This Agreement apply as a contract between 365cash OÜ (also referred to in these Terms as “GetBlock” “we”, “our” or “us”) and the Customer (also referred to as “you” or “your”).
You understand and affirm that by logging into your account shall constitute your agreement with these Terms and other applicable agreements between you and GetBlock. The same applies to any event in which the said Terms have been amended and you have logged into your account without expressing prior written notice of non-agreement to the new version of these Terms. You further acknowledge that we have a right to reaffirm your acceptance of these Terms from time to time, as we introduce amendments and that your acceptance shall be a prerequisite to further access and use of our Services. Please note that any transactions or orders placed with GetBlock exchange after entering into force of the updated provisions of these Terms may be subject to the said amendments. If you disagree to these Terms, you should discontinue the use of our Services and close your account in accordance with the provisions of these Terms.
Before engaging with and using our Services, you must ensure you have read these Terms in full, including all the important legal terms, such as disclaimer of liability, disclaimer of warranties, indemnifications, rules applicable to dispute resolution and risk disclosure.
If you have any questions regarding the use of our Services, these Terms, or any other inquiry, submission of feedback or complaints, please contact us at: [email protected].
1. OUR SERVICES
GetBlock (hereinafter, “GetBlock”) is online blockchain explorer designed for monitoring of blockchain transactions executed on different virtual (“crypto”) currency networks. GetBlock allows its users (hereinafter, “Users”) to perform verification of crypto currency transactions for indications of suspicious and illicit transactions as well as risk screening.
Check is the minimum unit for the provision of our Services. Checking of AML risk can be performed against an address (wallet) or a transaction itself. In addition, the output of checking includes a general risk assessment (“Risk Score”), the amount of assets distinguished as having elevated or high risk, details concerning source of funds and other information that is useful for performing AML checks and screening of crypto transactions to everyone, from retail investors and traders to merchants and businesses.
2. OTHER POLICIES AND AGREEMENTS
We have created the GetBlock to meet the needs and demands of offering a simple, straightforward and affordance solution for AML screening of crypto transactions that would be suitable for use by regular users (natural persons) and businesses. Therefore, we offer our services to all kinds of Users, but due to the specifics of the provision of Services to natural persons and legal entities, there are some differences in the way we apply legally binding terms and conditions on these two groups of Users.
- Natural persons: Users that access and use our Services individually for their private and/or personal use and that do not represent an entity, such as a legal person, corporation or organization, may start using our Services immediately after accepting these Terms and creating an individual User Account;
- Legal Persons: Users that represent legal persons and entities and access and use our Services for business purposes are required to create a corporate User Account by signing up using the corresponding Sign Up feature. After that, a corporate user will be presented with an additional Service Agreement applicable to corporate Users only. Terms and conditions of the Service Agreement are negotiated and amended with each corporate User, after signing which the corporate User may start using our Services. In order to verify that the person or persons signing up for a corporate User Account indeed represent their organisation, our specialists may require additional documentation confirming the eligibility of an entity to use our Services subject to Section 3 of these Terms.
All of these policies and agreements constitute a part of these Terms. Before signing up for the Account, you should read all policies and agreements applicable to you as a User in respect to your role.
Availability of our Services depend on a number of factors determining your eligibility to engage with the said Services. GetBlock may refrain from providing the Services in certain locations and jurisdictions: the information about such locations and jurisdictions is available on our website at getblock.net.
In order to be deemed eligible to use and engage with our Services, you must warrant that:
- You have reached the legal age in your country of residence and therefore are legally capable of entering into agreements and be bound by its terms;
- You have never been suspended or otherwise restricted from using our Services;
- Entering into a binding agreement with us does not contradict or breach any other contractual terms by which you are legally bound;
- You are not located and/or residing in any of the restricted locations and jurisdictions, including those subject to the EU and the Republic of Estonia economic restriction measures (i.e., embargoes);
- You are not identified as an individual that is officially classified as a Specially Designated National and Blocked Person (the “SDN”), or is affiliated with companies, groups and entities classified as the SDN, or otherwise represent such natural or legal person;
- You are not subject to any international sanctions, including the EU and United Nations sanctions, or affiliated with companies, groups and entities subject to international sanctions, or otherwise represent such natural or legal person.
Eligibility of an individual intending to use the Services of behalf of a legal entity is determined by meeting the following requirements:
- Your organization is incorporated with all due diligence of the company formation and incorporation in the country of its legal location;
- Your organization conducts its activities in accordance with the applicable laws and regulations;
- You have been legally authorised to represent your organization and otherwise enter into legally binding agreements on its behalf;
- Your organization has not been associated with, affiliated with or otherwise identified as the SDN;
- Your organization is not subject to any international sanctions, including the EU and United Nations sanctions, or affiliated with companies, groups and entities subject to international sanctions, or otherwise represent such natural or legal persons;
- Your organization does not fall under the definition of Prohibited Businesses as stated in Annex 2 to these Terms and does not represent nor conducts its business activities in any of the fields laid down in Annex 2.
