Plasma Alliance OÜ
This document was last updated on September 5, 2018.
- Plasma Alliance OÜ and its subsidiaries and affiliated companies (“PlasmaPay”, “Services”, “we” or “us”), including https://plasmapay.com (collectively, the “Site”);
- and the client which has electronically signed and accepted, for the substance, the present Terms (hereinafter referred to as “Customer”): hereinafter referred to as “the Parties”.
PlasmaPay Service definition
PlasmaPay provides Services that allows Customers to:
- to register and use own crypto wallet with the token;
- to buy, sell and exchange different fiat currencies worldwide
- to buy, sell and exchange different cryptographic currencies worldwide
- to send and receive different fiat and cryptographic currencies worldwide;
- to provides third-party financial services and widgets;
- to use a wallet service with a multi-currency account where you can store your different fiat and cryptographic currencies.
By accessing or using the Site, you represent and warrant that you have not previously been suspended or removed from the Site. You represent and warrant that you are not: (a) located in, under the control of, or a national or resident of any country to which Estonia has embargoed goods or services; (b) identified as a “Specially Designated Nationals and Blocked Persons” (OFAC SDN list), or (c) placed to any other international sanction lists. You further represent and warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Terms.
Registration and account
In order to access and use certain features on the Site, you must create an account with PlasmaPay (“Account”). You agree to (a) provide accurate, current and complete information when creating or updating an Account; (b) maintain and promptly update your Account information; (c) maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer; (d) promptly notify PlasmaPay if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
Identification and verification procedures (“Know Your Customer” or “KYC”) are required for all the transactions. All existing and new Customers of the Site must pass the verification procedure. PlasmaPay reserves the right to limit the Site functionality to the Customers who have not passed verification. If the Customer refuses to provide the required documents and information under KYC, PlasmaPay reserves the right to immediately terminate the Services provided to the Customer.
The Customer undertakes to provide PlasmaPay with correct and relevant documents and personal information contained therein. In case the Customer provides counterfeit documents and false personal information, such behavior will be interpreted as fraudulent activity.
The Customer hereby authorizes PlasmaPay to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal data transferred will be limited to strictly the necessary and with security measures in use to protect the data.
Confidentiality of transmissions over the Internet
Execution-only We deal on an execution only basis and do not advise on the merits of particular transactions, or their taxation consequences.
Own judgment and suitability without prejudice to our foregoing obligations, in asking us to enter into any transaction, you represent that you have been solely responsible for making your own independent appraisal and investigations into the risks of the transaction. 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. We give you no warranty as to the suitability of the services traded under these Terms and assume no fiduciary duty in our relations with you.
Copyright and limited license
Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, without limitation, the PlasmaPay logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “PlasmaPay Materials”) are the proprietary property of PlasmaPay or its licensors or Customers and are protected by Estonia and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and PlasmaPay Materials; subject to these Terms. Except as expressly permitted on the Site, in these Terms or otherwise in writing by PlasmaPay, such license does not include: (a) any resale or commercial use of the Site or the PlasmaPay Materials; (b) the distribution, public performance or public display of any PlasmaPay Materials; (c) modifying or otherwise making any derivative uses of the Site and the PlasmaPay Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the PlasmaPay Materials or any information contained therein; or (f) any use of the Site or the PlasmaPay Materials other than for its intended purpose. Any use of the Site or the PlasmaPay Materials other than as specifically authorized herein, without the prior written permission of PlasmaPay, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Repeat infringer policy
In accordance with the Electronic Commerce Directive the European Union and other applicable laws, PlasmaPay has adopted a policy of terminating, in appropriate circumstances and in PlasmaPay’s sole discretion, Customers who are deemed to be repeat infringers. PlasmaPay may also, in its sole discretion, limit access to the Site and/or terminate the Account of any Customer who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
“PlasmaPay”, the PlasmaPay logos and any other PlasmaPay product or service name, logo or slogan contained in the Site are trademarks or service marks of PlasmaPay (the “PlasmaPay Marks”) and may not be copied, imitated or used, in whole or in part, except as expressly permitted in these Terms or on the Site or with the prior written permission of PlasmaPay. You may not use any meta tags or any other “hidden text” utilizing any PlasmaPay Marks without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PlasmaPay and is part of the PlasmaPay Marks and may not be copied, imitated or used, in whole or in part, without our prior written permission except as expressly permitted herein or on the Site. All other registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the written permission of the applicable trademark holder. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
PlasmaPay makes every attempt to help prevent and mitigate cryptocurrency attacks. However, should an attack occur and we are able to confirm it, then PlasmaPay will immediately halt exchange, top-up and sending payment for that coin. If it is determined that such an attack caused the currency to greatly decrease in value, then PlasmaPay will discontinue transaction activity on that currency entirely. Resolutions concerning exchange, top-up, send payment, and Customer balances for an attacked currency will be determined on a case by case basis.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray PlasmaPay or any of our Site in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable, in our sole discretion. This limited right may be revoked at any time. You may not use any PlasmaPay Marks or other proprietary graphics of PlasmaPay to link to the Site without the express written permission of PlasmaPay. Further, you may not use, frame or utilize framing techniques to enclose any PlasmaPay trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page of the Site without PlasmaPay’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary rights of PlasmaPay or any third party.
