PLEASE READ THESE TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES. AS WITH ANY ASSET, THE VALUE OF CRYPTO CURRENCIES CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU WILL LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING IN DIGITAL CURRENCIES. BY USING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTING IN DIGITAL CURRENCIES (2) THAT YOU ASSUME ALL RISKS WITH RESPECT TO YOUR USE OF THE SERVICES AND TRADING IN DIGITAL CURRENCIES AND (3) BINANCE IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
BY ACCESSING, USING OR ATTEMPTING TO USE THE SERVICES IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
By opening an Account, you expressly represent and warrant:
- That you have accepted these Terms; and
- That you are at least 18 years of age and have the full capacity to accept these Terms and enter into a transaction involving digital assets.
DESCRIPTION OF SERVICES
Senit currently provides below services to its users. This list may be updated as new services are launched.
- Digital currency services. These Services operated by Senit allow buyers (“Buyers“) and sellers (“Sellers“) to buy and sell digital currencies.
- P2P services. These Services operated by Senit allow its users (“Members“) to send and receive digital assets to each other using Senit platform as a peer-to-peer transaction.
The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency – virtual or not – may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
Digital currency trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, digital currencies are unique type of “fiat” currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of digital currencies in a crisis.
Instead, cryptocurrencies are an as-yet autonomous and largely unregulated global system of currency firms and individuals. Traders put their trust in a digital, decentralised and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
The trading of cryptocurrencies is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrencies because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading digital assets.
We use our banking providers in order to receive client funds and make payments. Our banking providers DO NOT transfer, exchange, or provide any services in connection with digital currencies.
LIMITED RIGHT OF USE
Unless otherwise specified, all Materials on this Site and App are the property of Senit and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the Materials from this Site and Senit app on any single computer or mobile phone solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices.
The trademarks, service marks and logos of Senit and others used in this Site and Senit App (“Trademarks“) are the property of Senit and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site and Senit App belong to Senit. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site, mobile phone or networked computer environment for any other purpose is strictly prohibited; any such unauthorised use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
MAINTAINING YOUR ACCOUNT: OUR RULES
This Site and our app are for your personal and non-commercial use only. We are vigilant in maintaining the security of our Site, App and the Service. By registering with us, you agree to provide Senit with current, accurate and complete information about yourself, as prompted by the registration process, and to keep such information updated. You further agree that you will not use any Account other than your own or access the Account of any other Member at any time or assist others in obtaining unauthorised access.
The creation or use of Accounts without obtaining prior express permission from Senit will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and Senit may elect to take further action against you.
You are also responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own digital assets, and all activity including Transactions that are posted to your Account. Any actions on the Site and mobile App, transactions, orders and operations initiated from your Account or using your password (1) will be considered to have been made by you, and (2) is irrevocable once validated using your password or made through your Account. If there is suspicious activity related to your Account, we may, but are not obligated to, request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests or accept termination of your Account. You are required to notify Senit immediately of any unauthorised use of your Account or password, or any other breach of security, by email to firstname.lastname@example.org. Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by Senit or any user of the App.
Senit similarly reserves the right to freeze Ripple accounts in accordance with the new policy announced by Ripple Labs, which took effect on 15 September 2014. Please see the explanation provided by Ripple Labs below:
“The freeze protocol extension gives gateways the ability to 1) globally freeze all their issued funds or 2) freeze funds issued to a specific user. Frozen funds may only be sent back to the issuing gateway. The global freeze feature allows a gateway to freeze all balances it issues. The gateway may still issue payments. Accounts holding frozen balances may return the funds to the gateway. This feature is useful for migrating users from one account to another and to safeguard users in the event that the gateway account is compromised. The individual freeze is primarily intended for compliance with regulatory requirements, which may vary from one jurisdiction to another. It also allows gateways to freeze individual accounts issuances in order to investigate suspicious activity. These features allow gateways to better operate in compliance with laws and regulations.”
Lastly, you agree that you will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, malicious hacking or any criminal or illegal activity.
The accounts that were or will be funded did not and will not earn interests.
VERIFICATION OF ACCOUNTS
In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 5 years beyond account closing. You also authorise us to make inquiries, either directly or through third parties, that are deemed necessary to verify your identity or to protect you and/or us against financial crimes such as fraud.
