EC SA - Website Terms of Service

TERMS OF SERVICE

Last Update: 17 March 2022

PLEASE READ THESE TERMS CAREFULLY WHEN USING OR ACCESSING EASY CRYPTOS (we us our Easy Crypto) WEBSITE (Website), PLATFORM AND SERVICES OR THE MOBILE APPLICATION SUPPORTING OR HOSTING THE SERVICES (Services).

BY ACCESSING, COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, BY CLICKING THE SUBMIT OR ACCEPT OR BUY OR SELL BUTTONS ON OUR WEBSITE OR RELATED TO THE SERVICES, YOU AND/OR ANY ENTITY (the User) USING THIS WEBSITE AND SERVICES, REPRESENT AND WARRANT THAT: (i) YOU ARE AUTHORIZED TO BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE WEBSITE AND SERVICE AND (ii) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS AND (iii) YOU HAVE READ AND UNDERSTOOD THE RISKS OF TRADING AND/OR HOLDING DIGITAL CURRENCY SECTION IN CLAUSE 3 BELOW.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CREATE A USER ACCOUNT AND MUST CEASE USING THE SERVICES IMMEDIATELY.

1.          The Platform and Services

1.1.             The website terms and conditions as set out hereunder (Site Terms) shall apply to any individual (acting in a personal and/or representative capacity) that registers and opens up a User Account (Account) on www.easycrypto.com or any mobile applications capable of running and hosting the Platform and Services. The User agrees at all material times to comply with the Site Terms for as long as the User has an Account.

1.2.             The Platform enables individuals who sign up to use our Services to acquire crypto currency or crypto assets (Digital Currency). Our Services include the purchase, sale and exchange of Digital Currency using the Platform (collectively the Services).

2.          Acceptance of Terms

2.1.             The User acknowledges and accepts that the Site Terms are legally binding and enforceable and amounts to a legally binding agreement between the User and Easy Crypto,

2.2.             The User acknowledges that it is solely responsible for understanding and ensuring compliance with all applicable laws and regulations in the jurisdiction where the User resides, as far as it relates to the use of the Website, Platform, Services and Account. Depending on the Users country of residence, these include but not limited to export or import activity, taxes, or foreign currency transactions.

2.3.             Easy Crypto reserves the right to delay or refuse any transaction(s) if reasonable grounds exist to suspect fraud (or the potential risk thereof) or illegal activity or transactions, or where an error may have been made. Easy Crypto shall have no liability to the User in these circumstances, where a delay in or non-completion of a transaction occurs.

3.          Registration and Eligibility

3.1.             To use the Platform and Services you must register and create an Account in accordance with the requirements of the Platform:

3.1.1.                You may only create an Account:

3.1.1.1.                   if you are at least 18 years old, or if under 18 you can provide evidence of parent/guardian permission to use the Services;

3.1.1.2.                   if you provide accurate, complete and truthful information as required by our Account creation process;

3.1.1.3.                   if you provide a valid identity document, proof of address, email address and password;

3.1.1.4.                   agree to provide true, accurate and current information to our duly authorised compliance officer (CO) for onboarding and verification purposes, this information and screening process is to ensure compliance with the applicable Know-your-client (KYC) and anti-money laundering legislation that apply in terms of South African law; and

3.1.1.5.                   consent to us contacting you telephonically or via email about your Account and your User profile (including to verify the personal information that you have provided to us in your Account and User profile) or the Services.

3.1.2.                If we deem necessary, you acknowledge and agree to our duly authorised CO conducting an enhanced due diligence (EDD) and verification check on you for purposes of creating and/or validating your Account, this process shall include but not be limited to:

3.1.2.1.                   a full KYC onboarding process;

3.1.2.2.                   screening check which includes a watchlist and adverse media search; and

3.1.2.3.                   verifying your bank account, which includes furnishing us with the necessary bank details and bank statements to verify your deposit and/or withdrawal requests.

3.1.3.                Your Account is part of the Services and may be used for, among other things, accessing your customer data. The User is solely responsible for maintaining the confidentiality of the Account and password and agrees to accept responsibility for all activities that occur under the Account. By creating an Account, you authorise Easy Crypto to use your personal information to make enquiries to verify your identity either directly or through third parties, in order to protect our Platform, Services and other users against fraud or illegal activities and to meet our anti-money laundering requirements.

3.1.4.                Easy Crypto conducts all Services and use of User personal information, with strict compliance in relation to the Protection of Personal Information Act and Financial Intelligence Centre Act and Regulations that are issued from the relevant authorities. For more information on our collection, use and storage of personal information, please see our Privacy Policy.

