Terms of Use
3PSmart LTD USER AGREEMENT
PART 1: GENERAL USE
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Basic 3PSmart LTD Services.
By signing up for an account on www.3psmartltd.com, any associated websites, APIs, or mobile applications (collectively “3PSmart LTD” or the “Company”), you agree that you have read, understood, and accepted all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and E-Sign Consent.
3PSmart LTD Depository Virtual Currency and Exchange Operation services are provided by 3PSmart LTD, an Anjouan Limited Liability Company, International Company Number: 16021, Address: Hamchako, Mutsamudu, The Autonomous Island of Anjouan, Union of Comoros.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS
1.1. Eligibility. To be eligible to use the 3PSmart LTD platform, you must be at least 18 years old or have reached the applicable age of majority and contractual capacity of the jurisdiction of residence.
1.2. 3PSmart LTD Services.. Your 3PSmart LTD account (“3PSmart LTD Account”) encompasses the following basic services:
Digital Currency conversion services that include purchases or sales through which users can convert Digital Currencies (the “Conversion Services”);
The risk of loss in holding Digital Currency can be substantial, therefore, you should carefully consider if holding Digital Currency is suitable for you in light of your financial condition.
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Creating a 3PSmart LTD Account.
2.1. Registration of 3PSmart LTD Account. In order to use any of the 3PSmart LTD Services, you must first register and acknowledge your acceptance of these Terms and Conditions. 3PSmart LTD may, in its sole discretion, refuse to open an account or limit the number of accounts that a single user may establish and maintain at any time.
2.2. Identity Verification. In order to use certain features of the 3PSmart LTD Services, including certain transfers of Digital Currency, you may be required to provide 3PSmart LTD with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, personal code, social security number (for U.S. Citizens), taxpayer identification number (for Non-U.S. Citizens), government identification number, citizenship information about your profession or business activity, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number), passport copy, perform remote identification proof of address; declaration of sources of funds and/or sources of wealth; any other information that The Company is legally obligated to request from you based on applicable AML-related regulations. In submitting this or any other personal information as may be required, you certify that the information is accurate and authentic, and you agree to update 3PSmart LTD if any information changes
2.3 You hereby authorize 3PSmart LTD to make, directly or through third parties, any inquiries we consider necessary to verify your identity and protect the company against fraud, international sanctions evasion and circumvention, money laundering or terrorist financing. That includes querying identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), querying account information associated with your linked bank account (e.g., name or account balance), and taking any actions we deem reasonably necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
2.4. Travel rule. We inform you, that we will share with other CASPs the following information about you, when you are the originator of the transaction: the name; distributed ledger address, in cases where a transfer of crypto-assets is registered on a network using DLT or similar technology, and the crypto-asset account number of the originator, where such an account exists and is used to process the transaction; crypto-asset account number, in cases where a transfer of crypto-assets is not registered on a network using DLT or similar technology; address, including the name of the country, official personal document number and customer identification number, or, alternatively, the originator’s date and place of birth; and the current LEI or, any other available equivalent official identifier of the originator.
2.5. With the transaction, we will send the following information on the beneficiary of the transfer: the name; distributed ledger address, in cases where a transfer of crypto-assets is registered on a network using DLT or similar technology, and the crypto-asset account number, where such an account exists and is used to process the transaction; crypto-asset account number, in cases where a transfer of crypto-assets is not registered on a network using DLT or similar technology; and the current LEI or any other available equivalent official identifier of the beneficiary.
2.6. We will submit the information in advance of, or simultaneously or concurrently with, the transfer of crypto-assets and in a secure manner and in accordance with Regulation (EU) 2016/679. In accordance with AML regulations, we are committed to conducting transaction monitoring. We reserve the right to request additional information about the source of your funds and/or request additional documents about you according to our AML rules.
2.7.We may suspend or block your Account, access to the Services without prior notification in certain cases, including: (i) technical failures until they are resolved or maintenance work is completed; (ii) suspicion of unauthorized User account usage until clarification is obtained; or (iii) additional verification procedures and activity analysis within the scope of AML requirements.
