General Terms & Conditions
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Valid from: 2020-10-07
General Terms and ConditionsThank you for choosing SpectroCoin. You should read these Terms carefully to determine which provisions apply to you.
Interpretation and Definition
- In these Terms and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
"AML" means Anti-Money Laundering and Terrorism Financing;
"Associates" means SpectroCoin and each and every one of its respective shareholders, subsidiaries, employees, contractors, agents, directors, officers, partners, affiliates, insurers, advisors, service providers, attorneys, licensors and successors;
"Customer", "you", "your" means the customer using the Services or the Site;
"Fiat Currency" means any currency that a government has declared to be legal tender such as EUR, USD, etc.;
“Fiat Denominated Virtual Currency" is the Virtual Currency denominated in certain Fiat Currency (but never a Fiat Currency itself), which is created and may be used according to these Terms and its annexes;
"Force Majeure Events" means any event beyond SpectroCoin'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 or any other cause beyond SpectroCoin's reasonable control (each, a "Force Majeure Event");
"Person" includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity;
"Prohibited Jurisdictions" means any country: (i) which is subject to international sanctions; or (ii) where Virtual Currency or blockchain technology are prohibited, or the Platform does not meet the legal requirements of the country; (iii) not included in the list of the Supported Countries. A Prohibited jurisdiction will include the specific country and all of its states, territories in or under the laws of the country;
"Prohibited Use" has the meaning set out in the Acceptable Use Statement, which is available on the Site;
"Services" means any of the services, functions or features both collectively and individually offered on the Site;
"Site" or "Platform" mean website www.spectrocoin.com, our mobile apps or application programming interfaces ("API"), where Services are available. Under this definition also falls any associated websites, which are relevant to the provision of Services;
"SpectroCoin", "we" or "our", "us" means any of the following companies which, depending on your country of residence, the scope of the Services you use, and/or other factors these companies apply under internal procedures, provide Services to you: UAB Spectro Finance, legal entity code 303008845, registered under the laws of the Republic of Lithuania, address Aušros al. 68, Šiauliai, Lithuania; or
Spectro Finance OÜ, legal entity code 14608294, registered under the laws of the Republic of Estonia, address Narva mnt 7b-509, Tallinn 10117, Estonia; or
Spectro Finance Limited, legal entity code 2022454, registered under the laws of the British Virgin Islands, address Craigmuir Chambers, Road Town, Tortola, VG 1110, British Virgin Islands; or
Spectro Finance Systems Limited, legal entity code 20227522, registered under the laws of the British Virgin Islands, address Craigmuir Chambers, Road Town, Tortola, VG 1110, British Virgin Islands;
Depending on the context, any of these companies further may be referred to as the "SpectroCoin company".
"Supported Countries" means any country which is included in the list of the Supported Countries, where all or upon our decision only part of the Services are available. The list is available on the Site;
"Terms" means these General Terms and Conditions including all documents and information, incorporated into these Terms by reference, as described in the Terms;
"Virtual Currency" means any virtual currency, cryptographic coin or token allowed on the Site such as BTC, ETH, etc.;
"Virtual Currency system" means any functionality, which allows to access Virtual Currency. It includes but is not limited to such features as wallets, blockchain technological solutions etc.
- The headings and subheadings in these Terms are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.
- Unless otherwise specified in these Terms of Service, words importing the singular include the plural and vice versa and words importing gender include all genders.
- In these Terms and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
Scope of Terms
- These Terms constitute the agreement and understanding with respect to the use of any or all of the Services, any manner of accessing them and governs the relationship between you and SpectroCoin, and between you and other service provider if specific Service is provided by that service provider and it is described in any Annex of these Terms. SpectroCoin company, providing Services to you, is shown in your account, you can also check it through the SpectroCoin support function as provided in clause 16.4.
- Certain Services and manner of accessing or using them, Customer groups or jurisdictions, can be subject to specific or additional terms and conditions set out in annexes of the Terms, additional SpectroCoin terms and agreements, policies, technical requirements, statements, guidelines and principles, as well as in any other document irrespective of its title. All these documents will be available on the Site and, whether explicitly referenced in these Terms or not, will constitute an integral part of these Terms and be equally legally binding to you.
