Terms & Conditions
WERECOIN USER AGREEMENT
References in this Agreement to “Werenode”, “Werecoin”, “we”, “our” or “us”, are to Werenode SAS and references to “you” or “your” are to the person with whom Werenode enters into this Agreement.
FOREWORD AND WARNING
To be allowed to use any of the Werenode Services, you must at least be 18 years old and reside in a country in which the relevant Werenode Services are accessible. Please pay attention that not all Werenode Services are available in every country. The list of Werenode Services accessible by country can be found at https://www.werecoin.com/global.
DIGITAL CURRENCY SERVICES
some digital currency wallets enabling you to store, track, transfer some supported digital currencies like Bitcoin or Ethereum (the “Digital Currency Wallet” and “Digital Currency” respectively); and a Digital Currency exchange service enabling you to buy and sell Digital Currencies on the Site.
Werecoin is based in, and provides its services from Europe. Unlike Electronic Money Services, Digital Currency Services are not regulated. Therefore, Werecoin.com is not a regulated financial services provider.
A full list of fees for Werecoin Services can be found on the ‘Pricing and Fees Disclosures’ page of the Site.
You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to start using the Werecoin Services and to access specific Werecoin Services, including certain transfers of Digital Currency, and the limits that apply to your use of the Werecoin Services may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details. In providing us with this or any other information that may be required, you confirm that the information is accurate and correct and you agree to keep us updated if any of the information you provide changes. We will treat this information in accordance with Section 11 (Data Protection).
You authorise us to make enquiries, possibly through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Werecoin Services and/or before permitting you to engage in transactions beyond certain volume limits.
You can not load funds in currencies (EUR and/or CHF) into your account. Your account will show only loaded cryptocurrencies once we have received them on our Merchant accounts . These funds are not a deposit or investment account. These assets will not earn any interest.
Buy or sell Digital Currency
You may exchange supported Digital Currency by using assets credited to your account. To carry out a Digital Currency Transaction, you must follow the relevant instructions on the Site. A Digital Currency Transaction should normally be settled no later than one business day after we receive your instructions. Although we will attempt to deliver Digital Currency to you as promptly as possible, assets may be debited from your account before Digital Currency is delivered to your Digital Wallet.
Receipt of Instructions
If we receive instructions from you to purchase Digital Currency on a non-business day or after 4:00 pm (Central Europe Time) on a business day, we may treat those instructions as if they were received by us on the following business day.
When you give us instructions to carry out a Digital Currency Transaction, you cannot withdraw your consent to that Digital Currency Transaction.
If a payment to load assets into your account is not successful, you authorise Werenode, in its sole discretion, to cancel any related Digital Currency Transactions. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, or similar fees charged by your payment provider.
You will be able to see your transaction history using the Site, including the amount of each Digital Currency Purchase, the rate of exchange and the debit or credit date of each Digital Currency Purchase.
You may withdraw assets from your account at certain conditions by selecting the relevant option in the Site and following the instructions. If this Agreement is terminated, we will redeem any assets remaining in your account and transfer them to the wallet you have registered with us. Prior to doing this, we may conduct checks for the purposes of preventing fraud, money laundering, terrorist financing and other financial crimes. This may mean you are prevented or delayed from withdrawing your assets until those checks are completed to our reasonable satisfaction in order to comply with our regulatory requirements.
Unauthorised and Incorrect Transactions
Where a purchase of Digital Currency and / or redemption of assets is initiated from your account using your credentials, we will assume that you authorised such transaction, unless you notify us otherwise. If you believe that a transaction using your account has been carried out that you did not authorise (an “Unauthorised Transaction”), or if you have reason to believe that a transaction using your account has been incorrectly carried out or is not complete (an “Incorrect Transaction”), you must contact us as soon as possible, and in any case no later than 13 months after the Unauthorised Transaction or Incorrect Transaction occurred.
It is important that you regularly check your Account balance and your transaction history to ensure any Unauthorised Transactions or Incorrect Transactions are identified and notified to us at the earliest possible opportunity.