3. Hosted Digital Currency Wallet.
3.1. In General, The Hosted Digital Currency Wallet services allow you to send supported Digital Currency to, and request, receive, and store supported Digital Currency from third parties pursuant to instructions you provide through the 3PSmart LTD Site (each transaction is a “Digital Currency Transaction”). 3PSmart LTD reserves the right to process or cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. 3PSmart LTD cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. The Hosted Digital Currency Wallet services are available only in connection with those Digital Currencies that 3PSmart LTD, in its sole discretion, decides to support. The Digital Currencies that 3PSmart LTD supports may change from time to time. If you have any questions about which Digital Currencies 3PSmart LTD currently supports, please contact support@3psmartltd.com Under no circumstances you should attempt to use your Hosted Digital Currency Wallet services to store, send, request, or receive digital currencies in any form that are not supported by 3PSmart LTD. 3PSmart LTD assumes no responsibility or liability in connection with any attempt to use 3PSmart LTD Services for digital currencies that 3PSmart LTD does not support.
3.2. Digital Currency Transactions. 3PSmart LTD processes supported Digital Currency according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requester, or another party. You should verify all transaction information prior to submitting instructions to 3PSmart LTD. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your 3PSmart LTD Account balance or be available to conduct transactions. When Digital Currency Transactions are made from an external Wallet to a 3PSmart LTD wallet, an Internal Fee will be deducted from the client. 3PSmart LTD may charge network fees (miner fees) and internal fees to process a Digital Currency transaction on your behalf or at your name. 3PSmart LTD will calculate the network fee and the internal fee at its discretion. Miner fees are paid to blockchain miners for transaction validation, while internal fees are service provider charges for processing and administration.
3.3. Digital Currency Storage & Transmission Delays. 3PSmart LTD securely stores all Digital Currency private keys in our control in a combination of online and offline storage. As a result, it may be necessary for 3PSmart LTD to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by 3PSmart LTD may be delayed.
3.4. Third Party Payments. 3PSmart LTD has no control over or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of 3PSmart LTD Services). 3PSmart LTD is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from or sold to a third party in connection with Digital Currency transferred using the 3PSmart LTD Services, or if you have a dispute with such a third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you can notify 3PSmart LTD Support at support@3psmartltd.com so that we may consider what action to take, if any.
3.5 Advanced Protocols. We do not support metacoins, colored coins, side chains, or any other derivative, enhanced, or forked protocols, tokens, or coins, which are advanced blockchain-based assets or systems that extend, modify, or derive from existing blockchain technologie which supplement or interact with a Digital Currency supported by 3PSmart LTD (collectively, “Advanced Protocols”). Do not use your 3PSmart LTD Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The 3PSmart LTD platform is not configured to detect and/or secure Advanced Protocol transactions and 3PSmart LTD assumes absolutely no responsibility whatsoever with respect to Advanced Protocols.
3.6 Operation of Digital Currency Protocols. 3PSmart LTD does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are an open source and anyone can use, copy, modify, and distribute them. By using 3PSmart LTD, you acknowledge and agree (i) that 3PSmart LTD is not responsible for operation of the underlying protocols and that 3PSmart LTD makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the 3PSmart LTD platform. In the event of a fork, you agree that 3PSmart LTD may temporarily suspend 3PSmart LTD operations (with or without advance notice to you) and that 3PSmart LTD may, in its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the forked protocol entirely, provided, however, that you will have an opportunity to withdraw funds from the platform. You acknowledge and agree that 3PSmart LTD assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
4. Conversion Services.
4.1. In General. Eligible users in certain jurisdictions may buy or sell supported Digital Currency through the Conversion Services. The Conversion Services are subject to the 3PSmart LTD “Conversion Rate” for the given transaction. “Conversion Rate” means the price of a given supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the 3PSmart LTD Site. The Conversion Rate is stated either as a “Buy Price” or as a “Sell Price,” which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell supported Digital Currency to 3PSmart LTD. You acknowledge that the quoted Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time and that 3PSmart LTD may add a margin or “spread” to the quoted Conversion Rate. You agree, as a condition of using any 3PSmart LTD Conversion Services, to accept the Conversion Rate as the sole conversion metric. 3PSmart LTD reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. 3PSmart LTD does not guarantee the availability of its Conversion Service, and the act of purchasing supported Digital Currency from 3PSmart LTD does not result in a guarantee that you may sell your supported Digital Currency to 3PSmart LTD.
