Last Modified: August 29, 2016
By entering into this agreement, you agree to the terms of service of SynapsePay (our banking software provider) found here which are incorporated herein by reference.
Coin Cafe's services are offered and available to users who are 18 years of age or older. CCI Services are offered and available to users who are at least 18 years old (or the applicable age of majority and contractual capacity). You may also be eligible to use the CCI Services if you are at least 13 years old, but only if your parents provide express written consent. Parental consent for use of the CCI Services by an individual who is at least 13 years old must be forwarded to [email protected] The Company may not make Coin Cafe's services available in all markets and jurisdictions, and may restrict or prohibit use of Coin Cafe's services from certain U.S. states or foreign jurisdictions (“Restricted Locations”). If you are registering to use CCI Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
By using Coin Cafe's services, you further represent and warrant that you (a) are of legal age to form a binding contract (at least 18 years old in the U.S.); (b) have not previously been suspended or removed from using Coin Cafe's services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which the United States has embargoed goods or services; (e) are not identified as a "Specially Designated National;" (f) are not placed on the Commerce Department’s Denied Persons List; and (g) will not use Coin Cafe's services if any applicable laws in your country prohibit you from doing so in accordance with these Term and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Coin Cafe's services.
General Description of Coin Cafe's services
Coin Cafe provides you with a simple and convenient way to trade U.S. dollars for bitcoins and vice versa, directly from and to us. Our services do not provide users with the ability to trade one form of fiat for another form of fiat. Additionally, the range of services available to you will depend in part upon the country or U.S. state from which you access Coin Cafe's services.
Each bitcoin transaction is subject to a fee (the "Conversion Fee", sometimes also referred to as an "Exchange Fee") charged by Coin Cafe which consists of: (a) a fee for the conversion of local currency (e.g., USD) for bitcoin (or vice versa) which is calculated as a percentage of the local currency to be converted, plus (b) a fixed transfer fee which may be applied to cover applicable bank fees and/or for prioritized service. Coin Cafe will not process a conversion if the fixed transfer fee exceeds the value of your transaction. The current Conversion Fee is displayed on the Coin Cafe Website prior to you completing a Conversion Service transaction. Your bank may charge you a non-sufficient funds ("NSF") fee or overdraft fee in the event that you do not have sufficient funds to complete a transaction.
By linking a bank account to your account, you authorize Coin Cafe to communicate with your bank to provide or obtain any information required by Coin Cafe or your bank in connection with providing the CCI Services to you. By providing this information your bank is not endorsing Coin Cafe nor are they in any way responsible for CCI Services.
When you use your bank account to make payment, you are requesting an electronic transfer of funds. For bank account transactions, Coin Cafe will make electronic fund transfers from your bank account in the amount you specify. You agree that such requests constitute your authorization to Coin Cafe to make such transfers. Once you have provided your authorization for a transfer, you will not be able to cancel the electronic transfer. You hereby give Coin Cafe the right to resubmit any electronic fund transfer you authorized that is returned for insufficient or uncollected funds. You also authorize us to amend your Coin Cafe account activity to correct such error. You authorize Coin Cafe to take necessary action to reverse, credit, or debit any payment in connection with any necessary chargebacks, reversals, refunds, or adjustments.
Currency Conversion & Volatility
When you convert one currency into another currency (such as U.S. Dollars to Bitcoin, Bitcoin to U.S. Dollars, etc.) by completing a payment, such currency conversion is completed directly by Coin Cafe. You acknowledge that the price or value of any currency may fluctuate and that the conversion rate (the “Conversion Rate”) for converting one currency into another may not be the same Conversion Rate that applies when converting back into that first currency. You agree to deliver the agreed upon payment upon confirmation of a deposit, regardless of changes in a currency’s value. The value of currencies (especially bitcoin) can rapidly increase or decrease at any time, so Coin Cafe cannot guarantee the value of any currency. CCI Services do not involve any extension of credit to you, and no credit is extended to you in connection with your use of CCI Services. In the event you are entitled to a refund or other payment by Coin Cafe, Coin Cafe shall have no liability for any losses resulting from a change in the Conversion Rate that may have occurred since the time of the original transaction. We are not responsible for any processing delays that may result in connection with any deposit, withdrawal, or transaction. The ability to convert from one currency to another is subject to applicable legal and regulatory restrictions as well as the availability of such currency provided by Coin Cafe.
