TERMS OF USE

Cointandem provides a solution for buying and selling bitcoins through https://www.cointandem.com website (the "Website"). All content and services made available through the Website that were not made available as of the "Last Revised" date above, shall automatically be deemed to be effective when first made available through the Website.
You are deemed to accept these terms of use (the "Terms") and conditions by any of the following: (a) selecting "I Agree" to these Terms; (b) using the Website in any way; or (c) browsing the Website; and thereby enter into a legal and binding agreement with Cointandem.
Certain areas of the Website and your access to certain Services (as this term is defined below) may be subject to different terms and conditions, which may be posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Website or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Website or Services.
We strongly recommend that prior to using the Services you carefully read through these Terms and any linked documents, including the Privacy Policy, as these will also apply to your use of the Website.
Cointandem reserves the right to amend the Terms at its sole discretion and any modifications shall be effective immediately upon posting the revised Terms on the Website. We will announce any such change by posting the revised draft of the Terms on the Website. You can determine when the Terms were last revised by referring to the "Last Revised" date at the top of this page. By continuing to use the Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the Terms or any changes thereto, you may not continue using this Website.
  1. . DEFINITIONS
      In these Terms, the following words and phrases shall (unless the context otherwise requires) have the meanings set out beside them:
    1. "Cointandem", "we", "us" or "our" means Tech View OÜ 14522009, a company located at KANALI TEE 6 TALLINN, 10112, including its subsidiaries and controlling entities.
    2. “Participating Merchant” means an individual and/or legal entity that in the course of its business activity sells goods and/or services (the "Merchant Offering") to the User via its website in return for payment by the User in Bitcoins.
    3. "Services" means buying and/or selling Bitcoins through the Website.
    4. "Terms" means these Terms of Use including all subsequent amendments.
    5. ""User," "you" or "your" means you and any other person or entity entering into these Terms with us or using the Services.
  2. . ELIGIBILITY
    1. You are only entitled to use the Services, if you comply with all of the following:
      1. You are at least 18 years old;
      2. You have the right, authority and capacity to enter into these Terms and to abide by all the terms and conditions of these Terms; and
      3. You are not prohibited from using the Website and/or the Services pursuant to the laws of the country in which you reside or located while using the Website.
    2. You should check the laws of your country regarding the use of Bitcoins or crypto-currency generally; by making the Services available to you, Cointandem does not represent that the use of the Website and/or the Services is legal in any form or manner in your jurisdiction. Cointandem assumes no liability on your usage of Bitcoins or cryptocurrencies in countries that do not allow the use of Bitcoins and/or cryptocurrency generally.
  3. . OUR RELATIONSHIP WITH YOU
    1. Cointandem is regulated by the Financial Intelligence Unit (the “FIU”) in Estonia and licensed to provide services of exchanging a virtual currency against a FIAT currency (license number: FVR000325).
    2. Cointandem reserves the right to limit the scope of our Services to Users, who have not verified their identity and/or set up a necessary level of security of User Account and/or failed to prove sufficient KYC documentation and/or source of funds.
    3. 3.3. In case of your breach of the Terms, or any other event as Cointandem may deem necessary, including without limitation (a) maintenance work; (b) inability of our service providers to provide you with the Services; (c) your request of account cancellation; (d) market change or disruption; (e) inability to conform our requirements; (f) lack of KYC verification; (g) pending litigation, investigation, or government proceeding related to you or your User Account; and/or (h) in case Cointandem perceives a heightened risk of legal or regulatory non-compliance associated with your User Account activity, Cointandem may, in its sole discretion and without liability to you, with or without prior notice:
      1. Suspend your access to the Website and/or User Account and/or to all or a portion of the Services;
      2. Prevent you from completing any actions via the User Account, including closing any open Transaction requests (while in case the transaction resumes, you acknowledge and agree that prevailing market rates may differ significantly from the rates available prior to such event); or
      3. Terminate your access to the Services, delete or deactivate your User Account.
    4. In the event of termination, we will return any funds or assets stored in your User Account and not owed to us, unless we believe you have committed fraud, negligence or other misconduct.