4.2. Purchase Transactions. After successfully completing the Verification Procedures and sending funds to the 3PSmart LTD Fiat Account—a financial account provided by 3PSmart LTD for depositing traditional (fiat) currencies such as USD or EUR—to credit your 3PSmart LTD Balance with Fiat Currency, you will then instruct and authorize 3PSmart LTD (via email or messaging) to settle the purchase. A Conversion Service Fee (defined below) applies to all purchase transactions. Although 3PSmart LTD will attempt to deliver supported Digital Currency to you as promptly as possible, funds may be debited from your Fiat Currency Balance before Digital Currency is delivered to your Digital Currency Wallet. We will make our best efforts to fulfill all transactions in real time, however, in the rare circumstance where 3PSmart LTD cannot fulfill your purchase order at the stated Conversion Rate, we will notify you and seek your approval to complete the purchase order at the available Buy Price.
To secure the performance of your obligations under this Agreement, you grant 3PSmart LTD a security interest on the balances in your account.If you fail to meet your obligations (e.g., repay a debt or resolve a dispute), 3PSmart LTD can access or take those funds to cover the owed amount or losses.
4.3. Sale Transactions. After successfully completing the verification procedures, you may sell supported Digital Currency by sending Digital Currency to 3PSmart LTD designated Wallet previously requested by email (contact@3psmartltd.com) or message through a private channel created in the verification procedures. You will then instruct and authorize 3PSmart LTD (via email or messaging) to settle sales by converting the Digital Currency into your selected Fiat Currency. An applicable Conversion Fee (defined below) applies to all sale transactions. All transactions are processed in real time, however, receipt of Fiat Currency depends on the Digital Currency sold and funds may be exceptionally credited to the Fiat Currency Balance on the following business day.
4.4. Service Fees. Each Conversion Service transaction is subject to a fee (a “Service Fee,” also referred to as a “Conversion Fee”). The applicable Service Fee is displayed on the 3PSmart LTD Site prior to you completing a Conversion Service transaction. You can view the current fees on our Fee Table page https://3psmartltd.com/pricing-vasp/. 3PSmart LTD will not process a conversion transaction if the Service Fee exceeds the value of your transaction.
3PSmart LTD reserves the right to adjust its Service Fees and any applicable waivers. We will always notify you of the Service Fee which applies to your transaction, both at the time of the transaction and in each receipt we issue to you.
4.5. Internal Fees: When Digital Currency Transactions are made from an external Wallet to a 3PSmart LTD wallet, 3PSmart LTD may charge a network fee (miner fees) and Internal Fee to process a Digital Currency Transaction. 3PSmart LTD will calculate the network fee and the internal fee at its discretion.
4.6. Reversals; Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, NSF, or similar fees charged by your payment provider. 3PSmart LTD reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if 3PSmart LTD suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, international sanctions evasion or circumvention, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; or if 3PSmart LTD suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, 3PSmart LTD will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction.
4.7. Errors. In the event of an error, whether via our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your purchase order and obtain a refund of any amount charged.
4.8. No Returns or Refunds. All sales and purchases of Digital Assets via the Services are final. We do not accept any returns or provide refunds for your purchase of Digital Assets, except as otherwise provided in these Terms.
4.9. Payment Services Partners. 3PSmart LTD may use a third-party payment processor to process funding and payments between you and 3PSmart LTD, including but not limited to payments in relation to your use of the Conversion Service, deposits, or withdrawals from your Fiat Balance. 3PSmart LTD will not be held liable for any errors, mishandling, loss or disruption of services caused or related to its Payment Services Partners.
4.10. Transaction execution. Any order you place to purchase or sell Digital Currency via 3PSmart LTD will be considered pending and incomplete until we receive the necessary funds or Digital Currency confirmation (as applicable), as described below. The order will not be binding on us until we receive such payment confirmation or delivery confirmation from you. For FIAT Currency payments made using a credit/debit card other method (e.g., bank transfer), we will consider the order complete upon the actual receipt of FIAT Currency in our account. For delivery of Digital Currency to us, the order will be considered complete upon the actual receipt of Digital Currency in our designated Digital Currency wallet. 3PSmart LTD reserves the right to reject any cancellation request related to the order you have submitted. If you do not have sufficient assets to execute an order, 3PSmart LTD may cancel the entire order, or execute part of the order with the amount of assets you have provided.
