Telcoin is a financial service that provides digital currency assets and instant transfers using blockchain technology and mobile money infrastructure via a website and mobile application as well as associated services, products and information (collectively “Services”).
These Terms govern your access to and use of the Services including, without limitation, any content, functionality, and services offered on or through the website or the mobile application.
Please read these Terms carefully before you access or use the Services. By accessing or using the Services, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, you must not access or use the Services.
The Services are offered and available to users who:
- Are at least 18 years old or of other legal age according to your relevant jurisdiction, and have legal capacity to form a binding legal contract in the relevant jurisdiction;
- Have sufficient experience, knowledge, and understanding of the Services and their principles and fully understand the associated risks;
- Are using the Services for personal benefit and not on behalf of others;
- Guarantee that any assets (which, in certain jurisdictions, may include certain digital currency assets) that are transferred to or used in connection with the Services are not sold, encumbered, not in contention, or under seizure, nor do any third parties have a claim or right to the assets.
- Will not use the Services for any illegal or Unauthorized Purpose (hereinafter defined);
- Are not subject to a governmental regulatory order relating to their use of the Service or the tokens connected thereto
- Is a resident, and will remain a resident, of a jurisdiction where the Services are permitted or where Telcoin has explicitly authorized use of the Services; and
- Have not previously been suspended or removed from the Services.
By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements as well as the other requirements stated in the Terms. If you do not meet all of these requirements, you must not access or use the Services. User further agrees that in the event that they violate the requirements contained in the Terms, Telcoin has the unilateral right to protect itself from damage caused, or which may be caused, by you by, among other remedies, banning you from the Services, freezing and/or closing your account, or seizing the tokens that you are storing through the Services. The aforementioned remedies are not exhaustive and Telcoin reserve the rights to seek and utilize other remedies that are appropriate given the circumstance surrounding your violation of the Terms.
II. THE SERVICES
The Services assist users in sending money to family and friends. Telcoin may obligate you to open a Telcoin account (“Account”) in order to use the Services. Please see User Account for more information.
The Services are not intended for commercial transactions (such as the purchase of goods or commission of services) or for sending funds to unknown persons or organizations. It is a breach of these Terms to use the Services to send money to a recipient who is in violation of these Terms. You may not commence or receive a transaction on behalf of a third party unless you have received prior written consent from Telcoin to do so.
Depending on your jurisdiction, the following transactions (each, a “Transaction”) may be available to you:
- A remittance of monetary assets to your Account;
- A remittance of monetary assets from your Account to the Wallet (hereinafter defined) of a third party (“remittance”);
- A remittance of monetary assets from your Account to external third-party services, including financial institutions;
- An exchange of monetary assets from your Account into other forms of digital currency assets; and
- Other transactions as may be defined from time to time.
If you live in a jurisdiction which Telcoin approves the sending of remittances, you may send money to another person in a jurisdiction which Telcoin approves the receiving of remittances, subject to his or her approval. If no action is taken by the recipient within five (5) days, the remittance will automatically be declined and refunded to your Account, minus any applicable fees. Please note that certain remittance types will be automatically and immediately accepted without any action by the recipient.
If you are the recipient, the funds will be transferred to you by the means approved for your jurisdiction and may include options to utilize third party services.
Telcoin will disclose the following prepayment disclosures for remittances in jurisdictions that require such disclosure in substantially the same content as follows:
The following information must be disclosed using substantially similar terms:21
- Transfer amount: The amount that will be transferred to the recipient disclosed in the currency used to fund the remittance transfer.
- Transfer fees and transfer taxes: Any fees and taxes imposed on the remittance transfer by the Telcoin and disclosed in the currency used to fund the remittance transfer.
- Total: The total amount of the transaction disclosed in the currency used to fund the remittance transfer.
- Exchange rate: The rate used by the Telcoin for the transfer.
- Other fees and other taxes: Any covered third-party fees imposed on the remittance transfer by a person other than the Telcoin.
- Total to recipient: The amount the designated recipient will receive, disclosed in the currency in which the funds will be received by the designated recipient and based on the exchange rate listed in the prepayment disclosure prior to any rounding.
- A Statement that noncovered third-party fees or taxes may apply to the remittance transfer and result in the designated recipient receiving less than the amount disclosed
Post Remittance Receipts:
Telcoin will provide you with a receipt for the remittance (generally when payment is made)
- The date on which funds will be available to the designated recipient in the foreign country.
- The name and, if provided, the telephone number and/or address of the designated recipient.
- The statement about the sender’s rights to resolve errors and cancel the transaction.
- The name, phone number, and website of the remittance transfer provider.
- A statement that the sender can contact the jurisdiction’s applicable regulator for questions or complaints.
Payment Methods for Remittances:
Payment methods and the means of receipt for the recipient depend on those methods approved for the recipient’s jurisdiction. Different jurisdictions will also have different limits for sending and receiving funds, as well as different fees for transactions. You will be required to provide certain information prior to sending each remittance.
For more information on the above, please check the mobile application or our website at https://www.telco.in/.
III. TELCOIN’S FEES
You agree to pay fees for the Services, as may be displayed from time to time on the website, Telcoin mobile application, and other notices provided by Telcoin. Fees are subject to change at Telcoin’s sole and absolute discretion and may vary by jurisdiction, transaction type, and user. Telcoin may, from time to time, introduce promotional fee rates that are limited in time and scope.
