Document Updated 20.08.2018 16:52:45 GMT
This web page represents our Terms and conditions ("Agreement") regarding our website, https://www.xrpunited.com ("Website"). The terms, "we" and "our" as used in this Agreement refer to XRP United OÜ. We are registered Estonia under company number 14469448 and have our registered office at Mustamäe tee 5, Tallinn, Estonia.
1 – DEFINITIONS
Whenever used in this Agreement, unless stated otherwise, the following words have the meanings assigned below:
• (a) “Agreement” means these terms, and all schedules, attachments, and other referenced documents, all of which are incorporated into these terms.
• (b) “Customer” means the counterparty to XRP UNITED OÜ with respect to this Agreement.
• (c) “Customer Account” means a relationship with XRP UNITED OÜ which allows Customer to enter into Exchange Contracts with XRP UNITED OÜ.
• (d) “Exchange” means the exchange of virtual currencies offered under an Exchange Contract at the Exchange Price.
• (e) “Exchange Contract” means a separate agreement between Customer and XRP UNITED OÜ to make an Exchange.
• (f) “Exchange Price” means the amount of a unit of one token that Customer agrees to exchange for another token, expressed as the ratio of one held token to an equivalent number of desired tokens.
• (g) “Law” means any law, regulation, judgement, court order, or sanctions regime with which XRP UNITED OÜ is required to comply.
• (h) “Services” means the token exchange services provided by XRP UNITED OÜ to Customer.
• (i) “Website” means the internet website available at https://www.xrpunited.com/, as updated from time to time.
2 – CUSTOMER ACCOUNT
Customer must create a Customer Account before using Services. You must be over the age of 18 or over the age of legal majority in the area that you reside. Individuals not of legal age are prohibited from creating an account or using any XRP UNITED OÜ services. Services are available only to individuals who are not residents of the ‘prohibited territories’ (shown below).
Countries: Afghanistan, Algeria, Bangladesh, Bolivia, Cambodia, Colombia, China,Dominican Republic, Ecuador, Egypt, El Salvador, Ghana, Goergia, India, Indonesia, Iran, Iraq, Jordan, Kazakhstan, Kuwait, Lebanon, Lesotho, Macau, Macedonia, Morocco, Namibia, Pakistan, Qatar, Saudi Arabia, Taiwan, Thailand, Trinidad and Tobago, Viet Nam
In order to register for a Customer Account, XRP UNITED OÜ requires the acceptance of this Agreement, in a form acceptable to XRP UNITED OÜ, and the receipt of various information from Customer which shall include:
(a) identifying and contact information, such as name, email, address, date of birth, and tax ID;
(b) other identifying information as required by Law;
(c) any other information requested by XRP UNITED OÜ; and (d) consent to allow XRP UNITED OÜ to verify all information provided to XRP UNITED OÜ.
(d) If the customer uses a credit card to enter into a contract with us, XRP UNITED OÜ will verify the card with a small amount determined by XRP United OÜ to ensure that the card is valid and that you are the card owner the card
2.2 Privacy and Data Protection.
2.3 Verification of Information.
XRP UNITED OÜ’s obligations under this Agreement are conditioned on verifying (satisfactory to XRP UNITED OÜ) all information received from Customer in connection with the Services, including but not limited to purposes of Exchange Contracts. Customer agrees to provide complete and accurate information to XRP UNITED OÜ, and to promptly notify XRP UNITED OÜ of any changes to information provided to XRP UNITED OÜ.
2.4 Condition of Acceptance.
XRP UNITED OÜ’s obligations under this Agreement are conditioned on acceptance of Customer, which is evidenced by the creation and maintenance of a Customer Account, or Customer’s access to and continued use of XRP UNITED OÜ’s services. XRP UNITED OÜ reserves the right to decline to open a Customer Account without specifying a reason.
2.5 Individual Exchange Contracts.
Each Exchange Contract effected under the terms of this Agreement is separate from other Exchange Contracts effected under the terms of this Agreement. XRP UNITED OÜ reserves the right to decline to enter into any Exchange Contract with Customer.
2.6 Nature of Customer Account.
XRP UNITED OÜ does not act as a fiduciary, trustee, or escrow holder on behalf of Customer.
2.7 No Advice.
Customer represents that each Exchange Contract is entered into based on Customer’s own judgment and that Customer is not relying on any communication of XRP UNITED OÜ as advice or as a recommendation to enter an Exchange Contract.
