Terms of Service - US
Last updated: 17 November, 2022
1 - How to read this document
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
2.1 - 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").
2.2 - 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.
2.3 - Other additional documents which apply to You
This Agreement refers to the following additional documents, which also apply to Your use of Our Services:
(b) Our Frequently Asked Questions ("FAQ") which provides answers to common customer questions.
(d) 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.
2.4 - Additional documents
For clarity, any additional documents referred to in this Agreement are not incorporated into this Agreement.
2.5 - You accept this Agreement
By using Our Services (including downloading and using Our App, or via the API, a social media platform or other authorized 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.
2.6 - 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 the USA when financial institutions in the USA 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 a legal tender and issued by a central bank or equivalent public authority.
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 We provide the Services to You.
4 - Transak APP and API
4 .1 - App subject to this Agreement and the App store 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.
4.2 - 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 and Our Services on Your device and the API subject to this Agreement. We reserve all other rights.
5 - Who are We and how to contact us
5.1 - Our company information
Transak USA LLC is a Delaware limited liability Company with file number 6482877 ("Transak", "We", "Us", or "Our" as applicable). Transak provides this service under the trading name of "Transak". This Agreement is between You and Transak. Transak is a registered Money Service Business ("MSB”) with the US Treasury’s Financial Crimes Enforcement Network (“FinCEN”) under MSB Registration number: 31000215880221 in respect of its activities in Digital Assets and Cryptocurrencies.
Some services and funding methods such as credit/debit card payments, may be provided only by specific entities such as Transak USA LLC for US residents. Services will change from time to time, and certain Services may be discontinued. If you have any questions about the services provided to you, please contact Transak’s customer support at [email protected]
5.2 - Our business address
Our business address is 3001 North Rocky Point Drive East, Suite 200, Tampa, Florida, 33607, USA.
5.3 - How to contact us
6 - Who can use Our services
6.1 - You must be 18 years or over
If You are an individual and reside in the USA, 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.
6.2 - You must have authority to bind Your business
If You are not an individual end user, You confirm that You have authority to bind any business or entity on whose behalf You use Our Services, and that business or entity accepts these terms.
6.3 - Your use of the Transak Account must not violate any applicable laws
You commit to us that the 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
7.1 - 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 Cryptocurrency or any Digital Asset 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 Cryptocurrency or any Digital Asset from Us, which We’ll send to a blockchain wallet You hold with another person (a “third party”), or to sell Cryptocurrency or any Digital Asset 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
8.1 - Open a Transak Account
To start using Our Services, You must open a Transak Account and provide Your details as prompted.
8.2 - 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.
8.3 - 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.
8.4 - 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
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
10 - Keep Your Transak account safe
10.1 - 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.
10.2 - 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 result in You being responsible for financial losses.
11- Buying Cryptocurrency using your Transak Account
11.1 - How to buy Digital Currencies and Digital Assets using Your Transak Account
To purchase Digital Assets and Digital Currencies from Us by paying Fiat Currency to 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 order. For clarity, we will receive your fiat currency payment as a payee and not as a payment services provider. Press "Buy Now" and follow the steps as prompted on screen. We will charge You a fee for each Purchase 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 Fees page. Transak will transfer the purchased Digital Currency or 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.
11.2 - Payment Methods
You may be presented with one or more methods of payment to pay Us for a purchase 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.
11.3 - Payment instrument must be in your name
Any payment instrument (for example, the credit card or debit card) You use to pay for a 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.
11.4 - Chargebacks on your payment instrument
If you 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.
11.5 - What happens after You have submitted Your Digital Asset Purchase order
Once We have received Your Digital Asset Purchase order, We will send You a confirmation by email. Each Purchase 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. If there is no Active order for the payment received, We may Active an Expired OR a Cancelled order to complete the transaction.
11.6 - 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.
11.7 - 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 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.
11.8 - Verification checks may increase the time for processing your Digital Asset Purchase order
We carry out verification checks, and these checks may increase the time it takes to process your Purchase order. We cannot be responsible for any delays as a result of carrying out those checks.
