THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH example WILL PROVIDE ITS ACCOUNT SERVICES. THIS AGREEMENT DESCRIBES USER’S RIGHTS AND OBLIGATIONS WHEN USING THESE SERVICES. USER MUST READ THE AGREEMENT CAREFULLY AND BE SURE USER UNDERSTANDS THESE TERMS AND CONDITIONS.
CREATION OR USE OF A example ACCOUNT MEANS USER UNCONDITIONALLY ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THE PARTIES TO THIS AGREEMENT ARE THE ISSUER AND THE USER.
1. Definition of Terms
USD backing the example currencies is held in trust by The example Special Purpose Trust for the exclusive benefit of all example account holders collectively.
- 1.1. Available Balance: means the total balance of a particular account in PSM minus any accrued fees. The balance in an account in PSM is redeemable at any time via an authorized third party.
- 1.2. Backing: means USD/EURO backing of the PSMs in Issuers system, which may be held totally or partially in trust by The example Special Purpose Trust for the exclusive benefit of all example account holders collectively.
- 1.3. Electronic Means of Identification: means a series of elements for the identification of a user, specifically a Password, a Welcome Message, Pin and Master Key together referred to as EMIDs, which are a group of elements, known only by the user, considered of a convenient complexity as per the Issuer, this EMIDs are required to enter into an account. In accordance to this agreement, EMIDs will be considered will be understood to be any methods of identification determined by the user and Issuer. Issuer for the users safety can determine and establish other EMIDs which will be implemented after their publication on the website.
- 1.4. Exchanger: is an individual or a legal entity, which provides the sale and purchase of PSMs as well as the exchange of electronic money in to physical currencies. Said individuals are identified by an “X” account and listed in the website.
- 1.5. Account: means the electronic account created by the user on example ’s website to carry out electronic transfers and purchases with the electronic currency, exclusively in PSM.
- 1.6. Issuer: means example S.A., a Costa Rican duly registered Company, domiciled in San José, Costa Rica, that operates an electronic money service which allows Customer to send and receive payments (the "Service").
- 1.7. example (PSM): means the digital currency in which the electronic transfer services are provided; backed by United States of America Dollars and Euros; hereinafter for all legal purposes referred to as PSM. The word "example"; is a registered trademark.
- 1.8. Merchant: is an individual or a legal entity, which provides the sale and/or purchase of goods and/or services that accept PSMs as payment and is identified with an “M” account.
- 1.9. User: means the person (individual or legal entity) that creates the example account. User is the owner of the account from the perspective of Issuer.
- 1.10. Transfer: means the act of transferring PSMs from a example Account to another User’s Account in the example website. Transfers are accounted in USD/EURO and convey title to that precise amount of value. Transfers cannot in any case exceed Available Balance.
- 1.11. Service: means an electronic transfer service.
- 1.12. Website: means the Internet website property of example S.A. available at www.example.me
- 1.13. USD: means dollars, currency of the United States of America.
- 1.14. National Money or Currency: means any money or currency different to the dollar, currency of the United Sates of America or Euros currency of the European Union.
- 1.15. Costa Rica: means the Republic of Costa Rica.
- 1.16. EURO: means the legal currency of the European Union.
2. Conditions of Use
- 2.2. User herby aggress and declares that user is 18 years or older, at the time of opening a example Account. Issuer reserves the right to request evidence of users age at any given time.
- 2.3. User may only open one Account per valid e-mail address.
- 2.4. User may only open an account if it is legal to do so in Users country of residence. By opening an account User represents and warrants that opening an electronic account in Issuers system does not violate any laws or regulations applicable to said User. User shall indemnify Issuer against any losses Issuer may incur in connection with Users breach of this section.
- 2.5. User must provide Issuer with valid and accurate identifying information as determined by Issuer in the sign up process, Issuer reserves the right to verify said information from time to time. User’s non-compliance with this condition of use will allow the Issuer to restrict the account without notice.
- 2.7. User agrees to create a secure password when managing its EMIDS. In order to consider a password secure it shall (i) combine letters, symbols and numbers, (ii) not include users name or personal information, (iii) be different from the ones used in other electronic accounts.
3. User Obligations.
- 3.1. No other person than the User has any rights in relations to the funds in Users example account, except for succession cases. User may not assign nor transfer a example account to a third party or grant a third party legal or equitable interest over it.
- 3.2. User hereby agrees to comply with security recommendations given by Issuer and the breach of this obligation releases Issuer from any and all responsibilities relating to said Users Account, furthermore Issuer may take action to secure Issuers system safety.
- 3.3. User must ensure that the information recorded on the account is accurate and up to date and Issuer shall not be liable for any loss arising out of Users failure to do so. Issuer reserves the right to confirm the accuracy of the information provided by User or to provide documents or other evidence, at any time.
