TERMS OF SERVICES
4th August 2020
THESE TERMS OF SERVICES CONTAIN IMPORTANT INFORMATION RELATED TO THE RISKS, LIABILITIES, RIGHTS AND OBLIGATIONS OF THE USERS OF WEBSITE https://satoshkin.com/. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE GETTING ACCESS AND / OR USING THE OPERATOR’S WEBSITE.
1. GENERAL PROVISIONS
- These Terms of Service constitute a legally binding contract (agreement) between the ”Operator” and the ”User” which determines the terms and conditions of using the following website: https://satoshkin.com/ (hereinafter -the “Website“) and the provision of any other Operator`s Services to the Users of such Website and any of it’s Services. (hereinafter - the “User”).
- The Operator and the User, separately, may sometimes be referred to as the “Party” and jointly as the “Parties” in the following agreement. This is addressed to legally capable persons that are being the Users of the Website and other Operator’s Services.
- This document is an official public offer made by COOLBIT LTD. with the purpose of entering into the Agreement. The User’s consent to these Terms of Services shall mean that the User enters into an Agreement.
- The Operator reserves the unilateral right to amend, modify, add or delete clauses, sections and subsections of these Terms of Service at any time. The Operator shall notify the Users of any changes in the Terms of Service by publishing the latest version hereof on the Website.
- The continued use of the Website by the User means the unconditional and unequivocal acceptance of the Agreement and its Terms of Service and any future changes and amendments made to this Agreement.
- The User is personally responsible for regularly monitoring this Agreement and keeping himself up to date with every amendment hereof.
- By using the Operator’s Services and the Website, the User further represents and warrants that:
- the User is of legal age, is not a minor, is legally capable to use this Website and is at least 18 (eighteen) years old;
- the User has will, full power and authority to enter into the Agreement;
- the User agrees to be bound by this Agreement and Terms of Service, including by their future amendments if any;
- the User is acting in full compliance with applicable legislation of the Operator’s jurisdiction as well as the User’s jurisdiction;
- the User shall not use the Operator’s Services for any purpose which is unlawful or prohibited by the Agreement;
- the User has not previously been suspended or removed from using the Operator’s Services and/or Website ;
- the User has read, understands and completely agrees to the Terms of Service and the Agreement as a whole and to each of their provisions separately;
- the User’s previous representations were made responsibly and the User has fully understood the meaning of all sentences and separate words.
The terms below have the following meanings and definitions for the purposes of the Terms of Services:
- Authorization Data shall mean data enabling Authentication of the User. By default, the login and password created by the User constitute the User’s Authorization data.
- Authorized P2P Platforms shall mean a list of authorized P2P Platform websites that allow the User to use the Operator’s Services. The list of the Authorized P2P Platforms shall be stipulated at the following link: https://satoshkin.com. The Operator shall provide its Services, including but not limited to the Bot. The User obtain access to the Authorized P2P Platforms via API.
- Bot shall mean an autonomous program on the Operator’s Website which can interact with other systems, P2P Platforms and Users. The Bot operates on the basis of an exclusive programme (exclusive code) designed by the Operator. The Bot allows the User to receive information on prices of sale and purchase offers as well as allow the User Pricing Automation of his personal requests, and maintains the accounting of transactions on the Website.
- Content shall mean results of intellectual activity, including User interfaces, visual interfaces, logos, programs for computers, databases, as well as design, structures, selections, coordinations, appearances, general style and the location of this Content, which is part of the Website and other objects of intellectual property, collectively and / or separately, contained on the Website.
- Operator shall mean COOLBIT LTD., which provides the Operator’s Services to the Users and performs other actions related to the use of the Service.
- Service (Services, Operator’s Services) shall mean the provision of the following services to the User by the Operator :
- provision of access to the Bot and Authorized P2P Platforms in order to receive digital Content with the aim of Pricing Automation;
- provision of access to digital content on a paid basis or in the case of a free trial period on the Operator’s Website with the additional rights of the User to purchase and view content (with the right to download certain content and information);
- provision of User’s access to navigation aids of the Service;
- provision of User’s access to analytical researches, educational seminars and programmes posted on the Website
- provision of access to detailed information about the Services and information about the payment for the Services;
- other types of Services and widgets implemented on the pages of the Website.