Third party content
PlasmaPay and its Customers may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by PlasmaPay (collectively the “Third Party Content”) as a service to those interested in this information. PlasmaPay does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that PlasmaPay is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Customers use such Third Party Content contained therein at their own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. PlasmaPay is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding PlasmaPay or the Site (collectively, “Feedback”) that are provided by you, whether by e-mail, posting to the Site or otherwise, are non-confidential and will become the sole property of PlasmaPay. PlasmaPay will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Customer’s representations and warranties
By opening an Account, the Customer expressly represents and warrants that he:
- follows the rules and laws in his country of residence and/or country from which he accesses this Site and Services;
- has accepted these Terms;
- is at least 18 years old and has the right to accept these Terms and participate in transactions involving crypto assets.
The Customer represents and warrants that he will only use the Site to perform transactions in accordance with the conditions set forth in these Terms and that they are duly authorized and have the capacity to enter into the transactions on the Site.
The Customer represents and warrants that both fiat currency and cryptocurrency deposited to the Account belong to the Customer and derived from legal sources.
The Customer represents and warrants that all transactions being carried out do not violate the rights of any third party or applicable laws.
The Customer understands that his personal data and identifiers may be shared with appropriately authorized third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the Customer.
Customer conduct and obligations
Your license to access and use the Services is subject to the following restrictions and prohibitions on use (“Customer Conduct and Obligations”). You agree that you shall not upload, post, transmit, share or otherwise make available through, or to, the Services any content that:
- Is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable.
- Might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
- Might violate any local, federal, or international law, or any rules of any securities exchange, either intentionally or unintentionally.
- Contains any viruses, trojan horses, time bombs, cancelbots, or any other harmful or disruptive computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Reproduce, copy, modify, distribute, market, display, transfer, sublicense, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter, transfer, or otherwise make available in any form or by any means, except for the express limited permitted Uses, all or any portion of the Services or any information and content retrieved therefrom.
- Disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Services, or their computer systems, servers, or networks.
- Post or provide any information that you know (or ought to know) is false or misleading, provide false information about yourself, impersonate any other person, or otherwise attempt to mislead others about your identity, your affiliation with any person or entity, or the origin of any content, message, or other communication.
- Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, bulk e-mail, or duplicative messages.
- Use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to or Customers of the Services, or otherwise systematically extract data or data fields, including without limitation any financial and/or currency data or e-mail addresses.
- Use the Services for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the Internet to other Customers of the Services or to other third parties. Internet e-mail sent to, or through, the computer systems of the Services or to Customers of the Services or to other third parties containing invalid or forged headers, invalid or non-existent domain names, or other deceptive addressing is deemed counterfeit. SENDING, OR ATTEMPTING TO SEND, COUNTERFEIT E-MAIL TO, OR THROUGH, THE COMPUTER SYSTEMS OF THE SERVICES IS STRICTLY PROHIBITED.
- Provide access to or use of any portion of the Services through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, except as specifically permitted in writing by PlasmaPay.
- Redistribute any information and content, including but not limited to financial and currency data, in any manner whatsoever including without limitation by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, to any person, organization, corporation or other entity, including within your own organization or externally, except for the limited permitted Uses.
- Use any information and Content, including but not limited to financial and currency data, for any purpose competitive with PlasmaPay’s businesses which include, without limitation, providing raw currency data and currency rate conversion services.
- Present, archive, cache, frame, scrape, or mirror any information and content from any part of the Services within another website, except with express written permission from PlasmaPay.
- Remove, obscure, or alter any notice of PlasmaPay’s intellectual property rights present on or in the Services, including but not limited to copyright, trademark, and/or patent notices.
- Copy, disassemble, decompile, translate, reverse engineer or otherwise reduce the Services software or use any network monitoring or discovery software to determine the network and/or computer architecture, except as permitted by mandatory rules of applicable law that cannot be disapplied by contract.
