TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES AND DIGITAL CONTENT FOR THE USE OF ETN TOKENS
This agreement is written in English. To the extent that any translated version of this agreement conflicts with the English version, the English version prevails.
Date of last revision: (updated March 2024).
YOUR PARTICULAR ATTENTION IS DRAWN TO CLAUSES 3, 4, 5, 7, 16, 20, 30 AND 32 OF THESE TERMS AND CONDITIONS.
- These terms
- Information about ETN
- Acceptance of terms
- Anti money-laundering and terrorist financing
- High-risk countries and/or National prohibitions
- Unacceptable behaviour
- ETN and blockchain technology
- ETN transactions
- Transaction (TX) Fees
- Minimum withdrawal limit
- Instant payment system
- Trading considerations
- Regulatory status
- Taxation
- Information provided by us
- User restrictions
- You must keep your account details safe
- Your wallet ID
- Unsolicited transfers to us
- Private key and wallet security
- ETN App and ETN Wallet
- ETN Wallet
- Digital Content downloads
- Licence
- Licence restrictions
- New releases and updates
- System requirements
- Our obligations to you
- Prohibited uses
- Our liability to you
- Intellectual Property Rights
- Term and termination
- Our rights to make changes
- Other terms may also apply
- How we use your personal information
- Who we are and how to contact us
- Our Services and the Digital Content
- Other important terms
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products or services to you, whether these are services or any form of digital content made available for the purposes of using ETN tokens. You must also comply with the “Best Practice” guidance set out on our website (as amended from time to time).
1.2 What these terms do not cover. These terms and conditions do not cover:
1.2.1 ETN tokens themselves or their use other than in connection with the Services and the Digital Content; or
1.2.2 Your use of Electroneum’s website (including the services and/or tools made available through it).
1.3 Why you should read them. Please read these terms carefully before you use any Services or the Digital Content. These terms tell you who we are, how the Services or the Digital Content will be made available to you, how you and we may change or end the contract and other important information.
2. INFORMATION ABOUT ETN
2.1 What is ETN? Electroneum has created a cryptocurrency called “ETN”:
2.1.1 ETN is a type of cryptoasset, a cryptographically stored representation of value which uses distributed ledger technology and which can be transferred, stored or traded electronically.
2.1.2 More specifically, ETN is an exchange token: it is not issued or backed by any central authority and is intended to function as method of payment or making charitable donation.
2.1.3 ETN tokens do not provide their holders with particular interests in any business, nor do they provide rights such as asset ownership, repayment of a specific sum of money or entitlement to a share in future profits.
2.1.4 Other than insofar as they can be used as a means of exchange or making charitable donation, ETN tokens are not redeemable for access to any specific goods or services.
2.1.5 ETN tokens do not represent tangible or physical assets that exist outside of the ETN blockchain.
3. BY USING THE SERVICES OR THE DIGITAL CONTENT YOU ACCEPT THESE TERMS
3.1 By using the Services or the Digital Content, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use the Services or the Digital Content.
3.2 You accept and acknowledge that where additional functionality is made available to you through the ETN App (for example the purchase of third party goods, services or digital content) additional terms and/or charges shall also apply, including terms required by third party providers or their agents. It is a condition of your use of such functionality that you read and accept such third party terms and/or charges and you acknowledge that we have no liability to you in respect of such third party goods, services or digital content which are only made available to you through the ETN App for convenience.
4. ANTI MONEY-LAUNDERING AND TERRORIST FINANCING
4.1 Pursuant to our obligations under global anti-money laundering and counter-terrorist financing legislation, we are required to undertake due diligence, source of funds and “know your client” checks on users of the Services and the Digital Content. We may use third party providers to assist us with these due diligence checks.
4.2 We will employ various levels of due diligence as may be required by legislation in force from time to time and relevant to the jurisdiction(s) in which you are domiciled and/or access the Services and the Digital Content and on the value of ETN you propose to hold or transfer.
4.3 The limits which affect the levels of due diligence that must be performed are set out in the table below. Tier 1, Tier 2 and Tier 3 relate to the levels of due diligence and the types of information ETN-CWP may request from you, with Tier 1 requiring only basic information (such as email address and telephone number) and Tier 3 requiring full due diligence. The values of Balance Limit A, Balance Limit B and Balance Limit C, and the types of information ETN-CWP require from you in respect of Tier 1, Tier 2 and Tier 3 can be found on the website. We may amend this table from time to time and we will notify you when we do.
| Value of current balance of ETN in your ETN Wallet plus the cumulative value received by you in the preceding 3 months. | Tier 1 | Tier 2 | Tier 3 |
|---|---|---|---|
| Balance Limit A | X | ||
| Balance Limit B | X | X | |
| Balance Limit C | X | X | X |
4.4 If you wish to access certain functionality within the Services, and/or the Digital Content, or where the ETN balance held in your ETN Wallet or any offline wallet (“Paper Wallet(s)”) falls within the limits in the table set out in clause 4.3, ETN-CWP may require additional disclosures of information from you. The information ETN-CWP request may include personal information, including, but not limited to, your name, postal address, e-mail address, telephone number, date of birth, country of origin, tax identification number, government issues identification number, and bank account information and in certain circumstances proof of source of funds.
