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Terms of Services

 

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.flitpay.com website or apps. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).  YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE AND APP.

 

We may amend this Agreement related to the Services from time to time. Amendments will be effective upon our posting of such updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Agreement, as amended.

YOU ACKNOWLEDGE THAT TRADING IN CRYPTOCURRENCIES INVOLVES A HIGH DEGREE OF RISK. CRYPTOCURRENCIES ARE SUBJECT TO CONSTANT AND FREQUENT FLUCTUATIONS IN VALUE AND EXCHANGE RATES, AND THE VALUE OF YOUR CRYPTOCURRENCY ASSETS MAY INCREASE OR DECREASE AT ANY TIME. ACCORDINGLY, YOU MAY SUFFER A COMPLETE LOSS OF THE FUNDS HELD IN YOUR ACCOUNT. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE NATURE, SUITABILITY, AND APPROPRIATENESS OF THESE TRADING RISKS FOR YOU. YOU ACKNOWLEDGE AND AGREE THAT FLITPAY BEARS NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON WHATSOEVER FOR ANY LOSSES OR GAINS INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT FLITPAY DOES NOT GIVE ADVICE OR RECOMMENDATIONS REGARDING THE TRADING OF CRYPTOCURRENCIES, INCLUDING THE SUITABILITY AND APPROPRIATENESS OF, AND INVESTMENT STRATEGIES FOR, CRYPTOCURRENCIES.

YOU ALSO ACKNOWLEDGE AND AGREE THAT FLITPAY AND YOUR ABILITY TO USE THE SERVICES MAY BE DETRIMENTALLY IMPACTED BY REGULATORY ACTION OR CHANGES IN REGULATIONS APPLICABLE TO CRYPTOCURRENCY. YOU AGREE THAT WE MAY DISCLOSE YOUR PERSONAL AND ACCOUNT INFORMATION IF WE BELIEVE THAT IT IS REASONABLY NECESSARY TO COMPLY WITH A LAW, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT FLITPAY IS NOT A FINANCIAL INSTITUTION, BANK, CREDIT UNION, TRUST, HEDGE FUND, BROKER OR INVESTMENT OR FINANCIAL ADVISOR, AND IS NOT SUBJECT TO THE SAME LAWS, REGULATIONS, DIRECTIVES OR REQUIREMENTS APPLICABLE TO SUCH PERSONS. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY FLITPAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, WILL OR SHALL CONSTITUTE INVESTMENT, OR FINANCIAL ADVICE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL TRADING DECISIONS MADE BY YOU WHILE USING THE SERVICES.

 

User Account

 

 

  • New Account Creation.  To use certain features of the Site, you must register for an account (“Sign Up”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. 
  • User Identity Verification.  You agree to provide us with the information we request for 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 Services and your access to the 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 update this information and keep it current at all times. You authorize us to make the inquiries, whether directly or through third parties, that we consider appropriate, in our sole discretion, to verify your identity or protect you and/or us against fraud or other financial crimes, and to take action we reasonably deem necessary based on the results of such inquiries.
  • Certain Restrictions. By using the Services, you represent and warrant that: (i) neither you nor any of your directors, officers, employees, agents, affiliates or representatives is an individual or an entity that is, or is owned or controlled by an individual or entity that is (a) currently the subject of any Sanctions, or (b) located, organized or resident in a Designated Jurisdiction; (ii) you have complied in all material respects with all applicable laws relating to Sanctions, anti-terrorism, anti-corruption and anti-money laundering; and (iii) you have instituted and maintained policies and procedures designed to promote and achieve compliance with such laws. For the purpose of this Agreement, “Designated Jurisdiction” means any country or territory to the extent that such country or territory itself is the subject of any Sanction; “Sanction(s)” means any international economic sanction administered or enforced by the United States Government (including OFAC), the United Nations Security Council, the European Union or other relevant sanctions authority.
  • Account Responsibilities.  You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Flitpay of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Flitpay cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
  • Compliance.  You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you and the right to access the Services is automatically revoked where use of the Services is prohibited or to the extent that the offering, sale or provision of the Services conflicts with any law, rule or regulation applicable to you.

Available Only Where Permitted by Law. The Services are only available in jurisdictions where they may be legally offered for sale. The Services are not available to “U.S. Persons”, as such term is defined under Regulation S promulgated under the Securities Act of 1933 or any other country where it is banned. By accessing or using the Site, you represent and warrant that you are not a U.S. Person or a citizen of a country where it is illegal or banned.

