These Terms and Condition of Use are the legally binding terms to govern your use of the Services, as defined below and this Website. Please read these Terms and Conditions of Use carefully and thoroughly before using the Services or this Website.
Your Acceptance of this Agreement
If you do not agree with any of the terms of this Agreement please do not use the Services or this Website. By using this Website and/or the Services you are deemed to have irrevocably agreed to this Agreement and its terms.
Please note that this Agreement may be revised and reissued without any notice at any time and we shall supply all amendments and updates to you by email at the address provided for this purpose. It is your responsibility to ensure that your personal data is updated at all times to allow for proper communication to you on matters regarding this Agreement. You should visit and review this Website regularly to familiarize yourself with the current Agreement terms, and you shall be required to agree to any amendments and updates once you log into your account following such change. Nevertheless, all changes shall be effective as of the date specified in each communication to you alerting you to changes.
Applicable Law means any laws, rules, regulations or the terms and conditions of any license, permit, consent or authorisation in any jurisdiction which are applicable to either us or to you or the performance or use of the Services, as defined below under this Agreement.,
Crypto Currencies means Bitcoin (BTC), Bitcoin Cash (BCH), Litecoin (LTC), Ethereum (ETH) and Ethereum Classic (ETC), or any other virtual and Digital Currency and any tokens offered by Cubits from time to time.
Data Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;
Data subject means an identifiable natural person who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Digital currency means a payment method which exists only in electronic form and is not tangible.
End User means any natural or legal entity which is entering into a Transaction with you (in the event of businesses/merchants).
Merchant or Retailer means anyone who intends to sell goods and/or services and who wishes to accept and permit payments and withdraws in any Crypto Currencies from its’ End users as a method of payment.
Personal Data means any data which relates to natural persons that can be identified by means of this data and includes name, identification number, location data or any online identifier.
Personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Data Controller;
Software means the software that you are required to download from us and utilize in order to allow you to participate in the Services, including any related documents, programs or any alterations, enhancements, modifications, or updates to the software;
Third Party means, for the purposes of data protection, a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
Transaction means any transaction between you and your End users for the purchase of goods or services from you involving the Services, supplied by or through us.
Website (s) means Cubits.com, the website operated and promoted by us, and any related website and/or mini site.
1.2 All other terms shall have the meaning as ascribed therein.
2. CUBITS SERVICES Cubits is an electronic platform that enables the following services (the “Services”):
2.1 buying and selling of Crypto Currencies;
2.2 providing Crypto Currencies payment processing services for you and Merchants;
2.3 operating, storing and maintaining Crypto Currencies in wallets.
2.4 providing exchange services, whereas customers are able to exchange fiat for Crypto Currencies and vice versa (the Exchange Services”).
2.5 Merchant Services – Merchants may use a suite of tools and related services for purposes of offering payment services via their websites through a custom- made API.
3. Your Responsibilities
3.1 You may only act on your own behalf, and only use one (1) user account at any time. Note that multiple or linked accounts are not permitted unless agreed and notified to us expressly in advance and approved in writing, and we may terminate any additional accounts, without any prior notice to you as per our sole discretion.
3.2 You may only use your own account to trade and carry out any transactions thereon;
3.3 You are solely responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access your account with Cubits. You must take all necessary and reasonable precautions to secure the passwords and access to your account, including following our password policy regarding changes and security of passwords, limiting access only to yourself, changing these regularly and enabling two factor authentication on your account, and immediately alerting us to any unusual or unauthorized activity on your account.
3.4 You are not allowed to sell, borrow, share, dispose or otherwise make available your account or any detail thereof to people or entities other than yourself.
3.5 Your account can not be used to act as an intermediary or broker for any person or entity.
3.6 Your account must not contain any misleading or fraudulent information, including, but not limited to having a non-personal phone number, creating fake reputation information, faking your country of origin or providing fraudulent identification documents. You are solely responsible to notify and update us of any change to your personal details. We may at any time require you to complete or to re-take our ID verification process and may also require you to submit any additional identification and/or documents, as we deem fit. Failing to fully comply will be considered a breach of this Agreement. We may also use proprietary fraud and risk modeling procedures when assessing the risk associated with your account and reserve the right to suspend or to revoke accounts which do not comply with our risk and anti-fraud procedures from time to time.
