Terms of Use
1 These terms
1.1 These terms of use govern your use and access to our
services, including our website(s), our application(s), our
application programming interfaces (APIs), our notifications and any
information or content appearing therein (collectively our
“Platform”).
1.2 By using our Platform, you agree to these terms
regardless of whether you are paying user or a non-paying visitor. If
you are using our Platform as a representative of an entity, you are
agreeing to these terms on behalf of that entity.
1.3 You should
also read our Privacy Policy which sets out how we collect and use
your personal information.
2 About us and how to contact us
2.1 For any questions or problems relating to our Platform, our
products or services, or these terms, you can contact us by emailing
us at support@cryptolocally.com.
2.2 Please refer to our
Privacy Policyfor
information about what personal data we collect and what we do with
it. It is important that you read our privacy policy, which may be
updated from time to time, and understand how we use your information
and the rights that you have about your information.
2.3 If we
have to contact you, we will do so by telephone or by writing to you
at the email address or postal address you provided to us.
2.4
When we use the words "writing" or "written" in these terms, this
includes emails.
3 Changes of terms
3.1 We may amend these
terms from time to time by posting the updated terms on our Platform.
If we make material changes, we will notify you of the changes before
they become effective. By continuing to use our Platform and our
services after the changes come into effect means that you agree to be
bound by the revised policy.
4 Availability of our services
4.1 We are constantly changing and improving our Platform and
the products or services we provide. We may from time to time change
or discontinue any of the products or services we offer, or add or
remove functionalities or features, and we may suspend or stop certain
products, services, functionalities or features altogether. If we
discontinue certain products, services, functionalities or features,
we will give you advance notice where reasonably possible.
4.2
We may release products, services, functionalities or features that we
are still testing and evaluating. We will label such services as
“beta”, “preview”, “early access” or “trial” or any words or phrases
with similar meanings. You understand that these beta services are not
as reliable as other products or services we offer.
4.3 We
reserve the right to limit your use of our Platform and the services
we provide, including the right to restrict, suspend or terminate your
account if we believe you are in breach of these terms or are misusing
our Platform or any services we provide.
4.4 We try our best to
ensure that our Platform is always available, but we do not guarantee
that the operation of or access to our Platform will be uninterrupted
or continuous. Our Platform may be interrupted for maintenance,
repairs, upgrades, network or equipment failures.
4.5 You are
responsible for configuring your information technology, computer
programmes and platform or system in order to access our Platform. We
do not guarantee that our Platform will be free from bugs or viruses.
4.6 If the Platform is informed that any Digital Assets or funds
held in your Platform Account are stolen, or illegitimately,
illegally, or fraudulently acquired, or otherwise are not lawfully
possessed by you, the Platform may, but has no obligation to, place an
administrative hold on the affected funds and your Platform Account.
If the Platform does lay down an administrative hold on some or all of
your funds or the Platform Account, the Platform may continue such
hold until such time as the dispute has been resolved and evidence of
the resolution acceptable to the Platform has been provided to the
Platform in a form acceptable to the Platform. The Platform will not
involve itself in any such dispute or the resolution of the dispute.
You agree that the Platform will have no liability or responsibility
for any such hold, or for your inability to withdraw Digital Assets or
funds or execute trades during the period of any such hold.
5
Your account and password
5.1 In registering for an account on
our Platform, you must provide truthful, accurate and up-to-date
information about yourself. You should choose a strong and secure
password. You must keep your password secure and confidential.
5.2 You agree not to share your account credentials or give
others access to your account. If and when we detect that an account
is shared by multiple users, we may treat this as a security breach
and suspend or terminate your account.
5.3 We have the right to
disable any password, whether chosen by you or allocated by us, at any
time, if in our reasonable opinion you are in breach of these terms.
5.4 You agree to follow our Acceptable Use Policy, which is set
out at the end of these terms.
5.5 You are responsible for all
actions or activities that happens by, through or under your account,
unless you report misuse.
6 Use of the platform
6.1 You
must comply with the Acceptable Use Policy and all applicable laws and
regulatory requirements, including privacy laws and intellectual
property laws in using or accessing the Platform.
6.2 Subject to
your payment of applicable fees, we give you a personal, worldwide,
royalty-free, non-assignable, non-transferrable, non-sublicensable,
non-exclusive and revocable licence to access and use our Platform,
including any software or application as part of the services we
offer. This licence is for the sole purpose of enabling you to use and
enjoy the benefit of our Platform as provided by us and in the manner
as permitted by these terms.
6.3 This licence to use our
Platform will terminate if you do not comply with these terms or other
additional terms or conditions imposed by us from time to time.
6.4 You must not copy, modify, distribute, sell, lease, loan or
trade any access to the Platform or any data or information on it.