Access to the Services

  • License.  Subject to this Agreement, Flitpay grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal or internal business purposes, in accordance with the Account type you are currently subscribing to.
  • Modification.  Flitpay reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Flitpay will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
  • No Support or Maintenance.  You acknowledge and agree that Flitpay will have no obligation to provide you with any support or maintenance in connection with the Services.
  • Ownership.  You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Flitpay or its suppliers. Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights. Flitpay and its suppliers reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.

Feedback.  If you provide Flitpay with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Flitpay all rights in such Feedback and agree that Flitpay shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Flitpay will treat any Feedback you provide to Flitpay as non-confidential and non-proprietary. You agree that you will not submit to Flitpay any information or ideas that you consider to be confidential or proprietary.

 

Restricted Activities

Restricted Activities. 

  • In connection with your use of Services, you hereby agree that you will not:
  • violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
  • intentionally try to defraud (or assist in the defrauding of) Flitpay or any other User;
  • provide false, inaccurate, or misleading information;
  • trade taking advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
  • take any action that interferes with, intercepts, or expropriates any system, data, or information;
  • partake in any transaction involving the proceeds of illegal activity;
  • attempt to gain unauthorized access to other Flitpay Accounts, the Services, or any related networks or systems;
  • use the Services on behalf of any third party or otherwise act as an intermediary between Flitpay and any third parties;
  • use the Services to engage in conduct that is detrimental to Flitpay or any other User or any other third party;
  • collect any user information from other Users, including, without limitation, email addresses;
  • defame, harass, or violate the privacy or intellectual property rights of Flitpay or any other User; or
  • upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.
  • Besides, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (iii) attempt to reverse engineer, decompile, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law; or (iv) access the Services to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services.Enforcement.  We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you engage in Prohibited Activities or violate any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include, in our sole and absolute discretion, terminating your Account, reporting you to law enforcement authorities without providing any notice of you about any such report and confiscating any balance remaining in an Account which has been terminated

 

Third-Party Products and Services

  • Third-Party Services.  You acknowledge that the Service will enable or assist you to access, interact with, and/or purchase services from several supported platforms and other third parties via third-party websites or applications (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of Flitpay, Flitpay does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services. You use all Third-Party Services at your own risk and should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services is between you and the relevant third party, and not with Flitpay. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with the Services. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation.
  • Other Users.  We do not guarantee the identity of any User or other party or ensure that a buyer or seller is authorized to complete a transaction or will complete a transaction. Your interactions with other Users are solely between you and such Users. You agree that Flitpay will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved.

Release.  You hereby release and forever discharge Flitpay (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Users or any Third-Party Products and Services).

 

The Flitpay wallet and Exchange.

  • Supported Cryptocurrencies. The Flitpay wallet allows you to send, receive and store cryptocurrency (together, “Wallet Transactions”). The Flitpay wallet is only available with the cryptocurrencies that Flitpay, in its sole discretion, decides to support. Information about the Supported Cryptocurrencies can be found on the FAQ page on the Flitpay website. The Supported Cryptocurrencies may change from time to time. Under no circumstances should you attempt to carry out a Flitpay wallet Transaction with a cryptocurrency other than a Supported Cryptocurrency.
  • Transaction instructions. Flitpay will process Wallet Transactions according to your instructions. You accept and agree that Flitpay does not:
  • Guarantee the identity of any user, receiver, or other party to a Flitpay Wallet Transaction. You are solely responsible for ensuring all transaction details are correct, and you should carefully verify all transaction information before submitting transaction instructions to Flitpay; or
  • have any control over, or any liability about, the delivery, quality or any other aspect of any goods or services that you may buy from or sell to any third party. Flitpay shall not be responsible for, and will take no action about, ensuring that any buyer or seller you transact with using your Flitpay wallet completes the relevant transaction or has the requisite authority to do so.
  • Receiving cryptocurrency. You may receive Supported Cryptocurrency into your Flitpay wallet by providing the sender with a receive address generated in your Flitpay wallet. Your Flitpay wallet will only be credited with Supported Cryptocurrency sent to a receive address generated through your Flitpay wallet and associated with that Supported Cryptocurrency. For example, your Flitpay wallet will be credited with BTC when it is sent to an BTC receive address generated through your Flitpay wallet.
  • Sharing User Information. In the course of processing a Wallet Transactions, Flitpay may be required to share your user information with other contractual third parties, or as required under applicable laws or demanded upon a lawful request by any governmental authority. You hereby irrevocably grant full permission and authority for Flitpay to share this information with such contractual third parties, or as required under applicable laws or demanded upon a lawful request by any governmental authority, and release Flitpay from any liability, error, mistake, or negligence related thereto.