- Depending on your jurisdiction and law of your jurisdiction, you may not be able to use all or part of the Services. SpectroCoin reserves the right to solely select its markets and jurisdictions to operate and may restrict or deny its Services to certain countries and jurisdictions. The Services available for you will be accessible through your account. In case you wish to access the Services provided by other SpectroCoin company than one providing the Services to you, you shall create a new SpectroCoin account.
- SpectroCoin companies may enter into agreements and use the services of one another such as processing of operations on behalf of other SpectroCoin company, which allows to provide end Services to you. Irrespective of such arrangements, your SpectroCoin company shall remain your responsible Service provider.
- The Services allow you to deposit, hold and withdraw Virtual Currencies, exchange them to other Virtual Currencies or Fiat Currencies, make deposits and withdrawals in Fiat Currencies and obtain a prepaid payment card, among other Services. The Services which are accessible to you depend on your SpectroCoin company. SpectroCoin may at its own discretion add new Services or terminate the existing ones. SpectroCoin may amend terms of the Services, including the list of the Virtual Currencies allowed on the Platform, add or remove them at any time at its sole discretion. Where required, you will be given an advance notification of such changes.
- SpectroCoin provides you with the Platform as a mean of access to the Services. However, certain Services which are accessible through the Platform can be facilitated by our partners and this will not constitute the breach of these Terms. Where necessary, you will be informed of this and asked to read and/or agree to any additional terms and conditions related to such Services.
- You are solely responsible for following and identifying the requirements and being in compliance with the laws in your jurisdiction and all other laws or regulations applicable under your jurisdiction and/or jurisdiction from which you access the Site and/or the Services. The Services are not directed at or to be distributed to any persons domiciled under any jurisdiction where all or part of the Services may be contrary to local laws or regulations.
- If using the Site and/or the Services are not legal in your country (whether you are a citizen, a resident or a tax resident) and/or such transactions can be considered as securities, securities trading, initial public offering, crowdfunding or similar, you oblige not to use the Site and/or Services. Failure to comply with local laws may result in the loss of your account and any assets contained within.
- These Terms are only binding to the rights and obligations between you and SpectroCoin and other Service provider if applicable, and do not involve legal relations and legal disputes arising from and relating to transactions of Virtual Currencies between the users of the Platform, and between other websites or third parties and you.
- Use of the Platform and/or the Services is limited to persons that are 18 years old or older and have full legal capacity to lawfully enter into and form contracts under applicable law.
- The use of the Site and the Services is void where prohibited by law.
- Prohibited Jurisdictions are specifically excluded from these Terms, therefore, the Site and Services are not offered to citizens, residents and tax residents (including their beneficiaries) of the Prohibited Jurisdictions (You are prohibited from using the Site and the Services if you are a citizen, a resident and/or a tax resident of the Prohibited Jurisdictions, any created or organized entity, including, without limitation, any company, corporation or partnership located or domiciled in the Prohibited Jurisdiction.
- Additionally, the following persons (including their beneficiaries) cannot use the Site and the Services:
(i) Persons that are on any trade, financial or economic sanctions lists;
(ii) Persons that intend to use the Site and the Services for any illegal activity, including, but not limited to, money laundering and the financing of terrorism;
(iii) Persons that fail to meet any Customer due diligence standards, requests or requirements of SpectroCoin and/or are deemed high risk by SpectroCoin according to criteria established at the sole discretion of SpectroCoin;
(iv) Persons that have previously been rejected or deleted from using the Platform and the Services and/or violated these Terms of Service;
(v) Persons that do not follow the laws and regulations in their jurisdiction regarding usage of the Site and the Services.
- By accessing and using the Site and any of the Services, you acknowledge, declare and expressly represent and warrant that none of the aforementioned circumstances of eligibility is applicable to you.