- 3.4. User is responsible for checking regularly the proper functioning of Users e-mail account or other methods of communication that User has registered to communicate with Issuer. Issuer shall not be liable for any loss arising out of Users failure to do so.
- 3.5. Fund uploads, transfers received and transfers sent are displayed in your online transactions history together with the fees charged. User should check the Account balance and transaction history regularly. User should report any irregularities or clarify any questions User may have as soon as possible by contacting Customer Service.
4. Protection of Passphrase
- 4.1. Issuer system works in such manner that Issuers officers, employees, managers, share holders or officials are not able to access Users EMIDs, Issuer may only at Users request reset Users Account for Users to create new EMIDs. Therefore, User is the only responsible for the protection of User’s EMIDs, which are solely created by the User, which gives access to User’s example account. Said EMIDs are secret and personal. User agrees that, in the event of the loss or misuse of User’s EMIDs, Issuer disclaims all liability for such loss. User shall indemnify and hold harmless Issuer for relying on transactions authorized using User’s EMIDs prior to such time as User notifies Issuer that User’s EMIDs have been compromised. User hereby agrees to keep his EMIDs under the outmost confidentiality including but not limited to third parties to this agreement.
- 4.2. User acknowledges and accepts that in the case of a claim of unauthorized transfers, the presumption shall be that all Transfers are authorized by and are the liability of the User.
- 4.3. User must not divulge User’s EMIDs to anyone else, nor may User use anyone else’s EMIDs. User agrees that Issuer will treat any person accessing User’s account with User’s EMIDS as the User.
- 4.4. Issuer is not responsible for losses incurred by User as the result of User’s misuse of EMIDs.
- 4.5. User agrees that any action taken by any person using User’s EMIDs shall be binding on User and all other parties with an interest in that account.
- 4.6. User herby acknowledges that EMIDs are confidential and constitute a substitution to their hand written signature, since it is physically impossible to seal it. Therefore these EMIDs have the same legal effects that a hand written signature, therefore having the same probative value in a court of law; hence the user is responsible before Issuer of the misuse of Issuers services. The EMIDs are neither transferable nor delegable.
5. Irrevocability of Transfers
- 5.1. User agrees that all Transfers initiated by User are final and not reversible.
- 5.2. User is responsible for all Transfers from User’s example Account, even if the instructions provided by User are incorrect.
- 5.3. To transfer funds User is required to authorize the payment with Users Master Key after having the opportunity of reviewing the transfer information.
- 5.4. Every recipient of a payment or transfer must have a valid example Account.
- 5.5. User is required to provide the recipient&rsqrsquo;s User Account number, User must carefully type the exact account to which User wishes to send money. Issuer uses the account number as the unique identifier to determine the intended recipient of the payment which User instructs Issuer. Issuer provides User an opportunity to check said instructions. Other information provided by User along with the recipient’s account number may be disregarded and Issuer shall not be liable for any error made by Users when entering the recipient’s account number.
- 5.6. The account of the intended recipient will be credited instantly with the funds. Once funds are credited to the recipient’s Account, the transfer becomes irreversible.
- 5.7. Transfers are subject to fees. Please see section eleven for details.
- 5.8. User understands and acknowledges that example is registered and is 100% domiciled in Costa Rica and that example follows the laws of Costa Rica, including, but not limited to, allowing gaming and gambling businesses to use example as a payment system, which may not be acceptable or legal in User's own jurisdiction.
- 5.9. User understands and acknowledges that Issuer has posted various tips and numerous safety recommendations for Users Safety. Issuer warns User that not all products and/or services may be legally obtainable in Users jurisdiction or Country of Residence, if you have any doubts about a product or service please contact a local legal counsel. User releases Issuer of any liability or responsibility that may arise from Users misuse of the service.
6. Disputes Between Users
- 6.1. Any disputes that arise between Users are not the responsibility of Issuer. User hereby waives any right or action which may have according to the laws of any applicable jurisdiction against the Issuer for damages or any liability that may arise in relation with the Service, for any misuse of the User or any misconduct or fraudulent behavior of any other User of the Service, except in the case of willful misconduct of the Issuer previously declared by a court of competent jurisdiction.
- 6.2. User acknowledges Issuer does not make any guarantees regarding purchases made when using the example service. User acknowledges that Issuer does not ensure the quality, safety, or legality of any merchandise received, nor that the seller will even ship the merchandise.
- 7.1. User agrees to indemnify and hold harmless Issuer, its agents, affiliates, officers, directors and employees from any claim or demand whatsoever relating to or arising out of User’s use of the example system, except for any loss caused by willful misconduct of Issuer previously declared by a court of a competent jurisdiction.
