The present Agreement stipulates the terms and conditions as well as procedures, under which you (Individual) or Legal Entity you represent, as merchants, can use the CryptoPay Crypto Payment Gateway and Wallet Services (as defined below) for accepting payments in Cryptocurrencies, carrying out of transactions (purchase and sale) in Cryptocurrencies, as well as have access to other services offered by the CryptoPay.
Acceptance of the present Agreement and Terms and Conditions
IMPORTANT! WHEN ACCEPTING THE AGREEMENT BY ANY METHOD ALLOWED, OR BY USING OR ACCESSING THE CryptoPay CRYPTO PAYMENT GATEWAY AND SERVICES VIA A PC OR A MOBILE APP, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE REVIEWED AND UNDERSTAND THE PRESENT AGREEMENT; (II) YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THE PRESENT AGREEMENT; AND (III) YOUR USE OR USE BY THE LEGAL ENTITY YOU REPRESENT OF THE CryptoPay CRYPTO PAYMENT GATEWAY AND SERVICES WILL BE GOVERNED BY THE PRESENT AGREEMENT.
When and if the Terms and Conditions of the preset Agreement are unacceptable or incomprehensible, or unclear to you fully or in part, you shall have no right to use the CryptoPay. In case you are in doubt regarding the Terms and Conditions of the present Agreement, you must get competent consultation from a lawyer before entering into any actions related to the transfer, storing, purchase or sale of the Cryptocurrency via CryptoPay Crypto Payment Gateway and Wallet Solutions.
We do not provide and do not intend to provide any financial and/or other regulated services to you in line with the current local and/or international regulations. In relation to payments and/or transactions in Cryptocurrencies, any legal relations are between you/legal entity you represent as Merchants and your customer making a payment or transaction. CryptoPay is not a party to relations between you as a Merchant and your customers making payments in Cryptocurrencies. CryptoPay does not accept any queries, letters, requests and (or) complaints regarding you, your services, products, activities, and (or) a payment and (or) any type of transaction, sale or purchase related to you as a Merchant and your customers.
The terms and definitions used in the present Agreement shall have the following meanings:
CryptoPay – the private limited liability company “Multiple Wealth Limited” established under the legislation of the Hong Kong, legal entity code 2509064 with registered address: 1501, Grand Millennium Plaza (Lower Block), 181 Queen’s Road Central, Hong Kong.
E-mail: [email protected];
CryptoPay Crypto Payment Gateway and Wallet – an Electronic Online Software Platform with relevant user interfaces available on the Website and/or otherwise accessible, owned, administered, supported and developed by CryptoPay and the services stipulated in the present Agreement and intended for Merchants to accept Cryptocurrencies as payment from purchasers of goods or services;
Merchant – Business/Legal Entity that offers products and/or services related to purchase and sale, deposits and withdrawals as well as any type of transactions in Cryptocurrencies;
Working day – any day of a year, except for Saturdays, Sundays and holidays;
Website – the website https://cryptopay.io including all its sub-domains;
Abandoned Account – any inactive Account through which no transactions have been processed for a minimum of three (3) consecutive months or for which contact information (address, phone numbers, E-mail address) is no longer valid.
Terms and Conditions – the Terms and Conditions of the present Agreement, as well as any Addenda to it, which are referred to in the Terms and Conditions of the present Agreement;
The first Onboarding Requirement for using the CryptoPay is registration of your Account in the CryptoPay System (only one Account is allowed). The right and possibility to use the CryptoPay Crypto Payment Gateway and Wallet will be granted to you only upon and in accordance with the procedures described in the present Terms and Conditions by submitting the required data about yourself and passing the verification. If you are acting on behalf of a legal entity, you must also provide the data about the legal entity represented by you.
Onboarding Procedure:
To log in to the CryptoPay System you can use your own software (desktop or mobile browser) that meets the requirements specified on the Website or the programs (apps) downloaded from the Website provided by us. The requirements for the Software intended for logging in to the CryptoPay System as well as the instructions for downloading and installation of the programs (apps) provided by CryptoPay shall be made available at the Website.
By using the CryptoPay you shall agree and acknowledge that all and any actions (transactions) performed via your Account in the CryptoPay System related to the provided services offered by the CryptoPay shall be valid and causing the same legal effects as the actions (transactions) formalized by a paper document signed by you, and if you are acting on behalf of a legal entity, then also by a paper document endorsed with a stamp of such entity.
To identify you as you log into to the CryptoPay System through your Account, your E-mail address and a login password created by you as well as data provided by you in accordance with the Registration and Onboarding Procedures laid down further in the present Terms and Conditions shall be used.