We reserve the right to evaluate your eligibility to access and use our Services at any moment by assessing your compliance with the eligibility criteria listed above. In the case of amendment, alteration, or extension of eligibility criteria, we may review your eligibility accordingly. GetBlock may require you to provide proof of eligibility, if necessary. Any decision, including the initial and ongoing evaluations, reviews and assessments of your eligibility, shall be final.
4. YOUR ACCOUNT
4.1. Registering an Account
Registration of an Account is a prerequisite to using any of our Services and our GetBlock. Upon the registration, you will be asked to provide your details, such as your name and e-mail address, as well as to submit a password and agree to these Terms. By accepting these Terms, you acknowledge and confirm that you are acting on your behalf and opening an Account for yourself only. In an event of opening of an Account by a third party acting on your behalf, such as your representative, you acknowledge that we may require you to present the respective proof of authorisation granted to the said party to act on your behalf, such as a Power of Attorney or other proof of authorisation.
Please note that appointing a third party to act on your behalf and expressing explicit permission for them to perform actions including, but not limited to, registering an Account, does not waive any liability off you as a subject to these Terms. Any action performed by such a third party shall be considered authorized by you and therefore being performed in accordance with your direct and indirect instruction. By accepting these Terms, you acknowledge that you retain full responsibility for the instructions given to any third party authorized to act on your behalf and any act and omission arising from the said instructions thereof. You further confirm that we are not liable for any such act or omission. You may alter or recall authorization granted to a third party by submitting a written notice to us via e-mail: [email protected].
One person may create and use only one Account. Any duplicate Accounts associated with your data already submitted to another Account will be suspended.
4.2. Approval Process
Approval Process is a procedure undertaken by our compliance team to ensure our customers' background and eligibility for opening an Account. GetBlock ensures the Approval Process procedures to be undertaken for all users registering an Account in accordance with due diligence measures to prevent cases of scam, fraud and violation of sanctions.
Before being granted access to your Account, including access to your use of our GetBlock and Services, respectively, you should complete the verification procedures necessary to ensure Approval Process. Our Compliance Team will evaluate the information you submit in accordance with their instructions and inquiries to assess it on the basis of the applicable legal requirements and policies. To provide quality assessment of our perspective User's background information and ensure decision-making in accordance with the legal requirements in force, we ensure that the said assessment is performed by the professionals who have obtained necessary training and qualifications to undertake the tasks associated with the assessment.
By providing us with the information requested to verify your identity for the purposes of Approval Process, you acknowledge and confirm that all the information submitted to us by you in true, accurate and complete, and you have not deliberately concealed or otherwise tampered with or altered information for the purposes of influencing the outcome of our assessment. You further agree that any information that was presented in a false, inaccurate or incomplete state is corrected by presenting additional documents and records correcting the said inadequacies. In an event of change of circumstances influencing the correctness and integrity of submitted information, you agree to notify us of such changes and present information that is up-to-date respectively.
We reserve the right to forward any information submitted to us to the competent authorities, should we have serious grounds to believe that the submitted information is associated with a case of fraud, money laundering, terrorism financing or other financial crime acts. We may further disclose such information to the competent authorities to receive their evaluation, should we be unable to conclude with full certainty the user's affiliation with any of the above-mentioned acts.
4.3. Account Closure
You have a right to close your Account at any time. You acknowledge that closing an Account on your own accord does not invalidate and/or annual the validity of any provisions of these Terms to which you were a subject prior to Account closure.