    5. Our services will be provided as described in Section ‎7 below.
  4. . YOUR PRIVACY
    1. Protecting your privacy is very important to Cointandem. Your passwords (in encrypted form) and your private information will be stored and used pursuant to our Privacy Policy, which can be viewed here: https://www.cointandem.com/privacypolicy .
    2. Sensitive information between your browser and the Website is transferred in encrypted form using Secure Socket Layer (SSL). When transmitting sensitive information, you should always make sure that your browser can validate the Website's certificate.
  5. . RESTRICTED TERRITORIES
    1. Without derogating from the generality of the foregoing, Cointandem may, at its sole discretion, restrict the availability of the Website and/or Services and/or User Account (or any part thereof) to: (i) any users in any territory (the “Restricted Territories”), and (ii) any users who do not comply with Cointandem’s AML (anti money laundering) and/or KYC (know your client) policies and practices, or (iii) who Cointandem reasonably believes may expose Cointandem to legal, regulatory, reputation or economic risks.
    2. The territories of Cameroon, Canada, Central African Republic, China, Estonia, Guinea-Bissau, Iran, Iraq, Israel, Libya, Mali, Nigeria, Republic of Congo, Republic of Sudan, Romania, Russia, Somalia, Ukraine, United States and Yemen are specifically excluded from these Terms, and constitute Restricted Territories.
    3. If Cointandem reasonably believes that any legal or regulatory environment (and/or any actual or proposed changes thereto) in the relevant territory will expose Cointandem to legal, regulatory, reputation or economic risks in such territory should Cointandem continue to provide or make available the Website and/or Services and/or the transfer of Transaction funds (or any part thereof) to users in that territory, Cointandem may inform you of its decision to designate such territory as a Restricted Territory, and following such notice you shall cease immediately using the Website and/or Services.
    4. Cointandem may impose additional requirements or conditions before accepting users residing in or from specific countries in its sole discretion. Furthermore, it is acknowledged that if any users should travel to the Restricted Territories, Cointandem’s Website and/or Services may be unavailable and/or blocked therein.
  6. . REGISTRATION
    1. In order to use the Services, you will be required to register with us in order to open an account via the Website (the "User Account") and complete the Website's registration process.
    2. In order to create a User Account, you will have to submit your email address and choose a unique password. In order to use the Services through the User Account, you will be required to verify your User Account by submitting your full name, telephone number and address. In addition, you will be required to submit KYC documentation for verification, including: (i) a copy of your valid passport or government issued photo I.D., and (ii) an updated utility bill or bank statement no more than 3 months old showing your full name and address matching those appearing in the valid identification document.
    3. Please note that even after you complete the registration and verification processes, we may require that you submit additional details and/or documentation or make other demands in order to fulfil our KYC requirements and own standards, and your compliance with such request is a condition precedent for the provision of the Services to you.
    4. Some of the information that you will be required to provide as part of the verification process is required due to certain KYC requirements that apply to Cointandem, and Cointandem may require additional information for this purpose. Cointandem reserves the right to deny your access to the Services in the event that you fail to satisfy its KYC requirements or any other aspect of the registration or verification process.
    5. When you open a User Account, you represent and warrant that all the details and documentation that you submitted as part of the registration process are genuine and correct. You also represent and warrant that you are aware that partial or false reporting is a violation of the law and doing so exposes you to sanctions or legal proceedings.
    6. You shall be fully responsible to maintain confidentiality of your User Account and not transfer your User Account's details to third parties. The full responsibility for an unauthorized use of your User Account lies solely with you, and you will bear, alone, all responsibility derived of an unauthorized use of your User Account. If you misplace, forget or lose your User Account details, we shall not be liable for any direct or indirect loss associated with such occurrence.
    7. It is your responsibility to keep your email address associated with your User Account up to date, so that we can communicate with you electronically. You understand and agree that you forfeit the right to plead ignorance if you do not receive an electronic communication sent to you by us, because your User Account's email address is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications.
    8. In addition, when you create a User Account, you agree: (i) to use your User Account, the Services and the Website for your personal and non-commercial use only; (ii) not to use or access a User Account other than your own and not conduct Transactions for and on behalf of third parties; (iii) not to allow third parties to access your User Account; (iv) promptly notify us if you discover or otherwise suspect any security breaches or misuse related to your User Account; and (v) not to use the Services and/or Website to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing or malicious hacking.
