The text of this document is the Public Offer Agreement of DQC Capital OÜ, a private limited company incorporated in Estonia with company number 14852215 and whose registered office is Harju maakond, Tallinn, Lasnamäe linnaosa, Peterburi tee 47, 11415, acting on the basis of legislation of Estonia, hereinafter referred to as the Company and includes significant requirements for the provision of information and services.
DQC Capital is an institution licensed and supervised by the Financial Intelligence Unit of Estonia and is entered into the register of the companies holding a valid license on the provision of virtual currency service.
The Public Offer Agreement is an official document published on the Company’s website at: https://www.dqc-capital.com.
In view of the foregoing, the Customer must carefully study the text of this document. In the event that the Customer does not agree with any terms and conditions, he may refuse this Public Offer Agreement, pay and use the Company’s services.
The Agreement of the Public Offer does not require the signature or seals by the Client, while having the legal force of the signed and sealed document.
References in this User Agreement to DQC Capital OÜ, we, our or us, are to DQC Capital OÜ, and references to you or your are to the Client with whom DQC Capital OÜ enters into this User Agreement.
We refer to the Digital Currency Services and Additional Services (all defined below) collectively as the Services.
The Client should be aware that the risk of loss in trading or holding Digital Currencies can be substantial. 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, selling, holding, or investing in digital currencies. Digital Currency Services are regulated by the Financial Intelligence Unit of Estonia. You should carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition.
DQC Capital OÜ is not a credit institution. DQC Capital OÜ does not take deposits or other repayable funds.
Under the terms of this User Agreement, the Company is obliged to provide the Services and the Customer is obliged to pay for these Services.
To be eligible to use any of the Services, you must be at least 18 years old and reside in a country in which the relevant Services are accessible. Please note that not all Services may be available in every country. The list of the Services accessible by country can be found at https://www.dqc-capital.com.
2. Digital Curency Services
2.1 Digital Currency Services.
The following services (the Digital Currency Services) may be provided to you by DQC Capital OÜ:
2.2. Fees. A full list of fees for the Services can be found on the page of the Site: https://www.dqc-capital.com
3. ACCOUNT SETUP
3.1. Registration of Account. To use the Services, you will need to register for an account (a by providing your name, email address and a password and accepting the terms of this User Agreement. By using an Account, you agree and represent that you will use the Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval in accordance with Section 3.2 of this User Agreement. You are fully responsible for all activity that occurs under your Account. We may, in our sole discretion, refuse to open an Account for you, or limit the number of Accounts that you may hold or suspend or terminate any Account or the trading of specific Digital Currency in your account.
3.2 Third party Access. If, to the extent permitted, or as otherwise permitted by you from time to time, you grant express permission to a third party to access or connect to your Account(s), either through the third party’s product or service or through the Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Account(s) and any action of such third party shall be considered to be an action authorised by you. Further, you acknowledge and agree that you will not hold any third person responsible for, and will indemnify the third person from, any liability arising out of or related to any act or omission of any third party with access to your Account(s).
You may change or remove permissions granted by you to third parties with respect to your cc Account(s) at any time through the tabs on the ‘Settings’ page on the Site.
3.3 Identity Verification. The Client is obliged to authenticate himself/herself and to authorize any operations applied for by the Client in such way as required by , using the authentication instruments as required by . 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 Services and to access specific Services, including certain transfers of E-Money and Digital Currency, and the limits that apply to your use of the 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, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details. 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 Section 12 (Data Protection).
You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Services and/or before permitting you to engage in transactions beyond certain volume limits.
4. PAYMENT SERVICES
4.1 Loading. You can load funds into your Wallet using one of the payment methods.
4.2 Purchase or Sale of Digital Currency. You may purchase supported Digital Currency by using E-Money credited to your Wallet.
5. DIGITAL CURRENCY SERVICES
5.1 In General. Your Digital Currency Wallet enables you to send Digital Currency to, and request, receive, and store Digital Currency from, third parties by giving instructions through the Site (each such transaction is a Digital Currency Transaction).
