Terms Of Service
AGREEMENT TO TERMS AND ELIGIBILITY
By accessing or using any or all of the Services, you expressly acknowledge, represent and warrant that (i) you have read and understood these terms of service (the Terms or Agreement); (ii) you agree to be bound by these Terms; (iii) you are at least 18 years old and are legally competent to enter into these Terms. (iv) you are not a US citizen; and (v) you are not on any Canadian or US government list of prohibited, sanctioned or restricted persons. You can only use our Services if permitted under the laws of your jurisdiction. You represent and warrant that cash and/or Digital Assets exchanged or to be exchanged by you in the future with the help of Cash 2 Crypto:
• were not obtained or derived, directly or indirectly, as a result of illegal activities;
• are not intended to be used, directly or indirectly, in order to carry out a criminal offense, a terrorist activity or for the benefit of a terrorist group;
• are not owned or controlled by a terrorist group;
• are not being tendered on behalf of a person or entity who has not been identified to you; and
• you are not a person or entity identified on a list established under section 83.05 of the Criminal Code (Canada) or in any Regulations made under the United Nations Act (Canada) or the Special Economic Measures Act (Canada) or any other federal legislation or regulation in Canada or elsewhere which takes legislative measures against terrorist, terrorist groups and other listed and sanctioned individuals and entities.
Unless the above representations and warranties are true, you are not permitted to establish an account (an Account) with us or otherwise use our Service. If you are using the Platform (as defined below) or Services on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually.
By using Cash 2 Crypto, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use Cash 2 Crypto, however, and we reserve the right to change our eligibility criteria at any time.
SUMMARY
Cash 2 Crypto, and/or its affiliates (Cash 2 Crypto, we, our, or us) is an Alberta provincial corporation headquartered in Edmonton and registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as a money service business (MSB). Our MSB Registration # is M21011327.
Cash 2 Crypto provides its services through its website located at Cash 2 Crypto.ca and through a network of automated teller machines (collectively, the Services). Before using our Services, please read the Terms of Service (the Terms) carefully, along with any other policies referenced herein or notices on our website (the Platform).
CASH 2 CRYPTO SERVICES
Cash 2 Crypto is a non-custodial service, which means that we do generally not custody Digital Assets (as defined below), except in certain situations, as described below. We may custody cash to facilitate the purchase of digital assets accepted by Cash 2 Crypto (Digital Assets) or if cash has been received as part of settlement of a transaction on sale of Digital Assets (in respect of OTC Transactions).
Cash 2 Crypto provides to its customers, people such as yourself (you or your) who enter into this Agreement the following services:
(a) opening, maintaining and managing an account (the Account) to facilitate purchases and sales of Digital Assets. The Account will be a record in the Cash 2 Crypto platform with the information about the Digital Assets addresses, and transactions relating to Digital Assets;
(b) connecting an account from a customer’s financial institution and other funding methods (VISA Direct offered through Zum Rails) (the External Account);
(c) viewing Digital Asset transactions and values to self-custodied wallet addresses;
(d) facilitation of purchase and sale of Digital Assets in amounts not exceeding 5,000CAD by transmitting purchase or sale orders in respect of Digital Assets (Retail Orders) placed by you through the Account to our service providers, Banxa Com Pty Ltd. or its affiliates (Banxa) or Kraken Canada (Kraken) (Banxa and Kraken collectively, the Liquidity Providers or a Liquidity Provider individually);
(e) facilitation of purchase and sale of Digital Assets in amounts exceeding 5,000CAD (OTC Transactions) by transmitting orders to our Liquidity Provider, securing a spot rate, and processing settlement of such spot transaction by transmitting or receiving cash and ensuring that the Digital Assets have been delivered to Digital Asset wallet address provided by you;
(f) facilitation of transfers of Digital Assets from self-custodied wallets to wallet addresses provided by customer (for transactions completed at an ATM);
(g) facilitation of transfers from the Liquidity Providers to wallet address provided by customer (for transactions in connection with pre-authorized purchase plans);
(h) creation, suspension, and deletion of a pre-authorized purchase plan (PAPP) to purchase Digital Assets at scheduled interval, in Canadian dollars (CAD), through our service providers; and
(i) purchase and sale of Digital Assets through automated teller machines (ATMs) connected to Cash 2 Crypto.