3.7 You must fully comply at all times with all of the terms of this Agreement. We may terminate, close, suspend, or limit your access to your account or to other Services we offer, and/or limit your access to your Crypto currencies balance for up to (180) a hundred and eighty days (or longer if pursuant to a court order or other legal process) if you violate any of the terms of this Agreement or any other agreement you enter into with Cubits.
3.8 You hereby agree and authorise us to receive, hold and disburse funds on your behalf and to take any and all actions that we deem necessary or desirable to provide the Services and to comply with all Applicable Laws.
4. REGISTRATION OF ACCOUNT 4.1 In order to use the Services, you must open a Cubits account. When you open an account, you are required to provide us with your contact information, including your name, mailing address, phone number, email address (the “Registered Email”), and if applicable in the conduct of business: website details. The information you provide must be accurate and complete, and you must inform us as soon as practical of any changes to such information and ensure that all information held by us is true, accurate and complete. Changes must be sent to [email protected] . We may require additional information or documentation from you such as, but not limited to, your date of birth, tax identification number or government-issued identification, and we may also obtain information about you from third parties, such as credit bureaus and identity verification services, and you hereby consent to us obtaining such additional information. We have the right to reject your account registration, or to later on terminate, close or limit your Cubits account, if you do not provide us with accurate, complete, true and satisfactory information.
4.2 In case your account with us is determined to be a higher-risk or higher volume category, we reserve the right to contact you and request further details, for enhanced due diligence assessments. These can include additional ID or proofs of residence, or bank statements, or in the event of a business, information about your shareholder and ultimate beneficial owners as well as all directors and relevant documentation of any of your licenses permits and authorizations. Note that our due diligence processes will be more extensive for higher risk and higher volume category accounts and these may be subject to a separate agreement and a different fee structures for supporting that account in compliance with Applicable Laws and our own internal risk programmes.
4.3 Upon opening an account with Cubits, you are hereby required to choose a unique username (registered email address) and password. You must keep your username and all access credentials secure and confidential at all times and not share these with anyone else. You should not allow anyone to use your account or use the account from any public computer or shared mobile phone. You are solely responsible to keep your access credentials private and we will not be liable if you disclose your username and password to someone else. Furthermore, you acknowledge and agree that it is your sole responsibility to maintain, at all times the safety and security of access to the funds held in your online wallet.
4.4 If you suspect that someone has retrieved your password, you must, as soon as practically possible change your password through the Cubits website. If you have a security concern with your account, you can contact us immediately by email on [email protected] If you forget your password, it is possible to reset your password through the Forgotten Password Link. An email with instructions will be sent to your Registered Email. In case you did not receive these instructions within one (1) hour, you should contact us immediately
4.5 Your password will automatically expire ninety (90) days after it was created, and every ninety (90) days thereafter. You will then have to create a new and different password prior to accessing your account.
4.6 Cubits does not allow for any changes to be made to your Registered Email. Furthermore, Cubits will NEVER ask for your email and password credentials, therefore please be wary of any such requests and always keep you password safe.
4.7 It is entirely at our discretion whether to accept your registration for a Cubits account. We shall do our best to inform you of the reason in the event we refuse to open an account for you, but we are not bound to do so nor to provide you with any further details.
5.2. It is mandatory to conduct Time-based One-Time (“TOTP”) as a Two (2) Factor Authentication Procedure (the “2FA Procedure”) for any Crypto currency withdrawals or transfers. Therefore, we have implemented a new and secure wallet storage and provide you with a 2FA Procedure. For the purpose of this Agreement, TOTP is an algorithm that computes the current timestamp and secret key stored in your device. This secret key is updated every 30 seconds, and we highly recommend you implement it by downloading the Google Authenticator app, but other solutions are available as well, depending on your device.
