Eclipcoin Technology OÜ (»company» or «us" or "we" or "our" or «Eclipcoin») is a company incorporated under the laws of Estonia, with a registered office at Estonia, Harju maakond, Tallinn, Keemia 4, office 24, 10616.
PLEASE READ THE TERMS & CONDITIONS SET OUT HERE IN (THE "TERMS & CONDITIONS") CAREFULLY BEFORE USING THE SERVICES PROVIDED BY US.
The text of this User Agreement constantly available on www.eclipcoin.com/terms, contains all the essential conditions of the Agreement and is an offer from eclipcoin.com to conclude an agreement with a person using the eclipcoin.com Site and System in accordance with the conditions set. The text of this Agreement is a public offer.
The proper acceptance of this public offer is a sequential comitance of the following actions by the user:
1. Reading this User Agreement and all of its additions;
2. Indicating valid and actual information, including unique user name, email address and password in the "Registration" tab or indicating the same information in the registration form after the exchange request was created and putting a tick into the "Create account" box.
3. Putting a tick into the "I have read and accepted the User Agreement" box in the registration form.
4. Clicking the "Register" button in the completed registration form.
After the "Register" button is clicked and the message about successful registration appears the registration is considered completed and the terms of this Agreement - mandatory to follow.
If you do not agree with the conditions of this Agreement, please do not register on the www.eclipcoin.com website and do not use its services.
The Company and a person using the www.eclipcoin.com website have concluded this user agreement about the following.
1. Terms and Definitions
1.1. In this User Agreement, unless the text expressly states otherwise, the following terms will have the following meanings:
"Account data" - User data required to log in and use the System (username, password, email address and other data specified during the registration process and afterwards).
"Assets" - money and cryptocurrency used in the transaction.
“Cryptocurrency” is a digital (crypto) currency distributed in the absence of a single issuer of such currency directly between the holders of such currency.
"Course" - the proposed ratio of the number of Assets to the User and the price for exchanging Assets for a transaction.
"Personal Account" - a set of secure pages of the System created as a result of the User's registration, using which the User has the opportunity to make an exchange, as well as to give the Service instructions provided for in the Agreement.
“Anti-Money Laundering Policy” - the Anti-Money Laundering and Terrorism Financing Program, which is an integral part of the Agreement, the text of which is available to the User at www.eclipcoin.com/aml.
"User" - a sui juris adult individual - a user of the Site and / or System who has entered into this Agreement with the Service.
“Site” - a set of information, texts, graphic elements, design, images, photographic and video materials and other intellectual property, as well as computer programs contained in the information system ensuring the availability of such information on the Internet at www.eclipcoin.com.
“Service” - www.eclipcoin.com
"System" - a set of software and hardware used by the Service in automatic mode for processing operations performed by the User.
"Agreement" - this User agreement.
"Parties" - Service and User.
"Fees" - posted on the Internet and available at https://eclipcoin.com/fees information about the size of the Service's commission and the cost of additional services provided by the Service.
"Service Contacts" - email address email@example.com
1.2. All the other terms used in the text of the Agreement are understood by the parties in accordance with Estonian legislation and common in the Internet meaning of the relevant terms.
1.3. The headings of the sections (articles) of the Agreement are intended for convenient usage of the text only and have no legal meaning.
2. Subject of the Agreement
2.1. The Agreement regulates the process of using the Product and granting the access to the Website and System
2.2. The Company provides the User with the access to the Website and the ability to use the System, as well as providing other services in order and under conditions set by this Agreement. The User agrees to use the Website and the System in accordance with the conditions set in the Agreement, and to pay for the Company's services in cases specified in this Agreement and other agreements between parties.
3. Access to the System and registration
3.1. Company provides the User with access to the information about the System, exchange rates, prices and user's transaction history.
3.2. To access the System User needs to register in the System, after that the User will be provided with the access to the Account in the System by user's credentials.
3.3. User creates a password during the registration in the System. User may change the password at any time after registration. User is responsible for keeping the password and credentials safe from any unauthorised access. The user individually defines the order of storing the mentioned data and preventing its compromisation. In case the password and/ or account credentials are lost or compromised the User must notify the Eclipcoin Customer Support immediately by sending a request to firstname.lastname@example.org. Additionally suspicious activity email will be sent to the user, when a different IP login has been performed. Until this notice is received all the actions performed from the User's account are considered to be performed by the User.
3.4. User is not allowed to have 2 or more accounts. Such actions are considered by the Company as a breach of the Agreement
4. The exchange procedure
4.1. The exchange operation is initiated by the User.
4.2. The User selects the currency pair, indicates the amount they want to exchange, indicates the required details and clicks "Next Step", after that personal details as well as a document confirming the identity has to be submitted along with a selfie with payment card, once completed the exchange order is created. Final step is to choose the appropriate payment method and to pay for the exchange order.
4.3. For the exchange operation exchange fee is charged. The fee amount is defined based on Fees.
4.4. For card operations additional fee may be charged by the issuing bank.This fee, as well as other possible fees charged by payment systems, payment method aggregators and payment processing companies are out of our control and Eclipcoin is not responsible for such charges.
5. Prevention of the Website and System inappropriate use
5.1. It is prohibited to use the Site and System in any other way than the one specified in the Agreement. In particular, user is not allowed to place any commercial, if the additional agreement was not concluded.