All funds received into your Coin Cafe account will be delivered in U.S. Dollars.
The currency conversion rates provided by Coin Cafe are constantly changing. If a transaction fails and the applicable conversion rate changes before you can complete the transaction, we are not responsible for any value lost due to that conversion rate change. At any given time the rate for converting U.S. Dollars to bitcoins may differ from the rate used for converting bitcoins to U.S. Dollars., etc.
Trading risks.You acknowledge and agree that you shall access and use Coin Cafe's services at your own risk. The risk of loss in trading bitcoins and any other digital assets that may be purchased, sold or traded via Coin Cafe's services can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources.
ALL OF THE POINTS NOTED ABOVE APPLY TO ALL BITCOIN TRADING. THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS ASSOCIATED WITH THESE TRADES.
Internet transmission risks.You acknowledge that there are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that Coin Cafe shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via the Coin Cafe's services, howsoever caused.
Transactions with Coin Cafe
When buying or selling bitcoin through Coin Cafe's services, you are buying from, or selling to, Coin Cafe directly. In this capacity, Coin Cafe does not act as an intermediary or marketplace between other buyers and sellers of bitcoin. The Coin Cafe's services are subject to the Coin Cafe "Conversion Rate." "Conversion Rate" means the liquidity-adjusted price of a given bitcoin amount in terms of local currency as quoted on the Coin Cafe Site. The Conversion Rate is stated either as a "Buy Price," the price in terms of local currency at which you purchase bitcoin from Coin Cafe or as a "Sell Price," the price in terms of local currency at which you sell bitcoin to Coin Cafe . For the purpose of any transaction which incorporates the Conversion Rate, you agree, as a condition of using any Coin Cafe's services, to accept the Conversion Rate as the sole conversion metric.
You agree to deliver payment for any bitcoin purchase made through the Coin Cafe's services upon confirmation of an order, regardless of changes in the applicable Buy Price Conversion Rate prior to completion of the purchase transaction, with such payment to be made in good funds in the amount calculated in the manner specified herein.
Coin Cafe reserves the right to change the buy/sell, transfer, trading, storage and velocity limits on your account at our sole discretion. We may require you to provide us with information about yourself and/or your Bitcoin Transactions if your transactions exceed certain government reporting thresholds, such as thresholds regarding financial record-keeping and tax reporting.
Coin Cafe imposes limits on the number of bitcoin that you may buy, sell, or trade in a given day. Coin Cafe reserves the right to change the limits imposed as we deem necessary or appropriate from time to time, and Coin Cafe posts the limits which apply to you in your account’s Limits page. Coin Cafe does not guarantee the availability of its Coin Cafe's services, and the act of purchasing bitcoin from Coin Cafe does not result in a guarantee that you may sell your bitcoin to Coin Cafe . If you wish to raise your limits beyond the posted amounts, you may submit a request to us to raise your limit. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Coin Cafe staff (such process, "Enhanced Due Diligence"). Coin Cafe reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed the Enhanced Due Diligence procedures.
Right to Suspend, Delay and Cancel Transactions
Coin Cafe reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of bitcoin in its sole discretion, even after funds have been debited from your account(s), including but not limited to instances where Coin Cafe suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime, in response to a subpoena, court order, or other government order, or if Coin Cafe suspects the transaction relates to Prohibited Use as set forth below. In such instances, Coin Cafe will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.
