Official Terms of Sale replicated from buymobilecoin.com


MOBILECOIN TERMS OF SALE AND ACCESS AND USE OF SITE

The MobileCoin Network operates utilizing an open source software protocol commonly known as the MobileCoin protocol. The MobileCoin protocol is designed to enable holders of digital tokens known as MobileCoins to send and receive peer-to-peer payments securely and privately through a digital wallet that is capable of sending and receiving MobileCoins (the MobileCoin Wallets). MobileCoins enable a simple, secure, and private medium of exchange for consumers in countries of operation to manage and move their money using personal mobile devices and a currency of equivalent value across countries.

These Terms of Sale and Access and Use of Site (Terms) govern the worldwide website at www.buymobilecoin.com, which is operated by MobileCoin TS Ltd. These Terms are entered into by and between you and MobileCoin TS Ltd.

Please read these Terms carefully before you start to use the Site. By purchasing MobileCoins or otherwise using or accessing the Site, you acknowledge that you have read, understand, and completely agree to be bound by these Terms. You also agree to require any transferee of your MobileCoins to be subject to these Terms. These Terms may be enforced against you by MobileCoin TS Ltd. or other authorized entities (which are collectively referred to in these Terms as the Compliance Entities). These Terms may be amended, changed, or updated by the Compliance Entities at any time and without prior notice to you by posting at the MobileCoin TS Ltd. website at www.buymobilecoin.com/terms-of-sale. Your continued access or use of the Site and/or purchase of MobileCoins following the posting of any amendment, change, or update means that you accept and agree to the amended, changed, or updated Terms. These Terms are first effective as of December 4, 2020.

Access or use of the Site or purchase or use of any MobileCoins is void where such access, purchase or use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable laws, and will not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege. Please also consult the Terms of Use for MobileCoins and MobileCoin Wallets, available at the MobileCoin TS Ltd. website at www.buymobilecoin.com/terms-of-use. Information on the way personal information is handled is included in the Privacy Policy, available at www.buymobilecoin.com/privacy-policy.html.

Limitations on Access to or Use of the Site and Purchase of MobileCoins

The right to access or use the Site and purchase MobileCoins is a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited license, and it is subject to the limitations and obligations in these Terms. Every Prohibited Person and U.S. Person is strictly prohibited from directly or indirectly purchasing a MobileCoin in any way or otherwise accessing, transacting on or using the Site.

You are a Prohibited Person if you are:

  1. an individual or entity present in or subject to the jurisdiction of any Prohibited Jurisdiction;

  2. a Sanctioned Person;

  3. a government or government official of any Prohibited Jurisdiction;

  4. an individual or entity present in or subject to the jurisdiction of or any jurisdiction in which the offer of MobileCoins is unlawful or who is restricted or prohibited by applicable law from purchasing MobileCoins; or

  5. a person under 18 years of age.

In these Terms, Prohibited Jurisdiction means any of: (a) Cuba, Democratic People’s Republic of Korea (North Korea),Iran, Syria or Crimea (a region of Ukraine annexed by the Russian Federation), (b) any other country that becomes subject to a comprehensive embargo pursuant to the economic sanctions laws of the United States, the British Virgin Islands, or the United Nations, or that the Financial Action Task Force (FATF) includes on its list of high risk countries subject to a call for action, and (c) Algeria, Bahrain, Bangladesh, Bolivia, China, Ecuador, Laos, Macedonia, Morocco, Myanmar, Nepal, Pakistan, Qatar, South Korea and Vietnam, each for so long as they prohibit or would require the registration or qualification of MobileCoins or the sales thereof with a governmental authority.

In these Terms, Sanctioned Person refers to any person, , including both individuals and entities, that is: (i) specifically listed in any Sanctions List; (ii) directly or indirectly owned 50 percent or more by any person, entity or group in the aggregate listed in any Sanctions List; (iii) a government or government official of any Prohibited Jurisdiction; (iv) the Government of Venezuela or any official or subdivision or sub-entity thereof; or (v) any other person for whom purchasing MobileCoins or using or accessing the Site is prohibited, sanctionable, or otherwise penalizable for MobileCoin, including any persons for whom such activities is subject to prior approval or licensing and where such approval or licensing has not been obtained. “Sanctions List” means the “Specially Designated Nationals and Blocked Persons” List and the “Sectoral Sanctions Identifications List,” published by Office of Foreign Assets Control of the U.S. Department of the Treasury; the Section 311 Special Measures for Jurisdictions, Financial Institutions, or International Transactions of Primary Money Laundering Concern published by the Financial Crimes Enforcement Network of the U.S. Department of the Treasury; and, any other foreign terrorist organization or other sanctioned, restricted, or debarred party list published by the Financial Investigation Authority of the British Virgin Islands, or under economic sanctions, anti-money laundering, or counter-terrorist financing laws of or by governments of the United States, the British Virgin Islands (including any sanctioned, restricted, or debarred party list under the laws of the United Kingdom and applicable in the British Virgin Islands), and the United Nations.