Fees will normally be charged directly to you at the time that you commence certain Transactions but at certain times chargebacks may be warranted. All fees and charges incurred, whether directly or indirectly, by sending a remittance are the responsibility of the sender. All fees and charges incurred, whether directly or indirectly, by receiving a remittance are the responsibility of the recipient.
Telcoin is not responsible for any fees incurred when using third-party services unaffiliated with Telcoin. You are solely responsible for your use of such third-party services, and you agree to comply with all terms and conditions applicable to any third-party service.
If you commence a transaction that results in Telcoin becoming liable for charges or fees, you agree that Telcoin, at its sole discretion, may obtain reimbursement from you for such charges or fees, and/or deduct such fees from your account.
IV. USER ACCOUNT
In order to use the Services, you may be obligated to create an Account. Your Account is the user account accessible by you after the registration process and via the Services, which is connected to a Wallet. The Services accessible by your Account will depend on your jurisdiction.
Applicable laws and regulations require all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. When creating an Account and commencing transactions, you may be subject to “know your customer” (“KYC”) and anti-money laundering (“AML”) procedures to verify your identity and ensure your compliance with AML requirements. Until these procedures are completed, no transactions may commence. Telcoin may require additional procedures from time to time, as required by applicable law, or if more services become available to your jurisdiction or you as a user.
You agree to provide us with the information we request for the purposes of identity verification and so that we can fulfill our obligations to detect illegal activity such as money laundering, terrorist financing, and fraud. You also agree to permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services. Your access to our Services may be limited, altered, or refused as a result of information collected about you during the initial onboarding procedures and on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government issued identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other required information, you confirm that the information is true and accurate and complete. You agree to promptly update your identity information upon any changes. You authorize us and our third-party service
providers to make inquiries that we consider necessary to verify your identity
or to protect you and/or us against fraud or other financial crime, and to take
all action we deem necessary as a result of such inquiries. You acknowledge and agree that your personal information may be disclosed to check credit references and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. Please note any identity check is not intended to have an adverse effect on your credit rating. These inquiries may include, but are not limited to, authorizing your wireless operator to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers and other subscriber status details, if available, to allow verification of your identity and to compare information you have provided with your wireless operator account profile information for the duration of the business relationship, as well as enable the Services to be provided to you through your mobile device. Telcoin shall not be liable for any loss suffered as a result of such inquiries. Additionally, we may require you to wait some amount of time before permitting you to use certain Services.
If suspicious activity is detected from your Account, Telcoin may conduct further AML/KYC procedures and may request further information from you. You are obligated to cooperate with these procedures and must provide accurate and truthful information as requested. Telcoin reserves the right to demand information and credentials in order to verify the ownership or source of funds that are remitted to a user’s Account.
Telcoin reserves the right to refuse any of the Services, block or suspend accounts, blacklist users or take other action to protect itself and/or its services and or otherwise as required by applicable law or regulation, in whole or in part, to anyone including, without limitation, users who fail KYC/AML procedures, e.g. those relating to user identity verification, account security, and evidence regarding fund sourcing.
Users accessing the Site or using the Services are responsible for compliance with all applicable local laws, whether or not the Site offers tools to facilitate such compliance. You acknowledge and agree that Telcoin may respond to and comply with governmental order and subpoenas related to your use of the Services.
V. SUPPORTED DIGITAL ASSETS
The Telcoin Service is intended solely for proper use of supported digital assets as designated on the Telcoin Service which may be the mobile app. Under no circumstances should you attempt to use the Service to send, request, or receive any assets other than supported digital assets. Telcoin assumes no responsibility in connection with any attempt to use your Digital Asset Wallet with digital assets that we do not support. You acknowledge and agree that Telcoin is not liable for any unsupported digital asset that is sent to a wallet associated with your Telcoin Account.
Telcoin may in its sole discretion terminate support for any digital asset using the Services. If you do not sell or send such digital asset away from the Services before Telcoin terminates its support for such digital asset, then the digital asset may no longer be readily accessible through the Services. Nonetheless, the digital asset remains on the blockchain and should be accessible using your (and possibly a trusted third party) key. If you have any questions about our current list of supported digital assets, please contact email@example.com.
VI. YOUR COMMUNICATIONS
By using the Service, you consent to any form of recording and retention of any communication, information and data exchanged between you and Telcoin or its representatives or agents.
All communications made at or through the forums are public. Reliance on any Third Party Content available on or through the forums is at your own risk. When discussing a particular company, stock or security in the Forums, you agree to reveal any ownership interest in such company, stock or security. Without limitation, you agree not to do any of the following:
- upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including, but not limited to, any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- use virtual telephone numbers or other identifying numbers.
- use a VPN to access the Telcoin services.
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, (i) a Telcoin or Third-Party manager, employee, agent, or representative or (ii) forum leader, guide or host;
- falsely state or otherwise misrepresent your affiliation with any person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material;
- upload, post or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
- upload, post, or transmit unsolicited commercial email or “SPAM,” including, but not limited to, unethical marketing, advertising, or any other practice that is in any way connected with SPAM, such as: (1) sending mass email to recipients who haven't requested email from you or with a fake return address; (2) promoting a site with inappropriate links, titles, or
descriptions; or (3) promoting any site by posting multiple submissions in forums that are identical;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;
- “stalk” or otherwise harass another;
- collect or store personal data about other users of the Service;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty;
- promote, offer for sale or sell any security or item, good or service that i) violates any applicable country, Federal, state, or local law or regulation, ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or iii) Telcoin determines, in its sole discretion, is inappropriate for sale;
- use the Forums as a forwarding service to another website; or
- access or otherwise use the Forums in any unlawful manner, for any unlawful purpose or in violation of these Terms and Conditions.