RISK ACKNOWLEDGEMENT
We facilitate purchases or sales of Digital Assets, but we do not run or control any Digital Asset blockchain networks and/or Digital Asset wallets. As a result, there are a number of aspects of Digital Assets that can pose risks to you that are beyond control Cash 2 Crypto.
By using the Services, you understand that there are substantial risks associated with the purchase, sale and use of Digital Assets through Cash 2 Crypto and you agree to familiarize yourself and agree to assume any and all such risks, as described in the Risk Disclosure Statement available at https://www.cash2crypto.ca/risk-disclosure.
CASH 2 CRYPTO ACCOUNT
Cash 2 Crypto offers services relating to opening, maintaining and managing the Account, including creating an account, identity verification, connecting accounts of customer’s financial institutions, adding/deleting Digital Asset addresses, viewing Digital Asset transactions and values to wallet addresses, receiving instructions for purchase or sale of Digital Assets and executing such orders or routing such orders to the service providers for execution, establishing and deleting PAPP.
To establish an Account, you will be required to provide certain personal information as set out on the Service, in our Privacy Policy and these Terms, including for example your name, address, phone number, identity documents, identity numbers, such as a driver’s license or passport number, bank account details and an email address.
If you are establishing an Account in the name of an organization or business, such as a corporation, you will be required to provide: articles of incorporation, or similar formation documents; documents indicating your connection to the organization, such as a current profile report and a director or officer register; a list of all beneficial owners holding or controlling 20% or more of the outstanding shares, voting power or ownership of the entity, along with their respective ownership percentages, addresses and photos of the front and back of their respective government issued photo identification (ID);
We may also request similar documents which confirm the above information or request further information in certain circumstances. As part of our measures to confirm your identity (and the identity of each beneficial owner), we may also use third party identification service providers such as [ ̈] and others.
You will receive your unique Account designation, along with its associated user identification and password, upon registration. You are responsible for safeguarding and maintaining the confidentiality of your user identification and password as you are fully responsible for all activities that occur relating to your Account.
You agree to immediately notify us of any unauthorized use of your Account or any other breach of security and to ensure that you exit from your Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
We are authorized to close your Account, cancel or correct any order for the purchase, sale or transmission of any Digital Assets on the Cash 2 Crypto platform, and to take such other steps as are reasonably required to carry out your instructions, enforce this Agreement or comply with applicable law.
AGENCY APPOINTMENT
As our Service may facilitate transferring of your Digital Assets from your self-custodied wallets or other third-party wallets, you authorize us to act as your agent, and on your behalf to enter into binding orders for purchase or sale of Digital Assets and transmit the order information to third-party service providers, for order execution.
You agree to immediately pay the stated price when you engage in transactions using the Services. Cash 2 Crypto reserves the right to amend its pricing at any time without prior notice to you.
When you request that we transfer cash into your Account from your external account or request that we transfer to your external account from your Account, you authorize Cash 2 Crypto to execute such transaction and represent and warrant to Cash 2 Crypto that such external account is your own and is not an account of, or on behalf of, any other person. We reserve the right to set the payment methods that we shall accept from you, and any applicable limits or rules for particular payment methods, such as daily e-Transfer limits or other volume/purchase limits, without prior notice. We do not accept cheques, foreign currencies, and may be required for legal or any other reasons to refuse payments.
BUY DIGITAL ASSETS WITH CREDIT CARD OR DEBIT CARD. PRE-AUTHORIED DEBIT.
