Coin Cafe Terms of Service Agreement
Terms of Service
Effective: June 30, 2024
Acceptance
of the Terms of Service
This is a binding contract between you and Coin Cafe, Inc.
("Company", "we" or "us"). Please read the Terms of Service carefully before
you start to use Coin Cafe’s website or services. By clicking to accept or
agree to the Terms of Service when this option is made available to you, you
accept and agree to be legally bound and abide by these Terms of Service and
our Privacy Policy, found here, incorporated herein by
reference. If you do not want to agree to these Terms of Service or the
Privacy Policy, you must not access or use Coin Cafe's Services.
GENERAL TERMS
Basic Coin Cafe Services
Eligibility. To be eligible to use
the Coin Cafe Services, you must be at least 18 years old. The Coin Cafe Services available to you
depends in part upon the country or U.S. state from which you access Coin Cafe
Services. Access from certain states may be prohibited.
Coin
Cafe Services.
Your Coin Cafe account ("Coin Cafe Account") encompasses the following
basic Coin Cafe services (collectively the "Coin Cafe Services"):
-
Use
of one or more hosted virtual currency wallets (“Coin Cafe Exchange Wallets”)
that allow users to transfer supported virtual currencies (“Supported Virtual
Currencies”) to and from the public blockchain (“Transfers”);
-
Virtual
currency conversion services through which users can buy and sell Supported
Virtual Currencies in exchange for United States Dollars (“U.S. Dollars” or
“USD”) in transactions with Coin Cafe (“Transactions”);
-
Ability
to monitor, manage, and track your virtual currency balance, initiate buy or
sell Transactions with Coin Cafe and Transfers to and from the public
blockchain through a user-specific Coin Cafe web portal (“Online Services”).
The
risk of loss in trading or holding virtual currency can be substantial. You
should therefore carefully consider whether trading or holding virtual currency
is suitable for you in light of your financial condition.
Supported Virtual Currencies.
A full list of Supported Virtual Currencies can be found on coincafe.com
Disclosure of Material Risk.
Prior to establishing a relationship with Coin Cafe, and entering into a
transaction, you should understand the risks associated with virtual
currencies:
-
Virtual currencies are not legal tender, are not backed by the United States government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections;
-
Legislative
and regulatory changes or actions at the state, federal, or international level
may adversely affect the use, transfer, exchange, and value of virtual
currencies;
-
Transactions
and Transfers in virtual currencies may be irreversible, and, accordingly,
losses due to fraudulent or accidental Transactions or Transfers may not be
recoverable;
-
Ability
to monitor, manage, and track your virtual currency balance, initiate buy or
sell Transactions with Coin Cafe and Transfers to and from the public
blockchain through a user-specific Coin Cafe web portal (“Online Services”).
-
A
virtual currency Transfer 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 Transfer;
-
A
virtual currency Transaction shall be deemed to have taken place when you
exchange fiat for virtual currency in a purchase or sales transaction facing
Coin Cafe and your Coin Cafe Account is updated to reflect the transaction;
-
The
value of virtual currencies may be derived from the continued willingness of
market participants to exchange fiat currency for virtual currencies, which may
result in the potential for permanent and total loss of value should the market
for virtual currencies disappear;
-
The
volatility and unpredictability of the price of virtual currencies relative to
fiat currency may result in significant loss over a short period of time;
-
The
nature of virtual currencies may lead to an increased risk of fraud or
cyber-attack;
-
The
nature of virtual currencies means that any technological difficulties
experienced by Coin Cafe may prevent the access or use of a customer’s virtual
currencies; and
-
Any
bond or trust account maintained by Coin Cafe for the benefit of its customers
may not be sufficient to cover all losses should any be incurred by customers
should Coin Cafe cease to operate.
Creating a Coin Cafe Account
Registration
of Coin Cafe Account.
In order to create a Coin Cafe Account and conduct transactions using Coin Cafe
Services, you must first register by providing your name, e-mail address, phone
number and password, and affirming your acceptance of this Agreement and our
Privacy Policy. Where you initiated your Coin Cafe Account registration through
a Coin Cafe Service, you must continue to register your Account through the
Coin Cafe Website using the telephone number you used when accessing the
Service. Coin Cafe may, in our sole discretion, refuse to allow you to
establish a Coin Cafe Account, or limit the number of Coin Cafe Accounts that a
single user may establish and maintain at any time.
Identity
Verification for Individuals. In order to use certain features of the Coin
Cafe Services, including the purchase, sale, or transfer of virtual currencies,
you may be required to provide Coin Cafe with certain personal information,
including, but not limited to, your full legal name, residential 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). 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.
Identity
Verification for Legal Entities. If you are registering to use Coin Cafe Services
on behalf of a legal entity (“business”), 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.
Individual
owners of a legal entity with at least 25% or greater ownership are subject to
the Identity Verification for Individuals above. In order to use Coin Cafe
services on behalf of a legal entity, you must register your business using a
Corporate Coin Cafe Account and provide Coin Cafe with certain information
about the business including, but not limited to, legal entity name, address,
website, formation type and information, tax identification number, business
description and the reason for using Coin Cafe Services. You will be required
to upload corporate documentation to verify certain business information,
including the tax identification number, bank account, and business formation.
In submitting this or any other business 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 the legal entity and/or protect against fraud, including to query business
information contained in public reports (e.g., legal entity name, address, past
addresses, or owners), to query account information associated with your linked
business 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.
On
behalf of the legal entity, you must affirm you will not use your Corporate
Coin Cafe Account to conduct Internet gambling, in accordance with The Unlawful
Internet Gambling Enforcement Act (UIGEA).
Coin
Cafe Exchange Wallet Services
In
General.
