1. The Agreement
1.1 These terms and conditions apply to a private individual ("you") who is dealing with BriskCrypto.co.uk ("us" or "we") through any of our services.
1.2 You must be the owner or trustee of the money you are intending to transfer.
2.0 Our Service
2.1 This agreement applies to all transactions that you subsequently enter into with us.
2.2 While we will always endeavour to complete transactions as quickly as possible, there may be circumstances in which we are unable to do so. Therefore, we always reserve the right to delay (see paragraph 3.5) or refuse to accept any transaction without giving you any reasons and without incurring any liability to you for any resulting loss or damages incurred by you or any other party (see clause 6).
3.1 If you wish to enter into a transaction with us, you may do so by depositing funds into our nominated bank account using the unique reference number that we provide you. The transaction will be legally binding on you when we receive your funds into our account in accordance with the paragraphs in clause 3.
3.2 We will not provide you any confirmation that any deposit you have made has been received. We will only provide you with confirmation of the transaction once it has been completed. Details of the transaction will be sent through the communication channels you have nominated and will be immediately available to you through our website.
3.3 Once a transaction has become legally binding, you may not cancel or amend any of the details of the transaction under any circumstances.
3.4 You acknowledge that exchange rates can fluctuate rapidly, so the rate you receive for a particular transaction is contingent on the current market rate for the chosen cryptocurrency at the point we process your transaction. You acknowledge that the quantity of your chosen cryptocurrency you receive for the transaction may increase or decrease from the time you made your deposit into our bank account.
3.5 You acknowledge that delays in the transmission and receipt of payments may occur. In particular, you acknowledge that we operate an online service that could be subject to technical or other problems, the nature and duration of which may be beyond our control. Our service involves the use of intermediaries who are outside our control. While we do everything reasonably within our power to ensure the timely exchange and transmission of funds, we cannot guarantee that transfers will always be made on time and cannot accept any liability to you or any other person for any loss suffered, directly or indirectly, as a result of any delays in the completion of a transaction. We will be under no obligation to inform you of any delay that may apply to your transaction, however in this event we will endeavour to process your transaction at the earliest opportunity.
4. Payment by You to Us
4.1 You acknowledge that we accept funds by electronic means only. We do not accept cash, cheques or other payment instruments. You agree to make all payments to our nominated bank account electronically.
4.2 You must provide us with full, accurate details of any bank accounts you wish to use to fund the use of our service. This includes the full name and address of the account holder and the account name, account number and country in which the account is held before you enter into any transaction with us. Failure to do so may result in your transaction being delayed (see clause 3) or refused (see clause 6).
4.3 All payments must be in cleared funds and for the full amount you wish to exchange, including any transaction fees that may be payable and any service fees that have been requested by us before we will undertake any transaction for you.
4.4 You acknowledge and agree that we will not pay to you any interest on any funds held by us whether by way of account credit or other means.
5. Misdirected Funds
5.1 In the event your funds are sent to the wrong Address as the result of a mistake by you, and we have acted in accordance with the information you provided alongside your deposit, we will be under no obligation to either recover the funds or to resend the funds to the correct Address.
5.2 In the event your funds are sent to the wrong Address as a result of a mistake made by us, we will take urgent action to recover those funds at our own expense, provided you take immediate action to assist us to recover any such funds if the mistaken beneficiary Address is owned by, or associated with you in some way. Where we are unable to recover the funds, we will re-execute the transaction for the gross amount deposited at our own expense and transfer the value, less fees, to your Default Address.
6. Transaction Refusal
6.1 We may refuse to enter into a transaction, or we may terminate a particular transaction or all current transactions that you have outstanding with us, without notice to you:
6.11 if you fail to make any payment or make payment from a bank account from which you are doing so unlawfully;
6.12 if you fail to provide any material information we have requested or any information or warranty that you have given to us is, or becomes in our opinion, materially inaccurate, incorrect or misleading;
6.13 in the event of your death or loss of mental capacity;
6.14 if a serious dispute has arisen between us;
6.12 if the performance of our obligations under this agreement becomes unlawful;
6.12 if you terminate this agreement in accordance with clause 7 below.
You must notify us immediately if you become aware of any event referred to in this paragraph happening or being likely to happen.
