Terms of Service - Rest of World

Last Updated: 3 November, 2023

 

1. HOW TO READ THIS AGREEMENT

Some capitalized terms have specific definitions in section 3. Underlined words in this Agreement  contain hyperlinks to further information.

2. WHY YOU SHOULD READ THIS AGREEMENT

1. What this Agreement covers

These are the terms and conditions on which We provide our Services to You. The terms and conditions contained hereinafter ("Terms of Service/Agreement") shall apply to the use of the Website https://transak.com/ and any other linked pages, products, software(s), API keys, features, content or application services (including but without limitation to any mobile application services) in connection therewith, offered from time to time by any Transak group company ("Transak" or "We" or "Our" or "Us").

Any person logging on to or using the Website (even when such person does not avail of any services provided in the Website ("Services") (hereinafter referred to as  "User", “Your” or "You") shall be presumed to have read these terms (which includes the Privacy Policy, separately put up on the Website) and unconditionally and irrevocably accepted the terms and conditions set out herein. These Terms of Service, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and Transak. These Terms of Service do not alter in any way the terms or conditions of any other written agreement You may have with Transak for other services.

2. Why You should read this Agreement 

Please read this Agreement carefully before you start to use our Services. This Agreement (always  together with the documents referred to in it) tells you who we are, how we will provide the Services  to you, how this Agreement may be changed or ended, what to do if there is a problem and other  important information. If you think that there is a mistake in this Agreement or require any changes,  please contact us at [email protected] to discuss.

3. Other additional documents which apply to You

This Agreement refers to the following additional documents, which also apply to Your use of Our  Services:

(a) Our Global Privacy Policy, which sets out the terms on which We process any personal data We  collect about You, or that You provide to Us. By using Our Services, You consent to such  processing and You promise that all data provided by You is accurate.

(c)  Frequently Asked Questions ("FAQ") which provides answers to common customer  questions.

(d)  Acceptable Use Policy

(e) In order to receive some of our Services, You may be asked to agree to additional terms and  conditions which We will notify You about at the  relevant time.

4. Additional documents

For clarity, any additional documents referred to in this Agreement are not incorporated into this  Agreement.

5. You accept this Agreement

By using our Services (including downloading and using our App, or via the API, a social media  platform or other authorised third party), You confirm that You accept and agree to this Agreement  (including the additional documents referred to above). If You do not agree, please do not use our  Services.

6. Where to get a copy of this Agreement

You can always see the most current version of this Agreement on our Website.

3. GLOSSARY 

In this Agreement:

API means the application programming interface provided by Transak.

App means the Transak responsive web widget, the data supplied with the software and the associated  media.

Business Day means a day other than a Saturday, Sunday or a public holiday in England when  financial institutions in London are open for business.

Digital Currency(ies) refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.

Digital Asset(s) refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value including Cryptocurrency and NFTs.

Services means all products, services, content, features, technologies or functions offered by Us including purchase and sale of Digital Assets and  all related websites, applications  (including the Website, API and Transak One).

Fiat Currency means the currency which you send to/receive from the Transak App that is legal  tender that is issued by a central bank or equivalent public authority.

Financial Conduct Authority ("FCA’) means the UK’s financial services regulator.

Cryptocurrency means the Digital Currency which you send to/receive from the Transak App that is not Fiat  Currency or NFTs.

NFT means a non-fungible cryptographic token (i.e., a unique, transferrable electronic record on a blockchain network and/or distributed ledger). NFTs are intangible Digital Assets. The term NFT does not include Cryptocurrency.

Transak One means a feature/product made available by Transak to Users that enables direct to protocol fiat on-ramp solution in one step through supported dApps.

Transak Account means the account You have opened with Us in accordance with the terms of this  Agreement.

Website means any webpage, including but not limited to www.transak.com, where Wwe provide the  Services to You.

4. TRANSAK APP AND API

1. App subject to this Agreement and the Appstore Rules

We license the use of the App to You on the basis of this Agreement and subject to any rules and  policies applied by Our partners through which You access the Services. We do not sell the App to You.  We remain the owners of the App at all times.

2. Your right to use the App and the API

In consideration of You agreeing to abide by the terms of this Agreement, We grant You a non transferable, non-exclusive licence to use the App on Your device and the API subject to this  Agreement. We reserve all other rights.

5. WHO ARE WE AND HOW TO CONTACT US 

1. Our company information

Transak Limited (formerly Light Technology Limited) is a UK Private Limited Company with company number 11539646 having registered  address at 52 Grosvenor Gardens, London, England, SW1W 0AU. Transak Limited (formerly Light Technology Limited)  is a registered cryptoasset firm with the UK Financial Conduct Authority (FRN: 928910) under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended) in respect of its activities in digital asset.

Transak Sp. z o.o  is a company registered in Poland in the Polish Register on Virtual Currencies Business Activity (Cryptocurrencies Register) under number RDWW-498 in the Polish Virtual Currencies Business Activity Register having registered address at 46/410 Hoża Street, 00-682 Warsaw, Republic of Poland.

