading of goods and products, real or virtual, as well as
virtual (digital) currencies and Gift Cards involves significant risks. Prices
can fluctuate on any given day or Some Gift Cards might not be
redeemable. Due to such price fluctuations, you may increase or lose
value in your assets at any given moment. Any currency, virtual or not,
may be subject to large or sudden shifts in value and may even become
worthless. There is an inherent risk that losses will occur as a result of
buying, selling or trading anything on a market. You should be aware
that the risk of loss in trading or holding Digital Currencies can be
substantial.
14.2. Digital Currency trading also has special risks not generally shared
with official currencies or goods or commodities in a market. Unlike
most currencies, which are backed by governments or other legal
entities, or by commodities such as gold or silver, Digital Currency is a
unique kind of currency, backed by technology and trust. There is no
central bank or government regulator that can take corrective
measures to protect the value of the Digital Currency in a crisis, issue
more currency, or balance the price fluctuations.
14.3. Instead, Digital Currency is an autonomous and largely
unregulated worldwide system of currency firms and individuals.
Traders and market participants put their trust in a digital,
decentralized and partially anonymous system that relies on peer-to-
peer networking and cryptography to maintain its integrity. Thus, the
value of Digital Currency may be derived from the continued willingness
of market participants to exchange Fiat Currency for Digital Currency,
which may result in the potential for the permanent and total loss of
value of a particular Digital Currency should the market for that Digital
Currency disappear.
14.4. Digital Currency trading may be susceptible to irrational (or
rational) bubbles or loss of confidence, which could collapse relative to
demand and supply. For example, confidence in Digital Currency might
collapse as a result of unexpected changes imposed by software
developers or others, a government crackdown, the creation of
superior competing alternative currencies, or a deflationary or
inflationary spiral. Confidence might also collapse because of technical
problems, for example, if the anonymity of the system is compromised,
if money is lost or stolen, or if hackers or governments are able to
prevent transactions from settling.
14.5. Transactions in the Digital Currency may be irreversible, and,
accordingly, losses due to fraudulent or accidental transactions may not
be recoverable.
14.6. Due to the nature of Digital Currency, any technological
difficulties experienced by the Company could prevent the access or
use of a Member’s Digital Currency.
14.7. The abovementioned is not a closed list, there may be additional
risks that we have not foreseen or identified in our Terms of Use. You
should carefully assess whether your financial standing and tolerance
for risk are suitable for buying, selling or trading Digital Currency.
14.8. The Company uses banking providers in order to receive your
funds and to make payments. Our banking providers do not transfer
Digital Currency, exchange Digital Currency, or provide any services in
connection with Digital Currency.
14.9. Markets for Digital Currency have varying degrees of liquidity.
Some are quite liquid while others may be thinner or illiquid. The
Company does not guarantee any profit from trading or any other
activity associated with the site.
14.10. IN LIGHT OF THE ABOVEMENTIONED RISKS, WHICH ARE NOT A
COMPREHENSIVE LIST, YOU SHOULD CAREFULLY CONSIDER IF HOLDING
DIGITAL CURRENCY IS SUITABLE FOR YOU DEPENDING ON YOUR
FINANCIAL CIRCUMSTANCES.
Customer Service
15.1. You hereby expressly consent to us using the contact details
provided by you on registration to occasionally contact you directly in
relation to your use of the Services or any other products or services
offered by us from time to time.
15.2. Customer Feedback.
If you have any questions, feedbacks or
complaints, you may contact Company via Company’s customer
support at support@blamecryptoalwayscom. Please provide identifying
information such as your name, address, and any other information
that the Company may need to identify you, your Account, and/or the
transaction on which you have feedback, questions, or complaints.
15.3. For service quality assurance, calls made by you to the customer
service department may be recorded.
15.4. We will not tolerate any abusive behavior exhibited by users of
the Services to our employees. In the event we deem that your
behavior, via telephone, live chat, email or otherwise, has been abusive
or derogatory towards any of our employees, we shall have the right to
close your Account with us and terminate the Terms of Use and such
act will be considered as a breach of the Terms of Use by you.
General Provisions
16.1 Entire Agreement.
These Terms of Use, comprise the entire
understanding and agreements between you and the Company as to
the subject matter hereof, and 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 you and the Company.
16.2. Section headings in this Agreement are for convenience only, and
shall not govern the meaning or interpretation of any provision of this
Agreement.
16.3. Relationship of the Parties Both you and the Company are
independent contractors, and nothing in these Terms of Use shall be
deemed to create between you and the Company any other form of
relationship, and the parties shall not be deemed to be partners, joint
ventures or agents. You are not authorized to make any obligations on
behalf of the Company.
16.4
Assignment.
You may not assign any rights and/or licenses
granted under these Terms of Use, including without limitation, the
right to use the Account which is exclusively for your personal use. The
Company reserves the right to assign our rights without restriction,including without
limitation to any Company affiliates or subsidiaries, or
to any successor in interest of any business associated with the
Company Services. Any attempted transfer or assignment in violation
hereof shall be null and void. Subject to the foregoing, these Terms of
Use will bind and inure to the benefit of the parties, their successors
and permitted assigns.
16.5.
Severability.
If any provision of these Terms of Use shall be
determined to be invalid or unenforceable under any rule, law or
regulation or any governmental agency, local, state, or federal, such
provision will be changed and interpreted to accomplish the objectives
of the provision to the greatest extent possible under any applicable
law and the validity or enforceability of any other provision of these
Terms of Use shall not be affected.
16.6. Change of Control. In the event
16.6
Change of Control.
In the event that the Company is acquired by
or merged with a third party entity, the Company reserves the right, in
any of these circumstances, to transfer or assign the information that
the Company has collected from you, including any personal
information, as part of such merger, acquisition, sale, or other change
of control.
16.7. Survival.
All provisions of these Terms of Use which by their
nature extend beyond the expiration or termination of these Terms of
Use, including, without limitation, sections pertaining to suspension or
termination, Company Account cancellation, debts owed to the
Company, general use of the Company Site, disputes with Company,
and general provisions.
16.8. Disputes and Governing Law
You and the Company agree that
any dispute arising and relating to these Terms of Use shall first be
resolved by contacting the other party directly in the attempt to reach
an amicable resolution. The Company shall contact you using theinformation you provided
in your Account, and you shall contact the
Company as set forth under Customer Service section.
You and the Company agree that any and all controversies and claims
that cannot be resolved amicably will submitted to the exclusive
jurisdiction of the competent courts located in Port Harcourt, Nigeria
and shall be governed by the laws of Nigeria without giving effect to its
principles or rules of conflict of laws, to the extent such principles or
rules are not mandatorily applicable by statute and would permit or
require the application of the laws of another jurisdiction.
The parties agree to keep confidential all matters relating to the
arbitration, including related court proceedings, if any, to the greatest
extent practicable. For purposes of this arbitration provision,
references to the parties also include respective subsidiaries, affiliates,
agents, employees, predecessors, successors and assigns as well as
Members or beneficiaries of the Company’s Services.
16.9Force Majeure Company 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 labor 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 Company’s reasonable control and shall
not affect the validity and enforceability of any remaining provisions.
16.10 English Language Controls.
Any translation of the Terms of Use,
if provided, is provided for your convenience alone. The meanings of
terms, conditions and representations herein are subject to definitionsand
interpretations in the English language. Any translation provided
may not accurately represent the information in the original English.