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Terms and Conditions – Gainpay

Acceptance of terms of use

Please read these terms of use in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We occasionally update these terms so please refer back to them in the future.

Access to and use of the website with the URL www.gainpay.org (hereinafter referred to as the ‘Website’), as well as any information contained in the Website are subject to these terms of use (hereinafter referred to as the ‘Terms of Use’).

By using this website (“Site”), registering for a Gainpay.org Account (“Account”), or using any of our other Gainpay.org Services, you (“you, your, or yourself”) are agreeing to accept and comply with these Terms of Use. As used in these Terms of Use, “Gainpay” refers Exuprio S.r.l., with registration number 12346490969. “Gainpay.org” refers to the company Exuprio S.r.l.) including, without limitation, its owners, directors, investors, employees or other related parties. Depending upon the context, “Gainpay.org” may also refer to the services, products, website, content or other materials (collectively, “Gainpay.org Services”) provided by Gainpay.org.

The Service operated by Gainpay.org allows buyers (“Buyers”) and sellers (“Sellers”), to buy and sell the Internet currency known as “Bitcoins” (see http://bitcoin.org).

The Service operated by Gainpay.org also allows all registered users of the Service (“Members”) to:

  1. Transfer Bitcoins to other Members or other users of Bitcoin outside the Gainpay.org site.

  2. Use Bitcoins for purchasing goods and services.

Any new services which may be offered through the Website shall also be subject to these Terms of Use.

Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow the rules and laws in your country of residence and/or country from which you access this Site and Services. As long as you agree to and comply with these Terms of Use, Gainpay.org grants to you a personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Service.

If you do not accept the terms of use and conditions outlined in this agreement, do not access this site and do not use this service.

By opening an Account, you expressly represent and warrant:

You have accepted these Terms of Use; and

You are at least 18 years of age and have the full capacity to accept these Terms of Use and enter into a transaction involving cryptocurrencies; and

You verify that the information provided to Gainpay.org is correct and that the specified crypto wallet belongs to you.

Risks

The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, the value of your assets may increase or decrease at any given moment. Any currency – virtual or not – may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.

Bitcoin trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Bitcoin is a unique kind of “fiat” currency, backed by technology and trust. There is no central bank that can take corrective measure to protect the value of Bitcoins in a crisis or issue more currency.

Instead, Bitcoin is an as-yet autonomous and largely unregulated worldwide system of currency firms and individuals. Traders put their trust in a digital, decentralised and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.

Bitcoin trading is probably susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Bitcoin because of unexpected changes imposed by the software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.

There may be additional risks that we have not foreseen or identified in our Terms of Use. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Bitcoins.

We use our banking providers in order to receive client moneys and make payments. Our banking providers DO NOT transfer Bitcoins, exchange Bitcoins, or provide any services in connection with Bitcoins.

When payment is made in any other fiat currency then Euro, your cryptocurrency transaction will be subject to a foreign exchange transaction where local banking fees might apply.

Limited right of use

Unless otherwise specified, all Materials on this Site are the property of Gainpay.org and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the Materials from this Site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices and that you do not modify any content without our consent. Material on this website must not be republished online or offline without our prior written permission.

The trademarks, service marks, copyright, intellectual property rights and logos of Gainpay.org and others used in this Site (“Trademarks”) are the property of Gainpay.org and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site belong to Gainpay.org. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site or networked computer environment for any other purpose is strictly prohibited; any such unauthorised use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Maintaining your account: Our rules

This Site is for your personal and non-commercial use only. We are vigilant in maintaining the security of our Site and the Service. By registering with us, you agree to provide Gainpay.org with current, accurate, and complete information about yourself as prompted by the registration process, and to keep such information updated. You further agree that you will not use any Account other than your own, or access the Account of any other Member at any time, or assist others in obtaining unauthorised access.

The creation or use of Accounts without obtaining the prior express permission from Gainpay.org will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and Gainpay.org may elect to take further action against you.

You also are responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own Bitcoins, and for all activity including Transactions that are posted to your Account. If there is suspicious activity related to your Account, we may, but are not obligated, to request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests, or accept termination of your Account. You are required to notify Gainpay.org immediately of any unauthorised use of your Account or password, or any other breach of security, by email addressed to support@gainpay.org . Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by Gainpay.org or any user of the Site.

User obligations

The User is forbidden from carrying out activities which have the purpose of rendering the Website defective, useless, overloading the Website or to hinder, complicate or delay its use or operation. The User is also forbidden to use the Website for fraudulent purposes, or to engage in any conduct which may damage or negatively affect the image, interests or rights of Gainpay.org or any third parties.

The User shall be liable for damages caused to Gainpay.org or third parties as a consequence of the breach of the obligation set forth in this paragraph. Gainpay.org expressly reserves the right to exercise all actions to which it may be entitled by Law.