    9. If, at our sole discretion, we take the view that you are in breach of any of the representations, warranties or undertakings set out in this Section 6, we reserve the right to immediately suspend your User Account as well as all pending Transactions. Termination is not the exclusive remedy for such a violation and we reserve the right to take further action against you.
  7. . THE SERVICES
    1. As part of the Services, Cointandem facilitates the buying and selling of Bitcoins through the Website, in exchange for fiat payments (each a "Transaction"). For avoidance of doubts, "fiat payments" mean payments in any currency issued by a sovereign state's central bank, such as USD, EUR and the like. The minimum Transaction amount for buying or selling Bitcoins via the Website is EUR €200, however Cointandem may change the amount from time to time at its sole discretion.
    2. In order to transact with Cointandem you may either use a credit card or a bank transfer (“Means of Payment”) as detailed below.
    3. Regardless of the Means of Payment used you acknowledge that financial institutions may have specified cut off times for the receipt and dispatch of electronic payments and we shall assume no responsibility and/or liability for any consequence attributable to the late arrival of funds or instruction of payment after the relevant cut off times.
    4. In the event you want to exchange between supported Cryptocurrencies, the exchange rate will appear. Please note that the exchange rate presented is only indicative until the transaction is performed.
    5. The exchange rate fluctuates constantly and it is continuous. Therefore, effective date for the exchange rate of the Cryptocurrencies in a certain Transaction is the rate at the time of the execution of the Transaction and not any other date.
    6. With respect to each transaction, once all the required documents are received, you will be notified that the Transaction awaits your final approval and the exchange rate for the final approval will appear on the final approval page and you will be asked to approve the transaction at that rate (the “Final Approval”).
    7. Without derogating from the above, you understand and agree that the final price of the transaction rate may be either higher or lower than any other rate which was previously available on the Website, in accordance with value fluctuation which may occur; this may change either in your favor or in ours, and we have no control whatsoever over such change.
    8. Paying with bank account:
      In order to buy or sell Bitcoins through the Website using a bank transfer, you have to submit the details of the bank account through which you intend to make or accept monetary payments for the Bitcoins that you will buy or sell through the Website (the "User Bank Account"). The User Bank Account must be owned by the User. In addition to the KYC documentation, Cointandem may (but it is not obligated to) request from the User any document or information in order to verify the User's ownership of the User Bank Account as a condition precedent for approving any Transaction that the User seeks to perform.
    9. Paying with credit card:
      1. In order to buy or sell Bitcoins through the Website, using a credit card, you have to submit credit card details through which you intend to make or accept monetary payments for the Bitcoins that you will buy or sell through the Website (the “Credit Card Payment"). The credit card must be owned by the User.
      2. Cointandem will place the funds on hold with the Credit Card Payment, but the Transaction will not be finalized and the credit card will not be charged until all the required documents are received and found satisfactory. In the event that the documents are not provided by the Users within 72 hours of the User making the transaction Cointandem with cancel the transaction and the hold on the credit card will be released.
      3. Upon completion of the required documents, Cointandem will notify you and ask for your Final Approval to charge your credit card. Once the funds are received the Transaction will be finalized and Cointandem will transfer Bitcoins to your account at the then current exchange rate. You acknowledge that this may take up to 30 days following your Final Approval.
    10. You further understand and agree that prior to Cointandem’s execution of a Transaction, following your Final Approval, which subsequently will transfer the Bitcoins into your User Account, we reserve the right, within an hour of your Final Approval, to cancel any Transaction order approved by you that is still pending our execution. This may occur (i) within one hour of the Final Approval, if the Means of PaymnetPayment used is a bank transfer; and (ii) 30 days if a credit card is used as a Means of Payment.
    11. We will notify you by Email of our decision to cancel the execution of any said Transaction approved by you and advise of the updated exchange rate to complete your transaction.
