Policy&Agreement
CCPayment Privacy Policy
1.Why should I read this Privacy Policy?
This Privacy Policy ('policy') describes how CCPayment (CCPayment is owned and operated by UAB "Decentralized") (hereinafter referred to as the "Company", "we", "us", "our") collects, uses, discloses, and stores your personal information and what statutory rights do you have. We protect your personal information under the applicable data protection laws. We may amend this policy unilaterally from time to time. Any such amendments will be effective immediately upon publication, therefore please visit our website regularly for the latest version of this policy.
2.Who is responsible for protecting my information?
3. Why and how do you use my information?
3.1 To provide you with virtual currency purchasing, payment processing collection and related services
When is this relevant for me?
When you are our client, manager, or representative of a legal entity or shopper.
What information do you collect about me?
E-mail address, password, country, IP address, name and surname, gender, place of birth, address, telephone number, cryptocurrency address, bank account number, account number of money withdrawal platform, PayPal address, transaction amount, transaction currency, transaction time, address of the sender of the transaction, address of the payee of the transaction, power of attorney, data provided in the business registration certificate, data provided in the document of business address proof, requests for overpayments, Google ID information, other information provided by you.
Where do you collect the information from?
From yourself
Am I obliged to provide this information?
It is a contractual requirement. If you do not provide this information, we will not be able to provide our services
How long do you store information about me?
10 years after termination of your account
3.2 To provide you with virtual currency swap services
When is this relevant for me?
When you use our virtual currency swap services without undergoing a verification (identification) process
What information do you collect about me?
Email address, country, IP address, types of swapped virtual currencies, cryptocurrency address, transaction amount, device fingerprint, telephone number
Where do you collect the information from?
From yourself
Am I obliged to provide this information?
It is a contractual requirement. If you do not provide this information, we will not be able to provide our services
How long do you store information about me?
10 years after termination of your account
3.3 To verify you when necessary
When is this relevant for me?
When you use our virtual currency purchasing, payment processing collection services, or when you use our virtual currency swap services and make a transaction larger than 1 000 EUR or a transaction that raises suspicion
What information do you collect about me?
Email, telephone number and Google authenticator.
Where do you collect the information from?
From yourself
Am I obliged to provide this information?
It is a contractual requirement. If you do not provide this information, we will not be able to provide our services
How long do you store information about me?
10 years after termination of your account
3.4 To implement measures of anti-money laundering (AML) and counter-terrorist financing (CTF)
When is this relevant for me?
When establishing a business relationship with us (when you are a customer (natural person), company’s manager or a representative)
What information do you collect about me?
Email, telephone number and Google authenticator.
Where do you collect the information from?
From yourself, AML/CTF service providers
Am I obliged to provide this information?
It is a contractual requirement. If you do not provide this information, we will not be able to provide our services
How long do you store information about me?
For the duration of and 8 years after the termination of the business relationship
3.5 To ensure security of and improve our website
When is this relevant for me?
When you use our website
What information do you collect about me?
Internet protocol address (IP), user agent, referrer url, date and time of website visiting.
Where do you collect the information from?
From yourself
Am I obliged to provide this information?
No
How long do you store information about me?
10 years after the use of our currency swap services
3.6 To provide you with customer support
When is this relevant for me?
When you submit an inquiry to our customer support
What information do you collect about me?
E-mail address, subject of your inquiry, date of your inquiry, content of your inquiry, attachments to your inquiry, your name and (or) surname provided in your inquiry, reply to your inquiry, information provided by you
Where do you collect the information from?
From yourself
Am I obliged to provide this information?
No
How long do you store information about me?
10 years after the use of our currency swap services
3.7 To inform you about our services that may be relevant to you
When we want to inform you or ask your opinion about our services
What information do you collect about me?
Merchant name and e-mail
Where do you collect the information from?
From yourself, social media service providers and marketing service providers
Am I obliged to provide this information?
No
How long do you store information about me?
10 years after the last use of our services or after you give your consent unless you withdraw your consent earlier
3.8 To carry out the selection of potential employees
When is this relevant for me?
When we receive your application for a job position, when you give us your consent for storing your CV, or we contact you based on the information you publicly disclose on professional social media platforms
What information do you collect about me?
Full name, e-mail, phone number, CV, work experience, other information you provide us with
Where do you collect the information from?
From yourself, social media service providers and marketing service providers
Am I obliged to provide this information?