3.1.5.                Having due regard to the provision of these aforesaid legislation, if we are not satisfied with the outcome of such enquiries, we may in our absolute and sole discretion refuse to open your Account or terminate your Account immediately based on our internal policies and procedures.

3.1.6.                You must notify Easy Crypto immediately of any unauthorised access or use of your Account, password or any other applicable breach of our Platform and Services by submitting a support request on our website.

3.1.7.                You understand that anyone accessing your Account will be able to enter into transactions on your behalf, and Easy Crypto has no obligation to verify or take any steps to verify any instruction received from you or appearing to be sent by you.

3.1.8.                Importantly, you agree that you will:

3.1.8.1.                   not share your password, login information, or other security related information with any other person that may allow them to access your Account;

3.1.8.2.                   not permit any other person to use or access your Account or login information;

3.1.8.3.                   notify us if there has been, or you suspect there will be, any unauthorised use of your Account; and

3.1.8.4.                   only create one Account, you will not register as a user under multiple personas (whether false or not).

3.1.9.                By registering and opening an Account, you expressly warrant and represent that:

3.1.9.1.                   you have the full legal capacity to enter transactions and be bound by these Site Terms (as well as the Privacy Policy);

3.1.9.2.                   you will open only one account which is in your name and not in someone elses;

3.1.9.3.                   you will not use your Account to carry out transactions on behalf of a third-party;

3.1.9.4.                   you warrant and agree that attempting to gain (or aiding someone else) in the unauthorised access to any Account is not permitted under any circumstances;

3.1.9.5.                   you will provide security for transactions carried out through your Account. You will ensure that there is sufficient local currency or Digital Currency (as the case may be) in your Account in advance of any transaction;

3.1.9.6.                   deposits must be made in accordance with the deposit requirements;

3.1.9.7.                   withdrawals will be done (only) in accordance with our withdrawal measures;

3.1.9.8.                   you will not use your Account for or in relation to any illegal activity, in violation of any laws, statutes, ordinances or regulations, or in breach of the Site Terms.

3.1.10.             Risks of Trading and/or Holding Digital Currencies

3.1.10.1.                The User will take all reasonable steps to ensure that it understands and is fully aware of the risks and volatile nature of Digital Currencies. The risks involved in Digital Currencies are far reaching and it is recommended you assess your financial position before engaging and using our Platform and Services.

3.1.10.2.                Before using the Platform and Services, the User is required to ensure that it understands the risks involved in buying, selling or trading Digital Currencies. Cryptocurrency markets can be volatile, and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your deposit.

3.1.10.3.                The User should carefully assess whether its financial situation and risk tolerance is suitable for buying, selling or trading Digital Currency. The User accepts and agrees that it is solely responsible for any decision to buy, sell, trade or otherwise hold or deal with Digital Currencies on the Website and Platform.

3.1.11.             In light of the above, you acknowledge and agree that:

3.1.11.1.                the trading and/or holding of Digital Currencies is unlike traditional currencies, goods or commodities in the market: it involves significant and exceptional risks and the losses can be substantial. You should carefully consider and assess whether trading or holding of digital currency is suitable for you depending upon your financial circumstances and tolerance to risk and you should take independent financial advice;

3.1.11.2.                we have not advised you to, or recommended that you should, use the Platform and/or Services, or trade and/or hold Digital Currencies;

3.1.11.3.                once a transaction involving the transfer of Digital Currencies has been completed, it is impossible to reverse it;

3.1.11.4.                unlike other traditional forms of currency, Digital Currency is not backed by a central bank, government or legal entities. As such, the value of Digital Currencies is extremely volatile and may change in value depending upon the market, confidence of investors, competing currencies, regulatory announcements or changes, technical problems or any other factors. Easy Crypto makes no warranties or representations as to the future value of any Digital Currencies and accepts no liability for any change in value of your portfolio;

3.1.11.5.                you must exercise extreme caution whenever you select, store or transmit your private keys that relate to your Digital Currency. If another person learns your private key then they can take your funds. If you forget or lose your private key or password, you acknowledge that (i) we do not keep a record of that private key; (ii) that we cannot provide a back-up; (iii) you will not be able to access Digital Currency; and (iv) you will lose your Digital Currency;

3.1.11.6.                if you choose to provide us with an address to send your Digital Currency to, it is your sole responsibility to ensure that you have entered a correct and valid wallet address which is based in South Africa. The address details shall be subject to Easy Cryptos verification and disclosure procedure. Easy Crypto is not responsible or liable for any loss of Digital Currency due to you providing us with an incorrect wallet address, and

3.1.11.7.                Easy Crypto is not responsible for providing any support, advice or communication regarding your Digital Currencies once they have been received by you.