The Coin Cafe Exchange Wallet allows you to send, request, receive, and store
Supported Virtual Currencies through the Coin Cafe Website.
-
All
Transfers to and from the Coin Cafe Exchange Wallet can be initiated, managed,
tracked, and monitored from your Coin Cafe Account, and your Coin Cafe Account
balance (“Account Balance”) is credited or debited to reflect all user
Transfers and currency conversion Transactions.
-
Coin
Cafe reserves the right to refuse to process or to cancel any pending Virtual
Currency Transfer as required by law or in response to a subpoena, court order,
or other binding government order to enforce Transfer or Transaction limits.
-
Coin
Cafe cannot reverse a Transfer which has been broadcast to the Bitcoin (or
other virtual currency) network. Coin Cafe Exchange Wallet services are
available only in connection with those virtual currencies that Coin Cafe, in
its sole discretion, decides to support.
-
Under
no circumstances should you attempt to use your Coin Cafe Account or the Coin
Cafe Exchange Wallet(s) to store, send, request, or receive virtual currencies
in any form that is not supported by Coin Cafe. Coin Cafe assumes no
responsibility or liability in connection with any attempt to use Coin Cafe
Services for virtual currencies that Coin Cafe does not support.
Use
of the Coin Cafe Exchange Wallet. The Coin Cafe Exchange Wallet is provided to
facilitate currency conversion Transactions between you and Coin Cafe.
-
You understand that in order to most effectively safeguard digital assets, all Supported Virtual Currencies transferred to us by you or purchased in connection with your Transactions are held in one or more omnibus exchange wallets.
-
In
order to effect Transfers and Transactions, Coin Cafe will occasionally move a
portion of your Account Balance into one or more network-connected "Hot
Wallets." Coin Cafe bears full responsibility for the contents of the Hot
Wallet(s) such that your balances will be effectively shielded from any losses
stemming from bad actor attacks upon the Hot Wallet(s).
-
This
notwithstanding, you understand and agree that any bond or trust account
maintained by Coin Cafe for the benefit of its customers may not be sufficient
to cover all losses potentially incurred by customers should Coin Cafe cease to
operate.
Account
Balance.
Your Coin Cafe Account Balance is credited or debited to reflect all Transfers
and currency conversion Transactions, and you are able to initiate Transfers to
a personal wallet or other public blockchain address as soon as a Transaction
or Transfer is complete.
-
You
control your Account Balance. At any time, subject to outages, downtime,
cybersecurity controls, and other applicable policies, you may withdraw those
virtual currencies accruing to you by sending some or all of your Account
Balance to an external blockchain address.
-
You
understand, acknowledge, and agree that virtual currency Transactions are
recorded by updating your Coin Cafe Account Balance but that Transactions are
not broadcast to the public ledger unless you initiate a Transfer.
-
Neither your Coin Cafe Account nor the Coin Cafe Exchange Wallet is intended,
designed, or represented as a long-term custody or storage solution for your
virtual currency. Coin Cafe Accounts that have a positive Account Balance will
be assessed a storage fee of no more than 0.002 BTC per month. Notices will be
sent via email at least five (5) business days prior to the assessment of storage
fees. The fee will typically be assessed on the first day of the month until the
Account Balance is no longer positive.
Virtual
Currency Transfer.
Coin Cafe processes virtual currency Transfers according to the instructions
received from its users.
-
You acknowledge and agree that you will only
transfer virtual currency from your Coin Cafe account to a wallet that you own
and control.
-
You acknowledge and agree that you will only
transfer virtual currency to your Coin Cafe account from a wallet that you own
and control.
-
You
should verify all Transfer information prior to submitting instructions to Coin
Cafe. Once submitted to the Bitcoin (or other virtual currency) network, a
Bitcoin Transfer will be unconfirmed for a period of time pending sufficient
confirmation of the Transfer by the Bitcoin network.
-
A
Transfer is not complete while it is in a pending state. Funds associated with
Transfers that are in a pending state will be designated accordingly, and will
not be included in your Coin Cafe Account balance or be available to conduct
Transactions.
-
Coin
Cafe reserves the right to delay any Bitcoin (or other virtual currency)
Transfer if it perceives a risk of fraud or illegal activity.
Virtual Currency Storage & Transmission
Delays. Coin Cafe securely stores all virtual
currency private keys in our control in a combination of online and offline
storage.
-
As a result, it may be necessary for Coin
Cafe to retrieve certain information from offline storage in order to
facilitate a Bitcoin (or other virtual currency) Transfer and/or Transaction in
accordance with your instructions, which may delay the initiation or crediting
of such Bitcoin Transfer and/or Transaction for 48 hours or more.
- You acknowledge and agree that a Bitcoin
Transfer and/or Transaction facilitated by Coin Cafe may be delayed.
Third
Party Payments.
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.
-
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 virtual currency transferred using the Coin
Cafe Services, or if you have a dispute with such third party, you must resolve
the dispute directly with that 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 https://coincafe.com/contact so that
we may consider what action to take, if any.
Advanced
Protocols.
Unless specifically announced on our website or through some other official
public statement of Coin Cafe, we do not support metacoins,
colored coins, side chains, or other derivative, enhanced, or forked protocols,
tokens, or coins which supplement or interact with Bitcoin or other virtual
currency (collectively, “Advanced Protocols”). Do not use your Coin Cafe
Account to attempt to receive, request, send, store, or engage in any other
type of transaction involving an Advanced Protocol. The Coin Cafe platform is
not configured to detect and/or secure Advanced Protocol transactions and Coin
Cafe assumes absolutely no responsibility whatsoever in respect to Advanced
Protocols.