It is a requirement necessary to enter into a contract only where we intend to enter into an employment contract with you. If you do not provide this information, we will not be able to enter into an employment contract with you.
How long do you store information about me?
3 years after the end of the relevant recruitment process. 5 years after you give us your consent or publicly disclose your information on professional social media platforms
3.9 To defend our rights and interests
When is this relevant for me?
In case we become a party to legal process which you are subject to or we are statutorily required to collect information about you
What information do you collect about me?
Information you provided us and others that we are statutorily required to collect and/or provide. If the case arises - information about criminal offenses and convictions
Where do you collect the information from?
law enforcement authorities, parties that are subject to legal process, courts
Am I obliged to provide this information?
Yes, where we are statutorily obliged to collect personal information
How long do you store information about me?
10 years following the end of the contractual relationship with us or, whichever is longer, for the duration of the legal process and 3 years after a final authority decision came into full force
4.How do you collect my data?
We do not share your data with the third-party platforms or other users but we may disclose your Personal Information for the following reasons:
- Legal obligation - In response to a request for information if we believe such disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation.
- Violation of Terms of Services - If we believe your actions are in violation of Our Terms, or to protect the rights, property and safety of Us or others.
Collection of data
You may give us information about You by submitting information on our site or by corresponding with Us by email or otherwise. This includes information You provide when You register to use our site, participate in discussion boards or other social media functions on our site, and when You report a problem with our site. The information You give us may include your name, email address, phone number, personal description or photograph. Any processing of your personal data is based on a legal basis which is indicated below.
We collect and use the following data from you:
- Information you provide to us.
- Collection of information takes place whenever you:
- Fill out forms and/or enquiries;
- Contact us through our communication channels;
- Register/open an account.
The following will be collected:
- Contact details (e.g. email address, phone number)
- Username;
- Responses to the enquiries;
- Information and documents about your funds, sources of income and other financial information;
- Your identification documents and all documents you have provided to us;
- Your image in a photo or video selfie as part of your registration process;
- Information about other people related to you or to any of the corresponding funds.
- Information resulting from your use of our products and services. The following is collected:
- Technical and device information;
- Information about your visit to our website or our products/services (e.g. response time, errors, page interaction);
- Details on your transactions;
- Location.
- Information from other sources.
5.What statutory rights do I have regarding my data?
When You use the Services, We receive and store certain information which may include Your Personal Information, regarding Your use of the Services. Examples include IP addresses, browser types, domain names, and other statistical data regarding Your use of the Services. We may use this data in a way that does not disclose any of Your personally identifiable information, including, but not limited to, for purposes of developing new product and service offerings.
Subject to conditions, limitations, and exceptions established by statutory data protection provisions, you have the rights listed below:
Right of access: When you seek to obtain confirmation as to whether we collect or otherwise process personal data concerning you, and, where that is the case, access to the personal data and the information about the data processing.
Right to rectification: When you seek to obtain from us the rectification of inaccurate personal data concerning you.
Right to restriction of processing:
- Where the accuracy of the personal data is contested by you;
- Where the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
- Where we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims;
- Where you have objected to processing.
Right to data portability: Where you seek to receive the data you have provided in a structured, commonly used and machine-readable form or to transmit those data to another controller, the processing is based on consent or on a contract and is carried out by automated means.
Right to object: Where the collection and use is based on a task carried out in the public interest or in the exercise of official authority vested or legitimate interest, including profiling, as explained in Section 3 of this Privacy Policy, or where you object to the collection of your personal data for direct marketing purposes.
Right to withdraw consent: Where the processing is based on consent, as explained in Section 3 of this Privacy Policy, and you seek to withdraw it at any time.
Right to lodge a complaint: Where you want to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or of an alleged infringement of the GDPR.
6.Do you engage in automated individual decision-making, including profiling?
We perform profiling only for AML regulations’ compliance purposes and to protect our platform from money laundering and terrorist financing. Without AML profiling we will not be able to provide you with our services. We create an AML risk profile questionnaire and then we continue to monitor the unexpected changes in your transactional behavior within our platform. AML profiling does not affect your use of our platform if there is no suspicious activity in your account.
7.Does your website place cookies on my device?
Yes, our website places cookies on your device: we use cookies and similar tracking technologies to track the activity on our Service and to customize our Services and content; measure promotional effectiveness and promote safety. They enable the website and other services to remember your actions and preferences over a period of time, so you won’t have to re-enter them every time you access any of the services. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. Enabling these cookies is strictly necessary for the Website and other services to work, as it will provide you with a better browsing experience. You can delete or control these cookies; however, this will impair some of the features of our services.