11.9 - Completion time of your Digital Asset Purchase order
The estimated time it will take Us to process Your Purchase 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.
11.10 - Refusal of your Digital Asset Purchase order
If We are unable to complete Your Purchase 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.
11.11 - You may cancel your Digital Asset Purchase order
You may cancel your Purchase order by following the instructions set out in our FAQ. You cannot cancel your Purchase order once Your payment account provider has executed the Fiat Currency payment to Us.
11.12 - 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 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.
11.13 - What happens if you provide us with incorrect information
If You provide incorrect information with Your Digital Asset Cryptocurrency Purchase or Sale order, We will not be responsible for any loss.
11.4 - 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
12.1 - Exchange rate
Transak uses a number of sources to determine the price at which it purchases/sells Digital Currencies 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 fees 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
13.1 - Transaction history is displayed on Your Transak Account
All Your Order details 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.
13.2 - Check Your Transak Account regularly
You must check Your Transak Account regularly and carefully and contact us immediately if You have not authorized a transaction or think We have made a payment incorrectly.
13.3 - 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. The value of a Digital Currency or Digital Asset 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 Digital Currency, or other Digital Asset is or will be viable, liquid, or solvent. The purchase and sale of Digital Assets 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 Assets is suitable, taking into consideration Your own financial situation and attitude to risk. When purchasing Cryptocurrencies and Digital Assets, You may not have access to legal remedy if something goes wrong.
2. 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 provided by Transak. Transak does not make any representations or recommendations regarding the advisability or otherwise of the purchase or sale of Cryptocurrencies or Digital Assets.
3. 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. By availing the NFT checkout Services on Our platform You confirm that You wish to buy NFT on Polygon and You have control over the receiving wallet address.
4. While we may facilitate the ability to buy a NFT, this functionality is provided without any guarantees of uptime, functionality, or serviceability associated with the NFTs.
5. 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.
6. 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.
13.4 - 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 Assets outlined in section 13.3, including any risks associated with fluctuations in the relevant exchange rates over time. You agree that You will not use Our Services for speculative trading. Transak is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons.
13.5 - 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. You agree that Transak is not responsible for determining whether taxes apply to Your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades or transactions. If required by applicable law, Transak may withhold tax from any payments made to You and report such tax to the relevant taxing authority. You should conduct Your own due diligence and consult Your own tax advisors before making any decisions with respect to Cryptocurrency or Digital Asset transactions.
NOTWITHSTANDING ANY OTHER PROVISION, PLATFORM, SERVICES INCLUDING TRANSAK ONE AND MATERIALS OR ANY OTHER INFORMATION OR SERVICE BY THE PLATFORM IS PROVIDED ON “AS IS”, “AS-AVAILABLE” BASES, AND WITHOUT WARRANTY, REPRESENTATION OR INDEMNITY OF ANY KIND, EXPRESS, IMPLIED, ORAL, WRITTEN, STATUTORY, OR OTHERWISE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- INFRINGEMENT; OR FOR THE USE, SUFFICIENCY, RELIABILITY, TIMELINESS, QUALITY, SECURITY, SAFETY, SUITABILITY, AVAILABILITY, COMPLETENESS OR ACCURACY OF PLATFORM, SERVICES, MATERIALS OR ANY OTHER INFORMATION. TRANSAK, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS AND THIRD PARTIES IS / ARE NOT LIABLE FOR ANY LOSS OF DIGITAL CURRENCIES, REVENUE, PROFITS, FUNDS, FIAT CURRENCY BALANCES, ASSETS, DATA OR FOR ANY DAMAGES, DIRECT OR INDIRECT, RESULTING FROM USE OR ATTEMPTED USE OF PLATFORM, SERVICES, MATERIALS OR ANY INFORMATION. THE PLATFORM DISCLAIMS LIABILITY FOR ANY PARTY’S ACT OR OMISSION IN USE OF OR RELIANCE UPON PLATFORM, SERVICES INCLUDING TRANSAK ONE, MATERIALS OR ANY OTHER INFORMATION INCLUDING WITHOUT LIMITATION INACCURACY IN OR THE OMISSION OR INTERRUPTION OF THE PRICE DATA OR AN ERROR OR DELAY IN THE TRANSMISSION OF PRICE DATA. PLATFORM, SERVICES INCLUDING TRANSAK ONE, MATERIALS OR ANY OTHER INFORMATION MAY BE SUBJECT TO RESTRICTIONS, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR A BUSINESS WHERE THERE ARE REGULATORY UNCERTAINTIES. WE DO NOT GUARANTEE THAT YOUR USE OF THE PLATFORM OR SERVICES INCLUDING TRANSAK ONE OR ANY PART THEREOF WILL ALWAYS BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE.
