Terms of Service
Last modified: June 14, 2024
Please read these terms and conditions that follow ("Terms") carefully as they form a contract between you and ETransfer and all of its related products and Services, (“ETransfer”, “we”, “our” or “us"). These Terms govern your access and use of our products and Services. “Services” refers individually and collectively to the ETransfer website (https://etransfer.exchange, the "Website"), ETransfer platform, APIs, mobile applications (each, an “App”), and any software services provided by ETransfer, as well as all written or electronic materials including software, data, text, audio, video, images, photos, graphics, or other content (“Content”). These Terms refer to the individual or entity using the Service (including any component of the Service) as “you” or “your”.
Please note that by accessing, browsing or otherwise using the Website and App, or by acknowledging agreement to the Terms and ETransfer Privacy Policy on the App, you are accepting and agreeing to these Terms and the policies and guidelines referenced in these Terms. If you do not agree to these Terms then you may not use the Services.
We will notify you of amendments to these Terms by either: (a) posting the revised terms on our Website; (b) sending you an email notification to the email address that you provided to us as part of your account registration, or a notification via SMS or other messaging service; or (c) presenting the revised Terms to you when you log into the Services. It is your responsibility to provide and update your external email address, check for such notices, and make sure our notices have not been trapped by your spam filter. It is your responsibility to periodically revisit these Terms as posted on our website. Such updated Terms will become effective the earlier of: (a) when you accept it online or offline, (b) twenty (20) days after we post or email the update, in which case your continued use of any of the Services or failure to cancel your account will indicate your acceptance of the amendment.
Products and Services
ETransfer allows end users ("you", "User", "Users") to initiate P2P transfers of digital assets between different blockchain networks and Centralized Exchanges.
In order to request a transaction, User must use the App and:
fill in the details required by the App to initiate transaction;
accept the fees (you do this by clicking the “Deposit” and “Withdraw” button on the main screen);
accept the Terms (in some cases a previous act of acceptance may be sufficient, which will be determined by ETransfer);
ETransfer is not responsible for any inaccuracy in the data provided by User. User is obliged to check all the information before submitting it to ETransfer. Blockchain transactions are irreversible and ETransfer will not be able to reverse any transactions already executed in case User made a mistake in the provided data or instruction.
The digital assets will be sent to the address provided by the User after Liquidity Provider receives the purchase price from the User. The purchase price includes the price for digital assets and all applicable fees as set out in these Terms. The time of settlement may differ depending on the exchange and/or chain.
The service within the App is considered rendered by ETransfer if the following occurs:
ETransfer receives the request from User to match with Liquidity Provider;
User initiates a transfer from their account to Liquidity Providers account;
Liquidity Provider initiates the release of crypto assets to the crypto asset address indicated by User.
You confirm that you understand that due to the nature of crypto currency addresses, it is not possible to get a refund or re-enter a different address once a transaction is initiated and you are solely responsible to introduce a correct address.
The products and the services that we provide under it are digital in nature. Therefore, both the features and the risks connected to digital businesses will apply accordingly to the App and its users. This means, in particular, that certain software and hardware qualities may be required in order to properly sign in to and use the App.
Blockchain transactions are irreversible, and any information stored in blockchain will remain there, with no possibility of deleting or withdrawing it. Your blockchain address and certain data will be displayed permanently and publicly. You agree to relinquish any right of rectification or to the erasure of personal data, which is not possible on the blockchain.
No advice
The information provided on our products does not constitute any form of advice, and you should not treat any of the Website's or App's content as such.
ETransfer is not directly affiliated with or responsible for any cryptocurrency, token, or other digital asset and cannot be held liable with respect to either the price or features of such assets or your losses of them.
Exchanging digital assets may involve risk. Do conduct your own due diligence and consult your financial advisor before making any decisions.
Intellectual property
You are not allowed to copy any part of the Website, App or its code without ETransfer’s prior explicit consent.