You can configure your browser to decline some or all cookies or to ask for your permission before accepting them. Please note that by deleting cookies or disabling future cookies you may be unable to access certain areas or features of our website. You can control the use of functionality cookies, targeting cookies or advertising cookies by adjusting your browser settings.
8.How can I contact your data protection officers for any feedback?
If you have any questions, comments, or complaints regarding how we collect, use, and store your personal information, our data protection officers are ready to help you. If you need their help, you may contact our support at any time. We will record any Personal Information and other content that You provide in Your communication so that We can effectively respond to Your communication. We reserve the right to use this information in any manner permitted by law, to respond to Your communication.
User Agreement
You are transferring bitcoins and (or) altcoins solely to and for the benefit of the specific merchant that referred you to the CCPayment platform. Please note that you do so at your own risk. Therefore, you should exercise due diligence regarding identity and trust of the merchant, any products, goods and services you purchase from the merchant before effecting any transfer of bitcoins and (or) altcoins.
In relation to the transfer of bitcoins and (or) altcoins, any legal relations are between you and the merchant. For the identity of the merchant, terms and conditions of purchase, data protection, warranties, refunds, legal remedies and other terms and conditions, any queries, letter, requests and (or) complaints regarding the purchase please refer to the merchant and its website.
CCPayment platform collects, uses, stores and otherwise processes information only about your technical data and e-mail address. CCPayment does not engage into any other activities on behalf of the merchant, is not the merchant’s representative, agent or employee. CCPayment does not control, monitor, assess, authorise (and) or supervise activities of the merchant and (or) particular purchases.
CCPayment disclaims all liability which might otherwise be implied, whether arising in contract, tort (including negligence) or otherwise, including, but not limited to, any statutory or other warranties, such as implied warranties of merchantability and fitness for a particular purpose, or of non-infringement, or other warranties relating to quality, merchantability, ability of products to achieve a particular result, etc.
In no event will CCPayment or CCPayment affiliate, or any of the shareholders, owners, officers, directors, employees, or other representatives of CCPayment, or such company, be liable to you and (or) any party for any direct, indirect, special, incidental or other consequential damages related to a particular merchant, a purchase, product, good and (or) service, your access or use of the CCPayment platform or any of the information, materials, products or services available through the CCPayment platform, for any use of, or inability to use, the CCPayment platform or any information and/or materials available through the CCPayment platform, or any other linked web site or service, including without limitation, any lost profits, loss of anticipated savings, business interruption, loss of programs or other data or otherwise, even if expressly advised of the possibility of such damages.
CCPayment reserves the right to suspend, postpone, and freeze all transactions that are deemed contrary to public order or norms of good morals, and these transactions can be null or void. Unilateral restitution is prohibited, in the event contrary to the mandatory statutory provisions or good morals, i.e. where the purpose of the transaction is contradicting public order or norms of good morals, and the provisions of public law establish property sanctions in regard to the of such transaction. The term "good morals" is evaluated from the criteria of reason to ensure the balance of interests of all members of society and protect the interests of economically and physically weaker and prevent abuse or intent of doing damage to third persons. CCPayment is not liable to the customer for non-fulfillment of that kind of contractual obligation and for the damage caused in the course of performing the duties and actions specified above. As well will not take any legal responsibility for any losses in relation to suspension, freeze, or disablement of these transactions.
In addition, by using our services, you may be asked to provide additional information and/or documents that enable us to verify your identity. From time to time, CCPayment will perform additional reviews of transactions, that are required due to banking partners’ additional due diligence. We will provide prompt notice to you if additional action from your side is needed. In order to use our service, you agree to cooperate with our information requests for such additional information when additional documentation is required. If you fail to provide the required information, you acknowledge that we will be unable to complete your transaction. CCPayment will not be liable to take any responsibility for such a transaction failing.
In the event, that a third-party provider who processes the transaction has already started the virtual currency exchange process, and the invoice is underpaid as an aftermath of insufficient funds, which resulted from the Purchaser sending less than the required amount, CCPayment reserves the right to issue a refund of the equivalent value in the virtual currency that was requested in the initial order of the Purchaser.