4.5 You must comply with ETN-CWP’s due diligence requirements in order to continue using the Services and the Digital Content. If you fail to do so we may temporarily or permanently, suspend or withdraw your right to use the Services or the Digital Content without further liability to you.
5. HIGH RISK COUNTRIES AND/OR NATIONAL PROHIBITIONS
5.1 If it appears that you are accessing or attempting to access the Services and Digital Content from a country which is, from time to time, designated as a “high-risk third country” by the European Commission or as a “high risk and other monitored jurisdiction” by the Financial Action Task Force (FATF), we may temporarily or permanently, suspend or withdraw your right to use the Services and Digital Content (or any part of them) without liability to you.
5.2 We may also temporarily or permanently, suspend or withdraw your right to use the Services and Digital Content (or any part of them) at any time, without liability to you, if there are any national prohibitions or restrictions in any jurisdiction relevant to you, which we consider apply to you or us.
5.3 We do not warrant, represent or guarantee that your use of ETN tokens, the Services and/or the Digital Content is legal, appropriate for use or available in your territory. You are responsible for ascertaining and monitoring the legal status of ETN tokens, the Services and/or the Digital Content in your territory and you do this at your own risk.
6. UNACCEPTABLE BEHAVIOUR
6.1 In your interactions with us (written or spoken), you must not behave in any way that that could cause our staff to feel afraid, threatened or abused. This includes threatening messages, emails, telephone calls, meetings and comments on social media or elsewhere. For example:
6.1.1 insulting or degrading language, including inappropriate humour, innuendo or malicious allegations;
6.1.2 any form of physical violence or threats of physical violence;
6.1.3 derogatory, racist, sexist, ageist, or homophobic remarks; and
6.1.4 comments relating to disability, perceived gender, religion, belief, or any other personal characteristics.
6.2 We do not expect our employees to tolerate unacceptable behaviour. If we deem that your behaviour is unacceptable, we have the right to:
6.2.1 not reply to an unacceptable communication from you;
6.2.2 suspend or terminate communications with you altogether;
6.2.3 temporarily or permanently, suspend or withdraw your right to use the Services or the Digital Content without further liability to you;
6.2.4 refer the matter to the police where a criminal offence has been threatened or committed.
6.3 Before taking such action, we will always warn you that you are behaving in an unacceptable way to give you a chance to change your behaviour. However, a warning will not be given in extreme cases to protect our staff, for example, when a physical threat is made.
7. ETN AND BLOCKCHAIN TECHNOLOGY
7.1 ETN is a type of cryptoasset, more particularly described in clause 2.1 above.
7.2 The ETN blockchain is a public ledger of transactions and when you transact with third parties using ETN (or otherwise transfer ETN), users of the ETN blockchain independently verify the validity of your transactions.
7.2.1 In engaging in transactions using ETN the data relating to your transactions, including your public key, is shared with each user of the ETN blockchain.
7.2.2 For every transaction that uses the ETN blockchain, the source and destination ETN address(es) are publicly visible in unencrypted format, alongside the nominal amounts sent and received by those addresses.
7.2.3 It will be possible for anyone to look up the sum total of ETN both sent and received by any ETN address in transactions that have been confirmed through the ETN blockchain.
7.3 We do not control the ongoing state and/or speed of ETN’s blockchain as this is determined by the transactions made between users. The processing of these transactions may be facilitated using the Services and/or the Digital Content, however we are in no way a party to or responsible for any such transactions.
7.4 The ETN Network (or any member of it) does not store, sell, send or receive ETN on behalf of users. The Services facilitate the sending and receiving of ETN between users. The ETN Network is not responsible (and shall have no liability to you) for issues including (but not limited to) slow network speeds and technical errors within the operation of the ETN blockchain or any node run or maintained as part of the ETN blockchain infrastructure.