- We consider some businesses to pose more risks to us than others; therefore, we may require that you obtain our express prior approval before using Services if you operate or are engaged in any of such businesses. Please read the Acceptable Use Statement, available on the Site, to find out which businesses require our prior approval and follow the instructions provided therein. This will apply to you equally whether you are a private person or a legal entity.
- We do not provide our Services to Customers operating or engaged in certain businesses. Please read the Acceptable Use Statement, available on the Site, to find out which businesses are prohibited from using Services. Please do not create SpectroCoin accounts if you operate or are engaged in such businesses. If we detect that you have violated this prohibition, we will at our sole discretion and without any prior notice close your account and, where necessary, freeze your funds and report this to the authorities. This will apply to you equally whether you are a private person or a legal entity.
- SpectroCoin reserves the right to refuse registration or the commencement of relationship with you under these Terms without reason. You acknowledge and agree that it is at our sole discretion whether to provide you with any or all of the Services.
Acceptance and Changes to Terms of Service
- Your access to and use of the Site and/or any Services is subject exclusively to these Terms. By registering to and using the Site and/or the Services, you acknowledge that you have read, understood, and completely and unconditionally agree to be bound by and accept these Terms, including all documents and information, incorporated into these Terms by reference as described in clauses 2.1 and 2.2. We recommend that you store or print-off a copy of these Terms (including all related documents and information) for your records.
- In the event of any inconsistency between these Terms and any other document or information incorporated in the Terms by reference or on the Site, these Terms will prevail.
- You understand and agree that you are free to choose whether to use the Site and/or the Services and do so at your sole option, discretion and risk. However, if you disagree with these Terms or individual provisions of the Terms and/or with any subsequent amendments, changes, or updates, you cannot use the Site and any of the Services; your only recourse in the case of disagreement is to stop using the Site and all of the Services.
- These Terms come into effect at the moment you enter the Site. Terms apply and you agree with them if you use the Site and/or the Services (any services, functions or features both collectively and individually) available through the Site.
- However, establishment of our contractual relationship starts from the moment you are allowed to use the Services, which may vary depending on the services offered by SpectroCoin company and its internal procedures.
- SpectroCoin may change, amend, update, delete or add to these Terms or any of the terms and conditions contained in any policies or rules governing the Site and/or the Services at any time and in its sole discretion. In particular, please note that all transactions on the Platform may be subject to fees received by SpectroCoin or third parties and could be changed solely at our discretion from time to time.
- SpectroCoin will provide notice of these changes by posting the revised Terms or any part of it on the Site with updated date at the top of the Terms. We also can provide such information by your email, through your account, or by any other mean. SpectroCoin reserves the right to choose the preferred notification method at its sole discretion. You undertake to check your account and email regularly.
- Any of such changes will be effective immediately upon the posting of the revised Terms, any part of it or any other document or information incorporated in the Terms by reference or on the Site regardless of the means of notification chosen by SpectroCoin. You are solely responsible for reviewing such notice and the corresponding changes to the Terms, any part of it or any other document or information incorporated in the Terms by reference or on the Site. Your non-termination or continued use of the Site and/or the Services following the updates to the Terms any part of it or any other document or information incorporated in the Terms by reference or on the Site constitutes your acceptance of them, as modified by such updates. If you do not agree to such changes, you must stop using the Site and/or the Services and contact us regarding termination of these Services.
- You should review these Terms, documents or information incorporated in the Terms by reference or on the Site regularly, and check back often to confirm that your understanding of them is current and correct.
- SpectroCoin may, at its sole discretion and without liability to you or any other third party, with or without prior notice and at any time, change, modify, remove or discontinue (temporarily or permanently) the use of the Site, any part or all of the Services, functions and corresponding information from the Site without indicating the reasons of such action, and you confirm that SpectroCoin will not be liable to you for any such change, modification, removal or termination.
- In order to use some or all Services, including any or all functionalities of the Site, we may, at our sole discretion, require you to register at the Site and provide any requested information. As part of our registration procedure, we will conduct a verification process to the extent we deem necessary and verify your identity and eligibility to use our Services or the Site.
- We will establish an account for you or continue the provision of the Services only after the verification process is completed. The extent of verification will differ depending on which SpectroCoin company provides the Services as well as your overall risk-profile.