5.2 Fiat Currency Transactions (not using your E-Money Wallet). You may purchase supported Digital Currency by linking a valid payment method to your Digital Currency Wallet. You authorise us to debit funds using your selected payment method(s) to complete your purchase.
5.3 Transaction Fulfilment. We will make reasonable efforts to fulfil 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).
5.4 Availability of Payment Methods. The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third party payment processors.
5.5 Conversion Fees. Each purchase or sale of Digital Currency is subject to a fee (a Conversion Fee).
5.6 Exchange Rates. Each purchase or sale of Digital Currency is also subject to the Exchange Rate for the given transaction.
5.7 Authorisations; Reversals; Cancellations. By clicking the ‘Buy’ or ‘Sell’ button on the Site, you are authorising to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion Fees and Exchange Fees.
5.8 Digital Currency Transactions. We will process Digital Currency Transactions in accordance with the instructions we receive from you.
5.9 Supported Digital Currencies. Our Digital Currency Services are available only in connection with those digital currencies, that supports, and this may change from time to time.
5.10 Recurring Digital Currency Transactions. If you set up a recurring purchase of Digital Currency (a Future Transaction), you authorise us to initiate recurring electronic payments in accordance with your selected Digital Currency Transaction and any corresponding payment accounts, such as direct debits from, or credits to, your linked bank account.
5.11 Third party Payments. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from, or sell to, any third party (including other users of the Digital Currency Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, any third party using Digital Currency transferred using the Digital Currency Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party.
If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Support at [email protected] so that we may consider what action to take, if any.
6. TRANSACTIONS LIMITS AND ENHANCED DUE DILIGENCE
6.1 Transactions Limits. The use of all Services is subject to a limit on the volume, stated in EUR or Digital Currency, you may transact or transfer in a given period (e.g. daily). Please see Appendix 2 (Verification Procedures and Limits) for further details. To view your limits, login to your Account and visit https://www.dqc-capital.com. 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 https://support.dqc-capital.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 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.
7. PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING
7.1 In accordance with applicable law, is obliged to apply due diligence measures stipulated in applicable law aimed at the prevention of money laundering and terrorist financing. Among other measures, is obliged to identify and verify the identity of the Client, the Client’s representative and the beneficial owner(s) of the Client, collect information about the Client and use of the services provided to the Clients and remove any suspicions of money laundering or terrorist financing which may develop with regard to the Client or use of the services provided to the Client.
7.2 The Client is obliged to present with all information and documents, which demands from the Client in order to apply the due diligence measures referred to in Section 7.1 or to perform any other obligations under applicable law.
7.3 The Client undertakes that all information and documents, which the Client presents with are true, accurate and up to date. If any of the information and documents presented to should change, then the Client shall present with the respective updated information and documents. The Client can update the information and documents presented to via the Site or app.
7.4 may collect and/or verify the information and documents presented by the Client also from third parties.