- Remove, disable, defeat, or change any functionality or appearance of the Services or intentionally alter the format in which financial and currency data is provided by PlasmaPay or otherwise circumvent the Services’ regular interfaces to such data; and embed or import any financial and currency data provided in, on or through the Services into any information services (whether or not web-based), data files, or application software, including without limitation accounting and payroll systems, except as specifically permitted in writing by PlasmaPay.
- Embed or import any financial and currency data provided in, on or through the Services into any information services (whether or not web-based), data files, or application software, including without limitation accounting and payroll systems, except as specifically permitted in writing by PlasmaPay.
The foregoing prohibitions expressly include, but are not limited to, the practice of “screen scraping”, or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized in writing by PlasmaPay.
About PlasmaPay Account
- Your PlasmaPay Account allows you to hold, send or receive electronic funds/payments.
- The electronic funds held on your PlasmaPay Account does not expire other than when your account is closed.
- The electronic funds held on your PlasmaPay Account will not earn any interest.
- You may hold your electronic funds in any currencies which we support from time to time.
- You may withdraw funds from your PlasmaPay Account at any time subject to certain conditions.
- Certain limits may be placed on your PlasmaPay Account depending on your country of residence, verification checks or other legal considerations. Please contact us if you have any questions about these limits.
- The electronic funds held on your PlasmaPay Account belongs to the person or legal entity which is registered as the PlasmaPay Account holder.
- Unless you have our consent in writing, you must not allow anyone to operate your PlasmaPay Account on your behalf.
Using PlasmaPay Account
YOUR ACCOUNT WITH US IS NOT A BANK ACCOUNT. OUR SERVICES ARE NOT FINANCIAL INSTRUMENTS, AND WE ARE NOT A REGULATED FINANCIAL INSTITUTION. NO INTEREST WILL BE PAID ON ANY FUNDS OR CURRENCY YOU USE TO PURCHASE OR EXCHANGE FOR ANY OTHER CURRENCY, AND SUCH CURRENCY IS NOT INSURED BY THE COMPANY OR ANY GOVERNMENT AGENCY. ALL CURRENCY EXCHANGED OR PURCHASED BY YOU WILL BE ASSOCIATED WITH YOUR ACCOUNT UNTIL USED TO TRANSACTIONS WITH OTHER CUSTOMER OR UNTIL WITHDRAWN BY YOU.
Use of information, data, and software: In the event that you receive any data, information or software via an electronic service other than that which you are entitled to receive pursuant to these Terms, you will immediately notify us and will not use, in any way whatsoever, such data, information or software.
Authority: We shall be entitled to act for you upon instructions given or purporting to be given by you or any person authorized on your behalf without further inquiry as to the genuineness, authority or identity of the person giving or purporting to give such instructions provided such instruction is accompanied by your correct Account number and password.
The currency of Account: You will be able to open your trading Account(s) in USD, EUR, GBP or any currency that may be offered by PlasmaPay, including cryptocurrencies. Account(s) balances will be calculated and reported to you in the currency in which Account(s) are maintained.
System defects: In the event, you become aware of a material defect, malfunction or virus in the PlasmaPay‘s system or in an electronic service, you will immediately notify us of such defect, malfunction or virus and cease all use of such electronic service until you have received permission from us to resume use.
Liability and indemnity: Without prejudice to any other terms of these Terms, relating to the limitation of liability and provision of indemnities, the following clauses shall apply to our electronic services.
System errors: We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to electronic services may be limited or unavailable due to such system errors and that we reserve the right upon notice to suspend access to electronic services for this reason.
Delays: Neither we nor any third party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to you in connection with an electronic service.
We do not accept any liability in respect of any delays, inaccuracies or errors in prices quoted to you if these delays, inaccuracies or errors are caused by third party service providers with which we may collaborate.
We shall not be obliged to execute any instruction which has been identified that is based on errors caused by delays of the system to update prices provided by the system price feeder or the third party service providers. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.
Viruses from an electronic services: We shall have no liability to you (whether in contract or in tort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the PlasmaPay’s system via an electronic services or any software provided by us to you in order to enable you to use the electronic services, provided that we have taken reasonable steps to prevent any such introduction.
Viruses from your system: You will ensure that no computer viruses, worms, software bombs or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
Unauthorized use: We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the electronic services. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgements, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an electronic services by using your designated passwords, whether or not you authorized such use.
Immediate suspension or permanent withdrawal: We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any electronic services, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the applicable regulations, breach of any provisions of these Terms, on the occurrence of an event of default, network problems, failure of power supply, for maintenance, or to protect you when there has been a breach of security. In addition, the use of electronic service may be terminated automatically, upon the termination (for whatever reason) of:
- any license granted to us which relates to the electronic services; or
- this Terms.