    12. In order to buy or sell Bitcoins, you will have to submit the public address of your Bitcoin wallet to or from which you will request to accept or withdraw Bitcoin as part of the Transaction. You must not use any wallet except for your own. In addition, before submitting the public address of your wallet for the purpose of executing a Transaction, you are required to carefully check and verify that the address that you entered is the correct address of your wallet. Accordingly, Cointandem will not bear any liability for any damage caused to you or any third party as a result of your entering an incorrect wallet public address to carry out a Transaction and you will bear the exclusive liability for such damages.
    13. Please note that the execution of the Transaction by the Bitcoin's Blockchain network is not under our control or responsibility, and be aware that the Blockchain confirmation may depend on some variables, such as the Blockchain network usage and network capacity.
    14. Cointandem uses third parties to process Transactions executed by Users through the Website, including, but not limited, third party payment service providers. In particular, financial institutions involved in the transfers of funds to or from Cointandem shall be considered third party service providers which may affect the performance of Transactions. The services provided by such third party service providers shall be governed exclusively by the terms of use or other terms and conditions of such third party service providers, and Cointandem has no control over the acts or omissions of such third party service providers, nor shall it have any responsibility with respect to such acts or omissions or any result thereof.
    15. Cointandem may impose limits on the amount of Bitcoins that you can buy or sell via the Website in a single day or Transaction and/or change the limitations as it deems necessary or appropriate from time to time. You acknowledge that your use of the Website and/or the Services is at your sole responsibility and Cointandem will not be liable under any circumstances for any lost or stolen Bitcoins or fiat payments.
    16. The Services are available only in connection with those digital/virtual currencies that Cointandem support, and this may change from time to time. Under no circumstances should you attempt to use the User Account and/or Services and/or Website to store, send, request, or receive digital/virtual currencies in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use any digital/virtual currency we do not support.
    17. You may use the Website and/or the Services in connection with the purchase of goods and/or services of Participating Merchants. In relation to such Transactions, the following provisions shall apply:
      1. You acknowledge that the Participating Merchant is the seller of the Merchant Offering, and it is the party who is entering into a contract with you for the sake of executing a purchase transaction for the Merchant Offering. Therefore, you acknowledge that it is the Participating Merchant that is solely responsible to you for providing the Merchant Offering.
      2. A Participating Merchant may have its own terms and conditions applicable to the sale of the Merchant Offering. No provision of any such Participating Merchant terms and conditions shall amend or replace any provision of these Terms.
      3. In the event that a Participating Merchant cannot supply and/or provide the Merchant Offering for unforeseen reasons, you understand that it is the Participating Merchant’s sole responsibility and Cointandem shall not be held liable for any losses incurred by you in connection therewith.
      4. Cointandem shall assume no liability in the event that the agreement governing the terms and conditions between Cointandem and the Participating Merchant is terminated for any reason which affects in any way your use and/or access, whether existing or anticipated, to the Website and/or the Services and/or any Transaction.
      5. For avoidance of doubt, it is clarified that Cointandem is not related whatsoever to the offering of the Merchant Offering, and that the provision of the Services in connection with the purchase of a Merchant Offering does not constitute nor create the adoption of or recognition by Cointandem of the legitimacy or conformity of any such Merchant Offering to the User's needs or expectations.
      6. If the Participating Merchant has not properly provided you with the Merchant Offering, or if you have a complaint regarding the provision of the Merchant Offering, you must raise the matter with and/or take action against the Participating Merchant directly.
    18. We may charge commissions and other costs in respect of the Services provided to you (the "Fees"). We reserve the right to vary all Fees from time to time, and we will notify of any such changes. Your continued use of the Website and our Services will be deemed to constitute your acceptance of the changes to the Fees. It remains your responsibility to ensure that you are aware of the correct and current Fees and we advise you to check for updates on a regular basis.
    19. Any Fees and taxes due to in respect of the Services shall be deducted from your User Account balance and you shall have no claims toward us with regards to such deductions.
  8. . CANCELLATIONS AND REFUNDS
    1. For the avoidance of doubt, Cointandem does not offer any refund service. All payments processed as part of the Services (including for the Participating Merchants) will be final and irreversible, all subject to our Refund Policy, which can be viewed here: https://www.cointandem.com/refundpolicy
    2. You acknowledge that Cointandem is not responsible for the supply or provision of the goods and/or services offered by the Participating Merchant and that in the event of a cancellation request Cointandem will be unable to refund you any funds in fiat currency and/or Bitcoins. All Bitcoin purchases are final and there are no refunds or cancellations, except as otherwise provided in these Terms or as required by law. We do not have the ability to facilitate any cancellation or modification requests, and therefore all purchases done with Bitcoins are irreversible.