5. Fiat Currency Wallets.
5.1. Wallets. Verified users must establish and fund a fiat currency balance (either in the USD Wallet or the Euro Wallet) to facilitate transactions on the 3PSmart LTD platform. You are the owner of the balance in your Wallet. 3PSmart LTD holds your balance in dedicated custodial accounts with a financial institution.
5.2. Deposits. To fund your Fiat Currency Wallet, you must initiate a transfer from your bank account. The necessary transfer details must first be sent either via email to contact@3psmartltd.com or through a private channel established during the verification process. Please note that 3PSmart LTD may apply a fee for receiving or sending funds to or from your account to offset any charges imposed by the banks. Additionally, your bank may apply its own fees for wire transfers. Once the funds have cleared your bank account, typically within two to three business days after the deposit is authorized, 3PSmart LTD will credit the corresponding amount to your Fiat Currency Wallet.
5.3. Withdrawals. To withdraw funds from your Fiat Currency Wallet, the receiving bank account must be in the name of the 3PSmart LTD user. To get this information 0.1 EUR transfer must be made from the Fiat Currency Wallet. When funds in the Fiat Currency Wallet have been credited through wire transfer or Conversion Services, 3PSmart LTD will immediately debit your Wallet and process the transfer to the bank account. Funds will typically settle in your bank account within two to three business days. Bank fees are netted out of transfers to or from 3PSmart LTD. We will not process a transfer if associated bank fees exceed the value of the transfer.
6. OTC.
6.1. OTC. 3PSmart LTD offers VIP concierge services to approved clients. OTC Services guarantee the order price and avoid distortion in the market due to the size of the order (“OTC Service”).
6.2. Requirements. To be able to use the OTC Service customers need to process orders over $100,000.00 USD.
6.3. Transactions:
6.3.1. Purchases. For purchases, clients must have a fiat balance in their 3PSmart LTD account of at least $100,000.00 USD (the “Minimum Purchase”) = $100,000.00 + 1% fee.
6.3.2. Sales. For a Sale, the clients must have a balance in cryptocurrency corresponding to the Minimum Purchase on their 3PSmart LTD account. The Digital Currency amount will be debited from the wallet upon trading.
6.4. Transaction Process. In case of extreme market volatility, 3PSmart LTD reserves the right to decline an OTC trade after trade confirmation. In rare cases, Client’s Digital Currency balance may take 24 hours or more to reflect the OTC trade due to unforeseen circumstances such as blockchain congestion. The Client’s funds transferred for issuance of Digital Currency are safeguarded in accordance with the Law on Digital Currency of the Republic of Anjouan. The Client retains ownership of the funds transferred for the issuance of Digital Currency until trade is completed.
6.5. Fees. The client agrees to pay the applicable services fees set forth on our website (https://www3psmartltd.com/terms). 3PSmart LTD reserves the right to modify the fees without limitations. We will provide advance notice of any fee changes via email.
7. General Use, Prohibited Use, and Termination:
7.1. Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the 3PSmart LTD, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by 3PSmart LTD from time to time. Any other use of the 3PSmart LTD Site or Content is expressly prohibited and all other rights, title, and interest in the 3PSmart LTD Site or Content is exclusively the property of 3PSmart LTD and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “www.3psmartltd.com”, “3PSmart LTD” and all logos related to the 3PSmart LTD Services or displayed on the 3PSmart LTD Site are either trademarks or registered marks of 3PSmart LTD or its licensors. You may not copy, imitate or use them without 3PSmart LTD’s prior written consent.
7.2. Website Accuracy. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products, and services. Accordingly, you should verify all information before relying it, and all decisions based on information contained on the 3PSmart LTD Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including websites without limitation) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the 3PSmart LTD Site.
7.3. Third-Party Applications. If, to the extent permitted by 3PSmart LTD from time to time, you grant express permission to a third party to access or connect to your 3PSmart LTD Account, either through the third party’s product or service or through the 3PSmart LTD Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your 3PSmart LTD Account. Further, you acknowledge and agree that you will not hold 3PSmart LTD responsible for, and will indemnify 3PSmart LTD from, any liability arising out of or related to any act or omission of any third party with access to your 3PSmart LTD Account.