8. ETN TRANSACTIONS
8.1 Due to the nature of the ETN blockchain, ETN transactions cannot be reversed or cancelled. We will not be responsible for any loss or damage suffered by you for transactions executed by you or any third party including (but not limited to):
8.1.1 sending ETN to the incorrect recipient;
8.1.2 sending a recipient the incorrect amount of ETN in respect of any transaction;
8.1.3 failing to include a payment ID with a transaction;
8.1.4 the time taken to transmit or receive ETN (because the speed and operation of the network is outside of our control); or
8.1.5 any other error.
8.2 Where you avail yourself of additional functionality as set out in 3.2 above, for example the purchase of third party goods, services or digital content, you irrevocably instruct us to send and receive transfers of ETN through your ETN Wallet on your behalf for the purposes of meeting your obligations under those transactions and you acknowledge and accept that we have no liability to you in respect of such transactions (including without limitation where you suffer loss or damage as a result of any act or omission by a third party agent and/or provider of goods, services or digital content) and that you are primarily responsible for any additional terms and/or charges imposed by such third party agents and/or providers of goods, services or digital content and you shall hold us harmless in respect of the same.
9. TRANSFER (TX) FEES
9.1 Please note that ETN-CWP may apply the TX Fees set out below to any transfer (including the import of ETN from any offline wallet to any ETN Wallet) of ETN, regardless of whether:
9.1.1 the wallet was developed by us;
9.1.2 whether the wallet is an ETN Wallet, a Paper Wallet or any other type of wallet; or
9.1.3 whether the sending and receiving wallets are controlled by the same or different users.
9.2 Each transfer of ETN is subject to a TX Fee which is set at a minimum of 0.1 ETN (“Minimum TX Fee”). The TX Fee is based on many factors including the number of blockchain inputs, speed of desired TX on the ETN blockchain and the number of splits required to create a TX of the required size.
9.3 To cover the TX Fee, ETN-CWP will deduct an “Automatic Handling Fee” from the sending user’s wallet when the sender initiates a transfer. ETN-CWP will then refund any unused part of the Automatic Handling Fee once it has calculated the TX Fee and the receiving user confirms that it has received the transferred ETN.
9.4 The Automatic Handling Fee is currently 5 ETN. ETN-CWP may change the Minimum TX Fee or the Automatic Handling Fee at any time and will communicate changes to users via Electroneum’s and/or ETN-CWP’s website before doing so.
9.5 Transfers of ETN will be subject to the sending user having sufficient funds in their wallet to meet the Automatic Handling Fee in addition to the amount of ETN you wish to transfer.
10. MINIMUM WITHDRAWAL LIMIT
Although some cryptocurrency exchanges may support trading prices up to 6 decimal places, the Services and the Digital Content do not permit you to withdraw or transfer less than 0.01 ETN in any single transaction. This is subject also to the Automatic Handling Fee and Minimum TX Fee set out in clause 9.
11. INSTANT PAYMENT SYSTEM
11.1 “Instant Payment System” is a payment mechanism through the ETN App which enables you to transfer ETN from your ETN Wallet to another user’s ETN Wallet and you will be notified instantly that the transfer will take place (“Instant Payment”). The Instant Payment System can only be used between ETN Wallets developed by Electroneum and operated by ETN-CWP and cannot be used when transferring ETN to a Paper Wallet or to a third party wallet (e.g. to an exchange).
11.2 To make an Instant Payment, the intended recipient of the ETN must use the ETN App to display a QR Code which identifies the recipients ETN Wallet and the amount of ETN to be transferred. When the sender scans the QR Code using the ETN App they will be asked to confirm they want to proceed with the transfer. Confirmation by the sender that they want to proceed with the transfer is their irrevocable instruction and confirmation and acceptance to us by the sender and recipient that:
11.2.1 the sender’s ETN Wallet can be automatically checked to confirm there is sufficient ETN in the ETN Wallet;
11.2.2 the amount of ETN to be transferred by the sender will be locked meaning the sender will be unable to reverse or cancel the transfer; and
11.2.3 the sending of the ETN can be initiated.
11.3 If the sender does not have sufficient ETN in their ETN Wallet (see clause 9), the Instant Payment will fail.
11.4 The Instant Payment System does not facilitate the instant transfer of ETN. Instead, it is an irrevocable notification that the transaction will ultimately be submitted to the blockchain.
11.5 When you make an Instant Payment, your email address will be shared with the recipient of the ETN to facilitate the payment and to help the recipient to resolve any potential disputes.
11.6 If you are a vendor, whether you are using the Instant Payment System to receive payment in return for goods and/or services offered by you or accepting ETN in any other way, you agree to make available (and keep up-to-date) from time to time certain details about your business which will be listed in an information directory created and maintained by us (Vendor Directory) and promoted (at our discretion) under the “ETN Everywhere” brand (or as we otherwise determine from time to time).