Transak Technology India Private Limited, a company incorporated under the Companies Act 1956 of India, is a registered Virtual Asset Service Provider with the Financial Intelligence Unit of India having its registered office at 2nd and 3rd Floor of Tejas Arcade, 527B, 528A, 529A-9/1, 1st main Road, Block Subramanyanagar, Bangalore, Karnataka, India 560010.

Transak Limited (formerly Light Technology Limited), Transak Technology India Private Limited and Transak Sp. z.o.o provide the Service under the trading name of "Transak". In this Agreement, Transak Limited (formerly Light Technology Limited), Transak Technology India Private Limited and Trabsak SP. z.o.o. are collectively referred to as “Transak”.

2. How to contact us

You can contact us by email, web chat, email or through our social media platforms via the Customer Support page of our Website or write to Us at [email protected].

6. WHO CAN USE OUR SERVICES

1. You must be 18 years or over

If You are an individual, You must be 18 years or older to use our Services and by opening a Transak  Account You declare that You are 18 years and above or You have attained the age of majority applicable in the jurisdiction You reside . We may ask you at any time to show proof of Your  age.

2. You must have authority to bind your business

If You are not an individual end user, You confirm that You have the authority to bind any business or entity on whose behalf You use Our Services, and that business or entity accepts these terms.

3. Your use of the Transak Account must not violate any applicable laws

You commit to us that your opening and/or using of a Transak Account does not violate any laws  applicable to you. You are solely responsible for understanding and complying with all the applicable laws of Your specific jurisdiction, including but not limited to the provisions related to Anti-money laundering under the Bank Secrecy Act, anti-fraud Know Your Customer (KYC) guidelines, Combating Financing of Terrorism (CFT) guidelines, public anti-bribery and anti-corruption laws , any any other applicable law issued by the relevant authorities, that may be applicable to You in connection with Your business and use of Our Services. By agreeing to our Terms of Service, You take responsibility for any consequences of breaching this section.

User undertakes that it shall, during the use of the Services, be in compliance with the mandates of OFAC and acknowledges that the User has not directly or indirectly lent, contributed or otherwise made available funds to any of its affiliates, joint venture partners or any other person or entity for the purpose of financing the activities of any person currently subject to the OFAC Specially Designated Nationals List (SDN), Consolidated Sanctions List and the Additional OFAC Sanctions List, as amended from time to time. For the purpose of this section, OFAC means the Office of Foreign Assets Control constituted under the laws of the United States of America.

7. YOUR TRANSAK ACCOUNT 

1. About your Transak Account

(a) Your Transak Account is not a financial account – you cannot hold Fiat Currency with  Transak. Nor is it a blockchain wallet – you cannot hold Digital Assets  with Transak. Your  Transak Account is a profile which You must set up before You can use Our Services.

(b) Your Transak Account allows you to pay Fiat Currency to buy Digital Assets  from Us, which  we’ll send to a blockchain wallet You hold with another person (a “Third Party”), or to sell Digital Assets to Us in return for a Fiat Currency payment from Us.

(c) The Services we offer to You may be subject to a limit on the amount of volume, stated in US Dollar terms, You may buy or sell from Us, at any given time (e.g. per transaction, daily, monthly). We will set up limits We reasonably believe are necessary to manage the risk of fraud and for compliance with AML/CFT regulations. Transaction limits will vary depending on the method of payment available to You, KYC/EDD completed, and other factors. Transak reserves the right to change these limits as We deem necessary at Our sole discretion. Please refer to Our Website or contact us if you have any questions about these limits.

(d) Unless You have Our consent in writing, You must not allow anyone to operate Your Transak  Account on Your behalf.

8. GETTING STARTED 

1. Open a Transak Account

To start using Our Services, You must open a Transak Account and provide Your details as prompted.

2.  Information must be accurate

All information You provide to Us must be complete, accurate and truthful at all times. You must update  this information whenever it changes. We cannot be responsible for any financial loss arising out of  Your failure to do so. We may ask You at any time to confirm the accuracy of Your information and/or  provide additional supporting documents. If You provide any information that is untrue, inaccurate, incomplete, or not current or if We have reasonable grounds to suspect that such information is in violation of applicable law or not in accordance with this Agreement (whether wholly or in part), We reserve the right to reject Your registration and/ or indefinitely suspend or terminate Your account and refuse to provide You access to the Website. Further, You agree to indemnify and keep us indemnified from and against all claims resulting from the use of any detail/ information/ data that You post and/ or supply to us. We shall be entitled to remove any such detail/ information/ data posted by You without any prior intimation to You.

3. Transacting on your own account

All activities under a Transak Account shall be deemed as activities carried out by the registered user.  You shall only use the Services to transact on your own account and not on behalf of any other person  or entity. Doing so is a contravention of the Terms of Service/Agreement and we reserve the right to suspend Your Transak Account and take any further actions necessary.

4. One account per person or entity

You may only open one Transak Account unless We have agreed in writing the opening of additional  accounts. Transak may refuse the creation of duplicate accounts for the same user. Where duplicate  accounts are detected, Transak may close or merge these duplicate accounts at its sole discretion. Further, In the event of any dispute between two or more parties as to ownership of any particular account with Transak, You agree that Transak shall be the sole arbitrator for such dispute and that Transak's decision in this regard will be final and binding on You.

