Terms of Service
Last modified: April 2, 2018
This User Agreement is an electronic agreement between you (hereinafter the “User”) and CG Partners Group LLP, a company registered and operating according to the laws of England and Wales, Company number OC422147, with the registered address 311 Shoreham Street, Sheffield, South Yorkshire, United Kingdom, S2 4FA (hereinafter the “Cryptogift”) that applies to your use of this mobile app, website, all services, products and content provided by Cryptogift.
The text of this Agreement contains all the essential conditions of the public offer of Cryptogift. By creating an account on the mobile app or by using any of the Services, you acknowledge that you have read, understand, and completely agree to this Agreement in effect from time to time.
*You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial. Digital Currency Services are not currently regulated by the Financial Conduct Authority or any other regulator. You should therefore carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition.*
SUBJECT OF THE AGREEMENT
Eligibility. By registering to use a Cryptogift Account, you have affirmed that you are at least 18 years old and are an individual, legal person or other organization with full legal capacity to enter into this User Agreement between you and Cryptogift. If you are not, you and your guardian shall undertake all consequences resulting from your actions and Cryptogift shall have the right to cancel or freeze your account in addition to filing claims against you and your guardian for compensation.
Depending on the User’s place of residence, the User may not be able to use all the functions of the Cryptogift. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses Cryptogift.
CRYPTOGIFT ACCOUNTS AND ACCESS
Identity Verification. You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Cryptogift Services and your access to one or more Cryptogift Services, including certain transfers of E-Money and Digital Currency, and the limits that apply to your use of the Cryptogift Services, may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes.
Account Usage Requirements. Cryptogift accounts can only be used by the person whose name they are registered under. Cryptogift reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. Accordingly, Cryptogift will not take legal responsibility for these accounts.
Access. To access the Cryptogift Services, you must have the necessary equipment (such as a smartphone or tablet) and the associated telecommunication service subscriptions to access the Internet.
Account Security. Cryptogift prioritizes maintaining the safety of those user funds entrusted to us and has implemented industry standard protections for our platform. With that said, there are account-level risks that are created by individual user actions. We request that you understand the need to independently take safety precautions to protect your own account and personal information.
You shall be solely responsible for the safekeeping of your Cryptogift account and password on your own, and you shall be responsible for all activities under your log-in email, Cryptogift account and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by using a mobile applications, website, online renewal of agreement, etc.).
You hereby agree that:
(a) you will notify Cryptogift immediately if you are aware of any unauthorized use of your Cryptogift account and password by any person or any other violations to the security rules;
(b) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the mobile app, website/service; and
(c) you will log out from the mobile app, website by taking proper steps at the end of every visit.
Cryptogift will not be responsible for any loss or consequences caused by your failure to comply with the above Account Security provision.
Guidelines for usage of services on Cryptogift
You hereby agree to observe the following covenants during your use of services on Cryptogift:
● all the activities that you carry out during the use of Cryptogift Service will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of Cryptogift,
● will not be in violation of public interests, public ethics or other’s legitimate interests,
● will not constitute evasion of payable taxes or fees and will not violate this agreement or relevant rules.
● using a device, software or subroutine to interfere with the mobile app;
● overloading network equipments with unreasonable data loading requests;
● executing malicious sales or purchases on the market;
By accessing the Cryptogift Service, you agree that Cryptogift shall have the right to unilaterally determine whether you have violated any of the above covenants and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to:
● block and close order requests;
● freezing your account;
● reporting the incident to authorities;
● publishing the alleged violations and actions that have been taken;
● deleting any information you published that is in violation.
If your alleged violation causes any losses to a third party, you shall solely undertake all the legal liabilities in your own name and hold Cryptogift harmless from any loss, fine or extra expenses. If, due to any alleged violation Cryptogift incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify Cryptogift against any losses and expense caused thereby, including reasonable attorney’s fee.
Service fees. Cryptogift reserves the rights to levy service fees on users who use its services. It is in the discretion of Cryptogift to adjust the servce fees charged to users using its services.