3 – EXCHANGE CONTRACTS
3.1 Exchange Contract Information.
To request an Exchange Contract, customer must provide XRP UNITED OÜ with the amount of Exchange currency, the Exchange Price, and any other information requested by XRP UNITED OÜ.
3.2 Terms of Exchange Contract.
On receipt of the above information, XRP UNITED OÜ will provide Customer with a summary of the Exchange Contract, which Customer may then accept. The terms of the Exchange Contract may include but are not limited to the amount of the Exchange currency.
3.3 Exchange Limits.
Customer may enter into Exchange Contracts up to the amounts indicated in the verification levels section of the site as permitted by his or her verification level.
3.4 Customer Obligations.
Virtual currencies traded on the exchange are highly complex from the technological standpoint and require technical sophistication to comprehend all the inherent risks. The price of these virtual currencies is highly volatile while the market is frequently illiquid. Customer understands and agrees that entering an Exchange Contract is extremely risky and that factors outside XRP UNITED OÜ’s control may result in significant fluctuations in tokens exchange rates. Customer represents that Customer possesses proper sophistication and knowledge to understand all relevant risks of entering into an Exchange Contract. Customer will, under no circumstances, enter an Exchange Contract in which Customer is not sophisticated enough to understand such risks. Customer further agrees not to request an Exchange Contract on behalf of another person nor to request an Exchange Contract using tokens owned by another person.
3.5 XRP UNITED OÜ Obligations.
Once Customer has accepted an Exchange Contract, XRP UNITED OÜ agrees to attempt to fulfill the contract, which, if fulfilled, will result in an Exchange as specified in the Exchange Contract.
3.6 XRP UNITED OÜ Reliance on Customer Instructions.
XRP UNITED OÜ may rely and act upon all instructions from or purportedly from Customer (including from Customer’s agent) and which XRP UNITED OÜ believes in good faith are Customer’s instructions.
4 – CANCELLATION AND MODIFICATION
4.1 Cancellation by Customer.
Customer may request the cancellation of an Exchange Contract at any time. However, XRP UNITED OÜ may permit or deny any cancellation request. If the Exchange Contract has not been fulfilled at the time of requested cancellation, XRP UNITED OÜ will use reasonable efforts to cancel such contract. If XRP UNITED OÜ cancels an Exchange Contract at Customer’s request, Customer shall indemnify and hold XRP UNITED OÜ harmless for all costs and other expenses incurred by XRP UNITED OÜ to cancel the Exchange Contract.
4.2 Cancellation by XRP UNITED OÜ.
XRP UNITED OÜ may treat any of the following as grounds to cancel an Exchange Contract:
• (a) failure to provide the information to XRP UNITED OÜ as described at Section 2.1;
• (b) death or illness of Customer;
• (c) bankruptcy or insolvency regarding Customer;
• (d) unanticipated technical difficulties, including but not limited to a disruption in external networks such as blockchains;
• (e) the discontinuance of support for a token by XRP UNITED OÜ’s Services; or
• (f) at the sole discretion of XRP UNITED OÜ’s compliance department.
4.3 Modification. Customer may not modify an Exchange Contract.
5 – LIMITATION OF LIABILITY
5.1 Force Majeure.
XRP UNITED OÜ is not liable for the inability or impracticability to perform its obligations under this Agreement or any Exchange Contract due to any event or circumstance, including, without limitation, any natural, technological, political or governmental (which for greater certainty includes an act of state) or similar event or unforeseen circumstance outside of XRP UNITED OÜ’s control.
5.2 No Liability.
XRP UNITED OÜ will not, absent gross negligence or willful misconduct by it or its employees, be liable to Customer for any loss, costs, or damages incurred as a result of Customer entering an Exchange Contract, including, without limitation:
• (a) for communication malfunctions that affect the accuracy or timeliness of information between Customer and XRP UNITED OÜ, and/or which prevent information from being transmitted, or
• (b) for mistakes on Customer’s part, including providing incorrect Exchange Contract details to XRP UNITED OÜ.
5.3 Limited Liability.
To the extent permitted by Law, the aggregate liability, direct or indirect, of XRP UNITED OÜ arising out of or in connection with this Agreement is limited to the total amount of fees received from Customer in the previous six months. The parties acknowledge that the other party entered into this Agreement in reliance on the limitations of liability stated in this paragraph, and these limitations are an essential basis of the bargain between the parties.