No intellectual property rights are transferred to User. No license is granted to User. The User is entitled to use the App only for the purpose of initiating transactions that may be carried out through the App.
Fees and Expenses
The App may involve several types of fees paid by Users:
ETransfer fee;
Network fee; and
certain transaction fees may be charged by other service providers, including your exchange service.
Restrictions and User warranties
ETransfer App may not be used by certain categories of people or entities as indicated below.
By accessing our the App, you confirm the following:
your jurisdiction allows you to use the App and you are neither a citizen nor a resident of (including tax residency), nor are you currently located in any of the following states or territories or any entity formed under the laws of: Afghanistan, Central African Republic, China, Cote d'Ivoire, Cuba, Democratic Republic of Congo, Eritrea, Guinea-Bissau, Iran, Iraq, Lebanon, Liberia, Mali, Myanmar, North Korea, Pakistan, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Trinidad and Tobago, Uganda, Vanuatu, Yemen, Zimbabwe.
you are neither on any of the U.S. Treasury Department’s Office of Foreign Asset Control’s sanctions lists, the U.S. Commerce Department's Consolidated Screening List; the EU consolidated list of persons, groups or entities subject to EU financial sanctions, nor do you act on behalf of a person sanctioned thereunder or a U.S.-, EU- or UN-sanctioned state, nor are you or do you act on behalf of a person sanctioned by any other international body or organisation;
you will not be using the App to trade or exchange tokens or other digital assets that are either regulated securities, derivatives or financial instruments or proceeds of criminal or fraudulent activity, and you are aware that any use of such assets may be an infringement of the Terms and applicable laws or regulations;
you are not using any automated system to access the App in a manner that sends more request messages to the App servers than a human can reasonably produce in the same period by using a conventional online web browser;
you are over 18 years old.
You are prohibited from interacting with the App in cases where your jurisdiction disallows our exclusions of liability or applies mandatory laws overriding the Terms or any of its provisions. You are responsible for compliance with all of the applicable laws, regulations applicable to you.
Functionality, compatibility and technical protection
ETransfer App operates on the latest 2 versions of desktop Chrome, and Safari.
In order to properly sign in to and use the App, the system used by User must be properly supported by the browser on which the App operates.
All available digital assets will be displayed to you once you visit the App. ETransfer cannot, however, guarantee availability of each digital asset in every jurisdiction nor liquidity of each and all digital assets at all times. ETransfer reserves the right to shape the digital assets catalogue in the App at its own discretion.
In extreme cases (e.g. suspicion of fraud or whenever we are required to do so by law), we may suspend access to the App with respect to particular crypto asset addresses, exchange account or a particular person.
Security
We use industry-standard encryption methods to ensure the security of your data in accordance with applicable laws and regulations, but we cannot guarantee the full security of any data transmitted to exchange services providers or ETransfer. We take reasonable precautions to ensure that your data is not lost, misused, accessed, disclosed, altered or destroyed.
You are responsible for maintaining adequate security and control of any and all log in IDs, passwords, private keys, personal identification numbers (PINs), and any other codes that you use to access the Service or the ETransfer App. You will be solely responsible for the private keys that we provide to you or that you generate for our wallets, and maintaining secure back-ups. You will prevent unauthorized access to or use of the Services using your account credentials or private keys, and notify us promptly of any such unauthorized access or use. You must keep your account ID, passwords and any other account credentials confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use.
ETransfer will never ask you to provide your exchange account password.
You should ensure that your computer is free from and shall not introduce into the App any malicious software. Prior to using our products, you are required to install up-to-date, industry-standard and comprehensive anti-virus software to seek to prevent the introduction of any malicious software into the App.
Updates and Amendments
The Terms of Services may be regularly reviewed and updated as required. Each document comprising the Terms will include information on when it was last reviewed. Please observe what version of the Terms applies to you before you enter into any transaction using ETransfer App.
We may, without prior notice and liability, and for any reason:
stop providing the App or any of its features to you or to Users in general;
change technical solutions used in the App;
create usage limits for the App; or
permanently or temporarily terminate or suspend your access to the App.