5.3 We will automatically lock your account for thirty (30) minutes after five (5) failed login attempts (the “First Lock up Period”). If you fail to login five (5) consecutive times after the First Lock up Period, your account will be locked indefinitely. In order to unlock your account then, you will need to contact our support at [email protected]
5.4 Only applicable to merchant/business accounts: In order to change your bank details, Cubits prior written approval is required. For that purpose, you will have to contact your account manager or [email protected]
5.5 Only applicable to merchant/business accounts: We will only transfer fees and all amounts due to you to the designated bank account you provided upon your registration. As per our policy, we do not allow third party wire transfers.
5.6 Only applicable to merchant/business accounts: You acknowledge and agree that any changes to your bank account details, if approved, may result in an increase in fees and may further result in change of Cubits bank account for servicing such a new account.
6. REPRESENTATIONS AND WARRANTIES 6.1 Your use of the Services is subject to several important restrictions. Specifically, you represent and warrant to us that:
6.1.1 you have the requisite authority and capacity to enter into this Agreement;
6.1.2 you have the right, power and authority, and have taken all action necessary, to execute, deliver and exercise your rights and perform your obligations under this Agreement;
6.1.3 the execution of this Agreement and the performance of your obligations and duties hereunder do not violate the terms of any other agreement to which you are a party to or by which you are otherwise bound;
6.1.4 Your use of the Services and the Website will not contravene any Applicable Law and You accept full responsibility for ensuring that your activities are legal in the jurisdiction in which you are located. Cubits accepts no liability with respect thereto.
6.1.5 You further confirm that you are not located in any territory enlisted on the following sanctions list: https://www.gov.uk/government/publications/financial-sanctions or the following countries: the United States of America and its dependencies: the United States of America, Australia, China, North Korea, Russia, Pakistan, Bangladesh, Cambodia, Bolivia, Algeria and Macedonia (the “Restricted Territories”). It is your sole responsibility to check and review the Restricted Territories list periodically to ensure that you are not located in any of the Restricted Territories. Additionally, you hereby acknowledge that any attempt to circumvent this restriction (including but not limited to using proxy or a VPN or any other similar service that manipulates your real location, or by providing us with false or misleading information regarding your location, residency or citizenship) is a material breach of this Agreement and may result in us terminating your account and may constitute a criminal offence under Applicable Laws.
6.1.6 Your use of the Service will not relate to sales or purchases of (i) any unlawful material (ii) any illegal narcotics, research chemicals or any controlled substances which require a license or permit of any kind unless you have obtained all required authorization and licenses and Cubits prior written approval, (iii) cash or cash equivalents, including derivatives, unless you have obtained all required permits and licenses required for the operation of such derivatives and cash and cash equivalent (iv) items that infringe or violate any copyright or trademark (v) ammunition, firearms, explosives, weapons or knives regulated under applicable law (vi) adult content or (vii) any material that violates right of privacy or confidentiality;
6.1.7 You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. In case a claim is brought by a third party regarding publication of unlawful material, which you had contributed to the Website, you agree and understand that all materials publicly posted (other than by us) or privately transmitted on or through the Website are your sole responsibility.
6.1.8 Your use of the Services will not involve gambling or any other activity with an entry fee and a prize, including, without limitation casino games, sports betting, horse or greyhound racing, lottery tickets, raffles or contests or other ventures that facilitate gambling, and sweepstakes, (the “Gambling”) unless you have obtained Cubits prior written approval, or in the event that you hold all requisite permits, approvals and licenses required in order to offer Gambling, and that you (and/or your customers) are located exclusively in jurisdictions where the Gambling are permitted by law.
