ChangeNOW Wallet Terms of Service
Updated July 2021
Please, read these Terms carefully. By accepting these Terms and using our services, you agree to be legally bound by these Terms and all terms incorporated by reference. If you don’t agree with these Terms or any of its Clauses, you shall immediately cease to use our services.
1. GENERAL PROVISIONS
These Terms of Service (“Terms”) apply to the access and use of the virtual currency wallet service as well as other ancillary services (“Services”) provided by CHN Group Limited available via mobile application. These Terms constitute an agreement between the customer (“You” or “your”) and CHN Group Limited., duly organized under the laws of Seychelles (“ChangeNOW”, “NOW Wallet”, “ChangeNOW Wallet” “us” or “our”).
The Terms enter into force after your acceptance and become legally binding for You.
Please be aware that ChangeNOW Wallet may revise these Terms from time to time. Therefore, the Terms may be changed or amended. Any changes or amendments will be published in advance for a reasonable period of time on the Website. You might be notified about the updates of the Terms. The effective date which is at the top of the Terms informs you about the latest version of the Terms. ChangeNOW Wallet advises you to revisit this page from time to time to make sure you are familiar with the current version of the Terms. By continuing to access and use the Website or the Services after ChangeNOW Wallet has posted changes on the Website, or after notifying you via any electronic means, you are agreeing to accept the updated Terms. If you do not agree to any updated Terms, you must stop using the Website and the Services.
1.1. By accepting these Terms and using the Website, you represent and warrant that:
- you are at least 18 years old and have full capacity to contract under the applicable law;
- are not located in, under the control of, or a national or resident of the prohibited jurisdictions (Section 10 hereunder);
- you are only transacting on the Website with legally-obtained funds that rightfully belong to you;
- you have not previously been suspended or removed from using the Website and our services;
- you are not furthering, performing, undertaking, engaging in, aiding or abetting any unlawful activity through your relationship with us or through your use of the Website and our services;
- you are comporting with and obeying these Terms and all applicable laws;
- you shall use the Website and our services only for the purposes related to personal non-commercial use and you do not represent any third party;
- you understand that engaging in the change of the Cryptocurrency may be risky;
- you acknowledge and agree that ChangeNOW is not acting as your broker, intermediary, agent or advisor or in any fiduciary capacity, and no communication or information provided to you by ChangeNOW shall be considered or construed as advice;
- you shall not mislead other Users and third parties during using the Website;
- you will not take any action aimed solely at causing damage to ChangeNOW or other third parties;
- you shall not reverse engineer, decompile or otherwise disassemble the Website or any ChangeNOW’s software;
- recognizing the international nature of the Internet, you accept all responsibility for compliance with all local laws and regulations relating to your actions in the network;
- you agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that ChangeNOW provides in connection with your use of the Website and our services;
- you understand and acknowledge that any delays in services are possible;
- you shall not use proxy and VPN or other software for concealing your IP-address.
2. ACCOUNT REGISTRATION. ELIGIBILITY CRITERIA
You may need to register for an account to access some or all of our Services (“Account”). The creation and use of your Account might be subject to identifications and verifications, as required by statutory and regulatory obligations incumbent on ChangeNOW Wallet. You agree to provide us with the information upon our request for the purposes of identity verification, compliance with know-your-customer requirements, as well as prevention of money laundering, terrorism financing, fraud or any other financial crime.
As long as You agree to and comply with the present Terms, ChangeNOW Wallet grants You a personal, non-exclusive, non-transferable, non-sub licensable and limited right to enter and use the Website and the Services. You are not permitted to re-distribute any of Change NOW Wallet services, modify any code or use any ChangeNOW Wallet content, including images and text, as part of any other software or project of any kind.
You agree that ChangeNOW Wallet has the right to require information which helps ChangeNOW Wallet to identify and verify You.
3. SERVICES PROVIDED BY ChangeNOW Wallet
ChangeNOW Wallet is an innovative cryptocurrency infrastructure, which consists of:
3.1. ChangeNOW Wallet Mobile Applications
ChangeNOW Wallet has created means for users to access and transfer ownership of virtual currency or tokens (“cryptocurrency”) under the name "ChangeNOW Wallet, NOW Wallet Wallet...". You agree not to use the Service provided by ChangeNOW Wallet for accessing, transferring or keeping the tokens which have security elements.