Liability
ETransfer shall not be liable in any way to you or to any other person for the truthfulness, completeness, reliability and accuracy of account information or any other information or data it receives from third parties, including you and your exchange service providers. We shall not be required to make any investigation into and shall be entitled in good faith without incurring any liability to assume (without requesting evidence thereof) the validity, authenticity and veracity of any information, declarations or notices received with respect to providing services. In this respect, we fully rely on the data providers involved and are not obliged to independently verify the information we receive.
ETransfer APP IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE APP OR THE USE OR OTHER DEALINGS IN THE APP.
Since the App is provided on “as is” basis, we do not guarantee an error-free process. Every effort is made to keep the App up and running smoothly. However, ETransfer takes no responsibility for, and will not be liable for, the App becoming temporarily unavailable, especially due to technical issues beyond our control. The possibility of performing transactions may be temporarily unavailable in case of liquidity issues for which we take no responsibility. Additionally, we accept no responsibility for and cannot guarantee the reliability of either exchange services that a User chooses in order to use the App.
Indemnification
You agree to indemnify and hold ETransfer and its subsidiaries, affiliates, officers, agents, employees, partners, suppliers, and licensors harmless from any claim, action, investigation or demand, including reasonable attorneys' fees, arising out of or relating to: (a) use of the Service by you or under your account; or (c) your violation of these Terms or of any third party rights. ETransfer will use commercially reasonable efforts to notify you of any such claim, action, investigation or demand that is subject to your indemnification obligation.
Severability
Without prejudice to any other provision hereof, if one or more provisions hereof is or becomes invalid, illegal or unenforceable for any reason, in any jurisdiction or with respect to any party, such invalidity, illegality or unenforceability in such jurisdiction or with respect to such party or parties shall not, to the fullest extent permitted by applicable law, render invalid, illegal or unenforceable such provision or provisions in any other jurisdiction or with respect to any other party or parties hereto. Such invalid, illegal or unenforceable provisions shall be replaced by the parties with a provision which comes as close as reasonably possible to the commercial intentions of the invalid, illegal or unenforceable provision – in particular, by publishing new Terms of Services by ETransfer.
For the avoidance of doubt and without affecting the generality of the foregoing, it is hereby agreed that any invalidity, illegality or unenforceability of any other document regulating the bilateral rights and obligations of the parties (including the Privacy Policy) or any amendment thereto, in any jurisdiction or with respect to any party or parties, shall not affect the validity, legality or enforceability of the Terms of Services in any jurisdiction and with respect to any party.
Entire Agreement
The Terms constitute a complete and exclusive agreement between you and ETransfer. As of the date of their execution, they supersede and terminate all prior agreements, arrangements, terms, policies and/or understandings between you and ETransfer in relation to the App, save for other terms of policies (including the Privacy Policy) still in force according to our website and the Terms of Services.
In the event of inconsistency or discrepancy between the Terms of Services and any other document accompanying it, the Terms of Services shall prevail.
Termination and suspension of services
User can resign from transaction at any moment prior to initiating transfer through the App, simply by not doing anything. However, if you initiate many transactions and abandon them, we may block the possibility of you initiating transactions in ETransfer App.
The user is obligated to notify ETransfer immediately of any unauthorised use of his account, personal data, e-mail address, payment account, or any other breach of security by email to contact@etransfer.exchange. Any User who violates these rules may be terminated and hereafter held liable for losses incurred by ETransfer or another User.
At any time, ETransfer, subject to its sole discretion, is entitled to terminate User’s access to ETransfer App at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind, including:
refuse processing, cancel and reverse any transaction, regardless of if corresponding funds have been debited from your address;
suspend, restrict or terminate your access to the ETransfer App.
Upon any suspension, termination or cancellation of a transaction, ETransfer is under no obligation to allow User to reinstate such a transaction and may not provide User the same terms as any cancelled transaction.
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