If your account has a negative balance as a result of a deposit being rejected or reversed, Coin Cafe may deduct amounts you owe from the balance of your account, or from funds you subsequently deposit or receive into your account. If your primary payment method does not have sufficient funds to cover the purchase price of any bitcoin order or any other amounts owed by you to us hereunder, Coin Cafe may immediately reverse the transaction. Coin Cafe is under no obligation to attempt to fulfill your purchase using an alternative payment method should your primary payment method fail. You hereby authorize us to debit any of your payment methods which have been linked to your Coin Cafe account for the full or partial amount of your purchase and any other amounts owed by you to us hereunder. We may resubmit debits or charges to your payment methods until all amounts owed by you to us hereunder are satisfied in full. You are responsible for maintaining an adequate balance in each of your accounts and sufficient credit limits on your credit cards in order to avoid any overdraft, NSF or similar fees. To secure the performance of your obligations under this Agreement, you grant to Coin Cafe a security interest in any and all of your funds or other property which come into the possession of Coin Cafe and the bitcoin associated with your Coin Cafe account. You will execute, deliver, and pay the fees for any documents we request to create, perfect, maintain and enforce this security interest.
Refunds & Reversals
Coin Cafe processes Bitcoin Transactions according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to Coin Cafe as the relevant Bitcoin Transaction may not be cancelled or reversed once initiated.
Coin Cafe is not responsible for merchant refund policies. Certain merchants may wish to process a refund to you via a separate Bitcoin Transaction having a value equal to the transaction amount being refunded, as expressed in local currency (e.g., U.S. dollars), based on the then current Conversion Rate. As a result, you may receive less (or more) bitcoin via a refund than you initially used to pay the Merchant.
USD Wallets.Users who have verified their Identity with Coin Cafe and who reside in approved jurisdictions may establish and fund a U.S. Dollar balance ("USD Wallet"). Except as otherwise set forth herein, you may use your USD Wallet only to purchase bitcoin from Coin Cafe , to receive the proceeds of bitcoin sales to Coin Cafe or to transfer funds to and from a Coin Cafe account. Coin Cafe holds all customers' USD Wallet funds in a dedicated account at an FDIC-insured financial institution.
Deposits and Withdrawals.You may visit your Account at our website and follow the prompts to transfer funds between your linked bank account and Coin Cafe as necessary to deposit funds into or withdraw funds from your USD Wallet. Coin Cafe may charge a fee for you to transfer funds to or from Coin Cafe, and additional bank transfer fees may apply. Funds sent via bank wire (if permitted by Coin Cafe) are subject to additional wire fees. For deposits, Coin Cafe will credit your USD Wallet a corresponding amount of dollars after funds are delivered to Coin Cafe, typically within seven business days after you authorize a deposit. For withdrawals, Coin Cafe will immediately debit your USD Wallet when you authorize a withdrawal and funds will typically settle to you within two to three business days. Bank fees are netted out of transfers to or from Coin Cafe. We will not process a transfer if associated bank fees exceed the value of the transfer.
USD Wallet Transactions.When you purchase bitcoin, you may opt to use funds in your USD Wallet rather than your linked payment method. If you purchase bitcoin using your USD Wallet, Coin Cafe will ordinarily effect an immediate settlement of funds, with bitcoin credited to your USD Wallet, although Coin Cafe reserves the right to delay any such transaction if it perceives a risk of fraud or illegal activity. When you sell bitcoin to Coin Cafe , you may elect to receive the proceeds of such sale into your USD Wallet. Coin Cafe will ordinarily effect an immediate settlement of funds, with U.S. Dollars credited to your USD Wallet, although Coin Cafe reserves the right to delay any such transaction if it perceives a risk of fraud or illegal activity.
Limits.You may not initiate a deposit which exceeds your daily bitcoin buy limits. Coin Cafe reserves the right to restrict deposits into your USD Wallet and/or to require you to withdraw funds from your USD Wallet if Coin Cafe determines that your USD Wallet has reached an excessive balance. You may not purchase or sell bitcoin in excess of your daily buy / sell limits, set forth above, regardless of the amount of funds held in your USD Wallet.