  9. . INTELLECTUAL PROPERTY
    1. The Website and the content contained therein including the Website design, drawings, diagrams, illustrations, photographs, pictures, text, graphics, etc. (the "Information") are protected by copyright. The Information is the property of Cointandem, or third parties that have allowed Cointandem to publish the copyrighted Information on the Website. You must not change, copy, publish, distribute, broadcast, present, photocopy, issue a license, produce derivative works, or sell any part of the Information contained in the Website without the explicit written consent of Cointandem provided in advance. You acknowledge the existing copyrights in the Information and undertake not to make any commercial use of the Information or change or alter the Information or any part thereof.
    2. The trademarks, service marks and logos of Cointandem and others used in the Website (the “Trademarks”) are the property of Cointandem and its respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on the Website and anything additional relating to the Services (the “Materials”) belong to Cointandem. The Trademarks and Materials 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 Trademarks and/or any Materials on any other website 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.
  10. . LINKS
    1. The Website may include links to internet websites that are not operated by Cointandem. These links are intended for the User's convenience only and Cointandem has no control over these internet websites and is not responsible for the content contained on these websites. The inclusion of links to other websites does not attest to Cointandem's support of the content of these websites nor any other connection to these websites or their operators. Cointandem is not responsible for the proper functioning of the links. Cointandem is entitled at its own discretion to remove any link from the Website and/or add additional links.
    2. The User may link to the Website’s home page, provided the User does so in a way that is fair and legal and does not damage Cointandem’s reputation or take advantage of it, but the User must not establish a link in such a way as to suggest any form of association, approval or endorsement on Cointandem’s part where none exists. The Website must not be framed on any other website, nor may the User create a link to any part of the Website other than the home page. Cointandem reserves the right to withdraw linking permission without notice. The Website from which the User is linking must comply in all respects with the content standards set out in these Terms.
  11. . USER CONDUCT
    1. You agree not to access or attempt to access the Website and/or Services and/or User Account by any means other than the interface provided by Cointandem or circumvent any access or use restrictions put into place by Cointandem to prevent certain uses of the Website and/or Services and/or User Account.
    2. You agree to use the Website and/or Services and/or User Account in good faith and in accordance with these Terms and not to use, or to encourage others or permit others to use, the Website and/or Services and/or User Account to:
      1. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      2. access or use the Website and/or Services in any manner that could damage, disable, overburden, or impair any of Cointandem's server or the networks connected to any Cointandem's server;
      3. intentionally or unintentionally interfere with or disrupt the Website and/or Services or violate any laws related to the access to or use of the Website and/or Services, violate any requirements, procedures, policies, or regulations of networks connected to the Website and/or Services, or engage in any activity prohibited by these Terms;
      4. disrupt or interfere with the security of, or otherwise cause harm to, the Website, the Services, User Account, passwords, servers, or networks connected to or accessible through the Website and/or Services and/or Use Account or any affiliated or linked sites;
      5. disrupt, interfere with, or inhibit any other user from using and enjoying the Website and/or Services or other affiliated or linked sites, platforms, or content;
      6. reproduce, sell, trade, resell or exploit for any commercial purpose, any, use of the Website and/or Services na/dor User Account, or access to the Website and/or use of the Services and/or User Account;
      7. defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
      8. engage in any other conduct which, in Cointandem's sole discretion, is considered inappropriate, unauthorized or objectionable;
      9. use any automated methods or tools to crawl, robot, scrape, spider or otherwise monitor or extract data from any part of the Website and/or Services and/or User Account without our express prior written permission (we may use robot exclusion headers within the Website and you agree to comply with any such headers);
      10. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any of the source code or underlying ideas or algorithms of any part of the Website and/or Services and/or User Account, except to the limited extent that applicable laws specifically prohibit such restrictions;
      11. post or send any unauthorized or unsolicited advertising, promotional materials, marketing email or spam;
      12. forge any TCP/IP packet header or any part of the header information in any email or posting, deceptive or false source-identifying information;
      13. mirror or frame any part of the Website and/or Services and/or User Account on any other website;
      14. use any meta-tags or other hidden text or metadata containing any Cointandem Trademark, Materials, URL or product name without our express prior written permission;
      15. use any Cointandem Trademark, Materials, URL, product name or logo in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, product or service; or use any other trademarks, service marks, trade dress, designs or logos that are confusingly similar to any Cointandem Trademark, Materials, product name or logo or to the look and feel of the Services and/or User Account; or
      16. assist or encourage any third party to do any of the above activities prohibited in this section or to otherwise violate any term of these Terms or Cointandem Privacy Policy.
