Anti-Money Laundering (AML) & Know Your Customer (KYC) Policy (hereinafter “AML / KYC Policy”):
The Company Crypto Technologies LTD, registered in the Republic of Seychelles, company No: 215792, whose registered office is located at: Suite 1, Second Floor, Sound & Vision House, Francis Rachel Str., Victoria, Mahe, Seychelles, which operate the Website, First Party,
offers the Users, Second Party (collectively – “the Parties”, and individually – “the Party”),
The following definitions mentioned throughout these Terms shall have the following meaning:
- All references to the ‘Company’, ‘us’, ‘our’, ‘we’ means Crypto Technologies LTD, registered in the Republic of Seychelles, company No: 215792, whose registered office is located at: Suite 1, Second Floor, Sound & Vision House, Francis Rachel Str., Victoria, Mahe, Seychelles, the administrator of the Website.
- All references to ‘You’, ‘Your’, or the ‘User’ mean the person or persons who 1) has an Account (record) created within the cryptolocator.com authentication system, or who 2) is actually using the Website and/or using the Services via the Website, including Website page views.
- ‘Website’ or ‘Cryptolocator’ means https://cryptolocator.com and Cryptolocator mobile application, which are operated by Company.
- ‘Digital Currency’, ‘Cryptocurrency’ means Bitcoin, Ethereum or any other blockchain-based currency.
- ‘USDT’ means a blockchain-based cryptocurrency whose cryptocoins in circulation are backed by an equivalent amount of traditional fiat currencies, like the US dollar, the euro or the Japanese yen, which are held in a designated bank account.
- ‘Services’ means any feature provided by Company via the Website or any local application (mobile desktop or otherwise), including without limitation digital currency wallet services and marketplace trading services.
- ‘Account’ means an account registered by the User on the Platform, which contains a set of personal data of the User, including a login and access password.
- ‘Fee Schedule’ means the table of fees published at https://cryptolocator.com/help or at any other site determined occasionally by Company.
- ‘Platform’ means an environment created by Company on the Website that allows to trade Digital Currency.
- ‘Referral link’ means a tool to attract new users to the Platform, allowing the User to earn money through commissions charged by Company, the use of which is regulated by this Terms and its appendix “Referral Program”.
- ‘Buyer’ – a User who buys Digital Currency from any other User (the Seller) using cryptolocator.com peer-to-peer platform.
- ‘Seller’ – User who sells Digital Currency to another User (the Buyer) using cryptolocator.com peer-to-peer platform.
- ‘Offer’ – advertisement published on the Website by any User. Offer indicates respective User’s intention to purchase or sell Digital Currency.
- ‘Transaction Fee’ means paid from the Users to the Company fee for marketplace trading services, and another services, provided by Company on Website.
Where the context so admits words denoting the singular shall include the plural and vice versa.
- The Parties have agreed that the User who uses the Site, Platform is considered to have read the Terms and its appendices in full, and fully and unconditionally accepts their terms. In turn, the Company undertakes to provide Users with permanent access to the Terms and its appendices by providing access to them on the Website at the address specified in the Terms.
- Cryptolocator.com is a peer-to-peer platform service that enables its Users to buy and sell digital currencies with a lot of different ways to exchange. All transactions are made directly between Users. Company is not itself a party to any transactions conducted by its Users and only acts as an arbiter in resolving disputes and as an escrow agent to provide secure transactions.
- Transaction fees for withdrawals are automatically set by our system and cannot be changed. While we do our best to include a fee so that transactions will be confirmed within a reasonable amount of time, we cannot guarantee it due to the unpredictable nature of blockchain congestion.
- Please, be aware:
Site, Platform is a peer-to-peer service for exchanging cryptocurrency, not a wallet service. We provide Users the ability to deposit funds to our corporate wallet for safekeeping while the funds are being exchanged or used for trading or staking, but we do not provide a personal wallet service.
Please do not use Site, Platform for storage of Your cryptocurrency.
However, if You use Site, Platform for storage of Your cryptocurrency, You agree:
- …that the Company is no responsibility or liability for any damage to Your cryptocurrency, including its total or partial loss or loss of control. You understand, that Your cryptocurrency may be subject to expropriation and/or theft. Hackers or other malicious groups or organizations may attempt to interfere with the Site, Platform or the Your cryptocurrency in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, because the Platform is based on open-source software, there is a risk that a third party or a member of the Company team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the Site, Platform, which could negatively affect the Platform or result in the loss of Your cryptocurrency or the loss of Your ability to access or control Your cryptocurrency.