- SpectroCoin may, at its sole discretion and without indicating the reasons, refuse to register you or open an account for you at any time.
- Only one registration and account per person is allowed unless otherwise indicated by SpectroCoin. Accounts can only be used by the person whose name they are registered under. If you are an authorized representative of a legal entity, you are allowed to have one additional account on behalf of this entity. It is forbidden to use any account other than your own or access the account of any other user of the Platform at any time or assist others in obtaining unauthorized access.
- For the purpose of your identification and in order for SpectroCoin to comply with the legal requirements, you are required to provide SpectroCoin with certain personal information, answer certain questions and take certain actions. By submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update SpectroCoin if any information changes. You will thereby authorize SpectroCoin to, directly or through third parties, make any inquiries SpectroCoin considers necessary to verify your identity and/or to protect against fraud or detect money laundering, financing of terrorism or any other financial crime, including, but not limited to, to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance) or to query any other information which may be required under the applicable law, and to take any action SpectroCoin reasonably deems necessary based on the results of such inquiries and reports. Where necessary, you will have to specifically authorise any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests or, alternatively, obtain any such data on your own and submit to SpectroCoin in a manner reasonably required by SpectroCoin. Failing to comply with the requirements set out in this article will be considered a valid reason to suspend your account.
- At the registration at the Site and afterwards you must enter only truthful, correct, accurate and complete data about yourself. You are responsible for any losses that occur regarding the submission of invalid/incorrect data. You unconditionally warrant that any information, data and/or content you provide for us:
- is truthful, correct, accurate, complete and not misleading or otherwise deceptive;
- does not infringe the intellectual property rights of SpectroCoin or any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy;
- does not violate any law, statute, or regulation;
- is not defamatory or libelous, and,
- will not create any liability for SpectroCoin.
- During the registration and at any time after the registration you must, at our request, provide SpectroCoin with all the required documents and information within the time limit and form (including, but not limited to certified, apostilled or notarized copies) specified by SpectroCoin at your own expense. You must assure that any of your documents or information provided to SpectroCoin are truthful, correct, accurate, complete and updated. You acknowledge and agree that you have the obligation to keep all information provided up to date and will promptly inform SpectroCoin about any amendments of the documents and information previously submitted by you to SpectroCoin.
- SpectroCoin reserves the right to suspend certain Services, the usage of the account and freeze your funds until your registration data and/or identity and/or any information related to you or your account is completely verified. Verification of your account will be determined at our sole discretion. Failure to completely verify your account may result in account closure and such a decision will be made by us at our sole discretion and, where applicable, a statutory action will be taken against you.
- You are responsible for all activities that occur under your account, all damages caused and accept all risks of any authorized or unauthorized access to your account to the maximum extent permitted by law.
- SpectroCoin reserves the right to suspend or close the accounts or certain Services and freeze the funds deposited with us if SpectroCoin suspects or detects any of the following:
- the account or Services are or may be used for any illegal activity, in an unauthorized or fraudulent manner;
- the account is or may be used in relation to businesses listed in the Acceptable Use Statement and such use has not been pre-approved by SpectroCoin;
- the account is or may be used by persons other than the persons whose names they are registered under;
- the Customer has violated these Terms (including any documents incorporated herein by reference);
- such action must be taken under the applicable law or under any official authority request or recommendation;
- such action must be taken under these Terms (including any documents incorporated herein by reference);
- SpectroCoin considers it reasonable and prudent to take these actions.
- SpectroCoin will not take any legal responsibility for losses in relation to suspension and closure of accounts or certain Services or freeze of funds.
- If under any official request or legal obligation, we may be requested or ordered to assist with any official investigation into your account activity, we will aid such investigation by providing the information that is in our possession.
- SpectroCoin reserves the right to charge a Customer with a penalty fee of a size up to 500 000 EUR if any measures upon clause 5.10 have been applied. In such case, an additional fee of 10% of the Wallet balance may be applied every month.