We are not responsible for any claim for Unauthorised Transactions or Incorrect Transactions unless you have notified us, in which case Section Refund Rights below sets out our respective responsibilities. As further described in Section Refund Rights below, we are not responsible for any claim for Unauthorised Transactions or Incorrect Transactions if you have acted fraudulently, intentionally or with gross negligence and this has resulted in the Unauthorised Transactions or Incorrect Transactions.
During any investigation of any actual or potential Unauthorised Transactions or Incorrect Transactions, we reserve the right to suspend your Werecoin Account to avoid further losses.
If an Unauthorised Transaction occurs as a result of our failure, we will refund you the amount of that transaction by no later than the end of the next business day after becoming aware of the Unauthorised Transaction and restore your account to the state it would have been in had the Unauthorised Transaction not taken place. Generally, you will not be liable for losses incurred after you have notified us of the Unauthorised Transaction or if we have failed at any time to provide you with the means for notifying us.
You will be liable for any loss you incur in respect of an Unauthorised Transaction which arises from the use of lost or stolen credentials (for example when you have failed to keep the login details for your Werecoin account secure), and if you are fraudulent, or you intentionally or negligently fail to carry out your obligations under this Agreement and this results in Unauthorised Transactions (for example, if you deliberately share your email and password with a third party, or are grossly negligent in keeping your email and password secure, in both cases, you will be liable for all resultant losses incurred as a result of any such Unauthorised Transactions.
Where an Incorrect Transaction is made as a result of our action or error we shall refund to you the amount of that transaction without undue delay and restore your Account to the state in which it would have been had the Incorrect Transaction not taken place. We will also endeavour to provide you with reasonable notice when possible. Irrespective of our liability, on your request, we shall try to trace any Incorrect Transaction initiated by you free of charge. However, we cannot guarantee that we will be able to trace such transactions.
DIGITAL CURRENCY SERVICES
Although we will attempt to deliver Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before the status of your Digital Currency transaction is shown as complete, and it is delivered to your Digital Currency Wallet. In such circumstances, you authorise us to debit your Digital Currency Wallet and to send instructions to credit your selected payment method(s) in settlement of sell transactions. We will send these instructions as soon as reasonably possible.
Transaction Fulfilment. We will make reasonable efforts to fulfil all purchases of Digital Currency, but in some circumstances, we may be unable to. If this is the case, we will notify you.
Availability of Payment Methods. The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third party payment processors.
Conversion Fees. Each purchase or sale of Digital Currency is subject to a fee (a “Conversion Fee”). The applicable Conversion Fee will be displayed to you on the Site prior to each transaction and is stated in each receipt we issue to you. We may adjust our Conversion Fees at any time. We will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of your transaction. A full list of Werecoin’s fees can be found on our Pricing and Fees Disclosures page.
Exchange Rates. Each purchase or sale of Digital Currency is also subject to the Exchange Rate for the given transaction. The “Exchange Rate” means the price of a given supported Digital Currency in fiat currency as quoted on the Site. The Exchange Rate is stated either as a “Buy Price” or as a “Sell Price”, which is the price at which you may buy or sell Digital Currency, respectively.
You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a transaction. You can learn more about Werecoin’s Exchange Rates on our ‘Pricing and Fees Disclosures’ page on the Site. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Digital Currency on the open market at any particular price or time.
Authorisations; Reversals; Cancellations. By clicking the ‘Buy’ or ‘Sell’ button on the Site, you are authorising Werecoin to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion Fees and Exchange Fees.
You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorise us, in our sole discretion, either to cancel the transaction or to debit your other payment methods, including balances on your Account and/or Digital Currency Wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider.
Digital Currency Transactions. We will process Digital Currency Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requestee or other third party and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete.