9. GETTING TO KNOW YOU 

9.1 Customer Due Diligence

We are required by law to carry out all necessary security and customer due diligence checks on you  (including any parties involved in your transaction for example, your recipient) in order to provide any  Services to you. You agree to comply with any request from us for further information and provide  such information in a format acceptable to us. In addition, you agree that we may make, directly or  through any third party, any inquiries we consider necessary to validate the information you provided  to us, including checking commercial databases or credit reports. You authorize us to obtain one or  more of your credit reports, from time to time, to establish, update, or renew your Transak Account  with us or in the event of a dispute relating to this Agreement and activity under your Transak Account.

9.2 Your Privacy and Data Protection

In the process of User registration and while providing Services, We collect and use certain personally identifiable information from You including, but not limited to, Your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding Your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as Your biometric information. Transak is committed to protect such information and to take all reasonable precautions for maintaining confidentiality thereof. Please refer to Our Privacy Policy. The information, as referred above, may be used by Transak for providing Website Services and for the purpose of administrative, marketing and customer support services.

Your usage/access of the Services shall constitute Your acceptance to the terms and conditions as provided in this Agreement and the Privacy Policy. You can withdraw Your consent at any time by closing Your Account with Us or reach out to Us and make a request. In the event You withdraw Your consent to use Your personal information You understand that Transak will no longer be providing You the Services. However, We may retain and continue to process Your personal information if We reasonably believe it is necessary in order to comply with laws or regulations.

10. KEEP YOUR TRANSAK ACCOUNT SAFE 

1. Keep your Transak Account safe

(a) What to do. You must:

(i) Change Your password regularly and ensure that it isn't reused across other online                accounts.
        (ii) Contact [email protected] if anyone asks for Your login credentials.
        (iii) Always follow recommended password management practice, for example: https://support.google.com/accounts/ansWer/32040?hl=en.
        (iv) Set up 2-step authentication where prompted (for further instructions please refer to Our FAQ).
        (v) Keep Your e-mail account secure. You may reset Your Transak Account password using Your email address. Let [email protected] know immediately if Your email address becomes compromised.

(b) What NOT to do. You must NOT:

(i) Disclose your Transak Account credentials, to anyone else. Keep them safe.

(ii) Let anyone access your Transak Account or watch you accessing it.

(iii) Use any functionality that allows your login details or passwords to be stored by the computer  or browser you are using or to be cached or otherwise recorded.

(iv) Do anything which may in any way avoid or compromise the 2-step authentication process.

(v) Use the wallet address of another person to transfer or receive Digital Assets to or from Us.

2. Contact Us if you suspect your Transak Account has been compromised

If you suspect your Transak Account or other security credentials are stolen, lost, used without your  authorisation or otherwise compromised, you must contact [email protected] immediately. You  should also change your password. Any undue delays in notifying Us may affect the security of your  Transak Account and also result in you being responsible for financial losses.

11. BUYING AND SELLING CRYPTOCURRENCY USING YOUR TRANSAK ACCOUNT

   1. How to buy and sell Digital Asset  using your Transak Account

To purchase or sell Digital Assets from Us, You need to log in to your Transak Account and follow the steps as they appear on screen in order to place a Digital Asset purchase or sale order.  For clarity, We will receive your Fiat Currency payment as payee in case You are buying cryptocurrency from Us and We will be sending Fiat Currency to You as payer in case You are selling Digital Assets  to Us, but We are not a payment services provider.

After You log in to Your Transak Account, You can sell Digital Asset  to Us in exchange for a Fiat Currency payment from Us (a Sale order). Press "Sell Now" and follow the steps  as prompted on screen. We will charge You  Fees for each Sale order, and will let You  know the exact amount when You submit your request at which point You can choose to proceed or cancel the order. You can also find out more information about  the fees We charge on the Pricing page.

Transak will transfer the purchased Digital Asset  to Your designated nominated wallet as soon as funds have been settled to Transak which in the case of a bank account or credit or debit card may take up to five business days. You can sell a Digital Asset  and instruct Transak to deposit funds into your verified bank account or, where supported, a nominated wallet. If Transak cannot complete your transaction for any reason (such as price movement, market latency or order size), Transak reserves the right to reject the order and notify You of such rejection. You may be charged a processing fee for a rejected transaction so that We are able to refund Your Digital Currency.

During a Sale order You must transfer the Digital Assets  to the assigned wallet(s) within the time limit set by Transak during the order process. If You send the Digital Asset  to a wrong or incomplete address or to one of our wallet addresses without first creating a sale order, then it might not be possible for Transak to retrieve the Digital Asset  and Transak shall not be responsible or liable in those circumstances.

  2. Payment Methods

You may be presented with one or more methods of payment to pay us for a purchase or sale of  Digital Asset, for example, bank transfer, credit cards or debit cards (in this Agreement, we will call these methods "Payment Methods"). The number of Payment Methods made available to You will depend on a number of factors including where You live and Your verification status with Us. Payment Methods are not part of Our Services, they are services provided by third parties for example, the card  provider which issued You with your credit/debit card. We cannot guarantee the use of any particular  Payment Method and may change or stop offering a Payment Method at any time without notice to You.

  3. Payment instrument must be in Your name

Any payment instrument (for example, the credit card or debit card) You use to pay for a Digital Asset  purchase order with Your chosen Payment Method must be in Your name.