The identity verification information we request may include, but is not limited to, your: Name, Email Address, Contact Information, Telephone Number, Username, Government Issued ID, Date of Birth and other information collected at the time of account registration. In providing this required information, you confirm that it is accurate and authentic.
Post-registration, you must guarantee that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, Senit shall have the right to send you a notice to demand corrections, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of Senit Service if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have the obligation to keep all information provided up to date if there are any changes.
BY SIGNING UP FOR ACCOUNT YOU HEREBY AUTHORIZE SENIT TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH THIRD PARTIES, THAT SENIT CONSIDERS NECESSARY TO VERIFY YOUR IDENTITY OR PROTECT YOU AND/OR SENIT AGAINST FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE ACTION SENIT REASONABLY DEEMS NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT REFERENCE AND FRAUD PREVENTION OR FINANCIAL CRIME AGENCIES AND THAT THESE AG ENCIES MAY RESPOND TO OUR INQUIRIES IN FULL.
TERMINATION AND ESCROW OF UNVERIFIED ACCOUNTS
You may terminate this agreement with Senit, and close your Account at any time, following settlement of any pending transactions.
We expressly reserve the right to cancel and/or terminate Accounts that have not been verified by the Client despite efforts made in good faith by Senit to contact you to obtain such verification (“Unverified Accounts”). All Unverified Accounts which have been inactive for a period of 12 months or more are further subject to transfer to a third-party escrow (the “Unverified Escrow”), and will no longer be maintained or under the legal responsibility of Senit. The administrator/trustee of the Unverified Escrow shall make any and all additional reasonable efforts required by law to determine and contact each Unverified Account owner and, after suitable effort and time has been expended, we may be required to convert the residual Cryptocurrencies into fiat and send it to a national authority responsible for the safekeeping of such funds.
The suspension or escrow of an Account shall not affect the payment of commissions due for past Transactions. Upon termination, Members shall send details of a valid bank account to allow for the transfer of any currencies credited to their account. This bank account must be held by the Member. Crypto assets may be transferred to a valid bank account only after conversion into a fiat currency. Senit shall transfer the currencies as soon as possible following the Member’s request and within the time frames specified by Senit.
Senit will send you the credit balance of your Account; however, in certain circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. We will make all reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment; however, where they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance, and that you agree to be responsible for such charges.
Upon Account closure, any amount less than USD 5 in value will not be returned.
Senit reserves the right to not convert cryptocurrencies into fiat and to return them to a Wallet that belongs to the Customer.
AVAILABILITY OF SERVICES
All services are provided without warranty of any kind, either express or implied, and in particular without implied warranties of merchantability and fitness for a particular purpose. We do not represent that this Site and Senit App will be available 100% of the time to meet your needs. We will strive to provide you with the Service as soon as possible, but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or a loss of transmitted information.
APIS AND WIDGETS
We may provide access to certain parties to access specific data and information through our API (Application Programming Interface) or widgets. We also may provide widgets for your use to enter your data on our Site and App. You are free to use these in their original unmodified and un-altered state.
Senit makes no representations whatsoever about any external or third-party website you may access through the Site. Occasionally, the Senit website may provide references or links to other websites (“External Websites“). We do not control these External Websites or third-party sites or any of the content contained therein. You agree that we are in no way responsible or liable for the External Websites referenced or linked from the Senit website, including, but not limited to, website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content.
Our business model and our Service facilitate the buying, selling and trading of cryptoassets and their use to purchase goods in an unregulated, international open payment system. The Services we provide are currently unregulated within the UK.
Unencrypted email messages sent over the Internet are not secure and Senit is not responsible for any damages incurred by the result of sending email messages in this way. We suggest sending email in encrypted formats; you are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request.
If you send unencrypted or unsecured email or other types of communications to us, we may respond using the same channels and you hereby accept the risks associated therewith.