If you use Cash 2 Crypto to purchase Digital Assets with your credit or debit card, you will be redirected to a web-site of our third-party service provider and such service provider will convert your chosen amount into the applicable Digital Asset and credit it to your wallet. You can also use pre-authorized debit transactions from your financial institutions on a one-time or recurring basis (through PAPP). In this case, you will be redirected to our service provider web-site, which will be completing the processing of the payment. In connection with such pre-authorized debit arrangement, you represent and warrant that you are the person who can authorize withdrawals from any account at a financial institution you have linked and you authorize Cash 2 Crypto to issue pre-authorized debits drawn on your financial institution’s account for purposes of a funds transfer. Cash 2 Crypto may issue pre-authorized debits in the amounts and with the frequency you authorize from time to time. You waive any requirement that Cash 2 Crypto give pre-notification of any payment amount or change of payment date. To complete the transaction, you will also be required to agree to the pre-authorized debit agreement terms a copy of which is available at https://www.cash2crypto.ca/PAPP.
PRE-AUTHORIZED PURCHASE PLAN (PAPP)
PAPP allows you purchase Digital Assets on a recurring basis, at scheduled intervals, using a debit card, Visa Direct (offered through our service provider, Zum Rails Inc.) or Interac E-Transfer. To activate PAPP, you will need to pick a Digital Asset you wish to buy on a periodic basis, set the total amount (in CAD) of periodic purchases, set the percentage for the total amount for each Digital Asset chosen; input wallet addresses for each Digital Asset, and connect an External Account. If the purchase amount exceeds 1,000CAD you will be required to undergo KYC procedures and identity verification. You are also able to suspend or terminate the active PAPP.
When you order to transfer Digital Assets purchased under the PAPP to a wallet address specified by you, such Digital Assets will be sent to Cash 2 Crypto’s Blockcypher wallet address (consolidated in one group with multiple Digital Assets of the same type batched together), and then forwarded to the wallet address or addresses specified by you. The forwarding of Digital Assets received at Cash 2 Crypto’s digital asset wallet at BlockCypher typically is structured to happen almost instantaneously.
You acknowledge and agree that: (i) Cash 2 Crypto is not responsible for your use of such third party service and shall have no liability whatsoever in connection with your use of such service; (ii) you will be subject to any terms and conditions imposed by the relevant third party service provider; (iii) Cash 2 Crypto has no ability to change, withdraw or cancel any conversion requests you place; (iv) Cash 2 Crypto is not responsible for any exchange rates offered by the relevant third party service provider(s); and (v) Cash 2 Crypto is not responsible for any fees charged by the relevant third party service provider(s) or your bank or credit card issuer(s). Pre-authorized purchase plan services are recurring and must be cancelled at minimum 7 business days in advance to prevent being charged for the upcoming subscription payment.
PROCESSING ORDERS
In respect of your Account, you may use the Services to place an order to buy or transfer a Digital Asset (each, an Order). Unless otherwise provided in this Agreement, you may not place an Order unless you have sufficient funds to satisfy payment for the Order. If you place an Order with insufficient cash available, we may cancel the entire Order or fill only a partial amount of such Order. Cash 2 Crypto may, in its absolute discretion, execute an order notwithstanding that you have insufficient funds to satisfy payment for such Order and in such case, Cash 2 Crypto shall be entitled, in its absolute discretion, to: (i) repossess and foreclose upon any Digital Assets that were purchased by such Order, regardless of any increase in their value; (ii) deduct any amounts from the funds allocated to satisfy any deficiency for any Order; and/or (iii) consider any deficiency in payment for such Order to be an extension of credit to you by Cash 2 Crypto shall be subject to the Lien in respect of the repayment of such credit.
When you enter an order for the purchase of a Digital Asset selected by you, Cash 2 Crypto will provide you a spot rate and a time limit within which you must accept the rate provided. If within the time limit you accept the spot rate, you will have to confirm that you wish to proceed with the transaction and Cash 2 Crypto will proceed filling the order by debiting the funds from your financial institution’s account and once the funds have been received, the order will be filled and the Digital Asset purchased will be sent to the wallet address specified by you.