6.1.9 In addition, you shall not publish, make available on the Website, post emails, submit to or publish through forums or advertise or use the Services or take any action that may in any way:
(i) damages us or our goodwill, is libelous, threatening or disparages us;
(ii) shows any personal information of third parties in violation of any Applicable Law;
(iii) supports pyramid or Ponzi schemes, matrix programs or illegal schemes;
(iv) is associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card;
(v) provides credit repair or debt settlement services;
(vi) is designated at children by exposing them to inappropriate content;
(vii) advocates or promotes illegal activity;
(viii) misrepresents your identity or any of your contact details, or the content you publish and/or promote on the Website;
(ix) solicits funds, advertisers or sponsors;
(x) disrupts the normal flow of dialogue in the Website, including but not limited to,, affecting the ability of End Users to engage in real time activities via the Website;
(xi) copies any other pages or images, including but not limited to content, graphic, design or any part thereof or resembles the look and feel of any of the Website, except with prior appropriate authority;
(xii) amounts to 'data warehousing' (i.e., using any web space made available by us to you as storage for large files which are only linked from other sites).
(xiii) disobeys any policy or regulations established from time to time regarding the use of this Website or any networks connected to this Website;
7. OUR RIGHT TO REJECT
7.1 We reserve the right, under our sole discretion, to decline to process a sale or trade if we suspect that it violates this Agreement or might exposes us, you, other customers, purchasers, or other third parties to any damage or harm or any legal proceeding.
If we reasonably suspect, or we receive notice from any law enforcement authority or licensed institution providing services that your Cubits account has been used for an illegal purpose, you irrevocably authorize us to share any Personal Information we deem fit about you, your Cubits account, and your account activities with any law enforcement agency, to the extent it is such required.
8. OUR RIGHT TO INSPECT 8.1 We may ask for permission to inspect your business location, in connection with your use of the Services or the Website or specific Transactions. If you refuse our request, we may suspend or terminate your Cubits account without further notice.
10. SECURITY AND FORKS IN THE BLOCKCHAIN 10.1 Forks on the Relevant Blockchain Please refer to our Help section on how Cubits deals with forks in the Bitcoin and other blockchains.
11. HOW WE COLLECT, USE AND SHARE INFORMATION
11.2 We may, if so required by law, and without any notice to you or your consent, use your information in order to prevent fraud and/or crime and to maintain and comply with our regulatory compliance requirements.
12. OUR OWNERSHIPS OF THE SERVICES, THE WEBSITE and software 12.1 You agree and acknowledge that we own all right, title and interest to and in the Services, the Software, technology tools and content, the Website, the content displayed on the Website, and other documents and materials produced by and related to Cubits (collectively, the "Cubits IP").
12.2 You are only permitted to use the Services and the Cubits IP to accept and receive payments, according to this Agreement. By accepting this Agreement, we grant you a personal, limited, revocable and non-transferable licence to use the Cubits IP, without the right to sub-license. You shall not rent, lease, sub-license, distribute, transfer, copy, reproduce, download, display, modify or timeshare the Cubits IP or any portion thereof, or use the Cubits IP as a component of or a base for products or services prepared for commercial sale, sub-license, lease, access or distribution, or for any other purpose.
12.3 You shall not, nor permit others to:
12.3.1 use, copy, modify, change, alter or create derivative works from or distribute or disseminate the Software, any part of it, or any copy, adaptation, transcription, or merged portion of it;
12.3.2 decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Software or any part of it;
12.3.3 transfer, loan, lease, assign, rent, sublicense, resell, pledge, convey or otherwise share Software;
12.3.4 remove any copyright, proprietary or similar notices from the Software (or any copies of it);
12.3.5 operate the Software or any part of it for the benefit of or on behalf of any third party, including by way of application service provider services, internet service provider services, timesharing arrangements, outsourcing services or bureau services;
12.3.6 breach any security or licensing mechanism of the Software or identify or attempt to identify any security vulnerabilities therein;
12.3.7 work around or circumvent any technical limitations in the Software;
12.3.8 use any tool or other means to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Software or for which Merchant has not paid a license fee;
12.3.9 distribute, disclose or allow use of the Software in any format except as expressly authorized by Cubits in writing;
12.3.10 permit or encourage any third party to do any of the foregoing and/or;Occurrence of any of the events set forth may cause an immediate suspension or termination of your account, according to our sole discretion.