- Selling Digital Assets and Digital Currencies
14.1 You can request to sell Digital Assets to Transak and receive Fiat Currency as payment.
After you log in to your Transak Account, you can sell Digital Assets to Us in exchange for a Fiat Currency payment from us (a Digital Asset Sale order). Press "Sell Now" and follow the steps as prompted on screen. We will charge You a fee for each Cryptocurrency or Digital Asset 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 Fees page.
14.2 Payout Methods available to you
You may be presented with one or more methods by which we can pay Fiat Currency to You for a purchase of Digital Asset from You (in this Agreement, we will call these methods "Payout Methods"). The number of Payout Methods made available to You will depend on a number of factors including where You live and Your verification status with Us. We cannot guarantee the use of any particular Payout Method and may change or stop offering a Payout Method at any time without notice to You, but We will ensure that You will always have at least one Payout Method available to You.
14.3 Payout Methods are not part of our Services
Payout Methods are not part of our Services, they are services provided by third parties for example the bank where you hold your bank account. For the purposes of a Digital Asset Sale order, we are a payer and not a payment service provider.
14.4 Completion time of your Digital Asset Sale order
You will be notified of the estimated time it will take us to process your Sale order when you complete the setup of your Sale order. You may also find further information about the processing times in the FAQ section of our Website. Processing times may vary depending on currencies, payment methods, or other factors outside of our control.
14.5 We will use reasonable efforts to ensure Fiat Currency arrives in your account within the notified timeframe
We will use reasonable efforts to send you Our Fiat Currency payment for the Digital Asset that We have purchased from You within the timelines notified to You or otherwise specified in our FAQ section. We do not have any control over the time it may take for Your bank or payment provider to credit and make available funds it has received from us to You.
14.6 You must provide correct information to Us
When setting up Your Digital Asset Sale order, you must ensure that the information You provide is correct and complete. We will not be responsible for Fiat Currency sent to the wrong recipient as a result of incorrect information provided by You. If You have provided wrong information to Us, You may ask us to assist You in recovering the Fiat Currency, but we cannot guarantee that such efforts will be successful.
14.7 Refusal of your Digital AssetSale order
If We are unable to complete Your Digital Asset Sale 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 are not required to notify You if such notification would be unlawful. In the event of a failed Sale order, Transak will refund the Digital Asset deposited by You in the designated wallet after deducting applicable processing fees or network charges incurred by Transak if any, as long as we are reasonably able to and are permitted to do so under applicable laws.
14.8 You may cancel your Digital Asset Sale order
You may cancel your Sale order by following the instructions set out in our FAQ. You cannot cancel your Sale order once we have received your Digital Asset. If you cancel a Sale order in time, we will transfer your Digital Asset to the third party blockchain wallet address from which you sent it.
14.9 Your Digital Sale order is subject to limits
You agree that Your Transak Account is subject to certain transactional limits. If Your Digital Asset Sale order exceeds the current limit, We may decline Your request and require You to provide additional documents to Us so that We can carry out additional checks before executing the Sale order.
15 - How Much Will You Pay?
15.1 - 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.
15.2 - 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 24.
16 - Closing Your Transak Account
16.1 - 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.
16.2 - You must not close Your Transak Account to avoid an investigation
You must not close Your Transak Account to avoid an investigation.