11.7 We have no liability to the sender or the recipient using the Instant Payment functionality.
11.8 Each Instant Payment is subject to the payment of a transfer fee in addition to the fees set out in clause 9 above.
12. TRADING CONSIDERATIONS
12.1 ETN is traded on cryptocurrency exchanges worldwide. We do not trade ETN; ETN-CWP make tools available by which ETN may be sent and received as between users.
12.2 There are many factors that you should consider before trading ETN, for example the prospects of price fluctuation, risk to your capital and market illiquidity. Past performance is not an indication of future performance and the value of ETN may go down as well as up.
12.3 Your use of ETN on a cryptocurrency exchange will be subject to that exchange’s terms of service, which is out of our control.
12.4 Although ETN is listed on several cryptocurrency exchanges, we are in no way affiliated with any exchange.
12.5 We shall be in no way liable for any loss or damage you may incur as a result of your use of cryptocurrency exchanges or engaging in trading ETN.
13. REGULATORY STATUS
13.1 ETN is not an investment product or other type of financial instrument which is currently directly regulated in under English law (which is a jurisdiction we have chosen due to the global nature of our business) by bodies such as the Financial Conduct Authority.
13.2 Electroneum itself does not carry out (nor has it ever carried out) any financial services activity currently directly regulated in England by bodies such as the Financial Conduct Authority.
13.3 Users of ETN tokens or the Services and/or the Digital Content do not benefit from protections such as the Financial Services Compensation Scheme or the Financial Ombudsman Service.
13.4 Whilst the activities of each member of the ETN Network are compliant with the legal obligations for the respective jurisdiction in which that member is based, we do not warrant, represent or guarantee that your use of ETN tokens, the Services and/or the Digital Content is legal, appropriate for use or available in your territory. You are responsible for ascertaining and monitoring the legal status of ETN tokens, the Services and/or the Digital Content in your territory and you do this at your own risk.
14. TAXATION
14.1 We make no representation as to the tax status of your use of ETN or the Services or the Digital Content.
14.2 You are solely responsible for determining your tax liability in relation to your use or transfer of ETN or the Services and the Digital Content and must take your own tax and other professional advice in your territory.
15. INFORMATION PROVIDED BY US
15.1 The information provided by us (other than specific technical information) is:
15.1.1 provided in good faith and for general information only. Whilst we take reasonable steps to ensure that it is correct, but we cannot guarantee that it is the most up-to-date information at all times; and
15.1.2 not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of any information generally provided by us.
16. USER RESTRICTIONS
16.1 The Services and the Digital Content are directed at users aged 14 or older only. Where we have reason to believe you are under the age of 14 or clauses 5 or 13.4 are relevant, we reserve the right to take any of the actions described in clause 32 below.
17. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
17.1 When you use the ETN Wallet or ETN App, you will be asked to provide a password and pin number. You must keep your password, pin number and all other information provided as part of our security procedures safe and confidential. You must not disclose this information to any third party.
17.2 You must use a unique password and pin number which you do not use for any other service, product or digital content.
17.3 You are responsible for ensuring and maintaining the security of any device on which you use or access the Services or the Digital Content.
17.4 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at https://support.electroneum.com.
17.5 You must also comply with the “Best Practice” guidance set out on our website (as amended from time to time).
18. YOUR WALLET ID
For security and technical operational purposes, we may in exceptional circumstances need to change your wallet ID. Where we need to do so we will provide you with reasonable notice and you agree to provide us with all reasonable information and assistance in making such changes.
19. UNSOLICITED TRANSFERS TO US
19.1 Where unsolicited transfers of ETN or any other cryptocurrency are made to any online wallet or wallet owned or operated by us, we are under no obligation or duty to return such ETN or other cryptocurrency and such funds may be retained, suspended or isolated in some other way at our discretion, pending investigation and/or resolution of the underlying reasons for that unsolicited transfer.
19.2 Where we have reason to believe that an unsolicited transfer of cryptocurrency may involve an attempt to conduct unlawful activities, we will report such transfers to the relevant legal, regulatory or enforcement authorities. We will co-operate with those authorities during any subsequent investigation or prosecution.
20. PRIVATE KEY AND WALLET SECURITY
20.1 ETN can be stored in ETN Wallets, Paper Wallets and in other types of wallet not developed or provided by us. You can access your ETN Wallet via the ETN App or the ETN-CWP pages of Electroneum’s website.