13. SUBMISSIONS, POSTINGS AND EMAILS According to our policy, Cubits welcomes feedback and suggestions of a positive and constructive nature. On the other hand, kindly note that any ideas and suggestions you provide are made on a voluntary basis and will not be compensated in the event that these are implemented.
14. COMPUTER VIRUSES 14.1 You acknowledge and agree that we shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer programs, viruses, spyware, scareware, Trojan horses, worms or other malware designed to interrupt, destroy or limit the functionality of your computer, software, hardware, telecommunication systems or any other equipment, or any phishing, spoofing or any other cyber attack.
15. EXCHANGE SERVICES
15.1 Whenever you trade Crypto currency with us we will present to you a price for Crypto currency. By accepting the price and proceeding with the purchase of that Crypto currency, the Transaction is complete and is irreversible.
15.2 We offer you a number of methods to pay for the Transaction, some of which involves the use of third party payment service providers. You hereby agree and consent that we shall bear no responsibility for any malfunction, delay or other issues relating to those third parties and the adequacy of their services. Once we receive confirmation of payment of the Transaction, you will immediately have access to the Crypto currency in your wallet.
15.3 You consent and agree not to reverse any Transaction for the purchase of Crypto currency such as by recalling a transfer or initiating a chargeback. Any attempt by you to reverse a Transaction might result in closure or termination of your account, and seizure of any Crypto currency left in your account, in order to mitigate our losses. Furthermore, we reserve the right, where necessary, and under our sole discretion, to take any and all legal actions against you to recover any losses we incurred as a result of your reversal of a Transaction.
15.4 You agree that the price of Crypto currency is extremely volatile and that we do not provide any guarantee on the value of Crypto currency. You acknowledge and appreciate that Crypto currency are a high risk digital asset. We bear no responsibility for any losses you may incur as a result of the price volatility of any Crypto currency. Please refer to our Risk Policy when considering whether to invest.
16.1 We charge a processing fee on all transactions. The proceeds payable to you will equal the amount stated on the invoice prior to confirmation
16.2 The most updated pricing information is available on our Website. We reserve the right to change our fees with a fourteen (14) calendar days’ prior written notice of any fee increase. Your continued use of the Services and the Website after we notified you of any increase to our fees constitutes your acceptance of such change. If you are a high- risk merchant, your application will be handled separately and the applicable fee structure will be different to that is stated on the Website.
16.3 Discounts or promotions (the “Promotions”) to our fees, may be changed, withdrawn or otherwise canceled at any time and at our sole discretion.
16.4 You will pay our fees on such basis and with such frequency as we request.
17. METHODS OF SETTLEMENT
17.1 We will clear the payments over the Crypto currency peer-to-peer payment network and post the balance to your accounting ledger, according to your preference settings. The debits and credits to your accounting ledger are funds temporarily held by Cubits until settlement to your bank account or preferred withdraw option can take place.
17.2 You can receive a settlement in your local currency, in Crypto currency, or in a mixture of both. You assume volatility risks of the currency in which you choose to be settled, including but not limited to the volatility risk of the Crypto currency value.
18. REFUND PROCEDURES
18.1 In accordance with your written instructions, we may issue a refund to an End User and/or a Merchant, on your behalf (the “Refund”). Cubits can issue a partial Refund or a full Refund, of the entire amount of the initial purchase, as well as to issue the Refund in your local currency or in Crypto currency.
18.2 If you do not have enough funds in your Crypto currency account to cover the Refund, Cubits may require you to deposit additional Crypto currency into your Cubits account to cover the Refund. Any required currency conversion during the Refund process will be calculated at a spot rate available at that time. Under no circumstances do we guarantee a Refund of Crypto currency at the same price at which the Crypto currency were originally exchanged.
19. RIGHT TO WITHHOLD OR FREEZE FUNDS
19.1 We reserve the right to withhold all funds due to you as well as to set-off from future amounts any funds payable to you under this Agreement if:
19.1.1 we suspect, under our discretion of any fraudulent activity in connection with your account, or the products or services you provide;
19.2.2 we determine, under our sole discretion, that you have engaged in any forbidden activity under this Agreement, including, but not limited to any activity in connection with the Restricted Territories;
19.2.3 we suspect any breach of any of your representations, and warranties under this Agreement;
19.2.4 you delay in providing us with all required information, documentation which might be reasonably requested.