16.3 - 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.
17 - Intellectual Property Rights
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.
"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, 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.
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.
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.
18 – OUR RESPONSIBILITY FOR LOSS OR DAMAGE
18.1 Limitation of Liability
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.
18.3 - We are not liable for business losses
To the extent permissible under applicable law, if You use Our Services for any commercial or business purpose We will have no liability to You for lost profits, loss of goodwill, or reputation, loss of data or business opportunity, any loss, damage, corruption or breach of data or any other intangible property or any special, incidental, indirect, intangible, or consequential damages whether bases in contract, tort, negligence, strict liability or otherwise arising out of or in connection with any use of the Website or this Agreement even if Transak has been advised of or knew or should have known of the possibility of such damages except to the extent of a final judicial determination that such damages Were a result of Transak’s gross negligence, fraud, wilful misconduct or intentional violation of law.
18.4 - 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.
18.5 - We have no control over Websites linked to and from Our Website
We assume no responsibility for third party content or any loss or damage that may arise from Your use of them.
18.6 - 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.
18.7 - 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;
18.8 - 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.
19 - 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. Accordingly, You should verify all information before relying on it; all decisions based on information contained on the Website are Your sole responsibility and We shall incur no liability for such decisions. 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.
20 - 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 payment partner to process any payment between You and Transak in connection with the Services and liquidity partner to process a Digital Asset Purchase or Sale order. (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.
21 - Information Security
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.
21.2 - 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 applicable laws. 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.
23 - When We Can End This Agreement Or Suspend Our Services
23.1 - 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.
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 this Agreement, at any time to protect You, other users and/or Us as we deem necessary.
23.3 - We may suspend Your Transak Account for security reasons without prior notice
We may suspend Your Transak Account or restrict its functionality without prior notice if We have reasonable concerns about:
(a) the security of Your Transak Account; or
(b) suspected unauthorised or fraudulent use of Your Transak Account.
23.4 - 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.
23.5 - You cannot use the App if this Agreement ends
On termination for any reason all rights granted to You in connection with the App or Website shall cease, You must immediately delete or remove the App from Your devices.
23.6 - 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.
24 - 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 Cryptocurrencies and 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 Cryptocurrencies and 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 will tell You about a change to this Agreement as soon as We reasonably can via e-mail to the address provided by You as contact details in Your Transak Account profile. HoWever, We may not give You prior 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.
The Revised Agreement shall be effective as of the time it is posted on the Website. 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 16 above.
25 - How We May Contact You
25.1 - 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 App and Website. If You don't maintain or check Your email/messages and other methods of communications, You will miss messagesabout 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).
25.2 - Other ways We may contact You
(a) In addition to communicating via email, We and/or 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 US 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].
25.3 - 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 is official.
25.4 – E-sign disclosure and consent
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that We provide in connection with Your account and Our Services. This will have the same effect as e-sign of documents by You and Us as per applicable provisions under the law. In order to access, view, and retain electronic communications that We make available to You, You must have an electronic device that enables access to Your e-mail account or a commercially available Internet browser. You may withdraw Your consent to receive communications electronically by contacting us. If You fail to provide or if You withdraw Your consent to receive communications electronically, We reserve the right to immediately close Your account or charge You additional fees for paper copies. You understand and agree that if We send You an electronic communication but You do not receive it because Your primary email address on file is incorrect, out of date, blocked by Your service provider, or You are otherwise unable to receive electronic communications, Transak will be deemed to have provided the communication to You.
26 - Complaints
27 - Other Important Terms
27.1 - 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.
27.2 - 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 this Agreement.
27.3 - 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.
27.4 - 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.
27.5 - 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.
27.6 - Which laws apply to this Agreement and where You may bring legal proceedings
This Agreement is governed by and constructed in accordance with the laws of the State of Delaware, excluding its conflicts of laws provisions. Any dispute between You and Us in connection with Your Transak Account and/or this Agreement, will be brought to the exclusive jurisdiction of the state and federal courts located within Delaware.