7 Your rights
7.1 You retain your rights to any
information or content you submit, post or display on or through the
Platform (“Your Content”). By submitting, posting or displaying such
content, you grant us a worldwide, non-exclusive, royalty-free licence
(with the right to sublicense) to use, process, copy, reproduce,
adapt, modify, publish, transmit, display and distribute such content
in any and all media or through any distribution channels (now known
or later developed), subject to the applicable provisions in our
Privacy Policy.
7.2 You are responsible for your use of Your
Content and any consequences thereof, including any consequences of
the use of Your Content by other users or third parties. We are not
responsible or liable for any use of Your Content, nor the use of any
content or information submitted or posted by other users or visitors.
7.3 You warrant that Your Content is not and will not infringe
rights of any third parties and that you have all the necessary
rights, power and authority to satisfy your obligations with regard to
Your Content under these terms.
7.4 If you believe your
intellectual property rights have been infringed, please contact us by
emailing us at admin@cryptolocally.com .
8 Our rights
8.1
All intellectual property rights subsisting in the Platform or the
products or services we provide belong to us or have been lawfully
licensed to us. All rights under applicable laws are hereby reserved.
You must not upload, post, publish, reproduce, transmit or distribute
any content or component of our Platform in any way, or create any
derivative works with respect to any such content or component.
8.2 We may (at our discretion but are not obliged to) review
content or information submitted or posted by users on our Platform.
We reserve the right to remove any content which we consider as
offensive, harmful, deceptive, discriminative, defamatory or otherwise
inappropriate or misleading, or content that we believe may be
infringing rights of third parties. We do not endorse or support any
views expressed by any users on our Platform.
8.3 Our name
“CryptoLocally” and our marks and logos are our trade marks (be it
registered or unregistered) and may not be used without our express
prior written consent.
9 Integrations
9.1 We integrate
with third-party software to provide a full suite of functionalities
to our users. We are not responsible for any issues or loss arising
from the use of any third-party software. Your access and use of the
third-party software is governed by the terms of service or user
agreements of that software.
10 Feedback
10.1 We value and
welcome feedback on our Platform. You agree that we are free to use,
disclose, adopt and/or modify any feedback and any information
(including any ideas, concepts, proposals, suggestions or comments)
provided by you to use in connection with our Platform or any products
or services we offer, without any payment to you.
10.2 You
hereby waive and agree to waive any rights to claim for any fees,
royalties, charges or other payments in relation to our use,
disclosure, adoption and/or modification of any of your feedback.
11 Limitation on liabilities
11.1 Some countries or
jurisdictions may not allow the disclaimers in this clause, in which
case these disclaimers will not apply to you.
11.2 To the
fullest extent permitted by law, we (including our holding
company(ies), subsidiaries, affiliates, directors, officers,
employees, agents, representatives, partners and licensors
(collectively, “Our Entities”)) expressly limit our liabilities in
connection with or arising out of the provision of the Platform as
follows:
(a) we provide the Platform and any products or
services we offer on an “as is” and “as available” basis, and your
access to or use of our Platform is at your own risk;
(b) we
give no assurance, representation or warranty of any kind (whether
express or implied) about the Platform and any products or services we
provide;
(c) we do not guarantee that the information or content
you find on the Platform is always accurate, truthful, complete and
up-to-date;
(d) we expressly disclaim all warranties and
representations (for example, warranties of merchantability, fitness
for a particular purpose, and non-infringement);
(e) we are not
responsible for any delay or disruption in our Platform or any defect,
viruses, bugs or errors; and
(f) we are not responsible for the
conduct of or any content or information submitted or posted by any
user of the Platform (whether online or offline).
11.3 To the
fullest extent permitted by law, Our Entities are not liable to you or
others for:
(a) any indirect, incidental, special, exemplary,
consequential or punitive damages; or
(b) any loss of data,
business, opportunities, reputation, profits or revenues,
(c)
relating to the use of our Platform or any products or services we
offer.
11.4 We do not exclude or limit our liability to you
where it would be illegal to do so. This includes any of our liability
for fraud or making fraudulent misrepresentation in operating the
Platform or providing the products or services we offer.
11.5 If
you are using the Platform as a consumer, in some countries or
jurisdictions you may have certain legal rights as a consumer. In such
cases, nothing in these terms limit your legal rights as a consumer
that may not be waived by contract.
11.6 Other than the types of
liabilities that we cannot limit by law, the liabilities of Our
Entities to you (on aggregate) are limited to the amount you have paid
us (if any) for the use of our Platform or for any products or
services we offer over the last twelve (12) months.
12 Your
representation
12.1 Our Platform is not intended for and may not
be used by minors. By using our Platform, you represent that you are
an adult and that you are able to legally enter into contractual
agreements.
12.2 If you are using the Platform on behalf of an
entity, by using the Platform you represent that you have the
necessary rights and authority to agree to these terms (and our
Privacy Policy, Acceptable Use Policy and other documents referred to
herein) on behalf of that entity.