8. SUSPENSION, REFUSAL, TERMINATION, AND CANCELLATION
8.1 Refusal of service. In connection with ’s obligations under applicable law, reserves itself the right to refuse from providing services to the Client, the right to refuse from entering into any User Agreement with the Client and the right to immediately terminate an User Agreement entered into with the Client, in the occurrence of one or several of the following circumstances:
8.1.1 the Client is not:
- at least 18 years of age;
- a resident of a country, in which operates in;
8.1.2 is unable to apply one or several due diligence measures to the Client, including:
- to verify the identity of the Client;
- to identify the Client’s purpose on using ’s services;
8.1.3 The Client does not, regardless of ’s demand, present with additional information and/or documents, which is obliged to collect under applicable law:
8.1.4 The Client has intentionally or due to gross negligence:
- presented with incorrect or insufficient information and/or documents;
- not performed an obligation under this User Agreement; or
- caused damage to or created a threat giving rise to such damage;
8.1.5 suspects that the Client may be involved with or that the services provided to the Client may be used for money laundering, terrorist financing, fraud or any other illegal activity and is unable to remove such suspicions;
8.1.6 There are circumstances related to the Client or a person affiliated with the Client which indicate to a higher risk of money laundering, terrorist financing, fraud or any other illegal activity and, in connection thereof, does not wish to provide services to the Client;
8.1.7 The Client or a person affiliated with the Client is or has been the subject of an international financial sanction;
8.1.8 The Client has overdue payables to for which has the right to claim the Client for interest for late payment;
8.1.9 A competent public authority or another competent authority, including any competent law enforcement authority, supervision authority, tax authority, court or bailiff, has given a lawful order to arrest any Account of the Client or to restrict the services provided to the Client in any other way;
8.1.10 An administrator of an international clearing system, including an international card organization, a correspondent bank of or any other intermediary to the services provided to the Client demands that restricts the services provided to the Client;
8.1.11 may not provide services to the Client under applicable law and/or has the right under applicable law to refuse from providing services to the Client and/or has the right under applicable law to immediately terminate the User Agreement entered into with the Client;
8.1.12 is unable to verify the existence, the right of representation of the representative or a beneficial owner of a Client who is a legal entity;
8.1.13 The share capital of a Client who is a legal entity is composed of bearer shares or other bearer securities;
8.1.14 The Client who is a legal entity is not registered in a country, in which operates in;
8.1.15 there is another good reason.
8.2 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 Account), (b) suspend, restrict, or terminate your access to any or all of the Services, and/or (c) deactivate or cancel your Account with immediate effect for any reason, including but not limited to where:
- we reasonably believe that we need to do so in order to protect our reputation;
- 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;
- we reasonably suspect you of acting in breach of this User Agreement;
- we reasonably suspect you have breached our Policies;
- we have concerns that a transaction is erroneous or about the security of your Account or we suspect the Services are being used in a fraudulent or unauthorised manner;
- we suspect money laundering, terrorist financing, fraud, or any other financial crime;
- use of your 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 Account activity; and / or
- you take any action that may circumvent our controls such as opening multiple Accounts or abusing promotions which we may offer from time to time.
We may also refuse to complete or block, cancel or reverse a transaction you have authorised where there is insufficient E-Money in your E-Money Wallet and / or insufficient Digital Currency in your Digital Currency 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 Account or Digital Currency Wallet is declined.
8.3 If we refuse to complete a transaction and / or suspend, restrict or close your Account, and / or terminate your use of 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 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 Services and/or deactivate or cancel your 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 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 its risk management and security procedures to you.
8.4 Consequences of Termination or Suspension. On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which is subject in any jurisdiction, you are permitted to access your Account for:
- ninety (90) days thereafter for the purposes of transferring Digital Currency and/or your Digital Currency Wallet(s); and/or
- at any point in the six-year period commencing with the date of the termination of the Agreement for the purposes of transferring E-Money.
You are not permitted to use the Services or your Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the Site for you accordingly.
If we suspend or close your account or terminate your use of Services for any reason, we reserve the right to require you to re-complete the procedures before permitting you to transfer or withdraw Digital Currency or E-Money. You may cancel your Account at any time by withdrawing all balances and visiting: https://www.dqc-capital.com. You will not be charged for cancelling your Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation.
9.1 Release of . If you have a dispute with one or more users of the Services, you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint ventures, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.
9.2 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 User Agreement (including without limitation your breach of Policies or your violation of any law, rule or regulation, or the rights of any third party.
9.3 Limitations of Liability. DQC Capital OU’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 of this User Agreement shall be limited to a maximum aggregate value of the combined value of the Digital Currency and E-Money on deposit in your E-Money Wallet and your Digital Currency Wallet at the time of the relevant claim. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.