5. BREACH OF AGREEMENT
5.1. Prohibited Use
GetBlock was created as encouragement of competitiveness, fairness, and transparency of crypto currency market and market participants' activities, which we value in high regard and ensure that our Users follow the said principles whilst using our Services. The following section describes practices that are prohibited on the GetBlock and therefore are taken into account when assessing an event of a Breach of these Terms and determining applicable Sanctions and Remedies. The followings acts and omissions are considered strictly prohibited on the GetBlock and in regards to all our Services:
- Unlawful activity, meaning any activity that violates any law, regulation, legal act, or other legal instrument adopted in the countries of GetBlock operation, including but not limited to laws of Republic of Estonia and the regulatory regime supervised and enforced by the Financial Intelligence Unit (Rahapesu andmebüroo, or “FIU”);
- Fraud and other acts of fraudulent nature: this includes use of our Services for any act or attempt to commit such an act thereof that would inevitably deceive or trick any User or GetBlock in regards to any crypto transaction;
- Acts detrimental to Cybersecurity, including introducing automated means of interface not authorised and developed by us, imposing unreasonably large amounts of data in an attempt to overload, interfere with, intercept, or cause malfunction and failure of our hard- and software and systems; attempts to gain access to a Customer's account without their authorization or knowledge; accessing and tampering with any Service that you are not authorized to access; infiltrating any malware or malicious code or software, such as viruses, Trojan, worms, developing and distributing third-party applications engaging with of our object and/or source code and our Services, and other relevant acts falling under the subject matter of the Estonian Cybersecurity Act (Küberturvalisuse seadus);
- Intellectual Property Infringement, including involvement in any use of transactions with the subjects of GetBlock's intellectual property, such as those subject to copyrights, trademark, trade secret, without prior consent and authorization by GetBlock and in a manner that constitutes an infringement or violation of any intellectual property law or regulation of the country of GetBlock operation, including but not limited to the Estonian Copyright Act (Autoriõiguse seadus);
- Any business falling under Annex 1 on Prohibited Businesses.
The above-mentioned provisions shall apply to GetBlock Services and the GetBlock at all times without exception.
GetBlock reserves the right to refrain from providing services and terminate any relation immediately and without further notice with businesses falling under the definition of a Prohibited Business as provided in Annex 2 to these Terms. You should read Annex 2 carefully before applying for an Account.
5.2. Account Suspension and Termination
GetBlock may decide to suspend, restrict or terminate your Account and limit your access to our Services in any event that falls under any of the following reasons (the list of which is non-exhaustive):
- We believe that your acts may be damaging to or have resulted in consequences detrimental to our reputation;
- We are required to do so by a regulatory authority, court order, law enforcement order or the act of any other competent authority;
- We have reasonable grounds to suspect you in breaching these Terms or other applicable agreement;
- We have reasonable grounds to believe you are engaged fraudulent and/or illegal activities;
- We have reasonable grounds to suspect you in violation or circumvention of economic sanctions and trade restrictions;
- We suspect unauthorized and/or fraudulent access to your Account, or believe that your login credentials have been used to gain access to your Account without your consent and/or knowledge;
- We believe the security of your Account has been compromised;
- We have reasonable grounds to suspect money laundering, terrorist financing, fraud or other financial crime;
- Your Account is a subject to any ongoing/pending litigation, investigation and/or legal proceedings;
- Your Account is a believed to be a subject to potential non-compliance and heightened risks in regards to the regulatory norms and requirements;
- You have performed activities with the use of your Account that fall under any of the Prohibited Use activities as stated in Section 5.1, or your Account has been engaged in any prohibited businesses, goods and products.
We reserve the right to deactivate your account taking effect immediately for any of the above-mentioned reasons. GetBlock will issue the reasons specifying the reasons leading to a decision to suspend, restrict or terminate your Account and, where appropriate, instructions on how to effectively correct or amend erroneous information or submit missing information and documents. We will effectively lift these restrictions once the necessary deficiencies have been eliminated and your Account has been deemed no longer falling under any reasons for suspension or termination.
We reserve the right to suspend, restrict, or terminate your Account and restrict your access to and use of any of our Services without specifying reasons by giving you a one-month notice. You further acknowledge that non-disclosure of reasons for a suspension or termination decision may be based on internal confidential criteria that are classified as such for the purposes of maintaining security and ensuring compliance with the relevant legal requirements associated with risk mitigation and due diligence procedures. We refrain from disclosing such criteria to any unauthorized third party under any circumstances.
Services are paid by the User on a prepayment basis. The User selects and pays for the check package on the Tariffs page. The User's personal account displays the number of checks available to him. The user can perform a Check at any time using the "Order Check" or "Check" button, on the pages of the address, transaction, as well as in the personal account. The results of all performed checks are available to the user in the personal account. In addition, they are available on the corresponding pages of the address and transaction, if the User is authorized in the personal account. For each check, a unique link is generated, the User can share this link with interested parties, thereby giving them access to the results of his check.
The Contractor does not accept funds and payment information directly from the User. Payment for the Service is made on the secure page of the payment system. Payment systems and / or financial institutions are solely responsible for the funds and paid information entrusted to them by the User. The Service cannot be a party to the agreement between the Payment System and / or a financial institution and the User and is in no way responsible for the incorrect or unauthorized use of the Payment System's capabilities by the User, as well as for possible abuse by the Payment System. Mutual Rights and Obligations of the User and the Payment system and / or financial institution are governed by the relevant agreements.
All events of our indemnification, warranty, limitations of losses and limitations of liability are hereby excluded as per the applicable law to the fullest permitted extent, if not specified otherwise herein. Neither these Terms, nor other GetBlock policies and agreements shall by any means exclude or limit liability which may not be limited or excluded under relevant law.