The E-mail address specified by you and intended for your identification shall be valid throughout the entire period of validity of your Account and cannot be changed. You shall be entitled to change the login password intended for your identification at any time by taking appropriate actions specified on the Website.
Your Account in the CryptoPay System will be created upon specifying your E-mail address and creating your login password.
The creation of the Account will grant you a right to use the Website and familiarize yourself with the operation of the CryptoPay System, however this will not be a sufficient basis for entering into the Cryptocurrency transactions and related services.
To get access to the Cryptocurrency transactions you shall have to register an Account, disclose properly your identity and provide required documents (the list depends on the required Verification Tier/Level and used Services) to pass the KYC and Due Diligence Verification:
*Additional documents and/or verification may be required at own discretion of the CryptoPay and may differ from case to case.
You shall be obliged to inform CryptoPay on any change of the provided documents or personal/corporate details by providing with the copies of the changed documents not later than within ten working (10) days.
We shall reserve the right to request originals of the scanned documents or duly certified paper copies from you.
You must ensure the secrecy of your Account and your login information used to enter into the CryptoPay System and must use 2FA. CryptoPay shall assume no responsibility for any actions in the CryptoPay System that are not initiated by you and any consequences thereof, if such actions have been taken and confirmed after logging into the System with your E-mail address and your password.
All the risk regarding the actions indicated in the present clause or any illegitimate actions made via your Account shall fall exclusively on you.
Actions and procedure for creating your account, registration and logging into the CryptoPay System shall be specified in detail on the Website.
The CryptoPay System shall enable you to accept Cryptocurrencies as payment from purchasers of goods or services and under no circumstances shall assume the responsibility for change in or loss of the value of Cryptocurrency. You should consider the fact that for objective reasons the value of Cryptocurrency may change rather much and it may happen in a rather short time.
IN NO EVENT WILL CryptoPay BE LIABLE TO YOU, LEGAL ENTITY YOU REPRESENT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM YOUR USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE CryptoPay SYSTEM, AS WELL AS YOUR RELATIONS WITH YOUR CUSTOMERS, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT CryptoPay KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED.
IN NO EVENT WILL CryptoPay BE LIABLE TO YOU, LEGAL ENTITY YOU REPRESENT OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR CryptoPay ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.
IN NO EVENT WILL CryptoPay BE LIABLE FOR ANY DAMAGES ARISING IN CONNECTION WITH THE CryptoPay SYSTEM FEES CHANGES EARNED BY CryptoPay IN CONNECTION WITH YOUR USE OF THE SERVICES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS CryptoPay, ITS AFFILIATES AND ANY COMPANY UNDER COMMON OWNERSHIP OR CONTROL WITH CryptoPay OR ITS AFFILIATES, AS WELL AS THE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES OF THE FOREGOING, FROM ANY CLAIM, LIABILITY, LOSS, EXPENSE OR DEMAND, INCLUDING LEGAL FEES, RELATED TO A PARTICULAR TRANSACTION, A PURCHASE, PRODUCT, GOOD AND (OR) SERVICE, YOUR ACCESS OR USE OF THE CryptoPay SYSTEM OR ANY OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE CryptoPay SYSTEM.
THE SOFTWARE (CryptoPay CRYPTO PAYMENT GATEWAY AND WALLET) IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE OWNERS AND DEVELOPERS OF THE SOFTWARE, CryptoPay EMPLOYEES AND AFFILIATES, COPYRIGHT HOLDERS, OR CryptoPay BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
We reserve a right to exercise at CryptoPay discretion at any time to develop, improve, and otherwise modify the Website and (or) the applications comprising the CryptoPay System or other programs related to services provision, the functions and functionality of the Website and (or) of the CryptoPay Crypto Payment Gateway and Wallet, including (but not limited to): quantity of functions (by both increasing and decreasing it), their scope (by both increasing and decreasing it), procedure for use of the functions, scope of data required for your identification and identification procedures etc.
If needed and possible, at own discretion CryptoPay will publish information about the changes indicated in this clause on the Website.
We assume no responsibility for any losses and inconveniences to you and any third parties, which may be sustained as a result of exercising of CryptoPay rights indicated in this clause, or are released from such responsibility.
In case you decide to integrate the CryptoPay Crypto Payment Gateway and Wallet, any part thereof, application programming interfaces (APIs) in your website and/or system, you do so at your own full risk and cost. In no event will CryptoPay be liable to you or any third party for any direct, indirect, special, incidental, consequential, exemplary or punitive damages or any loss, theft, disappearance, or damages for lost profits, lost revenues, lost data or other intangible losses that result from the said integration. CryptoPay DevTeam and Technical Support will assist on the integration process to simplify it and make more comfortable for the Merchant/Customer.