- 7.2. The Issuer will not be responsible for any claim unless it has been caused by willful misconduct, default or fraud. In particular, the Issuer will in no way and under no circumstances be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused but not limited to the following causes: (i) payments made to unintended recipients; or (ii) payments made in incorrect amounts due to the input of incorrect information by sender; (iii) payment made by a third party who passes all identity and verification checks; (iv) any fraud, deception or misrepresentations by User, whether or not the User is verified in any manner; (v) any damages resulting from a recipient's decision not to accept a payment made through example, (vi) any errors or omissions in the website content, (vii) the misuse of the website content or the inability of any person to use the site, (viii) delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system and the failure of the central computer system or any part thereof; and (ix) any result of any acts of government or authority or any act of God or force majeure.
8. Obligations of Issuer
- 8.1. All funds in circulation shall be backed 100% at all times with unencumbered USD (or other currency that is held in User’s example account). example may create a Special Purpose Trust to hold USD/EURO backing the totality or a part of the example currencies in trust for the exclusive benefit of all example account holders collectively.
- 8.2. Under no circumstances will Issuer abrogate its obligation to back all electronic funds with (at least) 100% reserve of USD.
- 8.3. Issuer will ensure that a secure online User interface is made available.
- 8.4. Strictly for User’s convenience, Issuer may allow transfer order entry in terms of national currency units using an exchange rate specified by Issuer. Posted exchange rates are only for convenience of User. Issuer does not make a market for exchange and Issuer does not represent that anyone will make a market honoring the specified exchange rates.
- 9.3. If User detects any error in the data Issuer holds on him, User should correct the data in Users Account profile or, where this is not possible, by contacting Customer Service.
- 9.5. After termination of Users example Account for any reason, Issuer will continue to hold Users personal Account data for a period of five years or such other period as prescribed by applicable law.
10. Rights of Issuer
- 10.1. Issuer reserves the right to appoint third parties to fulfill specified governance roles, including, but not limited to: (1) Trust, (2) Auditor, (3) Operator.
- 10.2. Issuer may set value limits (balance, transfers, etc.) on a example Account based on the sufficiency of the identifying information provided by User or by order of a court or arbitration body acceptable to issuer.
- 10.3. Issuer may restrict User’s ability to use more than one example account in an attempt to circumvent the value limit.
- 11.1. Issuer reserves the right to assess and collect the following fees from User’s account the following fees: (i) Monthly Fee; collected by Issuer monthly from User’s account; (ii) Transfer Fee, deducted by Issuer in USD from the recipient account of a Transfer, these fees are available in Issuers web page in the Fees page; (iii) Administrative Fees, collected by Issuer for providing support to User when User contacts Issuer and Issuer is not at fault.
- 11.2. All fees are set forth by the Issuer at its sole discretion and published at any time on the Issuer’s website and are subject to change at the Issuer’s sole discretion from time to time.
- 11.4. Our Fees are either expressed as a percentage of the transaction or as a fixed amount in Euros or USD, with minimum and maximum fees limits, available for User in Issuers website in Issuers fees link.
12. Restriction, Securing and Termination of an Account
- 12.1. Issuer may terminate your example Account or any payment service associated with it by giving User one-month prior notice. User may terminate Users Account with Issuer at any time. Different termination rights may apply under a Merchant or Exchanger Agreement if User holds a Merchant or an Exchanger Account.
- 12.3. Issuer may Secure your Account at any time if: (i) Issuer reasonably believes that Users Account has been compromised or for other security reasons; or (ii) Issuer reasonably suspects Users Account has been used or is being used without Users authorization or fraudulently; and Issuer shall notify User either prior to the suspension or, if prior notification is not possible under the circumstances, promptly after the suspension unless law prohibits Issuer said notification; or
- 12.4. Issuer will terminate a example User Account if User uses, or attempts to use the example service in connection with tampering, cracking, modifying or otherwise corrupting the security or functionality of Issuers system. Additionally, User will be subject to damages and other penalties, including criminal prosecution where available and the notification of the general public of User’s actions, at the sole discretion of Issuer.
- 12.5. Issuer will terminate Users example Account if User alters, modifies, or changes Issuer’s trademarks, or attempts to do so.
- 12.6. Issuer will restrict, secure or terminate or remove a restriction, security or reinstate a example account, if ordered to do so by an order from a court of competent jurisdiction or arbitration body of competent jurisdiction.
- 12.7. Applicable fees will continue to be assessed on a restricted or secured account.
- 12.8. Issuer will not close and or reverse inactive example accounts. An inactive account with a balance shall remain dormant forever, continuing with an assessment of fees, unless and until an heir presents valid documentation entitling the heir to inherit the account.