7.1. Disputes with Users
You acknowledge and agree that if you wish to raise a dispute with any GetBlock User, neither we nor any of our partners, affiliates, service providers, officers, director, employees, representatives and other parties and persons affiliated with us shall be liable in any manner for claims, losses, actions, demands, costs, expenses and damages associated with and resulting from said disputes. Any dispute of such nature shall be settled with user or users whom it may concern notwithstanding any affiliation with our above-mentioned affiliates and us.
7.2. Disclaimer of Warranties
GETBLOCK SERVICES AND GETBLOCK ARE PROVIDED TO YOU ON A “AS IS” AND “AS AVAILABLE” BASIS, NO PROMISES, REPRESENTATIONS AND WARRANTIES GIVEN IN REGARDS TO THE SAID BASIS, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GIVE ANY WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY PROMISES, REPRESENTATIONS AND WARRANTIES THAT ACCESS TO OUR SERVICES AND SITE SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
WE SHALL PUBLISH AND MAKE AVAILABLE ANY INFORMATION, MATERIALS, VIEWS, OPINIONS, PROJECTIONS OR ESTIMATES FOR THE INFORMATIVE PURPOSES ONLY, AND THE SAID PURPOSE IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. ANY DECISION. ACT, OR OMISSION THEREOF UNDERTAKEN BY YOU SHALL BE MADE ON THE BASIS OF YOUR OWN ASSESSMENT OF RELEVANCE, TIMELINESS, ACCURACY, ADEQUACY, COMPLETENESS, RELIABILITY AND VALUE OF INFORMATION, MATERIALS, VIEWS, OPINIONS, PROJECTIONS OR ESTIMATED PROVIDED TO YOU ON THE GETBLOCK AND VIA OUR SERVICES. SUBSEQUENTLY, WE SHALL HOLD NO LIABILITY OVER ANY DAMAGE OR LOSS ARISING DIRECTLY OR INDIRECTLY AS A RESULT OF YOUR USE OF ANY INFORMATION, MATERIALS, VIEWS, OPINIONS, PROJECTIONS OR ESTIMATES PROVIDED TO YOU ON THE GETBLOCK AND VIA OUR SERVICES.
YOU AGREE AND ACKNOWLEDGE THAT ANY STATEMENT RELIED UPON BY YOU IN REGARDS TO THE ABOVE-MENTIONED NOTIONS IS DERIVED DIRECTLY FROM THE PROVISIONS OF THESE TERMS, UNLESS EXPLICITLY SPECIFIED OTHERWISE.
7.3. DISCLAIMER OF LIABILITY
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL GETBLOCK, ITS AFFILIATES, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND OTHER PARTIES AND PERSONS AFFILIATED WITH IS BE LIABLE IN ANY FORM OR MANNER, IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SIMILAR DAMAGES, OR OTHERWISE FOR ANY DIRECT DAMAGES, EVEN IN AN EVENT OF PRIOR NOTIFICATION OF SUCH A POSSIBILITY ARISING THEREOF, IN CONNECTION WITH THESE TERMS OF SERVICES OR ANY OTHER AGREEMENT, YOUR USE, INCLUDING ATTEMPTED USE, OF OUR GETBLOCK, SERVICES, INFORMATION, MATERIALS, VIEWS, OPINIONS, PROJECTIONS OR ESTIMATES PROVIDED BY US, EXCEPT TO THE EXTENT STIPULATED BY LAW.
YOU FULLY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT RECOVER FOR LOST OR UNREALIZED PROFITS, BUSINESS OPPORTUNITIES, UNINTENDED AND UNFORESEEABLE FINANCIAL LOSSES AND OTHER PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES.
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE AMOUNT OF FEES PAID TO USE IN THE PAST TWELVE MONTHS CALCULATED IN EUROS AND WE SHALL BE REQUIRED TO OFFER ANY OTHER AMOUNT TO YOU AS A REMEDY.