VII. MONITORING AND ENFORCEMENT; TERMINATION
In the event that you breach these Terms, or as Telcoin may deem necessary, Telcoin may, in its sole discretion, with or without prior notice:
- Suspend your access to the Services, in whole or in part;
- Prevent you from completing any transactions via the Services; and
- Terminate your access to the Services, delete or deactivate your Account and all related information and files in such Account.
In the event that any of the above has occurred, you agree and acknowledge that Telcoin shall not be liable for any claims or damages due to such stoppage or termination, including those relating to any changes in
prevailing market rates following such events.
In the event of termination, Telcoin will terminate the connection from your Account to your Wallet, and you will retain full control of your Wallet and its contents. You will remain liable for all obligations related to your Account even after the Account has been closed. You will not be able to close your Account if your account is subject to an ongoing investigation, dispute, or claim or is subject to a hold, reserve, or other risk control measures.
Notwithstanding the foregoing, Telcoin may, at any time, in its sole discretion and with no liability to you, refuse to perform any Transaction requested, impose limits on the Transaction amount permitted via the Services, or impose any other conditions or restrictions upon your use of the Services without prior notice. In order to comply with Telcoin’s obligations under relevant laws, Telcoin reserves the right to ask for further information or evidence relating to the purpose of the Transaction. Telcoin further reserves the right to, with or without prior notice, modify or discontinue, temporarily or permanently, any portion of the Services.
VIII. TRANSACTIONS AND THEIR RISKS
Not Legal Tender: Digital assets, also referred to as cryptocurrency, are a digital representation of value that function as a medium of exchange, a unit of account, or a store of value. Cryptocurrencies are not legal tender, are not backed by the government or a central bank and generally have no underlying assets, revenue stream, or other source of value tied to fiat currency or other assets. Their value is derived from market dynamics and has historically been more volatile relative to fiat currency and other assets. The unpredictability of the price of digital assets relative to fiat currency may result in significant loss over a short period of time. The value of digital assets may be derived from the continued willingness of market participants to exchange fiat currency for digital assets, which may result in the potential for permanent and total loss of value of a particular digital assets should the market for that digital assets disappear. In certain cases, it may be difficult or impossible to liquidate a position quickly at a reasonable price due to various market factors, including illiquidity or actions by trading facilities.
Regulatory Changes: Legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, exchange, and value of cryptocurrencies. Several agencies have also published advisory documents surrounding the risks of virtual currency. See for example, the CFPB’s Consumer Advisory, the CFTC’s Customer Advisory, the SEC’s Investor Alerts and FINRA’s Investor Alerts.
Taxes: Transactions or operations in digital assets including but not limited to exchanges, air-drops, forks, and gains arising from staking, may be considered tax events according to the legislations law under which you are subject to taxation. These rules may be unclear or subject to change, and you are therefore encouraged to consult your own tax or accounting adviser before engaging into digital asset activities.
Technology. Users understand that some of the technology supported or made available through the Telcoin products and services may be new, untested and not provided by Telcoin and therefore outside of Telcoin’s control. Advances in cryptography, or other technical advances such as the development of quantum computers, could present risks to blockchain networks which could result in the theft or loss of digital assets. Other adverse changes in market forces or in the technology, broadly construed, may prevent or compromise Telcoin’s performance under these Terms.
Cybersecurity. Hackers or other groups or organizations may attempt to interfere with Telcoin’s products and information systems in several ways, including without limitation denial of service attacks, side-channel attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.
Underlying blockchain protocols. All transactions created through the Services are confirmed and recorded on blockchain networks, some of which may be networks that are decentralized peer-to-peer networks run by independent third parties, which Telcoin does not own, control or operate. We have no control over almost all blockchain networks and, therefore, cannot and do not ensure that the transactions you broadcast on the services will be confirmed and processed. You acknowledge that we do not store, send, or receive digital assets on your behalf and you agree that the transactions you configure through the Services may fail, or may be substantially delayed by the underlying blockchain networks. On occasions, the blockchain protocol of a given digital asset may change, which may have consequences on its key characteristics including but not limited to their availability, name, security, valuation value or the way it operates. Forks entail that forked digital assets may be misdirected or replicated. In any such events, Telcoin may decide, at its discretion, to suspend support of the impacted digital asset for as long as Telcoin deems necessary. When it so decides, Telcoin will endeavor to give you advance notice, but may not be able to. You should keep yourself apprised of such events and make all necessary arrangements.
Keep your credentials safe. When you set your Telcoin wallet up, you must: (a) create and remember a strong PIN that you do not use for any other service; (b) protect and keep your PIN secure and confidential; (c) protect access to your Telcoin wallet.
Effect of Public Ledger: Some digital assets transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction. Digital asset ownership is often determined by a decentralized public ledger that associates an amount of digital assets with a unique address defined by a public cryptographic key. A private cryptographic key is required to transfer digital assets from one address to another. Anyone with access to the private key associated with the address can transfer the associated digital assets.