Operation
of the Bitcoin Protocol. Coin Cafe does not own or control the underlying software
protocol which governs the operation of Bitcoin or any other Supported Virtual
Currency. In general, the underlying protocol is open source and anyone can
use, copy, modify, and distribute it. By using the Coin Cafe platform, you
acknowledge and agree:
-
That
Coin Cafe is not responsible for operation of the underlying virtual currency
protocol and that Coin Cafe makes no guarantee of its functionality, security,
or availability; and
-
That
the underlying virtual currency protocol is subject to sudden changes in
operating rules (a/k/a “forks”), and that such forks may materially affect the
value or function of the bitcoin you store in the Coin Cafe platform. In the
event of a fork, you agree that Coin Cafe may temporarily suspend Coin Cafe
operations (with or without advance notice to you) and that Coin Cafe may, in
its sole discretion, decide whether or not to support (or cease supporting)
either branch of the forked virtual currency protocol entirely. You acknowledge
and agree that Coin Cafe assumes absolutely no responsibility whatsoever with
respect to an unsupported branch of a forked virtual currency protocol.
Fork-Created
Assets. You
agree and understand that Coin Cafe is unlikely to support all new virtual
currency protocols resulting from the fork (“Fork”) of a preexisting virtual
currency (“Forking Asset”) and that newly created digital assets from a fork
(“Fork-Created Assets”) are unlikely to be made available to you.
-
You
agree and understand that you have no right, claim, or privilege in or with
respect to, any digital assets resulting from the Fork of a virtual currency
protocol, regardless as to whether your Coin Cafe Account reflected a Balance
in the Forking Asset before, during, or after the time of the Fork.
- You
agree and understand that we may choose, at our sole discretion, not to support
a Fork-Created Asset (“Unsupported Fork-Created Asset”). With respect to
Unsupported Fork-Created Assets, we may, at our sole discretion, elect to:
-
Pursue
and retain Unsupported Fork-Created Assets as property belonging solely to us;
or
-
Consider
Unsupported Fork-Created Assets deposited in or transmitted to one of our Coin
Cafe Exchange Wallets by you or a third party on an unsolicited basis to be
property belonging solely to us; or
-
Abandon
or otherwise not pursue obtaining the Unsupported Fork-Created Assets; or
-
Determine
your balance at the time of the Fork, account for it as your property, and make
it available to you during a window of time set at our sole discretion
(“Withdrawal Window”), subject to any fees or charges as determined exclusively
by us, to fairly compensate us for the costs and efforts of making Fork-Created
Assets available. Opening a Withdrawal Window does not have the effect of
making Unsupported Fork-Created Assets, or the class thereof, a Supported
Virtual Currency.
Notice
of Forks.
You agree and understand that notice will only be given in the aftermath of a
Fork if we elect to pursue Fork-Created Assets option (D) above, in which case
Coin Cafe will notify you via the latest available email address associated
with your Coin Cafe Account within three months of a Fork.
-
We
are not responsible for notices failing to reach you in cases of abandoned or
lost email addresses.
-
Coin
Cafe may elect to publish notice of impending Forks in Supported Virtual
Currencies via a banner on coincafe.com or on the Coin Cafe blog, or to notify
you by email; this practice does not mean we assume any responsibility for
providing notice in the event of Forks in Supported Virtual Currencies.
-
You
agree and understand that it is your sole responsibility to monitor for
potential and scheduled Forks.
-
You
agree and understand that if you want to ensure access to Fork-Created Assets,
you must withdraw all virtual currency undergoing the Fork in question from
your Coin Cafe Account prior to any Fork.
Conversion Services
In
General.
Eligible users in certain jurisdictions may buy or sell bitcoins through the
Conversion Services.
-
The
Conversion Services are subject to the Coin Cafe "Conversion Rate"
for the given Transaction.
-
"Conversion
Rate" means the price of bitcoin in terms of U.S. Dollars as quoted on the
Coin Cafe Website.
-
The
Conversion Rate is stated either as a "Buy Price" or as a "Sell
Price," which is the price in terms of fiat currency or virtual currency
at which you may buy or sell bitcoins to Coin Cafe.
-
You
acknowledge that the quoted Buy Price Conversion Rate may not be the same as
the Sell Price Conversion Rate at any given time.
-
You
agree, as a condition of using any Coin Cafe Conversion Services, to accept the
Conversion Rate as the sole conversion metric.
-
Coin
Cafe reserves the right to delay any Conversion Service Transaction if it
perceives a risk of fraud or illegal activity.
-
Coin
Cafe does not guarantee the availability of its Conversion Service, and the act
of purchasing bitcoins from Coin Cafe does not result in a guarantee that you
may sell your bitcoins to Coin Cafe.
Purchase
Transactions.
After successfully completing the Verification Procedures, you may purchase
bitcoins by wire transfer, mail-in payment, linking a valid business bank
account, or by in-person payment.
-
You
authorize Coin Cafe to initiate debits from your bank account in settlement of
purchase Transactions.
-
A
Conversion Fee (defined below) applies to all purchase Transactions.
-
Although
Coin Cafe will attempt to deliver bitcoins to you as promptly as possible,
funds may be received by your selected payment method or debited from your bank
account before bitcoins are delivered to your Coin Cafe Account.
-
We
may debit your bank account as soon as you initiate the purchase, but your
payment may not be processed until the next business day, or your wire transfer
may take up to two days to be received before it is then immediately processed.
-
We
will make best efforts to fulfill all Transactions, but in the rare
circumstance where Coin Cafe cannot fulfill your purchase order, we will notify
you and seek your approval to fulfill the purchase order at the contemporaneous
Buy Price Conversion Rate.
-
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.
Sale
Transactions.
After successfully completing the Verification Procedures, you may instantly
sell bitcoin by linking a valid personal or business bank account.