- …that the Company may determine, in its sole and absolute discretion, that it needs to undertake due diligence on Users, who using Site, Platform as wallet (for keeping cryptocurrency). As part of the Company’s due diligence process it may request that Users send us certain information about Users, including, but not limited to, AML and KYC Policy. Users agree to provide the Company with such information promptly upon request, and that Users acknowledge and accept that the Company may refuse them to access or control they’re cryptocurrency, until they provide such requested information in a form that is satisfactory to the Company.
- …that the User must comply with the applicable anti-money laundering regulations, in particular the Swiss Anti-Money Laundering Act (RS 955.0) and cooperate for the identification process according the provisions for the prevention of money laundering and for the KYC checks, in accordance with these Terms and the AML / KYC Policy.
ACCEPTANCE AND CHANGE OF TERMS
- The Users are solely responsible for understanding and complying with any and all laws, rules and regulations of their specific jurisdiction that may be applicable to the Users in connection with the use of any and all Services, products and content of Website, Platform.
- You may at any time terminate to execute this Terms by terminating the use of the Site, Platform. However, You cannot relinquish the obligations, already incurred by You through the use of the Site, the Platform, the Company and third parties. Platform concluding any outstanding trades and other obligations, withdrawing any remaining balances and deleting Your Account.
By using the Website, You covenant, represent and warrant that (under the applicable law and law of Your country of residence):
- You are of the age of majority in the jurisdiction where You are a resident (at least 18 years of age), and meet all other eligibility and residency requirements, and are fully able and legally competent to use the Website, Platform and in doing so will not violate any other agreement to which You are a party;
- You have all necessary and relevant experience and knowledge to deal with cryptocurrencies, and Blockchain-based systems, have a full understanding of their framework, are aware of all the merits, risks and any restrictions associated with cryptocurrencies and Blockchain-based systems, and are solely responsible for any evaluations based on such knowledge;
- You are not engaged in any illegal activity, including but not limited to money laundering and the financing of terrorism;
- You undertake not to use the Website, Services, Platform to perform criminal activity of any sort, including but not limited to money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking;
- You have not previously been suspended or removed from using our Services;
- You are responsible for any and all damages caused and all liability actions brought against Company for infringement of any third party rights or violation of any applicable laws;
- You are solely responsible for determining whether any contemplated transaction is appropriate for You based on Your personal goals, financial status and risk willingness.
REGISTRATION AND USER ACCOUNT
- For the purpose of proper use of the Platform, You should register and create an individual Account on the Website with Your respective login and password. You are given access to an Account following Your provision of all information required by the Cryptolocator, authorization by the Cryptolocator and upon Your successful creation of an Account.
- It is a condition of use of this Website and our Services that all the details You provide are correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse You access to the Website, or any of its resources, and to terminate or suspend Your Account.
- Your Account must not contain misleading or fraudulent information, including, but not limited to having a non-personal phone number.
- You solely control Your credentials (email address, password or other information provided for the purpose of the Website use) and do not act on behalf of any third party.
- You are responsible for safe storage of any passwords, for choosing complex and difficult to decipher passwords, to ensure inviolability of the User’s Account and undertakes to notify Company immediately of any unauthorized use of Your Account or password, or any other breach of security by email addressed to [email protected] Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by Company or any User of the Website.
- You may deactivate Your registration with the Website at any time by sending a respective request in the contact form on the Website. We may terminate Your use of and registration with the Website or freeze any transactions on Cryptolocator Platform at any time if You violate these Terms or any other policies, at our sole discretion and without prior notice and without any liability or further obligation of any kind whatsoever to You or any other party, when we find such measures reasonable and/or necessary in a particular situation, without any refunds.
- Company reserves its right to implement verification limitation services on the Website at any time to verify certain eligibility requirements set forth by Company or to limit certain residents from any transactions on the Platform. Such measures might include, but not limited to IP address verification or restriction, application of online verification systems and checkboxes, etc. For this purpose, Company reserves its right to engage any third parties at its own discretion. Any of the verification or restriction measures might be modified by Company at any time.
- In order to ensure that Company remains a safe Platform for all of our Users we may require You to verify Your identity to access part of the Services we offer. Identity verification may be required when You create Offers, pass certain trade volume limits, during trade disputes, fraud investigations, and to ensure Account ownership. As part of our ID verification process we require You to provide us with the documents that verify Your identity.
- In certain situations we may require enhanced identity verification. This may include requirements to verify details or sources of funds regarding payments You have made or received during trades on the Platform.