Difficulty in Reversing an Action: Digital asset transfers generally cannot be cancelled or reversed and the identity of the holder of the private key associated with any address can be difficult, if not impossible, to ascertain. The nature of digital assets may lead to an increased risk of fraud or cyber attack. If you are using digital assets held on the Telcoin platform to purchase goods or services, we have no visibility into the sellers and cannot control delivery, quality, safety, or legality. Losses due to fraudulent or accidental transactions may not be recoverable. If you have a dispute with sellers or buyers, you agree to deal directly with them and hold Telcoin blameless in all disputes. The nature of digital assets means that any technological difficulties experienced by Telcoin may prevent the access or use of a user’s digital assets. Failed transactions due to any technical issue, extreme network conditions, or any other cause attributable to a third party will not be automatically rolled back to your originating address. In such cases, you are required to contact Telcoin at firstname.lastname@example.org to request a refund, which
Telcoin Discretion: Telcoin may accept or deny in its sole and absolute discretion to the fullest extent permitted by law. Users must exercise due care and diligence when communicating with persons claiming to be a Telcoin representative. Telcoin assumes no liability for any communications outside of Telcoin’s official communication channels. Telcoin reserves the right, in its sole discretion, to control any action or proceeding to which Telcoin is a participant and determine how Telcoin wishes to proceed. If Telcoin is notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if Telcoin otherwise believes Telcoin is required to do so in order to comply with applicable law or regulatory requirements, Telcoin may be required to take certain actions, including holding payments to/from your Account, placing a reserve or limitation on your Account, or releasing your funds. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions connected to your password, including third-party services. You must notify Telcoin immediately upon becoming aware of any breach of security or unauthorized use of your Account.
Insufficient Funds: Upon execution of a Transaction request, it will be in process for completion unless you have insufficient funds in your Account, insufficient information has been provided for the Transaction, or it has been rejected by Telcoin pursuant to these Terms.
Transact with those you know: It is your responsibility to transact with people you know and trust. Do not use Telcoin to transact with those you do not know. Telcoin, in most cases, will be unable to reverse a Transaction. In the event of a mistaken Transaction, Telcoin may, in its sole discretion, assist you in return of your assets, but Telcoin cannot guarantee the recovery of monetary assets to your Account. Telcoin accepts no liability for any losses or damages incurred by you or any third-party resulting from any non-payment or delay in payment of a money transfer to a recipient or failure to perform a transaction under the Services.
Exchange Rates: When you pay for a Transaction in one currency (whether in fiat or digital currency, as applicable) and the recipient pays in another currency (including mobile money or point currencies), the exchange rates available to you via the Services may differ from those rates being offered from other institutions. These exchange rates shall not be considered investment or financial advice and cannot be used as a basis of investment strategy, legal position in the court, and nothing in the rates information can be ensured to contain no errors or misrepresentations.
Risk Warnings Prescribed by the UK’s Financial Conduct Authority:
'Don't invest unless you're prepared to lose all the money you invest. This is a high-risk investment and you should not expect to be protected if something goes wrong.
Take 2 mins to learn the below key risks:
1.You could lose all the money you invest
• The performance of most cryptoassets can be highly volatile, with their value dropping as quickly as it can rise. You should be prepared to lose all the money you invest in cryptoassets.
• The cryptoasset market is largely unregulated. There is a risk of losing money or any cryptoassets you purchase due to risks such as cyber-attacks, financial crime and firm failure.
2.You should not expect to be protected if something goes wrong
• The Financial Services Compensation Scheme (FSCS) doesn’t protect this type of investment because it’s not a ‘specified investment’ under the UK regulatory regime – in other words, this type of investment isn’t recognised as the sort of investment that the FSCS can protect. Learn more by using the FSCS investment protection checker here. [https://www.fscs.org.uk/check/investment-protection-checker/]
• Protection from the Financial Ombudsman Service (FOS) does not cover poor investment performance. If you have a complaint against an FCA-regulated firm, FOS may be able to consider it. Learn more about FOS protection here. [https://www.financial-ombudsman.org.uk/consumers]
3.You may not be able to sell your investment when you want to
• There is no guarantee that investments in cryptoassets can be easily sold at any given time. The ability to sell a cryptoasset depends on various factors, including the supply and demand in the market at that time.
• Operational failings such as technology outages, cyber-attacks and comingling of funds could cause unwanted delay and you may be unable to sell your cryptoassets at the time you want.
4.Cryptoasset investments can be complex
• Investments in cryptoassets can be complex, making it difficult to understand the risks associated with the investment.
• You should do your own research before investing. If something sounds too good to be true, it probably is.
5.Don’t put all your eggs in one basket
• Putting all your money into a single type of investment is risky. Spreading your money across different investments makes you less dependent on any one to do well.
• A good rule of thumb is not to invest more than 10% of your money in high-risk investments. [https://www.fca.org.uk/investsmart/5-questions-ask-you-invest]
If you are interested in learning more about how to protect yourself, visit the FCA’s website here. [https://www.fca.org.uk/investsmart]
For further information about cryptoassets, visit the FCA’s website here. [https://www.fca.org.uk/investsmart/crypto-basics]
There may be additional risks that we have not foreseen or identified in these Terms. Before you use the Services, you are strongly encouraged to carefully assess whether your financial situation and risk tolerance is compatible with such use. For the avoidance of doubt, and without limitation of the generality of the Limitation of Liability under these Terms, you hereby agree that Telcoin, and its affiliates and their employees, officers, directors and agents shall have no liability for any loss that incurs as a consequence of the risks highlighted in this section and/or your failure to follow the recommendations herein.
IX. THIRD PARTY SERVICES
In order to provide the Services, Telcoin may use the services of third parties to:
• Process, store, and safeguard information, as applicable;
• Conduct transfers of fiat or digital currency;
• Collect payment; or
• Perform any other tasks as may be requested by Telcoin from time to time.