Effects of termination: In the event of a termination of the use of electronic services for any reason, upon request by us, you shall, at our option, return to us or destroy all hardware, software, and documentation we have provided you in connection with such electronic services and any copies thereof.
Adding funds into your PlasmaPay Account
To upload funds, you need to log in to your PlasmaPay Account and follow the steps as they appear on the screen. We are not responsible for the funds you have uploaded until we have received them. For clarity, in an upload transaction, we are the recipient of funds and not the payment services provider.
You may be presented with one or more methods of upload, for example, bank transfer, credit cards or debit cards (in this Terms, we will call these methods “Top-up Methods”). The number of Top-up Methods made available to you will depend on a number of factors including where you live and your verification status with us. Top-up Methods are not part of our Services, they are services provided by third parties, for example, the card provider which issued you with your credit/debit card. We cannot guarantee the use of any particular Top-up Method and may change or stop offering a Top-up Method at any time without notice to you.
Any payment instrument (for example, the credit card or debit card) you use with your chosen Top-up Method must be in your name.
If you selected a Top-up Method which gives you chargeback rights (for example in relation to your credit card, you may ask your card provider to reverse a transaction on your card), you promise that you will only exercise this chargeback right if:
- we have breached this Terms; or
- there was an unauthorized use of your payment instrument.
You promise that you will not exercise your chargeback right for reasons which we are not responsible, including a dispute with your recipient or if there are insufficient funds in your payment instrument. If we need to investigate or take any actions in connection with a chargeback raised by you, we may charge you for our costs in doing so and may deduct such amount from your PlasmaPay Account.
For legal and security reasons, we impose limits on how much you can upload into your PlasmaPay Account.
We will credit your PlasmaPay Account once we have received your funds. For some Top-up Methods such as credit or debit card, we will credit the funds to your PlasmaPay Account as soon as possible subject to our right of reversal. This means if the actual amount you intended to upload does not reach us within a reasonable time, we may deduct such amount from your PlasmaPay Account. If you do not have enough funds in your PlasmaPay Account for this purpose, we can demand repayment from you using other methods.
To set up a payment order via your PlasmaPay Account, you need to provide certain information to us including (a) the full name or account name of your recipient, (b) your recipient’s bank account details or their PlasmaPay Account details (if required) and (c) amount and currency to be transferred.
We may place limits on the amount you may send per transfer. For more information on the applicable limits, please contact us.
If your payment order is received by us after 5 pm on a business day or not on a business day, your payment order will be deemed received on the following business day.
Once we have received your payment order, we will send you a confirmation by email. Each payment order is given a unique transfer number and is shown in the transaction history on your PlasmaPay Account. You should quote this transfer number when communicating with us about a particular payment order.
We will only process your payment order if we hold or have received sufficient cleared funds in your PlasmaPay Account. It is your responsibility to fund your payment order in a timely manner. We cannot be responsible for the time it takes for the funds to be sent to us by your bank or payment service provider.
We carry out verification checks, and these checks may increase the time it takes to process your payment order. We cannot be responsible for any delays as a result of carrying out those checks.
The estimated completion time of your payment order is notified to you when you complete the setup of your payment order.
We will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account or payment account within the timelines notified to you or otherwise specified in our regulations. We do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient.
If we are unable to complete your payment order, we will let you know and, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful.
You may cancel your payment order by following the instructions on the Site. You cannot cancel your payment order once your funds have been converted into the currency you requested.
You must make sure that the information you provide when setting up a payment order is accurate. If we have processed your order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake.
If you provide incorrect information with your payment order, we will use reasonable efforts to recover the funds for you and may need to charge you a fee for that.
We will let you know the exchange rate:
- when you place your payment order, if it is a guaranteed rate payment order; or
- when we have received your payment if it is a non-guaranteed rate payment order.
When we refer to an exchange rate in this Terms and other PlasmaPay regulations, it means the mid-market exchange rate at the relevant time for the relevant currency pair as provided by our reference rate partner. We may change our reference rate provider from time to time without notice to you.
For some currencies, we cannot use the mid-market exchange rate as we are required to use a different reference rate for the exchange rate for your currency pair. For these currencies, we will notify you of the reference rate used for the exchange rate when you place your payment order.
We offer automatically guaranteed rates on certain payment orders, which may be changed from time to time.
Customer funds. We treat funds received from you or held by us on your behalf in accordance with the requirements of this Terms and other PlasmaPay’s regulations.