This section applies only to account balances held in U.S. Dollars, not bitcoin or other currencies.
Users who have verified their Identity with Coin Cafe and who reside in approved jurisdictions may establish and fund a U.S. Dollar balance ("USD Wallet"). Except as otherwise set forth herein, you may use your USD Wallet only to purchase bitcoin from Coin Cafe to receive the proceeds of bitcoin sales to Coin Cafe, or to transfer funds to and from a Coin Cafe account.
By entering into this agreement, you agree to the terms of service of SynapsePay (our banking software provider) which are incorporated herein by reference. When you add funds to your U.S. Dollar CCI Account, the funds will be placed by us into one or more custodial accounts (“Custodial Account(s)”) maintained for the benefit of Coin Cafe users. All funds held within the Custodial Accounts are held at SynapsePay’s partner Triumph bank. Each depositor is FDIC insured at least up to 250,000 dollars. Subject to the limitations set forth below, this means that if a bank holding a Custodial Account fails, you should be insured by the FDIC up to the per-depositor coverage limit then in place (currently $250,000 in most instances). Note that the FDIC insurance maximum applies to all of the funds that you have on deposit with the bank that fails, including funds that you have in deposit accounts with the bank other than your Coin Cafe related funds in the Custodial Account.
Your Coin Cafe funds will not receive the benefit of FDIC insurance before they are placed in one of the Custodial Accounts referenced above. In most instances, we will place funds into the Custodial Accounts no later than the business day after those funds are credited to your Coin Cafe account. FDIC insurance coverage is contingent upon our maintaining accurate records and on determinations of the FDIC as receiver at the time of a receivership of a bank holding a Custodial Account. FDIC pass-through insurance protects funds placed on behalf of a Coin Cafe user against the risk of loss (up to the then applicable FDIC deposit insurance limits) should any FDIC-insured bank(s) where we maintain Custodial Account(s) fail.
FDIC pass-through insurance does not protect you against the risk of our insolvency. In the unlikely event of our insolvency, funds we place in a Custodial Account should be protected from claims by our creditors; however, it is possible that funds that we hold before placement in a Custodial Account will not be protected from claims by our creditors. Even if funds in your Coin Cafe account (whether held by us or held in a Custodial Account) are protected from claims by our creditors, in the unlikely event of our insolvency, it is possible that you will not have access to those funds while court or other legal proceedings are ongoing.
FDIC pass-through insurance also does not protect you against the risk that an attempted funding of your Coin Cafe account might fail to complete or be reversed (for example, if a deposit that you complete with us is dishonored or a related credit is reversed after initial honor).
When you add funds to your Coin Cafe account, we will place the funds into custodial accounts we maintain for the benefit of Coin Cafe users at one or more FDIC-insured banks. If one of the banks in which we have placed your funds fails, your funds should be insured by the FDIC up to the maximum per-depositor coverage limit (currently $250,000 in most instances).
Coin Cafe is not a bank, and FDIC insurance does not protect you against the risk of our insolvency. Also, when you add funds to your Coin Cafe account, it will take us approximately one business day to place your funds into a custodial account. Your funds will not be insured by the FDIC until we deposit them into the account we maintain at the FDIC-insured bank.
Accessing the Website and Account Registration
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
Security of User Information
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You are responsible for keeping your email address up to date by contacting the Coin Cafe client support team and for maintaining the confidentiality of your user information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Coin Cafe account information has been compromised, contact Coin Cafe immediately at [email protected]
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Coin Cafe. Always log into your Coin Cafe account through the Website to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
In order to use certain features of the Coin Cafe's services, including certain transfers of bitcoin and/or currency, you may be required to provide Coin Cafe with certain personal information, including, but not limited to, your name, physical address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). Coin Cafe may also require you to answer certain questions or take actions in order to verify your identity, provide the Coin Cafe's services to you, or comply with applicable law. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update Coin Cafe if any information changes. You hereby authorize Coin Cafe to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
By using Coin Cafe's services, you agree that Coin Cafe may provide you with any notices or other communications about your Coin Cafe account and the Coin Cafe's services electronically.