We charge network fees (“miner fees”) to process a Digital Currency Transaction on your behalf. We will calculate the miner fees at our discretion, although we will always notify you of the miner fees at (or before) the time you authorise the Digital Currency Transaction. A full list of Werecoin’s miner fees can be found on our ‘Pricing and Fees Disclosures’ page on the Site. Miner fees for each individual transaction will be disclosed to you at the time of purchase on the checkout page. When you or a third party sends Digital Currency to a Werecoin wallet from an external wallet not hosted on Werecoin, the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of miner’s fees in order for the transaction to be successful. Non-payment of miner fees may cause your transaction to remain in a pending state outside of Werecoin’s control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.
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 Digital Currency Transaction is not complete while it is in a pending state. Digital Currency associated with Digital Currency Transactions that are in a pending state will be designated accordingly and will not be included in your Digital Currency Wallet balance or be available to conduct Digital Currency Transactions until confirmed by the network.
We may also refuse to process or cancel any pending Digital Currency Transaction as required by law, regulation or any court or other authority to which Werecoin is subject in any jurisdiction.
Supported Digital Currencies. Our Digital Currency Services are available only in connection with those digital currencies that Werecoin supports, and this may change from time to time.
Under no circumstances should you attempt to use your Digital Currency Wallet to store, send, request, or receive digital currencies in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use your Digital Currency Wallet for digital currencies that we do not support.
Advanced Protocols. Unless specifically announced on the Site or via an official public statement of Werecoin, we do not support metacoins, coloured coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency we support (collectively, “Advanced Protocols”). You should not use your Werecoin Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. Our platform is not configured to detect and/or secure Advanced Protocol transactions.
You acknowledge and agree that we have no responsibility whatsoever in respect of an unsupported Advanced Protocol.
Digital Currency Storage & Transmission Delays. The Werecoin Group securely stores Digital Currency private keys, in a combination of online and offline storage, which are the means by which you can securely approve a Digital Currency Transaction. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Currency Transaction.
Third party Payments. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from, or sell to, any third party (including other users of the Digital Currency Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, any third party using Digital Currency transferred using the Digital Currency Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party.
If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Werecoin Support so that we may consider what action to take, if any.
Operation of Digital Currency Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. Generally, the underlying protocols are ‘open source’ and anyone can use, copy, modify, and distribute them.
We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security, or availability. You acknowledge and accept the risk that underlying software protocols relating to any Digital Currency you store in your Digital Currency Wallet may change.
In particular, the underlying protocols are likely to be subject to sudden changes in operating rules (“forks”), and such forks may materially affect the value, function, and/or the name of the Digital Currency you store in your Digital Currency Wallet. Where possible, we may provide you with notices or alerts on forks and you must read such notices or alerts received from us to consider how to deal with upcoming forks.
However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. We may, in our reasonable discretion, decline to support either or both branches of a fork. You acknowledge the risks presented by forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of a forked protocol.
TRANSACTIONS LIMITS AND ENHANCED DUE DILIGENCE
SUSPENSION, TERMINATION, AND CANCELLATION.
we reasonably believe that we need to do so in order to protect our reputation;
we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
we reasonably suspect you of acting in breach of this Agreement;
we reasonably suspect you have breached our ‘Behaviour Policy’ or our ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in Appendix 1);
we have concerns that a transaction is erroneous or about the security of your Werecoin Account or we suspect the Werecoin Services are being used in a fraudulent or unauthorised manner;
we suspect money laundering, terrorist financing, fraud, or any other financial crime;
use of your Werecoin 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 Werecoin Account activity; and / or
you take any action that may circumvent our controls such as opening multiple Werecoin Accounts or abusing promotions which we may offer from time to time.
We may also refuse to complete or block, cancel or reverse a transaction you have authorised where there is insufficient funds in your Account and / or insufficient Digital Currency in your Digital Currency Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction or if your credit or debit card or any other valid payment method linked to your Werecoin Account or Digital Currency Wallet is declined.
If we refuse to complete a transaction and / or suspend, restrict or close your Werecoin Account, and / or terminate your use of Werecoin Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and / or suspend your Werecoin Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.