13. Force Majeure
- 13.1. Issuer will not be responsible for delays or failures in the transmission, receipt or execution of orders, payments, deliveries or information due to events beyond its control. The obligations of this Agreement precede any government enactment.
- 14.1. Issuer retains all right, title, and interest in and to trademarks. User shall only use example trademarks with the express written permission of Issuer. User shall not use Issuer’s trademarks in any manner that is disparaging to example. Under no circumstances may a User alter, modify, or change Issuer’s trademarks.
15. Third Party Links
- 15.1. Issuer provides links to other web sites that may be of interest for Users, solely for the convenience of Users. Any such linked site does not constitute part of the example Network unless expressly stated. User understands and accepts that the Issuer is not responsible for the privacy practices, or the content of any such web sites.
- 15.2. User acknowledges and agrees that Issuer (and its directors, affiliates, officers, employees and agents) give no warranties or representations in connection with any links to other web sites or the operations of those web sites and in no way guarantees the use of such web sites or the services offered, included but not limited to the services of any Exchangers.
16. Changes to these Terms of Service
- 16.1. These Terms of Service and any additional terms and conditions that may apply to additional services are subject to change. Changes will be implemented with prior notice from Issuer under the procedure set forth in this section.
- 16.2. example shall give notice of any proposed changes by announcing said changes in it web site and BLOG.
- 16.4. If User objects to the changes they will not apply to User, however, any such notice of objection shall constitute a notice to terminate and close Users Account.
- 17.1. The parties voluntarily agree that all controversies or differences that may derive from these Terms of Service, its execution, performance, application, interpretation or resolution that cannot be resolved by negotiation in a three calendar day period will be submitted to the following procedures:
- 17.2. The conflict will be first submitted to the by-law conciliation of law procedure established by the Conciliation and Arbitration Center of the Costa Rican Chamber of Commerce, which may not take more than two calendar days.
- 17.3. If the conflict persists, either totally or in part, the parties shall submit it to the by-law arbitration procedure of the Conciliation and Arbitration Center of the Costa Rican Chamber of Commerce, to which the contracting parties submit to unconditionally.
- 17.4. The Arbitration Court will be made up of three arbitrators, one appointed by each of the parties and the third one will be appointed by both arbitrators. Said procedures will take place in the Conciliation and Arbitration Center of the Costa Rican Chamber of Commerce in accordance with law number 7727 Alternative Resolution of Conflicts and Promotion of Social Peace.
- 17.5. The parties also agree that fees that of the conciliators or of the Costa Rican Chamber of Commerce, depending on the case, will be paid by both parties in equal parts whether a settlement is reached or not.
- 17.6. In case of arbitration, each party will pay for their own fees and expenses during the procedure, and the party that is determined as the looser will repay those amounts to the winning party, if the arbitrator determines it.
- 18.1. Failure to exercise or delay in exercising any right, power or remedy hereunder by Issuer shall not operate as waiver thereof, nor shall any single or partial exercise of any right, power or remedy of Issuer hereunder preclude any other or future exercise thereof or the exercise of any other right, power or remedy.
- 19.1. The provisions of this Agreement shall be continuous and shall inure to the benefit of Issuer, its successors and assigns, and shall be binding upon User and/or the estate, personal representatives, administrators and successors of User. Issuer may assign its rights and delegate its duties as to any or all transactions under this Agreement. User shall not delegate any obligations hereunder without the prior written consent of a duly authorized officer of Issuer and any attempt of such delegation without such consent shall be void.
20. Governing Law and Jurisdiction
- 20.1. This Account Agreement shall be governed by and construed in accordance with the laws of Costa Rica.
- 21.1. The parties hereby submit to the jurisdiction of the Costa Rican Courts or competent Arbitration Centers.
- 22.1. In the event that any provisions of this Agreement shall be determined by an arbitration body or a court of competent jurisdiction to be unenforceable in any jurisdictions, such provision shall be unenforceable in that jurisdiction and the remainder of this Agreement shall remain binding upon the parties as if such provisions were not contained therein. The enforceability of such provision shall otherwise be unaffected and remain enforceable in all other jurisdictions.
23. Entire Agreement
- 23.1. This Agreement constitutes the entire and whole Agreement between User and Issuer and is intended as a complete and exclusive statement of the terms of the Agreement. I17.3. If the conflict persists, either totally or in part, the parties shall submit it to the by-law arbitration procedure of the Conciliation and Arbitration Center of the Costa Rican Chamber of Commerce, to which the contracting parties submit to unconditionally. This Agreement may be amended from time to time at the Issuer’s sole discretion and shall oblige the User upon User’s failure to object such amendment within 10 days after being posted on Issuer’s website.