In the case of Digital Asset Sale order,  You are responsible for ensuring the accuracy of the payment details that You provide to Us. You must ensure that the wallet used to send the Digital asset  is owned by and in Your name. Once Transak has made payment of the Fiat Currency to Your nominated bank account, the payment cannot be refunded and Transak shall not be liable for any mistakes or errors on Your part.

  5. You must own and control the wallet address

By accepting this Agreement, You expressly attest that you are the sole owner of the wallet address provided to Transak for the purposes of the purchase or sale of cryptocurrency and that no other person has access to or control over Your wallet. In the case of a Sale Order, you also attest that you own and control all digital assets within that wallet. Providing a false attestation will be considered a violation of the Terms of Service and may result in Transak suspending your account or taking other actions as set forth in the Terms of Service. Transak also reserves the right to request proof that You own the wallet address provided at any time. The methods use to prove wallet ownership is at the discretion of Transak.

  5. Chargebacks on your payment instrument

If You have selected a Payment Method which gives You chargeback rights (for example in relation to your credit card, You may ask Your card provider to reverse a transaction on Your card), You promise that  You will only exercise this chargeback right if:

(a) We have breached this Agreement; or

(b) there was an unauthorised use of Your payment instrument.

If We need to investigate or take any actions in connection with a chargeback raised by You, We may  charge You for our costs in doing so.

  6. What happens after You have submitted Your Digital AssetPurchase or Sale order

Once We have received Your Digital Asset purchase or sale order, we will send You a confirmation by  email. Each Digital Asset purchase or sale order is given a unique transfer number and is shown in the transaction history on Your Transak Account. You should quote this transfer number when  communicating with Us about a particular payment order.

  7. When is Your payment order received

If Your payment order is received by Us after 5pm on a Business Day or not on a Business Day, Your  payment order will be deemed received on the following Business Day.

  8. You need to pay Us the full agreed purchase price for the Digital Asset  before we can process  your order

We will only process your purchase or sale order if We have received sufficient cleared funds from You. It is Your responsibility to fund Your payment order in a timely manner. We cannot be  responsible for the time it takes for the money to be sent to Us by Your bank or payment service provider.

  9. Verification checks may increase the time for processing Your Digital Asset  Purchase or Sale order 

We carry out verification checks, and these checks may increase the time it takes to process your  order. We cannot be responsible for any delays as a result of carrying out  those checks.

  10. Completion time of your Digital Asset  Purchase or Sale order

The estimated time it will take Us to process your order is notified to You when You complete the setup of Your payment order. You may also find further information about the  processing time in the FAQ section of our Website, please refer to the applicable currencies in Your  payment order.

  11. Refusal of your Digital Asset  Purchase or Sale order

If We are unable to complete your order, we will let You know and, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, We will not notify You if such notification would be unlawful. We will refund your Fiat Currency payment to the payment account from which You sent it, as long as we are permitted to do so under applicable laws.  

  12. You may cancel your Digital Asset  Purchase or Sale order

You may cancel your order by following the instructions set out in our FAQ. You cannot cancel your order once Your payment account provider has executed the Fiat Currency payment to Us or You have successfully transferred cryptocurrency to the assigned wallet address.

  13. You must ensure the information You provide to Us is correct

You must make sure that the information You provide when making a Digital Asset Purchase or Sale order is accurate. If we have processed Your order in accordance with the information You have provided to  Us it will be considered correctly completed even if You have made a mistake.

  14. What happens if You provide Us with incorrect information

If You provide incorrect information with Your Digital Asset  Purchase or Sale order, We will not be responsible for any loss.

  15. Payments to Transak are payments to purchase Cryptocurrency

As such they should not be treated as 'cash advances' by Your card provider. If Your card provider  decides, as some have in the past, to treat payments to on/off ramps such as Transak as 'cash advances', that is a matter entirely between You and Your card provider. We suggest You monitor charges on Your card to ensure this is not happening, and if it does to challenge Your card provider and/or use an alternative card for Digital Asset  transactions. In any event Transak is not liable for any decision of your card provider to act in this way.

12. EXCHANGE RATES 

1. Exchange rate

Transak uses a number of sources to determine the price at which it purchases or sells Digital Currency and NFTs. . For  example, the last-traded price from a major exchange may be used (with a small spread applied, to  account for the spread in the order book and slippage). Transak strives to provide you with  competitive pricing and transparency. A breakdown of our fees and the slippage of our prices can be  found here. By accepting our Terms  of Service, You understand that the buying and selling of digital Assets carries an exchange rate risk where the Digital Assets can either appreciate or depreciate in value. Transak reserves the right to change rate providers at any time without notice to You.

13. MAINTAINING YOUR TRANSAK ACCOUNT 

1. Transaction history is displayed on your Transak Account

All Your purchases and sales of Digital Assets are recorded in the order history section of Your Transak Account. You may access this information after You log in to Your Transak Account. We have allocated a reference number called order ID to each transaction, and You should quote this reference number when communicating with Us about a particular order.

2. Check Your Transak Account regularly

You must check your Transak Account regularly and carefully and contact us immediately if You  don't recognise a transaction or think We have made a payment incorrectly.  