You agree to indemnify, release and hold harmless CCPayment, its affiliates and any company under common ownership or control with CCPaymentor its affiliates, as well as the officers, directors, agents, representatives and employees of the foregoing, from any claim, liability, loss, expense or demand, including legal fees, related to a particular merchant, a purchase, product, good and (or) service, your access or use of the CCPayment platform or any of the information, materials, products or services available through the CCPayment platform. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above may not apply to you.
Service Agreement
1. Introduction
Please read this document carefully, as it sets out the terms and conditions on which CCPayment will provide services to you through our websites, APIs, or mobile applications.
1.1 In this document, references to we/our/us are to CCPayment. Any references to Customer/you/your are references to you as a customer of CCPayment and user of our services. Any references to the "Service" includes websites, APIs, or mobile applications.
1.2 By signing up to use an account through
ccpayment.com or any of our associated websites, APIs or mobile applications (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement.
1.3 This Agreement will govern the use of the Services provided by CCPayment. By using the Services you agree to be bound by the terms and conditions set out on this Site (the "Agreement"). This Agreement will come into effect when you confirm electronically that you agree to it. We recommend that you retain a copy of this Agreement and transaction records.
1.4 Use of cryptocurrency may be illegal in some jurisdictions. It is your responsibility to know the regulatory requirements concerning transactions with cryptocurrency in your jurisdiction before using the Services.
1.5 All users/cardholders have to agree to our terms and conditions when using our services. Therein the Terms and Conditions, the merchant (CCPayment) is displayed.
DISCLAIMER: The risk of loss in trading or holding Bitcoin or any other cryptocurrency can be substantial. You should therefore carefully consider whether trading or holding Bitcoin or any other cryptocurrency is suitable for you in light of your financial condition. In considering whether to trade or hold bitcoin, you should be aware that the price or value of Bitcoin or any other cryptocurrency can change rapidly, decrease, and potentially even fall to zero.
2. Eligibility
To be eligible to use any of the CCPayment Services, you must be at least 18 years old, have capacity to enter into legally binding contracts and reside in a country in which the relevant CCPayment Services are accessible.
3. Services provided to you
3.1 CCPayment will act as your commercial agent and by agreeing with these Terms of Use you are explicitly giving CCPayment permission to act on your behalf and fulfil your order for Cryptocurrency as instructed.
3.1.1 As your Commercial Agent, CCPayment will purchase Cryptocurrency on your behalf and send / deliver it to the wallet address indicated at the time of the order subject to the conditions of these Terms of Use.
3.1.2 At no point during the purchase, will CCPayment be in possession or in control of client funds.
3.2 Purchases / orders through CCPayment are one-offs and executed individually, one by one.
3.3 Together, the services set out in clause 3 are referred to in this Agreement as the "Services".
CCPayment DOES NOT facilitate or provide trading or investment or brokerage accounts or facilities, nor does CCPayment provide investment or any other financial advice.
4. Customer registration process
4.1 To use the CCPayment Services, you will need to register for an account by providing your name, email address and accepting the terms of this Agreement. By using CCPayment Services, you agree and represent that you will use the CCPayment Services only for yourself, and not on behalf of any third party. You are fully responsible for all activity that occurs under your CCPayment account. We may, in our sole discretion, refuse to open a CCPayment account for you, or limit the number of accounts that you may hold or suspend or terminate any account.
4.2 To become a Customer you must also provide CCPayment with the information that is requested as part of the account opening process to verify your identity and the detection of anti-money laundering terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information.
4.3 You will need to complete certain verification procedures before you are permitted to start using the CCPayment Services.
4.4 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 the Data Protection provisions of this Agreement.
4.5 You authorise us to make enquiries, whether directly or 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 CCPayment Services and/or before permitting you to engage in transactions beyond certain volume limits.
4.6 Failure to provide any information that CCPayment reasonably requests from you pursuant to applicable money laundering laws and regulations after you have become a Customer shall be grounds for the suspension of the provision of Services to you (including access to your account) and/or the termination of this Agreement. The nature and extent of the information you are required to provide may differ, for example, based on the Services provided to you under this Agreement and/or the means of payment you use.
5. Transactions limits and enhanced due diligence
5.1 The use of all CCPayment Services is subject to a limit on the volume, stated in GBP, EUR or other fiat currency you may transact or transfer in a given period (e.g. daily). To view your limits, login to your CCPayment account Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at
support@ccpayment.com.