You are a “U.S. Person” if you are:

  1. (i) a U.S. citizen, (ii) a U.S. lawful permanent resident, protected individual or asylee under the U.S. Immigration and Nationality Act, (iii) an individual present in the U.S. in a non-immigrant status which carries an allowable admission period exceeding 6 months, (iv) an individual or entity present in the U.S., or (v) an individual or entity acting for the financial or other benefit of or on behalf of any U.S. Person;

  2. a corporation, partnership, or other entity established or organized in or under the laws of the United States;

  3. a corporation, partnership, or other entity formed by a U.S. Person principally for the purpose of investing in securities, unless it is organized or incorporated, and owned, by accredited investors who are not natural persons, estates or trusts;

  4. an estate of which any executor or administrator is a U.S. Person (unless this executor or administrator is a professional fiduciary and shares with a non-U.S. Person investment discretion with respect to the assets of an estate that is governed by foreign law);

  5. a trust if the trustee is a U.S. Person(unless this trustee is a professional fiduciary and shares with a non-U.S. Person investment discretion with respect to the trust assets and no beneficiary of the trust (and no settlor if the trust is revocable) is a U.S. Person);

  6. an agency or branch of a non-U.S. entity located in the U.S.;

  7. a non-discretionary account or similar account held by a dealer or other fiduciary for the benefit or account of a U.S. Person;

  8. any discretionary account or similar account held by a dealer or other fiduciary organized, incorporated, or resident in the U.S. (held for the exclusive benefit or account of non-U.S. Persons); or

  9. any government or government official of the United States.

In these Terms, United States or U.S. means the several states of the United States of America, the District of Columbia, Puerto Rico, the Virgin Islands, and the insular possessions of the United States of America.

Purchases of MobileCoins

As noted above, MobileCoins are intended to be used to send and receive peer-to-peer payments securely and privately through MobileCoin Wallets. The Compliance Entities may make MobileCoins available for purchase from time to time at the Site in consideration for Euros at prices reflected on the Site subject to restrictions to preserve this consumptive purpose and to comply with applicable law. All sales are subject to these Terms. Even if the requirements below are satisfied, the Compliance Entities may refuse to sell MobileCoins in the event of any circumstances in violation of these Terms, including circumstances in which the Compliance Entities believe that the issuance of MobileCoins would be contrary to law or would otherwise expose the Compliance Entities to liability.

In order to purchase MobileCoins from the Compliance Entities, you must have a verified MobileCoin Wallet, which requires that you provide information that verifies your identity, ensures that you are not a Prohibited Person or U.S. Person, and ensures that other applicable laws are satisfied.

If you meet these requirements and agree to these Terms, you may purchase MobileCoins up to €1,000 per day and €5,000 per year. If you are a Business meeting these requirements, you may be able to purchase MobileCoins up to €100,000 per year if you demonstrate in writing to the Compliance Entities the need for consumptive peer-to-peer use of these MobileCoins during a 12-month period in the ordinary course of your commercial operations.

In these Terms, Business means an entity that (a) does not engage or propose to engage in the business of investing, reinvesting, owning, holding, or trading in securities and/or cryptographic tokens or acting as an exchange or other intermediary, and (b) does not own or propose to acquire investment securities and/or cryptographic tokens having a value exceeding forty percent (40%) of the value of such individual or entity’s total assets (exclusive of government securities and cash items) on an unconsolidated basis.

Nature of MobileCoins and Transactions in MobileCoins

MobileCoins are digital tokens. Digital tokens such as MobileCoins are not legal tender, are not backed by any government, and are not insured. MobileCoins do not provide you with any ownership of any physical asset or ownership or other interest or rights of any form with respect to the Compliance Entities or any Associates or their revenue or assets, including any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights. MobileCoins are offered on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.

You accept that the Compliance Entities may be required to share your user information with other contractual third parties, including financial institutions, or as required under applicable laws or demanded upon a lawful request by any government. When information includes personal data under European Union law, the terms of the Privacy Policy will apply. Please consult the Privacy Policy available at the MobileCoin TS Ltd. website at Privacy Policy.