3. Trading Risks and Regulatory Warnings

The use of the Transak platform and the Service may entail the following risks:

1. Digital Currencies and Digital Assets  are speculative investments and involve a substantial degree of personal risk for those who hold them through Our Services. The value of a Digital Assets  acquired through Our Services can quickly increase or decrease at any time, and it may even fall to zero. This means there is the risk of complete loss of capital with no legal recourse. There can be no assurance that any Cryptocurrency, or other digital asset is or will be viable, liquid, or solvent.
2. Don’t invest unless you’re prepared to lose all the money you invest. This is a high‑risk investment and you should not expect to be protected if something goes wrong.
3. The purchase and sale of Digital Assets through Our Services involves significant risk and can result in substantial losses to You and Your invested capital. You should not invest more than You can afford to lose and should ensure that you fully understand the risks involved. You should therefore carefully consider whether trading or holding Digital Currency and Digital Assets  is suitable, taking into consideration Your own financial situation and attitude to risk.When dealing in Digital Currencies and Assets , you may not have access to the Financial Ombudsman Service (FOS) or the Financial Services Compensation Scheme (FSCS) if something goes wrong.
4. Transak may provide educational information about Digital Assets, in order to assist users in learning more about Digital Assets such as articles, links to third-party content, news feeds, tutorials, and videos. The information provided on the Website or any such third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and You should not treat any of the Website's content as such. Transak will not be held responsible for the decisions You make to buy, sell, or hold Digital Assets based on the information and/or Services provided by Transak. Transak does not make any representations or recommendations regarding the advisability or otherwise of the purchase or sale of Digital Assets.
5. You agree and understand that the sale of NFTs via our website  have been created and/or minted by third-party websites, individuals, or entities("Third-Party Creators").
6. Transak does not exercise control over the content, quality, value or authenticity of NFTs created by Third-Party Creators. For NFTs transactions, you bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs you purchase. Notwithstanding indicators and messages that suggest verification, Transak makes no claims about the identity, legitimacy, or authenticity of NFTs. 
7. You understand that You may encounter NFTs that contain explicit, offensive, or  inappropriate content, and You agree that Transak is not liable for such content.
8. Users must comply with the terms and conditions set by Third-Party Creators when purchasing, using or transferring NFTs created by them (if any). Transak is not responsible for any breaches of Third-Party Creator’s terms by Users.
9. Users acknowledge that NFTs created by Third-Party Creators may be protected by intellectual property rights, including copyright. Users agree not to infringe upon these rights and shall respect the intellectual property of Third-Party Creators.
10. While we may facilitate the purchase of NFT, this functionality is provided without any guarantees of uptime, functionality, or serviceability associated with the NFTs.
11. Transak is not responsible for repairing, supporting, replacing or maintaining any website, NFT marketplace, or network hosting any artwork, digital content, or other associated image or information connected or otherwise linked to the NFT (Associated Content). Transak  does not have an obligation to maintain any connection or link between NFTs and the Associated Content. The Associated Content may be removed from the NFT at any time and for any reason by third parties who control the Associated Content. Transak  is not responsible for any losses due to any Associated Content being disconnected or otherwise amended.
12. NFTs exist only by virtue of the ownership record maintained in the applicable blockchain network and/or distributed ledger. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within such blockchain network and/or distributed ledger. We do not guarantee that we can effect the transfer of title or right in any NFTs or other digital assets, or that any associated payment will be successful.

The FCA has published some information for consumers regarding the regulation and risks of Digital Assets which You may find helpful. It can be viewed here: www.fca.org.uk/consumers/cryptoassets 

4. You accept the risks of purchasing and holding Digital Assets through Our Services

You agree and accept the risks associated with purchasing and holding Digital Currency through Our Services outlined in 13.3, including any risks associated with fluctuations in the relevant exchange rates over time and partner platform. You agree that you will not use  our Services for speculative trading.

5. Disclaimer

NOTWITHSTANDING ANY OTHER PROVISION, THE PLATFORM, SERVICES INCLUDING TRANSAK ONE, AND MATERIALS, OR ANY OTHER INFORMATION OR SERVICE PROVIDED BY THE PLATFORM, ARE OFFERED ON AN "AS IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTY, REPRESENTATION, OR INDEMNITY OF ANY KIND, WHETHER EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON-INFRINGEMENT, AND WARRANTIES FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, QUALITY, SECURITY, SAFETY, SUITABILITY, AVAILABILITY, COMPLETENESS, OR ACCURACY OF THE PLATFORM, SERVICES, MATERIALS, OR ANY OTHER INFORMATION.

TRANSAK, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, AND THIRD PARTIES ARE NOT LIABLE FOR ANY LOSS OF DIGITAL CURRENCIES, REVENUE, PROFITS, FUNDS, FIAT CURRENCY BALANCES, ASSETS, OR DATA, NOR FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM THE USE OR ATTEMPTED USE OF THE PLATFORM, SERVICES, MATERIALS, OR ANY INFORMATION. THE PLATFORM DISCLAIMS LIABILITY FOR ANY PARTY'S ACTIONS OR OMISSIONS IN THE USE OF OR RELIANCE UPON THE PLATFORM, SERVICES, INCLUDING TRANSAK ONE, MATERIALS, OR ANY OTHER INFORMATION. THIS INCLUDES, WITHOUT LIMITATION, INACCURACIES IN OR OMISSIONS OR INTERRUPTIONS OF PRICE DATA, AS WELL AS ERRORS OR DELAYS IN THE TRANSMISSION OF PRICE DATA.