5.2 We may require you to submit additional information about yourself and provide additional records, if you wish to raise your limits ("Enhanced Due Diligence"). In our discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
6. Cryptocurrency purchase
6.1 You will be able to purchase Cryptocurrencies from us and through our partner’s mobile applications and websites subject to the applicable fees displayed during the purchase flow. The price, exchange rate and amount of the Cryptocurrency that you wish to purchase will be confirmed at the time of successful payment of your order for a Cryptocurrency Purchase.
6.2 Acceptance by us of an order for a Cryptocurrency Purchase does not guarantee that you will receive the corresponding amount of Cryptocurrency. The Cryptocurrency Purchase is conditional upon actual receipt by us of the funds from your credit or debit card, as well as payment of any applicable fees.
6.3 Subject to clause 6.2 and the transaction being honoured by the Customer’s bank, card provider or other relevant party, Cryptocurrency Purchases shall be credited to any Cryptocurrency wallet, as provided by you at the time of the order, as soon as possible once the Cryptocurrency Purchase has been confirmed by the Cryptocurrency network. Once submitted to a Cryptocurrency network, a Cryptocurrency Purchase will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Cryptocurrency network. Cryptocurrency transactions that are in a pending state will not be credited to the wallet.
6.4 Payment Services Partners. CCPayment may use a third-party payment processor to process any fiat payment between you and CCPayment.
7. Cancellations and refunds
7.1 Once an order / purchase to buy Cryptocurrency has been made it cannot be cancelled or recalled.
7.2 All orders / purchases are final and cannot be refunded once the Cryptocurrency has been sent to the Cryptocurrency wallet indicated at the time of purchase.
7.3 Once an order / purchase has been sent to the Cryptocurrency wallet indicated at the time of purchase it cannot be recalled or retrieved under any circumstances.
7.4 Once a user’s deposit is not used for an exchange, as a cardholder he is eligible for a refund for 14 days after purchasing a service or a product.
8. Suspension, termination and cancellation
8.1 CCPayment may: (a) refuse to complete, or block or cancel your order,(b) suspend, restrict, or terminate your access to any or all of the CCPayment Services, and/or (c) deactivate or cancel your CCPayment Account with immediate effect for any reason, including but not limited to where:
8.1.1 we reasonably believe that we need to do so in order to protect our reputation;
8.1.2 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;
8.1.3 we reasonably suspect you of acting in breach of this Agreement;
8.1.4 we have concerns that a transaction is erroneous or about the security of your CCPayment Account or we suspect the CCPayment Services are being used in a fraudulent or unauthorised manner;
8.1.5 we suspect money laundering, terrorist financing, fraud, or any other financial crime;
8.1.6 use of your CCPayment 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 CCPayment Account activity; and / or
8.1.7 you take any action that may circumvent our controls such as opening multiple CCPayment Accounts or abusing promotions which we may offer from time to time.
8.1.8 you fail to provide on request such documentation as CCPayment (or any third party whose services we use in providing the Services to you under this Agreement) reasonably requires in order to comply with its obligations under applicable money laundering laws and regulations or otherwise to ensure the verification of your identity and/or funding sources to CCPayment satisfaction.
8.1.9 any Cryptocurrency Purchase that is significantly larger in size compared to previous orders;
8.1.10 CCPayment reasonably believes that it is necessary or desirable to do so in order to protect the security of the Account, including circumstances where any Account Details may have been lost or stolen.
8.2 In the case of any such suspension, CCPayment shall make reasonable efforts to inform you about the withholding or suspension, provided that such disclosure:
8.2.1 is not in breach of any applicable law or regulation and does not contravene the instruction of any competent authority or regulator;
8.2.2 would not compromise CCPayment’s reasonable security measures.
8.3 CCPayment shall not be liable to you for any losses you may suffer as a result of any reasonable action it takes to suspend the Account or withhold settlement of a Cryptocurrency Purchase in accordance with this clause 8.
8.4 Where the reasons for CCPayment’s actions under this clause 8 cease to exist, CCPayment may, at its discretion, either reinstate access to the Account and the Services and/or issue the Customer with new Account Details and reserves the right to ask you to re-complete the account opening procedures as outlined in these Terms and to resolve any open issues with your account before a restriction can be removed.
We may suspend, restrict, or terminate your access to any or all of the CCPayment Services and/or deactivate or cancel your CCPayment Account, without reason by giving you one months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your CCPayment 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.
9. Fees
9.1 All fees payable under this Agreement are displayed during the purchase flow and shall be paid in Euro or any other currency that is agreed between CCPayment and the Customer.