- Site Administration Services (Site Administrators) - shall mean the authorized employees of the Operator responsible for the management of the Website
- User shall mean any person (Legal Person or Individual) having his/her own User account and affecting access to the Website, who has completed the registration procedure and received personal Authorization Data. Any User is deemed to have entered into the Agreement.
- User Account shall mean an account registered on the Website that allows the User to gain access to all of the Operator’s Services.
- P2P platforms (Peer to Peer Platforms) shall mean peer-to-peer platform services that enable its sers to exchange currency, using a variety of mediums, to and from cryptocurrency. Users on the P2P platform can create advertisements (Offers) in which they offer to buy or sell cryptocurrency. Other Users respond to these advertisements and the two Users can agree to trade cryptocurrencies in exchange for money (or trade cryptocurrencies in exchange for other cryptocurrencies). In order for a User to sell cryptocurrencies the Seller must store the cryptocurrencies in the P2P web wallet belonging to their account from where the cryptocurrencies are transferred to the Buyer purchasing the cryptocurrencies after the Seller confirms the Buyers payment. All trades on such websites are conducted between Users of such websites. The Operator is not a P2P platform and does not offer P2P Platform services and is not in any way affiliated with P2P platforms. Some P2P platforms offer their services to the Operator on a contractual basis.
- Offers shall mean a Users request in a P2P Platform to sell or to purchase currencies.
- Tariffs (Tariff) shall mean the types and methods of payment as well as prices (costs, fees) for each type of Services payable to the Operator by the User.
- Act of service provision - a document generated by the Operator and sent to the User's e-mail address after each period of Service Provision.
- Period of Service Provision (Periods) shall mean a time period throughout which Services are provided by the Operator to the User. Each Period of Service Provision is 30 (thirty) days. The next Period of Service Provision starts only after a User makes payment. Automatic prolongation is availible if a User makes payment before the end of the current Period.
3. SCOPE OF THE AGREEMENT
- These Terms of Service shall regulate the provision of Services to the User by the Operator as well as the rights and obligations of the Parties. The details of such Services and the procedure of provision of such Services are stipulated in Section 2 “DEFINITIONS” of these Terms and Services and in Section 7 “SERVICE PROVISION PROCEDURE” hereof.
- These Terms of Services cover all Services, as well as any subsequent modifications and additional services of the Operator appearing in the future.
- The use of materials and services of the Website is governed by the norms of the current legislation of the Republic of Seychelles.
4. REGISTRATION PROCESS
- Before an access to the Services is granted to the User, the User shall create a User Account with the Operator’s authentication system. During the account creation process (Registration) the User shall be asked to provide certain Authorization data, such as:
- e-mail address,
- telegram username,
- list of mandatory information to be provided may be changed from time to time by the Operator unilaterally.
- The User represents and warrants that the information provided by the User during the account creation process (registration) shall be true, accurate, current, and complete. After the User account is created, the User shall verify the e-mail. E-mail verification instructions shall be sent shortly after the registration. After the User’s e-mail is verified the User shall be able to log into the User’s account and access the Operator’s Services.
- The User represents and warrants that while using the Services the User may only act on his/her own behalf. The User’s account cannot be used to act as an intermediary for any person or entity other than the User himself. The User may only use his/her own account to use the Operator’s Services and shall maintain adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that are used by the User to access the Website, as well as all passwords to access the e-mail address associated with the User’s Account.
- The User’s account shall not contain: misleading, inaccurate or fraudulent information, including, but not limited to fake phone numbers, creating fake information for a third party account, providing fraudulent identification documents.
- Shall the Operator or the (Site Administrators) believe that the above-mentioned information provided by the User is not true, accurate, current, or/and complete, the Operator has the right to restrict the User’s access to Services, or any of its resources, and/or terminate or suspend the User’s account.