Due to rapid changes in prices on the Cash 2 Crypto platform, it is possible that your order may be fulfilled at a better price than what you have set or, less commonly, your order may not be fulfilled even though the price available on the Cash 2 Crypto may have briefly met or surpassed the price that you set. Cash 2 Crypto does not guarantee that an order will be fulfilled, but will attempt to fulfill your order. We will not under any circumstances be liable for any failure to achieve a certain price or the failure to fulfill any particular order.
PURCHASE OR SALE OF DIGITAL ASSETS THROUGH ATMs
When you use Cash 2 Crypto services through an ATM, you agree to comply with this Agreement and understand that you are instructing Cash 2 Crypto to purchase or sell a Digital Assets in exchange for cash denominated in Canadian dollars (CAD) and to transfer such Digital Asset to or from a wallet address you input into the ATM. You may be, and if transaction amount exceeds $1,000CAD, you will be required to undergo a verification process to verify identity and determine your eligibility before a transaction can be completed. The verification generally is done by phone number verification and verification of a valid government-issued ID. Your use of the services offered by Cash 2 Crypto may be delayed during the verification process, and you agree that Cash 2 Crypto will not be responsible for loss relating to completion of that process.
Cash 2 Crypto reserves the right to decline any request for purchase or sale of Digital Assets, accept or refuse any method of any payment, at any time. Cash 2 Crypto may also impose limits on the number of transactions and amount of each transaction.
DIGITAL ASSET TRANSACTIONS
For all proposed Digital Asset transactions to be completed, they must be confirmed and recorded in the Digital Asset’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the blockchain networks and, therefore, cannot and do not ensure that any transaction details that you submit via our Services will be confirmed and processed.
We may charge network fees (protocol fees or gas) to process a transaction on your behalf. We will calculate the miner fees at our discretion, although we will always notify you of the protocol fees at (or before) the time you authorize the purchase or sale of Digital Asset.
Once submitted to a Digital Asset network, a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Asset network. A transaction is not complete while it is in a pending state. Digital Asset associated with transactions that are in a pending state will be designated accordingly and will not be included in your Account balance or be available to conduct transactions until confirmed by the network.
By using Cash 2 Crypto, you acknowledge and agree that: (i) we do not have the ability to cancel or otherwise modify your transaction; (ii) the transaction details you submit may not be completed, or may be substantially delayed, by the applicable blockchain networks; (iii) we do not store, send, or receive Digital Assets (other than transactions for sending of Digital Assets made through ATMs or in connection with PAPP); and (iv) any transfer that occurs in relation to any Digital Asset occurs on the relevant blockchain network and not on a network owned by us and therefore we do not guarantee the transfer of title or right in any digital asset.
PAYMENT AND FEES
Fees applicable to the Services or any component of the Services are available at https://www.cash2crypto.ca/fees.
TAXES
It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any digital asset-related transactions.
PRIVACY POLICY
For an explanation on how we collect, use and disclose information from our users please see our Privacy Policy at https://Cash2Crypto.ca/privacy. You acknowledge and agree that your use of the Services is subject to, and that we can collect, use and/or disclose your information (including any personal data you provide to us) in accordance with our Privacy Policy. In addition, our third-party service providers may have their own policies regarding collection, storage, and processing personal information.
UPDATES TO TERMS OR SERVICES
We reserve the right to modify these Terms at any time at our sole discretion. If we do so, we’ll let you know by either posting the modified Terms on our website or through other methods of communication which we deem reasonable. If you continue to use Cash 2 Crypto following any modification of the Terms you shall be deemed to have accepted the modified Terms. If you do not agree to the Terms or any modifications to the Terms, you may not access or use our Services. Our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without prior notice, at our sole discretion.
KYC AND AML
In connection with our compliance requirements as well as our third-party service provider compliance requirements with FINTRAC and FIU, you agree to provide information as required to meet the regulations and laws as well acknowledge and agree to our terms of service and privacy policy as well as the terms of service and privacy policies of our third-party service providers.
ACCURACY OF INFORMATION PROVIDED BY USER
You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any digital asset transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a digital asset.