6.2 In the event that we refuse a transaction and where it is lawful to do so, we will purchase at the prevailing market rate, the equivalent in your chosen cryptocurrency with the gross value of your deposit less any expenses, premiums, commissions or other fees incurred by us. The balance will then be sent to your Default Address. In the event that we incur a loss on the transaction, you will be liable to pay us the full amount of that loss.
6.3 You acknowledge that under certain rare circumstances, we may be oligated to freeze your account completely and retain any funds that we are holding on your behalf pending further investigation.
6.4 You acknowledge that the amount of any loss realised on the termination of a transaction is a debt payable by you and agree that we may immediately deduct the total amount of any loss (together with any expenses, premiums, commissions or other fees incurred by us) from any funds we are holding for you, including any monies you have paid to us in relation to any transaction. If the amount we are seeking to recover exceeds the amount of any funds held by us on your behalf, you agree to pay the balance within 7 days of being notified of the total amount due.
6.5 We will not pay you any profit arising from the termination of a transaction in any circumstances.
6.6 You agree that we may charge you interest on any sum that remains payable to us after we terminate any or all of your transactions at a rate of 5% per annum over the base rate of the Bank of England. Interest will accrue and will be calculated daily and be compounded monthly from the date payment was due until the full payment is received by us from you.
6.7 If we refuse or terminate a transaction and where it is lawful to do so, we will send you a written statement explaining the amount of any sums that may be payable to us and the amount of any sums being withheld by us.
7. Duration and Termination of this Agreement
7.1 This agreement will remain in force until terminated by you or us.
7.2 You may terminate this agreement at any time without penalty by notifying us in writing or by closing your account through our website. Termination following such notice will only take effect when any outstanding transactions have been completed.
7.3 We may terminate this agreement at any time by giving you 30 days notice through your nominated communication channels. We may also terminate this agreement without notice in the event of fraud or breach of contract by you.
8. Limitation of Liability
8.1 We do not under any circumstances assume liability to you in excess of the amount of money you have deposited with us. We will not be liable to you in any form for any consequential damages or loss that you may suffer as a result of delay in the transfer of your funds or any of our obligations under this agreement. You may not make any claim against us for but not limited to; loss of business, loss of opportunity or loss of interest on funds.
9. Warranties and Indemnification
9.1 You agree that the following statements are true and accurate and that you acknowledge that we may refuse to enter into or may terminate any existing transactions if, at any stage we determine the certification you have given to be false or misleading:
9.11 you are aged 18 or over;
9.12 you own the money that you are transferring and you are lawfully entitled to do so;
9.13 you are not acting on behalf of another person unless you inform us that you are:
the sole proprietor of a business;
the trustee of a trust; or
a partner in a partnership.
9.14 if you are acting as a trustee of a trust:
this agreement binds you in a personal capacity and in your capacity as trustee of the trust;
you are the only trustee of the trust; and
the trust is validly constituted; and
you have the power to enter into this agreement and any transactions in accordance with the terms of the trust deed; and
you will comply with the terms of the trust deed and your duty as a trustee.
9.15 you have a valid commercial or personal reason for entering into each transaction; and
9.16 in making your decision to enter into a transaction, you will not rely on any market-related information that has been provided by us on our website or through other channels.
9.2 You agree to indemnify us for any expenses, premiums, commissions or other fees incurred by us as a result of your failure to perform under the obligations of this agreement. This includes any legal costs that we may incur in order to enforce our rights or recover any amounts you owe us. You also agree to indemnify us for any expenses, premiums, commissions or other fees charged by third parties in relation to the transactions you enter into, including fees charged by your bank, whether or not those fees or charges were notified to you in advance.
10. Your Personal Information
10.5 You must ensure that all the information that you provide to us is accurate and up-to-date at all times. Any changes must be advised to us either through our website or in writing as soon as is practically possible.
11. Modification of this Agreement
11.1 From time to time we may modify the terms of this agreement in order to reflect new legal requirements, changes in our service or correct errors that are discovered. When we do so we will provide you 30 days notice through your nominated communication channels of such changes.
11.2 Once we have given you notice of the proposed changes, if you do not tell us that you object before the date on which they are due to take effect, then you will be deemed to have accepted them.
11.3 If you object to the changes then you have the right to end this agreement without penalty subject to paragraph 7.2.