You” refers to the person, company, or organization that uses our Services and access our Website and “LoCoins/We/Us/Our” refers to Bitnik d.o.o., Štihova ulica 13, 1000 Ljubljana, Slovenia. All references to the “Website” shall include all URL’s operated by us.
Your use/access of our Website and/or our Services is subject to the terms and conditions set forth in these Terms. By accessing and/or using our Website and/or our Services you agree to be bound by the terms of these Terms. IF YOU DO NOT ACCEPT THE TERMS OF THESE TERMS, DO NOT REGISTER ON OUR WEBSITE, USE OR ACCESS OUR SERVICES.
We reserve the right to change these Terms at any time without any notice to you. Your continued access/use of our Services and/our our Website constitutes your acceptance of the latest Terms.
“Services” apply to any access and use of our Website at: https://locoins.eu, our online services, our mobile apps (if applicable) and any of our services related to or utilizing any of the foregoing. LoCoins provides a way to exchange Digital Assets for fiat currency and vice versa through the Retailers, using our online service. “Digital Asset” means bitcoins and other digital assets that may be purchased or sold via the Services. Our Services are available in the following territories: Slovenia, Croatia and Italy. We may add additional territories or remove territories based on our sole discretion, whereas all the territories where our Service is available shall be seen on our Website. The territories specified in our Website (and not necessary in the Terms) shall be the territories where our Service will be currently available.
We provide the following services:
- Digital Asset exchange services. You can exchange Digital Assets for fiat currency and vice versa via our Retailer on physical location, in accordance with applicable jurisdiction of each Retailer and as specified in these Terms. You can exchange Digital Assets for fiat currency via Retailers in the manner that you send Digital Assets to electronic crypto currency address designated to you online and receive fiat currency from the Retailer on physical location. You can exchange fiat currency for Digital Asset by delivering fiat currency to Retailer or using Retailer’s supported payment methods such as bank transfer of credit cards and receiving Digital Assets on the electronic address you provide to us through our Website. Exchange services may require user identification in order to comply with anti money laundering regulation. Please note that exchange transactions via Retailers are subject to fees associated with transactions as specified in section 5 of these Terms.
Please note that the risk of loss in trading or holding Digital Asset can be substantial. You should therefore be aware of the associated risks and carefully consider whether purchasing or holding Digital Assets is suitable for you in light of your financial condition.
Our Services may evolve over time. This means we may make changes, replace, or discontinue (temporarily or permanently) our Services at any time for any reason with or without notice. In this case, you may be prevented from accessing or using our Services. If, in our sole discretion, we decide to permanently discontinue our Services, we will provide you with notice via our website.
You must be at least 18 years old to use our Services and you must not be politically exposed person as defined below or as further specified by regulations of your specific jurisdiction. By using our Services you represent and warrant that you: (a) are at least 18 years old; (b) you have full power and authority to enter into this agreement (c) have not been previously suspended or removed from using our Services (c) your are not politically exposed person.
If you are using the Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (b) you are duly authorized by such legal entity to act on its behalf.
In accordance with Article 61 of Prevention of Money Laundering and Terrorist Financing Act (ZPPDFT-1 ) and Article 3 of Directive (EU) 2015/849 the use of our Services is prohibited to politically exposed person. You are not allowed to use our Services if you or in the event of legal entity, your statutory representative is a politically exposed person. Politically exposed person means any natural person who is or has been entrusted with prominent public function in any EU member state or any third country in the previous year or is so currently, including tis immediate family members and close associates. Natural persons who are or have been entrusted with prominent public function are considered to be the following: (i) head of state, prime ministers, ministers and their deputies or assistants; (ii) elected representatives in legislative bodies; (iii) members of executive bodies of political parties (iv) members of supreme and constitution courts and other high-level judicial authorities against whose decisions there is no ordinary or extraordinary legal remedy, save in exception cases; (v) members of courts of audit and boards of governor of central banks; (vi) ambassadors and counsels and head of representatives of international organizations, their deputies and high-ranking officers of armed forces; (vii) members of the management or supervisory bodies of undertakings in majority state ownership (viii) head of international organizations (such us general secretes, directors, judges), their deputies and members of leading organs or carriers of equivalent functions in international organizations. Immediate family members considered to be politically exposed persons are: spouse, common law partner, parents and children and their spouses or common law partners. Close associate means any natural person who has a joint profit from property or business relationship or has any other close business links.