4.          Disclosures

4.1.             You acknowledge and understand that Easy Crypto does not issue or offer financial products or provide any financial advice as may be defined in terms of the Financial Advisory and Intermediary Services Act 37 of 2022, and no offer or other disclosure document has been, or will be, prepared in relation to the Services, the Platform and/or any of the Digital Currencies, under the relevant statutory legislation and regulation as prescribed.

5.          Appointment

5.1.             You appoint Easy Crypto, and Easy Crypto accepts the appointment, to act as your agent for the purchasing of Digital Currencies that you have ordered through your Account on our Platform, in accordance with the Site Terms.

6.          User Obligations

6.1.             You acknowledge and agree that Easy Crypto will process your transactions through the Platform in accordance with your instructions, and you should carefully verify all instructions before placing any orders for Digital Currency. If there is an error in those instructions, you accept full responsibility and liability for any loss you may incur and indemnify Easy Crypto from any claims howsoever arising, as we do not accept any responsibility or liability under these specific circumstances.

6.2.             The purpose of our Platform and Service rules is to facilitate an easy, safe and enjoyable experience for all users.

6.2.1.                When you use our Platform or Services, you warrant and agree that you will:

6.2.1.1.                   comply at all times with South African law;

6.2.1.2.                   not interfere with or attempt to impair our computer systems or transit software viruses, worms, other harmful files or other malware;

6.2.1.3.                   not use a robot, spider, scraper or other unauthorised automated means to access the Platform or the Services or any content shown on the Platform;

6.2.1.4.                   not attempt to gain unauthorised access to any part of the Platform or the Services, including attempting to gain access to a Account other than yours;

6.2.1.5.                   not attempt to reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Platforms source code, formulas or processes;

6.2.1.6.                   ensure that all information that you provide to us is current, complete and accurate (including your contact details);

6.2.1.7.                   not use the Platform and/or the Services to engage in any restricted or criminal activities, including:

6.2.1.7.1.                                   financing terrorist organisations;

6.2.1.7.2.                                   money laundering;

6.2.1.7.3.                                   child abuse syndicates;

6.2.1.7.4.                                   illegal gambling;

6.2.1.7.5.                                   fraud;

6.2.1.7.6.                                   distributing or funding drugs and drug paraphernalia; or

6.2.1.7.7.                                   malicious hacking;

6.2.1.7.8.                                   high risk exchanges;

6.2.1.7.9.                                   parties who are known to be in possession of stolen money or involved in any form of criminal activity, cybercrime and/or white-collar crimes;

6.2.1.7.10.                                not use the Platform or Services for:

6.2.1.7.10.1.                                         wire transfer money orders;

6.2.1.7.10.2.                                         as a means to transfer funds between bank accounts;

6.2.1.7.10.3.                                         to carry out any act that is illegal in South Africa or in the jurisdiction where the person carrying out the activity is resident, domiciled or located; or

6.2.1.7.10.4.                                         commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;

6.2.1.7.10.5.                                         only use the Platform and the Services to purchase Digital Currency on your own behalf, and not on behalf of anyone else;

6.2.1.7.10.6.                                         not use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform; and

6.2.1.7.10.7.                                         not do anything else that may interfere with or negatively affect the operation of our Platform, the Services or other users use and enjoyment of the Services and/or the Platform.

6.3.             Easy Crypto encourages you to report any problems or vulnerabilities with our Platform and Services by submitting a support request on our website.

7.          Transactions and Service Fees

7.1.             To purchase Digital Currency using the Platform and Services, you must:

7.1.1.                Sign into your Account;

7.1.2.                Select your chosen Digital Currency; and

7.1.3.                Specify how much money in the selected currency you would like to spend on the Platform, up to an order total of R 50,000 or as otherwise set by us (Spend Amount).

7.1.4.                At this point you will be provided with an estimated rate of how much of your nominated Digital Currency can be bought with the Spend Amount. You acknowledge that this rate is not fixed and given the volatile nature of digital currencies, may have changed by the time that we purchase the relevant Digital Currency on your behalf; and is inclusive of all fees, including: exchange fees (if applicable); and our processing fee, which we are entitled to deduct from the Spend Amount for processing the transactions on our Platform, at the rate set out here https://help.easycrypto.com/article/340-sa-service-charges (Service Fees).