We reserve the right to restrict or terminate provision of services discussed in the Terms and Conditions of the present Agreement to you without any prior warning as well as to block or delete your Account if you fail to fulfil or improperly fulfil your obligations specified in Terms and Conditions of the present Agreement and (or) arising from the present Agreement or otherwise violate the provisions of the present Agreement or when provision of respective services to you might threaten the security of the CryptoPay or the Website or upon instruction or suggestion from competent public authorities or if such restrictions become necessary according to legislation or if CryptoPay suspect that you use the services for illegal, fraudulent and (or) unfair activities or if CryptoPay thinks that your use of the services may damage CryptoPay reputation. If the provision of the services is restricted or terminated as a result of suspicion that you are engaged in illegal fraudulent and (or) unfair activities, it is your responsibility to prove the absence of such a circumstance to us.
We reserve the right to restrict or terminate provision of services at any time without any prior warning or to impose special conditions for the use of the services if you are engaged in activities that, in CryptoPay opinion, involve greater risk.
Other restrictions on provision of services or cases and conditions of application thereof may also be specified on the Website.
We undertake to store essential information related to CryptoPay Services and Cryptocurrency Transactions via CryptoPay System for own needs for at least seven (7) years in durable media of CryptoPay choice in encrypted form.
On the other hand, in order to have proof of actions taken by you or by CryptoPay in fulfilment of the present Terms and Conditions, you should save corresponding information and store it in durable media of your choice.
We undertake to make appropriate efforts in accordance with usual practice in safekeeping information related to provision of the services (including your data); however, CryptoPay cannot guarantee total security of the information and data.
Our fees and rates CryptoPay will charge you for using the CryptoPay Crypto Payment Gateway and Wallet Services as well as for other services provided under the present Terms and Conditions, and in Payment Policy including the special (additional) provisions thereof, shall be indicated on the Website. You will have to pay CryptoPay for specific transactions in Cryptocurrency and other financial operations within the scope of CryptoPay Services at the rates indicated on the Website and applicable at the moment those transactions are carried out.
CryptoPay hereby reserve the right to apply discounts, at own discretion, on the fees that are to be charged.
We reserve the right to determine minimum and (or) maximum amounts of the Cryptocurrency to be purchased in a single operation indicating such restrictions on the Website or as and when communicated to you.
We reserve the right to determine minimum and (or) maximum amounts of the Cryptocurrency to be sold in a single operation indicating such restrictions on the Website or as and when communicated to you.
If you are eligible to the discounts, the discount on the Fee applicable for each Cryptocurrency purchase-sale transaction concluded by the Client who has registered in the CryptoPay System via your referral link, shall be as it published on the Website.
The amount of discount may be designated, at CryptoPay own discretion, exclusively for you, or exclusively for your client, or divided, in the proportion selected at your own discretion, among yourself and the Client. Your selection may be exercised in accordance with the procedure set forth on the Website.
Discounts referred to in this Section shall be paid in the Cryptocurrency only.
Services provided under the present Section allow you having and administering the Cryptocurrency Account in the CryptoPay System as well as obtaining the Cryptocurrency Transactions information. Therefore, under no circumstances CryptoPay shall assume the responsibility for any change in or loss of the value of your Cryptocurrency.
You have to take into account that, for objective reasons, the value of the Cryptocurrency may change rather significantly in a rather short time. Therefore, when selling goods and providing services to your Clients and accepting the Cryptocurrency as payment, you should bear in mind that the value of the Cryptocurrency paid may have changed at the moment of return of the goods.
The risk resulting from such value change shall fall on you.
You authorize CryptoPay to receive Cryptocurrencies, hold, exchange and disburse them, as well as deduct CryptoPay commission on your behalf, and to take any and all actions that find necessary or desirable to provide the CryptoPay Crypto Payment Gateway and Wallet Services or to comply with all applicable law and the present Agreement. Payments by your customer to CryptoPay will be considered the same as payment made directly to you. CryptoPay are not authorized to take any action on your behalf, except as stated in the present Agreement.
In relation to payments/transactions in Cryptocurrencies/Fiat currencies made to you, any legal relations are between you as a merchant and your customer making a payment. CryptoPay is not a party to relations between you as a merchant and your customers making payments in Cryptocurrencies.
We do not accept any queries, letter, requests and (or) complaints regarding you, your services, products, activities and (or) payments/transactions between you as a Merchant and your customers.
We collect Cryptocurrencies to the Virtual Currencies Account exclusively for and on behalf of you.
We do not engage into any other activities on behalf of you, your representative, agent or employee.
We shall not control, monitor, assess, authorize (and) or supervise your activities and (or) particular transactions.
The foregoing does not preclude CryptoPay from exercising the right to restrict or terminate provision of services discussed in the Terms and Conditions of the present Agreement to you at any time according the terms of the present Agreement.