20.2 You:
20.2.1 must keep your private keys safe at all times and must not disclose or transfer (or permit to be disclosed or transferred) such keys to any third party than in the course of transferring ETN into an ETN Wallet;
20.3 ETN-CWP keep the private keys for your ETN Wallet. ETN-CWP endeavour to make all reasonable efforts to maintain the security of your ETN Wallet private keys by taking precautions including (but not limited to):
20.3.1 encryption of your private spend key within our database;
20.3.2 encryption of the file system on which your encrypted private keys’ access codes are stored; and
20.3.3 firewalling of the access to the encrypted file storage in which your encrypted private keys’ access codes are stored.
20.4 ETN-CWP cannot warrant, represent or guarantee the security of your ETN Wallet or use of the ETN App. If any third party gains access to your private keys, your ETN may never be recovered.
20.5 You must comply with the 'Best Practice' guidance set out on our website (as amended from time to time).
21. ETN APP AND ETN WALLET
21.1 The ETN App is provided by ETN-CWP and can be accessed only through links on https://electroneum.com.
21.2 The ETN Wallet is provided by ETN-CWP and can be accessed only through links on https://electroneum.com.
22. SELFIE AUTHENTICATION FOR KYC AND AML VERIFICATION
22.1 In order to use the ETN App and /or ETN Wallet you may be required to submit self-taken images (“Selfies”). This is a method by which we verify that you are not a bot and to comply with the KYC (Know Your Client) and AML (Anti Money Laundering) checks that are carried out by RCM.
22.2 If you are required to submit Selfies to us, you must not send any image or other materials which we deem to be contrary to these terms and conditions (“Non-Compliant Materials”). Non-Compliant Materials includes (without limitation) images which:
22.2.1 Contain nudity;
22.2.2 Include or contain sexually explicit material;
22.2.3 Include, contain or promote violence or sexual misconduct;
22.2.4 Include, contain or promote content which could reasonably be considered threatening to others (whether to us, our staff or any third party);
22.2.5 Include or contain an individual who you know or reasonably suspect to be below the age of 14; or
22.2.6 Include, contain or promote content which is otherwise illegal or discriminatory.
22.3 If you do submit any Non-Compliant Materials to us, we may take such action as we deem appropriate as further detailed in clause 32.
22.4 Any Selfies submitted to us will be used in accordance with our Privacy and Cookies Policy.
22.5 We may provide further guidance on the submission of self-taken images from time to time and you must comply with this guidance. Please visit https://electroneum.com/ for more information.
23. DIGITAL CONTENT DOWNLOADS
23.1 ETN-CWP make the Digital Content available for use and download only through links on (https://electroneum.com) which links to the Google Play Store and Apple App Store (“Approved Marketplaces”). You must only use the Services or download the Digital Content via Electroneum’s website link to the Approved Marketplaces. Digital Content does NOT include any third party content or plug-ins which may be linked to from Electroneum’s website.
23.2 All Digital Content is made available by ETN-CWP on Approved Marketplaces is described as being developed by us. If you wish to download the Digital Content, you should do so only after following links contained on the official website. We do not endorse and are in no way affiliated with any other platforms or software which purport to provide access to, or integrate with, the Services or the Digital Content.
23.3 Whilst we make reasonable efforts to get taken down from the Approved Marketplaces or elsewhere any malicious fake, scam or cloned mobile applications, software, websites or other content which purports to be affiliated with us, we shall be in no way liable for any loss or damage you may incur as a result of your use or download of such mobile applications.
24. LICENCE
24.1 In return for your agreeing to comply with these terms you may:
24.1.1 access and use any of the Digital Content on a non-exclusive, non-transferable basis without the right to grant sub-licences; and
24.1.2 use the Services for your own use but not on behalf of any third party, regardless of whether this use is for commercial gain or otherwise.
25. LICENCE RESTRICTIONS
The licence granted by ETN-CWP under clause 24 above are subject to the following restrictions:
25.1 Your use of the Digital Content is restricted to use in object code form only.
25.2 You may make copies of the Digital Content for back-up purposes.
25.3 Except as stated in clause 25.2 above or otherwise permitted by law in your jurisdiction, you have no right (and must not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt, run emulations of, or make error corrections to the Digital Content in whole or in part except to the extent that any reduction of the Digital Content to human readable form (whether by reverse engineering, decompilation or disassembly) is necessary for your lawful use of the Digital Content.
25.4 You must not use the ETN App on any device other than a mobile phone or tablet.
25.5 We only permit one ETN Wallet per individual user. You must not register, or attempt to register, for more than one ETN Wallet.
26. NEW RELEASES AND UPDATES
26.1 ETN-CWP may provide to you free supplementary software code or updates of the Digital Content. If ETN-CWP do so, you must install all such supplementary software code or updates promptly upon release. ETN-CWP cannot ensure the integrity and correct functionality of the Services and/or the Digital Content if you fail to do this.