By using LoCoins Services you further represent and warrant that you are not an individual or entity that is, or an entity owned or controlled by persons or entities that are, (i) the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, the Swiss government, or any other governmental authority with jurisdiction over LoCoins or the LoCoins Services; (ii) identified on the Denied Persons, Entity, or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or (iii) located, organized or resident in a country or territory that is, or whose government is, the subject of U.S. economic sanctions, including, without limitation, Cuba, Iran, North Korea, South Sudan, Sudan, or Syria. You further represent that you will not use the LoCoins Services to conduct any transaction with or on behalf of any person or entity listed in clauses (i) through (iii) above or otherwise in violation of law. LoCoins may cease to provide the LoCoins Services to you for any reason, and with no notice, if it determines that you have violated any of the above representations. You understand and consent that LoCoins may be legally required to detain, to deny your access to, and to report to one or more governmental authorities, such of your property or property interests as are in LoCoins possession or control in the event of certain sanctions imposing these obligations. These representations, covenants, and obligations are continuing and you agree to notify LoCoins immediately in writing if your status under any of the above covenants changes.
- HOW DOES IT WORK
- The Process of Exchange Services. The exchange services are conducted through our Website and through Retailers on physical locations as follows:
- you need to register on our Website
- you choose the Retailer on physical location where you want to receive or pay fiat currency
- you designate in our Website whether or not you want to buy or sell Digital Assets, the amount of Digital Assets you wish to sell or buy
- in the event you want to exchange Digital Assets for fiat currency you need to provide your crypto currency address in our Website
- the exchange rate / price for purchase or sell of Digital Asset shall be displayed online, which you need to confirm
- if you are purchasing Digital Assets, you will be obligated to finalize the transaction with chosen Retailer within 24 hours from your confirmation of the transaction, otherwise the transaction shall be cancelled. You shall pay fiat currency to the Retailer, Retail shall designate such payment in our Website and you will receive Digital Assets on your crypto currency address
- if you are selling Digital Assets, you will need to transfer Digital Assets to the crypto currency address displayed to you on through the Website. This crypto currency address shall be individual and specific for each user. Once the Digital Assets shall be transferd to designated crypto currency address the transaction shall be confirmed and we will send you a confirmation email that you can collect your fiat currency with the designated Retailer.
- Registration. If you would like to use or Services you must register on our Webiste. When you register on our Website you will need to provide a user name and password you can then use to access your account and log on to the Website. We reserve the right to reject user names that are offensive, defamatory or otherwise unsuitable. You accept it is your sole responsibility to maintain the confidentiality of your username and password and you are responsible for all activity that occurs under your Account. You should make sure you are the only person using your Account and you agree to notify us of any unauthorized use of your Account and any other breach of security as soon as you become aware of it. You may only create one account to use our Service and you are responsible for all activated that occur under your account. Created account is personal to you and you warrant and represent that you shall not create multiple account. If we have any suspicions to believe you have created multiple account, we can suspend your account and act accordingly with the valid legislation.
- TERMS OF SERVICES
- Prices for Digital Asset. Exchange Rates (purchase and selling prices) for Digital Asset shall be specified on our Website and are subject to real time changes. Once you start with your desired transaction through our system (purchase or sell), the price will be locked for a reasonable amount of time required to finalize the transaction. Purchase and selling price (exchange rate) may change for an open order before it is finalized. All Digital Asset sales and purchases by LoCoins are subject to Retailer’s availability.
Errors. If an error occurs during the time your transaction is being processed online through our Website, or otherwise, you need to contact us on our following email: [email protected] within 24 hours from the time the error has occurred. If any such error occur, we reserve the right to correct such error or to cancel the purchase and refund any amount received. We will not resolve errors not reported in accordance with this section.
If an error occurs when you are purchasing Digital Asset (exchanging fiat currency for Digital Asset), meaning if you submit a valid request through our Website and such request is confirmed by our system, nad you have payed the fiat amount , but you do not receive Digital Asset on your electronic address, you need to inform us immediately via email specified above and we will investigate the reason for such failure. If such error has occurred due to our system failure, we will forward Digital Assets to your electronic address.
If an error occurs when you are selling Digital Asset (exchanging Digital Asset for fiat currency), meaning if you had made a request through our Website and such request was confirmed by our system and you have send Digital Asset to the given electronic address and the receipt of Digital Assets was not recognized and noted in our system and due to this, Retailer is not entitled to render fiat currency to you, inform us immediately via email specified above and we will investigate the reason for such failure. If such error has occurred due to our system failure, we will refund you a fiat amount based on the exchange rate valid at the time of confirmation of transaction.
Your sole remedy in the event of an error is to cancel your transaction purchase order and obtain a refund in accordance with the provision of this section.