XRP UNITED OÜ Services may only be used for lawful purposes and where such use is permitted by law. XRP UNITED OÜ is not liable in any way for any tokens for which Customer offers or receives using the Services.
6 – TERMINATION
6.1 Termination. party may terminate this Agreement at any time by providing notice to the other party (“Termination”), to the extent required by applicable Law.
6.2 Effect of Termination. Termination relieves XRP UNITED OÜ of any future obligations arising out of this Agreement or any Exchange Contract between the parties. Termination does not affect any Exchange Contract previously entered and does not relieve either party of any outstanding obligations arising out of this Agreement or any Exchange Contract between the parties.
7 – MISCELLANEOUS
7.1 Disclaimer of Warranties.
ALL XRP UNITED OÜ SERVICES (INCLUDING ALL SOFTWARE, MATERIALS, DATA AND INFORMATION PROVIDED IN CONNECTION WITH OR ACCESIBLE THROUGH THE SERVICES) IS PROVIDED “AS IS” AND WITHOUT WARRANTY. XRP UNITED OÜ, ITS SERVICE PROVIDERS AND THEIR SUBSIDIARIES, AFFILIATES AND AGENTS DISCLAIM ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) INCLUDING WITHOUT LIMITATION WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XRP UNITED OÜ does not warrant that the operation of the Services will be uninterrupted or free from error. Except in the event of gross negligence or willful misconduct by XRP UNITED OÜ, XRP UNITED OÜ is not responsible for any service interruptions, including, but not limited to, system failures, power outages, or other interruptions that may affect processing, settlement, acceptance, or disbursement in connection with the Services. XRP UNITED OÜ does not guarantee the quality, accuracy, completeness or timeless of the information or other Website content provided. XRP UNITED OÜ assumes no obligation to update the information or other Website content which may contain typographical errors from time to time. Information or other Website content may be changed without notice.
Without limiting the generality of the foregoing, XRP UNITED OÜ makes no representation or warranty that: (i) the Website or any component of the Website (including, without limitation, the Website content) will be compatible with Customer’s computer, mobile or other device and/or software; (ii) the Website or any component of the Website (including, without limitation, the Website content) will be available or will function without interruption or error; (iii) the use of the Website or any component of the Website (including, without limitation, the Website content), including, without limitation, the browsing and downloading of any information or material, will be free of any viruses, trojan horses, worms or other destructive, intrusive or disruptive components; (iv) the transmission of information to and from the Website will be secure; (v) the use of the Website or any component of the Website (including, without limitation, the Website content) will not infringe the rights (including, without limitation, intellectual property rights) of any person or entity; or (vi) the use of the Website or any component of the Website (including, without limitation, the Website content) will not cause any damage to Customer’s computer, mobile or other device, software, or electronic files.
7.2 Intellectual Property. Customer acknowledges that the Services, Website, and related content, and all intellectual property rights pertaining thereto are the property of XRP UNITED OÜ or third parties and may only be used for the purpose permitted by this Agreement. Customer hereby acknowledges that the Services, Website, and related content are protected by copyright, trademarks, service marks or other proprietary rights and laws. Customer may not duplicate, create derivative works from, publish, modify, Exchange, or otherwise distribute or exploit the Services, the Website, or any portion of either for any public or commercial use.
7.3 Indemnification. Customer shall indemnify XRP UNITED OÜ, its subsidiaries and affiliates, and their officers, directors, employees, licensors, licensees, agents, contractors, and other applicable third parties (“XRP UNITED OÜ Indemnified Parties”) against all third-party claims, liability, losses, expenses, damages, fines, penalties (including damages awarded or settled amounts and reasonable attorney’s fees) arising out of or in connection with Customer’s breach of this Agreement or use of the Services or the Website. Customer shall indemnify the XRP UNITED OÜ Indemnified Parties for all losses arising from acting upon the instructions of Customer, including but not limited to losses incurred due to an error in instructions provided by Customer to XRP UNITED OÜ.
7.4.1 Internet Access.
Customer shall have the appropriate computer hardware and software to regularly access the internet and to view electronic communications.