-
You
authorize Coin Cafe to debit your Coin Cafe Account(s) and initiate electronic
payments to your selected bank account in settlement of sell Transactions.
-
An
applicable Conversion Fee (defined below) applies to all sale Transactions.
-
Your
receipt of funds will occur within 2 to 5 business days upon the successful
debit of bitcoin from your Coin Cafe Account(s). Coin Cafe will notify you of
the approximate timeframe at the time of your Transaction.
Conversion
Fees.
Each Conversion Service Transaction is subject to a fee (a "Conversion
Fee").
-
The
Conversion Fee consists of a fee for the conversion of U.S. Dollar for bitcoins
when you buy or sell your bitcoins.
-
The
applicable Conversion Fee is displayed to you on the Coin Cafe Website prior to
you completing a Conversion Service Transaction.
-
Coin
Cafe will not process a conversion Transaction if the Conversion Fee and any
other associated fees as may apply, such as wire transfer fees, exceed the
value of your Transaction; in this case, Coin Cafe will return any monies paid
by you, minus any associated bank processing fees, to your bank account,
provided you upload a bank statement from the past 90 days.
-
Coin
Cafe may, at our sole discretion, waive some portion of the Conversion Fee
depending on the payment method you select and the volume of your Transactions.
-
The
availability of each payment method depends on a number of factors, including
but not limited to your location, the identification information you have
provided to us, and limitations imposed by third party payment processors.
-
You
can view the current fees applicable by payment method at our Bitcoin Delivery Times and Fees page.
-
Coin
Cafe reserves the right to adjust its Conversion Fees and any applicable
waivers at any time. We will always notify you of the Conversion Fee which
applies to your Transaction when you authorize the Transaction as well as in
each receipt we issue to you.
Reversals; Cancellations. You
cannot cancel, reverse, or change any Transaction marked as complete or
pending. If your payment is not successful or if your payment method has
insufficient funds, you authorize Coin Cafe, in its sole discretion, either to
cancel the Transaction or to debit your other payment methods, including Coin
Cafe balances or other linked accounts, in any amount necessary to complete the
Transaction. You are responsible for maintaining an adequate balance and/or
sufficient credit limits in order to avoid overdraft, NSF, or similar fees
charged by your payment provider. 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), if 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; if
Coin Cafe reasonably suspects that the Transaction is erroneous; or if Coin
Cafe suspects the Transaction relates to Prohibited Use or a Prohibited
Business 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.
Payment
Services Partners.
Coin Cafe uses a third-party financial institution to process any payments
between you and Coin Cafe, including but not limited to payments in relation to
your use of the Conversion Service or deposits or withdrawals from your bank
account.
Funds
Transfer.
Entity Account holders may initiate a transfer from your linked business
bank account to make a payment to Coin Cafe. Coin Cafe may charge you a fee to
transfer funds to or from Coin Cafe, and bank transfer fees may apply. Funds
sent via bank wire are subject to additional wire fees.
For
purchase Transactions, Coin Cafe will credit your Coin Cafe Account a corresponding
amount of bitcoin after USD funds are delivered to Coin Cafe, typically the
same business day the funds are received. We may debit your linked payment
method as soon as the same day you initiate the transfer. For sale
Transactions, Coin Cafe will immediately debit your Coin Cafe Account when you
authorize a sale Transaction and funds will typically settle to you within two
to three business days. Coin Cafe fees and applicable 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. You may not stop a payment once a
transfer has been initiated.
General Use, Prohibited Use, and Termination
Limited
License.
We grant you a limited, nonexclusive, nontransferable license, subject to the
terms of this Agreement, to access and use the Coin Cafe Website, and related
content, materials, information (collectively, the "Content") solely
for approved purposes as permitted by Coin Cafe from time to time. Any other
use of the Coin Cafe Website or Content is expressly prohibited and all other
right, title, and interest in the Coin Cafe Website or Content is exclusively
the property of Coin Cafe and its licensors. You agree you will not copy,
transmit, distribute, sell, license, reverse engineer, modify, publish, or
participate in the transfer or sale of, create derivative works from, or in any
other way exploit any of the Content, in whole or in part.
"coincafe.com", "Coin Cafe", and all logos related to the
Coin Cafe Services or displayed on the Coin Cafe Website are either trademarks
or registered marks of Coin Cafe or its licensors. You may not copy, imitate or
use them without Coin Cafe's prior written consent.
Website
Accuracy.
Although we intend to provide accurate and timely information on the Coin Cafe
Website, the Coin Cafe Website (including, without limitation, the Content) may
not always be entirely accurate, complete or current and may also include
technical inaccuracies or typographical errors. In an effort to continue to
provide you with as complete and accurate information as possible, information
may be changed or updated from time to time without notice, including without
limitation information regarding our policies, products and services.
Accordingly, you should verify all information before relying on it, and all
decisions based on information contained on the Coin Cafe Website are your sole
responsibility and we shall have no liability for such decisions. Links to
third-party materials (including without limitation websites) may be provided
as a convenience but are not controlled by us. You acknowledge and agree that
we are not responsible for any aspect of the information, content, or services
contained in any third-party materials or on any third-party sites accessible
or linked to the Coin Cafe Website.
Third-Party
Applications.
Coin Cafe expressly prohibits you from granting an unknown third-party
permission to access or connect to your Coin Cafe Account, either through a
third-party’s product or service or through the Coin Cafe Website. If you grant
a third-party access to your Coin Cafe Account or direct a third-party to act
on your behalf, you acknowledge that we reserve the right to cancel and/or
suspend your Coin Cafe Account and/or block Transactions or freeze funds
immediately and without notice if we determine, in our sole discretion, that
your Account is associated with a Prohibited Use as set forth below. You are
fully responsible for all acts or omissions of any third party with access to
your Coin Cafe Account. Further, you acknowledge and agree that you will not
hold Coin Cafe responsible for, and will indemnify Coin Cafe from, any
liability arising out of or related to any act or omission of any third party
with access to your Coin Cafe Account.