WALLET SECURITY
You must create a wallet to use Cash 2 Crypto. When you create a wallet, you will be assigned a private key. The private key is associated with the wallet address and can be used to authorize the transfer of digital assets to and from that wallet address. You are solely responsible for the retention and security of your private key and any mnemonic phrase (Secret Phrase) associated with your wallet. You must keep your wallet address, Secret Phrase, and private key access information secure. Failure to do so may result in the loss of control of digital assets associated with your wallet. You agree to immediately notify us of any unauthorized use of your private key or any other breach of security of your wallet.
You acknowledge and agree that we do not receive or store your wallet password, encrypted private key, unencrypted private key, or Secret Phrase associated with your wallet. We cannot generate a new password for your wallet if you fail to remember your original password. Accordingly, we shall have no responsibility or liability whatsoever in the event you are unable to access your wallet for any reason including without limitation your failure to keep your wallet address, Secret Phrase, and private key information secure. You acknowledge and agree that you will assume all risks related to the use of the Services and you shall be solely responsible for maintaining the confidentiality and security of your private key.
THIRD PARTY SERVICES AND CONTENT
In no event shall a description or reference to a product or service of a third party (the Third Party), including, providing a description or reference via hyperlink, be construed as an endorsement or promotion of such third-party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third-Party Service. You may agree to receive push notifications from Third Party Content providers. To receive push notifications, you must opt into the service. Push notifications will not be automatically enabled on your device for Third Party Content. We do not control, endorse, or adopt any Third-Party Content shared through push notifications, and will have no responsibility for Third Party Content including, but not limited to, token availability and/or sales. If, to the extent permitted by Cash 2 Crypto, you grant express permission to a third party to access or connect to your Cash 2 Crypto account, either through the third party’s product or service or through Cash 2 Crypto, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under these Terms. You are fully responsible for all acts or omissions of any third party with access to your wallet. Further you must acknowledge and accept third-party terms and privacy policy prior to your use of third-party services.
INTELLECTUAL PROPERTY
We grant you a non-exclusive, non-sublicensable and non-transferable license to use Cash 2 Crypto for your personal use or internal business use only. Except as otherwise expressly permitted in this Agreement, you will not: (a) reproduce, modify, adapt or create derivative works of any part of Cash 2 Crypto; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to Cash 2 Crypto; (c) use Cash 2 Crypto for the benefit of any third party; (d) incorporate Cash 2 Crypto into a product or service you provide to a third party without our prior written consent; (d) circumvent mechanisms in Cash 2 Crypto intended to limit your use; (f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to Cash 2 Crypto, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in Cash 2 Crypto (h) use Cash 2 Crypto for competitive analysis or to build competitive products.
FEEDBACK
From time to time, you may choose to submit feedback to us. We may, in connection with your use of Cash 2 Crypto, freely use, copy, disclose, license, distribute and exploit any feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No feedback will be considered your Confidential Information, and nothing in this Agreement limits our right to independently use, develop, evaluate, or market products or services, whether incorporating feedback or otherwise.
CONTENT
Cash 2 Crypto may contain copyrighted material and trademarks including, but not limited to, text and graphics (the Content), which is protected by copyright law, registered, and unregistered trademarks, and other intellectual property rights. Unless otherwise provided, we exclusively own the Content. Your use of Cash 2 Crypto does not grant you any right, title, or interest in the Content. You agree that you will not copy, transmit, distribute, sell, license, create derivative works from, or, in any other way, exploit any of the Content, in whole or in part.
