These Terms and Conditions (“Terms”) rule your access to and the use of www.eterbase.com and/or www.eterbase.exchange (“Services”) made available by ETERBASE a.s. (“ETERBASE” or “we”) or any of its subsidiaries.
Please read these Terms extremely carefully and contact us if you have any questions. By accessing or using ETERBASE, you agree to have fully read, fully understood and that you shall be absolutely and utterly bound by these Terms.
Changes in these Terms, Premium Membership status, KYC/AML policy, level of access, fee structure and/or any order limits can be done at any given moment without any prior notice, however the changes might be communicated via social media or email.
You explicitly waive any right to trial by jury or to participate in any class action in any jurisdiction in the world.
ETERBASE and the Services are provided by us on an “as-is” basis without any prior warranty of any kind at any given moment. Except as expressly provided in these Terms, all warranties, conditions, representations, indemnities and guarantees with respect to the Services and ETERBASE, whether express or implied, arising by law, custom, prior oral or written statements by ETERBASE or otherwise (including, but not limited to any warranty of merchantability, satisfactory quality, fitness for particular purpose and non-infringement) are hereby overridden, excluded and disclaimed. ETERBASE is not liable to you for any indirect, incidental, special, punitive, exemplary, consequential or other damages, arising out of or relating to any loss of profits, revenue, cost or loss of opportunity.
You will defend, indemnify, and hold harmless ETERBASE each of their respective Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation any attorneys’ fees, arising out or relating to
(a) your use of, or conduct in connection with, the Services;
(b) any Feedback or User Content you provide;
(c) your violation of these Terms; or
(d) your violation of any applicable law or the rights of any other person or entity.
If you are obligated to indemnify any Indemnified Party, ETERBASE (or, at ETERBASE discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether ETERBASE even wishes to settle, and if so, on what terms.
You utterly and fully agree to any of these changes by continuing to use ETERBASE and our Services.
By clicking on an “I Agree” button or check box presented with these Terms or by accessing or using any Services, you fully agree to be entirely bound by these Terms.
Registration and Compliance
You are required to register at ETERBASE before you are even allowed to use the Services.
It is not possible nor allowed to use ETERBASE anonymously.
We fully reserve the right to refuse the creation of a new account for any reason.
We fully reserve to cancel any account at any moment at our sole discretion.
We fully reserve right to share full information (including IPs, balances, transactions and all personal data we collect) related to any account with financial intelligence units, counter terrorism units, secret services, attorneys or any government body within the European Union and its Member States, United States of America, Australia and New Zeeland if requested.
You are required to provide us with complete and accurate information about yourself. You are responsible for submitting correct account data and for keeping this information up to date.
We will ask you to provide proof of your identity and accompanying documents at any time. Any information provided by you will be verified by us.
Criminal acts and economic offenses such as terrorism financing, money laundering and trading in not legitimately obtained cryptocurrencies are forbidden and will be strictly reported to the financial intelligence unit (within the understanding of AMLD5). When you are found to be violating laws or regulations, we will automatically report to all authorities.
Unverified users or users with incomplete information might have limited rights and might have their deposit or withdraw frozen at any given time.
You give us expressly all permissions to do high-level extra screening utilizing complex artificial algorithms in addition to the requested information. This might include the review of privately and publicly available information and any other sources from our disposal as well.
You are fully and utterly responsible for any compliance with any applicable laws concerning all aspects of cryptocurrencies and are expected to be aware of the legal status of cryptocurrencies in your country of residence.
We are not required to any provide information or explanation concerning the legal or technical status of cryptocurrencies.
Provisions regarded to clients affected by hacker attack
Provisions in this section only concern clients affected by hacker attack that occurred on September 07 and 08, 2020.
You are aware of the fact that cryptocurrency exchange ETERBASE was hacked and investigation is carried out by law enforcement agency. You hereby confirm correctness of balance of your digital assets and euros displayed before acceptance of these Terms. You are aware of the fact that your digital assets and euros are being converted into EBASEv3 in conversion ratio 1:1 i. e. your digital assets denominated into euro are being converted into equal value of EBASEv3 (e. g. 1 euro or digital asset corresponding to value of 1 euro = 1 EBASEv3) what you expressly agree with. Regarded to your balance in euro ETERBASE declare its interest to pay this euro balance until 24 months from acceptance of these Terms at latest or even sooner if financial situation will allow ETERBASE to pay it provided that this will not cause negative impact on operation of ETERBASE.
You expressly waive any right for compensatory damages in maximum extent permitted by law particularly but not solely from title of determination of your amount of your digital assets and/or euro and their conversion into EBASEv3 and potential decrease of value of EBASEv3 in the future. You are obliged to check your balance of digital assets and euros before acceptance of these Terms. If you would agree with displayed balance you will confirm your balance by acceptance of these Terms. You are aware of the fact that EBASEv3 shall only be traded on ETERBASE.
Confidential Information refers to any business, technical, personal or any other kind of information, whether or not stored in any medium, regarded or related to these Terms or their part and usage of Services and ETERBASE. In case of doubts, information is considered as confidential.