26.2 ETN-CWP only support the current version of the Digital Content. If ETN-CWP make supplementary software code or updates available to you in order to address security or other issues which ETN-CWP (at its absolute discretion) deems necessary, you must install such supplementary software code or updates.
26.3 If you choose not to install such supplementary software code or updates you will not be able to continue using the Services or the Digital Content via the ETN App due to the security risks posed by the use of out-of-date software. You should still be able to access the Services through ETN-CWP via my.electroneum.com.
26.4 We plan to upgrade our network at least twice per year and may do so more regularly in certain circumstances. Where we do upgrade our network, we will communicate instructions on what users must do to implement updates via our website.
27. SYSTEM REQUIREMENTS
27.1 You are responsible for ensuring that your phone / device meets the minimum operating requirements for the Digital Content. Please refer to the Best Practice guidance set out on our website.
28. OUR OBLIGATIONS TO YOU
28.1 The Services and the Digital Content are provided to you on an “as is” basis. You accept responsibility for selection of the Services and the Digital Content to achieve your intended results and acknowledge that the Services and the Digital Content have not been developed to meet your individual requirements.
28.2 Due to the nature of software, we cannot warrant that your use of the Services or the Digital Content will be uninterrupted or error-free. Whilst we take all reasonable precautions to ensure that the Services and the Digital Content are secure, we cannot guarantee that the Services and the Digital Content are immune from various forms of attack by malicious third parties.
28.3 During periods of high demand users may experience transaction delays or (in a minority of circumstances) failures. You acknowledge that the Services or the Digital Content may be subject to limitations, delays and other problems inherent in the use of blockchain technology and internet communications facilities.
28.4 We may limit or restrict your access to the Services or the Digital Content:
28.4.1 in order to perform maintenance, updates or improvements;
28.4.2 subject to ETN balance limits and anti-money laundering due diligence checks in accordance with clause 4; or
28.4.3 otherwise in accordance with legislation in force from time to time.
28.5 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to these terms, the Services or the Digital Content, whether express or implied.
29. PROHIBITED USES
29.1 You must use the Services and the Digital Content only for lawful purposes. You must not use the Services or the Digital Content:
29.1.1 In any way that breaches any applicable local, national or international law or regulation.
29.1.2 In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
29.1.3 For the purpose of harming or attempting to harm anyone in any way.
29.1.4 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
29.1.5 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
29.1.6 To attempt to multiple spend ETN (or ETN greater than the balance in your Online Wallet) or any other cryptocurrency.
29.1.7 Otherwise than in accordance with generally accepted cryptocurrency industry good practice.
29.2 You also agree not to access without authority, interfere with, damage or disrupt:
29.2.1.1 any equipment or network on which the Services or the Digital Content are stored or installed;
29.2.1.2 any software used in the provision of the Services or the Digital Content; or
29.2.1.3 any equipment or network or software owned or used by any third party.
29.3 Where your use of the Services and the Digital Content is unlawful we will report such activities to the relevant legal, regulatory or enforcement authorities. We will co-operate with those authorities during any subsequent investigation or prosecution.
30. OUR LIABILITY TO YOU
30.1 ETN-CWP provide Services and the Digital Content which facilitate the use of ETN. ETN-CWP do not represent, investigate, or contract on behalf of users. As such, by entering into a transaction with another user via the Services or the Digital Content you agree that ETN-CWP are not responsible for and shall not be liable to you, or to any third party, in relation to a transaction, or for any acts or omissions of other users of the Services or the Digital Content. You must conduct your own due diligence and enquiries before entering into any transaction with another user.
30.2 Nothing in these terms shall limit or exclude our liability for:
30.2.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
30.2.2 fraud or fraudulent misrepresentation; or
30.2.3 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
30.3 Except to the extent expressly stated in these terms, all terms implied by statute, common law or otherwise are excluded, including implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
30.4 Subject to clause 30.2: we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any direct, indirect or consequential loss arising under or in connection with:
30.4.1 your use of the Services or the Digital Content;
30.4.2 any goods and/or services made available to you by any providers accessible through the ETN App providing goods and or services which are complementary to the Services and Digital Content.
30.5 Where there is any dispute between you and another user or provider (for example, those providers accessible through the ETN App providing goods and or services which are complementary to the Services and Digital Content), we may (in our absolute discretion) provide such assistance to you as we consider to be reasonable in the circumstances, but we will not be responsible for resolving or mediating such dispute. Any such disputes must be taken up by you with the relevant user and/or provider who is directly responsible to you for such matters.
30.6 We assume no general or specific of care duty (whether fiduciary or otherwise) towards you except as specifically set out in these terms and conditions.
