These Terms of Use is an important document, which the User must consider carefully when choosing whether to visit the Site and to use services, products and content of Coinway. Please read these Terms of Use carefully before agreeing to them.
The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of all services, products and content of Coinway.
By accepting these Terms of Use, you agree with and accept all policies published on this website.
IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT ACCESS THIS SITE AND DO NOT USE ANY OF COINWAY’S SERVICES, PRODUCTS AND CONTENT.
1. DEFINITIONS
1.1. Capitalized terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:
1.1.1. Account: means an account registered by the User on the Coinway
Platform.
1.1.2. Buyer: means the User who submits an Order to buy GHS or Cryptocurrencies through the Platform.
1.1.3. Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc).
1.1.4. Cryptocurrency: means peer-to-peer decentralized digital representation of value (e.g. bitcoin, litecoin, ethereum, etc.).
1.1.5. Deposit: means a Transaction involving a transfer of Funds to the Account.
1.1.6. Fiat currency: means government-issued currency, that is designated as legal tender in its country of issuance through government decree law.
2. SCOPE OF THE SERVICES
2.1. The Services allow all Users of the Platform to trade Cryptocurrencies and GHS with other Users.
2.2. Depending on the User’s place of residence, the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site.
2.3. The User acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other Users, and that Coinway acts only as an intermediary in such Transactions, not as counterparty to any trade.
3. USER’S RIGHTS AND RESPONSIBILITIES
3.1. The User has the right to enter and use the Site and the Services, as long as he/she agrees to and actually complies with the Terms of Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.
3.2. The User undertakes to read the entire Terms of Use carefully before using the Site or any of the services provided by Coinway.
3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
3.4. The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.
3.5. The User undertakes to immediately (i.e. right after the moment of discovery) inform Coinway about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Use and Coinway will have the right to take any further steps accordingly, including but not limited to report to the relevant state authorities.
3.6. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf.
4. USER’S REPRESENTATIONS AND WARRANTIES
4.1. By registering an Account, User expressly represents and warrants that he/she:
follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site and Services;
has accepted these Terms of Use;
is at least 18 years of age and has the right to accept these Terms of Use and participate in transactions involving cryptocurrencies and GHS.
4.2. The User represents and warrants that he will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorised and have the capacity to enter into the Transactions on the Platform.
4.3. The User represents and warrants that both Fiat currency and cryptocurrency deposited to the Account belong to the User and derived from legal sources.
4.4. The User represents and warrants than he/she will withdraw any cryprocurrency from his/her Account only to his/her wallets, otherwise Coinway does not hold any liability for the consequences of such withdrawal.
4.5. The User represents and warrants that all Transactions being carried out do not violates the rights of any third party or applicable laws.
5. RIGHTS AND RESPONSIBILITIES
5.1. Coinway has the right to suspend User’s Account and block all Cryptocurrency, Fiat currency and GHS contained therein, in case of non-fulfilment or unduly fulfilment of the Terms of Use by the User.
5.2. Coinway undertakes to provide Services with the utmost effort, due care and in accordance with these Terms of Use.
5.3. Coinway’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the Coinway User, Coinway responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.
6. REPRESENTATIONS AND WARRANTIES
6.1. Coinway shall provide the Services with reasonable care and skill and in accordance with these Terms of Use.
6.2. All buy and sell orders made on the Platform, will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The Transaction Price is calculated on the basis of actual matched orders made by Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees.
6.3. Coinway represents and warrants that once the orders to buy or sell Cryptocurrencies and GHS match, such orders may not be cancelled or reversed. It holds all Cryptocurrencies and GHS transferred and acquired by each User in his/her Account and on the respective User's behalf.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All content on this Site is the property of Coinway and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
7.2. Coinway supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please send us an email to support@coinway.com.
8. USER VERIFICATION
8.1. Identification and verification procedures (also known as 'Know Your Customer' or ' KYC') are required for all Transactions, which involve Fiat currency. On its sole discretion Coinway may apply mentioned KYC procedures to Users, who make Transactions exclusively in Cryptocurrency. If the User refuses to provide required documents and information, Coinway reserves the right to immediately terminate Services provision to the User.
8.2. You undertake to provide Coinway with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behavior will be interpreted as a fraudulent activity.