9.4 Limitation of loss. In addition to the liability cap at Section 9.3 (Limitations of Liability) 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 User Agreement or otherwise:
any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading 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 combined value of the supported Digital Currency and E-Money at issue in the transaction, and that you may not recover for any loss of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell;
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;
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
any loss or damage whatsoever which does not arise directly as a result of our breach of this User Agreement (whether or not you are able to prove such loss or damage).
9.5 Applicable law. User Agreements shall be subject to Estonian law. The limitation of liability in this Section 9 (Liability) 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 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.
9.6 No Warranties. The Services are provided on an as is and as available basis, with no further promises made by us around availability of the 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 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, credit and debit cards are processed in a timely manner but makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and cheque issuances are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
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 you use and access of the Services and Site.
9.7 No Liability for Breach. We are not liable for any breach of the User 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 effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
9.8 No Liability for Restrictions. shall not be liable for any damaged caused to the Client by restricting services in case has applied the restrictions in good faith, including in case it later becomes apparent that there were no actual grounds for applying the restrictions.
10. SITE AVAILABILITY AND ACCURACY
10.1 Access & Availability. Access to the 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.
Although we strive to provide you with excellent service, we do not guarantee that the Site or other Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open; and please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues.
shall not be liable for any losses resulting from or arising out of transaction delays.
10.2 Website Accuracy. Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content (as defined below)) 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.
11. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION
11.1 Contact . If you have any feedback, questions, or complaints, contact us via our ‘Customer Support’ webpage at https://www.dqc-capital.com or or write to us at:
Customer Support, Harju maakond, Tallinn, Lasnamäe linnaosa, Peterburi tee 47, Estonia, 11415.
When you contact us please provide us with your name, email address, and any other information we may need to identify you, your Account, and the transaction on which you have feedback, questions, or complaints.
11.2 Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via our Customer Support webpage. A customer complaints officer (an Officer) will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided, and any information provided by .
Within 15 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an email (Resolution Notice) in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to your complaint within 15 business days for reasons beyond ‘s control, the Officer will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint.
Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
If has not replied to a duly submitted consumer complaint within 15 days, then the consumer has a right to seek recourse from the Estonian Consumer Protection Board. The terms for seeking recourse from the Estonian Consumer Protection Board are stipulated in more detail on the website of the Estonian Consumer Protection Board at www.tarbijakaitseamet.ee.
11.3 Arbitration. The Parties shall resolve any dispute arisen under a User Agreement by negotiation. If the parties are unable to resolve the dispute by negotiation, then the dispute shall be resolved in the court in Estonia, unless in case applicable law imperatively stipulates otherwise.
12. DATA PROTECTION
- your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
13.1 Password Security. In order to access Services you will be required to use a password. You are responsible for keeping the electronic device through which you access the Services safe and maintaining adequate security and control of any and all security details that you use to access the 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 Account by third-parties and the loss or theft of any E-Money, Digital Currency and/or funds held in your Account and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times.
You are obliged to memorize a password, PIN-code and any other reusable knowledge-based authentication instruments. You may not store such authentication instruments on paper, as a digital file or in any other way which enables to restore the respective authentication instruments. You are obliged to destroy all papers, digital files and other carriers which contain any knowledge-based authentication instruments and exercise other reasonably necessary measures to keep the authentication instruments confidential. You are obliged to change its knowledge-based authentication instruments from time to time. Upon changing any knowledge-based authentication instruments, You may not reuse any such knowledge-based authentication instruments, which You have already used before.
You should never allow remote access or share your computer screen with someone else when you are logged on to your Account. will never under any circumstances ask you for your IDs, passwords or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your amount unless another specifically authorised. Always log into your Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of and/or failure to follow the requirements set out in this Section 13.1, or follow or act on any notices or alerts that we may send to you.