31. INTELLECTUAL PROPERTY RIGHTS
31.1 In this clause, “Intellectual Property Rights” means all patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
31.2 You acknowledge that all Intellectual Property Rights in the Services and the Digital Content, supplementary software code or updates to it belong and shall belong to Belgravia, and you shall have no rights in or to the Services and the Digital Content other than the right to use them in accordance with these terms.
32. TERM AND TERMINATION
32.1 These terms (as updated from time to time) apply for as long as you use the Services or the Digital Content.
32.2 When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate. Failure to comply with these terms of use may result in our taking all or any of the following actions:
32.2.1 Immediate, temporary or permanent suspension or withdrawal of your right to use the Services and the Digital Content (or any part of them).
32.2.2 Issue of a warning to you.
32.2.3 Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
32.2.4 Further legal action against you.
32.2.5 Disclosure of such information to law enforcement, regulatory or other authorities as we reasonably feel is necessary or as required by law.
32.3 We may also take the actions outlined in clause 32.2 above:
32.3.1 pursuant to any ruling, order or instruction from any relevant legal, regulatory or other enforcement authority; or
32.3.2 following any change in the laws or regulations in your territory which renders the supply of Services or the Digital Content to you unlawful.
32.4 We may temporarily or permanently, suspend or withdraw your ETN Wallet:
32.4.1 pursuant to any ruling, order or instruction from any relevant legal, regulatory or other enforcement authority
32.4.2 if you are located in a country which is designated from time to time as a “high-risk third country” by the European Commission or as a “high risk and other monitored jurisdiction” by the Financial Action Task Force (FATF);
32.4.3 if you are identified on the HM Treasury Financial Sanctions Consolidated List (as amended or updated from time to time);
32.4.4 if we reasonably consider you to be a Politically Exposed Person as defined by financial enforcement authorities;
32.4.5 if you fail to disclose mandatory information which we require to perform due diligence checks on you in accordance with our obligations under applicable anti-money laundering legislation;
32.4.6 following any change in the laws or regulations in your territory which renders the supply of Services or the Digital Content to you unlawful; or
32.4.7 as otherwise required by law.
32.5 On termination of your access to the Services and the Digital Content (whether at our discretion or pursuant to these terms and conditions or otherwise):
32.5.1 all rights granted to you under these terms shall cease;
32.5.2 you must cease all activities authorised by these terms; and
32.5.3 you must immediately destroy or return to us all copies of the Digital Content then in your possession, custody or control.
32.5.4 we shall not be obliged under any circumstances to purchase any amount of ETN still held by you.
32.6 Any provision of these terms that expressly or by implication is intended to come into or continue in force on or after termination of your access to the Services or the Digital Content shall remain in full force and effect. Your obligations to us will continue and our limitations of liability will continue to apply as set out in these terms and conditions.
33. OUR RIGHTS TO MAKE CHANGES
We may make changes to these terms or to the Services or the Digital Content from time to time to reflect changes to users’ needs and our business priorities. We will try to give you reasonable notice of any major changes via our official website and/or social media channels, or directly (as we determine at our absolute discretion).
34. OTHER TERMS MAY ALSO APPLY
34.1 The ways in which you can use the Services and the Digital Content may also be controlled by the rules and policies of other service providers or approved charities including (but not limited to)
34.1.1. Cryptocurrency exchanges: please see https://electroneum.com/exchanges/ for a list of cryptocurrency exchanges on which ETN is currently traded and check the rules and policies of such exchanges before use; and
34.1.2. Approved Marketplaces:
34.1.2.1. Google Play Store
34.1.2.2. Apple App Store
34.1.3. Those approved charities accessible through the “ETN Donate” portal
34.1.4. Those providers accessible through the ETN App providing goods and or services which are complementary to the Services and Digital Content.
35. HOW WE USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to us in accordance with our Privacy and Cookies Policy.
36. WHO WE ARE AND HOW TO CONTACT US
36.1 “We”, “we”, “Us”, “us”, “Our”, “our” means the ETN Network or the relevant company in the ETN Network (as the context requires).
36.2 Electroneum Limited, a company registered in England and Wales under company number 10845797 with its registered office at Lyndean House, 30-34 Albion Place, Maidstone, Kent ME14 5DZ (“Electroneum”). Electroneum is the creator of the ETN cryptocurrency and blockchain.