- ID verified Accounts have a clear owner which makes it easy to return access to You if You lose all access to Your Account. It is very hard or impossible to return access to Accounts that are unverified, even if You know Your username, as it is difficult to identify the original Account owner.
THE SCOPE OF THE SERVICES
- Depending on the User's place of residence, the User may not be able to use all the functions of the Platform. It is the User's responsibility to follow those rules and laws in their place of residence and/or place from which the User accesses the Website.
- The User acknowledges and agrees that when completing any transaction or series of transactions they are trading with other Users only and that Company acts only as an intermediary in such transactions, not as the counterparty to any trade.
- Company will strive to keep the Website up and running; however, all online services suffer from occasional disruptions and outages and Company is not liable for any disruption or loss the User may suffer as a result. Thus, Company does not provide any guarantees that access to the Website will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
- Company will use reasonable endeavors to ensure that the User can normally access the Website in accordance with the Terms and its appendices. Company may suspend use of the Website for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.
- The Platform allows the User to submit Offers to buy or sell Cryptocurrencies.
- The User recognizes that an Offer should only be submitted after careful consideration and the User understands and accepts consequences of its execution. The User agrees that as soon as an Offer is executed, such transaction is irreversible and may not be cancelled.
- The User`s Offer to sell or buy Cryptocurrencies must contain detailed transaction terms.
- The exchange rate, cryptocurrency amount, payment method and other transaction terms cannot be altered once a trade request has been sent and the trade has started.
- When You are selling cryptocurrency, it is Your responsibility to check that You have confirmed, independently of the Buyer and their payment evidence, that You have received payment for the full amount, that the payment is not made by a third party to the trade, and that it was made according to Your instructions given to the Buyer. After You have released a trade to the Buyer it is not possible to cancel, reverse, dispute or otherwise recover or return the Cryptocurrency to You.
- The payment must be made personally by the User, payment by a third party is strictly prohibited, as well as receiving payment for bank details not belonging to the User.
- All communication relevant to the trade must happen in the trade chat part of the trade in such a way that it is readily available for Cryptolocator support staff to review. Communication that has not occurred on https://cryptolocator.com or that has been hidden, encrypted or otherwise obstructed from view is not taken into consideration during dispute review and dispute resolution.
- You represent and warrant that any information You provide via the Website and Services is accurate and complete. You accept and acknowledge that the Company is not responsible for any errors or omissions that You make in connection with any Cryptocurrency transaction initiated via the Platform, for instance, if You mistype a wallet address, bank details or otherwise provide incorrect information. We strongly encourage You to review Your transaction details carefully before completing them.
- It is compulsory to verify Your identity when You pass certain trade volume limits in accordance with the section IDENTITY VERIFICATION. The trade limits are the following:
10000 EUR – total value of transactions.
- The User agrees to pay Company the Transaction Fee for each completed transaction.
- Prior to trading, the User must consider the Transaction Fee rates published on the relevant Fee Schedule page https://cryptolocator.com/help. However, Company reserves the right to change the Transaction Fee rates from time to time publishing updates on the Fee Schedule page, which the User is required to verify under the rules of the Terms before any buying or selling operations Cryptocurrencies.
- The Transaction Fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by Company from time to time and such changes shall become effective the moment they are posted on the Website.
- Company reserves the right to suspend or terminate Your Account on Website at any time if we believe there is reasonable basis to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
- It is strictly forbidden to use the Account for any illegal purposes. The Company will report any suspicious activity to the relevant law enforcement.
- The User shall ensure that they do not use the Services for the transactions relating to:
- money laundering, terrorist financing, proliferation of weapons of mass destruction, human trafficking;
- any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity;
- any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
- drugs, narcotics or hallucinogens;
- weapons of any kind;
- illegal gambling services;
- ponzi, pyramid or any other “get rich quick” schemes;
- goods that are subject to any trade embargo;
- media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
- body parts or human remains;
- protected animals or protected plants;
- weapons or explosive materials;
or any other illegal goods, services or transactions.
- Company reserves the right to freeze immediately the funds and Your Account on Website at any time if You use cryptocurrency mixing activity on our Website meaning the activity when users bring stolen funds to the platform or to the exchange, so that the cryptocurrency is mixed in the exchange's wallet, and then sent to another exchange so as not to track the wallets.
TRADING OFFERS ON THE PLATFORM
- You can create Cryptocurrency trade Offer to advertise that You want to buy or sell certain type of Cryptocurrency. Other Users can send trade requests to You from the advertisements that You’ve created. When a trade request is sent to You cryptocurrency trade is automatically started.