In these Terms, Associates of the Compliance Entities means the successors, assignees and affiliates of MobileCoin TS Ltd. and their respective shareholders, directors, officers, affiliates, employees, contractors, agents, partners, insurers, attorneys, and any licensors of technology to the Compliance Entities.

Prohibited Uses of the Site and Purchases of MobileCoins

You may not:

Any of these uses may be described in these Terms as a Prohibited Use. Should your actions or inaction result in Loss being suffered by the Compliance Entities or any Associates, you will pay an amount to the Compliance Entities or the Associates so as to render the Compliance Entities or the Associates whole, including the amount of taxes or penalties that might be imposed on the Compliance Entities or the Associates.

In these Terms, Losses means any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including attorneys’ fees or the costs of any claim or suit), including any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses.

Due Diligence Generally, Anti-Money Laundering and Counter-Terrorist Financing

The Compliance Entities are committed to selling MobileCoins in a safe, compliant, and reputable manner and to identify, detect, prevent, and report on money laundering, terrorist financing, and other improper activities under applicable anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws, and economic sanctions laws. Accordingly, the Compliance Entities utilize a comprehensive and thorough user due diligence process and ongoing monitoring analysis. By agreeing to these Terms, you certify that you are not a Prohibited Person or a U.S. Person and are not acting for the financial or other benefit of or on behalf of a Prohibited Person or U.S. Person in purchasing MobileCoins or accessing or using the Site and must provide promptly all information requested and necessary to satisfy due diligence requirements and obligations pursuant to applicable laws and the compliance policies or procedures of the Compliance Entities or any of the Associates.

You agree to provide promptly any documentation, information, or records requested by the Compliance Entities at any time, including a self-certification permitting the determination of tax residence and status under Tax Information Exchange Laws. Such information may include, but is not limited to, self-certifications as to beneficial ownership of one or more legal entities. In these Terms, Tax Information Exchange Laws means laws relating to the exchange of information relating to taxes between governments, including United States Foreign Account Tax Compliance Act, as enacted by Title V, Subtitle A of the Hiring Incentives to Restore Employment Act, P.L 111-147 (2010), as amended; and common reporting standard or the Standard for Automatic Exchange of Financial Account Information.

The Compliance Entities are required to retain certain information, documentation, and records on file pursuant to applicable laws and its contractual relationships, and the Compliance Entities hereby expressly reserve the right to keep such information, documentation, and records. Please consult the Privacy Policy posted on the MobileCoin TS Ltd. website at Privacy Policy to learn more on how your personal information is retained.

The Compliance Entities may not permit U.S. persons to purchase MobileCoins or otherwise access or utilize the Site. The Compliance Entities may in their sole discretion suspend or terminate any access or use of the Site or purchase of MobileCoins by any user for any reason (or for no reason) at any time, subject to any limitations imposed by applicable laws. Without limiting the generality of the foregoing, this includes, but is not limited to, the Compliance Entities determining, in their sole discretion, that you are or that you have engaged in any transfer, transaction, business, or dealing with a: (i) Prohibited Person; (ii) individual or entity from or in any jurisdiction that presents a heightened risk with respect to anti-money laundering or counter-terrorist financing as identified by the Financial Action Task Force or other international standards; (iii) individual or entity that is or formerly was a government official or Politically Exposed Person within the meaning of the Financial Action Task Force’s 40 Recommendations; (iv) individual or entity that presents a risk of any exposure to penalties, sanctions, or other liabilities under anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws, economic sanctions laws, or tax laws that may apply to you or the Compliance Entities or any of their Associates; (v) individual or entity that the Compliance Entities determine is acting in violation of, these Terms or applicable laws or that attempts to violate, conspires to violate, or causes any individual or entity, including the Compliance Entities to violate these Terms or applicable laws; or (vi) individual or entity that fails to meet any user due diligence standards, requests, or requirements of the Compliance Entities, or otherwise appears to present a high risk to the Compliance Entities, including under any of the foregoing factors. In lieu of refusing to sell MobileCoins to you, the Compliance Entities may, in their sole discretion, perform enhanced due diligence procedures. If you decline to provide requested due diligence information or otherwise do not reply timely or substantively with the documentation or data requested, the Compliance Entities have the absolute discretion to suspend or terminate your access or use of the Site and any pending purchases of MobileCoins.