Payment Method. Only valid payment methods specified by us and/or Retailer may be used to purchase/exchange Digital Asset. You represent and warrant that you are authorized to use the designated payment method. If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.
No Returns or Refunds. Once a transaction has been initiated, it cannot be reversed. Purchases using a bank account, debit card, or credit card may be reversed or may be subject to a chargeback or related claim. All payment transactions processed through the Services are non-refundable. You may have additional refund or charge-back rights under your agreement with the recipient of such funds, your bank, or applicable law.
Taxes. Current legislation in most jurisdiction currently exempt any gain from the exchange services from payment of Value Added Tax (in Slovenia this is determined in point d, section 4 of Article 44 of Value Added Tax Act (ZDDV-1)). However, this may not be the case in all jurisdictions where the Services are available and you expressly agree and acknowledge that if so required by law, you are obligated to pay Value Added Tax. You are obligated to pay any and all taxes in connection with the transaction and if so required by law and report such transactions to applicable national authorities.
- Service Fee. You agree to pay a certain percentage of Service Fee for the exchange service conducted through our Service. Service Fee shall be already included in Digital Asset price displayed in the time of your transaction. You can also review our Fees per Retailer on our Website at any time.
- Third-Party Fees. In addition to the LoCoins Fees, some additional third-party fees may apply when purchasing and/or selling Digital Assets. For example, you are obligated to pay Mining Fee when you are selling Digital Assets to us. Additionally, your External account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reflected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider and any other third-party fees.
LoCoins reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Third Party Site. LoCoins may seek to gather information from the user who is suspected of violating these Terms and from any other user. LoCoins may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If LoCoins believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. LoCoins will fully co-operate with any law enforcement authorities or court order requesting or directing LoCoins to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms.
- ACCEPTABLE USE
When accessing and using our Services, you agree and acknowledge that you will use the Services in accordance with these Terms and with applicable law and that you will not violate any law, contract, intellectual property, privacy or other third-party right or commit a tort and that you are solely responsible for your conduct while using the Services. Without limiting the generality of the foregoing, you agree, represent and warrant that you will not:
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Use our Services to pay for, support or otherwise engage in any illegal activities; including but not limited to: gambling, fraud; money-laundering; or terrorist activities; or other illegal activities;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
- Use or attempt to use another user’s account without authorization;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
- Develop any third-party applications that interact with our Services without our prior written consent;
- Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveler’s checks, and escrow services
- Provide false, inaccurate, or misleading information; and
- Encourage or induce any third party to engage in any of the activities prohibited under this Section;
- create multiple Account to use our Services.
For the purpose of account security, LoCoins reserves the right to request additional information at any time to support the verification of user identities.
- INTELECTUAL PROPERTY RIGHTS
LoCoins reserves all rights, titles and interest to the Services, Website and LoCoins Intellectual Property, whether registered or not, except of the copyright of third parties’ technologies. For the purposes of this Terms, “Intellectual Property Rights” means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audio-visual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, under the laws of any state, country, territory or other jurisdiction.
Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right to You, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Services, Website and LoCoins Intellectual Property may be used only as provided in these Terms.
In connection with your use of our Services you may provide us with your Feedback (suggestions, ideas, reviews, comments, material and questions or other information and/or material regarding our Services). We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials You provide to us, regarding our Services, whether by email, posting through our Services or otherwise. You waive any rights you may have to the Feedback (including any copyrights to the extend permitted by law) and we will be entitled to such Feedback for any purpose (including commercial use), without acknowledgment or compensation to you. And Feedback you provide to us is non-confidential, non-proprietary and is not subject to a third party license and we have no liability for any loss or damage suffered by you as a result of the disclosure or use of such Feedback. We have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
- THIRD PARTY WEBSITES
Our Services may include links to third party websites (“Third Party Sites”). If you use any links made available through our Services to reach other websites not maintained by LoCoins you will leave our Services and Website. The linked sites are not under the control of LoCoins and LoCoins is not responsible for the content of any linked site or any link contained in a linked site. The linked sites are governed by the terms and conditions of that site.
LoCoins shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, statements, representations, advertising, products, services or other materials available on or through Third Party Sites. LoCoins provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by LoCoins of the linked website, nor does it imply that the linked website recommends, approves of, or endorses LoCoins.
- CHANGES TO THESE TERMS
We reserve the right, at are sole discretion, to modify or replace these Terms at any time. It is your sole responsibility to review these Terms periodically. If at any time You find these Terms unacceptable or if you do not agree to these Terms, please do not use our Services. You will be deemed to have accepted such changes by continuing to use our Services/access our Website.