8.3. You hereby authorise Coinway to, directly or indirectly (through third parties) make any inquiries we consider necessary to check the relevance and accuracy of the information provided for verification purposes.
9. ACCOUNT MAINTENANCE
9.1. The Site is for the User’s personal and non-commercial use only. Coinway is vigilant in maintaining the security of the Site and the Service. By registering with Coinway, the User agrees to provide Coinway with current, accurate, and complete information about him/herself as prompted by the registration process, and to keep such information updated.
9.2. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.
9.3. The User agrees that he/she will not use any Account other than his/her own, or access the Account of any other User at any time, or assist others in obtaining unauthorized access.
CONTACT US
If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account, or any other matter, please contact support@coinway.com
Last update: November 30, 2016
Coinway guarantees to its User the right for refund, in case if such User is not satisfied with the quality of the provided Services.
Furthermore, Coinway declares that its User has the right to change his/her mind in case if the User’s Account was already funded and to request his/her Funds to be returned.
This Refund Policy concerns exclusively Transaction fees and Users’ Funds.
Coinway undertakes to make its best effort to assist the Users in case of any disputes related to purchased crypto-currencies Refunds and Returns in excess of the original amount is prohibited
1. GENERAL CONDITIONS
The User who has paid for the Coinway Services, i.e. paid a transaction fee or has funded his account may request a Refund or Return in accordance with the Eligibility Criteria as further set out herein.
Refund/Return will only be considered where the User fully complies with the Eligibility Criteria. Where the User fails to meet any of the Eligibility Criteria, Coinway shall have the right, in its sole discretion, to decline the User’s request for a Refund/Return.
In order to apply for a Refund/Return, the User must request and complete a Refund Form/Return Form and send the respective form to the Coinway support address - [email protected]
To prevent Prohibited Conduct, all payments and information related to Refund/Return may be verified by Coinway. In such case, Coinway may request the User to provide certain documents, including, but not limited to, identification documents, copy of the User’s Payment Card and Invoice or/and any other prove of the fact that disputed payment was made. In case if the User fails to provide appropriate documents or information within three (3) days upon the Coinway request or in case of any doubts as to authenticity of provided documents, Coinway shall be entitled to decline the User’s Refund/Return request.
Coinway shall process the User’s Refund Form/Return Form as soon as is reasonably practicable. Response times will vary depending on stated reasons for the request. In any case, Coinway shall notify the User on the outcome of the request in accordance with the timescales set out herein.
Refund/Return request will only be approved or declined after meticulous verification made by Coinway.
NOTE: Submission of Refund Form/Return Form does not guarantee that the User’s request will be satisfied.
2. TRANSACTIONS INVOLVING CRYPTO CURRENCY
Refunds are not possible for all transactions where customer is purchasing Crypto Currency. However, in case customer changed his mind and would like to return purchased Crypto Currency Coinway would be able to buy it back based on current market rate minus the service fee for the transaction. In other words, customer can exchange purchased Crypto Currency (i.e. BitCoin) for any existing Digital Currency (i.e. PayPal) or Payment Method (i.e. Credit Card payment or Bank Transfer).
The reason for such policy is the fact that price of Crypto Currency changes constantly thus the value of purchased Crypto Currency on the moment of refund will be different.
3. CHARGEBACKS
Coinway expects the User to contact it using Coinway contact details to resolve any problem or issue related to his/her payments, before the User makes any Chargeback request. This Section does not affect any rights and/or claims, which the User may have against the bank/financial institution.
Coinway will investigate any Chargeback requests made by the User and in response will inform the User’s Issuing Bank whether any Service or Transaction has been cancelled.
Coinway reserves the right to suspend User's account and lock User's Funds during the chargeback investigation procedure.
4. Miscellaneous
Any charges, which arise upon processing Refund/Return, shall be borne solely by the User. Such charges will be deducted from the final amount of Refund/Return.
This Refund Policy will be amended from time to time if there is any change in the legislation. Terms and conditions of the Refund Policy are subject to change by Coinway and in the case of any amendments, Coinway will make an appropriate announcement. The changes will apply after Coinway has given notice.
In case if the User does not wish to accept the revised Refund Policy, he/she should not continue to use Coinway Services. If the User continues to use the Services after the date on which the change comes into effect, his/her use of the Services to be bound by the new Refund Policy.
CONTACT US
If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account, or any other matter, please contact support@coinway.com