Intellectual Property and Ownership; Use of Marks. As between Cryptogift and you, the Developer's Tools, Cryptogift Marks, and all intellectual property rights therein and thereto are and shall at all times remain the sole and exclusive property of Cryptogift and are protected by applicable intellectual property laws and treaties. You have no rights with respect to Developer's Tools or Cryptogift Marks except as expressly set forth herein. If you obtain Cryptogift's prior written consent, you may use and display Cryptogift's name and logo ("Cryptogift Marks") solely to attribute the Developer's Tools as the source of your Application.
No Warranties. Cryptogift will provide Cryptogift Service at an “as is” and “commercially available” condition, and does not offer any form of warranty with regards to the Service’s reliability, stability, accuracy and completeness of the technology involved. Cryptogift serves merely as a venue of transactions where coin-related information can be acquired and coin-related transactions can be conducted. Cryptogift cannot control the quality, security or legality of the coin involved in any transaction, truthfulness of the transaction information, or capacity of the parties to any transaction to perform their obligations under the rules. You must carefully consider the associated investment risks, legal status and validity of the transaction information and investment decisions prior to your use of the Cryptogift Services provided.
Release of Cryptogift. If you have a dispute with one or more users of the Cryptogift Services, you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives will be liable for any claims, demands and damages (actual and consequential) of any kind or nature arising out of or in any way connected with such disputes.
Limitation of Liability
You acknowledge and agree, Cryptogift shall not be liable for any of your losses caused by any of the following events, including but not limited to:
● Losses of profits, goodwill, usage or data or any other intangible losses
● Use or failure to use Cryptogift Service
● Unauthorized use of your account or unauthorized alteration of your data by third parties
● Your misunderstanding of Cryptogift Service
● Any other losses related to Cryptogift Service which are not directly attributable to Cryptogift
In no event shall Cryptogift be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems or governmental acts.
Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our or their respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
Safety and Security of Your Computer and Devices. Cryptogift is not liable 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 us. Cryptogift customer support will never ask to screen share or otherwise seek to access your computer or account; similarly, we will not ask for your two factor authentication codes. Always log into your Cryptogift Account through the Cryptogift mobile app to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences.
The Party in default on its obligations hereunder shall promptly cure the breach and take due measures to eliminate the consequences. Any dispute arising out of or in connection with this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity) shall be referred to and finally resolved by arbitration under the Arbitration Rules of the London Court of International Arbitration.
If any dispute occurs as to the performance or interpretation of the present Agreement that cannot be resolved amicably or in arbitration the Company is entitled to demand the dispute be settled by the Court in location where the Cryptogift resides.
Compliance with local laws. It is the responsibility of the user to abide by local laws in relation to the legal usage of Cryptogift in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of Cryptogift and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. Cryptogift maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of users which are flagged out or investigated by legal mandate.
Other. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
We may ask you to agree to additional terms for certain of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional terms.
Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
Any amendment to or waiver of our Terms requires our express consent.
We may amend or update these Terms. We will provide you notice of amendments to our Terms, as appropriate, and update the “Last Modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services.
You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
If we fail to enforce any of our Terms, it will not be considered a waiver.
Last modified: April 2, 2018
Cryptogift and its affiliates (hereinafter “Cryptogift”, “we”, “us” or “our”) undertakes to take maximum efforts in order to protect your privacy. When we ask for certain personal information from users it is because we are required by law to collect this information or it is relevant for specified purposes. Any non-required information you provide to us is done so voluntarily. You decided whether to provide us with these non-required information; you may not be able to access or utilize all of our Services if you choose not to.
This policy together with the User Agreement and other documents referred to it defines the principles and rules on the basis of which we collect, process and use your personal data.
Please read this document carefully in order to understand our approach and policy regarding your personal data and how we will use your personal data.
For the purpose of the Data Protection Act 1998 (the "Act"), the data controller is CG Partners Group LLP (a company, registered in 311 Shoreham Street, Sheffield, South Yorkshire, United Kingdom, S2 4FA) and any questions relating this policy should be directed to CG Partners Group LLP: 311 Shoreham Street, Sheffield, South Yorkshire, United Kingdom, S2 4FA.