By entering into this agreement You will receive a license to use any of the ChangeNOW Wallet Non-Custodial Wallet Applications. You should only use the ChangeNOW Wallet Non-Custodial Wallet Application if you are familiar with virtual currencies and tokens. We highly recommend learning the basics of the specific virtual currency that You plan on using the ChangeNOW Wallet Non-Custodial Application before running the application.
3.1.1. You Own Your Private Keys
ChangeNOW Wallet does not store user’s private keys, backup phrases or passwords ("Private Information"). It is very important that You backup Private Information. If You lose Your Private Information then it will not be possible for ChangeNOW Wallet to recover it for You and You may lose access to Your virtual currency or tokens. If You do not understand the above paragraph then we strictly recommend that You learn more about virtual currencies before using the ChangeNOW Non-Custodial Wallet Application.
The only authentic record of virtual currency transactions is the applicable virtual currency blockchain. The ChangeNOW Wallet Non-Custodial Wallet Application provides functionality that allows You to send virtual currency transfer instructions. ChangeNOW Wallet does not guarantee that transactions You perform using the ChangeNOW Wallet Non-Custodial Wallet Application shall be stored in any virtual currency blockchain. You must ensure that Your transactions conform to the applicable rules of the virtual currency software. There may be transaction fees (e.g. mining fees) associated with Your virtual currency transactions that are required by the virtual currency system You engage with. ChangeNOW Wallet shall not be responsible for any losses You incur due to transaction fees or losses that occur due to incorrectly set transaction fees (i.e. too low or high). ChangeNOW Wallet does not have access to Your transactions (or anyone else's).
3.1.3. No Control Over Blockchains
ChangeNOW Wallet is not the creator of and does not have any control over, any of the virtual currencies that the ChangeNOW Wallet Mobile Non-Custodial Wallet Application allows You to use.
4. SERVICES PROVIDED BY THIRD-PARTIES
ChangeNOW Wallet may provide information about third-party products, services, activities or events, or may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Integrations”). ChangeNOW Wallet provides Third-Party Integrations as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. ChangeNOW Wallet does not control or endorse, and makes no representations or warranties regarding any Third-Party Integrations, and your access to and use of such Third-Party Integrations is at your own risk.
The ChangeNOW Wallet Mobile. ChangeNOW Wallet may provide third-party libraries to You as part of the ChangeNOW Wallet Non-Custodial Wallet Application solution but shall not be considered to be the owner or licensor of the third party libraries. Please refer to the services and respect the relevant third party licenses.
4.1. Cryptocurrency rates
4.2. Cryptocurrency transaction information
User’s balance and actual transaction history are supported by each cryptocurrency block explorer e.g. https://ethblockexplorer.org/, etc.
Although the ChangeNOW Wallet Non-Custodial Wallet Applications makes it easy to engage with the integrated third parties, ChangeNOW Wallet shall not be responsible for any consequences stemming from Your use of third-party integrated services. If You require assistance with a Third-Party Integration then You should contact ChangeNOW Wallet.
5. LIMITED RIGHT OF USE. INTELLECTUAL PROPERTY
Unless otherwise specified, all materials on this Website are the property of ChangeNOW Wallet and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the materials from this Website on any single computer solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices.
The trademarks, service marks and logos of ChangeNOW Wallet and others used in this Website (“Trademarks”) are the property of ChangeNOW Wallet and their respective owners. The Trademarks and other materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated.
When accessing the Service, You shall not: (i) negatively interfere with other customers; (ii) damage, disable or in any way disrupt the Website or the Services; (iii) conduct, pay for, support or in any way be involved in any illegal activities, including but not limited to money laundering, terrorist financing, fraud, illegal gambling, illegal weapons sale and drug trafficking; (iv) use any automated means or interface to access Services or to extract data; (v) use another customer’s account; (vi) provide false or misleading information to us.
6. RISK WARNING
Trading and investing in virtual currencies involve substantial risk of loss and is not suitable for all types of investors. Please make sure you are investing mindfully after understanding the nature, complexity and risks inherent in the trading of virtual currency. You should not purchase virtual currency unless you understand the extent of your exposure to potential loss. Please make sure you are not risking funds You cannot afford to lose. In no event shall ChangeNOW Wallet will be liable to any loss or damage of any kind incurred as a result of the use of this Website or the Services.