- You agree to pay SpectroCoin the fees for the Services. The fees are determined at our sole discretion and non-negotiable. If you do not agree with the fees, you will not be able to use the Services. Information about the applicable Fees and Limits can be found on the Site. Please familiarize with them. We may change the fees at any time at our sole discretion and without your consent. Changes to the fees will be effective as of the posting of the revised fee information and will apply prospectively to any use of the Services that takes place following the effective date of such revised fee information.
- Account administration fee is charged in case you do not login to your SpectroCoin account and/or do not make any deposit (Bankera WR payments is not considered as deposit), withdrawal or exchange operations during the period of consecutive 12 months, from the first day after this period ends. We will apply additional monthly Account administration fee, which is equal to 2 % of your funds in your Banker (BNK) Wallet, but in all cases not less, than equivalent of 5 EUR in BNK according to BNK/EUR Exchange rate on the Site or all BNK in the Wallet if the remaining amount is smaller. This fee is monthly and charged after end of each month and only from BNK in your BNK Wallet and is not calculated if balance of the BNK Wallet is zero.
- If you use any of our Services that are facilitated by a third party, additional fees may apply and will be included in the total amount of fees payable by you to SpectroCoin.
- You authorise us, or our designated payment processor, to charge or deduct your account funds for any applicable fees owed in connection with your use of the Services.
- If you fail to pay fees or any other amounts owed to SpectroCoin under these Terms and SpectroCoin refers your account(s) to a third party for collection, then SpectroCoin will charge you to cover our collection-related costs. These additional charges can be deducted from your funds in the account.
Financial Services Disclaimer
- SpectroCoin does not provide financial advice in any form and cannot be considered as a financial advisor company, a financial brokerage company or an investment company or fund. No content, Services or products available on the Site or via any form of communication may be taken as a financial advice or a financial/investment recommendation.
- Your account (including Wallet functionality) is not a bank account, payment account, electronic money account or interest bearing account and it cannot be associated with these types of accounts and their benefits, including, but not limited to, payment of interest, protection by law, deposit and investment insurance.
- You must read the Risk Warning Statement, published on the Site, before using the Site or the Services.
Copyrights and Other Intellectual Property Rights
- Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our Site or provided in connection with the Services, including, without limitation, the SpectroCoin logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the intellectual property of SpectroCoin and our Associates and are therefore protected by applicable intellectual property laws.
- You are only allowed to use our intellectual property to the extent it is reasonably necessary in order for you to use the Site and the Services. It is prohibited to resell any of our intellectual property; distribute it or display publicly; modify or otherwise make any derivative uses of our intellectual property; use the intellectual property for any other purpose than explicitly allowed under these Terms.
- SpectroCoin logo and any other SpectroCoin product or Service names, logos or slogans that may appear on our Site or become accessible through use of the Services are trademarks of SpectroCoin and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or Service name of SpectroCoin without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product or service name of SpectroCoin. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SpectroCoin and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
- Due to the risk of fraud, duplicate or fake accounts, and other reasons, it is prohibited to promote your SpectroCoin referral URL through the use of paid advertising and to use SpectroCoin branded terms in your ad copy. This includes, but is not limited to, bidding or running ads on search brand keywords that include SpectroCoin and similar variations. You can use any channel you want to reach potential referrals. However, even though we make a good faith effort to do the payouts, those who promote their SpectroCoin referral links on malicious and unsafe sites will have their referral links deactivated.
- We are committed to store safely your Wallet data, use firewalls, antivirus software, SSL certificates.
- SpectroCoin reserves the right to make both scheduled and non-scheduled maintenance of our systems, update and improve them without giving notice to you. During maintenance the Services may be temporarily unavailable. However, SpectroCoin is not responsible for any damages that may result from the interference of the Services under maintenance.
- In case of violation of your account's security, we reserve the right to suspend access to the account so that we can ensure further safe and comprehensive functioning of the Services. We are not responsible for losses incurred due to such a suspension of access to the account.