Account Suspension, Termination & Cancellation
We may, in our sole and absolute discretion, without liability to you or any third party, suspend, restrict or terminate your account or your use of one or more of the Coin Cafe's services if:
If you have a balance remaining in an account which has been suspended or closed, you will be able to access such funds and withdraw them to an external bitcoin address (for bitcoin) or withdraw them to a linked bank account (for fiat currency), unless prohibited by law or a court order. We reserve the right to require you to provide further identifying information before processing such withdrawal or transfer and to delay such withdrawal or transfer to investigate if we believe fraudulent activity has occurred. If you are unable to login to your account, you will need to contact us at [email protected] to process such withdrawal.
You may cancel your Coin Cafe account at any time by closing your account and discontinuing use of the Coin Cafe's services. Upon cancellation of your account, you remain liable for all transactions made while the account was open. You will not be charged for canceling your Coin Cafe account and will only be required to pay for those Coin Cafe's services used that are subject to charges. If any transaction is in a pending state at the time your Coin Cafe account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your Coin Cafe account to evade an investigation or avoid paying any amounts otherwise due to Coin Cafe. Upon cancellation of your Coin Cafe account, you authorize Coin Cafe to cancel or suspend pending Conversion Service transactions and hold the funds associated with such transactions until Coin Cafe is certain that funding reversal windows are complete. In the event that you or Coin Cafe terminates your access to the Coin Cafe's services, or deactivates or cancels your Coin Cafe account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, Coin Cafe may temporarily suspend access to your Coin Cafe account until the problem is resolved.
If you use Coin Cafe's services to commit a crime, we can close your account. If your account is closed, we may require you to complete additional identity verification and fraud prevention steps in order to access funds in that closed account.
Relationship of Parties
Coin Cafe is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Coin Cafe to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Coin Cafe to be treated as the agent of the other.
Intellectual Property Rights
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content, features, functionality and other materials contained on or provided in connection with Coin Cafe's services, including, without limitation, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are the proprietary property of the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website and Coin Cafe's services.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected]
The Company name, the term “The simplest & fastest way to buy, sell and use Bitcoin,” the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. You may not use any trademark, product or service name of Company without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product or service name of Company. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
Additionally, you agree not to:
Using Coin Cafe's services to make the following types of payments is prohibited, and Coin Cafe reserves the right to monitor for payments that relate to:
In the event that Coin Cafe learns that you are making any such prohibited payments, Coin Cafe may suspend or terminate your Coin Cafe account.
The following categories of businesses, business practices, and sale items are barred from Coin Cafe's services ("Prohibited Businesses"). By opening a Coin Cafe account, you confirm that you will not use Coin Cafe's services to accept payments in connection with the following businesses, activities, practices, or items:
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Third-Party Content & Transactions
In using the Website and Coin Cafe's services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.
In addition, your business dealings or correspondence with third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk. Coin Cafe has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Coin Cafe's services). Coin Cafe is not responsible for ensuring that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with bitcoin transferred using the Coin Cafe's services, or if you have a dispute with such third party, you must handle it directly with that third party. Due to the nature of bitcoin, any Bitcoin Transaction conducted using the Coin Cafe's services is final regardless of any defects in or non-delivery of any goods or services purchased in connection with such Bitcoin Transaction, or any other aspect of your transaction or relationship with the relevant third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Coin Cafe Support at [email protected] so that we may consider whether to take any action.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through The Website or Coin Cafe's services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Reliance on Information Posted
The information presented on or through the Website and Coin Cafe's 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 Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers 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 the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. 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.
Changes to the Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have 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, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. Coin Cafe will make any tax withholdings or filings that we are required by law to make, but Coin Cafe is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.