7.1.5.                You acknowledge and agree that Easy Crypto does not accept any cash payments;

7.1.6.                You acknowledge and agree that Easy Crypto shall be entitled to deduct in real time our Service Fees from the Spend Amount held in your Account;

7.1.7.                Should any error occur which results in Easy Crypto not being able to debit its Service Fees from your Account, you agree and consent that Easy Crypto shall be entitled to debit your Account to recover the funds due in terms of the Service Fees (whether in fiat or Digital Currency), howsoever arising in accordance with this Terms of Service.

7.1.8.                You acknowledge and agree that Easy Crypto shall be entitled to deduct its fees from the Spend Amount where we in our sole discretion terminate or ban your Account for non-compliance, uncooperative conduct and engaging in activities or transactions which are in breach of our Site Terms. For sake of clarity, in these circumstances, Easy Crypto will process a refund of your Spend Amount, less our fees.

7.2.             To complete the transaction and purchase the Digital Currency, you must:

7.2.1.                click BUY NOW; and

7.2.2.                pay through our payment gateways available on our Website or promptly deposit the Spend Amount by direct and immediate payment into our bank account.

7.3.             You acknowledge and agree that:

7.3.1.                We will purchase any Digital Currency on your behalf once we have received either:

7.3.1.1.                   Confirmation that you have made a payment using one of the payment options provided on our site which has cleared into our nominated bank account (details of which are provided to you when you confirm your order);

7.3.1.2.                   Once you have clicked BUY NOW and weve received confirmation that you have paid through our site or deposited the Spend Amount into our bank account, the transaction for the purchase of Digital Currency cannot be cancelled or amended by you, and you remain liable for paying us (, for example, if the bank processing your payment into our account delays or prevents that payment being completed); and

7.3.1.3.                   We will use reasonable endeavours to process your transaction within as soon as reasonably possible but by no later than 1 working day of us receiving confirmation that the Spend Amount is cleared funds into our nominated bank account.

7.3.2.                You acknowledge that if payment of the Spend Amount is completed through one of our payment gateways, the Spend Amount may only reflect in our nominated bank account within 24 up to 48 hours. Notwithstanding the above, we will use all reasonable endeavors to comply with clause 7.3.1.3 above.

7.3.3.                The buying and selling of any Digital Currency on the Platform is deemed to take place in South Africa. On completion of the transaction, you are deemed to take possession of your Digital Currency in South Africa based on the wallet details you have provided to Easy Crypto.

7.3.4.                The Services are subject to exchange fees and exchange rates (if any) at the time of our purchase of the relevant Digital Currency on your behalf. These rates may vary from those shown at the time that you place your order. Easy Crypto accepts no responsibility or liability for any change in such exchange fees or rates that result in a loss of value occurring during processing of your order.

7.4.             We reserve the right to delay, suspend or cancel a transaction if:

7.4.1.                we believe the transaction may include, enable or be linked to illegal activity, including the activities outlined above;

7.4.2.                there are technical reasons that prevent us from completing the transaction; or

7.4.3.                we receive a request from a law enforcement or government agency to do so.

7.4.4.                you fail to notify us within 10 working days after you have clicked BUY NOW and deposited the Spend Amount into our bank account, that you have not received delivery of your Digital Currencies;

7.4.5.                We may exercise our rights under clause 8.4 at our sole discretion and are not required to provide our reasons for doing so.

8.          Transactions On Cryptocurrency Networks

8.1.             Easy Cryptos transactions are recorded in the public ledger associated with the relevant cryptocurrency. That cryptocurrency network is responsible for verifying and confirming any such transactions. Easy Crypto cannot confirm, cancel, or reverse transactions on a cryptocurrency network, other than confirming to the User that the applicable network has completed the transaction.

8.2.             The User accepts and agrees that:

8.2.1.                Once the transaction is submitted to the cryptocurrency network, the transaction will only be confirmed once sufficient confirmation of the transaction has been obtained by the network. A transaction is not complete while it is in a pending state. Funds associated with transactions will not be included or available to the User in his/her wallet once the transaction has been verified;

8.2.2.                When the User sends cryptocurrency from the Account, the User authorises Easy Crypto to submit a transaction request to the relevant cryptocurrency network. Once a transaction request is submitted to the network, it will automatically complete or reject the request and neither you nor Easy Crypto will be able to cancel or modify the Users transaction;

8.2.3.                Cryptocurrency networks are operated by independent Third Parties. It is not owned, controlled, or operated by Easy Crypto, therefore Easy Crypto cannot guarantee that the transaction details the User submits will be confirmed by the relevant cryptocurrency network. The User agrees that any transaction details submitted may not be completed, or may be substantially delayed, by the cryptocurrency network which is used to process the transaction.