MOREOVER, THIS LIMITATION OF LIABILITY CONCERNS AND APPLIES TO, IN CONJUNCTION THE ABOVE-MENTIONED STATEMENTS HEREIN, TO DAMAGES, INTERRUPTIONS, AND ERRORS CAUSED BY COMPUTER VIRUSES, MALICIOUS SOFTWARE, SPYWARE, SCAMWARE, TROJAN HORSES, WORMS, OR ANY OTHER MALICIOUS SOFTWARE OR MALWARE THAT MAY AFFECT THE OPERATIONAL STATE OF YOUR HARD- AND SOFTWARE AND THEIR SECURITY. SIMILARLY, WE SHALL NOT BE LIABLE FOR ANY PHISHING, SPOOFING, DOMAIN TYPOSQUATTING, NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, MINING DIFFICULTIES, FAILURE OR MALFUNCTION OF ANY COMMUNICATION, ELECTRONIC AND MECHANICAL EQUIPMENT, TELEPHONE OR OTHER INTERCONNECTION DEVICES, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, BRANCHING OF CYBERSECURITY AND HACKING, AND OTHER RELEVANT EVENTS, INCLUDING FORCE-MAJEURE EVENTS. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOU ARISING FROM THE AMENDMENTS, INTRODUCTIONS, ENTERING INTO FORCE, REPEALING OR OTHERWISE ALTERING LEGISLATION, REGULATIONS, POLICIES AND LAWS IN FORCE AT ANY GIVEN TIME OR DATE.
THIS DISCLAIMER OF LIABILITY SHALL SUPERSEDE, NOTWITHSTANDING THE VALIDITY AND CONFLICT OF AND BETWEEN ANY OTHER SECTION, PROVISION OR STATEMENT OF THESE TERMS THEREOF.
You agree to indemnify and hold harmless GetBlock as well as any of our partners, affiliates, service providers, officers, directors, employees, representatives and other parties and persons affiliated with us from any and all claims, losses, actions, demands, costs, expenses and damages resulting from the use of your Account by you or any other third party in regards to:
- use of our GetBlock and Services;
- breaches and violations of these Terms and other GetBlock Policies and Agreements;
- cancellation or termination of any crypto transactions;
- loss of funds resulting from investment in and trade with crypto currencies;
- any risk assessment and decision-making performed on the sole basis of information provided to you by our Risk Score output;
- feedback, comments or submissions provided by you;
- erroneous, false, incomplete, or misleading information provided to us;
- violation of laws and regulations, or rights of any third party.
9. PERSONAL DATA PROTECTION
Within the scope of the GDPR, GetBlock and our official partners that incorporate our Services, such as Crystal Blockchain, are considered separate and independent data controllers of personal information of the Customers. It means that we and our Partners do not share the same purposes of processing and thus cannot be held responsible for violations and breaches of processing personal data. For example, even though both GetBlock and a Partner may process the personal data of the User, GetBlock process it for the purposes of providing you with our Services and fulfilling the obligations under these Terms, among others, while a Partner may process the same data for the purposes of fulfilling their own obligations. In a similar way, if a Partner accidentally make information about a User public, we cannot be held liable for such a disclosure.
In some cases, GetBlock and our Partners may be found to be joint controllers of your personal information. In such a case, you agree to indemnify us for any litigation, fine or other expenses brought against us for violations and breaches of personal data of Customers, should it be committed by you as a joint data controller. For more details on Indemnification, please refer to Section 8 of these Terms.
Within the scope of the GDPR, some Customers may be considered as data subjects enjoying certain data protection rights. Note that the provisions of the GDPR apply to natural persons only, so Customers registered as companies, organisations and other legal persons cannot enjoy the protection of the GDPR. The data of persons associated with such Customers, such as, for example, its representatives, employees, executives, and other natural persons, should be treated as personal data under the GDPR by all processors and controllers.
10.1. Security Data
You agree and acknowledge that security of your login details and credentials, including but not limited to passwords, backup data and other relevant data, is your sole responsibility. You must ensure adequate, constant and safe maintenance and control over your security details at all times to prevent unauthorised access and use of your security data, its loss, modification, alteration, theft and breach. You shall implement reasonable means to ensure security of your data, which include but are not limited to the following methods:
- Creating passwords of sufficient complexity and character length and storing them in an encrypted, protected manner, such as password managers and external devices;
- Preventing misuse, theft and loss of your electronic devices, ensuring that any data related to your Account that is stored on any such device is backed up on external data storage devices and protected by encryption;
- Preventing and avoiding any remote access to your devices when you are logged on to your Account;
- Avoiding disclosure, visibility and transfer of any security data related to your Account, including passwords, personal details, payment methods, bank account and card details, and other relevant data;
- Checking every request to send and/or receive crypto currency funds as prepayment for goods and services, send and/or reveal any security data element or share any information related to your Account that you receive from us or any other third party. Please note that we will never ask you to reveal any of the above-mentioned security data; nor shall we ever ask you to transfer any funds to us in any form or any of our accounts, except in a manner and by means compliant with and permissible by applicable law.
10.2. Reporting Security Breach
If you suspect that your Account or security data have been compromised or breached, or you have become aware of any event involving your Account and/or affecting you and/or us (including cyber-security attacks), you must notify us immediately by writing an e-mail at: [email protected].