Having registered in the CryptoPay System you automatically agree to receive by E-mail (to the address provided at the time of registration) from CryptoPay information related to transactions in Cryptocurrency, including various offers to obtain additional services, products, etc.
You may cancel your agreement to receive news, promotions, update information, etc. at any time by submitting a corresponding notification to CryptoPay in the manner specified on the Website.
By using the Website and the CryptoPay Crypto Payment Gateway and Wallet, you hereby shall guarantee that the information and data provided by you:
is accurate, correct, up to date and not misleading;
is free of viruses or other computer programs or files that could interfere with normal functioning of the CryptoPay Platform and/or related applications.
Amendments to the present Terms and Conditions.
CryptoPay hereby reserve the right to exercise at own discretion at any time to amend the present Terms and Conditions by publishing an updated text of the Terms and Conditions on the Website. If after the publishing of the updated text of the Terms and Conditions on the Website you will continue entering into the transactions with the Cryptocurrency, it shall be deemed that you agree with the amended Terms and Conditions and you undertake to be bound by them.
Any agreements or other transactions entered into on the basis of the present Terms and Conditions shall not be the royalty agreements. CryptoPay and you shall not transfer or grant any copyright or the rights related hereto to each other, except for the right to use CryptoPay relevant applications discussed in the present Terms and Conditions or other computer programs that are provided to you so as to enable you to log into the CryptoPay System and enter into appropriate transactions related to the Cryptocurrency in accordance with the license agreements (package licenses) accompanying respective application or other computer program.
Both CryptoPay and you shall commit not to disclose any confidential information that comes to our/your knowledge in relation to the present Agreement. This commitment shall be given for an indefinite period. The provision of confidentiality shall not apply when the information is provided by any of the Parties to its lawyers, auditors or other persons invoked by that Party for performance of the agreements provided for in the Terms and Conditions of the present Agreement and obliged by law or written documents to honor the provision of confidentiality, as well as to supervisory bodies and other authorities that have a right to access this information in accordance with the conditions set out by the law.
We shall automatically consider confidential the information on the content of transactions with the Cryptocurrency, security requirements related to the transactions with the Cryptocurrency, technical data, know-how, trade secrets related to activities of any of the Parties, and any other non-public information of the other Party that has been specified as confidential by such Party, and you shall be required to consider it confidential as well.
In order to provide Cryptocurrency purchasing and payment processing services, CryptoPay collects, uses, stores and otherwise processes information about you as permitted by the Personal Data (Privacy) Ordinance (Cap. 486) (1996) and other legal acts.
We will collect, use, store, and otherwise process information about you as described in detail by CryptoPay Privacy Policy available on the Website and updated from time to time, as well as other provisions of the present Agreement. You have to familiarize yourself with the Privacy Policy prior to executing the present Agreement. In case you find the Privacy Policy or any parts thereof unclear or unintelligible, please refer to contact CryptoPay as stated in the Privacy Policy, prior to executing the present Agreement.
By way of executing the present Agreement, you acknowledge and understood the Privacy Policy.
We implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
You are obliged to inform CryptoPay in writing immediately in case any information hold about you is inaccurate or not up to date or you believe that any of the information about you is collected, used and stored by CryptoPay in a manner not compliant with applicable laws.
By accepting the present Agreement, you or Legal Entity you represent, as a data controller, authorize us, as a data processor, to process personal data controlled by you and entrusted to CryptoPay (information about your representatives and purchasers) on your behalf and pursuant to your instructions for the sole purpose of providing you with the CryptoPay Crypto Payment Gateway and Wallet Services.
Should any provision of the present Terms and Conditions appear to be in conflict with mandatory law and therefore null and void, this shall not make all the Terms and Conditions or the agreements concluded on the basis thereof null and void. In such a case CryptoPay shall undertake to replace the null and void provision of the present Terms and Conditions with economically and legally nearest its equivalent.
The Terms and Conditions of the present Agreement have been prepared with reference to the law of Hong Kong. The agreements concluded on the basis of the present Terms and Conditions and the legal relations resulting from or in relation to them shall be governed by the law of the Hong Kong.
Any legal disputes arising from or in relation to the agreements concluded based on the present Terms and Conditions shall be handled at a competent Court as determined by CryptoPay.
You may submit your complaints and claims regarding failure to perform or undue performance of the provisions of the present Terms and Conditions to CryptoPay by E-mail.
CryptoPay may announce and amend the present Terms and Conditions as well as the present Agreement from time to time and all the modifications and/or amendments shall be an integral part of the present Agreement and become valid at the time of its publishing with or without prior notification.
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Updated: 17 Jan 2022