13 Indemnity
13.1 You
agree to indemnify and hold Our Entities harmless from and against all
liabilities, damages, claims, costs (including legal fees and costs),
and expenses in connection with or arising from (i) your breach of
these terms, (ii) your use of our Platform and/or (iii) any
misrepresentation made by you.
13.2 You also agree to fully
co-operate with us in the defence or settlement of any claim in
relation to or arising out of our Platform or these terms.
14
Termination
14.1 These terms will continue to apply until
terminated by either you or us as follows.
14.2 You may stop
using the Platform any time by deactivating your account.
14.3
We reserve the right to suspend or terminate your access to our
Platform, if we reasonably believe:
(a) you are in serious or
repeated breach of these terms (including a prolonged failure to
settle any payment);
(b) you are using the Platform in a manner
that would cause a real risk of harm or loss to us, other users, or
the public;
(c) we are requested to do so by government or
regulatory authorities or as required under applicable laws,
regulations or legal processes; or
(d) our provision of the
Platform to you is no longer possible or commercially viable.
In
any of the above cases, we will notify you by the email address
associated with your account or at the next time you attempt to access
your account, unless we are prohibited from notifying you by law.
14.4 Upon termination of your access, these terms will also
terminate except for Clauses 11 to 18.
14.5 Where we consider
necessary or appropriate, we will report any breach of these terms (or
the Acceptable Use Policy) to law enforcement authorities and we will
cooperate with such authorities by disclosing your identity and
providing any information about you within our systems to them.
15 Entire agreement
15.1 These terms constitute the entire
agreement between any user and us in relation to the use of or any
transactions on the Platform. These terms supersede and extinguish all
other agreements, promises, assurances, warranties, representations
and understandings between any user and us, whether written or oral,
in relation to the use of or any transactions on the Platform.
15.2 You acknowledge that you will have no remedies in respect
of any statement, representation, assurance or warranty (whether made
innocently or negligently) that is not set out in these terms.
16 Other important terms
16.1 We may transfer our rights
and obligations under these terms to another organisation. We will
contact you to let you know if we plan to do this. If you do not wish
to continue the contract with the transferee, you may contact us to
end the contract within one (1) calendar month of us informing you of
the proposed transfer and we will refund you any payments you have
made in advance for any products not provided.
16.2 You may only
transfer your rights or your obligations under these terms to another
person if we agree to this in writing.
16.3 If a court finds
part of this contract illegal, the rest will continue in force. Each
of the paragraphs 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.
16.4
Even if we delay in enforcing this contract, 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. For example, if you miss
a payment and we do not chase you but we continue to provide the
products, we can still require you to make the payment at a later
date.
17 Contact
17.1 If you have any questions about
these terms or the Acceptable Use Policy, please contact us by
support@cryptolocally.com.
18 Governing law and jurisdiction
18.1 These terms are governed by and shall be construed in
accordance with the laws of the Hong Kong Special Administrative
Region.
18.2 The courts of the Hong Kong Special Administrative
Region shall have exclusive jurisdiction to settle any dispute or
claim arising out of or in connection with these terms.
Acceptable Use Policy
18.3 As part of the terms of use,
you agree not to misuse the Platform or help anyone else to do so. For
example, you agree not to do any of the following in connection with
the Platform:
(a) use our Platform for unlawful or unauthorised
purposes;
(b) re-sell or attempt to benefit in a commercial
fashion from any data, content or information available on the
Platform;
(c) probe, scan, or test the vulnerability of any
system or network;
(d) breach or otherwise circumvent any
security or authentication measures or service use limits;
(e)
access, tamper with, or use non-public areas or parts of the Platform;
(f) interfere with or disrupt any user, host, or network, for
example by sending a virus, trojan, worm, logic bomb, or any other
material that is malicious or technologically harmful, overloading,
flooding, spamming, or mail-bombing any part of the Platform, or by
scripting the creation of any content in such manner as to interfere
with or create an undue burden on the Platform;
(g) reverse
engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for the Platform or any related technology that
is not open source;
(h) access, search, or create accounts for
the Platform by any means (automated or otherwise) other than our
publicly supported interfaces (for example, "scraping" or creating
accounts in bulk) or attempt to do so;
(i) send unsolicited
communications, promotions or advertisements, or spam;
(j) forge
any TCP/IP packet header or any part of the header information in any
email;
(k) send altered, deceptive, or false source-identifying
information, including "spoofing" or "phishing";
(l) conduct
surveys, contests, or pyramid schemes, or promote or advertise
products or services without appropriate authorisation;
(m)
abuse referrals or promotions;
(n) post, publish, upload,
display, distribute, or share materials that are unlawful,
inappropriate, profane, pornographic, obscene, indecent, libelous,
defamatory, abusive, or knowingly false, and/or that infringe
intellectual property rights;
(o) violate the letter or spirit
of our terms of use;
(p) violate applicable laws or regulations
in any way; or
(q) violate the privacy or infringe the rights of
others.
Last updated: 20 March 2020