Elcoin Terms of Use

 
Please read these terms of use carefully. By accessing or using the site you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to these terms, do not use this website.
 
These Terms of Use ("Terms") apply to your access to, and use of, the websites of Multimodal Commerce LP and its subsidiaries and affiliated companies ("Elcoin", "we" or "us"), including elcoin.space (collectively, the "Site").
Elcoin reserves the right to change or modify the terms and conditions contained in these Terms or any policy or guideline of the Site, at any time and in its sole discretion. We will provide notice of these changes by posting the revised Terms to the Site and changing the "Last Revised" date at the top of the Terms, or by providing other means of notice as Elcoin will determine each time in its sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and will apply to your subsequent use of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site will confirm your acceptance of such changes or modifications; therefore, you should review the Terms and applicable policies whenever you use the Site to understand the terms that apply to such use. The most current version of the Terms can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site.
 
Preface
 
Elcoin is an online tool, which enables to store, use, exchange and manage different cryptocurrencies such Elcoin, Bitcoin and others using our wallet service. 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.
 
Eligibility
 
By accessing or using the Site, you represent and warrant that you have not previously been suspended or removed from the Site. You must be an individual of at least 13 years of age. You can use our Services only if you can lawfully enter into an agreement to these Terms under applicable law. If you use our Services, you agree to do so in compliance with these Terms and with applicable laws and regulations. You further represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Terms.
 
Registration and Account
 
In order to access and use certain features on the Site, you must create an account with Elcoin ("Account").
You agree to:
(a) provide accurate, current and complete information when creating or updating an Account;
(b) maintain and promptly update your Account information;
(c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer;
(d) promptly notify Elcoin if you discover or otherwise suspect any security breaches related to the Site;
(e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
 
Account Suspension & Closure
 
We may, without liability to you or any third party, refuse to let you open an account, suspend your account, or terminate your account or your use of one or more of the Services. Such actions may be taken as a result of account inactivity, failure to positively identify yourself, if we believe your account has been compromised, in order for us to comply with laws or regulations, or your violation of the terms of this Agreement. If you have cryptocurrency remaining in an account, which has been suspended or closed, you will be able to access such cryptocurrency and withdraw them to an external cryptocurrency address (unless prohibited by law or a court order). If you are unable to login to your account because it has been suspended, you must contact us at [email protected] to process such withdrawal. If you have linked a bank account, debit card, or credit card to your account, we reserve the right to require you to provide further identifying information before processing such withdrawal or transfer.
You may terminate this Agreement at any time by closing your account and discontinuing use of the Services. Upon termination of this Agreement and your account, you remain liable for all transactions made while the account was open.
 
Dormant Accounts
 
A Dormant Account is defined as a user account with no login or other activity for more than 360 days. Elcoin may, but shall not be obligated to, move funds out of the account and into a secure Master Storage account for safe keeping. When a user resumes activity on a dormant account, the Master Storage funds can be retrieved by contacting support for a security review and reinstatement.
 
Transaction Limits and Refunds
 
Elcoin reserves the right to change the deposit, withdrawal, conversion, storage, and velocity limits on your account as well as the availability of the Services as we deem reasonably necessary. Once a cryptocurrency transaction has been initiated, it cannot be reversed or refunded.
 
Privacy Policy
 
Please refer to our Privacy Policy for information about how we collect, use, and share your personal information.
 
Confidentiality of Transmissions Over the Internet
 
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not one hundred percent secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, Elcoin does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including without limitation transmissions involving the exchange of e-mail with Elcoin containing your personal information. While Elcoin shall take commercially reasonable efforts to safeguard the privacy of the information you provide to Elcoin and shall treat such information in accordance with Elcoin's Privacy Policy, in no event will the information you provide to Elcoin be deemed to be confidential, create any fiduciary obligations to you on Elcoin's part, or result in any liability to you on Elcoin's part in the event that such information is inadvertently released by Elcoin or accessed by third parties without Elcoin's consent.
 