    3. In addition, you agree to comply will all applicable laws, regulations, and ordinances as a condition of use of the Website and Services.
    4. In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your User Account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Website and/or Services and/or User Account. Your use of the Website and/or Services and/or User Account is subject to all applicable local, state, national and international laws and regulations. Further, you acknowledge that you are responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other devices, necessary to access the Website, and paying all charges related thereto.
    5. You agree not to use the Website and/or Services and/or User Account for any unlawful activity and Cointandem reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, Cointandem reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.
  12. . LIMITATION OF LIABILITY
    1. Cointandem is not responsible for any error, omission, interruption, deletion, defect, third party hacking operations, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of data or information and any direct or indirect loss that arises from these occurrences. Cointandem is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line, systems, servers, computer equipment, software failure of email on account of technical problems or traffic congestion on the internet or at any website. Cointandem shall not be responsible or liable to you in the event of systems or communications errors, bugs or viruses relating to the Website and/or the Services and/or the User Account and/or Transactions or which will result in damage to your hardware and/or software and/or data.
    2. In no event shall Cointandem be liable for any direct, indirect, incidental, special, punitive or consequential damages or damages for loss of profits, revenue, data or use incurred by you or any third party, whether in an action for contract, tort or any other legal theory, arising from the access to, or use of, the Website, the Services, the User Account, executing a Transaction or otherwise, regardless of whether the damages are foreseeable and whether you had been advised of the possibility of such damages.
    3. In any event, Cointandem shall have no liability with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing on the Website and/or Services, and you and anyone using the Website and/or Services are invited to verify the information published on the Website and/or Services.
    4. Digital/virtual currencies are not value guaranteed by any financial institution; when buying/making payments with digital/virtual currencies you assume all risk that the digital/virtual currencies may become worthless in value. You should research and consider all risks before buying, accepting and/or using any digital/virtual currencies. Cointandem makes absolutely no guarantee about the future value of digital/virtual currencies. Furthermore, digital/virtual currencies could be exposed to third-party hacking operations; Cointandem is not responsible and will not be held liable in any such case that the Website and/or Services and/or User Account are hacked by any third party and/or in the event Cointandem computers and/or servers are hacked by any third party, and as consequence: (i) any funds you may have are stolen or lost, and/or (ii) any of your data, including but not limited to, email, phone number, password, limited partial information about the virtual wallet and/or credit or debit card and any/or other sort of information is compromised.
    5. Cointandem shall not be responsible or hold any liability for any actions or omissions of internet service providers or any other third party that provides you with access to the Website and/or Services. You hereby undertake not to hold Cointandem liable for any of your actions or the actions of any third party acting on your behalf in relation to the User Account and/or the use of the Website and/or Services.
    6. You will use the Website, Services and User Account at your own risk, and Cointandem shall not be responsible for any damage or loss you shall incur as a result of modifications, enhancement, termination, suspension or discontinuation of the Website or any of the Services or User Account. Cointandem will not be responsible for any damage or loss you shall incur as a result of your use or reliance on the content of any website or application to which links appear on the Website and/or Services.
    7. It is hereby agreed that any claim and/or cause of action pertaining to the Website and/or Services and/or User Account and/or Transactions must be filed by you or any other third party within six (6) months from the event giving rise to such claim and/or cause of action.