THE PLATFORM, SERVICES, INCLUDING TRANSAK ONE, MATERIALS, OR ANY OTHER INFORMATION MAY BE SUBJECT TO RESTRICTIONS, LIMITATIONS, DELAYS, AND OTHER INHERENT PROBLEMS ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, OR WITH BUSINESSES OPERATING IN REGULATORY UNCERTAINTIES. WE CANNOT GUARANTEE THAT YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING TRANSAK ONE, OR ANY PART THEREOF, WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE.

6. Taxes 

You are responsible for any taxes which may be applicable to payments You make or receive, and it is Your responsibility to collect, report and pay the correct tax to the appropriate tax authority.

14. HOW MUCH WILL YOU PAY?

1. You must pay our fees

You must pay the fees in connection with the use of Our Services. We will not process Your transaction  until We have received the fees from You.

2. You can see our fee structure on the Pricing page

We will let You know the exact amount payable by You when You set up Your order. You can see our  fee structure on the Pricing page. For clarity, the fees applicable to you as set out on the Pricing page forms part of this Agreement which may be subject to change as set out in section 22.

15. CLOSING YOUR TRANSAK ACCOUNT

1. You may close your Transak Account at any time

You may end this Agreement and close Your Transak Account at any time by contacting us.

2. You must not close Your Transak Account to avoid an investigation

You must not close your Transak Account to avoid an investigation.  

3. You are responsible for Your Transak Account after closure

You agree that You will continue to be responsible for all obligations related to Your Transak Account  even after it is closed.

16. INTELLECTUAL PROPERTY RIGHTS

1. While You are using our Services, You may use the Transak Materials only for Your personal use and  solely as necessary in relation to those Services.
2. "Transak Materials" include any software (including without limitation the App, the API, developer  tools, sample source code, and code libraries), data, materials, content and printed and electronic  documentation (including any specifications and integration guides) developed and provided by us or  our affiliates to You through Our Services, or available for download from our Website. You may not, and may not attempt  to, directly or indirectly:

(i)         transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or  the Transak Materials to any person or entity;

(ii)         remove, obscure, or alter any notice of any of our trade marks, or other "intellectual property" appearing on or contained within the Services or on any Transak Materials;

(iii)         modify, copy, tamper with or otherwise create derivative works of any software included in  the Transak Materials; or

(iv)         reverse engineer, disassemble, or decompile the Transak Materials or the Services or apply  any other process or procedure to derive the source code of any software included in the  Transak Materials or as part of the Services.

3. You acknowledge and agree that Transak (or Transak's licensors) owns all legal and proprietary right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which may be confidential and that You shall not disclose such information without Transak's prior written consent.
4. Unless You have agreed otherwise in writing with Transak,  nothing in the Agreement gives You a right to use any of Transak's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.Unless You have been expressly authorized to do so in writing by Transak, You agree that in using the Services, You will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
   

17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE

1. Limitation of Liability

Notwithstanding anything to the contrary contained in these Terms, in no event shall Transak or its affiliates, and their respective officers, partners, directors, agents, employees, third parties and suppliers be liable or responsible for any damages, claims, applications, losses, injuries, delays, accidents, costs, business interruption costs, or other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, indirect, general, special, punitive, exemplary, or consequential damages, including without limitation loss of goodwill or business profits, loss of fiat currency, loss or theft of Digital currencies and Digital Assets, work stoppage, data loss, computer failure or malfunction, or any other commercial or other losses arising out of or related to these Terms, the Privacy Policy, the use of Transak platform, Services related to buy, sell or trading of Your Digital Assets by any other party authorized / not authorized by You (collectively, all of the foregoing items shall be referred to herein as “Losses”). Transak and its affiliates, and their respective officers, partners, directors, agents, employees, third parties and suppliers is hereby released by You and anyone claiming under your from liability for any and all Losses. The foregoing limitation of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, strict liability, or any other basis, even if the Platform has been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies. In no event shall Transak, its affiliates and service providers or any of their respective officers be liable for any amount greater than USD 1000 or the actual loss, whichever is lesser.

2. We do not exclude or limit in any way our liability to You where it would be unlawful to do so

This includes liability for death or personal injury caused by our negligence or the negligence of our  employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

3. We are not liable for business losses

If You use Our Services for any commercial or business purpose We will have no liability to You for  any loss of profit, loss of business, business interruption, or loss of business opportunity.

4. We are not liable for technological attacks

We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful  material that may infect Your computer equipment, computer programmes, data or other proprietary  material related to Your use of our Services.

5. We have no control over websites linked to and from our Website

We assume no responsibility for their content or any loss or damage that may arise from your use of  them.