Disclosing
Your Identity.
Absent a court or government order, Coin Cafe may disclose information
concerning your Coin Cafe Account to third parties who claim that material
posted by you violates their rights, including their intellectual property rights
or their right to privacy.
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 Coin Cafe Website or Coin Cafe 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.
To
understand how Coin Cafe uses your personal information, carefully read our
Privacy Policy as it provides details on how your personal information is
collected, stored, protected, and used.
Accounts
Statements and Receipts. In connection with your use of the Coin Cafe Services, Coin
Cafe will electronically deliver Bitcoin Transaction receipts to you through
the Coin Cafe Website at the time of the Transaction, pursuant to your
acceptance of the E-Sign Disclosure and Consent included at the end of this
Agreement. Your history of use of Coin Cafe Services is available for download
as a CSV file, or viewable online through your Coin Cafe Account on the Coin
Cafe Website. If you do not accept the E-Sign Disclosure and Consent and
require a printed copy of your receipts or full Transaction history, you can
request this by contacting us at https://coincafe.com/contact. A fee for printing and
delivery may apply.
Prohibited
Use. In
connection with your use of the Coin Cafe Services, and your interactions with
other users, and third parties you agree and represent you will not engage in
any Prohibited Business or Prohibited Use defined herein. We reserve the right
at all times to monitor, review, retain and/or disclose any information as
necessary to satisfy any applicable law, regulation, sanctions programs, legal
process or governmental request. We reserve the right to cancel and/or suspend
your Coin Cafe Account and/or block Transactions or freeze funds immediately
and without notice if we determine, in our sole discretion, that your Account
is associated with a Prohibited Use and/or a Prohibited Business.
Transaction
Limits.
The use of some Coin Cafe Services is subject to a limit on the amount of
volume, stated in U.S. Dollar terms, you may transact or transfer in a given
period (e.g., daily). Your Transaction limits may vary depending on your
payment method, verification steps you have completed, and other factors. Coin
Cafe reserves the right to change applicable limits as we deem necessary in our
sole discretion. If you wish to raise your limits beyond the posted amounts,
you may email a request to https://coincafe.com/contact We may require you to submit
additional information about yourself or your business, provide records, and
arrange for meetings with Coin Cafe staff ("Enhanced Due Diligence"
may be required). 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 Enhanced Due Diligence.
Suspension,
Termination, and Cancellation. Coin Cafe may: (a) suspend, restrict, or
terminate your access to any or all of the Coin Cafe Services, and/or (b)
deactivate or cancel your Coin Cafe Account if:
-
We
are so required by a facially valid subpoena, court order, or binding order of
a government authority; or
-
We
reasonably suspect you of using your Coin Cafe Account in connection with a
Prohibited Use or Business; or
-
Use
of your Coin Cafe Account is subject to any pending litigation, investigation,
or government proceeding and/or we perceive a heightened risk of legal or
regulatory non-compliance associated with your Coin Cafe Account activity; or
-
Our
service providers are unable to support your use; or
-
You have not logged in to your Coin Cafe Account, contacted us, or otherwise interacted with our service for three years (five years in some jurisdictions) in which case any balance in the Account will be deemed unclaimed property; or
-
You
take any action that Coin Cafe deems as circumventing Coin Cafe's controls,
including, but not limited to, opening multiple Coin Cafe Accounts or abusing
promotions which Coin Cafe may offer from time to time.
If
Coin Cafe suspends or closes your Coin Cafe Account, or terminates your use of Coin
Cafe Services for any reason, we will provide you with notice of our actions
unless a court order or other legal process prohibits Coin Cafe from providing
you with such notice. You acknowledge that Coin Cafe's decision to take certain
actions, including limiting access to, suspending, or closing your account, may
be based on confidential criteria that are essential to Coin Cafe's risk
management and security protocols. You agree that Coin Cafe is under no
obligation to disclose the details of its risk management and security
procedures to you.
You
may close your Coin Cafe Account at any time by logging into the Coin Cafe
Website and pressing the Close My Account button. You will not be charged for
closing your Coin Cafe Account, although you will be required to pay any
outstanding amounts owed to Coin Cafe. You authorize us to cancel or suspend
any pending Transactions at the time of Account closure.
If
you still have bitcoins in your closed Coin Cafe Account, you may contact us at
https://coincafe.com/contact to request a transfer of your bitcoins. If you do
not contact us within 60 days, you agree to forfeit your bitcoins to Coin Cafe.
Relationship
of the 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.
Password
Security; Contact Information. You are responsible for maintaining adequate
security and control of any and all IDs, passwords, hints, personal
identification numbers (PINs), API keys or any other codes that you use to
access the Coin Cafe Services. Any loss or compromise of the foregoing
information and/or your personal information may result in unauthorized access
to your Coin Cafe Account by third-parties and the loss or theft of any
bitcoins and/or funds held in your Coin Cafe Account and any associated
accounts, including your linked bank account(s). You are responsible for
keeping your email address and telephone number up to date in your Account
Profile in order to receive any notices or alerts that we may send you. We
assume no responsibility for any loss that you may sustain due to compromise of
account login credentials due to no fault of Coin Cafe and/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 Support immediately at https://coincafe.com/contact
Taxes. It is your sole
responsibility to determine whether, and to what extent, any taxes apply to any
Transactions you conduct through the Coin Cafe Services, and to withhold,
collect, report and remit the correct amounts of taxes to the appropriate tax
authorities. Your Transaction history is available through your Coin Cafe
Account.