- When You have posted Offers You are required to be active and available to reply to trades started from these Offers. If a dispute is initiated in a trade against a Seller who is not active the dispute may be resolved against him.
- Information and payment details You provide in Offers must be correct at all times and up to date. Disputes may be resolved against You if You include out-of-date payment details and a Buyer completes payment accordingly.
- The price or price equation that is defined in the Offer details must contain any and all fees that the Seller requires the Buyer to pay. After initiation of a trade, the price is locked and cannot be changed or any additional fees added without consent from both parties of the trade.
- All Offers are divided into two groups:
- ‘payment in cash’;
- ‘payment online’.
DISPUTES BETWEEN USERS
- The dispute on the Cryptocurrency held in escrow may be initiated on Website by the Buyer, Seller or Company (“Disputed trade” or “dispute”). Disputed trades are reviewed and resolved by Company’s support staff.
- Disputes can only be started on trades that are open and marked as paid by the Buyer. Trades that are not marked as paid by the Buyer, have been released by the Seller, cancelled by the Buyer, automatically cancelled, or already disputed and resolved are considered completed and cannot be disputed, reversed, or altered.
- When You are involved in a Cryptocurrency trade, it is important that You remain active and available from the time the trade is started to the time that the trade is completed, canceled, or resolved. This means that You must be able to provide a response to a request by Cryptolocator support in a disputed trade within 12 (Twelve) hours or You may be deemed as unresponsive and the dispute may be resolved against You.
- During a dispute review Company’s support may give You instructions that You are required to follow. The instructions given to You may require You to provide proof of payment, proof that You have or have not received payment (e.g. bank transaction history), additional ID verification, photo; audio; or video evidence, or any other documents deemed relevant by Company. Unless otherwise specified by Company, these documents must be added to the disputed trade itself. Failure to follow the instructions may lead to the dispute being resolved against You.
- A disputed trade is most commonly resolved by Company’s support moving the escrowed Cryptocurrency to the Buyer or the Seller of the disputed trade once the dispute resolution criteria are met.
- In rare situations where neither party fulfill the criteria, or it is in other ways unclear or not possible to determine which party has fulfilled the dispute resolution criteria, Company may decide to resolve the dispute by splitting the escrowed cryptocurrency between the Buyer and the Seller evenly or unevenly.
- Company can resolve a disputed trade to a Cryptocurrency Buyer when one of the following criteria are met:
- The Buyer has made payment according to the instructions provided by the Seller in the trade chat, transaction terms, or Offer payment details and the Buyer has provided sufficient proof that the payment was made according to these instructions.
- The Seller has become unresponsive.
- Cryptolocator can resolve a disputed trade to a cryptocurrency Seller when one of the following criteria are met:
- The Buyer has not provided payment or not provided payment in full;
- The Buyer has become unresponsive;
- The payment made by the Buyer has been held/frozen/stopped by the payment provider;
- The Buyer has not provided payment according to the instructions provided to them by the Seller in the trade chat, transaction terms or Offer payment details;
- The payment is made by a third party.
If the Buyer or the Seller of a disputed trade provides fraudulent information or fraudulent documents or makes false claims or otherwise tries to force a certain outcome of a disputed trade the dispute may be immediately resolved against the User.
- If You believe Company has resolved a dispute You are a party of in a way which is not in accordance with these terms You have a right to request a review. To request a review You need to notify us and specifically request a review by contacting support staff no later than 30 (Thirty) days after the dispute resolution. The request for review of the dispute doesn`t suspend the previous dispute resolution.
- The Platform provides an opportunity for each User to generate a special referral link in the Account, which is available to invite other persons to the Platform and receive reward from the commissions charged by Company from these persons.
- The rules of getting reward and other rules of the participating in referral program shall be governed by a separate document – the Referral Program, which shall be an appendix to these Terms.
LOTTERIES AND ADVERTISING ACTIONS
- The Company is entitled to organize and carry out advertising actions and lotteries, including using the Website and the Platform.
- Procedure, conditions, place and date of the advertising actions and lotteries, number of prizes, dates, place and order of receipt thereof, Users can found out on the Website or through the contacts of the Company specified in the Terms and Conditions.
FINANCIAL AND LEGAL ADVICE
- Company does not provide any financial, investment or legal advice in connection with the Services provided by Company. Company may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User's decision and Company will not be liable for any loss suffered.
- The User undertakes to pay all their taxes and duties, which can be resulted from the use of Company Services and should be paid according to the User's state of residence regulations.