Intellectual Property

The MobileCoin name and logo are protected trademarks. You agree not to appropriate, copy, display, reproduce, modify, or use these trademarks without express, prior, written permission from the Compliance Entities. The Site is protected by copyright, trademark, and other intellectual property or proprietary rights laws in various jurisdictions. All rights not expressly granted to you in these Terms are reserved. Except as expressly authorized by the Compliance Entities, you will not (a) license, sublicense, rent, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any individual or entity all or any part of the Site in any way; (b) copy, modify, republish, distribute, or make derivative works based upon all or any part of Site; (c) “frame” or “mirror” all or any part of the Site on any other server or wireless or Internet-based device; or (d) reverse engineer or access all or any part of Site in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions, or graphics of all or any part of the Site, or (iii) copy any ideas, features, functions, or graphics of all or any part of the Site.

Your Representations and Warranties

You represent and warrant to the Compliance Entities on the date of your acceptance or deemed acceptance of these Terms and each day on which you access or use the Site and each time you purchase MobileCoins, in each case with reference to the facts and circumstances existing at such date, as follows:

No Representations or Advice by the Compliance Entities

The Compliance Entities make no representations, warranties, covenants or guarantees to you of any kind and, to the extent permitted by applicable laws, the Compliance Entities expressly disclaim all representations, warranties, covenants or guarantees, express, implied or statutory, with respect to MobileCoins and the Site. The MobileCoins and the Site are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose. The Compliance Entities do not provide any investment, legal, accounting, tax or other advice.

Limitation of Liability, Release, and Indemnity

Important: Except as may be provided for in these Terms, the Compliance Entities assume no liability or responsibility for and will have no liability or responsibility for any Losses directly or indirectly arising out of or related to:

You agree to release the Compliance Entities and their Associates from liability for any and all Losses, and you will indemnify and save and hold the Compliance Entities and their Associates harmless from and against all losses. The foregoing limitations of liability will apply, to the extent permitted by law, whether the alleged liability or losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if the Compliance Entities and their Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.

Electronic Communications

You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that the Compliance Entities may provide in connection with these Terms. Information in relation to how we may communicate with you and your rights in that respect can be found in our Privacy Policy.

Miscellaneous

Any right or remedy of the Compliance Entities set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, at law or in equity. The Compliance Entities’ failure or delay in exercising any right, power, or privilege under these Terms will not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect. The Compliance Entities will have no responsibility or liability for any failure or delay in performance, or any loss or damage that you may incur, due to any Force Majeure or circumstance or event beyond its control. You may not assign or transfer any of your rights or obligations under these Terms, without the Compliance Entities’ prior written consent, including by operation of law or in connection with any change of control. The Compliance Entities may assign or transfer any or all of their rights or obligations under these Terms, without notice or your consent. If there is a conflict between these Terms and any other agreement you may have with the Compliance Entities, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms. If one or more provisions of these Terms is invalidated or declared ineffective, all other provisions of these Terms shall remain in full force and effect. These Terms do not create any third-party beneficiary rights in any person, save that any Compliance Entity or any of its respective Associates may rely on these Terms in any action, suit, proceeding or other dispute brought against it by you, to exercise any right or to benefit from any limitation expressly provided to it hereunder and to enforce such provisions of these Terms as if party hereto.

Governing Law and Resolution of Disputes

Any dispute, claim, controversy or action arising out of or related to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, (b) your purchase of MobileCoins or the operations of the Site, or (c) your access to or use of the Site at any time, will be subject to the exclusive jurisdiction of the courts of the British Virgin Islands. For the avoidance of doubt, and without limiting the generality of the foregoing, this provision expressly applies to any claim, whether in tort, contract or otherwise, against the Compliance Entities.

You irrevocably and unconditionally agree and consent to the jurisdiction and venue of the courts of the British Virgin Islands, and you waive any objections thereto, including under the doctrine of forum non conveniens or other similar doctrines. The foregoing shall be without prejudice to any applicable provisions of mandatory consumer protection law under the laws of your country of residence, to the extent that these offer you more protection.

Any complaint or dispute is personal to you and you agree that it will not be brought as a class action, class arbitration or any other type of representative proceeding. There will be no class action in which you attempt to resolve a complaint or dispute as a representative of another individual or group of individuals, save with the express agreement in writing of the relevant Compliance Entity.

JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING OF ANY KIND WHATSOVER ARISING OUT OF OR RELATING TO THESE TERMS OR ANY BREACH THEREOF, ANY USE OR ATTEMPTED USE OF OR ACCESS TO THE SITE OR PURCHASE OF MOBILECOINS BY YOU, AND/OR ANY OTHER MATTER INVOLVING THE PARTIES.

Language and Contact

These Terms and any information or notifications that are provided under these Terms shall be in English.

If you have any questions relating to these Terms, your rights and obligations arising from these Terms, your access or use of the Site, and/or your purchase of MobileCoins, or any other matter, please email us at sales@mobilecoinww.com.