We may suspend, restrict, or terminate your access to any or all of the Werecoin Services and/or deactivate or cancel your Werecoin Account, without reason by giving you two months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Werecoin Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
Consequences of Termination or Suspension. On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which Werecoin is subject in any jurisdiction, you are permitted to access your Werecoin Account for:
ninety (90) days thereafter for the purposes of transferring Digital Currency and/or your Digital Currency Wallet(s); and/or
You are not permitted to use the Werecoin Services or your Werecoin Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the Site for you accordingly.
If we suspend or close your account or terminate your use of Werecoin Services for any reason, we reserve the right to require you to re-complete the procedures outlined at Section 3.3 (Identity Verification) before permitting you to transfer or withdraw Digital Currency or Electronic Money. You may cancel your Werecoin Account at any time by withdrawing all balances and visiting: https://www.coinbase.com/settings/cancel. You will not be charged for cancelling your Werecoin Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation.
You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement (including without limitation your breach of our ‘Behaviour Policy’ or our ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in Appendix 1)) or your violation of any law, rule or regulation, or the rights of any third party.
Limitations of Liability.
Werecoin’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by Werecoin of this Agreement shall be limited to a maximum aggregate value of the combined value of the Digital Currency and funds on deposit in your Account and your Digital Currency Wallet at the time of the relevant claim. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.
Limitation of loss.
In addition to the liability cap at Section Limitations of Liability above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any type of loss or damage arising under or in connection with this Agreement or otherwise:
The limitation of liability in this Section 8 (Liability) is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Werecoin Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors’ negligence.
The Werecoin Services are provided on an “as is” and “as available” basis, with no further promises made by us around availability of the Werecoin Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the Werecoin Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
We make no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the Site. We will make reasonable efforts to ensure that requests for debits and credits involving bank accounts, credit and debit cards are processed in a timely manner but Werecoin makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and cheque issuances are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to you use and access of the Werecoin Services and Site.
No Liability for Breach.
We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
SITE AVAILABILITY AND ACCURACY
Access to Werecoin Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays. Although we strive to provide you with excellent service, we do not guarantee that the Site or other Werecoin Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open; and please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues. Werecoin shall not be liable for any losses resulting from or arising out of transaction delays.
Although we intend to provide accurate and timely information on the Site, the Site content including links to external sites may not always be accurate, complete or current and may also include technical mistakes or typographical errors.
CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION
If you have any questions or feedback, contact us via our Site (see the ‘Contact’ page) or write to us at:
Werenode SAS, 1 RUE FAULKNER 78180 MONTIGNY-LE-BRETONNEUX
Don’t forget give us your name, email address, and any other information we may need to identify you, your Werecoin Account, and the transaction on which you have questions or feedback.
In case of complaint, please explain the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via our Customer Support webpage. A customer complaints officer (an “Officer”) will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided, and any information provided by Werecoin.
Within 21 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an email (“Resolution Notice”) in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to your complaint within 15 business days for reasons beyond Werecoin’s control, the Officer will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint.
Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
If it has not been possible to resolve a dispute through the dispute process set out in Section Complaints, any dispute exceeding EUR 6,000 or equivalent shall be referred to and finally resolved by arbitration under the Arbitration Rules of the FrenchChambers’ arbitration institution, which are deemed to be incorporated by reference into this Section Arbitration.
The place and seat of the arbitration shall be Paris, France. The language to be used in the arbitration proceedings will be French. The decision of the arbitrators will be final, binding and enforceable against you and us, and a judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction. In no event will the arbitrators have the authority to make any award that provides for punitive or exemplary damages. The parties agree to keep confidential all matters relating to the arbitration, including related court proceedings, to the greatest extent practicable. For purposes of this arbitration provision, references to the parties also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorised users or beneficiaries of the Werecoin Services.
Nothing in this Section Arbitration shall prevent either party from seeking conservatory or similar interim relief in any court of competent jurisdiction.
your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
In order to access Werecoin Services you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access Werecoin Services safe and maintaining adequate security and control of all security details that you use to access the Werecoin Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected.
Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Werecoin Account by third-parties and the loss or theft of any Electronic Money, Digital Currency and/or funds held in your Werecoin Account and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.
You should never allow remote access or share your computer screen with someone else when you are logged on to your Werecoin Account. Werecoin will never under any circumstances ask you for your IDs, passwords, or 2-factor authentication codes or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your amount unless specifically authorised in accordance with Sections 3.2 and 4.10. Always log into your Werecoin Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Werecoin and/or failure to follow the requirements set out in this Section Security, or follow or act on any notices or alerts that we may send to you.
Authentication and Verification.
In order to access Werecoin Services users are required to provide an email address and create a password. Werecoin offers second factor authentication via a user’s mobile device (Short Message Service or a supported Time-based One Time Password application). A verified phone number is required to enable second factor authentication via SMS. Users are responsible for keeping electronic devices through which Werecoin Services is accessed safe and maintaining adequate security and control of any and all security details that are used to access the Werecoin Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user’s Werecoin Account by third-parties and the loss or theft of any Electronic Money, Digital Currency and/or funds held in your Werecoin Account and the misuse of any associated accounts, including linked bank account(s) and credit/debit card(s).
If you suspect that your Werecoin Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or Werecoin (together a “Security Breach”), you must:
notify Werecoin Support as soon as possible by email at the contact address given in the Site;
continue to provide accurate and up to date information throughout the duration of the Security Breach; and you must take any steps that we reasonably require to reduce, manage or report any Security Breach.
Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
Safety and Security of Your Computer and Devices.
Werecoin is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other 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 us.
You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws) in your use of the Werecoin Services.
We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Site, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by us from time to time. Any other use of the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of Werecoin. You agree not to 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.
“Werecoin.com”, “Werecoin” and all logos related to the Werecoin Services or displayed on the Site are trade marks or registered marks of Werenode SAS or its licensors. You may not copy, imitate or use them without our prior written consent.
Prohibited and Conditional Use.
In connection with your use of the Werecoin Services, and your interactions with other users and third parties, you agree to comply with the ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in Appendix 1). 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.
Export Controls & Sanctions.
Your use of the Werecoin Services and the Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Currency through the Site or Werecoin Services, you agree that you will comply with those requirements. You are not permitted to acquire Digital Currency or use any of the Werecoin Services through the Site if:
you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, the European Union or HM Treasury’s financial sanctions regimes (each a “Sanctioned Country”), or if you are a person on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or the EU or HM Treasury’s financial sanctions regime (a “Sanctioned Person”); or you intend to supply any acquired or stored Digital Currency or Werecoin Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
We will notify of you any change to the Agreement relating to Electronic Money Services by email at least two months in advance. In such circumstances, you will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the Werecoin Services. If you do not accept the change you should let us know, and the Agreement will terminate at the end of the two-month notice. You may also end the Agreement immediately and free of charge with effect at any time before the expiry of the two-month notice.
We may make all other amendments to the Agreement (including in relation to any other Werecoin Services) by posting the revised Agreement on the Site or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your Werecoin Account and cease using the Werecoin Services.
Copies of the most up-to-date version of the Agreement will be made available in the Site at all times and will be provided to you by email on your request.
Relationship of the Parties.
Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or Werecoin to be treated as partners or joint ventures, or either you or Werecoin to be treated as the agent of the other.
Privacy of Others.
If you receive information about another user through the Werecoin Services, you must keep the information confidential and only use it in connection with the Werecoin Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out 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 communications to another user through the Werecoin Services.
You are responsible for keeping your email address and telephone number up to date in your Werecoin Account profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breaches). You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Werecoin Account and your use of Werecoin Services. Communications include:
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 Werecoin Account.
We will provide these Communications to you by posting them on the Werecoin website, emailing them to you at the primary email address listed in your Werecoin profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification. You may withdraw your consent to receive Communications electronically by contacting us at the email address available in the contact page of the site. If you fail to provide or if you withdraw your consent to receive Communications electronically, Werecoin reserves the right to immediately close your Werecoin Account or charge you additional fees for paper copies. It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if Werecoin 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, Werecoin 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 on the relevant page of our website.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Werecoin Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. Your transaction history is available through your Werecoin Account.