13.2 Authentication and Verification. Users are responsible for keeping electronic devices through which Services is accessed safe and maintaining adequate security and control of any and all security details that are used to access the Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user’s Account by third-parties and the loss or theft of any E-Money, Digital Currency and/or funds held in your Account and the misuse of any associated accounts, including linked bank account(s) and credit/debit card(s).
13.3 Security Breach. If you suspect that your Coinbase 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 Coinbase (together a Security Breach), you must:
- notify Support as soon as possible by email at: [email protected], or by calling us;
- continue to provide accurate and up to date information throughout the duration of the Security Breach; and
- replace the respective authentication instrument with a new one; and
- You must take any steps that we reasonably require to reduce, manage or report any Security Breach.
Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
13.4 Safety and Security of Your Computer and Devices. DQC Capital OU 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 email and other services are vulnerable to spoofing and phishing attacks and should use care in reviewing any messages purporting to originate from us.
14.1 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 Services.
14.2 Limited License. We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this User 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 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.
14.3 Prohibited and Conditional Use. 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.
By sending, receiving, buying, selling, trading or storing Digital Currency through the Site or Services, you agree that you will comply with those requirements. You are not permitted to acquire Digital Currency or use any of the Services through the Site if:
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, the European Union or HM Treasury’s financial sanctions regimes (each a Sanctioned Country), or if you are a person on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or the EU or HM Treasury’s financial sanctions regime (a Sanctioned Person); or you intend to supply any acquired or stored Digital Currency or Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
14.4 Amendments. We will notify of you any change to the User Agreement relating to E-Money Services by email at least two months in advance. 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 Services. If you do not accept the change you should let us know, and the Agreement will terminate at the end of the two-month notice. You may also end the User Agreement immediately and free of charge with effect at any time before the expiry of the two-month notice.
We may make all other amendments to this User Agreement (including in relation to any other Services) by posting the revised User Agreement on the Site or by emailing 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 User Agreement shall be effective immediately and if you do not agree with any such modification, you should close your Account and cease using the Services.
Copies of the most up-to-date version of the User Agreement will be made available in the Site at all times and will be provided to you by email on your request.
14.5 Relationship of the Parties. Nothing in this User Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or to be treated as partners or joint ventures, or either you or to be treated as the agent of the other.
14.6 Privacy of Others. If you receive information about another user through the Services, you must keep the information confidential and only use it in connection with the Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through the Services.
14.7 Contact Information. You are responsible for keeping your email address and telephone number up to date in your 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).
14.8 Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities.
14.9 Entire Agreement. This User Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and 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 User Agreement), and every nature between and among you and .
14.10 Interpretation. Section headings in this User Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this User Agreement.
14.11 Transfer and Assignment. This User 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 or other corporate reorganisation involving , provided that this transfer or assignment does not materially impact the quality of the Services you receive. Subject to the foregoing, this User Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
14.12 Security Interests. You must not create security over your E-Money or Digital Currency unless we say you can in writing.
14.13 Invalidity. If any provision of this User Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.
14.14 Enforcement of Our Rights. We may not always strictly enforce our rights under this User Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.
14.15 Language. This User Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this User 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 User Agreement or other documents shall prevail.
14.16 Change of Control. In the event that is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this User Agreement) as part of such merger, acquisition, sale, or other change of control.
14.17 Survival. All provisions of this User Agreement which by their nature extend beyond the expiration or termination of this User Agreement, including, without limitation, the Sections relating to suspension or termination, Account cancellation, debts owed to , general use of the Site, disputes with , and general provisions will continue to be binding and operate after the termination or expiration of this User Agreement.
14.18 Governing Law and Jurisdiction. This User Agreement will be governed by Estonian law and the exclusive jurisdiction of the Estonian courts. However, if you are an individual not engaged in conduct related to your trade, business or profession, and you are resident outside Estonia, you may also petition the courts of the jurisdiction in which you reside (Home Jurisdiction) and the law governing this User Agreement may include any such consumer laws of your Home Jurisdiction that provide greater consumer protection than is available under Estonian law.