- SpectroCoin will not be liable for your insecure computer and/or internet connection, operation of the Virtual Currency peer-to-peer network and any Virtual Currency related software. It is your sole responsibility to keep your account credentials, passwords, login data and 2FA data secure. You must keep secure your email account, phone and other means and devices that you use to login into your SpectroCoin account and/or authorise your transactions. SpectroCoin does not undertake to secure any of these means and/or devices and will not be liable in the event they are breached, lost or stolen and this results in potentially unlawful or unauthorised use of your SpectroCoin account.
- In the case of unauthorized access to your account and loss of funds, SpectroCoin does not undertake to remunerate your losses. You must personally refer to the competent authorities.
- You are solely responsible for maintaining the confidentiality of your account information, including unique login ID and password, and for their use. We recommend that you never share or disclose your account information with anyone, create complex and secure password, change your password from time to time, always log out when finished using the account.
- As a result of the decentralized and open source nature of virtual currencies it is possible that sudden, unexpected, or controversial changes ("Forks") can be made to any Virtual Currency that may change the usability, functions, value or even name of a given Virtual Currency. Such Forks may result in multiple versions of a Virtual Currency and could lead to the dominance of one or more such versions of a Virtual Currency and the partial or total abandonment or loss of value of any other versions of such Virtual Currency.
- SpectroCoin is under no obligation to support a Fork of a Virtual Currency that you hold in your account, whether or not any resulting version of such forked Virtual Currency is a dominant Virtual Currency or non-dominant Virtual Currency or holds value at or following such Fork.
- If SpectroCoin opts, at its sole discretion, to support a Fork of a Virtual Currency, it will make a public announcement through the Site and/or the SpectroCoin mobile application and/or by notifying Customers via email, and will bear no liability for any real or potential losses that may result based on the decision to support such Fork or the timing of implementation of support.
- If SpectroCoin, at its sole discretion, does not opt to support a Fork of a given Virtual Currency, including the determination to support, continue to support, or cease to support any dominant Virtual Currency or non-dominant Virtual Currency, SpectroCoin assumes no responsibility or liability whatsoever for any losses or other issues that might arise from an unsupported Fork of a Virtual Currency.
- Forks of virtual currencies can be frequent, contentious and unpredictable, and therefore cannot be consistently supported by SpectroCoin. When trading or holding Virtual Currencies using your account you should operate under the assumption that SpectroCoin will never support any Fork of the supported Virtual Currency.
- SpectroCoin also does not generally support any other distributions, dividends, or "airdrops" of virtual currencies to wallet addresses regardless of whether or not you would have received such airdrops if you held your virtual currencies outside of SpectroCoin. SpectroCoin may, at its sole discretion, opt to distribute and/or support an airdrop, but it has no obligation to do so and will bear no liability to Customers for failing to do so.
- Certain Virtual Currencies are built to operate on the Ethereum or other protocols or are distributed to holders of Ethereum or other protocols (often referred to as an "airdrop") without any action required by the Customer. As a general rule, SpectroCoin does not support Forks or airdrops, but will notify the Customers if it intends to support a specific Fork, airdrop, or other distribution or creation of a Virtual Currency.
- Note that in the event of a Fork of a Virtual Currency, SpectroCoin may be forced to suspend all activities relating to such Virtual Currency (including exchanging, depositing, and withdrawing) for an extended period of time until SpectroCoin has determined at its sole discretion that such functionality can be restored. This downtime will likely occur with little to no warning, and during this period of downtime you will not be able to exchange, deposit, or withdraw the Virtual Currency subject to such Fork. SpectroCoin assumes no responsibility or liability whatsoever for any losses or other issues that might arise from such situations.
Liability and Indemnification
- You are solely responsible for actions performed by using the Site and the Services.
- You are under the legal obligation to act in accordance with these Terms and applicable law and refrain from any actions that may cause monetary or reputational damage to SpectroCoin, its Associates, the Site or the Services, as well as other our clients.
- SpectroCoin will not be liable for any damage or loss incurred by you, your associates and Customers or persons represented by you due to the fact that you, regardless of our recommendations and your own commitments, did not get familiar with these Terms or failed to visit the Site periodically and familiarise yourself with any changes to the Terms.