The owner of the Website is based in the state of New York in the United States. We provide the Website and Coin Cafe's services for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. 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. WE 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 COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR COIN CAFE'S SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on LiabilityIN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
We will not be liable for “exemplary damages” (often called punitive damages) or other indirect losses. So if we do something wrong that costs you $100, our liability is limited to that $100.
No WarrantyCOIN CAFE'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. COIN CAFE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COIN CAFE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF COIN CAFE'S SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE. OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE BITCOIN MARKET, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF BITCOIN AS DENOMINATED IN ANY QUOTED CURRENCY. ALTHOUGH WE MAY PROVIDE HISTORICAL AND/OR REAL-TIME DATA REGARDING THE PRICE OF BITCOIN, WE MAKE NO REPRESENTATIONS REGARDING THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF SUCH DATA, AND YOU SHOULD NOT RELY ON SUCH DATA FOR ANY REASON WHATSOEVER. YOU UNDERSTAND AND AGREE THAT THE VALUE OF BITCOIN CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR BY HOLDING OR TRADING BICOIN, EVEN IF COIN CAFE'S SERVICES ARE DELAYED, SUSPENDED, OR INTERRUPTED FOR ANY REASON. FURTHER, COIN CAFE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF COIN CAFE'S SERVICES OR ANY MATERIALS CONTAINED THEREIN. COIN CAFE WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR ELECTRONIC DEBITS AND CREDITS INVOLVING BANK ACCOUNTS, CREDIT CARDS, AND CHECK ISSUANCES ARE PROCESSED IN A TIMELY MANNER BUT COIN CAFE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE COIN CAFE'S SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS DELAYS IN THE BANKING SYSTEM OR THE U.S. OR INTERNATIONAL MAIL SERVICE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Consent for Electronic Disclosures
Coin Cafe's service is an electronic commerce relationship. In order for Coin Cafe's services to be provided to you, we must have your consent to provide access to required disclosures in electronic format. If you do not consent to electronic disclosure of these documents, then you may not use Coin Cafe's services. Your consent applies to all of the documents we provide to you electronically in connection with Coin Cafe's services, including receipts and notices.
Access to electronic disclosures will be provided by way of the Internet. Your history of use of Coin Cafe's services is available for viewing online from your account on the Service Website. In order to view these disclosures, you will need a hardware device that can access the Internet via modem or other form of connection. Your hardware device must run on an appropriate operating system. You must be able to access the Internet to access our website. Additionally, Internet browser software is required to access the disclosures from a personal computer.
If you require a printed copy of your full transaction history, you can request this by emailing [email protected]
If you consent to electronic access to documents, we are not required to provide you with paper copies. You may obtain these documents in paper form without charge by printing them yourself. If you decide to withdraw your consent for electronic disclosures, you must notify Coin Cafe at [email protected] Such notice will constitute notice of termination of your registration with us and preclude future use of Coin Cafe's services.
Indemnification & Release
For the purpose of this Section, the term “losses” means all net costs reasonably incurred by us or the other persons referred to in this Section which are the result of the matters set out in this Section and which may relate to any claims, demands, causes of action, debt, cost, expense or other liability, including reasonable legal fees (without duplication).
If you have a dispute with one or more users or third parties, you release Coin Cafe (and its affiliates and service providers, and each of their officers, directors, agents, joint ventures, employees and representatives) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a California resident, you hereby expressly waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.”
If you have a dispute with anyone other than Coin Cafe, you release us from liability associated with that dispute.
Governing Law and Jurisdiction
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Waiver and Severability
Third Party Applications
Your Comments and Concerns
This website is operated by Coin Cafe, 240 Kent Ave, Brooklyn, NY 11249.
All notices of copyright infringement claims should be sent to us.
All other feedback, comments, requests for technical support and other communications relating to the Website or Coin Cafe's services should be directed to: [email protected]