- Before an access to the Services is granted to the User, the User shall create a User Account with the Operator’s authentication system. During the account creation process (Registration) the User shall be asked to provide certain Authorization data, such as:
5. IDENTIFICATION AND VERIFICATION
- In case the Operator shall be obliged to do any verification or identification processes by the state law or in accordance with the Operator’s internal policy, the Operator may at any time introduce or amend mandatory identification / verification procedures and require the User to execute identification and/or verification.
- In the case of section 5.1. the Operator may also require the User to submit identification documents. Failing to complete identification and/or verification in case it becomes mandatory subject to state law shall be considered as a serious violation of this Agreement.
6. LIMITATION OF ACCESS, TERMINATION, SUSPENSION
The Operator may terminate, suspend, or limit access to the User Account or to the Operator’s Services at the Operator’s discretion in the following situations:
- the User violates these Terms of Service or this Agreement;
- the Operator has reason to believe that the User of Operator’s Services violates any applicable state law act;
- the Operator has reason to believe that the User has provided the Operator with false, inaccurate, incomplete, misleading or fraudulent information during the registration or verification or at any other point;
- the User has not provided any information / document requested by the Operator within a deadline;
- the User has performed an attempt (either successful or unsuccessful) of unauthorized access to any part or component of the Services, bypass or break any security mechanism of the Services or use the Services in any other manner that poses a security risk to us or to any other User;
- the User has performed an attempt (either successful or unsuccessful) to interrupt Services and/or damage owned software and/or hardware;
- the Operator is required to do so by any applicable state law or/and order issued by the state authority.
7. SERVICE PROVISION PROCEDURE
Registration on the Website:
- To gain access to the Services, the User shall accept these Terms of Services when completing the User Form on the Website. The User’s consent to these Terms of Services at the time of entering his/her data on the Website shall mean that the User enters into the agreement with the Operator that shall be bound by these Terms of Services.
- The User shall complete the User Form on the Website by entering the relevant registration information. When entering the data on the Website, the User shall enter his/her login, password, telegram username, e-mail.
- The User shall provide true, complete and reliable information and keep it up to date.
- The User agrees that he/she is solely responsible for maintaining the confidentiality of authorization data used by him/her to access the Website. In addition, the User agrees that he/she is solely responsible to the Operator for all actions performed when entering his/her personal data.
- If the User becomes aware of any unauthorized use of his/her Authorization Data, he/she shall immediately notify the Operator thereof by contacting the support service by e-mail: [email protected] or by the authorized “Telegram” account of the Operator https://t.me/SatoshkinSupportBot.
- During registration on the Website, the User shall not disclose (or, in the case of disclosure, shall be solely and fully responsible) his/her last names, first names, phone numbers, e-mail addresses and other personal data or data of any third parties without their personal consent to such actions, expressly provided by completing the User’s form.
- The obligations of the Operator under this Terms of Services shall be limited to the provision of Services in section 2 “DEFINITIONS”.
- The Operator shall provide Services to the User on a round-the-clock basis. The Operator’s actions for the performance of these Terms of Services that are not performed automatically shall be carried out on weekdays.
8. RIGHTS AND OBLIGATIONS
- The Operator has the right to:
- Unilaterally amend the Website, as well as change the content of the Website. Such amendments (changes) come into force from the moment the new version of the Agreement is published on the Website.
- Restrict access to the Website in case the User violates the Terms of Services.
- Unilaterally amend or modify the prices (cost) of Services. The amendments in cost will not apply to Users who have a registration and a paid tariff at the time of the change in the amount of payment, except for the cases specially stipulated by the Administration of the Operator’s Website.
- Unilaterally terminate the User's account if it has not been used for more than 6 (six) calendar months in a row without notifying the User.
- The Operator undertakes to:
- The User has the right to:
- Gain access to the use of the Website and it’s Services as well as all of the Operator’s Services after meeting the registration and payment requirements stipulated in these Terms of Services.
- In case of termination the User shall continue to have access and use the Operator’s website as well as the Operator’ Services until the end of the Period of Service Provision;
- For posting messages, comments, reviews, and evaluating the content of the operator's services, send to technical support [email protected]
- The User undertakes to:
- Provide at the request of the Site Administration any additional information that is directly related to the provision of Services by the Operator.