Cryptocurrency Transactions
 
Elcoin cannot and does not guarantee the value of cryptocurrency. You acknowledge and agree that the value of cryptocurrency is highly volatile and that buying, selling, and holding cryptocurrency involves a high risk. Additionally, the cryptocurrency consensus network is solely responsible for verifying and confirming proposed transactions that you submit via the Services, and Elcoin cannot and does not confirm, cancel, or reverse cryptocurrency-to-cryptocurrency transactions, other than confirmation of the cryptocurrency network’s completion of a transaction.
The cryptocurrency network is operated by a decentralized network of independent third parties. Once a transaction request has been submitted to the cryptocurrency network via the Services, the cryptocurrency network will automatically complete or reject the request and you will not be able to cancel or otherwise modify your transaction request. You acknowledge and agree that Elcoin is not responsible for any errors or omissions that you make in connection with any cryptocurrency transaction initiated via the Services. The Services help you submit your cryptocurrency transaction request for confirmation to the cryptocurrency network. However, Elcoin has no control over the cryptocurrency network and therefore cannot and does not ensure that any transaction request you submit via the Services will be completed. You acknowledge and agree that the transaction requests you submit via the Services may not be completed, or may be substantially delayed, by the cryptocurrency network. When you complete a transaction request via the Services, you authorize us to submit your transaction request to the cryptocurrency network in accordance with the instructions you provide via the Services.
 
Third Party Applications
 
If you grant express permission to a third party to connect to your account, either through the third party's product or through Elcoin, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Elcoin responsible for, and will indemnify Elcoin from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
 
Application Programming Interface
 
Any person or entity who uses Elcoin 's Application Programming Interface ("Elcoin API") must comply with the terms of this User Agreement and/or any other conditions as Elcoin may put into place in its sole discretion from time to time. The Elcoin API is owned by Elcoin and is licensed to Elcoin API users on a non-exclusive, non-sublicensable basis.
 
Changes to this Agreement
 
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
 
Force Majeure
 
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
 
Change of Control
 
In the event that Elcoin is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
 
Export Controls
 
The Elcoin Services may be subject to export control regulations under applicable law. By using the Elcoin Services you represent 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 Hong Kong government, or any other governmental authority with jurisdiction over Elcoin or the Elcoin 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, Sudan, or Syria. You further represent that you will not use the Elcoin 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. Elcoin may cease to provide the Elcoin 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 Elcoin 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 Elcoin's possession or control in the event of certain sanctions imposing these obligations. These representations, covenants, and obligations are continuing and you agree to notify Elcoin immediately in writing if your status under any of the above covenants changes.
 
Arbitration
 
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ELCOIN INTERNATIONAL AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Any controversy or claim arising out of or relating to these Terms, or the breach of these Terms, shall be settled by binding arbitration in accordance with the rules of net-arb.com. The costs of arbitration shall be initially borne by the party initiating arbitration and later apportioned by the arbitrator. The arbitrator's decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator's award.
 
Modifications to the Site
 
Elcoin reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Elcoin will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
 
Indemnification
 
You agree to defend, indemnify and hold harmless Elcoin, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
 
Disclaimer of Warranties
 
ELCOIN PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SITE OR THE ELCOIN MATERIALS. THE SITE AND ELCOIN MATERIALS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ELCOIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. ELCOIN DOES NOT REPRESENT OR WARRANT THAT ELCOIN MATERIALS OR THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE ELCOIN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, ELCOIN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Elcoin reserves the right to change any and all content contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Elcoin.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
 
Limitation of Liability
 
IN NO EVENT WILL ELCOIN, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE ELCOIN MATERIALS OR THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ELCOIN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ELCOIN'S RECORDS, PROGRAMS OR SITE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ELCOIN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ELCOIN FOR ACCESS TO OR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
 
Survival
 
Upon termination of your account or this Agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
 
Website Accuracy
 
Although we intend to provide accurate and timely information on the Elcoin Site, the Elcoin Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Elcoin Site are your sole responsibility and we shall have no liability for such decisions.
 
Limited License and Intellectual Property Rights
 
We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license, subject to the terms and conditions of this Agreement, to access and use the the Services solely for approved purposes as determined by Elcoin. Any other use of the Services is expressly prohibited. Elcoin and its licensors reserve all rights in the Services and you agree that this Agreement does not grant you any rights in or licenses to the Services except for the limited license set forth above. Except as expressly authorized by Elcoin, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in whole or in part. If you violate any portion of this Agreement, your permission to access and use the Services may be terminated pursuant to this Agreement. "Elcoin.space", "Elcoin" and all logos related to the Services are either trademarks, or registered marks of Elcoin or its licensors. You may not copy, imitate, or use them without Elcoin's prior written consent. All right, title, and interest in and to the Cryptonator website, any content thereon, the Services, and all technology and any content created or derived from any of the foregoing is the exclusive property of Elcoin and its licensors.
 
Section Headings
 
Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
 
Governing Language and Translation
 
You agree that these Terms of Use, Elcoin Privacy Policy and other notices posted through the Services have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.
 
Contacting us
 
Multimodal Commerce LP
84 Park Road, Rosyth, KY11 2JL, United Kingdom
[email protected]