YOUR USE OF CASH 2 CRYPTO
You agree that you will not violate any laws when using our Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal or otherwise prohibited trade, illegal gambling, fraud, money laundering, or terrorist activities. For the avoidance of doubt, if we discover that you have violated these Terms and/or any applicable laws or regulatory requirements, including, but not limited to, the Bank Secrecy Act or any applicable anti-money laundering and anti-terrorism laws and regulations, we reserve all of our rights and remedies under these Terms and at law and will take all necessary actions against you. You further agree that: (i) you will not encourage or induce any third party to engage in any of the activities prohibited under this Section; (ii) you will not impersonate someone or use or attempt to use another user’s wallet without authorization or use our Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it; (iii) you will not distribute any virus or other harmful computer code through Cash 2 Crypto; (iv) you will not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure; (v) you will not reverse engineer or bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services including, without limitation, other accounts, computer systems, or networks connected to the Services; and (vi) you will not violate, misappropriate or infringe the rights of Cash 2 Crypto, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights. Although we have no obligation to monitor any user content, we have absolute discretion to take any necessary actions any time and for any reason without notice in the event you breach these Terms. Any use of Cash 2 Crypto other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and we shall have the right to terminate your license to use Cash 2 Crypto immediately without notice. You acknowledge and accept that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any user content, including any loss or damage to any of your user content.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DIRECT DAMAGES OR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE CASH 2 CRYPTO SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
Warranty Disclaimer
CASH 2 CRYPTO IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND UNDERLYING SOFTWARE OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY US OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
INDEMNITY
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us concerning Cash 2 Crypto; (c) violation of any Third Party Content (d) your violation of the Terms; or (e) your violation of any law, rule, or regulation, or the rights of any third party.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim is permanently barred.
GOVERNING LAW
No matter where you’re located, the laws of the province of Ontario will govern these Terms and any documents incorporated by reference, without regard to conflicts of laws rules.
ARBITRATION & WAIVER OF CLASS ACTION
Disputes Under C$30,000
Any dispute, controversy or claim under C$30,000 arising out of or relating to this contract including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved by arbitration at ADR Chambers under the ADR Chambers Arbitration Rules. The place of the arbitration shall be Edmonton, Alberta. There shall be one arbitrator. The language of the arbitration shall be English. An oral hearing need not be held. There will be no appeal from the decision of the Arbitral Tribunal on questions of fact, law, or mixed fact and law.
Disputes Over C$30,000
In respect of a claim by either you or us for an amount of C$30,000 or greater, and/or a claim seeking any non-monetary relief, arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us, you agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable) for the settlement thereof.
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND CASH 2 CRYPTO WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION OR PROCEEDING. THE PARTIES WAIVE TRIAL BY JURY.
NOTE TO INTERNATIONAL USERS
If you are a user accessing or using our Services from a region with laws or regulations governing personal data collection, use, and disclosure that differ from Canadian laws, please be advised that we do not collect or process your personal data, except as provided for in our Privacy Policy.
TERMINATION
In the event of termination concerning your license to use Cash 2 Crypto, your obligations under this Agreement will still continue. Your access to the funds in your Wallet after termination will depend on your access to your backup of your Wallet address and private key.
DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without cost to you, with or without prior notice, and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. You are solely responsible for storing outside of the Services a backup of any wallet address and private key pair that you maintain in your wallet. Maintaining an external backup of any wallet address and private key pairs associated with your wallet will allow you to access the blockchain network upon which your wallet is secured. Such a backup will allow you to fully restore your wallet at any time without cost or loss of your digital assets. If you do not maintain a backup of your wallet data outside of the Services, you will not be able to access the digital assets associated with your wallet. Cash 2 Crypto shall not be held responsible or liable for any loss of digital assets in the event that we discontinue all or any part of the Services.
NO WAIVER
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
SEVERABILITY
If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
FORCE MAJEURE
We shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
ASSIGNMENT
You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
ENTIRE AGREEMENT
This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of the Terms) and every nature between us. Except as provided for above, any modification to these Terms must be in writing and must be signed by both parties.
LANGUAGE
The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.
YOUR USE OF CASH 2 CRYPTO
Any notices or other communications provided by us under these Terms, including those regarding modifications to it will be given by posting to the Services and/or through other electronic communication.
You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your account and your use of the Services.
QUESTIONS OR COMMENTS
We welcome comments, questions, concerns, or suggestions. Please send us a message on our contact page at help@Cash2Crypto.ca.