These Website Terms And Conditions (these “Terms” or these “Website Terms And Conditions”) contained herein on this web page, shall govern your use of this website (“doubloon.co.za”), including all pages within this website (collectively referred to herein below as this “Website”) and to any other related services or materials provided by Doubloon.co.za (collectively “Services”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.
2. INTELLECTUAL PROPERTY RIGHTS.
Other than content you own, which you may have opted to include on this Website, under these Terms, Doubloon.co.za and/or its licensor own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
You are expressly and emphatically restricted from all of the following:
1. publishing any Website material in any media;
2. selling, sub-licensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Doubloon.co.za may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. YOUR CONTENT.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Doubloon.co.za a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Doubloon.co.za reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. NO WARRANTIES.
This Website is provided “as is,” with all faults, and Doubloon.co.za makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. LIMITATION OF LIABILITY.
In no event shall Doubloon.co.za, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Doubloon.co.za, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Doubloon.co.za from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceable or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. VARIATION OF TERMS.
Doubloon.co.za is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Doubloon.co.za shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. ENTIRE AGREEMENT.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Doubloon.co.za and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
12. GOVERNING LAW & JURISDICTION.
These Terms will be governed by and construed in accordance with the laws of South Africa, and you submit to the non-exclusive jurisdiction of the land and federal courts located in South Africa for the resolution of any disputes.
13. REGISTRATION AND VERIFICATION
13.1. In order to receive access to the Services for a Customer, Customers must register and create an account with Doubloon.co.za and be verified by Doubloon.co.za. In order to meet the legal requirements concerning money laundering and terrorism financing prevention Doubloon.co.za must obtain certain knowledge of its customers.
13.2. You as a Customer agree to: (a) provide accurate, current and complete information when creating the Account; (b) maintain and promptly update your Account information to keep it accurate, complete, and current; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer, tablet, or mobile device;
13.3. You must provide Doubloon.co.za with a valid email address to create an Account.
13.4. By accepting these terms, you represent that any and all information you provide us is true and accurate. Any false or fraudulent information and/or use of the services rendered to you is prohibited.
13.6. You may withdraw your consent to receive emails by sending a withdrawal notice to Doubloon.co.za, understanding that Doubloon.co.za may suspend or terminate your ability to use the Services.
14. RESPONSIBLE USE AND CONDUCT
14.1. By using the Site and accessing the Services, you agree to use the Services only for the purposes intended as permitted by these Terms, and any applicable laws and regulations.
14.2. You acknowledge and accept that:
14.2.1. accessing (or attempting to access) any of the Services by any means other than through the means Doubloon.co.za provides, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the Services through any automated, unethical or unconventional means;
14.2.2. engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks on which our Services operate or are connected, is prohibited;
14.2.3. attempting to copy, duplicate, reproduce, sell, trade, or resell our Services, is prohibited;
14.2.4. you are responsible for any consequences, losses or damages that Doubloon.co.za may directly or indirectly incur as a consequence of any activity undertaken by you on, or through the use of the Site or the Services, that is in breach of these Terms or any applicable law or regulation;
14.3. Doubloon.co.za may provide various open communication tools on the Site, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You acknowledge and accept that, Doubloon.co.za does not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit or receive any type of content on our Site, then it is your personal responsibility to use these tools in a lawful, responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
14.3.1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
14.3.2. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
14.2.3. contains any type of unauthorized or unsolicited advertising; or
14.3.4. impersonates any person or entity, including any Doubloon.co.za employees or representatives;
14.3.6. Doubloon.co.za has the right at its sole discretion to remove any content that it believes in its judgment does not comply with these Terms, along with any content that Doubloon.co.za believes is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyright or trademark. Doubloon.co.za is not responsible for any delay or failure in removing such content. If you post content that Doubloon.co.za chooses to remove, you hereby consent to such removal, and waive any claim you may have against Doubloon.co.za;
14.3.7. Doubloon.co.za does not assume any liability for any content posted by you or any third party user of its Site. From time to time, Doubloon.co.za may make third party website links and information available to you on its Site. Doubloon.co.za does not control, endorse, or adopt any third party content and shall have no responsibility for third party content, including without limitation material that may be false or misleading, incomplete, offensive, indecent, or otherwise objectionable;
14.3.8. in so far as information or content which is posted to Doubloon.co.za by third parties, and which may be downloaded from Doubloon.co.za is concerned, Doubloon.co.za makes no representation about the safety, security, accuracy or quality of that information or content and does not supply that material to you in connection with our Services to you. Doubloon.co.za is not liable for any damage or loss of data incurred by you or any other party which may result from the download of such third party content;
14.3.9. you warrant that any content posted by you on the Site does not infringe any third party intellectual property rights, and you grant to Doubloon.co.za a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to reproduce, modify, adapt, translate, publish, publicly display and/or distribute such content as it sees fit;
14.3.10. should your digital currency split or fork or require some other form of modification or alteration, Doubloon.co.za will not perform or give effect to any split, fork, modification, or alteration on your behalf. You must withdraw the relevant digital currency from your Doubloon.co.za Account and complete the relevant process for such split, modification or alteration required to be made;