36.3 “ETN Network” means Electroneum and the following entities:
36.3.1 Red Cube Marketing Limited a company registered in England and Wales under company number 11690042 with its registered office 51 The Stream Ditton, Aylesford, Kent ME20 6AG (“RCM”) and is the provider of KYC and AML (Know Your Client and Anti Money Laundering) verification services to the AnyTask Platform and ETN-CWP;
36.3.2 Genvey 1A N.V. a company registered in the Commercial Register of the Curaçao Chamber of Commerce & Industry under company number 156689 (trading as “ETN-CWP”) is the provider of ETN Wallets and the ETN App; and
36.3.3 Belgravia Trading Services Ltd a company registered in England and Wales under company number 11150341 with its registered office 51 The Stream Ditton, Aylesford, Kent ME20 6AG (“Belgravia”) and is the owner and licensor of the intellectual property rights in ETN and the AnyTask Platform.
36.4. How to contact us. You can contact us via https://support.electroneum.com.
36.5. How the ETN Network may contact you. If any member of the ETN Network determines that it needs to contact you it will do so at its option by telephoning you at the telephone number you have provided, by writing to you at the email address you have provided, or via Electroneum’s website.
37. THE SERVICES AND DIGITAL CONTENT
37.1 ETN-CWP provide or make available the following services and digital content for facilitating the sending and receiving of ETN:
37.1.1 The “ETN Wallet”, developed by Electroneum. The ETN Wallet is the wallet storage mechanism developed by Electroneum and which does not constitute an Paper Wallet; and
37.1.2 The ETN mobile phone application, developed by Electroneum and provided ETN-CWP. This mobile phone application is available for Android and iOS devices, together with the service you connect to via the mobile application and the content the ETN Network provides to you through it (including but not limited to access to the ETN Wallet, and Instant Payment System) (“the ETN App”); and
37.1.3 Keeping you notified of third party providers of goods and/or services and/or platforms where you are able to utilise ETN tokens; and
37.1.4 If you are a vendor, including your details in the Vendor Directory and promoting that (at our discretion) to ETN users and potential users under the “ETN Everywhere” brand (or as we otherwise determine from time to time); and
37.1.5 Access to the “ETN Donate” portal, which facilitates the making of charitable donations to Electroneum approved charities.
Together referred to as the “Services and the Digital Content”.
37.2 The Services and the Digital Content are provided to you:
37.2.1 “As is” (without modification as a standard offering which is not bespoke to your requirements);
37.2.2 “As available” from time to time: we do not guarantee the continuity or availability of the Services or the Digital Content which may be suspended or withdrawn in whole or in part at its absolute discretion;
37.2.3 Presently without charge to you (subject to clause 9), however ETN-CWP reserves the right to apply charges in respect of future use and/or access to any updated Services or the Digital Content that it makes available from time to time; and
37.2.4 Strictly on the basis that your use of the Services and the Digital Content is at your risk and that you agree to hold us harmless from any liability in relation to your use of the Services and the Digital Content, for example if your ETN is rendered inaccessible as a result of your non-compliance with these terms and conditions as a result of which we suspend, limit or withdraw your access to the Services and the Digital Content in accordance with clause 32.4; if there is an issue with the ETN blockchain which is outside of the ETN Network’s control; or if your access to your ETN is delayed for any regulatory or other reason.
38. OTHER IMPORTANT TERMS
38.1 “Writing” includes emails. When these terms use the words “writing” or “written” in these terms, this includes emails.
38.2 References to clauses. References to clauses are to clauses of these terms.
38.3 Clause headings. Clause headings do not affect the interpretation of these terms.
38.4 We are not responsible for events outside our control. If the provision of the Services or the Digital Content is delayed or prevented by an event outside our control then we will review the position and take such steps that we consider to be reasonably practicable in order to minimise the effect of the delay where possible. Provided we do this we will not be liable for delays caused by the event.
38.5 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always use our reasonable endeavours to notify you of this in writing if this happens.
38.6 You need our consent to transfer your rights to someone else. You may not transfer your rights or your obligations under these terms to another person unless we specifically agree to this in writing.
38.7 We may use trusted independent subcontractors to provide parts of the Services and the Digital Content directly on our behalf.. However if we do so we will remain responsible for their acts and omissions at all times. However, this does NOT include those providers accessible through the ETN App providing goods and or services which are complementary to the Services and Digital Content.
38.8 We are not your partners or agents. Nothing in these terms is intended to, or shall be deemed to, establish any partnership or joint venture between us and you, constitute either us or you as the agent of any other party, or authorise us or you to enter into any commitments for or on behalf of any other party.
38.9 Nobody else has any rights under these terms. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
38.10 If a court finds part of these terms illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
38.11 Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
38.12 These terms may be translated into languages other than English. In the event of any conflict in interpretation (in a legal sense) between translated versions of these terms, the English language version shall prevail.
Which laws apply to these and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England (which is a jurisdiction we have chosen due to the global nature of our business) and the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.