Unclaimed
Property.
If Coin Cafe is holding bitcoins in your Coin Cafe Account, and Coin Cafe is
unable to contact you and has no record of your use of the Services for several
years, applicable law may require Coin Cafe to report these funds as unclaimed
property to the applicable jurisdiction. If this occurs, Coin Cafe will try to locate
you at the address shown in our records, but if Coin Cafe is unable to locate
you, it may be required to deliver any such funds to the applicable state or
jurisdiction as unclaimed property. Coin Cafe reserves the right to deduct a
dormancy fee or other administrative charges from such unclaimed funds, as
permitted by applicable law.
Customer
Feedback, Queries, Complaints, and Dispute Resolution
Contact
Coin Cafe.
For any feedback, questions, or complaints, contact us here:
https://coincafe.com/contact
Refer
to the Coin Cafe Complaint Resolution page on the Coin Cafe Website at https://coincafe.com/legal.php?tab=complaint for more information
about resolving your complaint.
Arbitration;
Waiver of Class Action. If you have a dispute with Coin Cafe, we will attempt to
resolve any such disputes through our support team. If we cannot resolve the
dispute through our support team, you and we agree that any dispute arising
under this Agreement shall be finally settled in binding arbitration, on an
individual basis, in accordance with the American Arbitration Association's
rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) and you and Coin Cafe
hereby expressly waive trial by jury and right to participate in a class action
lawsuit or class-wide arbitration. The arbitration will be conducted by a
single, neutral arbitrator and shall take place in the county or parish in
which you reside, or another mutually agreeable location. The arbitrator may
award any relief that a court of competent jurisdiction could award, including
attorneys' fees when authorized by law, and the arbitral decision may be
enforced in any court. At your request, hearings may be conducted in person or
by telephone and the arbitrator may provide for submitting and determining
motions on briefs, without oral hearings. The prevailing party in any action or
proceeding to enforce this agreement shall be entitled to costs and attorneys'
fees.
Each
Party will be responsible for any fees or costs, such as attorney fees that the
Party may incur, including filing fees or other administrative costs imposed by
the arbitrator(s) or arbitration administrator. If a court decides that any provision
of this section is invalid or unenforceable, that provision shall be severed
and the other parts of this section shall still apply. In any case, the
remainder of this Agreement, will continue to apply.
General Provisions
Computer
Viruses.
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 Coin Cafe Website
to review any Transactions or required actions if you have any uncertainty
regarding the authenticity of any communication or notice.
Release
of Coin Cafe; Indemnification. If you have a dispute with any third party related to
the Coin Cafe services, you release Coin Cafe, its affiliates and service
providers, and each of their respective officers, directors, agents, joint venturers, 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. You agree to
indemnify and hold Coin Cafe, its affiliates and Service Providers, and each of
its or their respective officers, directors, agents, joint venturers,
employees and representatives, harmless from any claim or demand (including
attorneys' fees and any fines, fees or penalties imposed by any regulatory
authority) arising out of or related to your breach of this Agreement or your
violation of any law, rule or regulation, or the rights of any third party.
Limitation
of Liability; No Warranty. IN NO EVENT SHALL COIN CAFE, ITS AFFILIATES AND SERVICE
PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT
VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER
THAN THE VALUE OF THE SUPPORTED VIRTUAL CURRENCY ON DEPOSIT IN YOUR COIN CAFE
ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE,
OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR
UNAUTHORIZED USE OF THE COIN CAFE SITE OR THE COIN CAFE SERVICES, OR THIS
AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COIN CAFE HAS BEEN ADVISED
OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS,
BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING
SENTENCE), THAT IF YOU CLAIM THAT COIN CAFE FAILED TO PROCESS A BUY OR SELL
TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE
SUPPORTED VIRTUAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT
RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITES, OR OTHER TYPES OF
SPECIAL, INCIDENTIAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS
OF THE VALUE OF THE SUPPORTED VIRTUAL CURRENCY AT ISSUE IN THE TRANSACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE
COIN CAFE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS,
IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COIN CAFE
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. COIN CAFE DOES NOT
MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE
COIN CAFE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE
CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
Coin
Cafe will not be liable for exemplary damages, often referred to as punitive
damages, or any other indirect losses.
Coin
Cafe makes no representations about the accuracy or completeness of historical
bitcoin price data available on the Coin Cafe Website. Coin Cafe will make
reasonable efforts to ensure that requests for electronic debits and credits
involving bank accounts are processed in a timely manner but Coin Cafe makes no
representations or warranties regarding the amount of time needed to complete
processing which is dependent upon many factors outside of our control.
IF
YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section are intended to
apply only to the extent permitted under New Jersey law.
Entire
Agreement.
This Agreement, the Privacy Policy, E-Sign Consent, and Appendices incorporated
by reference herein comprise the entire understanding and agreement between you
and Coin Cafe as to the subject matter hereof, and supersedes any and all prior
discussions, agreements and understandings of any kind (including without
limitation any prior versions of this Agreement), and every nature between and
among you and Coin Cafe. Section headings in this Agreement are for convenience
only, and shall not govern the meaning or interpretation of any provision of
this Agreement.
Amendments. We may amend or modify
this Agreement by posting on the Coin Cafe Website or emailing to you the
revised Agreement, and the revised Agreement shall be effective at such time.
If you do not agree with any such modification, your sole and exclusive remedy
is to terminate your use of Coin Cafe Services and close your account. You
agree that we shall not be liable to you or any third-party for any
modification or termination of the Coin Cafe Services, or suspension or
termination of your access to the Coin Cafe Services, except to the extent
otherwise expressly set forth herein. If the revised Agreement includes a material
change, we will endeavor to provide you advanced notice via our website and/or
email before the material change becomes effective.