By continuing to use the Services, you agree and acknowledge that we may use a third party to carry out the Services and that we may rely on their licenses to conduct the specific service for you including, without limitation, licenses related to money transmission. You further agree that we will not be responsible for any failures of the third party to adequately provide the service and/or protect your information in such third party’s possession, and you agree to hold Telcoin harmless for any failures of such third party.
You agree that your provision of your information to such third party is subject to the terms and conditions, agreements, policies and rules (collectively “terms and conditions”) of such third party which are subject to change by such third party. As of the third party’s terms and conditions of service and by providing your information, you agree to such third party’s terms and conditions of service including, without limitation, as follows:
When using the above-mentioned third party services, you agree to be bound by their terms and conditions. Telcoin may provide services through third parties with or without notice. You acknowledge that we may change the third party servicers and move your information to Telcoin or its delegated third party service provider. In such instances, you agree to abide by any additional terms and conditions of such third parties. Telcoin shall use commercially reasonable efforts to notify you of such use of third party services and disclose, or have disclosed to you, their terms and conditions.
X. RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Telcoin, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Telcoin. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
XI. LINKS ON THE WEBSITE OR MOBILE APPLICATION
If the website or mobile application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Telcoin has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website or mobile application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
XII. INTELLECTUAL PROPERTY; LIMITED LICENSE
License: Limited License. Telcoin grants you a limited, nonexclusive, nontransferable license, subject to these Terms, to access and use the Services solely for approved purposes as permitted contingent upon your compliance with all terms including, without limitation payment of consideration. The license may be modified or terminated by Telcoin at any time with or without notice. There are no implied licenses. Any other use of the Services is expressly prohibited and all other right, title, and interest in the Services is exclusively the property of Telcoin (and its licensors if any). You agree you will not copy, transmit, distribute, sell, license, reverse engineer, delete or modify, interfere with, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Services, in whole or in part. There are no implied licenses.
Feedback: Telcoin owns exclusive rights, including all intellectual property rights, to any feedback, suggestion, idea, invention or other information or material regarding Telcoin or the Services that you provide, whether by email, posting through the Services or social media, or otherwise (“Feedback”). Telcoin is entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to Feedback, and assign all rights you may have in the Feedback to Telcoin. You authorize Telcoin as your attorney-in-fact to prosecute any intellectual property applications to protect Telcoin’s rights in such Feedback. All comments, requests for technical support and other communications relating to the Services and Feedback should be directed to: email@example.com.
Trademarks: The following are trademarks and service marks of Telcoin and may not be used or reproduced without prior written authorization of Telcoin LLC.
B. Telcoin logo
C. Send Money Smarter
The above marks are solely owned by Telcoin and regardless of registration, all rights are reserved. Telcoin makes no claim of ownership to any marks of third parties used within the Services. You acknowledge that Telcoin is the sole owner of the above-mentioned trademarks. You agree that you will not use any trademarks for any purpose without the prior express written consent of the respective owners.
Copyright: Content is provided exclusively for personal and noncommercial access and use. No part of the Service or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Telcoin’s express prior written consent.
XIII. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION, AND YOUR ASSOCIATION WITH TELCOIN IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION OR YOUR SUBSCRIPTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TELCOIN NOR ANY PERSON ASSOCIATED WITH TELCOIN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, ITS CONTENT AND ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER TELCOIN NOR ANYONE ASSOCIATED WITH TELCOIN REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT AND ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TELCOIN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WITH RESPECT TO THE SERVICES, ITS CONTENT, AND ANY SERVICES OR INFORMATION OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT THE PRODUCTS AND SERVICES USED OR PURCHASED THROUGH THE WEBSITE OR MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH EVENT, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS.
WITHOUT LIMITING THE FOREGOING, TELCOIN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR CELL PHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT. MOREOVER, TELCOIN CANNOT GUARANTEE OR WARRANT THE SAFETY AND ACCURACY OF THE SERVICES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
YOU ACKNOWLEDGE AND AGREE THAT: (i) TELCOIN DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) TELCOIN MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) TELCOIN SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to indemnify, defend and hold Telcoin and its Affiliates, partners, officers, directors, agents, contractors, service providers, subcontractors, suppliers, interns and employees, harmless from any liabilities, costs, fees (including without limitation attorneys’ fees), claims, demands, and damages, whether direct, indirect, consequential or special, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, loss of data or loss of assets, whether based in contract, tort, strict liability or otherwise, originating from or in any way relating to (a) your violation of these Terms, (b) your use of the Services, including, but not limited to, your transactions, use of the website or mobile application, and personal errors and misbehavior, (c) risks associated with exchange rates, remittance systems, and the blockchain network, or (d) software failures, protocol changes by third-party providers, internet outages, Force Majeure events or other disasters outside Telcoin’s control.
XV. COMPLAINTS HANDLING, ARBITRATION AND GOVERNING LAW;
- Complaints Handling: Telcoin maintains a support team that is available to its Users to communicate their complaints. Telcoin will handle complaints in accordance with its complaints handling policy and procedure as well as applicable law. Prior to filing any legal action or arbitration, you agree to attempt to resolve your complaint with Telcoin pursuant to the Complaints Handling Procedure and applicable law. In the event that you and Telcoin do not resolve the complaint as stated, then the complaint and any directly related dispute, claim or controversy arising out of or relating to the complaint including, without limitation, the Services and these Terms or the breach, enforcement, interpretation or validity thereof, or the determination of the scope and applicability of the agreement to arbitrate, shall be determined by arbitration as stated below in subsection 2 of this clause XV.
A. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Telcoin agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services or of the Telcoin Site, any Communications you receive, any products sold or distributed through the Telcoin Site, the Services, or the User Agreement and prior versions of the User Agreement, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Telcoin may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Telcoin may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the User Agreement as well as claims that may arise after the termination of this User Agreement.
B. Waiver of Jury Trial. YOU AND TELCOIN HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Telcoin are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
C. Waiver of Class and Other Non-Individualized Relief. YOU AND TELCOIN AGREE THAT, EXCEPT AS SPECIFIED IN CLAUSE 8 OF THIS SECTION, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under clause (h) of this section entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Telcoin agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Telcoin from participating in a class-wide settlement of claims.
D. Rules and Forum. The User Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Formal Complaint Process described above does not resolve satisfactorily within forty-five (45) business days after receipt of your complaint form, you and Telcoin agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). If you initiate the arbitration, you must provide Telcoin a copy of your Request by email at arbitration@Telcoin.com or through Telcoin’s registered agent for service of process. The Request must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration, and the email addresses associated with the applicable Telcoin Account(s); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought, including an accurate, good faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Formal Complaint Process as described above (if you are the party making the Request); and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and Telcoin otherwise agree, or the Batch Arbitration process discussed in subsection 1.8 is triggered, the arbitration will be conducted in the county where you reside. Disputes involving claims, counterclaims, or requests for relief under $25,000, not inclusive of attorneys’ fees and interest, will be conducted solely on the basis of documents you and Telcoin submit to the arbitrator. If your claim exceeds $25,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. In any case, you and Telcoin agree that we will not request more than three depositions per side in each arbitration or Batch Arbitration proceeding. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules.
You and Telcoin agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
E. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) business days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under clause (h) of this section is triggered, the AAA will appoint the arbitrator for each batch.
F. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the Section entitled “Waiver of Class and Other Non Individualized Relief,” including any claim that all or part of the Section entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such Section entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. In any award of damages, the arbitrator shall abide by the “Limitation of Liability” section of this User Agreement.
G. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Telcoin need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Formal Complaint Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
H. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Telcoin agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Telcoin by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Telcoin.
You and Telcoin agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE
DISPUTES, AND YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL AND PARTICIPATION IN A CLASS ACTION.
XVI. WAIVER AND SEVERABILITY
No waiver of by Telcoin of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Telcoin to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
XVII. RELATIONSHIP OF THE PARTIES; NO PROFESSIONAL ADVICE
Telcoin is an independent contractor for all purposes. Nothing in this Agreement shall deem or cause you and Telcoin to be treated as partners, joint venturers, or otherwise as joint associates for profit.
Telcoin does not provide financial, legal, tax or investment advice or recommendations and you represent that you are not and will not rely on any statement by Telcoin as such. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.
Further, you understand and acknowledge that Telcoin does not provide tax, legal or other advice (professional or otherwise) and that Telcoin. You should consult your legal or tax professional regarding your specific situation.
You acknowledge that it is your sole responsibility to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. You certify you are not subject to backup withholding of tax to any governmental authority. Telcoin may be required to report certain transactions to relevant governmental authorities including, without limitation, transactions over a certain value or transactions that raise suspicions of illegal activity. Telcoin may also undertake to disclose additional information about its services to relevant authorities if and when appropriate to do so, as Telcoin determines in its sole discretion.
XVIII. ASSIGNMENT; NO THIRD PARTY BENEFICIARIES
You may not assign these Terms without our prior written consent. Any such assignment in violation of this prohibition is null and void. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. In the event that Telcoin is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign this Agreement and any information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Telcoin may conduct Promotions. Telcoin reserves the right to establish qualifying user criteria to participate in Promotions and offers in our sole and absolute discretion. Telcoin shall have no obligation to make promotions and special offers available to all users and may amend user qualification standards and revoke promotions and offers at any time without notice.
XX. STAKE AND REFER PROGRAM
There are many requirements and risks associated with Telcoin’s stake and refer program. Some details concerning the Telcoin Stake and Refer program are located at https://telco.in/newsroom/2022-12-19/tel-staking-is-now-live-in-the-telcoin-app.
Without limiting the above, below are additional risks and requirements related to the stake and refer program:
Telcoin can terminate or modify the Stake and Refer system and the amount, type or extent to which any referral fees are paid in its sole and absolute discretion at any time with or without notice. The staking and referral service and system, like all other services and systems provided by Telcoin are “as is” and “where is” without any warranty of any kind.
Stakers shall ensure that assets and sources of the assets they hold in Telcoin wallets are legal and compliant and undertake to observe related laws and regulations. Telcoin has the right, without limitation, to take necessary steps in accordance with these Terms or applicable law, including, without limitation, freezing assets in the wallet or deducting the assets awarded to users who violate the rules or law.
Persons and entities referred by a staker must pass Telcoin onboarding requirements to successfully establish a Telcoin account including, without limitation, being successfully verified through Telcoin KYC procedures. The referred person or entity may not be approved by Telcoin.
When a staker shares their referral link they are sharing information about themselves, some of which they may consider private. For example, when a staker shares their referral link and other users integrate the staker’s code into their app, the users the staker successfully refers to the app can review blockchain transaction data after they make trades and infer which address is the staker’s address.
There is no guarantee that a revenue share will continue for any specific length of time.