- Provide relevant and true information in accordance with Section 4 “Registration Process” hereof.
- Pay for the Services in accordance with the Tariffs, within the time limit and under the terms established by the Operator. The Tariffs for each type of Services shall be determined, specified and regularly updated by the Operator at the Operator’s website at the following link: https://satoshkin.com/ and in the Tariffs section of these Terms of Services.
- Independently and in a timely manner familiarize himself(herself) with the Information regarding change in Tariffs and the terms and conditions of this Agreement posted on the Website.
- Immediately notify the Site Administration of any unauthorized use of his account or password or any other security breach.
Provide the User with Services in accordance with these Terms of Services.
9. USE OF WEBSITE
- The Website and the Content that is posted on the Website is owned by the Operator and operated by the Site Administration.
- The Content of the Website cannot be copied, published, reproduced, transmitted or distributed in any way, as well as posted on the Internet without the prior written consent of the Site Administration or the Operator. In case such prior written consent has been given Content (articles, publications available on the Website) may be distributed only if there is an active link to the Website.
- The Content is protected by copyright, as well as other intellectual property rights.
- The provision of Services offered on the Website to the User requires the creation (registration) of a User account.
- The User is personally responsible for maintaining the confidentiality of the account information, authorization information, personal information, as well as for all activities that are conducted by third parties on behalf of the User of the account.
- The User shall not use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, purchase, copy or track the content of the Website or the Operator’s Service.
- The User shall not bypass the navigation structure of the Site to receive or attempt to obtain any information, documents or materials by any means that are not specifically provided by the services of this Website.
- The User shall not make attempts of unauthorized access to the functions of the Website, any other systems or networks related to this Website, as well as to any services offered on the Website.
- The User shall not Violate the security or authentication system on the Website or in any network related to the Website.
- The User shall not Perform a reverse search, track or attempt to track any information about any other User of the Website.
- The User shall not distribute any confidential and protected information about individuals or legal entities using the Website.
- The User shall not use the Website to disseminate advertising information, except with the consent of the Site Administration.
- The User shall not use the services of the Website for the purpose of:
- uploading illegal content that violates rights of third parties; promotes violence, cruelty, hatred and (or) discrimination on the base of racial, ethnic, religious, social grounds; contains inaccurate (untrue) information and (or) insults to specific individuals, organizations, authorities;
- the illegal or unauthorized use and management of third parties assets and funds;
- money-laundering, funding terrorism or any other illegal activities;
- induce Users of the Website to commit illegal actions, as well as assist persons whose actions are aimed at violating restrictions and prohibitions;
- violation of the rights of minors and (or) causing harm in any form;
- infringement of the rights of minorities;
- representing on behalf of another person or representative of the organization and (or) community without sufficient rights, including for the employees of these Operator’s Services;
- misleading about the properties and characteristics of any Service from the Website.
- Violation of rules established in 9.5. - 9.13. shall lead to the unilateral termination of the User’s agreement with the Operator or to any liabilities described in section 6. “LIMITATION OF ACCESS, TERMINATION, SUSPENSION” of these Terms of Service.
10. COST OF SERVICES, TARIFFS, REFUNDS
- The Services provided by the Operator shall be divided into types of Services that are stipulated on the Website at the following satoshkin.com.
- Each Service provided by the Operator shall have it’s own price (cost, fee) that shall be determined on the Website. Prices (costs, fees) and Periods of Service Provision may be modified by the Operator at any time without any notification of the User.
- The Operator’s Services shall be provided on a subscription basis which includes a trial period of 7 days and starts from the first day of User registration on the Website. The User has the right to make a payment and switch to a paid subscription at any time.
- The User may terminate the subscription (terminate the Agreement) at any time and shall still have access to the Website and Operator’s Services through the end of the Period of Service Provision.
- Payment for Services shall be made on the basis of 100% prepayment and in the manner prescribed by these Terms of Services and information on the Website.
- The User’s obligation of payment for the Operator’s Services is considered completed only after the receipt of funds in full by the Operator.
- All prices (fees, costs) for the Operators Services shall be set in U.S. dollar.
- The Operator’s Services are not refundable and do not include the rates of the bank or/and merchant provider.