20. ACCOUNT TERMINATION
20.1 You may close your Cubits account at any time (the “Account closure”).
20.2 You acknowledge that any fees incurred before the Account Closure will become due immediately upon closure. Additionally, you agree and consent that any funds not yet paid to you shall be remitted. Moreover, if at the Account Closure, your account balance is less than our minimum transfer amount, you may be responsible to cover any transactions fees that might be charged due to such funds transfer.
20.3 We may terminate this Agreement and close your account, at our discretion, at any time, upon notice to you via email communication.
20.4 We may also terminate this Agreement and/or close your account or limit or suspend your access to the Services, and the Website for up to (180) a hundred and eighty days (or longer if pursuant to a court order or other legal process) and/or withhold or confiscate funds, immediately if we suspect of any of the following:
20.4.1 you have failed to comply with the provisions of this Agreement, with respect to breach of the Restricted Territories;
20.4.2 you pose an unacceptable fraud risk to us;
20.4.3 you provided any false, incomplete, inaccurate or misleading information;
20.4.4 we are so required by law or court order.
20.5 You hereby agree and consent that upon termination or suspension of your account by us you:
20.5.1 are still bound by the provisions to Agreement;
20.5.2 immediately stop using the Services;
20.5.3 any license granted to you by us under this Agreement shall be terminated immediately.
20.6 We reserve the right (but have no obligation) to delete or retain all of your information and account data stored on our servers, under our sole discretion or if so required in order to comply with Applicable Laws or court orders.
20.7 We will not be liable to you or any third party for any losses that you may incur in connection with termination or suspension of your account; or of termination of access to your account; or to our Services or for the deletion of your information or account data.
21. DATA PROTECTION
21. 1 Dooga Ltd, registered in the UK at 6, Agar Street, London WC2N 4HN, United Kingdom (“Cubits”) is the Controller of Data under the terms of the Data Protection Act and Regulation (EU) 2016/679 for the purposes enlisted below.
21.2 Cubits is committed to respecting and preserving all your rights as data subject at all times. We take privacy and data protection seriously and we will manage your personal data transparently and in a fair and lawful manner. Should you have any queries, concerns, requests or complaints in relation to the manner in which we process your personal data, you may contact Our Data Protection Officer by email on: [email protected] You also have the right to lodge a complaint before the Information Commissioner’s Officer (https://ico.org.uk/) with regard to matters concerning your personal data.
21.5 You acknowledge and agree that Cubits will process and retain Your personal data, billing data and other related data in line with any applicable data processing and/or retention obligations. Your personal data collected and referenced above shall be retained for a period of five (5) years following termination of all Cubits services; such data may be retained for longer periods in the event of prospective or pending debt collecting, legal or law-enforcement proceedings and until such proceedings are formally and definitively concluded.
21.6 Your personal data may be provided to trusted third-party processors for the purposes of identity verification, account verification, customer care and client communication services, credit reference, fraud prevention, business scoring, credit scoring, placing of monetary deposits, transfer of payments, debt collection and recovery. Such processing shall be conducted in compliance with all legal requirements as well as our strict Privacy and data protection codes and policies.
21.7 Cubits may transfer your data to other company offices or other group companies for purposes connected to the management and administration of the Data Controller’s business.
21.8 We may, if necessary, transfer your data to other company offices or other group companies or to trusted third parties located outside the European Economic Area for administrative purposes, storage and/or compliance with legal or contractual obligations and for the purposes of product and service provision. Such transfer shall only be affected to third countries or territories providing sufficient and appropriate safeguards to your personal data in compliance with all legal requirements as well as our strict privacy and data protection codes and policies.