9.2 CCPayment reserves the right to pursue any financial losses suffered due to you filing a chargeback procedure with your bank. These can include administration fees levied by the card acquirer and card schemes as well as the monetary value of the cryptocurrencies ordered / purchased.
10. Data Protection Law
10.1 You acknowledge that we may process personal data in relation to you, in connection with this Agreement, or the CCPayment Services. We will process and sometimes update this personal data in accordance with the Privacy Policy. Accordingly, you represent and warrant that;
10.1.1 your disclosure to us of any personal data 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;
10.1.2 from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided to us.
11. Liability
11.1 This clause 11 sets out CCPayment’s entire financial liability (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Customer:
11.1.1 arising under or in connection with this Agreement;
11.1.2 in respect of any use made by the Customer of the Services or any part of them; and
11.1.3 in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
11.2 Except as expressly and specifically provided in this Agreement, CCPayment disclaims all warranties and conditions express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Services, their use and the results of such use.
11.3 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this Agreement to the fullest extent permitted by applicable law.
11.4 Whilst CCPayment takes every care to ensure that the standard of the Website remains high and to maintain the continuity of it, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate the CCPayment API.
11.5 CCPayment disclaims all liability associated with the use of Cryptocurrency, including:
11.5.1 unknown inherent technical defects;
11.5.2 regulatory or legislative changes;
11.5.3 currency fluctuation.
11.6 Nothing in this Agreement excludes the liability of CCPayment:
11.6.1 for death or personal injury caused by CCPayment negligence;
11.6.2 for fraud, fraudulent misrepresentation or fraudulent misstatement; or
11.6.3 any statutory liability not capable of limitation.
11.7 Subject to clause 11.6, CCPayment will not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent), restitution or otherwise for any loss of profits, loss of business, loss or corruption of data, depletion of goodwill and/or similar losses, or pure economic loss, or for any special, punitive, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement or for any loss, damage or corruption of any Cryptocurrency as a result of the instructions, acts or omissions of the Customer. This shall include any losses attributable to a failure by the Customer to keep secure any security or other information relating to the Wallet and access to it.
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 CCPayment Services and Site.
12. Warranties and representations
12.1 By agreeing to this Agreement, you represent, warrant and undertake to us that:
12.1.1 you have full power and authority to enter into this Agreement;
12.1.2 you understand and acknowledge that we do not warrant that any of the Services available through our API are suitable or appropriate for your needs and that you must take your own independent legal and other advice on such Services;
12.1.3 you are entering into this Agreement as principal and not on behalf of any third party;
12.1.4 you will not violate any applicable laws by entering into this Agreement or receiving the Services provided under it;
12.1.5 you will not provide false, misleading or inaccurate information;
12.1.6 you will not facilitate any viruses, malware, worms, trojan horses or some other computer programming routines that may damage, corrupt, disrupt, misuse or gain unauthorized access to any data, system information or CCPayment services;
12.1.7 funds or Cryptocurrencies transferred to the Wallet or any Sub-Wallet have been acquired lawfully;
12.1.8 you will not use an anonymizing proxy; use any, other automatic devices, spider or manual process to copy or monitor our websites without our prior written permission;
12.1.9 you will not harass and/or threaten our employees, agents, or other users;
12.1.10 you understand and acknowledge that while we make reasonable endeavours to ensure the accuracy of the information that we provide, and which in turn, is provided to you, neither we nor any of our directors, employees or agents make any representation or warranty, express or implied, as to the accuracy or completeness of such information;
12.1.11 any information provided by you to CCPayment under this Agreement is true, complete, accurate, up to date and not misleading; and
12.1.12 you shall provide all assistance reasonably requested by CCPayment to enable CCPayment to comply with its obligations under this Agreement.
12.2 CCPayment warrants, represents and undertakes that it shall provide the Services with reasonable care and skill.
12.3 No Warranties. The CCPayment Services are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the CCPayment 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 CCPayment Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
12.4 CCPayment makes no representation or warranty that the Services are applicable or appropriate for use by customers in all jurisdictions and it is your responsibility to ensure compliance with the laws of any relevant jurisdiction of your residence.
13. Stored card details
13.1 We are legally obligated to secure your consent to allow us to store your card details for future use and cannot process your payment before you agree to such storing. By accepting these Terms of Use, you hereby give us permission to do so.