7.4.2 Telephone Communications.
XRP UNITED OÜ may record all telephone conversations. Customer hereby consents to the recording of all telephone conversations between Customer and XRP UNITED OÜ without the use of a warning tone or message. XRP UNITED OÜ may use such recordings to resolve any disputes, where permissible.
7.4.3 Electronic Communications.
Customer shall accept electronic communications from XRP UNITED OÜ, which include but are not limited to information posted on XRP UNITED OÜ’s Website and emails sent to the email address provided by Customer. Customer agrees that XRP UNITED OÜ may provide communications or records by means of electronic communications. XRP UNITED OÜ may terminate Customer’s use of the Services if Customer declines or withdraws consent to receive electronic communications. When XRP UNITED OÜ sends an electronic communication to Customer’s provided email address, or posts to the Website, it shall be deemed received at that time.
7.4.4 Contact Information.
Customer is solely responsible for keeping Customer’s contact details registered with XRP UNITED OÜ up to date.
7.4.5 Security of Access Credentials.
Customer is solely responsible for the confidentiality and security of Customer’s access credentials, such as username and password information. Customer should not disclose such information to anyone. XRP UNITED OÜ is entitled to assume that any person using Customer’s access credentials is Customer. Customer must notify XRP UNITED OÜ immediately of any unauthorized use or access to Customer’s access credentials. XRP UNITED OÜ may, at any time and its entire discretion, require Customer to change Customer’s access credentials or any part thereof. Any failure by Customer to comply with such request entitles XRP UNITED OÜ to suspend Customer’s access to and use of the Services.
7.5.6 Confidential Warning.
The internet is not a secure medium and privacy cannot be ensured. Communications over the internet are vulnerable to interception and forging. XRP UNITED OÜ will not be responsible for any damages that Customer or any third party may suffer as a result of the transmission of confidential information that Customer makes to XRP UNITED OÜ through the internet, or that Customer expressly or implicitly authorizes XRP UNITED OÜ to make, or for any errors or any changes made to any transmitted information. XRP UNITED OÜ will not be responsible for any damages that Customer or any third party may suffer as a result of the transmission of confidential information that Customer makes to XRP UNITED OÜ or any other third party of whom Customer may have become aware as a result of accessing the Website or by following a link to another Website which is found on the Website through the internet.
XRP UNITED OÜ may amend this Agreement by posting the amended Agreement on our Website and providing Customer with electronic notification of such amended agreement. Such amendment will become effective on the date specified in the notice. Unless otherwise agreed by XRP UNITED OÜ in writing, an amendment does not affect any legal rights or obligations which may have already arisen under the former version(s) of this Agreement. If Customer does not agree to the changes, Customer has the right to terminate the Agreement immediately and without charge.
Customer may not assign any right or obligation under this Agreement without the prior written consent of XRP UNITED OÜ. XRP UNITED OÜ may assign this Agreement and any rights under it without Customer’s consent.
XRP UNITED OÜ and Customer are the only parties which may rely upon or enforce this Agreement. There are no third-party beneficiaries to this Agreement, except affiliates of XRP UNITED OÜ and vendors with whom XRP UNITED OÜ may contract to provide Services. Nothing in this Agreement confers or is intended to confer a benefit on a person who is not XRP UNITED OÜ or Customer.
Each party is entering into this Agreement as Principal. Neither party shall represent itself as an agent, employee, or representative of the other party. Nothing in this Agreement shall create, or be deemed to create, a partnership or joint venture or relationship of employer and employee.
This Agreement states the final and exclusive agreement between the parties regarding the transactions that this Agreement contemplates. It supersedes all previous negotiations and agreements.
If any provision of this Agreement is illegal or unenforceable, that provision is severed from the Agreement, and the other provisions remain in force.
7.12 No Waiver.
XRP UNITED OÜ’s failure to exercise or enforce any right under this Agreement will not be deemed a waiver of any such right or prevent XRP UNITED OÜ from exercising that right at any time.
7.13 Governing Law.
This Agreement is governed by, and is to be construed and interpreted in accordance with, the laws of the Republic of Estonia without giving effect to the principles of conflicts of law. XRP UNITED OÜ and Customer agree that all actions and proceedings arising out of or relating directly or indirectly to this Agreement or any ancillary agreement or any other related obligations shall be litigated solely and exclusively in the courts located in the Republic of Estonia and that such courts are convenient forums.