11. COMPLAINTS AND DISPUTE RESOLUTION
11.1. Governing Law
This Agreement, your rights and obligations as well as all actions arising out of and related to these Terms shall be governed by the laws of the Republic of Estonia, applicable to these Terms in their entirety.
11.2. Complaints Filed with Us
If you have a complaint and wish to resolve a dispute arising out of it, you shall address it with our support team in the first instance before attempting to settle any dispute by means described in the next sub-sections of these Terms. Please note that a competent authority referred to in the next sub-sections may dismiss your action on the basis of your failure to settle dispute by contacting us directly in the first place. You may challenge your complaint by contacting GetBlock Customer Support.
You shall contact our Customer Support by sending an e-mail to [email protected]. In your message, you shall indicate the points of issue, elaborating on details of your claim as precisely as possible, and present evidence supporting your claims in a form of visual (photo/video) and/or audio materials. A Customer Support specialist will respond to your message in a timely manner but no later than within 14 days from the day of the submission of a complaint. The Customer Support specialist shall then provide you with the following remedies:
- Supporting your claims and remedies proposed by you and providing their aid in obtaining said remedies;
- Rejecting your claim and identifying reasons for rejection;
- Proposing alternative remedies for dispute resolution.
In an event of an inability to contact you within the indicated notice period of 14 days, we shall notify you of the reasons for a delay and specifying the deadline by which our Customer Support specialist must contact you. The maximum period allowed for replying to your complaint shall not be longer than 30 days from the day of submitting a claim.
11.3. Alternative Dispute Resolution
You may opt to settle a dispute by alternative dispute resolution means of arbitration, if you are unable to settle a dispute with the Customer Support, or you are not satisfied with remedies proposed to you as a result of your prior communication with our Customer Support.
By applying for arbitration proceedings, you agree and acknowledge that you willingly waive your right to resolve any dispute, whether existing or future, through litigation. You may, however, initiate court proceedings in the country of the seat of the arbitration to rule the appointed arbitration award invalid and unenforceable.
The arbitration proceedings will be conducted according to the provisions of the said Terms by a sole arbitrator who will be appointed, if the dispute is domestic, by the local Chapter – if any – of the European Court of Arbitration and in the absence of a local Chapter, as well as to all non-domestic disputes, by the Central Registrar in Strasbourg. The language of proceeding shall be English.
The parties undertake to keep, and to cause their Counsel, advisors, managers, employees and agents to keep strictly confidential the dispute, the facts, the documents, the evidence and the award.
The parties agree to conduct and to cause their Counsel to conduct themselves in a manner which limits the duration of the proceedings to nine months, and to avoid the production of documents and the calling of witnesses who are unnecessary or irrelevant, restraining motion practices, avoiding delays, vexatious or repetitive conduct and in general any overlawyering and accepting to pay to the other parties all legal costs caused by a breach of such commitment, even in cause of final success in the dispute.
Each party further undertakes to promptly reimburse the other parties which should pay its share of any advance requested by the European Court of Arbitration or by its local competent Chapter – if any – for the proceedings and to recognise that the other parties shall be entitled to an ex parte summary judgment, or other summary proceedings, against it for such repayment.
The parties request the arbitrator to issue as soon as possible an interim award for the part of a claim or cross claim which is undisputed or manifestly grounded.
11.3. Dispute Resolution in Court
In an event of inability to settle a dispute in any manner described in above-mentioned Sections 9.2—9.3, you have a right to initiate legal action or proceedings in the exclusive jurisdiction and venue of Harju County Court located in Tallinn, Estonia. You further agree not to initiate any such legal action or proceedings in any other jurisdiction and before any other court.
12. FINAL PROVISIONS
12.1. Intellectual Property
All intellectual property rights in regards to materials and content presented in connected with GetBlock is subject to and enjoys protection of applicable intellectual property regulations. Material and content protected by intellectual property rights cannot and shall not be licensed to any third party under any implied license, unless specified otherwise. All materials and content subject to intellectual property rights may be used in a personal, lawful and non-commercial manner only and only in connection with you use of our Services and GetBlock. You agree and acknowledge that any use of our materials and content in any other manner constitutes intellectual property rights infringement and may enable us to initiate appropriate legal action.
You further acknowledge and agree than distribution and sharing of our materials and content on any third party websites, file hostings, and similar services is strictly prohibited. Furthermore, GetBlock prohibits reproduction, display, public performance, distribution and use of our materials and content for any public and commercial purposes. Any copying and sharing of our materials and content shall be done by requesting prior permission from GetBlock and only by obtaining a written notice permitting you to do so. You further agree to retain any watermark, copyright signs and other relevant copyrights and proprietary notices associated with said materials as originally provided. Modification, alteration and selling of our materials and contents is prohibited.