14.3.11. Doubloon.co.za may, in its discretion, attempt to correct, reverse, cancel any order, trade or transfer in the event that Doubloon.co.za discovers that there was an error in a trade or transfer, whether that error was by you, Doubloon.co.za or a third party. You authorise Doubloon.co.za to attempt that correction, reversal or cancellation as described. You acknowledge and accept that any such attempt may not be successful, and that Doubloon.co.za does not bear any liability for the error or any correction attempt;
14.4. you shall indemnify Doubloon.co.za against all losses, damages, claims, liability, expenses, payments or outgoings incurred by or awarded against Doubloon.co.za arising from:
14.4.1. any breach of these Terms; and
14.4.2. any act or omission by you (including any negligence, unlawful conduct or willful conduct) relating to these Terms or the use of your Doubloon.co.za Account;
14.5. your liability to indemnify Doubloon.co.za shall be reduced to the extent that such loss or damage was caused or contributed to by any act, omission, direction or negligence of Doubloon.co.za including by its shareholders, directors, officers, employees, lawyers, agents, representatives, suppliers, or contractors;
14.6. Doubloon.co.za may, in its discretion, prevent you from immediately dealing with large amounts of digital currency that appear in your Doubloon.co.za Account. Should this occur, Doubloon.co.za will also contact you to confirm the provenance of, and your entitlement to, the digital currency. Doubloon.co.za will immediately release the currency to you on satisfaction that the currency has not been received in breach of any applicable laws, including laws relating to anti-money laundering and counter-terrorism financing, and that you are otherwise entitled to the currency; and
14.7. you warrant that you will not hold Doubloon.co.za responsible to recover or replace digital currency, or compensate you for direct or indirect losses in the event of a hostile takeover or illegitimate forking of a digital currency. In the event of a hostile takeover of a digital currency or an illegitimate forking of a digital currency, Doubloon.co.za is not required to but reserves the right to:
14.7.1. review the blockchain and its associated digital currency;
14.7.2. suspend your access to the Site, the Services and/or your Doubloon.co.za Account if you receive a deposit of digital currency that does not appear to be legitimate;
14.7.3. reverse any deposit of digital currency which is illegitimate; and
14.7.4. restore your access to the Site, the Services and/or your Doubloon.co.za Account once the deposit has been reversed from your Doubloon.co.za Account.
15. TRANSACTION FEE
15.1. Doubloon.co.za charge a transaction fee for all transactions on the Site depending on the currency traded. More information on prices and fees are available at the Site.
15.2. Doubloon.co.za may use third party services or Doubloon.co.za group companies to enable the Customer to make payments when using the Services. The Customer may be required to accept third party's conditions in order to perform such payment. Doubloon.co.za may transfer information provided by you through your use of the services on our website to any such third party in order to allow the third party to perform preliminary examinations of the information for the purpose of determining if you are qualified to use the services of such third party.
16. POTENTIAL RISKS AND DISCLAIMER
16.1. Doubloon.co.za provides an execution-only service and does not advise on the merits of any particular transactions or their tax consequences. As a general matter, Users should be aware of the following prior to utilizing our Services.
16.2. Trading Crypto Currencies can be extremely risky. Each particular Crypto Currency has a unique feature set that makes it more or less likely to fluctuate in value. In addition, factors beyond Doubloon.co.za’s control may affect market liquidity for a particular Crypto Currency, such as regulatory activity, market manipulation, or unexplainable price volatility. Blockchain networks may go off-line as a result of bugs, hard forks, or a number of other unforeseeable reasons. Doubloon.co.za does not assume the risk of losses due to trading or due to factors beyond its control regarding the viability of specific blockchain networks. As a general matter, we advise Users with limited trading experience and low risk tolerance not to engage in active trading. Speculating on the value of Crypto Currencies is high risk and Users should never trade more than they can afford to lose.
16.3. Understanding Crypto Currencies requires advanced technical knowledge. Crypto Currencies are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate inherent risks. Listing of a Crypto Currency on Doubloon.co.za does not indicate approval or disapproval of the underlying technology regarding any Crypto Currency and should not be used as a substitute for your own understanding of the risks specific to each Crypto Currency. We give you no warranty as to the suitability of the Crypto Currencies traded under these Terms and assume no fiduciary duty in our relations with you.
16.4. You accept the risk of trading Crypto Currencies. In entering into any transaction on the Platform, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of the transaction and the underlying Crypto Currencies. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction or any underlying Crypto Currency.
16.5. You are responsible for complying with applicable law. You agree that Doubloon.co.za is not responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your use of the Services.
16.6. You are aware of and accept the risk of operational challenges. Doubloon.co.za may experience sophisticated cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions in the Service. You understand that the Service may experience operational issues that lead to delays on our platform. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold Doubloon.co.za accountable for any related losses.
16.7. Doubloon.co.za does not advise on trading risk. If at any point Doubloon.co.za or its representatives do provide trading recommendations, market commentary, or any other information, the act of doing so is incidental to your relationship with us and imposes no obligation of truth or due diligence on behalf of Doubloon.co.za or its representatives.
16.8. Doubloon.co.za is a regulated entity and must comply with applicable law. Applicable law, regulation, and executive orders may require Doubloon.co.za to, upon request by government agencies, freeze withdrawals or trading (or both), or provide information regarding your account. Further, our record-keeping and customer verification procedures are subject to change at any time as required by law or industry practices. We must comply with the law and you accept any inconveniences to you or other consequences resulting from our compliance.
16.9. Users accept all consequences of sending Crypto Currencies to an address off our platform. Crypto Currency transactions may not be reversible. Once you send Crypto Currencies to an address, you accept the risk that you may lose access to your Crypto Currencies indefinitely. For example, an address may have been entered incorrectly and the true owner of the address may never be discovered, or an address may belong to an entity that will not return your Crypto Currencies, or an address belongs to an entity that may return your Crypto Currencies but first requires action on your part, such as verification of your identity.