Trade Corrections. You acknowledge and agree that Flitpay may correct, reverse or cancel, in its sole discretion, any order, trade, transfer, or other transaction or activity with respect to which Flitpay has discovered that there was an error or abnormality, whether such error or abnormality was caused by you, Flitpay or a third party or due to technical issues, system issues, software failure or otherwise. Flitpay provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for such error(s) or any correction attempt(s).

 

Fees.

  • General. You agree to pay Flitpay the fees set forth at https://Flitpay.com/fees which may be updated from time to time in our sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize Flitpay to remove any amounts from your Account for any applicable fees owed by you under this Agreement.
  • Withdrawal / Send fees.  You may be charged a fee to send or withdraw a Supported Cryptocurrency from your Flitpay wallet. We currently do not charge fees to deposit or receive Supported Cryptocurrency into your Flitpay wallet.
  • Trade fees.  Flitpay applies a flat fee structure for customers who trade Supported Cryptocurrency using the Services. Please consult the page set forth at https://Flitpay.com/fees for further information on applicable fees. Flitpay will, at the time of any transaction on the Flitpay Exchange, notify you of any fees that will apply to the transaction. By proceeding with any transaction, you accept and agree to the applicable fees. Such fees will also be displayed in your transaction history upon completion of the transaction.
  • Contests.  We may from time to time offer you the ability to participate in contests of skill (“Contest” or “Contests”). If you choose to participate in any Contests, you accept and agree to be bound and abide by the applicable Contest terms and conditions which will be published on the Flitpay website from time to time and incorporated herein by reference (the “Contest Terms”). Flitpay reserves the right to modify the Contest Terms or discontinue any contests at any time for any reason, including but not limited to product availability, pricing issues, reduced demand. Prizes, discounts and special pricing may be changed or substituted at any time without prior notice. Taxes on any prize or award are the sole responsibility of the recipient.

 

Suspension, Termination, And Cancellation.

    • General. This Agreement will continue to apply to you until terminated by either you or Flitpay. Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.
    • Suspension, Termination. We may terminate your Account or suspend your access to the Services at any time and with immediate effect for any reason or no reason, in our sole and absolute discretion. We may decline to process any deposit or withdrawal without prior notice and may limit or suspend your use of one or more Services at any time, in our sole discretion. For example, we may, in our sole discretion, delay deposits or withdrawals if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this Agreement. If you have a balance remaining in an Account which has been suspended, we may freeze such balance for so long as the Account is suspended. If the Account is terminated due to fraud, violation of the law, or violation of this Agreement, Flitpay may, in its discretion, confiscate any balance remaining in the Account and deliver it to any applicable government, law enforcement, or other authorities where circumstances warrant.

 

 

  • Indemnification.   You agree to indemnify and hold Flitpay (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations, or (d) Third-Party Services.  Flitpay reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Flitpay. Flitpay will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  • Limitation on Liability

 

General

  • Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Flitpay and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
  • Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Indian Arbitration and Conciliation Act 1996. The number of arbitrators shall be one. The place of arbitration shall be Jaipur(Rajasthan), unless the Parties agree otherwise. The language to be used in the arbitral proceedings shall be English.
  • Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  
  • Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  • Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
  • Right to Waive.  Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
  • Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Flitpay.  
  • Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
  • Claims Not Subject to Arbitration.  Notwithstanding the foregoing, claims of defamation and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
  • Applicable Law. The laws of the India, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Flitpay.
  • Force Majeure. Flitpay is not responsible for damages caused by delay or failure to perform undertakings under this Agreement when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, Flitpay is excused from any and all performance obligations and this Agreement shall be fully and conclusively at an end.
  • Electronic Communications.  The communications between you and Flitpay use electronic means, whether you use the Site or send us emails, or whether Flitpay posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Flitpay in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Flitpay provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

Entire Agreement. This Agreement, together with Flitpay’s Privacy Policy, constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Flitpay is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Flitpay’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Flitpay may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.

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