13.2 Your card will remain stored against your account for transactional purposes, unless you decide to remove it, or until the card expires.
13.3 We need to do this so that you will be able to deposit and withdraw more easily in future and it also helps us to prevent and detect any fraudulent activity.
13.4 Stored details are primarily used so that you don’t have to re-enter all your details for every transaction you make. In your account you will see the last 4 digits of the card number, and this forms the reference for you to reference the correct card you wish to use.
13.5 We also compare stored details in our fraud screening systems, to prevent your details being used on any other accounts and safeguard your data.
13.6 As per our policy, if you don’t agree to us storing your payment card details, we won’t be able to process your deposit from the card used.
13.7 Changes in the permitted use will require your agreement, we will notify you if this occurs.
14. Right of withdrawal
14.1 You have 14 (fourteen) calendar days to exercise your right of withdrawal from this Agreement, without having to justify any reason or pay any penalty. This withdrawal period begins on the day after the date that your application is accepted by us.
14.2 We will not normally provide the Services during the withdrawal period. Any Services, orders or purchases which are fully performed before a withdrawal cannot be reversed.
14.3 You must notify your withdrawal request to us within the allotted period by email to
support@ccpayment.com.
14.4 If you exercise your right of withdrawal, this Agreement will be terminated at no cost to you.
15. Term
15.1 This Agreement will commence in the manner set out in clause 1 and will continue unless either party notifies the other of termination, in writing, in accordance with this Agreement.
15.2 This Agreement can be terminated immediately by the Customer providing written notice to CCPayment.
15.3 This Agreement can be terminated by CCPayment in accordance with all the provisions of this agreement.
16. Force Majeure
16.1 No party will be in breach of this Agreement nor liable for any failure to perform its obligations under this Agreement if that failure results from circumstances beyond its reasonable control.
17. Notices
17.1 We may (where allowed to do so by law) communicate with you by posting information in your Account or on the Website, in which case the information will be treated as received by you when it is posted by us.
17.2 We may also contact you at the postal or email address you provide us with when applying to open your Account. Notices sent by email will be deemed to have been received at the time of transmission as shown by the sender’s records (or if sent outside business hours, at 9 am on the first Business Day following dispatch). Notice sent by post will be deemed to have been received on the second business day after posting.
19. General
19.1 Your Compliance with Applicable Law. 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 CCPayment Services.
19.2 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 CCPayment and its licensors. 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.
19.3 "CCPayment" all logos related to the CCPayment Services or displayed on the Site are trademarks or registered marks of CCPayment or its licensors. You may not copy, imitate or use them without our prior written consent or any third party’s copyright, trade secret, patent or other intellectual property rights, or rights of publicity or privacy.
19.4 Your use of the CCPayment Services and the Site is subject to international export controls and economic sanctions requirements. By sending, buying, selling, Cryptocurrencies through the Site or CCPayment Services, you agree that you will comply with those requirements. You are not permitted to acquire Cryptocurrency or use any of the CCPayment Services through the Site if:
19.4.1 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
19.4.2 you intend to supply any acquired or stored Digital Currency or CCPayment Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
19.5 We will notify of you any change to the Agreement on your first use of the CCPayment Services after any amendment. You will be deemed to have accepted the change if you continue to use the CCPayment Services. If you do not accept the change you should let us know, and the Agreement will terminate. You may also end the Agreement immediately and free of charge with effect at any time.
19.6 We may make all other amendments to the Agreement 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 CCPayment Account and cease using the CCPayment Services.
19.7 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.
19.8 Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or CCPayment to be treated as partners or joint ventures, or either you or CCPayment to be treated as the agent of the other.
19.9 If you receive information about another user through the CCPayment Services, you must keep the information confidential and only use it in connection with the CCPayment 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 CCPayment.
19.10 Contact Information. You are responsible for keeping your email address and telephone number up to date in your CCPayment 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).
19.11 Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and CCPayment 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 CCPayment.
19.12 Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
19.13 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 CCPayment, provided that this transfer or assignment does not materially impact the quality of the CCPayment Services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
19.14 Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.
19.15 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.
19.16 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.
19.17 Change of Control. In the event that CCPayment 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.
19.18 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, CCPayment Account cancellation, debts owed to CCPayment, general use of the Site, disputes with CCPayment, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.
19.19 This Agreement will be governed by, and construed in accordance with, the laws of Lithuania and, subject to any overriding legal requirements, the parties irrevocably submit to the exclusive jurisdiction of the Lithuania Courts. This Agreement and any information or notifications that you or we are to provide should be in English.