- To the full extent permissible by applicable law, SpectroCoin disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantibility and fitness for a particular purpose. SpectroCoin does not warrant that the Services, information, content, materials, products (including software) or other services included in or otherwise made available to you through the Services, SpectroCoin servers or electronic communications sent from SpectroCoin are free of viruses or other harmful components. SpectroCoin does not accept liability beyond the remedies set forth herein, including any liability for the Services not being available for use or for lost or corrupted data or software, or the provision of Services and support.
- To the fullest extent permitted by law, SpectroCoin will not be liable (whether in contract, tort, including negligence, or under any statutory implied term) for any damages of any kind including without limitation direct, indirect, incidental, punitive, special and consequential damages (including, without limitation, loss of profits, loss of revenue, loss of data or injury) arising out of or in connection with your use of the Site and the Services (including other services and products made available through the Services), the inability to use the Services, even if advised of the possibility of such damages.
- For any liability related to the use of the Site or the Services, whether arising from the breach of contract, warranty, negligence, tort or otherwise, SpectroCoin will not be liable for any amount of damages above the aggregate fee amount (value in Fiat Currency) paid by you for the use of the Site and the Services under these Terms.
- You undertake to defend and indemnify SpectroCoin and its Associates from any claim or demand, including reasonable attorney's fees, arising from your failure to comply with these Terms, your violation of any law, or the rights of a third party.
- You will be liable for all reversals, chargebacks, fees, fines, penalties and other liability and/or losses incurred by SpectroCoin or its Associates due to your use of the Site and/or the Services. This will also apply when the loss is incurred by SpectroCoin as a result of your knowingly erroneous claims, defamatory public statements or false accusations. You are under the legal obligation to reimburse SpectroCoin and its Associates for any and all such liability.
- When using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links. We do not control, endorse or adopt any third-party content and will have no responsibility for third-party content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of third-party content, and your interactions with third parties, is at your own risk.
- SpectroCoin is not a creator, issuer or developer of any of the Virtual Currencies indicated on the Site (including, but not limited to, Bitcoin (BTC), Ether (ETH), NEM (XEM), DASH (DASH), Tether (USDT), Banker (BNK)). Therefore, SpectroCoin will in no way be liable for any actions or inactions of the creators, issuers and developers of the Virtual Currencies and any usage and/or attributes of such Virtual Currencies. By exchanging (buying or selling), holding, sending, receiving BNK virtual currency you also agree to all Bankera Terms & Conditions.
- You are responsible for maintaining adequate security and control of any and all identification numbers, passwords, or any other codes that you use to access the Site.
- You are responsible for the security and integrity of your account and computers or interfaces.
- SpectroCoin accepts no responsibility for any loss or damages if you provide SpectroCoin with any wrong or false information, including, but not limited to, payments made to an incorrect wallet address or an incorrect bank or any other account indicated by you.
- In the case certain Services or your account is suspended or the funds deposited are frozen, SpectroCoin reserves the right to convert all your funds to a chosen Stable Virtual Currency or Fiat Currency to avoid value fluctuations until the matter is solved. SpectroCoin assumes no responsibility or liability whatsoever for any losses or other issues that might arise from such situations.
- It is your responsibility to determine what, if any, taxes apply to your use of SpectroCoin Services, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. SpectroCoin is not responsible for determining whether taxes apply to your use of our Services, or for collecting, reporting or remitting any taxes arising from any transaction.
- SpectroCoin will not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any Force Majeure Event.
- If SpectroCoin finds out or suspects that particular Customer has written misleading information about SpectroCoin in public (like forums, blogs or etc.) or about it's management also if Customer spoiled or tried to spoil reputation of SpectroCoin Services, management, brand or etc., or Customer has revealed confidential information in public (account numbers, conversations between SpectroCoin and Customer, balance or etc.), SpectroCoin reserves the right to close Customer's account and/or freeze all Customer's funds until such comments, claims or misleading or other information is deleted. SpectroCoin reserves the right to charge a penalty fee of trading turnover, but no less than 250 000 EUR, if Customer is or was engaged in such activities.