9.          Withdrawals

9.1.             In terms of South African law, no Digital Currencies may be sent to a wallet or be exported to an offshore decentralized platform or exchange which is not locally based.

9.2.             In terms of the above clause, the User agrees to nominate a wallet which is based in South Africa, and expressly understands that in the event Easy Crypto establishes or determines that such wallet is not locally based, it may in its absolute and sole discretion cancel the withdrawal request and process a refund or place the withdrawal request on hold until such time the User provides the details of the wallet which is locally based.

9.3.             Withdrawals are processed by Easy Crypto in accordance with the Users instructions provided that such instructions comply with Easy Cryptos withdrawal policy and procedure.

9.4.             The User is solely responsible for ensuring that any Withdrawal instructions provided are complete and correct and the User accepts and agrees that under no circumstances will Easy Crypto be under any obligation to reverse or amend any Withdrawal instructions. Easy Crypto provides no guarantee in relation to the Withdrawal processing time but all reasonable endeavors shall be made to ensure it is actioned promptly. The User acknowledges that withdrawals to third-party bank accounts are expressly prohibited.

10.        Network Protocols and Operating Rules

10.1.          The software protocols that govern the operation and functionality of the Digital Currencies are open source. Anyone can use, modify, copy and distribute them and Easy Crypto has no ownership of or control over these protocols. By using the Website, Platform and Services, the User accepts and agrees that:

10.1.1.             Easy Crypto is not responsible for the operation of any cryptocurrency networks underlying software protocols and makes no guarantee regarding the security, operation or functionality;

10.1.2.             the underlying software protocols are subject from time to time to sudden changes in operating rules may materially affect the value, function and/or the name of any cryptocurrency you store in your Account.

11.        Service Limits Representations, Warranties and Disclaimers

11.1.          No warranties

11.1.1.             Any Services offered in connection with Easy Crypto are provided "AS IS" without any representation or warranty, whether express, implied, or statutory. To the maximum extent permitted by applicable law, we specifically disclaim and exclude any and all implied warranties, representations, conditions that may be enforced in terms of the statutory and common law.

11.1.2.             Easy Crypto makes no warranty that any of the Platform and Services will be free from viruses, malware, or other related harmful material. Easy Crypto makes no representation that the Users ability to access the Platform and Services will be totally uninterrupted as all times. Easy Crypto will endeavour to mitigate any issue(s) which may impact the User ability to access the Platform and Services.

11.1.3.             Easy Crypto shall not be responsible or liable to the User for any loss of any kind (direct or indirect), from action taken, or taken in reliance on material, or information, contained on or through the use of the Platform and Services.

11.1.4.             Each of the warranties given by the User will be treated as a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in Site Terms; and shall continue and remain in force whether the Account is active, cancelled; or suspended, and be deemed to be material.

11.1.5.             You acknowledge that any transactions that you enter into, using the Platform or the Services are entirely done at your own risk. You assume sole responsibility for the results you obtain through the use of the Platform and Services. While we will take reasonable care to ensure that the information available on or accessed through the Platform and/or the Services is correct, you acknowledge that you have carried out you own research and you have satisfied yourself that any decision taken is done on an informed basis. You also accept that you are solely responsible for the actions you take in relying on that information.

11.1.6.             The Platform and the Services are provided on an as is and as available basis and we give no express warranties, and disclaim and exclude all implied conditions or warranties, as to the Platform and the Services. Without limiting the foregoing, we do not:

11.1.6.1.1.                   give any warranties of merchantability, fitness for a particular purpose and non-infringement;

11.1.6.1.2.                   warrant that the Platform and/or the Services will be compatible with your equipment; or

11.1.6.1.3.                   warrant that the Platform and/or the Services will be free from errors, loss, destruction, interruption, corruption (including corruption of data), or that the Platform and/or the Services will be timely or secure.

11.1.7.             You acknowledge that the Platform does not contain all information that you will require in order to evaluate whether or not you should invest, use or trade in a Digital Currency. We also do not warrant the accuracy or correctness of information displayed on the Platform and we give no warranties or guarantees or accept any liability (except that which cannot be excluded by law) in relation to the statements, representations and information displayed on the Platform

11.1.8.             You should independently satisfy yourself as to the accuracy of all information provided through the Platform.

11.1.9.             You confirm that you are fully responsible for any tax obligations that may become due to the South African Receive Service (SARS) by the use of our Services, which may include any remittances that you may be obliged to pay.