11. LIABILITY AND RISKS
- The Parties shall be liable hereunder for failure to fulfil or improper fulfilment of the provisions hereof.
- The Operator shall not be liable for any direct or indirect losses of the User caused by failure to use the Website or some Services of the Website as a result of the User’s bad internet connection, technical difficulties or any other reason whatsoever unrelated to the ability of the Operator to perform duties under such agreement. The Operator shall not be liable for any loss suffered by the User in connection with the use of Operator’s Services provided under the present Terms of Services unless such loss arises from bad faith, willful default or fraud on the part of the Operator.
- The Operator shall not be liable for ant direct or indirect losses related with non-performance or any other default of third parties and Authorized P2P Platforms.
- The Operator shall not be liable for achievement of any results by the User by using the Operator’s Website or Services. The User agrees that such Services are closely related to cryptocurrency exchange/ cryptocurrency trading and that certain risks arise from the provision of services by third parties and that the Operator cannot be liable for non-performance, default or any other breach by third parties.
- The Operator shall not be liable for inconsistency of the Service with the User’s expectations and/or his/her perception; such inconsistency with expectations and/or negative perceptions shall not constitute grounds for considering the Services to be of poor or insufficient quality.
- The provisions of these Terms and Services shall exclude and limit the Operator’s liability for damage to various extents. The Operator’s liability to the User shall be limited to the following amount: the cost of the minimum Tariff plan for the month. Such limitation of liability shall be applicable in cases of non-provision of Services due to circumstances that the Operator believes to be sufficient.
- The Operator shall not be liable for the losses of the User incurred during the usage of the Operator’s Services as well as the Operator shall not be liable for the losses incurred by the actions (or fault) of third parties, including other P2P Platforms.
- The Operator shall not be liable for the in accessability of the Operator’s Website.
12. DISPUTE RESOLUTION
- All disputes and disagreements that arise or may arise out of the relationship between the User and the Operator shall be settled on an out-of-court basis.
- In case of a dispute and/or disagreement that may arise out of these Terms of Services the Parties within 10 (ten) working days shall send each other written complaints at the following addresses:
- if the written complaint is addressed to the Operator - [email protected];
- if the written complaint is addressed to the User - the e-mail stipulated by the User in his/her Authorized Data and/or User Form.
- If the parties have not been able to resolve the dispute within ten working days of receipt of the written complaint, such parties shall refer the dispute to the relevant judicial authority.
- All disputes, claims and proceedings arising out of or relating to the services shall be resolved by the competent courts of the Republic of Seychelles. However, the Operator shall always have the right to take legal proceedings in the court of competent jurisdiction of the User’s domicile.
13. GOVERNING LAW
- These Terms of Services will be construed in accordance with and governed by the laws of the Republic of Seychelles without regard to their choice-of-law provisions, and excluding the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
- For all matters not covered in the Terms of Services, Parties shall be governed by the laws of the Republic of Seychelles, without regard to their choice-of-law provisions, and excluding the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
- Electronic Communications. The Operator shall send information relating to the User’s account (e.g. payment authorizations, invoices, acts of service provision, changes in password or Payment Method, confirmation messages, notices) in electronic form, for example via e-mails to the User’s e-mail address provided during registration in User’s Form/Authorization Data. The Operator may choose to send information relating to the User’s account to the User’s telegram account. The User acknowledges that the official language of any communications between the User and the Operator is the English and Russian language.
- Survival. If any provision or provisions of these Terms of Services shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
- Assignment and transfer of rights. The Operator is entitled to transfer or assign its rights and obligations under this agreement to any person either natural or legal, at any time without notice to the User. The User shall not transfer or assign any of it’s rights and / or obligations under these Terms of Services to any other person.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. THE WEBSITE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THE WEBSITE NOR ANY OWNER OF CONTENT WARRANTS THAT THE WEBSITE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, THE WEBSITE MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE WEBSITE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND THE WEBSITE IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.
NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY ON BEHALF OF THE WEBSITE. WHILE USING THE THE WEBSITE SERVICES, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.
WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING THE WEBSITE’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A USER.