7.4. Prohibited Use. In connection with your use of the 3PSmart LTD Services, and your interactions with other users, and third parties you agree and represent that you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your 3PSmart LTD Account and/or block transactions or freeze funds immediately and without notice, if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
7.5. Suspension, Termination, and Cancellation. 3PSmart LTD may: (a) suspend, restrict, or terminate your access to any or all of the 3PSmart LTD Services, and/or (b) deactivate or cancel your 3PSmart LTD Account if:
– We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
– We reasonably suspect you of using your 3PSmart LTD Account in connection with a Prohibited Use or Business; or
– Use of your 3PSmart LTD Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
– Our service partners are unable to support your use; or
– You take any action that 3PSmart LTD deems as circumventing 3PSmart LTD’s controls, including, but not limited to, opening multiple 3PSmart LTD Accounts or abusing promotions which 3PSmart LTD may offer from time to time.
– You have provided us with false or misleading information or documents and/or have not updated such documents and information within a reasonable period of time;
– You are bankrupt or under liquidation or an officer who takes over maintenance of your assets is assigned to you.
– You have suspended payment for services and have not repaid the debt within a reasonable period of time;
– You have committed a material violation of data protection laws;
– Any statement of the Terms or the information provided is or becomes materially inaccurate or materially altered;
– Validity of the Terms contradicts the requirements of the legal acts or causes us other adverse consequences that we could not have foreseen at the time of drawing up the Terms and Conditions and that we could not manage or avoid if the Terms and Conditions remain in force;
– We terminate provision of our services or provision of certain services directly related to the contract, or we cannot provide such services due to other reasonable circumstances;
– You have violated any provision of these Terms, Applicable Laws or rules;
– You use the Services for malicious, illegal or immoral purposes;
– This is necessary for our own protection, including (but not limited to) the following circumstances: (a) protection against fraud or money laundering; (b) protection against your failure to fulfil obligations; (c) protection against market failure; (d) protection against adverse or volatile market conditions; and (e) our protection against loss;
– If your activities using our services could damage our business reputation;
– In cases where it turns out that you commit a criminal and/or unlawful activities while using the Services;
– Sanctions schemes imposed by the Autonomous Island of Anjouan, Union of Comoros, European Union or other jurisdictions to the Russia Federation, the Republic of Belarus or to other countries makes the execution of the Agreement impossible.
– The 3PSmart LTD Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
– We detect unusual activities in the 3PSmart LTD Account;
– We detect unauthorized access to the 3PSmart LTD Account;
7.6. If 3PSmart LTD suspends or closes your account, or terminates your use of 3PSmart LTD Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits 3PSmart LTD from providing you with such notice.
7.7. You acknowledge that 3PSmart LTD’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to 3PSmart LTD’s risk management and security protocols. You agree that 3PSmart LTD is under no obligation to disclose the details of its risk management and security procedures to you.
7.8. You will be permitted to transfer Digital Currency or funds associated with your Digital Currency Wallet(s) and/or your Fiat Currency Wallet(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your 3PSmart LTD Account at any time by withdrawing all balances. You will not be charged for canceling your 3PSmart LTD Account, although you will be required to pay any outstanding amounts owed to 3PSmart LTD. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
7.9. Relationship of the Parties. 3PSmart LTD is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and 3PSmart LTD to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or 3PSmart LTD to be treated as the agent of the other.
7.10. Privacy of Others; Marketing. If you receive information about another user through the 3PSmart LTD Services, you must keep the information confidential and only use it in connection with the 3PSmart LTD Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation, and accounting unless you receive the user’s express consent to do so. You may not send unsolicited email to a user through the 3PSmart LTD Services.
7.11. Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the 3PSmart LTD Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your 3PSmart LTD Account by third parties and the loss or theft of any Digital Currency and/or funds held in your 3PSmart LTD Account and any associated accounts, including your linked bank account(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of 3PSmart LTD and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your 3PSmart LTD Account information has been compromised, contact 3PSmart LTD Support immediately at support@3psmartltd.com.
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). Such staff may be engaged in, among other things, the fulfilment of your payment order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
7.12. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the 3PSmart LTD Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your 3PSmart LTD Account.