11.1.10.           You acknowledge that there are limitations imposed by the regulator in terms of the exchange control transactions relating to the exportation of capital and/or the right to capital. You agree not to take advantage by using the Services to circumvent the exchange control regulations or any tax obligation that you may to SARS unless:

11.1.10.1.                     You have informed, applied and instructed your duly authorised dealer (i.e bank) to report the intended transaction to Easy Crypto as one which falls within your single discretion allowance of up to R 1 000 000.00 (one million rand) (SDA);

11.1.10.2.                     You have received approval from your authorised dealer that the intended contemplated in 11.1.10.1 has, if required by law, been (i) reported; and (2) approved,; and

11.1.10.3.                     Easy Crypto has received proof directly from the User, or its authorised dealer, that the intended transaction was indeed reported and/or approved, or alternatively confirmation that a law reason exists that the intended transaction is not required to be reported and/or approved to the SDA applying.

12.        Termination

12.1.          Easy Crypto reserves the right to close, terminate, enable or disable the Platform, Services and Account at any time and for any reason. The User may close the Account at any time and for any reason.

12.2.          The User agrees that it is solely responsible for any fees incurred or associated with the closure of the Account (if any) which includes (but not limited to) any association with Third Parties.

12.3.          In addition to the above, Easy Crypto may in its sole and absolute discretion suspend, limit, restrict or deactivate the access to the Platform and Services, including your Account, if:

12.3.1.             we receive a serious complaint or multiple complaints from third parties and upon investigation, which proves to be true;

12.3.2.             you gain or attempt to gain unauthorised access to the Platform or another members Account;

12.3.3.             there is a technical or operational difficulty;

12.3.4.             we consider and determine in our sole discretion, that any conduct by you (whether or not that conduct is related to the Platform or the Services) is in breach of the Site Terms

12.3.5.             you use or attempt to use the Platform in order to perform illegal or criminal activities, whether knowingly or unknowingly;

12.3.6.             your use of the Platform is subject to any pending investigation, litigation or government proceeding;

12.3.7.             you fail to pay or fraudulently pay for any transactions;

12.3.8.             you breach these Site Terms;

12.3.9.             your conduct may, in our sole and absolute discretion brings Easy Crypto into disrepute or adversely affect our reputation or image;

12.3.10.           you are participating in a pyramid scheme, ponzi scheme, or other type of scam, whether knowingly or unknowingly; and/or

12.3.11.           we receive a valid request from a law enforcement or government agency to do so.

12.4.          Subject to clause the provisions of clause 12, we will use reasonable endeavours to restore your access to the Platform and Services, including your Account, within 7 days of you demonstrating to us, acting reasonably, that the reason for such suspension, limitation, restriction or deactivation no longer exists.

13.        Limitation of liability

13.1.          Easy Crypto will not, under any circumstances, be liable to the User for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts which the User may sustain or suffer (or threatened) as the result of, whether directly or indirectly, any act or omission in the course of or in connection with the implementation of these Site Terms of Platform and Services, or in the course of the discharge or exercise by the parties or their employees, agents, professional advisors or delegates of their obligations or rights in terms of these Site Terms.

13.2.          Easy Crypto will also not be liable to pay damages to the User in the form of actual, punitive, or Digital currency due to any malfunction or system error which includes technology, internet connection, software, hardware, networks, etc. Furthermore, Easy Crypto will also not be liable to you for losses or damage associated with network forks, replay attacks, double-spend attacks, sybil attacks, 51% attacks, governance disputes, mining difficulty, changes in cryptography or consensus rules, hacking or cyber security breaches, which includes and shall not be limited to the following:

13.2.1.             corruption or loss of data or other information;

13.2.2.             malware that may be transmitted to your computer by use of the Services and/or the Platform;

13.2.3.             interruption, suspension or discontinuance of the Platform or the Services; or

13.2.4.             time delays or time differences between the time shown and recorded on our systems and the time shown and recorded on your own computer or mobile device and systems (as the date and time that you see when you use the Services is based on the date and time settings of your own computer or mobile device).

13.2.5.             Notwithstanding clause 13 and any other claims a User may in accordance with these Site Terms, if Easy Cryptos conduct is found by a competent authority to amount to wilful misconduct or gross negligence which has resulted in any loss, cost, damage or expense arising out of or in connection with your use of the Platform or the Services, our maximum aggregate of liability to the User will be limited to one per cent (1%) of the total value that you have paid to us in the previous twelve months of the year concerned.

13.2.6.             We have no liability to you for any lack of performance, unavailability or failure of the Platform and/or the Services, or failure to comply with these Site Terms, due to circumstances out of our control, including change of law, regulations or policy, or an event of force majeure.