5.2. User is not allowed to use the Site and System with any illegal aim, including money laundering, terrorism financing, etc.
5.3. Upon request of the Service or authorised third parties (credit institutions, payment facilitators etc) the user is obliged to undertake the verification and to follow Estonian and EEA AML regulations.
6. Risk warning
6.1. The user confirms that he/she is acknowledged with the basic principles of the Cryptocurrency operations, as well as the characteristics of cryptocurrencies that affect its value. The User guarantees that he/she has the ability to make transactions with cryptocurrencies, and that the User is sui juris adult, in accordance with personal law.
6.2. Making the exchange, the User accepts the exchange rate set by the Service. The Service does not guarantee that the exchange transaction will be beneficial to the user.
6.3. The user understands that any operations with cryptocurrencies are irreversible and that the reverse of the exchange is possible only in individual cases by agreement of the Parties.
7. Intellectual property and limitations in using the Site and the System
7.1. The Site and the System contain intellectual property that belongs to the Service, its affiliates and other related parties, sponsors, partners, representatives, all other persons acting on behalf of the Service, and other third parties.
7.2. Using the Site and the System, the User acknowledges and agrees that the System, the entire contents of the Site and the structure of the Site contents are protected by copyright, trademark rights and other rights regarding the results of intellectual activity, and that these rights are valid and protected in all forms on all carriers and in relation to all technologies, both existing at present, and developed or created afterwards. No rights to any content of the Site and the System are not transferred to the User as a result of using the Site and the System and concluding the Agreement.
7.3. The User is prohibited from:
- copy and / or distribute any objects of intellectual rights placed on the Website and / or in the System, except for the cases when such function is directly provided on the Website and / or in the System;
- copy or otherwise use the software part of the Site and / or the System, as well as their design;
- post on the Site and / or in the System personal data of third parties without their consent;
- change, in any way, the program part of the Site and / or the System, perform actions aimed at changing the functioning and operability of the Site and / or the System;
- use offensive words and those words violate the rights and freedoms of third parties and groups as a name during registration (nickname, pseudonym).
8. Responsibilities of the Parties
8.1. In case the User violates the terms of the Agreement, the Estonian and EEA regulations, norms of morality and ethics, or in the event of collusion with other Users to violate the terms of the Agreement, the Service has the right to block or delete the User’s Personal Account, deny or restrict access to certain or all functions available within the system.
8.2. In case the Service detects the violation of the terms of this Agreement committed by the user, the Service has the right to remove the Personal Account of the User and demand compensation for damages.
8.3. The Eclipcoin is not responsible for the operation of the Site and / or the System and does not guarantee its uninterrupted operation. The Service also does not guarantee the safety of information posted on the Website and / or in the System, and the possibility of uninterrupted access to this information.
8.4. The User uses the Site and the System as presented, at their own risk. The Service does not guarantee the User to achieve any results due to the use of the Site and / or the System.
8.5. The Eclipcoin does not guarantee that the Site and the System comply with the requirements of the User, that access to the Site and / or the System will be provided continuously, quickly, reliably and without errors.
8.7 In the case of illegal activities, Eclipcoin undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a suspicious activity.
9. Special conditions
9.1. The Site and the System may contain links to other sites on the Internet (third party sites). These third parties and their content are not checked by the Service for compliance with any requirements (accuracy, completeness, legality, etc.). The Service is not responsible for any information or materials posted on third-party sites to which the User gets access using the Site and / or the System, including any opinions or statements expressed on third-party sites, advertising, etc., as well as for the availability of such sites or content and the consequences of their use by the User.
9.2. The Service has the right to assign rights and transfer debts for all obligations arising from the Agreement. The User hereby consents to the assignment of rights and the transfer of debt to any third parties. The Service informs the User about the assignment of rights and / or transfer of the debt by posting relevant information on the Website and / or the System.
10. Dispute Resolution Procedure
10.1. All disputes, disagreements and claims that may arise in connection with the execution, termination or invalidation of the Agreement, the Parties will seek to resolve through negotiations. The Party, which has claims and / or disagreements, sends a message to the other Party indicating the claims and / or disagreements that have arisen.
10.2. If the response to the message is not received by the sending party within 30 (thirty) working days from the date of the corresponding message, or if the parties do not come to an agreement on any claims and / or disputes, the dispute must be resolved in court in the Service's location area."
11. Changes to the Agreement
12. Final provisions
12.1. Except for the cases indicated in this Agreement and current legislation, all notifications, messages and documents in the framework of the fulfillment by the Parties of the obligations arising from the Agreement should be sent and considered received by the Parties if sent by e-mail from the authorized address of one of the Parties to the authorized address of the other Party. The authorized addresses are:
- for the User: the email address specified in the User’s Personal Account.
- for the Service - the email address indicated on the Site.
12.2. The service provision and all legal relations arising from it are regulated by the legislation of Estonia without regard to its conflict of laws rules. All disputes that arise are resolved in accordance with the legislation of Estonia.
12.3. The recognition by the court of any provision of the Agreement as invalid or not enforceable does not entail the invalidity of other provisions of the Agreement
Please note: purchasing or selling Cryptocurrency carry significant risk. Prices can fluctuate at any time.
Because of such fluctuations, Cryptocurrency may gain or lose value. This is your responsibility on how to handle your own assets.