Privacy and Personal Data Management
- Please refer to our AML Policy, published on the Site, for information about how we implement AML legal requirements.
- These Terms (subject to any future amendments) will apply as long as you have account(s) with us. You may close your account(s) with us by contacting our support team as written in clause 16.4 and following their instructions. Once all your account(s) with us are closed, these Terms, including all terms and conditions regarding specific Services will cease to apply to you, with exception of the part of the Terms which survives the termination of the Terms (e.g. confidentiality, privacy provisions). Closure of the Account automatically terminates the provision of any Service.
- At any time and for any reason at our sole discretion we may close your account and reject all pending transactions without notice to you. In such event, we may give you an advance notice of account closure and guide you through the process of withdrawing your funds which at the time may be deposited with us. SpectroCoin will have no liability or obligation for taking such action.
- In the event of a breach of these Terms, we may, at 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 deactivate your access to the Services at our sole discretion, immediately and without prior notice, and close or deactivate your SpectroCoin accounts and all related information and files in such account without liability to you, including, for instance, in the event that you breach your obligation to verify your identity. In the event of closure of your account, we will attempt to return any funds stored in your SpectroCoin accounts not otherwise owed to SpectroCoin, unless SpectroCoin believes you have committed fraud, negligence or other misconduct.
- In case of closure of your account or termination of the specific Services, SpectroCoin will deduct from your account funds amounts payable for SpectroCoin services provided to you, also fines, forfeits, losses and other amounts paid to third parties or the state, which SpectroCoin has incurred due to your fault. In case the amount of money on your SpectroCoin account is insufficient, you undertake to transfer indicated amounts to your SpectroCoin account within 3 business days.
- Closure of your account or termination of the specific Services does not exempt you from any liabilities you incurred by way of these Terms before.
- You may be denied account closure and/or return of the funds if SpectroCoin is under the legal obligation to prevent you from achieving these results, e.g. in the event of statutory funds freeze.
- After your account is closed or specific Services are terminated, SpectroCoin may further process your personal data and other data related to your use of our Services, if such further processing is allowed under the applicable law.
Applicable Law, Dispute Resolution, Complaints and Support
- These Terms are governed by and interpreted in accordance with the laws of:
- The Republic of Lithuania if your SpectroCoin company is UAB Spectro Finance.
- The Republic of Estonia, if your SpectroCoin company is Spectro Finance OÜ.
- The British Virgin Islands, if your SpectroCoin company is Spectro Finance Limited or Spectro Finance Systems Limited.
- Any disagreements or disputes between you and SpectroCoin, arising from the use of Services and being regulated by these Terms will be brought before the competent courts, unless they are settled by negotiations between the Parties. Court jurisdiction is:
- In the city of Vilnius, the Republic of Lithuania if your SpectroCoin company is UAB Spectro Finance.
- In the city of Tallinn, the Republic of Estonia, if your SpectroCoin company is Spectro Finance OÜ.
- In the British Virgin Islands, if your SpectroCoin company is Spectro Finance Limited or Spectro Finance Systems Limited.
- We invite you to raise your issue first by contacting our support service before bringing any legal action before the courts or, as the case may be, any other institutions. We are committed to properly investigate your matter and, where possible, offer you a solution.
- Support service is available via email [email protected] through the "LiveChat" option on the Site or via tel. No.: +37066110425.
- These Terms are governed by and interpreted in accordance with the laws of:
- Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with SpectroCoin, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
- Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
- Severability. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
- Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from SpectroCoin, including by operation of law or in connection with any change of control. SpectroCoin may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
- Survival. Certain provisions of these Terms and any of the documents comprising an integral part of the Terms will survive termination, including but not limited to, provisions stipulating eligibility, use of your account, fees, copyrights and other intellectual property rights, liability and indemnification, applicable law, complaints and dispute resolution, and other provisions which in accordance with the applicable law survive the termination of the Terms.
- The annexes to these Terms explain the specific procedures for the provision of the specific Service. We treat all annexes as an integral part of the Terms and interpret the provisions contained therein in conjunction with the provisions of the Terms in the context. Exact Annex is applied when you use the specific Service.