With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

When using this Website you shall not post or send to or from this Website any material:

For which you have not obtained all necessary consents;

That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to Italian law;

Which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

Gainpay.org has procedures to prevent its business from being used for money laundering or terrorist financing. In order to ensure compliance with adopted rules, Gainpay.org may need to request additional information required by current Anti-Money Laundering (AML) Rules’. We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website.

Finally, you agree that you will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, terrorist financing, or malicious hacking.

The minimum allowable trade is $5.

Termination and escrow of unverified accounts

You may terminate this agreement with Gainpay.org, and close your Account at any time, following settlement of any pending transactions.

You also agree that Gainpay.org may, by giving notice, in its sole discretion terminate your access to the Site and to your Account, including without limitation, our right to: limit, suspend or terminate the service and Members’ Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Members off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Members for any reason, including without limitation: (1) attempts to gain unauthorised access to the Site or another Member’s account or providing assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Gainpay.org, acting in its sole discretion.

We expressly reserve the right to cancel and/or terminate Accounts that have not been verified by the Client despite our good faith efforts to contact you seeking such verification (“Unverified Accounts”). All Unverified Accounts which have been inactive for a period of 6 months or more are further subject to transfer to a third-party escrow (the “Unverified Escrow”), and will no longer be maintained or be the legal responsibility of Gainpay.org. The administrator/trustee of the Unverified Escrow shall make any and all additional reasonable efforts required by law to determine and contact each Unverified Account owner and, after suitable effort and time, will donate any residual Bitcoin or cash in these unclaimed Unverified Accounts to a nonprofit group or groups involved in the Bitcoin ecosystem.

The suspension of an Account shall not affect the payment of the commissions due for past Transactions. Upon termination, Members shall communicate a valid bank account to allow for the transfer of any currencies credited to their account. Said bank account shall be held by the Member. Bitcoins may be transferred to a valid bank account only after conversion into a currency. Gainpay.org shall transfer the currencies as soon as possible following the Member’s request in the time frames specified by Gainpay.org.

Gainpay.org will send to you the credit balance of your Account, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. We will use reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment, however where they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance, and that you agree to be responsible for such charges.

Upon Account closing, any amount less than $5 in value will not be returned.

Availability of services

All services are provided without warranty of any kind, either express or implied. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide you with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information and we will not be liable if this website is unavailable at any time.

We will use reasonable endeavours to ensure that the Site can normally be accessed by you in accordance with these Terms of Use. We may suspend use of the Site for maintenance or the Website may be temporarily unavailable due to issues such as system failure or for reasons beyond our control. We will make reasonable efforts to give you notice of any interruption however you acknowledge that this may not be possible in an emergency.

APIs and widgets

We may provide access to certain parties to access specific data and information through our API (Application Programming Interface) or through widgets. We also may provide widgets for your use to put our data on your Site. You are free to use these in their original unmodified and un-altered state.

External websites

Gainpay.org makes no representations whatsoever about any outside or third party website which you may access through the Site. Occasionally, the Gainpay.org website may provide references or links to other websites (“External Websites”). We do not control these third party sites or any of the content contained therein. You agree that we are in no way responsible or liable for External Websites referenced or linked from the Gainpay.org website, including, but not limited to, website content, policies, features, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content.

External Websites have separate and independent terms of use and related policies. We request that you review the policies, rules, terms, and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

It is forbidden to create links to the Website, unless the link has previously been authorized by Gainpay.org. However, the authorization which Gainpay.org may give to third parties’ websites to include links to the Website will not imply approval or promotion by Gainpay.org of such websites.

Authorized links can only direct to the home page of the Website, and cannot consist of frames that allow the Website to be viewed on third parties’ websites or show any contents or information from the Website on other websites.

Third parties’ websites on which the link may appear must not contain any misrepresentation, or inaccurate, false or incorrect information about the Website, Gainpay.org or any of the persons or entities related to Gainpay.org, and must comply with the Law.

The content of such third parties’ websites must be legal and appropriate in respect of the services provided by Gainpay.org, and could not lead the User to think that Gainpay.org agrees with such content.

If you choose to link to our website in breach of the above you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Financial advice

For the avoidance of doubt we do not provide any investment advice in connection with the Services contemplated by these Terms of Use. We may provide information on the price, range and volatility of Bitcoins and events that have affected the price of Bitcoins but this is not considered investment advice and should not be construed as such. Any decision to purchase or sell Bitcoins is your decision and we will not be liable for any loss suffered.

Financial regulation

Our business model, and our Service, consists of facilitating the buying and selling of Bitcoin, Litecoin and BitcoinCash and their use to purchase goods in an unregulated, international open payment system. The Services we provide are currently unregulated within Italy.

Email

Email messages sent over the Internet are not secure and Gainpay.org is not responsible for any damages incurred by the result of sending email messages over the Internet. We suggest sending email in encrypted formats; you are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request.