19.20 If you have any feedback, questions, or complaints, you may contact us via our customer support webpage or at
support@ccpayment.com.
20. KYB Review
I agree that if I do not complete the KYB review, I will cooperate with any investigations related to fund risks and understand that my assets may be frozen during this process.
AML/CTF Policy
These days money laundering (ML) and terrorist financing (TF) are one of the biggest challenges faced by the crypto community. CCPayment considers ML/TF as a serious threat to its activities, and therefore introduces and implements its Anti-Money Laundering (AML) and Counter Terrorist Financing (CTF) Policy in accordance with the relevant legal acts, recommendations, guidelines and best practices in the field. CCPayment is committed to providing a reputable, reliable and secure services with high standards of integrity and transparency, in full compliance with applicable laws and global standards.
The following are key elements of the CCPayment AML/CTF Policy:
- Customer Due Diligence;
- Risk Assessment; Ongoing Monitoring;
- Record Keeping;
- Communication with Competent Authorities.
- Customer Due Diligence.
Customer due diligence information comprises the facts about a customer that should enable CCPayment to assess the extent to which the customer exposes it to a range of risks. Customer due diligence information is obtained from the customer before establishing the business relationships with him/her/it. CCPayment also verifies the obtained information against reliable and independent sources.
By collecting and verifying the customer’s information the Company aims to form a reasonable belief as to the true identity of the customer. CCPayment must also understand the business of the customer to make sure that the customer does not launder illicit funds through CCPayment and/or these funds will not be used for TF.
Information, documents and data provided to CCPayment during identification of the customer are processed in accordance with CCPayment Privacy Policy.
While assessing the risks, CCPayment applies the risk-based approach. It means that CCPayment has an understanding of the ML/TF risks to which it is exposed and applies AML/CFT measures in a manner and to an extent which would ensure mitigation of these risks. This flexibility enables CCPayment to focus its resources and take enhanced measures in situations where the risks are higher.
CCPayment performs an ongoing monitoring of the business relationships with customers. Ongoing monitoring is performed on all business relationships regardless of their risk rating
under the risk-based approach. However, the degree and nature of monitoring will depend on the risk rating of the customer and the particular service provided.
Ongoing monitoring allows CCPayment to gain deeper insights into customers’ profiles and behaviours and strengthen risk-based allocation of resources to tackling higher risk areas.
CCPayment maintains appropriate records in relation to every customer, with the idea being that maintaining an adequate audit trail is a significant component of combating ML/TF.Record keeping is essential to facilitate effective investigation, prosecution and confiscation of criminal property. If the funds used to finance terrorist activity cannot be traced back through the financial system, then the sources and the destination of terrorist financing will not be identified.
Upon suspicion or any knowledge that the property of any value is directly or indirectly derived from criminal activity or participation in such activity, or that the intended purpose of property is to sponsor one or several terrorists or terrorist organization, CCPayment will report that to the competent authorities and will cooperate on any follow-up actions.
We will also file a STR and notify the appropriate law enforcement authority in situations involving violations that require immediate attention, such as terrorist financing or ongoing money laundering schemes.
We will report suspicious transactions by completing a STR, and we will collect and maintain supporting documentation as required by the IFSC and FIU regulations. We will file a STR no later than 30 calendar days after the date of the initial detection of the facts that constitute a basis for filing a STR. If no suspect is identified on the date of initial detection, we may delay filing the STR for an additional 30 calendar days pending identification of a suspect, but in no case will the reporting be delayed more than 60 calendar days after the date of initial detection. The phrase "initial detection" does not mean the moment a transaction is highlighted for review. A review must be initiated promptly upon identification of unusual activity that warrants investigation.
We will retain copies of any STR filed and the original or business record equivalent of any supporting documentation for five years from the date of filing the STR. We will identify and maintain supporting documentation and make such information available to FIU, any other appropriate law enforcement agencies, federal or state securities regulators.
We will not notify any person involved in the transaction that the transaction has been reported, except as permitted by the IFSC and FIU regulations. We understand that anyone who is subpoenaed or required to disclose a STR or the information contained in the STR will, except where disclosure is requested by FIU, or another appropriate law enforcement or regulatory agency, or to provide any information that would disclose that a STR was prepared or filed. We will notify IFSC or FIU, or of any such request and our response.