If we hold funds or Digital Currency, and we are unable to contact you and have no record of your use of the Werecoin Services for several years, applicable law may require us to report the funds or Digital Currency as unclaimed property to the authorities in certain jurisdictions. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such funds or Digital Currency to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and Werecoin as to the subject matter hereof, and it 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 Werecoin. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving Werecoin, provided that this transfer or assignment does not materially impact the quality of the Werecoin Services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any part of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by Applicable Law.
Enforcement of Our Rights.
We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.
This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
Change of Control.
In the event that Werecoin 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 and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, Werecoin Account cancellation, debts owed to Werecoin, general use of the Site, disputes with Werecoin, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.
Governing Law and Jurisdiction.
This Agreement will be governed by French law and the exclusive jurisdiction of the french courts. However, if you are an individual not engaged in conduct related to your trade, business or profession, and you are resident outside Europe, you may also petition the courts of the jurisdiction in which you reside (“Home Jurisdiction”) and the law governing this Agreement may include any such consumer laws of your Home Jurisdiction that provide greater consumer protection than is available under French law.
- Prohibited Use. You may not use your Werecoin 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 Werecoin Services involves a Prohibited Use or have questions about how these requirements apply to you, please submit a support request at the contact address of the Site. By opening a Werecoin Account, you confirm that you will not use your Werecoin Account and/or any Werecoin Services to do any of the following:
Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation or sanctions programs administered in the countries where Werecoin conducts business, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.
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 Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorised access to the Site, other Werecoin Accounts, computer systems or networks connected to the Site, through password mining or any other means; use Werecoin Account information of another party to access or use the Site, except in the case of specific merchants and / or applications which are specifically authorised by a user to access such user’s Werecoin 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 Werecoin.
Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any Werecoin 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 hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent.
Fraud: Activity which operates to defraud Werecoin, Werecoin users, or any other person; provide any false, inaccurate, or misleading information to Werecoin.
Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
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 authorisation from the rights holder; use of Werecoin intellectual property, name, or logo, including use of Werecoin trade or service marks, without express consent from Werecoin or in a manner that otherwise harms Werecoin or the Werecoin brand; any action that implies an untrue endorsement by or affiliation with Werecoin.
- Prohibited Businesses. In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from Werecoin Services (“Prohibited Businesses”). Most Prohibited Businesses categories are imposed by card network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Werecoin Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at: https://support.coinbase.com. By opening a Werecoin Account, you confirm that you will not use Werecoin Services in connection with any of following businesses, activities, practices, or items:
Investment and Credit Services: securities brokers; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; investment schemes;
Restricted Financial Services: check cashing, bail bonds; collections agencies;
Intellectual Property or Proprietary Rights Infringement: sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder;
Counterfeit or Unauthorised Goods: unauthorised sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen;
Regulated Products and Services: marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials;
Drugs and Drug Paraphernalia: sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporisers, and hookahs;
Pseudo-Pharmaceuticals: pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body;
Substances designed to mimic illegal drugs: sale of a legal substance that provides the same effect as an illegal drug;
Adult Content and Services: pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features;
Multi-level Marketing: pyramid schemes, network marketing, and referral marketing programs;
Unfair, predatory or deceptive practices: investment opportunities or other services that promise high rewards; sale or resale of a service without added benefit to the buyer; resale of government offerings without authorisation or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers; and
High-risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.
- Conditional Use. Express written consent and approval from Werecoin must be obtained prior to using Werecoin Services for the following categories of business and/or use (“Conditional Uses”). Consent may be requested by contacting us.
Werecoin may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use Werecoin Services in connection with any of following businesses, activities, or practices:
Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the Werecoin Services;
Charities: Acceptance of donations for non-profit enterprise;
Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize; and
Religious/Spiritual Organisations: Operation of a for-profit religious or spiritual organisation.