Stakers will not receive referral rewards from referrals of those referred by user. In other words, there are no pyramid or multi-level referral fees paid.
If a staker no longer uses the Telcoin system, e.g. is blocked/blacklisted, then the staker can't participate in the stake and refer program, thus the staker will no longer receive rewards from the referred user’s transactions. There is no retroactive application of the program or referral rewards.
Referrer may have their Telcoin access terminated prior to any referral fees being paid.
There could be bugs or errors in the staking contracts or Telcoin systems. There is no guarantee that the staker will receive referral fees or that the anticipated referral fee will be paid.
Referral fees could create a taxable event for the staker. Telcoin provides no legal, accounting, tax or other advice. You are encouraged to obtain independent professional advice for jurisdictions that pertain to you.
You must actively participate in the Telcoin platform to be awarded any referral fees.
XXI. NOTICES AND REPORTING; E-SIGN DISCLOSURE AND CONSENT
We may provide any notice to you under these Terms or otherwise, by posting on the Telcoin website or sending a message to you through email or other communication service or by posting to the mobile application. Notices sent by email will be effective when we send the email and notices we provided by posting will be effective upon posting. It is your responsibility to keep your email and other contact information up to date. The venue and method of communication are in Telcoin’s sole discretion.
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Telcoin Account(s) and your use of Telcoin Services. Communications may include:
- Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
- Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
- Responses to claims or customer support inquiries filed in connection with your Account.
We will provide these Communications to you by posting them on the Telcoin Site, emailing them to you at the primary email address listed in your Telcoin profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
- A device with an Internet connection;
- A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
- A valid email address (your primary email address on file with Telcoin); and
- Sufficient storage space to save past Communications or an installed printer to print them.
How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us at firstname.lastname@example.org. If you fail to provide or if you withdraw your consent to receive Communications electronically, Telcoin reserves the right to immediately close your Account or charge you additional fees for paper copies.
Updating your Information
It is your responsibility to provide us with a true, accurate and complete e mail address and your contact information, and to keep such information up to date. You understand and agree that if Telcoin sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Telcoin will be deemed to have provided the Communication to you. You may update your information by contacting us at email@example.com.
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in and meaning of the original English.
XXIII. DOCUMENTS INCORPORATED BY REFERENCE
The following documents are incorporated by reference into
- Other policies and notices found at https://www.telco.in/legal
Any other agreement signed by you and an authorized officer of Telcoin LLC or the Telcoin Entity applicable to your jurisdiction of residence.
XXIV. DISCLOSURES RELATED TO TELCOIN WEBSITE AND SERVICES
The information on this website and Services are not an offer to sell or to buy, any digital asset or security in any jurisdiction in which such offer and sale is not permitted. No Telcoin entity is a lender, loan broker, or loan arranger, nor is it offering anyone advice or assistance in obtaining a loan. The information on the website and through the Services do not constitute legal, tax or other advice of any sort and you should obtain independent professional advice prior to taking any action in accordance with any information provided on or through this website.
Online transmission and trading have inherent risk due to system response, execution price, speed, liquidity, market data and access times that may vary due to market conditions, system performance, market volatility, size and type of transaction and other factors. You should conduct your own independent research and review of your personal circumstances, desired outcomes and risk tolerance prior to entering into any arrangement through or with Telcoin or based upon the information provided on the website or through the Services.
All transactions using the Services are self-directed by customers. You should not act or refrain from acting on the basis of any content included on the website or through the Service without seeking legal, tax or other professional advice. All investment involves risk and the past performance of a security, digital asset or other financial product does not guarantee future results or returns. The availability of a security, digital asset or other financial product does not imply a recommendation or solicitation to buy or sell. There is always the potential of losing money when you transmit or transact in digital assets or other financial products.
Third party information provided for product features, communications, and communications emanating from social media communities, market prices, news, tools, symbols, data and other content available on or through the website or Service are meant for informational purposes only and are not intended as an offer or solicitation for the purchase or sale of any security, financial instrument or digital asset, or to engage in any particular investment strategy, or as an official confirmation of any transaction. All information on the website or through the Service are provided without any representation and without any warranty of any kind, either express or implied, including but not limited to, accuracy, relevance, completeness, suitability for a particular purpose or non-infringement.
The website and Service may contain links to other websites or Services are for your convenience only and are not an endorsement or recommendation of those websites or services. We are not responsible for the privacy practices or the content or accuracy of such websites or other services, and we do not endorse such websites or other services. Any use thereof is solely at the user's risk.
XXV. CHANGES TO THESE TERMS
We may change, revise, modify, delete and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them on our website or mobile application or otherwise deliver them to you, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Services. You agree that we shall not be liable to you or any third party for any change to these Terms or change or termination of the Services, or suspension or termination of your access to the Services, except to the extent otherwise expressly set forth herein.
“Affiliates” means parent, subsidiary, sister and other companies controlling, controlled by or under common control with Telcoin Holdings Pte. Ltd., or the Telcoin Entities.
“Force Majeure” means an event that is beyond Telcoin's reasonable control, including but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, suspension of bank accounts of any kind, extraordinary fluctuations in currency values, communications, network or power failure, or equipment or software malfunction or any other cause beyond Telcoin's reasonable control.
“Promotions” means contests, promotions, incentive programs and special offers, including, but not limited to giving credits, staking rewards, nominal rewards or priority to certain users of the Services.
“Telcoin” “we” and “our” mean Telcoin Holdings Pte. Ltd., and , and its Telcoin Affiliates.