ETERBASE and you as party receiving confidential information accepts, declares and undertakes not to disclose any Confidential Information to third parties – for whatever purpose – without obtaining the prior written approval of the disclosing party. In the event that the receiving party is obliged to disclose Confidential Information as a result of a court ruling or other state directive, the receiving party shall notify the disclosing party accordingly in good time. Receiving party may disclose any Confidential information to its employees, officers, directors and professional advisers who need to know the same and who know they are obligated to the same extent of owe a duty of confidence to the disclosures stipulated in these Terms. You acknowledge that all information contained in these Terms is confidential and is received under a duty of confidentiality to the disclosing party.
The Receiving party shall not without the prior written permission of the disclosing party make any copies of confidential information or any part of it or reproduce, distribute or otherwise make it available without the prior written permission of the disclosing party (all copies or other reproductions shall contain the same confidential notices and legends as appear on the original confidential information).
The receiving party shall not, without the prior written approval of the disclosing party, use for its own benefit, publish, copy, or otherwise disclose, permit the use by others for their benefit, or to the detriment of the disclosing party, any of the confidential information.
Duration and Termination
These Terms will apply to you until termination of your account and the use of our Services.
You may terminate your account at any time.
ETERBASE may at any time terminate your account without any notice.
We are fully entitled to suspend or terminate your account and freeze indefinitely and confiscate all funds upon the discovery of any and even slightly incorrectly submitted account data, any even minor suspicion of illegal activities or any acts in breach of these Terms.
ETERBASE may at any time decide to discontinue its Services, in which case all outstanding orders will be canceled. You might not be given any opportunity to withdraw all funds.
Transactions and Orders
ETERBASE offers you the option to trade:
Each of these is considered a transaction, for which certain restrictions may be in place. These restrictions can be changed by us at any time without any prior notice or warning.
Submitting orders for transactions are only possible if you have funds.
When you submit an order via ETERBASE, you authorize us to execute a transaction in accordance with such order.
You also fully acknowledge that we shall not act as your advisor or agent.
You may only cancel an order if such order has not been executed by us yet.
All or any of the transactions may be automatically executed by ETERBASE on the basis of your preferences and settings.
You are responsible for all the orders provided to us.
Any and all erroneous instructions are solely your responsibility.
ETERBASE is not responsible for any price fluctuations or price manipulation by any kind of mechanics.
We will only provide you with an estimation of the current exchange rates, but you fully acknowledge that the final transaction may significantly differ.
Any and all transactions are final and cannot be reverted.
We do not guarantee the availability of sufficient supply and demand to fully or partially process any order type.
ETERBASE processes transactions in a chronological order.
We may at any time refuse to execute any order.
Deposits and Withdrawals
Any restrictions in relation to deposits and withdrawals might be published on ETERBASE. We reserve the full right to amend these restrictions at any time without any prior or past notice.
Deposits and withdrawals lower than the minimum fee will not be processed and will be charged as our administrative costs for the full amount.
ETERBASE has no influence on the processing speed of transfers and any deposits will be added to your balance as soon as payment is confirmed.
A cryptocurrency deposit will be added to the balance as soon as we have received sufficient verifications and conducted AML and chain analysis checks of the transaction.
We maintain the full right to reject any cryptocurrency deposits addresses and/or bank account numbers without any prior or past notification.
ETERBASE will not accept any liability for loss or damage as a result of reliance on the information provided via ETERBASE Bot Service. Trading and investment into digital assets involve substantial RISK. Trading and use of ETERBASE Bot Service is solely at your discretion.
SEPA or IBAN deposits are limited to euros only. If a different currency is used, all conversion fees will be passed on to you.
SEPA withdrawals are limited to the EU SEPA bank accounts only.
Submitting any bank related details is only your responsibility.
If a SEPA or IBAN deposit cannot be credited to the account due to a wrong description or a different account holder name, for instance, it will not be refunded.
We maintain the right to pass all costs charged by the bank on to you or not to process a transaction at all.
Passwords and all two-factor authentication data must be kept secret. We expect you to do your utmost best to prevent unauthorized parties from obtaining this data.
We will never ask you to provide authentication data (passwords and 2FA authentication) besides the time you are signing in or out of the platform. You must never respond to a request to provide this data, even if the request appears to originate from ETERBASE.
If funds are stolen the users have no right to any compensation.
Processed transactions are definitive and irreversible. Submitting the correct address is only your responsibility, even in the event an address is changed by malware.
Fees and Costs
All applicable fees and costs are shown on the ETERBASE website.
You are not entitled to any interest or dividends on your funds stored with ETERBASE.
We may offer certain functionalities via the use of an API. Using the API requires an API key, created by the user. You are aware that these keys grant access to the account.
The usage of the API and the keys is only your responsibility.
We make documentation available for the API on our website. Errors in the documentation or unintended interpretation of the documentation by you cannot be ruled out. We will not be held liable for any damage resulting the API documentation or incorrect specifications of any kind.
ETERBASE will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of ETERBASE, including without limitation any cyber-attacks, hacks, DDoS attacks, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or any software malfunction.
Complaints and Support
Any complaints about ETERBASE and its Services can be reported via [email protected]
We reserve the right not to respond to any or all requests.
We reserve the right not to provide you with any support at all relating to any aspects of Services or ETERBASE.
Updated on 15th December 2020, 23:30 CET
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