USING OUR SERVICES
By visiting, accessing, or using Electroneum, you have indicated that you have the legal capacity to enter into these Terms and Conditions between you and Electroneum Ltd., and agree to be legally bound by the terms and conditions in their entirety.
Feel free to print and keep a copy of these Terms and Conditions, but please understand that we reserve the right to change any of these terms and conditions at any time. But don’t worry, you can always find the latest version of these Terms and Conditions here on this page. Visiting, accessing, or using any services provided by Electroneum Ltd. (“Service”, “Services”) following any change to these Terms and Conditions is considered to be your acceptance of any such changes. You should, therefore, read these Terms and Conditions from time to time. If you do not agree to be legally bound by these Terms and Conditions, you should not visit, access, or use any services of Electroneum Ltd.
As used herein, “Digital Asset” means a digital asset (also called a “cryptocurrency,” “virtual currency,” “complementary currency,” “digital currency,” or “digital commodity”), such as Electroneum, Bitcoin or Ethereum, which is based on the cryptographic protocol of a computer network that may be (i) centralised or decentralised, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value.
We do not sell any Digital Assets, but rather provide a service to facilitate the sending and receiving of Digital Assets and a service to distribute Digital Assets to other users of the service where applicable.
FRAUDULENT ATTEMPTS TO DOUBLE SPEND ETN
We will monitor all potential transactions for fraudulent attempts to double spend.
Any detected double spend will result in blocking of access to the service.
We make no representations concerning the tax implications of the use of Digital Assets. You bear the sole responsibility to determine if your use or ownership of Digital Assets has tax implications in the your home jurisdiction.
You may be contacted by email in any regard to your account. Such emails will be informational only.
We will never request any security information via an email.
The Company is an independent contractor for all purposes, and is not your agent or trustee.
Accuracy of Information
You represent and warrant that any information you provide via the Services is accurate and complete. You acknowledge and agree that the Company is not responsible for any errors or omissions that you make in connection with any transaction initiated via the Services. For instance, if you mistype an account address or otherwise provide incorrect information in connection with any transaction request to send via the Service, the transaction will be sent to whatever account address or information you provide. We strongly encourage you to review your transaction request details carefully before completing any transaction requests via the Services.
No Cancellations or Modifications
Once a transaction request has been submitted, the services will automatically complete or reject the request and you will not be able to cancel or otherwise modify your transaction request. The Company has no deeper control over the blockchain than anyone else and does not have the ability to facilitate any cancellation or modification requests. As a result, all transaction requests initiated via the Services are irreversible.
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
1. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
2. Use our Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money-laundering, or terrorist activities;
3. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
4. Use or attempt to use another user’s account without authorisation;
5. Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorised to access;
6. Introduce to the Services any virus, trojan worms, logic bombs or other harmful material;
7. Develop any third-party applications that interact with our Services without our prior written consent;
8. Provide false, inaccurate, or misleading information; and Encourage or induce any third party to engage in any of the activities prohibited under this Section.
INTERNET TRANSMISSION RISKS. WE WILL MAKE ALL REASONABLE EFFORTS TO ENSURE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES IS SECURE NOT INTERCEPTED OR LATER ACQUIRED BY UNAUTHORISED PARTIES, HOWEVER YOU ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH UTILISING AN INTERNET-BASED SERVICE SYSTEM INCLUDING, BUT NOT LIMITED TO, THE FAILURE OF HARDWARE, SOFTWARE, AND INTERNET CONNECTIONS. YOU ACKNOWLEDGE THAT ELECTRONEUM LTD. SHALL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS, LOSSES OR DELAYS YOU MAY EXPERIENCE WHEN UTILISING THE ELECTRONEM SERVICES, HOWSOEVER CAUSED.
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL ELECTRONEUM LTD., OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DIGITAL ASSETS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE ELECTRONEUM LTD. MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ELECTRONEUM LTD. OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, ACCOUNT DATA BEING “BRUTEFORCED”, SERVER FAILURE OR DATA LOSS, FORGOTTEN LOGIN DETAILS, CORRUPTED ACCOUNT FILES, INCORRECTLY CONSTRUCTED TRANSACTIONS OR MISTYPED WALLET ADDRESSES; OR UNAUTHORISED ACCESS TO MOBILE APPLICATIONS, “PHISHING,” THIRD-PARTY ATTACKS OR ANY OTHER UNAUTHORISED THIRD-PARTY ACTIVITIES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO THE RECORDS, PROGRAMS OR SERVICES OF ELECTRONEUM LTD.
In the event of any Force Majeure Event (as defined below), breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for the Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, the Company will attempt to return any Funds stored in your Account not otherwise owed to the Company by giving you access directly to the blockchain via a pair of private keys that will be supplied to you, unless the Company believes you have committed fraud, negligence or other misconduct.
Force Majeure Events
The Company will not be liable for any loss or damage arising from any event beyond the Company’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction (each, a “Force Majeure Event”).
Jurisdiction and Governing Law
All disputes, controversies or claims arising out of, relating to, or in connection with the Terms, the breach thereof, or the use of the Electroneum App or Electroneum website(s), shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules. All claims between the parties relating to these Terms that are capable of being resolved by arbitration, whether sounding in contract, tort, or otherwise, shall be submitted to ICC arbitration.
Prior to commencing arbitration, the parties have a duty to negotiate in good faith and attempt to resolve their dispute in a manner other than by submission to ICC arbitration.
The arbitration panel shall consist of one arbitrator only, unless the ICC Court of Arbitration determines that the dispute is such as to warrant three arbitrators. If the Court determines that one arbitrator is sufficient, then such arbitrator shall be selected from England. If the Court determines that three arbitrators are necessary, then each party shall have 30 days to nominate an arbitrator of its choice in the case of the Claimant, measured from receipt of notification of the ICC Court’s decision to have three arbitrators; in the case of Respondent, measured from receipt of notification of Claimant’s nomination. All nominations must be from England. If a party fails to nominate an arbitrator, the Court will do so. The Court shall also appoint the chairman.