14.        Indemnity

14.1.          You hereby indemnify and hold harmless Easy Crypto (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time) against any claim by any third party for any costs, damages (including, without limitation, indirect, extrinsic, special, penal, punitive or exemplary loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts arising from:

14.1.1.             your use of the Platform and/or the Services;

14.1.2.             any action Easy Crypto takes under your instruction;

14.1.3.             any breach of these Site Terms or Privacy Policy;

14.1.4.             any information that you provide to us via this Platform; or

14.1.5.             liability relating to intellectual property rights and breaches of privacy; and

14.1.6.             or arising from any breach of any of any obligations or duties under these Site Terms.

15.        Use of our Platform and Services

15.1.          Security

15.1.1.             The User acknowledges and agrees that:

15.1.2.             the transmission of information over the internet (including to or from the Platform) is not completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this Platform may not be secure and you should use discretion in deciding what information you send to us via these means; and

15.1.3.             emails to and from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

15.2.          Linking

15.2.1.             This Platform may contain links to other websites (Third Party Websites). When you click on those links or access Third Party Websites through the Platform, we may earn a payment as a result of that referral.

15.2.2.             We make no representation or warranty as to, and are not responsible or liable for, the Third Party Website, the accuracy, legality, decency or any other aspect of any content that is on that Third Party Website (Third Party Content) nor for any infringement of third party intellectual property rights as a result of hosting links to Third Party Websites and Third Party Content on the Platform.

15.2.3.             All statements, representations, offers, products or services provided through Third Party Websites and Third Party Content are the sole responsibility of the operator of the Third Party Website or the author of the Third Party Content and in so far as such links to Third Party Websites or Third Party Content are hosted on the Platform they are done so at the request of the operator or author for the purposes of promoting their offers, products and services. Except where expressly stated otherwise, we do not act as agent, representative, partner or in any other capacity on behalf of such operator or author. The inclusion of a Third Party Website does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, third party goods or third party services referred to on it.

15.3.          Cookies

15.3.1.             We may use cookies to identify your computer on our server and so we can track your use on our Platform. In some instances, cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.

15.4.          Supported mobile devices and browsers

15.4.1.             For optimum performance, we recommend that you use the latest version of your current Web browser to access the Platform. It is the intent of Easy Crypto that all of its Web pages and Web-based applications will work well with Google Chrome and the current stable release and one previous release of Mozilla Firefox, Apple Safari, and Microsoft Edge.

15.4.2.             Web browsers that are fully compatible with these browsers and older versions of these browsers may also be suitable, but Easy Crypto does not design or maintain services, or test for browsers that are not listed above.

16.        Financial Advice

16.1.          No information posted on the Website will constitute financial advice nor do we offer brokerage services, which may include investment advice or portfolio management in relation to our Platform and Services.

16.2.          No information from any Easy Crypto employee, agent or affiliate will constitute financial advice or an offer of Brokerage Services.

16.3.          The financial decisions that the User makes are the Users alone and it is the Users prerogative as to what happens to the Digital Currency and actual currencies. Any tax (or related) matters should be discussed with a professional in your region.

17.        Duty to Report

17.1.          In accordance with these Site Terms, you acknowledge and accept that as part of our Services, we have a reporting duty to our authorised dealer and any payment partners in respect of any transactions conducted on our Platform. This reporting responsibility requires us to report any unusual or suspicious transaction to the applicable regulatory authorities of South Africa which includes the Financial Intelligence Center, SARS, financial surveillance department and any central banks.

17.2.          Subject to clause 17.1 above, should any lawful reason exist, you acknowledge and consent to us disclosing your activity, transaction and/or User Data to our authorised dealer, payment partners and the applicable regulatory authorities regarding the use of our Services.

18.        Auditing and Monitoring

18.1.          As part of Easy Crypto's risk management and compliance program (to manage compliance with these Site Terms and any law or requirement by any authority), we reserve the right to:

18.2.          review, audit and monitor (manually or through automated means) your use of the Platform and/or the Services;

18.3.          take any action we deem appropriate in our sole discretion in accordance with our policies, including suspending or terminating your Account, editing, removing or blocking any content that we deem inappropriate or unacceptable, and in the case of any illegal or suspected illegal activity, reporting any matters to the appropriate authority; and

18.4.          access, collect, preserve or disclose information about your use of the Services and/or the Platform (including your communications and content you submit) as is necessary to:

18.4.1.             comply with any legal process;

18.4.2.             enforce these Site Terms;

18.4.3.             respond to any claims or complaints about any content you submit, or act or omissions by you;

18.4.4.             respond to your customer service requests; and

18.4.5.             protect the rights, property, safety of us, any user or the public.