“Telcoin Entities” means Telcoin Pty Ltd., Telcoin Financial Services Ltd., Telcoin UAB, Telcoin Inc., Telcoin LLC and Telcoin Pte Ltd., and other entities which exist or may come to exist to provide Services to You in Your jurisdiction.
“Unauthorized Purpose” means, but is not limited to:
- Conduct that violates any law, contract, third-party right, or constitutes a tort.
- Using the Services to pay for, support, or otherwise engage in any illegal gambling activities, money laundering, fraud, or terrorist activities, or any other illegal activities.
- Using, or attempting to use, another user’s Telcoin account without authorization;
- Providing false, inaccurate, or misleading information;
- Taking any action that imposes an unreasonable or disproportionately large load on the Services;
- Facilitating any viruses, trojan horses, or other computer programming that may damage, disrupt, corrupt, misuse, interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or services
- Using an anonymizing proxy, robot, spider, other automatic device, or manual process to access the Services or extract data without Telcoin’s prior written permission;
- Developing any third-party applications that interact with the Services without Telcoin’s prior written consent.
- Encouraging or inducing any third party to engage in any prohibited or unlawful activities.
- Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Telcoin conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity;
- publishing, distributing or disseminating any unlawful material or information;
- any abusive activity including, without limitation, actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information (including the use of bots or scripts);
- transmitting or uploading any material to the Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs;
- attempts to gain unauthorized access to the Telcoin website or mobile app, other Telcoin accounts, computer systems or networks connected to Telcoin, through password mining or any other means;
- using Telcoin account information of another party to access or use the Telcoin Services Site (Telcoin regards the accessing of multiple Telcoin accounts from the same device to indicate potential abusive activity);
- transferring your account access or rights to your account to a third party or by purchase of a Telcoin account, unless by operation of law;
- Abusing Other Users including, without limitation,
- interfering with another individual's or entity's access to or use of any Telcoin Services;
- defaming, abusing, extorting, harassing, stalking, threatening or otherwise violating or infringing the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
- inciting, threatening, facilitating, promoting, or encouraging hate, racial intolerance, or violent acts against others;
- harvesting or otherwise collecting information from Telcoin about others, including without limitation email addresses, without proper consent;
- Fraud: Activity which operates to defraud Telcoin, its users, or any other person; provide any false, inaccurate, or misleading information to Telcoin (Telcoin regards temporary email addresses and disposable email addresses to be forms of misleading information);
- Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance;
- Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- use of Telcoin intellectual property, name, or logo, including use of Telcoin trade or service marks, without express consent from Telcoin or in a manner that otherwise harms Telcoin or the Telcoin brand; any action that implies an untrue endorsement by or affiliation with Telcoin.
“User” means a natural person that uses the Services for their own benefit and not on behalf of another party.
“You” means a User
“Wallet” means an address on the Ethereum or other blockchain that allows the storage of certain assets including, without limitation, digital currency assets.
"Residence" means the user’s home jurisdiction which the user discloses to Telcoin as part of user’s onboarding process, and/or as Telcoin determines during the user’s use of the Telcoin services, e.g. via user’s IP address or cellphone number). Telcoin reserves the right to determine, in its sole and absolute discretion, the residence of the user.
XXVII. ENTIRE AGREEMENT
XIII through XVI and XX through XXIII shall survive the termination or expiration of this Agreement.
XXIX. TELCOIN ENTITIES AND JURISDICTIONAL ADDENDUMS
- Australia: Telcoin Pty Ltd.
- Canada: Telcoin Financial Services Ltd.
- Singapore: Telcoin Pte Ltd.
- United States: Telcoin LLC
- European Union: Telcoin Europe UAB
All other users enter into agreement with the following Telcoin Entity:
For Remittance Services: Telcoin Financial Services Ltd.
For Trading and Swaps: Telcoin Europe UAB
The following terms are addendums and apply solely to residents of the stated applicable jurisdictions:
Australia: Arbitration shall be pursuant to the rules of the International Centre for Dispute Resolution subject to Australian law with venue in Sydney, Australia. Any matter subject to a resolution in court, i.e. injunctive relief, shall be brought in a court in Sydney, Australia.
Canada: Arbitration shall be pursuant to the rules of the International Centre for Dispute Resolution subject to the laws of Ontario with venue in Toronto, Canada. Any matter subject to a resolution in court, i.e. injunctive relief, shall be brought in a court in Toronto, Canada. Singapore: Arbitration shall be pursuant to the rules of the International Centre for Dispute Resolution subject to Singapore law with venue in Toronto, Canada.
Singapore. Any matter subject to a resolution in court, i.e. injunctive relief, shall be brought in a court in Singapore. Telcoin Pte Ltd., is licensed by the Monetary Authority of Singapore (MAS) as a Major Payment Institution under the Payment Services Act for cross-border money transfer services. There is safeguarding account requirement for Major Payment Institution. During cross-border money transfer, funds are not retained more than T+1 day. Telcoin Pte Ltd., maintains a corporate account at Aspire Pte Ltd., or other financial institution.
European Union. If your residence is in the European Union then the services are provided to you by Telcoin Europe UAB and these terms of service are governed by the laws of the Republic of Lithuania. Telcoin Europe UAB is regulated by the Bank of Lithuania. Any disputes relating to a user with residence in the EU and Telcoin shall be pursuant to the rules of the Vilnius Court of Commercial Arbitration (the VCCA), subject to Lithuanian law with venue in Vilnius, Lithuania.