    8. The website, services, user account, execution of transactions and/or any content used in connection therewith are provided "as is", and Cointandem makes no warranty or representation, whether express or implied (whether by law, statute, or otherwise) in respect of such, including but not limited to express and/or implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, completeness, accuracy, non infringement, suitability, reliability, availability, timeliness, accuracy and/or of applicable laws and regulation, or that the website, services, user account execution of transactions and/or content used in connection therewith will be uninterrupted, timely, secure or error-free, or that defects will be corrected, or will be free of viruses or bugs or as to results or the accuracy of any information through the website and/or services and or user account.
    9. In no event shall Cointandem’s aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of and/or inability to use the Website and/or Services and/or User Account and/or execution of Transactions at any time exceed the amount of $200 (two hundred US Dollars) during the 6 (six) months immediately preceding the date of any claim giving rise to such liability.
  13. . INDEMNIFICATION
    1. You agree to be fully, independently and personally liable for each Transaction made via our Website through your User Account, or by using any of our Services. As such, you must make sure that you are the only person with access to your User Account at all times. If you do not settle any Transaction performed through your Account, you shall be liable to us and must indemnify us in the amount necessary to cover the entire cost, whether indirect or direct, of the Transaction.
    2. You shall indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of or in connection with any breach of these Terms by you and/or anyone acting on your behalf, and any other liabilities arising out of: (a) your access and/or use of the Website and/or Services and/or User Account, or (b) a breach of any applicable laws or regulations, or (c) any unauthorized use of the Website and/or Services and/or User Account by you or any third party, and you shall be solely responsible for all losses, liabilities and damages incurred as a result of any illegal action performed by you and shall indemnify us for any such losses, damages and liabilities.
  14. . SUSPENSION, TERMINATION, CANCELLATION AND SURVIVAL
    1. If Cointandem suspends or closes the User Account or terminates your use of the Website and/or Services for any reason, Cointandem reserves the right to require your completion of the KYC procedures, before permitting you the transfer or withdrawal of funds in your virtual wallet and/or User Account.
    2. You may terminate your User Account at any time by withdrawing all balances and sending Cointandem a written notice. You will be required to pay any outstanding amounts owed to Cointandem. You hereby authorize Cointandem to cancel or suspend any pending Transactions at the time of cancellation.
    3. All provisions hereof which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall survive until it shall no longer be necessary for them to survive in order to achieve that purpose. Without derogating from the above, the provisions of Sections 6.6, 6.9, 7.3, 7.6, 7.8, 7.10, 7.11, 7.13, 8 (Cancellations and Refunds), 9 (Intellectual Property), 10 (Links), 11 (User conduct), 12 (Limitation of Liability), 13 (Indemnification), 14 (Suspension, Termination Cancellation and Survival) and 15 (Miscellaneous) will survive termination of these Terms. Termination shall not affect any legal rights or obligations which may already have arisen under these Terms at the date of termination.
  15. . MISCELLANEOUS
    1. These Terms and the relationship between you and Cointandem shall be governed by, construed and interpreted in accordance with, the laws of Estonia, excluding its conflict of law rules, and you hereby irrevocably submit to the exclusive jurisdiction of the competent courts of Tallinn with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms, the Website and/or Services and/or User Account.
    2. Cointandem may transfer or assign any and all of its rights and obligations hereunder to any third party; without derogating from the above, the Website and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of your rights or obligations under these Terms.
    3. Unless explicitly stated in these Terms, nothing herein shall: (i) be construed as creating any agency, arrangement, trust of fiduciary relationships or any similar relationship between you and Cointandem; (ii) create or confer any rights or benefits to any third party; and/or (iii) grant you any security interest in any asset of Cointandem.
    4. These Terms and any other terms and conditions referred to herein or incorporated by reference hereto, constitute the entire agreement between you and Cointandem with respect to the subject matter hereof and supersede any and all prior agreement between you and Cointandem in relation to the same. You hereby confirm that, in agreeing to accept these Terms, you do not rely on any representation for any express representation made by Cointandem.
    5. Cointandem may provide you with notices with respect to or in connection with these Terms via Email and/or through the Website and/or Services.
    6. No failure or delay on Cointandem’s part in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
    7. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
    8. These Terms have been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of these Terms of Use and the English language version, the meaning of the English language version shall prevail.
  16. Last Revised: May 06, 2020