12.2. Access and Availability
Please note that access to and availability of our GetBlock and Services may be affected by events outside of our scope of control. In such an event affecting access and availability of the GetBlock, you may experience inability to access your Account and our GetBlock and Services, make new listings, communicate with other Users and perform purchases/sales. GetBlock does not guarantee or warrant flawless and uninterrupted access to and availability of our Services and GetBlock at all times. Even though our customer support aims at providing you with timely and efficient responses within reasonable and adequate periods, be do not warrant nor guarantee the said timeliness. Under no circumstances shall we be liable for any damages arising from the events affecting access and availability of our Services and GetBlock.
12.3. Third Party Services
You may encounter content, links to web pages and services as well as other relevant services and information provided to you by third parties while using our Plaform and Services. Please note that we shall not be liable for any content provided to you by third parties, nor do we have any control, direct or indirect, over the quality, quantity and subject matter of the said content. In an event of raising concerns over the quality, quantity and/or subject matter of third-party content, you agree to address said concerns to the respective third party and any dispute arising thereof shall be settled without our participation between you and the third party in question.
12.4. Your Compliance with Applicable Law
Your compliance with applicable laws, regulations, licensing requirements and other relevant legislation, including but not limited to personal data protection, export/import licenses, laws on anti-money laundering and terrorist financing prevention as well as manufacturing permits and licenses are your sole responsibility. GetBlock shall not be liable in any manner or form for the breach of applicable laws and regulations arising from your use of our Services and GetBlock, not shall be held liable for any damages and consequences of the said breaches.
We may adopt changes and amendments to these Terms and other GetBlock Policies and Agreements to adapt and comply with the recent development in applicable legislation or for other reasons. We will notify you of any changes and amendments to these Terms and other agreements by e-mail and on our GetBlock at least one month in advance. Please note that your acceptance of changes and amendments is deemed valid if you have not objected or otherwise notified us in writing prior to the date of entry into force of said changes and amendments. Within a one-month notice period, you have a right to terminate any agreement immediately and free of charge.
Please note that under certain circumstances, whenever and to whichever extent permissible by law, it may be necessary for changes and amendments to take immediate effect or otherwise enter into force within a period shorter than a one-month notice. In such an event, you shall be notified of the changes and amendments taking effect immediately and be informed of your right to terminate the agreement immediately and discontinue your use of our Services and GetBlock.
Previous versions of these Terms and other agreements shall be made available to you on our GetBlock for your consideration.
GetBlock does not provide any tax advice and shall not be perceived as tax advisor. You shall be solely responsible for obtaining professional tax advice from the relevant professionals with respective qualifications and in your own jurisdiction. GetBlock does not control and determine whether and what crypto currency funds in your possession are subject to applicable income and relevant taxes in your jurisdiction, as well as the procedures and obligations related to withholding, reporting, and collecting taxes to and with the relevant competent authorities in the country of your tax residence.
12.7. Relationship with Law Enforcement
We may engage in correspondence and communication with law enforcement authorities, including courts, regulators and policymakers. We may initiate such correspondence or communication at our own discretion in connection with your use of our Services, or be required to respond to request, inquiry or order of the above-mentioned law enforcement authorities in accordance with applicable legislation.
12.8. Transfer and Assignment
This Agreement refer to and are applicable exclusively to you. Any rights, licenses, obligations and interests may not be assigned to or transferred to any other person, natural or legal, at any time or in any part. Any transfer or assignment of our rights, licenses, obligations and interests under these Terms may be done at our own discretion only in an event or under circumstances concerning corporate matters of reorganisation, including but not limited to mergers and acquisitions, given the effect of such reorganisation matter does not result in negative implications for the quality of our Services.
12.9. Relationship of the Parties
For the purposes of these Terms, the relationship between GetBlock and you is of contractual nature only. There Terms shall not be used to arrange, prove or otherwise initiate any partnership, joint venture, agency, consultancy or trusteeship relations between GetBlock and you and any of the above-mentioned relations shall be negotiated on a separate basis and applicable terms notwithstanding the given Terms.
12.10. Force Majeure
You agree and acknowledge that GetBlock shall not be liable for any performance failures, events of downtime, interruptions, unavailability of our GetBlock and Services, as well as other malfunctions and delays resulting from any event or cause occurring regardless of our forecasting and beyond our direct and indirect control, including but not limited to acts of war, natural and nuclear disasters, epidemic and pandemic, acts of military and civil authorities, terrorism, sabotage, strike or other relevant labour dispute, accident, proclamation and enforcement of state of emergency, introduction, imposition or implementation of any national, supranational and international financial sanctions and trade embargoes, malfunction of any soft- and hardware, communication lines and means, Internet and network service providers.