21.9 We will ensure that all companies to which we disclose your Personal Data will only process it in accordance with our instructions and on our behalf, and may only use such data to the extent to which we ourselves are entitled. All such companies and third parties will further be required by us to meet the requirements of data protection legislation and Cubits’ strict privacy and retention policies to keep Your information secure at all times.
21.10 We may, if necessary or authorised by law, provide customer data to law enforcement agencies, regulatory organisations, courts or other public authorities. We attempt to notify our customers about legal demands for their Personal Data unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe that the requests are disproportionate, vague or lack proper authority, but we do not promise to challenge every demand.
21.11 Your personal data shall not be processed for purposes other than those it was collected for; should further processing be required, you will be informed of that purpose and provided with all necessary information
21.12 You have the right to request access to and rectification of your personal data as held by Cubits, the right to restrict processing, the right to object to processing, the right to data portability as well as the right to be forgotten, in certain circumstances. Such requests will in no way affect the lawfulness of processing prior to the lodging of any of the above requests.
21.13 You have the right to request, free of charge, access to and a copy of your personal data as processed by us.
21.14 Subject to applicable law we may, for accurately carrying out and confirming Your instructions, for training purposes and/or in order to improve the quality of our customer services, monitor and/or record communications, including calls, email communication and online chats, made to us.
21.15 You have the option of receiving direct marketing from us. You acknowledge that, once you have explicitly consented to do so at the time of Registration of Account, marketing material shall be sent to you by us to inform you about products, services, and/or any other commercial opportunity provided by Cubits or by Cubits in conjunction with selected third parties whose names have been supplied to you on registration. If you have consented to receive direct marketing, this may be sent to you via mobile voice, mobile SMS, fixed phone, post, email and other electronic means.
21.16 You have the right to opt out of any direct marketing at the time of Registration. In such case, no marketing material shall be sent to you. If you consented to the use of your personal data for direct marketing purposes and you no longer wish to receive such information, you may withdraw such consent at any time in the Privacy section on your account Settings page.
21.17 Your personal data may be processed for market research and statistical purposes so as to improve the services we offer you and our customers.
21.19 You are responsible to provide us with personal data that is correct and inform us of any changes occurring in your data in writing in order that we may take all reasonable measures to keep our records in your regard correct and up to date.
22. INDEMNITY You agree to indemnify Cubits, its affiliated and related entities, and any of its officers, directors, employees, agents, joint venturers and representatives from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind (including, without limitation, direct and indirect costs, expenses, and lawyers' fees) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (b) your wrongful or improper use of the Services or the Website; (c) the products or services sold by you through the Services, including but not limited to any claims for false advertising, product defects, personal injury, death or property damage; or (d) any other party’s access or use or misuse of the Services by using your account access password information.
23. NO WARRANTIES
23.1 We provide the Services and the Website on an “as is” and “as available” basis, and your use of the Services and the Website is at your own risk. We provide the Services and the Website without warranties of any kind, whether express or implied (including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement), to the maximum extent permitted by Applicable Law. Without limiting the foregoing, we do not warrant that the Services (and our Website): (a) will operate error-free or that defects or errors will be corrected; (b) will meet your requirements or will be available, uninterrupted or secure at any particular time or location; (c) are free from viruses or other harmful content.
23.2 We do not endorse, warrant, guarantee or assume responsibility for any product or service offered or advertised by you or any third party through the Services or the Website, and we will not be a party to nor monitor any interactions between you and third-party providers of products or services.
24. LIMITATION OF LIABILITY
24.1 In no event will we be liable to you or any third party for any direct, indirect, special, incidental, consequential, exemplary or punitive damages or any loss, theft, disappearance, or damages for lost profits, lost revenues, lost data or other intangible losses that result from the use of, inability to use, or unavailability of the Services or the Website, caused by your breach of this Agreement.
24.2 In no event will we be liable to you or any third party for any damage, loss or injury resulting from hacking, tampering, virus transmission or other unauthorised access or use of the Services or the Website, your Cubits account, or any information contained therein.
24.3 In no event will our aggregated liability for any damages arising in connection with the Services or the Website exceed the fees earned by us in connection with your use of the Services or the website during the six (6) months period immediately preceding the event giving rise to the claim for liability. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdictions.