6. 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, significant market volatility, act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, pandemic, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, pandemic, other catastrophe or any other occurrence which is beyond Our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

7. You are liable for breaking this Agreement or applicable laws

The User shall indemnify and hold Transak, its affiliates and any other related or third parties involved with Transak in any manner whatsoever, harmless from and against all losses arising from claims, demands, actions or other proceedings as a result of:

• Fraud, negligence and willful misconduct by the User in the use of the Services;
• Violation of applicable laws in the use of the Services and/ or in the conduct of the business of the User;
• Breach of the User's obligations under this Agreement including penalties, fines, charges, or any other actions as a result of breach or violation by the User and;
• Disputes raised by a User's customer in relation to a transaction where such dispute is not attributable to the Services;

8. What happens if you owe us money

In the event you are liable for any amounts owed to us, you agree to reimburse us. We may also recover amounts You owe us through legal means, including, without limitation, through the use of a debt collection agency.

18. ACCESSING OUR SERVICES

We will try to make sure Our Services are available to You when You need them. However, We do not  guarantee that Our Services will always be available or be uninterrupted. We may suspend, withdraw,  discontinue or change all or any part of Our Service without notice. We will not be liable to You if for  any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to Our Services. If You have granted permission to  a third party to access Your account, We may refuse access to that third party if We are concerned about unauthorised or fraudulent access by that third party. We will give You notice if We do this, either before or immediately after We refuse access, unless notifying You would be unlawful or compromise Our reasonable security measures.

19. THIRD-PARTY PRODUCTS AND SERVICES; OTHER USERS

Third-Party Services. You acknowledge that the Service will enable or assist you to access, interact  with, and/or purchase services from several supported platforms and other third parties via third-party  websites or applications including a third party payment processor to process any payment between You and Transak for purchase of Digital Assets (collectively, "Third-Party Services"). Such Third-Party Services are not  under the control of Transak, Transak does not review, approve, monitor, endorse, warrant, or make  any representations with respect to Third-Party Services and is not responsible for any Third-Party  Services. You use all Third-Party Services at your own risk, and should apply a suitable level of  caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms  and conditions of such Third-Party Services and any contract entered into, or any transaction  completed via any Third-Party Services, is between you and the relevant third party, and not with  Transak. You shall comply in all respects with all applicable terms of the Third-Party Services that  you access or subscribe to in connection with the Services. If at any time any Third-Party Services  cease to make their programs available to us on reasonable terms, we may cease to provide such  features to you without entitling you to refund, credit, or other compensation. A list of Third Party Products and Services is available here.

20. INFORMATION SECURITY 

(a)         You are responsible for configuring Your information technology, computer programmes and  platform in order to access Our Services. You should use Your own virus protection software.  We cannot guarantee that Our Services will be free from bugs or viruses.

(b) You must not misuse Our Services

You must not misuse Our Services by introducing viruses, trojans, worms, logic bombs or other  materials which are malicious or technologically harmful. You must not attempt to gain unauthorised  access to Our Website, Our servers, computers or databases. You must not attack our Website with any  type of denial of service attack. By breaching this provision, You would commit a criminal offence  under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement  authorities and We will co-operate with those authorities by disclosing Your identity to them. In the  event of such a breach, Your right to use our Website and/or Our Services will cease immediately.

21. WHEN WE CAN END THIS AGREEMENT OR SUSPEND OUR SERVICES

1. We may end this Agreement by giving you prior notice

We may end this Agreement and close Your Transak Account or any service associated with it by  giving You reasonable  prior notice.

2. We may suspend or close Your Transak Account without notice in certain circumstances

We may at any time suspend or close your Transak Account and/or end this Agreement without notice  if:

(a) You breach any provision of this Agreement or documents referred to in this Agreement;

(b) We are requested or directed to do so by any competent court of law, government authority,  public agency, or law enforcement agency;

(c) We have reason to believe You are in breach of any applicable law or regulation; or

(d) We have reason to believe You are involved in any fraudulent activity, money laundering,  terrorism financing or other criminal or illegal activity.

Your use of the Platform is a privilege, and not a right, and We reserve our right to terminate, suspend or restrict Your access to the Platform, as well as take other actions described in these terms, at any time to protect You, other users and/or Us as we deem necessary.

3. We may suspend your Transak Account for security reasons

We may suspend Your Transak Account or restrict its functionality if We have reasonable concerns  about:

(a) the security of Your Transak Account; or

(b) suspected unauthorised or fraudulent use of Your Transak Account.

4. We will give You notice of suspension where possible

We will give You notice of any suspension or restriction and the reasons for such suspension or  restriction as soon as We reasonably can, either before the suspension or restriction is put in place or  (if that is not possible) as soon as reasonably practicable after, unless notifying You would be unlawful  or compromise our reasonable security measures. We will lift the suspension and/or the restriction as  soon as reasonably practicable after the reasons for the suspension and/or restriction have ceased to  exist.

5. You cannot use the App if this Agreement ends

On termination for any reason all rights granted to You in connection with the App shall cease, You  must immediately delete or remove the App from Your devices.

22.6 Death of Account Holder.

For security reasons, if We receive legal documentation confirming Your death or other information leading us to believe You have died, We will close Your Transak Account.

If due to any reason, We are holding funds (whether fiat currency or Digital Assets) with Us, and has no record of You accessing the Services for several years and is unable to contact You, applicable law may require Us to deliver any such funds to the applicable state or jurisdiction as unclaimed property.