7.13. Unclaimed Property. If 3PSmart LTD is holding funds in your account, and 3PSmart LTD is unable to contact you and has no record of your use of the Services for several years, applicable law may require 3PSmart LTD to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, 3PSmart LTD will try to locate you at the address shown in our records, but if 3PSmart LTD is unable to locate you, it may be required to deliver such funds to the applicable state or jurisdiction as unclaimed property. 3PSmart LTD reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
8. Customer Feedback, Queries, Complaints, and Dispute Resolution
8.1. Contact 3PSmart LTD: If you have any feedback, questions, or complaints, contact us via our Customer Support web page, our email legal@3psmartltd.com. When you contact us please provide us with your name, address, and any other information we may need to identify you, your 3PSmart LTD Account, and the transaction on which you have feedback, questions, or complaints.
9. General Provisions.
9.1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer virus, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or another attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from 3PSmart LTD. Always log into your 3PSmart LTD Account through the 3PSmart LTD Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
9.2. Release of 3PSmart LTD; Indemnification; If you have a dispute with one or more users of the 3PSmart LTD services, you release 3PSmart LTD, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold 3PSmart LTD, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
9.3. Limitation of Liability; In no event shall 3PSmart LTD, its affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees, or representatives, be liable (A) for any amount greater that the value of the supported digital currency on deposits in your 3PSmart LTD account or (B) for any lost profits or any special, incidental, indirect, intangible, or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the 3PSmart LTD site or the 3PSmart LTD services, or this agreement, even if an unauthorized representative of 3PSmart LTD has been advised of, knew, or should have known of the possibilities of such damages. This means, by way of example only (and without limiting the scope of the preceding sentence), that is you claim that 3PSmart LTD failed to process a buy or sell transaction properly, your damages are limited to no more than the value of the supported digital currency at issue in the transaction, and that you may not recover for lost profits, lost business opportunities, or other types of special, incidental, indirect, intangible, or consequential damages in excess of the value of the supported digital currency at issue in the transaction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation may not apply to you.
The 3PSmart LTD services are provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied, or statutory. To the maximum extent permitted by applicable law, 3PSmart LTD specifically disclaims any implied warranties of the title, merchantability fitness for a particular purpose and/or non-infringement. 3PSmart LTD does not make any representations or warranties that access to the site, any part of the 3PSmart LTD services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
3PSmart LTD makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. 3PSmart LTD will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but 3PSmart LTD makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
9.4. Entire Agreement. This Agreement, the Privacy Policy, E-Sign Consent, and Appendices incorporated by reference herein comprise the entire understanding and agreement between you and 3PSmart LTD as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and 3PSmart LTD. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
9.5. Amendments. 3PSmart LTD reserves the right at any time to supplement, modify, amend or update these Terms at its absolute discretion. 3PSmart LTD shall therefore, post the latest version of these Terms in the website and such supplemented, modified or amended terms shall be effective as of that revision date. By continuing to use 3PSmart LTD services following any such changes, implies that you agree to be bound by any such revisions. You should therefore periodically visit 3PSmart LTD website to be duly informed as to the Terms which currently apply.
Unless otherwise specified in the Terms, we will notify you of any such amendment, modification, update or change by publishing a new version of the Terms on the relevant page of the Website and by email. Unless otherwise specified in the Terms, any new version of the Terms will take effect 7(seven) days after its publication on the website (or earlier if required by any law, regulation or directive which applies to either us or you). Your continued use of 3PSmart LTD Services after this period will be deemed to constitute your acceptance of such new version of the Terms.
9.6. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any 3PSmart LTD affiliates or subsidiaries, or to any successor in interest of any business associated with the 3PSmart LTD Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
9.7. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
9.8. Change of Control. In the event that 3PSmart LTD is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
9.9. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, 3PSmart LTD Account cancellation, debts owed to 3PSmart LTD, general use of the 3PSmart LTD Site, disputes with 3PSmart LTD, and general provisions, shall survive the termination or expiration of this Agreement.
9.10. Governing Law. The terms of this agreement will be governed by the laws of the Autonomous Island of Anjouan, Union of Comoros. Any claim or dispute that has arisen or may arise between you and 3PSmart LTD will be resolved in accordance with the laws of Anjouan and subject to the jurisdiction of its competent courts. 3PSmart LTD is licensed and regulated by the Anjouan Offshore Finance Authority (AOFA) in the Union of the Comoros. Our services are not available to residents of restricted jurisdictions, including but not limited to FATF-blacklisted countries.