DISCLOSURES TO LEGAL AUTHORITIES AND AUTHORIZED FINANCIAL INSTITUTIONS
We may share your Personal Data with law enforcement, data protection authorities, government officials, and other authorities when:
- Required by law;
- Compelled by subpoena, court order, or other legal procedure;
- We believe that disclosure is necessary to prevent damage or financial loss;
- Disclosure is necessary to report suspected illegal activity; or
We may also share information concerning US citizens who are Senit customers with other financial institutions, as authorized under Section 314(b) of the US Patriot Act, and with tax authorities, including the US Internal Revenue Service, pursuant to the Foreign Account Tax Compliance Act (“FATCA”), to the extent that this statute may be determined to apply to.
INTERNATIONAL TRANSFERS OF PERSONAL DATA
We store and process your Personal data on secure servers in Europe in compliance with the European Union General Data Protection Regulation 2016/679. For that purpose, Senit App Ltd is registered with the Information Commissioner’s Office (ICO) as the data controller. Registration number: ZA538964.
DISCLAIMER OF DAMAGES AND LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SENIT, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SENIT AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF SENIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF SENIT’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF SENIT, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SENIT OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO SENIT UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
To the full extent permitted by applicable law, you hereby agree to indemnify and hold harmless Senit, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Service.
If you are obligated to indemnify Senit, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this clause, Senit will have the right, in its sole discretion, to control any action or proceeding and to determine whether Senit wishes to settle, and if so, on what terms.
- Independent Parties. Senit is an independent contractor and not an agent of you in the performance of these Terms. These Terms not to be interpreted as evidence of an association, joint venture, partnership, or franchise between the parties.
- Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of the Services and will supersede all prior agreements between the parties whether, written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of these Terms.
- Force Majeure. Senit will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Senit’s reasonable control.
- Severability. If any portion of these Terms are held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
- Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. Senit may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
- Waiver. The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
MODIFICATION OF TERMS
Senit reserves the right to change, add or remove parts of these Terms at any time and at its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site and the App following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.
Cryptocurrency(ies) / cryptoasset(s) / digital currencies. Digital asset designed to work as a medium of exchange that uses strong cryptography to secure financial transactions, control the creation of additional units, and verify the transfer of assets, including the below:
Bitcoin. The Peer-to-Peer internet currency further described at https://bitcoin.org.
Ethereum. The Peer-to-Peer internet currency further described at https://www.ethereum.org.
Ripple or XRP. The Peer-to-Peer internet currency further described at https://ripple.com.
Stablecoin. Cryptocurrencies that are pegged to fiat money, or to exchange-traded commodities and as such are redeemable in currency, commodities, or fiat money and as such are low risk. https://en.wikipedia.org/wiki/Stablecoin. One of the most common stablecoins is:
USD Coin (USDC). USDC is a stablecoin backed by US dollars, which are held in reserve by regulated financial institutions. 1 USDC = 1 USD. https://www.circle.com/es/usdc.
Buyer(s). Member(s) that are submitting an offer to buy digital currencies through the Service.
Commission. Refers to the fee which is payable to Senit on each Transaction, such as a Purchase Transaction.
Member(s). Refers to Buyers and Sellers as well as any holder of an Account.
Personal Data. Information that identifies an individual, such as name, address, e-mail address, trading information, and banking details. “Personal Data” does not include anonymised and/or aggregated data that does not identify a specific user.
Price. The “price per coin” for which Members are willing to purchase or sell digital assets, using the Service. The Price may be expressed in any of the currencies deposited by Members in their Account and supported by the Service. See our Site for a full list of currencies.
Seller(s). Member(s) that submit an offer to sell cryptoassets through the Service.
Service(s). The range of services provided on the Senit technological platform, including functionalities, rules and specifications of the Senit app.
Transaction. Includes the following:
- The agreement between the Buyer and the Seller to exchange Cryptocurrencies through the Service for currencies at a commonly agreed rate (“Purchase Transaction“);
- The conversion of currencies into Cryptocurrencies deposited by Members on their Account (“Conversion Transaction“);
- The transfer of Cryptocurrencies among Members (“Transfer Transaction“);
- The transfer of currencies among Members (“Currency Transfer Transaction“); and;
- The purchase of ancillary products (“Purchase Transactions“).
Senit may not offer all these transaction types at this time or in all locations.
Transaction Price. The total price paid by the Buyer for each Transaction performed through the Service.
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