12.11. Entire Agreement
This Agreement as well other GetBlock agreements adopted therein shall comprise and be perceived as the entire agreement between 365cash OÜ and you and shall therefore supersede and prevail over any perceptions, discussions, agreements, inducements, or understandings of any kind or nature, whether written or oral.
You agree and acknowledge that in an event of any of the provision of these Terms shall be invalid or unenforceable due to the amendments and entering into force of new redactions of the law, regulation, and other legislation of any competent authority of Republic of Estonia, we shall alter the contents of said provisions to adhere its subject matter, validity and enforceability to applicable law given its latest amendments. Furthermore, the validity and enforceability of other provisions of these Terms shall not be affected.
12.13. Change of Control
You acknowledge that in an event of GetBlock acquisition, merger or transfer to any third party legal entity, your data, including personal data, may be shared with the said third party in regards to the rights arising from any such acquisition, merger or transfer.
All provisions that, by nature of applicable law and to the extent permissible by it, survive termination or expiration of these Terms, including but not limited to Account suspension, termination or closure, debts owed to us, general use clauses and provisions, etc., shall remain binding and enforceable after the termination or expiration of these Terms.
The language of these Terms presented to you in the original form is English. Any translation, including machine-made translations by third party tools and applications as well as versions of these Terms in other languages provided by us or other third parties, shall be made available to you for your understanding and perception and shall not be regarded as accurate interpretation or representation of original provisions. In case of any divergence from or inconsistency with the English language version of these Terms, the English language version shall prevail.
12.16. Governing Law and Jurisdiction
The provision of these Terms as well as the relationship between you and us shall be governed by laws of Republic of Estonia.
13. FEEDBACK AND COMMUNICATION
For any inquiries, questions, feedback, or complaints, please contact us by any of the means provided below:
- Contact our Customer Support at: [email protected]
ANNEX 1. PROHIBITED BUSINESSES
This Annex is applicable as an addition to Section 5.1 on Prohibited Use of the Terms and shall be perceived in conjunction with the said Section. Please note that the list below is non-exhaustive and may be altered, modified and expanded in connection to the amendments in applicable legal acts and other factors and shall therefore be representative only. If you are not sure whether your business falls within the scope of the below-mentioned business activities, please contact us at: [email protected].
By opening an Account, you warrant and acknowledge that may not use our services for the business activities, which include but are not limited to:
- Illegal business activities: business activities involving fields and acts prohibited by any law, regulation, statute or ordinance; acts encouraging, instructing or aiding others to partake and engage in any activity prohibited by law;
- Infringement of Intellectual Property rights: business activities that infringe any patent, copyright or trademark registered in accordance with applicable law, or violate other relevant intellectual property rights, e.g. producing, selling, distributing and promoting counterfeit visual, video and audio material, software, duly registered inventions without official authorization from the patent holder, or any other material subject to licensing and intellectual property rights;
- Drugs and Drug Paraphernalia: sale and distribution of controlled substances and any products designed for making and consuming drugs (bongs, vaporisers, hookahs), or otherwise concealing drugs;
- Regulated and Licensed Goods and Services: sale of tobacco, cigarettes (including e-cigarettes), e-liquids; sale of precious metals and stones; online pharmacies, including sale of prescription medication; sale of weapons, firearms, munitions, gunpowder, and other explosives; sale of fireworks and other pyrotechnics; sale, purchase and distribution of toxic, flammable, and radioactive materials; oil and gas industries; extractive industry;
- Illicit Substances and Pseudo-Pharmaceuticals: sale of any product or substance that present risk to consumer safety, or make misleading or unsupported claims that have not been confirmed and verified by competent authority in the applicable country and/or obtained relevant certifications and/or licenses;
- Counterfeit or Stolen Goods: sale of counterfeit designer products distributed by unauthorized and unlicensed retailer/reseller; sale of replicas; sale of goods that have been imported or exported illegally; sale of stolen goods;
- Restricted Financial Services: check cashing; bail bonds; collection agencies;
- Unlicensed Providers of Services in Regulated Industries: including unlicensed foreign exchange providers, unlicensed lotteries and gambling;
- Fraudulent Financial Schemes: multi-level marketing, pyramid or Ponzi schemes, referral marketing;
- Goods and Service Providers engaging in unfair, misleading, and aggressive commercial practices: any merchant or service provider that, at our sole discretion, implements means of harassment, coercion, including by means of physical force, or undue influence impairing consumers' freedom of choice or conduct;
- Other High-Risk Businesses: any businesses that are determined by us to be of high-risk profile on the basis of applicable laws and regulations, including legal requirements of AML/CTF Law, and that we subsequently believe to be pose elevated financial and/or legal risk of liability, violations and crime.