25. DISPUTES WITH CUBITS
25.1 The balance in your account is usually final and binding. All calculations in connection with the Services or any amounts payable to you, will be made by us and based solely on our records, and our calculations are final and binding unless in the event of any bonda fide dispute and supported by relevant evidence as appropriate.
25.2 In case you found an error in our calculations, you should send us a notice to [email protected] of the error no later than thirty (30) days from the date the Transaction you are contemplating occurred (the “Error Notice”). The Error Notice should include the following details: (i) sufficient information to fully identify you; (ii) your account details and (iii) sufficient information regarding the Transaction you are contemplating or otherwise believe to have been somehow erroneous.
25.3 We will use our best efforts to provide you with a prompt answer, within thirty (30) days of receiving your Error Notice, accepting or rejecting it along with an explanation.
26. TAXES You are solely responsible for calculating, determining and paying any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of our Software, Website and Services ("Taxes"). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to all the appropriate tax and governmental authorities. We are not obligated to, nor will we determine whether Taxes were or should have been applied, or calculated, collected, reported, paid or remitted to any tax or governmental authorities arising from any transaction.
27. ASSIGNMENT 27.1 You may not transfer or assign this Agreement, or any right granted by it. You agree and acknowledge that we may assign or transfer this Agreement, as per our sole discretion in the event of any merger, sale or disposal of assets.
28. CONFIDENTIALITY 28.1 You must keep the information you receive about End Users and/or your customers through the Services or the Website (“Confidential Information”) strictly confidential. You may only use such Confidential Information in connection with the Services or Website. You may not disclose or distribute Confidential Information to a third party or use the Confidential Information except as reasonably necessary to effect a transaction and other functions and services reasonably expected, such as support, reconciliation and accounting unless you received the End User or customer's prior written consent to do so.
29.1 We may update or amend this Agreement and other policies on this Website from time to time. Except as otherwise provided in this Agreement, we will notify you of any changes by electronic mail or by posting a link to the amended terms on our Website.
29.2 You agree and consent that your continuance usage of the Services and the Website, after we provided you with notice of such changes, constitutes an acceptance of the amended terms and an agreement to be bound by such changes. If you do not agree to the amended changes, you must terminate your Cubits account and discontinue your use of the Services and the Website immediately.
30. WAIVERS Our failure to assert any right or provision in this Agreement shall not constitute a waiver of such right or provision.
31. NOTICES You agree to accept communications from us in an electronic format, either by electronic mail or by posting a link to the provision on the Website. You further consent and agree that all terms, conditions, agreements, provisions, notices, disclosures and any other communications that we provide you electronically will be considered to be “in writing.”
32. FORCE MAJEURE Neither party to this Agreement will be liable to the other party for any delay or non-performance of its’ obligations under this Agreement arising from any cause or causes beyond its’ reasonable control including without limitation any of the following: act of God, governmental act, war, riots, non-performance of our vendors or suppliers, fire, flood, explosion or civil commotion.
33. SEVERABILITY 33.1 Should any provision of this Agreement be determined to be invalid or unenforceable under any law, rule, or regulation, then such provision shall be severed from the remainder of this Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.
34. SURVIVAL 34.1 All provisions of this Agreement, which are intended to be extend beyond the expiration or termination of this Agreement, shall survive the termination or expiration of this Agreement.
36. GOVERNING LAW
36.1 This Agreement, and all other obligations arising under and from it, shall be governed by, and construed in accordance with the laws of England and Wales.
36.2 The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any claim, dispute or difference concerning this Agreement and any matter arising therefore (the "Proceedings") and waive the right to object to Proceedings in such courts whether on the grounds that the Proceedings have been brought in an inconvenient forum or otherwise.
You agree that by clicking “Start using cubits wallet” that you have the authority to accept this Agreement and to bind you. You further acknowledge and agree that you: (a) have read and understood this Agreement; (b) intend to form a legally binding contract; and (c) will abide by all the terms of this Agreement.