- WARRANTY DISCLAIMER
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR SERVICES ARE PROVIDED ON AN “AS IS,” AND “AS AVILABLE” BASIS. YOU EXPRESSLY WAIVE AND WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES REGARDING OUR SERVICES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
LOCOINS DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED IN REASONABLE TIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. Except as required by law, we will not be responsible for any loss or damage caused by: (a) interruption or delay to the Website or errors, viruses or bugs contained in the Website caused by events outside our reasonable control; (b) your negligence, your breach of these Terms or failure to follow our reasonable instructions; (c) any incompatibility of the Website with any other software or material on your equipment; (d) any unauthorized use of the Website; or (e) any other factor that is outside our reasonable control.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL LOCOINS (INCLUDING LOCOIN’S RETAILERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR USE OR INABILITY TO USE OUR SERVICE; (B) UNATOHORIZED ACCESS TO YOUR ACCOUNT (C) FAILURE OF PERFORMANCE (D) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS AND PERFORMANCE OF THE SERVICES (E) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
IN NO EVENT SHALL LOCOINS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED EUROS (100,00 EUR). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATION OF LIABILIT, THERFORE THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTEND PERMITTED BY LAW IN SUCH JURISDICTIONS.
You agree fully to indemnify, defend and hold LoCoins (including LoCoin’s Retailers, officers, directors, employees, agents, suppliers and contractor) harmless from and against all claims, actions, demands, liability, damages, losses, costs and expenses (including legal fees) relating to or arising from (a) your use of, or conduct in connection with, our Services (b) your breach of these Terms or any other liabilities arising out of your use of the Services, or the use by any other person accessing the Website using your computer and/or your Personal Information (c) your violation of any rights of any other person or entity. LoCoins reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event you will cooperate in asserting any available defences.
LoCoins is committed to protect your privacy and your personal information. We shall protect your personal information in accordance with applicable regulation and we shall not share your personal data with any third parties without your prior consent. We will only use your personal data as described herein. We have implemented technical and organizational procedures for protection of personal data. However, you acknowledge that our Service and our Website is provided over the internet and so the quality and availability of the Services and our Website may be affected by factors that are outside our reasonable control such as technical faults in your network and/or telecommunication providers’ network/service, therefore we may not exclude the possibility of data breach. For the purpose of General Data Protection Regulation (Regulation (EU) 2016/679) LoCoins is the data controller.
We collect and process the following information about you:
• Personal information you provide us, when you register on our Website, post Feedback, contact us, or if you report a problem with the Services. Such information may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph or any other information from which you may be personally identified (“Personal Information”).
- Non-Personal Information we automatically collect when you visit the Website, such as technical information detailing your visits to the Website including but not limited to traffic data, location data and other communication data.
• Information we receive from other sources, for example if you use any of the other websites we operate or the other services we provide. We also work closely with third parties and may receive information about you from them, which we may combine with information you give to us and information we collect about you.
We use the information collected and held about you primarily to provide you with the Services you have requested when you register to use the Website and for administration purposes. We disclaim all liability regarding the accuracy of information’s provided from the users.
By registering on our Webiste you hereby agree to the collection and use of your data as described herain. To request access and/or deletion to your personal information, or if you are concerned that any of the information we hold on you is incorrect, please email us at [email protected].
- TERMINATION AND SUSPENSION OF THE SERVICES
We reserve the right to terminate and/or suspend your access to our Services/Website, without giving you prior written notice and delete all related information and files related to your use of our Services/Website, without liability to you, at any time for any reason, including, but not limited to, if based on our sole discretion believe: (i) You have violated these Terms, (ii) You create risk or possible legal exposure for us.
- GENERAL PROVISIONS
- Entire Agreement
These Terms together with Privacy contain the entire Agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with LoCoins for the Services. In the event of any conflict between these Terms and any other agreement you may have with LoCoins, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
- No Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Force Majeure
We shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
We may transfer, assign or delegate the Terms and its rights and obligations without consent. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from LoCoins.
- Governing Law
The Terms shall be governed by and construed in accordance with the laws of Republic of Slovenia, and the parties submit to the exclusive jurisdiction of competent court of Ljubljana, Slovenia. Any complaints may be submitted through the email: [email protected]. The procedure regarding any complients is confidential.
If You need to contact us in relations to these Terms please email us to: [email protected]
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND BY USING OUR SITE YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS AND GRANT LOCOINS THE RIGHTS SET FORTH HEREIN.
©LoCoins (August, 2017)