Disclosures to legal authorities and authorized financial institutions

We may share your Personal Information with law enforcement, data protection authorities, government officials, and other authorities when:

  1. Required by law;

  2. Compelled by subpoena, court order, or other legal procedure;

  3. We believe that the disclosure is necessary to prevent physical harm or financial loss;

  4. Disclosure is necessary to report suspected illegal activity; or

  5. Disclosure is necessary to investigate violations of our Terms of Use or Privacy Policy. With respect to US residents, we also may share your information with other financial institutions as authorized under Section 314(b) of the US Patriot Act, and with tax authorities, including the US Internal Revenue Service, pursuant to the Foreign Account Tax Compliance Act (“FATCA”), to the extent that this statute may be determined to apply to Gainpay.org. “Personal Information” refers to information that identifies an individual, such as name, address, e-mail address, trading information, and banking details. “Personal Information” does not include anonymised and/or aggregated data that does not identify a specific user.

International transfers of personal information

We store and process your Personal Information in data centres around the world, wherever Gainpay.org facilities or service providers are located. As such, we may transfer your Personal Information outside of the European Economic Area (“EEA”). Such transfers are undertaken in accordance with our legal and regulatory obligations.

Jurisdiction

The Terms of Use shall be governed and construed in accordance with Italian Law, and therefore no representations or warranties are granted as to the compliance of the content of the Website or the services offered through it with the laws of any other country or jurisdiction. Any dispute(s) arising in connection with this Website are subject to the exclusive jurisdiction of Italy.

Limitation of liability

Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

To the extent permitted by law, Gainpay.org will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arises from negligence or wilful deceit or fraud. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded.

Subject to the foregoing, Gainpay.org’s aggregate liability in respect of claims based on events arising out of or in connection with any single Member’s use of the Site and/or Service, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either (a) the total amount held on Account for the Member making a claim less any amount of Commission that may be due and payable in respect of such Account; or (b) 125% of the amount of the Transaction(s) that are the subject of the claim less any amount of Commission that may be due and payable in respect of such Transaction(s).

Indemnity

To the full extent permitted by applicable law, you hereby agree to indemnify Gainpay.org, and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if directly or not directly arising from your use of Gainpay.org’s Sites, your use of the Service, or from your violation of these Terms of Use.

Miscellaneous

If we are unable to perform the Services outlined in the Terms of Use due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the Services provided under this agreement and for a time period coincident with the event.

Modification of terms

Gainpay.org reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.

Disclaimer

We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the veracity, accuracy or legality of the content of the Website. We may modify or shut down the Website at any time, to delete contents of the Website or to modify them in any other way, and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

Definitions

Account: The contractual arrangement wherein a Gainpay.org Member has accepted our Terms of Use and Privacy Policy , and received approval to use the Gainpay.org Services, including the purchase and sale of Bitcoins and to perform associated Transactions.

Bitcoin: The Peer-to-Peer internet currency further described at http://bitcoin.org.

Buyer(s): Member(s) that are submitting an offer to buy Bitcoins through the Service.

Commission: The fee which is payable to Gainpay.org on each Transaction, such as a Bitcoin Purchase Transaction.

Member(s): Buyers and Sellers as well as any holder of an Account.

Personal Information: Information that identifies an individual, such as name, address, e-mail address, trading information, and banking details. “Personal Information” does not include anonymised and/or aggregated data that does not identify a specific user.

Price: The “price per coin” for which Members are willing to purchase or sell Bitcoins, using the Service in a Bitcoin Purchase Transaction. The Price may be expressed in any of the currencies deposited by Members in their Account and supported by the Service. See our Site for a full list of currencies.

Seller(s): Member(s) that are submitting an offer to sell Bitcoins through the Service.

Service(s): The technological platform, functional rules and market managed by Gainpay.org to permit Sellers and Buyers to perform purchase and sale transactions of Bitcoins.

Transaction: Includes the following:

  1. The agreement between the Buyer and the Seller to exchange Bitcoins through the Service for currencies at a commonly agreed rate (“Bitcoin Purchase Transaction”);

  2. The conversion of currencies into Bitcoins deposited by Members on their Account (“Conversion Transaction”);

  3. The transfer of Bitcoins among Members (“Bitcoin Transfer Transaction”);

  4. The transfer of currencies among Members (“Currency Transfer Transaction”); and

  5. The purchase of ancillary products (“Purchase Transactions”).

Gainpay.org may not offer all of these types of transactions at this time or in all places.

Transaction Price: The total price paid by the Buyer in respect of each Transaction performed through the Service.

Identification of the entity that owns the website

The Website is owned by the Italian Company: Exuprio S.r.l. with registered address: Via Borgogna, 8, 20122 Milano MI, Italy.

Contact us

If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms, and/or your use of the Site and the Service, your Account, or any other matter, please contact support@gainpay.org.