19.        Intellectual Property

19.1.          All Intellectual Property Rights in and to the Platform, the Services, and the software and other material underlying and forming part of the Platform and the Services (Platform Material) is owned by us (and/or our suppliers and licensors), except where expressly stated otherwise in these Site Terms or elsewhere on the Platform.

19.2.          When using this Platform and/or the Services, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use those software, tools or applications only as required for your use of the Platform and the Services and as expressly permitted in these Site Terms.

19.3.          You may download and print content from this Platform for your own personal or internal business purposes only. You must not use, reproduce, store, publish, adapt, communicate to the public, distribute to third parties, amend, create derivative works from any part of the Platform or the Services without our prior written consent or otherwise do anything that would infringe our Intellectual Property Rights in the Platform or the Platform Material.

19.4.          Reference on the Platform to any companies, products, services, branding, offers or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or the respective trademark owner.

19.5.          We reserve all right, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws and you agree to do anything necessary, including executing any documents, to give full effect to this clause 17.

20.        Privacy

20.1.          Any personal information we collect about you via this Platform will only be used and disclosed by us in accordance with our Privacy Policy.

21.        Force Majeure Event

21.1.          This means any event beyond Easy Cryptos or the Users reasonable control, including, but not limited to, flood, earthquake, extraordinary weather conditions, or other act of God, fire, war, insurrection, riot, accident, labour dispute, action of government, power failure, communications, failure in bank performance, or software or equipment malfunction, including network splits or unexpected changes in a computer network upon which the Services rely.

21.2.          If by reason (in whole or in part) of any Force Majeure Event, either the User or Easy Crypto are delayed or prevented from complying with this Site Terms or any other terms related to Easy Crypto and User, then such delay or non-compliance shall not be deemed to be a breach of the Site Terms and no loss or damage shall be claimed by the User or Easy Crypto by reason thereof.

21.3.          The obligations and rights of the defaulting party shall be extended for a period equal to the period during which such event prevented such partys performance, provided that if such period exceeds 60 (sixty) days, then either party shall be entitled to terminate these Site Terms immediately on written notice while the partys performance continues to be prevented.

22.        Amendments to these Terms

22.1.          Easy Crypto may amend these Site Terms (and the Privacy Policy) from time to time at any time for any reason and this may be done unilaterally by us.

22.2.          We reserve the right to amend or modify (Amendments) these Site Terms in whole or in part by posting a link to the revised version at least 7 days in advance of the effective date of any amendment on the homepage of our website easycrypto.com.

22.3.          If you continue to use the Platform and/or the Services after the expiry of any notice period, you will be deemed to have accepted the Amendments, which will apply to your use of the Platform and Services going forward. If you do not agree with the Amendments, in whole or in part, you must not access the Platform or the Services.

22.4.          Should you not agree with any of the new Site Terms or amendments thereto, the User has the option of deleting the Account with Easy Crypto.

23.        Entire Agreement

23.1.          The Site Terms, together with the Privacy Policy sets out the entire agreement between Easy Crypto and the User, and supersedes all prior representations, written or oral, between with respect to the transactions set forth herein, all of which are excluded, except for fraudulent misrepresentations.

24.        Severability

24.1.          If any provision of the Site Terms, as amended from time to time, is construed as being illegal, invalid or unenforceable, in whole or in part, under any law, then such provision shall not form part of the whole the Site Terms (or the Privacy Policy). Such invalid terms will be replaced as soon as possible to give effect as close as possible to the intended and original illegal or invalid term(s).

25.        General

25.1.          These Terms are governed by the laws of the Republic of South Africa, and the User expressly agrees that any and all disputes arising under this Site Terms shall be settled exclusively before courts of competent jurisdiction in the Republic of South Africa

25.2.          By using our Platform, you accept that it is your responsibility to determine whether and to what extent, any taxes apply to any transactions you conduct through our Services.

25.3.          If we do not exercise or enforce any rights available to us under these Site Terms that does not constitute a waiver of those rights.

25.4.          You may not assign, transfer and/or subcontract any of your rights under these Site Terms.

25.5.          We may provide you with notices, including notices relating to these Site Terms by way of electronic communications, including by email or other electronic communication on the Platform or through the Services.

25.6.          For any complaints about our Services, please contact us at [email protected]

25.7.          For any other questions about the Platform or the Services, please contact us at [email protected]

25.8.          In these Site Terms, (a) words importing the singular include the plural and vice versa; (b) the words including means including but not limited to; and (c) words importing gender include all genders.