22. OUR RIGHT TO MAKE CHANGES

We can make a change to this Agreement for any of the following reasons (with any change being a  reasonable and proportionate response to a change that is affecting Us or that We reasonably think will  affect Us):

(a) because of a change in legal or regulatory requirements, for example We may have to change:

(i) our requirements for keeping Your Transak Account safe to meet new, higher  standards set by law; or

(ii) terms of this Agreement, including terms on how we provide Our Services to You, in  order to satisfy new laws on the regulation of Digital Assets;

(b) if the change benefits You, for example when introducing new products or services or  improving existing ones;

(c) to reflect a change in our costs of running Your Transak Account or providing You with Our  other services under this Agreement, for example by changing our fees for Our services or  introducing new fees for new services;

(d) in response to possible risks to the security of Our Services, for example by changing the  security steps You need to follow to access Your Transak Account; or

(e) to respond to any other change that affects Us, if it’s fair to pass on the effects of the change  to You, for example to reflect developments in Digital Assets.  

We may make reasonable and proportionate changes for any other reason We cannot foresee, for  example to respond to changes in Our industry that affect how We wish to deliver Our Services to You.

We’ll tell You about a change to this Agreement as soon as We reasonably can and in any case at least  thirty (30) days before it takes effect, via e-mail to the address provided by You as contact details in  Your Transak Account profile.

However, We may give You less than thirty  (30) days’ notice of a change, in which case We will still  give You as much notice as We reasonably can, if the change:  

(a) is urgently needed for Us to satisfy Our legal obligations;

(b) is to add a new service, or new functionality for an existing service, which is optional for You;  or

(c) is for another reason and does not reduce Your rights or increase Your responsibilities under  this Agreement.

You can tell us by contacting us if You object to a change before it takes effect, but if You do that will  end this Agreement and We will no longer provide You with Our Services under this Agreement. If You  do not object to the change We will take that as Your acceptance of the change.

You can in any case end this Agreement and close your Transak Account at any time under paragraph  15 above.

23. HOW WE MAY CONTACT YOU 

1. We, Our affiliates and service providers usually contact You via telephone or  email

For this purpose, You must at all times maintain at least one valid contact number and email address in Your Transak  Account profile. You should check for incoming messages regularly and frequently, these emails/messages may  contain links to further communication on our Website. If You don't maintain contact details or check Your email and  other methods of communications, You will miss messages  about Your transactions and Our Services. We  cannot be liable for any consequence or loss if You don't do this. If We have reasonable concerns either  about the security of Your Transak Account, or any suspected or actual fraudulent use of Your Transak  Account, We will contact you via telephone, email, or both (unless contacting You would be unlawful  or compromise Our reasonable security measures).

2. Other ways We may contact You

(a) In addition to communicating via email, We and/Our service providers  may contact You via letter or telephone where  appropriate. If You use any mobile services, We may also communicate with You via calls or SMS.  Any communications or notices sent by:

(i) Email will be deemed received by You on the same day if it is received in Your email inbox  before 5pm on a Business Day. If it is received in Your email inbox after 5pm on a Business  Day or at any other time, it will be deemed received on the next Business Day.

(ii) Post will be deemed received three days from the date of posting for UK post or within five  days of posting for international post.

(iii) Call/SMS will be deemed received the same day.

(b) Where legislation requires Us to provide information to You on a durable medium, We will  either send You an email (with or without attachment) or send You a notification pointing You  to information on Our Website in a way that enables You to retain the information in print  format or other format that can be retained by You permanently for future reference. Do keep  copies of all communications We send or make available to You.

(c) If You need a copy of the current Agreement or any other relevant document, please contact  [email protected].

3. This Agreement is made in the English language

Documents or communications in any other languages are for Your convenience and only the English  language version of them are official.

24. COMPLAINTS 

If you have any complaints about Us or Our Services, You may contact us at [email protected] or via chat on Our website at http://support.transak.com/hc/en-us.

25. OTHER IMPORTANT TERMS

1. Nobody else has any rights under this Agreement

This Agreement is between You and Us. No other person shall have any rights to enforce any of its  terms. Neither of Us will need to get the agreement of any other person in order to end or make any  changes to this Agreement.

2. We may transfer this Agreement to someone else

You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other  manner with any or all of your rights and obligations under this Agreement (including the Transak  Account) without our prior written consent. We reserve the right to transfer, assign or novate this  Agreement (including the Transak Account) or any right or obligation under this Agreement at any  time without your consent. This does not affect your rights to close your Transak Account under  section 15.

3. If a court finds part of this Agreement illegal, the rest will continue in force

Each of the paragraphs of this Agreement 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.

4. Even if We delay in enforcing this Agreement, We can still enforce it later

If We delay in asking You to do certain things or in taking action, it will not prevent Us taking steps  against You at a later date.

5. This Agreement supersedes any other previous agreements

This Agreement supersedes and extinguishes all previous agreements between You and Transak,  whether written or oral, relating to its subject matter.

6. Which laws apply to this Agreement and where you may bring legal proceedings

This Agreement is governed by English law. Any dispute between You and Us in connection with Your  Transak Account and/or this Agreement may be brought in the courts of England and Wales.