Interest. You, the Customer, acknowledge and confirm that no interest will be received on the balance of your account.
Unclaimed. Customer funds: You agree that we may cease to treat your funds as Customer funds if there has been no movement on your balance for three years. We shall write to you at your last known address informing you of our intention of no longer treating your balance as Customer funds and giving you days to make a claim.
Liability and Indemnity. You agree that we shall not be liable for any default of any counter-party, bank, custodian or other entity which holds funds on your behalf or with or through whom transactions are conducted. The Company will not be liable for the loss suffered by you in connection to your funds held by us unless such loss directly arises from our gross negligence, willful default or fraud.
You agree to defend, indemnify and hold harmless PlasmaPay, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) any Customer content or feedback you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
Disclaimer of warranties
PLASMAPAY PROVIDES NO GUARANTEE AS TO THE PERFORMANCE OR THE UNINTERRUPTED AVAILABILITY OF THE SITE OR THE PLASMAPAY MATERIALS. THE SITE AND PLASMAPAY MATERIALS ARE PROVIDED ON AN “ASIS,” “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PLASMAPAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN. PLASMAPAY DOES NOT REPRESENT OR WARRANT THAT PLASMAPAY MATERIAL OR THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE PLASMAPAY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, PLASMAPAY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
PlasmaPay reserves the right to change any and all content contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by PlasmaPay.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Limitation of liability
IN NO EVENT WILL PLASMAPAY, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE PLASMAPAY MATERIALS OR THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY CUSTOMER ON ANY INFORMATION OBTAINED FROM PLASMAPAY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD (SUCH AS, BUT NOT LIMITED TO, FIRES, EXPLOSIONS, EARTHQUAKES, DROUGHT, TIDAL WAVES AND FLOODS), WAR, RIOT, ARSON, EMBARGOES, CIVIL COMMOTION, STRIKES, LABOR DISPUTES, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PLASMAPAY’S RECORDS, PROGRAMS OR SITE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF PLASMAPAY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU, IF ANY, TO PLASMAPAY FOR ACCESS TO OR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
To the extent allowable by law, We reserve the right to set-off any damages or amounts owed to Us by You for Your breach of this Terms or other obligations under this Terms against funds in Your Account.
Modifications to the Site
PlasmaPay reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that PlasmaPay will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
Applicable law and venue
You agree that the laws of the Estonia law will govern these Terms and to submit to the non-exclusive jurisdiction of the courts of Estonia for any suit, action or proceeding arising out of these Terms. The Contract and all its subsequent variations shall be subject to, governed by and interpreted in accordance with the laws of Estonia for every purpose.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PLASMAPAY AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
If a dispute arises between the Parties arising out of or otherwise relating to these Terms, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party must submit the issue to binding arbitration in accordance with applicable Arbitration Ordinance. Claims subject to arbitration (“Arbitral Claims”) shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by Us under applicable worker’s compensation law, unemployment insurance claims, intellectual property claims (including but not limited to claims involving copyrights, trademarks, patents, unfair competition, and/or trade secrets), along with actions (regardless of the underlying cause of action) by Us seeking injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Estonia, in a convenient location agreed to by the parties, or absent such agreement, selected by the Arbitrator. The arbitration shall be conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality.
The Arbitrator shall have no authority to award any punitive or exemplary damages, certify a class action, add any parties, or vary or ignore the provisions of these Terms. The arbitrators shall be bound by and apply the laws of Estonia to any dispute submitted for arbitration hereunder, and these Terms shall be interpreted in accordance with the laws of Estonia. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (days of the conclusion of the arbitration proceeding.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
The costs of arbitration shall be initially borne by the party initiating arbitration and later apportioned by the arbitrator. The arbitrator’s decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator’s award.
Termination and suspension
Notwithstanding any of these Terms, PlasmaPay reserves the right, without notice and in its sole discretion, to terminate or suspend your right to use the Site, and to block or prevent your future access to, and use of, the Site.
All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
PlasmaPay will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and PlasmaPay is not liable for any disruption or loss the Customer may suffer as a result. Thus, PlasmaPay does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
PlasmaPay will use reasonable endeavors to ensure that the Customer can normally access the Site in accordance with the Terms. PlasmaPay may suspend use of the Site for maintenance and will make reasonable efforts to give the Customer a notice. The Customer acknowledges that this may not be possible in an emergency.
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
In addition to applicable disclaimers stated above, PlasmaPay’s performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third-party software, or communication method interruptions.
Governing language and translation
Questions and contact information
Questions or comments about the Site or these Terms may be directed to PlasmaPay by sending a message via email or online chat.