9.11. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
9.12. English Language Controls. Notwithstanding any other provision of this Agreement, any translations of this Agreement are provided for your convenience. The meanings of terms, conditions and representations herein are subject to the definitions and interpretations in the original English language version. Any translation provided may not accurately represent the information of the original English version.
9.13. Non-Waiver of Rights. This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES, AND CONDITIONAL USE
Prohibited Use
You may not use your 3PSmart LTD Account to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of 3PSmart LTD Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at support@pilsenga.com. By opening a 3PSmart LTD Account, you confirm that you will not use your Account to do any of the following:
– Unlawful Activity: Activity which would violate, or assist in the violation of any law, statute, ordinance, or regulation, sanctions programs administered in the countries where 3PSmart LTD conducts business or which would involve proceeds of any unlawful activity.
– Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the 3PSmart LTD Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the 3PSmart LTD Site, other 3PSmart LTD Accounts, computer systems or networks connected to the 3PSmart LTD Site, through password mining or any other means; use 3PSmart LTD Account information of another party to access or use the 3PSmart LTD Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user’s 3PSmart LTD Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of 3PSmart LTD.
– Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any 3PSmart LTD Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage violent acts against others; harvest or otherwise collect information from the 3PSmart LTD Site about others, including without limitation email addresses, without proper consent
– Fraud: Activity which operates to defraud 3PSmart LTD, 3PSmart LTD users, or any other person; provide any false, inaccurate, or misleading information to 3PSmart LTD.
– Illegal Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance unless properly licensed to operate in the country where it conducts business.
– Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of 3PSmart LTD intellectual property, name, or logo, including use of 3PSmart LTD trade or service marks, without express consent from 3PSmart LTD or in a manner that otherwise harms 3PSmart LTD or the 3PSmart LTD brand; any action that implies an untrue endorsement by or affiliation with 3PSmart LTD.
APPENDIX 2: E-SIGN DISCLOSURE AND CONSENT POLICY
The e-sign disclosure and consent policy describe how 3PSmart LTD delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, “Communications”) that we provide in connection with your 3PSmart LTD Account and your use of 3PSmart LTD Services. Communications include:
– Terms of use and policies you agree to (e.g., the 3PSmart LTD User Agreement and Privacy Policy), including updates to these agreements or policies;
– Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
– Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
– Responses to claims or customer support inquiries filed in connection with your Account.
– We will provide these Communications to you by posting them on the 3PSmart LTD website, emailing them to you at the primary email address listed in your 3PSmart LTD profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
– A device with an Internet connection;
– A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
– A valid email address (your primary email address on file with 3PSmart LTD); and
– Sufficient storage space to save past Communications or an installed printer to print them
Updating your Information
It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if 3PSmart LTD sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, 3PSmart LTD will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team via email at contact@3psmartltd.com
APPENDIX 3: GOVERNMENT LICENSE DISCLOSURES.
3PSmart LTD maintains an authorisation to engage virtual asset depository and exchange activities in the Autonomous Island of Anjouan, Union of Comoros, and this authorisation may impact our provision and your use of certain 3PSmart LTD Services depending on where you live. 3PSmart LTD’s regulated activity and corresponding required disclosures can be found on the Company registration portal of Anjouan.
If you have a question or complaint, please contact the consumer assistance division of 3PSmart LTD at support@3psmartltd.com.
Governmental notice:
– U.S. currency is legal tender backed by the U.S. government.
– Euro is legal tender in the EU nations
– Digital and virtual currencies are not issued or backed by any governments, or related in any way to government-issued currency, and have fewer regulatory protections.
– The value of digital and virtual currencies is derived from supply and demand in the global marketplace which can rise or fall independently of any fiat (government) currency.
– Holding digital and virtual currencies carries the exchange rate and other types of risk.
Potential users of digital or virtual currencies should be forewarned of a possible financial loss at the time that such currencies are exchanged for Fiat currency due to an unfavorable exchange rate. A favorable exchange rate at the time of exchange can result in a tax liability. Please consult your tax advisor regarding any tax consequences associated with your holding or use of digital or virtual currencies.