THE PERSONAL INFORMATION WE COLLECT
PERSONAL INFORMATION COLLECTED
We collect personal information to provide you with our Services. When we require certain personal information from users it is because we are required by law to collect this information or it is relevant for specified purposes. Any information you provide to us that is not required is voluntary. You are free to choose whether to provide us with the types of personal information requested, but we may not be able to serve you as effectively or offer you all of our Services when you do choose not to share certain information with us.
We may collect and process the following data about you:
Personal Identification Information: Full name, date of birth, age, gender, signature, photographs, phone number, home address, and/or email.
Transaction Information: Information about the transactions you make on our Services, such as the name of the recipient, your name, the amount, and/or timestamp.
Technical information, including the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.
WHY WE USE YOUR PERSONAL DATA
We are going to use your personal data for the following purposes:
To comply with legal and regulatory requirements. Respect for the privacy and security of data you store with Cryptogift informs our approach to complying with regulations, governmental requests and user-generated inquiries. We will not disclose or provide any personal information to third party sources without review from our legal case team and/or prior consent from the user.
To ensure network and information security. We process your personal information in order to enhance security, monitor and verify identity or service access, combat spam or other malware or security risks and to comply with applicable security laws and regulations. The threat landscape on the internet is constantly evolving, which makes it more important than ever that we have accurate and up-to-date information about your use of our Services. Without processing your personal information, we may not be able to ensure the security of our Services.
To communicate with you. We use personal information collected, like an email address to interact with users directly when providing customer support on a ticket or to keep you informed on log ins, transaсtions, and security. Without processing your personal information for confirming each communication, we will not be able to respond to your submitted requests, questions and inquiries. All direct communications are kept confidential and reviewed internally for accuracy.
DISCLOSURE OF YOUR PERSONAL DATA
We may share your personal information with any member group, which means our subsidiaries, our ultimate holding company and subsidiaries, as defined in the UK Companies Act 2006.
We may share your information with selected third parties including:
● business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
● analytics and search engine providers that assist us in the improvement and optimisation of our site.
We may also disclose your personal data to third parties in the following cases:
● if we sell or buy any business or assets. Personal data of users may be disclosed to a potential buyer or seller;
● if we are required to disclose or transfer personal data of the user in accordance with any applicable laws or within the implementation of decisions of the relevant courts, or we are compelled to force users to comply with the terms and conditions of the agreements concluded with us; in case it is necessary to protect own rights, own property, to guarantee the safety of Cryptogift, our users or others. This includes the exchange of information with companies and organizations to prevent fraud and reduce the likelihood of default by borrowers in conducting margin transactions.
HOW WE PROTECT AND STORE PERSONAL INFORMATION
We understand how important your privacy is, which is why Cryptogift maintains (and requires its service providers to maintain) appropriate physical, technical and administrative safeguards to protect the security and confidentiality of the personal information you entrust to us.
However, we cannot guarantee that loss, misuse, unauthorised acquisition, or alteration of your data will not occur. Please recognise that you play a vital role in protecting your own personal information. When registering with our Services, it is important to choose a password of sufficient length and complexity, to not reveal this password to any third-parties, and to immediately notify us if you become aware of any unauthorised access to or use of your account.
If you suspect that your personal information has been compromised, especially account and/or password information, please lock your account and contact Cryptogift customer service immediately.
CHILDREN'S PERSONAL INFORMATION
We do not knowingly request to collect personal information from any person under the age of 18. If a user submitting personal information is suspected of being younger than 18 years of age, Cryptogift will require the user to close his or her account and will not allow the user to continue buying or selling digital currencies. We will also take steps to delete the information as soon as possible. Please notify us if you know of any individuals under the age of 18 using our Services so we can take action to prevent access to our Services.
RETENTION OF PERSONAL DATA
Cryptogift will try to limit the storage of your personal information to the extent that storage is necessary to serve the purpose(s) for which the personal information was processed, to resolve disputes, enforce our agreements, and as required or permitted by law.
We may access your personal data or retain it for a longer period if it will be subject to an official request or legal obligation, an investigation by the government or an investigation into possible violations of our terms and conditions, or in other cases to prevent possible harm based on our reasonable considerations.
If you have any complaints, feedback or questions, kindly contact firstname.lastname@example.org and we will in our best efforts try to resolve it for you.