Assignment. You may not assign any
rights and/or licenses granted under this Agreement. We reserve the right to
assign our rights without restriction, including without limitation to any Coin
Cafe affiliates or subsidiaries, or to any successor in interest of any business
associated with the Coin Cafe Services. Any attempted transfer or assignment in
violation hereof shall be null and void. Subject to the foregoing, this
Agreement will bind and inure to the benefit of the parties, their successors
and permitted assigns.
Severability. If any provision of this
Agreement shall be determined to be invalid or unenforceable under any rule,
law or regulation or any governmental agency, local, state, or federal, such
provision will be changed and interpreted to accomplish the objectives of the
provision to the greatest extent possible under any applicable law and the
validity or enforceability of any other provision of this Agreement shall not
be affected.
Change
of Control.
In the event that Coin Cafe is acquired by or merged with a third-party entity,
we reserve the right, in any of these circumstances, to transfer or assign the
information we have collected from you as part of such merger, acquisition,
sale, or other change of control.
Survival. All provisions of this
Agreement which by their nature extend beyond the expiration or termination of
this Agreement, including, without limitation, sections pertaining to
suspension or termination, Coin Cafe Account cancellation, debts owed to Coin
Cafe, general use of the Coin Cafe Website, disputes with Coin Cafe, and
general provisions, shall survive the termination or expiration of this
Agreement.
Governing
Law. You
agree that the laws of the State of New York, without regard to principles of
conflict of laws, will govern this Agreement and any claim or dispute that has
arisen or may arise between you and Coin Cafe, except to the extent governed by
federal law.
Force
Majeure.
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.
English
Language Controls.
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 the original English.
Non-Waiver
of Rights.
This agreement shall not be construed to waive rights that cannot be waived
under applicable state money transmission laws in the state where you are
located.
APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE
Prohibited Use
You
may not use your Coin Cafe Account to engage in the following categories of
activity ("Prohibited Uses"). The specific types of use listed below
are representative, but not exhaustive. If you are uncertain as to whether or
not your use of Coin Cafe Services involves a Prohibited Use, or have questions
about how these requirements apply to you, please contact us at
https://coincafe.com/contact. By opening a Coin Cafe Account, you confirm that you will
not use your Account to do any of the following:
Unlawful
Activity: Activity which would violate, or assist in violation of, any law,
statute, ordinance, or regulation, sanctions programs administered in the
countries where Coin Cafe 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;
publish, distribute or disseminate any unlawful material or information.
Abusive
Activity: Actions which impose an unreasonable or disproportionately large load
on our infrastructure, or detrimentally interfere with, intercept, or
expropriate any system, data, or information; transmit or upload any material
to the Coin Cafe Website that contains viruses, trojan horses, worms, or any
other harmful or deleterious programs; attempt to gain unauthorized access to
the Coin Cafe Website, other Coin Cafe Accounts, computer systems or networks
connected to the Coin Cafe Website, through password mining or any other means;
use Coin Cafe Account information of another party to access or use the Coin
Cafe Website, except in the case of specific Merchants and/or applications
which are specifically authorized by a user to access such user's Coin Cafe
Account and information; or transfer your account access or rights to your
account to a third-party, unless by operation of law or with the express
permission of Coin Cafe.
Abuse
Other Users: Interfere with another individual's or entity's access to or use
of any Coin Cafe Services; defame, abuse, extort, harass, stalk, threaten or
otherwise violate or infringe the legal rights (such as, but not limited to,
rights of privacy, publicity and intellectual property) of others; incite,
threaten, facilitate, promote, or encourage hate, racial intolerance, or
violent acts against others; harvest or otherwise collect information from the
Coin Cafe Website about others, including without limitation email addresses,
without proper consent.
Fraud:
Activity which operates to defraud Coin Cafe, Coin Cafe users, or any other
person; provide any false, inaccurate, or misleading information to Coin Cafe.
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 Coin Cafe intellectual property, the term “Simple and secure
access to buy, sell and use Bitcoin”, name, or logo, including use of Coin Cafe
trade or service marks, without express consent from Coin Cafe or in a manner
that otherwise harms Coin Cafe or the Coin Cafe brand; any action that implies
an untrue endorsement by or affiliation with Coin Cafe.
Prohibited Businesses
In
addition to the Prohibited Uses described above, the following categories of
businesses, business practices, and sale items are barred from Coin Cafe
Services ("Prohibited Businesses"). The specific types of use listed
below are representative, but not exhaustive. If you are uncertain as to
whether or not your use of Coin Cafe Services involves a Prohibited Business,
or have questions about how these requirements apply to you, please contact us
at https://coincafe.com/contact.
By
opening a Coin Cafe Account, you confirm that you will not use Coin Cafe
Services in connection with any of following businesses, activities, practices,
or items:
Investment
and Credit Services: Securities brokers; mortgage consulting or debt reduction
services; credit counseling or repair; real estate opportunities; investment
schemes.
Restricted
Financial Services: Check cashing, bail bonds; collections agencies.
Intellectual
Property or Proprietary Rights Infringement: Sales, distribution, or access to
counterfeit music, movies, software, or other licensed materials without the
appropriate authorization from the rights holder.
Counterfeit
or Unauthorized Goods: Unauthorized sale or resale of brand name or designer
products or services; sale of goods or services that are illegally imported or
exported or which are stolen.
Regulated
Products and Services: Marijuana dispensaries and related businesses; sale of
tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services;
age restricted goods or services; weapons and munitions; gunpowder and other
explosives; fireworks and related goods; toxic, flammable, and radioactive
materials; products and services with varying legal status on a state-by-state
basis.