- Company is not responsible for any violation made by the User due to their obligation to calculate and pay taxes and duties.
- The User acknowledges that Company does not provide any advice to the User on any tax related matters. Company encourages the User to obtain independent advice from its financial advisor, auditor and/or legal counsel with respect to tax implications of the respective Services.
ASSUMPTION OF RISK, LIMITATIONS ON LIABILITY
- You accept and acknowledge and accept the various risks inherent to using Digital Currency including but not limited to hardware failure, software issues, internet connection failure, malicious software, third party interference leading to access to any Your wallet and other User data. You accept and acknowledge that Company will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the Services, however caused.
- You accept and acknowledge that there are risks associated with utilizing any Digital Currency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. You acknowledge and accept that Company has no control over any Cryptocurrency network and will not be responsible for any harm occurring as a result of such risks.
- We will use reasonable endeavours to verify the accuracy of any information on the Website, but we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Website, information and functions made accessible through the Website, any hyperlinks to third party websites, or the security associated with the transmission of information through the Website or any website linked to by the Website.
- We will not be responsible or liable to You for any loss and take no responsibility for and will not be liable to You for any use of our Services, including but not limited to any losses, damages or claims arising from:
- User error such as forgotten passwords, incorrectly constructed transactions, or mistyped Digital Currency addresses;
- Server failure or data loss;
- Corrupted wallet files;
- Unauthorized access to applications;
- Any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Website or Services.
- We make no warranty that the Website or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to You for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the Website.
- We will not be liable, in contract, or tort (including, without limitation, negligence), other than where we have been fraudulent or made negligent misrepresentations.
NO LIABILITY FOR THIRD PARTY SERVICES AND CONTENT
- In using our Services, You may view content or utilize services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third-Party Content and will have no responsibility for Third Party Content including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in Your jurisdiction. In addition, Your dealings or correspondence with such third parties are solely between You and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and You understand that Your use of Third Party Content, and Your interactions with third parties, is at Your own risk.
- If Company is unable to perform the Services outlined in the Terms due to factors beyond its control including but not limited to the event of Force Majeure or change of law, Company will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.
INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated by us, all intellectual property rights in the Website and in any content provided in connection with our Services, are the property of Company or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Website.
- You accept and acknowledge that the material and content contained within the Website is made available for Your personal, lawful, non-commercial use only and that You may only use such material and content for the purpose of using the Website. You further acknowledge that any other use of content from the Website is strictly prohibited and You agree not to infringe or enable others to infringe our intellectual property rights.
- The Company’s logo and any Company’s product or Service names, logos or slogans that may appear on the Website or service are trademarks of Company or its affiliates and may not be copied, imitated or used, in whole or in part, without Our prior written permission.
- The Website, its components and Content elements may not be used, displayed, copied, reproduced, distributed, republished, uploaded, posted, transmitted, reflected, modified, or used in any way for personal or commercial purposes, in ways that are not covered by Terms.
- The User does not have the right to distribute, sell, translate, modify, reverse engineer or reverse compile or decompile, disassemble or create derivative works from the Website or any content or components available on the Site.
- The User does not have the right to use the pages or elements of the Website and/or any other web page, the rights to the content of which belong to the Company, including through redistribution or copying using special technical means, for commercial purposes, except in cases where such use has been given prior written permission of the Company.
- The User agrees not to interfere and not to take actions that lead to interference or disruption of the Website or servers or networks to which the Website is connected.
- The User agrees not to attempt to gain unauthorized access to other computer systems or networks to which the Website is connected.
- These Terms does not provide for the assignment of any exclusive rights or the issuance of an exclusive license for any components of the Website, Website content from the Company to the User.
GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms shall be governed by and construed in accordance with the laws of the Seychelles Islands, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms shall be submitted to the courts of the Seychelles Islands.
- Recognition of any provision of these Terms as invalid or unenforceable and its cancellation shall not affect the remaining provisions of these Terms, and such invalid/unenforceable provision shall be replaced by a valid/enforceable and legally significant provision that is as close as possible in its economic content, meaning and effect to the original version of the Terms.
FEEDBACK AND CONTACT
- Company is always improving its services and the Website. If You have ideas or suggestions regarding improvements or additions to Company’s Services or the Website, Company would like to hear them;
- Company offers 24/7 support through live chat on cryptolocator.com. You may also email [email protected]
Crypto Technologies LTD, registered in the Republic of Seychelles, company No: 215792, registered office is located at: Suite 1, Second Floor, Sound & Vision House, Francis Rachel Str., Victoria, Mahe, Seychelles.