ChangeNOW Wallet specifically disclaims and shall have no liability to You for the following risks:
- operating system failures (mobile or desktop); and,
- disruptions between Your hardware, software, and the ChangeNOW Wallet; and,
- cloud backup software (e.g. certain Android distributions) may upload your private information to third party services; and,
- malware, viruses or other malicious software on Your device that is able to take control of or interfere with ChangeNOW Wallet; and,
- communication delays between Your ChangeNOW Wallet Mobile Application and a node or relay services for a virtual currency (and vice versa); and,
- failure to achieve a certain market value/price for a virtual currency token, whether through a third-party service or any other kind of transaction; and, theft of virtual currency tokens.
7. LIMITATION OF LIABILITIES. INDEMNITIES
To the extent permitted by law, ChangeNOW Wallet shall not be liable for any damages, losses of profit, usage or data, loss of business, loss of business, failure to use the Services, customers misunderstanding of Services or any other loss originated from negligence or fraud or otherwise arising out of or connected to the Services or these Terms.
You shall indemnify and hold harmless ChangeNOW Wallet, its affiliates, contractors, licensors and respective shareholders, members, directors, officers, employees, attorneys, agents and suppliers from any claim, damage, lawsuit, tort, cost or expenses.
The Service is provided on an “as is” and “as available” basis without any warranty or representation expressed or implied. ChangeNOW Wallet does not make any representations or give warranties that the access to the Website, use of the Service, functionality of Account will be continuous, uninterrupted, timely or error-free.
You understand and agree that ChangeNOW Wallet shall not be liable in connection with any force majeure event, including labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract bugs or weaknesses, earthquakes, storms, or other nature-related events, blockages, embargoes, riots, strikes, acts or orders of government authority, acts of terrorism or war, technological change, changes in interest rates or virtual currencies or other monetary conditions, and, for the avoidance of doubt, changes to any blockchain-related protocol.
ChangeNOW Wallet's liability to You shall not, under any circumstances, exceed the greater of:
- the US dollar value of 0.005 BTC; or
- USD 50.
8. DATA PROTECTION
9. ANTI-MONEY LAUNDERING (AML). KNOW YOUR CUSTOMER (KYC) POLICIES
In order to let You use the Services, ChangeNOW Wallet may identify and verify your identity. You might be required to provide ChangeNOW Wallet or third parties with all the necessary and requested information.
10. TAXES. COMPLIANCE WITH LOCAL REGULATIONS
It is your responsibility to comply with local laws in respect to the legal usage of the Services and the regulatory qualification of virtual currencies in your jurisdiction.
You are responsible for determining what taxes apply and in which measure to the authorised use of the Services. You should report and remit the correct taxes to the appropriate tax authority. ChangeNOW Wallet is not responsible for determining your tax obligations.
If ChangeNOW Wallet is unable to perform the Services outlined in the Terms due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, ChangeNOW Wallet shall not be liable for the Services provided under these Terms during the time period coincident with the event.
These Terms set forth the entire understanding between ChangeNOW Wallet and You with respect to the Service. You agree to rely only on the Terms alone. These Terms supersede any previous statements made by ChangeNOW Wallet.
If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
No failure of ChangeNOW Wallet to exercise any right, power or privilege under these Terms is deemed to be a waiver thereof, nor any partial exercise of a right, power or privilege should preclude the exercise of the entire or other right, power or privilege.
You may not assign any of the rights conferred to You under these Terms without prior written consent from ChangeNOW Wallet. ChangeNOW Wallet may assign any right or obligation under these Terms without any notice to or consent from You.
These Terms are provided in English. Any translation has the sole purpose of being convenient for You. In case of any inconsistency, contradiction or doubt, the English version of these Terms shall prevail.
The Terms shall be governed and construed in accordance with the law of Estonia. You hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of Estonia.
13. TERMINATION AND SUSPENSION
You may terminate the agreement with ChangeNOW Wallet at any time on the basis provided by law.
You agree that ChangeNOW Wallet may terminate the agreement with You and suspend or cancel your Account in case of, but not limited to, (i) non-conformity to the requirements from these Terms, (ii) a requirement from any applicable law to which ChangeNOW Wallet is subject in any jurisdiction, (iii) an order from a court or other governmental authority (iv) unusual, unauthorised or fraudulent activity in your Account (v) false, misleading, inaccurate, incomplete or outdated information (vi) any other reasons that ChangeNOW Wallet deems relevant for termination of the Terms between You and ChangeNOW Wallet and suspension or cancelation of your Account.
ChangeNOW Wallet shall have the right to file claims against You or your legal representative for compensation. Upon termination, suspension or cancellation on the basis of the previous clauses, You will be denied access to the Services temporary or permanently.
If You have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of the Website and the Service, your Account or any other matter, please contact [email protected].