Drugs
and Drug Paraphernalia: Sale of narcotics, controlled substances, and any
equipment designed for making or using drugs, such as bongs, vaporizers, and
hookahs.
Pseudo-Pharmaceuticals:
Pharmaceuticals and other products that make health claims that have not been
approved or verified by the applicable local and/or national regulatory body.
Substances
designed to mimic illegal drugs: Sale of a legal substance that provides the
same effect as an illegal drug (e.g., salvia, kratom).
Adult
Content and Services: Pornography and other obscene materials (including
literature, imagery and other media); sites offering any sexually-related
services such as prostitution, escorts, pay-per view, adult live chat features.
Multi-level
Marketing: Pyramid schemes, network marketing, and referral marketing programs.
Unfair,
predatory or deceptive practices: Investment opportunities or other services
that promise high rewards; Sale or resale of a service without added benefit to
the buyer; resale of government offerings without authorization or added value;
sites that we determine in our sole discretion to be unfair, deceptive, or
predatory towards consumers.
High
risk businesses: any businesses that we believe poses elevated financial risk,
legal liability, or violates card network or bank policies.
Conditional Use
Express
written consent and approval from Coin Cafe must be obtained prior to using
Coin Cafe Services for the following categories of business and/or use
("Conditional Uses"). Consent may be requested by contacting us at
https://coincafe.com/contact. Coin Cafe may also require you to agree to additional
conditions, make supplemental representations and warranties, complete enhanced
on-boarding procedures, and operate subject to restrictions if you use Coin Cafe
Services in connection with any of following businesses, activities, or
practices:
Money
Services: Money transmitters, Virtual Currency transmitters; currency or
Virtual Currency exchanges or dealers; gift cards; prepaid cards; sale of
in-game currency unless the merchant is the operator of the virtual world; act
as a payment intermediary or aggregator or otherwise resell any of the Coin
Cafe Services.
Charities:
Acceptance of donations for nonprofit enterprise.
Games
of Skill: Games which are not defined as gambling under this Agreement or by
law, but which require an entry fee and award a prize.
Religious/Spiritual
Organizations: Operation of a for-profit religious or spiritual organization.
APPENDIX 2: VERIFICATION PROCEDURES AND LIMITS
Coin
Cafe uses multi-level systems and procedures to collect and verify information
about you in order to protect Coin Cafe from fraudulent users, and to keep
appropriate records of Coin Cafe's customers. Your daily or weekly Conversion
limits, purchase or sale Transaction limits, payment method limits, Coin Cafe
Account transfer limits, and limits on Transactions from a linked payment
method are based on the identifying information and/or proof of identity you
provide to Coin Cafe.
All
U.S. users who wish to buy virtual currencies using Coin Cafe's Standard
Conversion Service, at minimum, must:
Establish
a Coin Cafe Account by providing your
-
Full legal name;
-
Primary residential/physical address;
-
Date of birth;
-
Acceptable form of government-issued identification number;
-
Taxpayer identification number; and
-
Information regarding your, or your legal entity’s bank account (e.g. financial institution, account type, routing number, and account number)
Users must also:
-
Submit an acceptable form of government-issued identification with photograph (i.e. passport, state driver's license, or state identification card)
-
Authenticate your e-mail address and phone number, and
-
Accept the Coin Cafe Terms of Service and Privacy Policy.
All U.S. users who wish to use Coin Cafe Services may be required to:
-
Provide or verify additional personal details or documentation;
-
Use an alternative payment method;
-
Complete identity verification by answering certain questions;
-
Wait some amount of time after completion of a transaction, before permitting you to use any Coin Cafe Services and/or before permitting you to engage in transactions beyond certain volume limits.
All domestic legal entity users who wish to use Coin Cafe Services may be required to provide:
-
Entity organization, formation, and/or incorporation documents;
-
Verify additional details about the business, including the nature of the business, purpose of the Entity Account, and the ownership and control, as well as provide supporting documentation;
-
Website, if applicable;
-
MSB registration, if applicable;
-
State business license, if applicable; and
-
Affiliate list (subsidiaries, partnerships, owners).
You
may contact us at https://coincafe.com/contact to request larger limits. Coin Cafe will
require you to submit to Enhanced Due Diligence. Additional fees and costs may
apply, and Coin Cafe does not guarantee that we will raise your limits.
APPENDIX 3: E-SIGN DISCLOSURE AND CONSENT
This
policy describes how Coin Cafe delivers communications to you electronically.
We may amend this policy at any time by providing a revised version on the Coin
Cafe Website. The revised version will be effective at the time we post it. We
will provide you with prior notice of any material changes via our website.
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 Coin Cafe Account and your use of Coin
Cafe Services. Communications include:
-
Terms
of use and policies you agree to (e.g., the Coin Cafe Terms of Service
Agreement and Privacy Policy), including updates to these agreements or
policies;
-
Account
details, history, Transaction receipts, confirmations, and any other Account or
Transaction information or statements;
-
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 Coin Cafe
Account.
We
will provide these Communications to you by posting them on the Coin Cafe
Website, emailing them to you at the primary email address listed in your Coin
Cafe Account 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 TLS 1.2 or higher encryption (e.g. Firefox
version 74.0 and above, Chrome version 82.0 and above, Safari 7.0 and above,
or Microsoft Edge version 84 or later) with cookies enabled;
-
A
valid email address (your primary email address on file with Coin Cafe); 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 https://coincafe.com/contact. If you fail to provide or if you
withdraw your consent to receive Communications electronically, Coin Cafe
reserves the right to immediately close your Coin Cafe 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 Coin Cafe 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, Coin Cafe will be deemed
to have provided the Communication to you.
You
may update your information by logging into your account and visiting your
account settings or by contacting our support team at https://coincafe.com/contact.