Terms & Conditions - Onboard

1. Declarations and basic information

These Terms and Conditions and any amendments and restatements hereof (the “Agreement”) form a legal agreement covering the provision of services from Onboard to you (“Transaction Partner”, “Merchant” or “User”), including offering a marketplace to enable you engage in the transaction of “Digital Assets” (such term to be broadly understood to include digital currencies such as Bitcoin, Tether, and others, supported by an Onboard Wallet) with others (the “Marketplace”).

The Agreement is a contract between you as an individual and Nestcoin Holdings Limited (“Nestcoin”, or the “Company”), a private limited liability company incorporated in the British Virgin Islands, with Registration Number 2074697, and shall apply to anyone who uses the Company’s affiliated product, Onboard.

By signing up to use an application account through onboard.xyz or any associated websites, APIs, or mobile applications, including any URLs operated by Onboard (collectively the “Onboard Website” or the “Website”), you agree that you have carefully and thoroughly read, understand, and accept all of the terms and conditions contained in this Agreement including our Privacy Policy. If you do not agree with any of the terms contained herein, kindly refrain from using the Onboard platform and Services.

Onboard reserves the right to update, revise, modify, or otherwise, reissue these terms without prior notice. The continued use of your Onboard account after any amendment to this Agreement constitutes your acceptance of the Agreement as modified by such amendment.

THE VALUE OF DIGITAL ASSETS CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING IN DIGITAL ASSETS. YOU SHOULD CAREFULLY CONSIDER WHETHER TRADING OR HOLDING DIGITAL ASSETS IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION.

2. About ONBOARD and its Services

Onboard is a platform that enables peer-to-peer fiat deposits and withdrawals for crypto Users. It is a marketplace to facilitate the purchase and sale of Digital Assets. Payment methods are negotiated and exchanged on a peer-to-peer basis between the buyers and sellers in the Marketplace. The platform offers hosted digital wallet services, holding and releasing Digital Assets as instructed upon completion of a purchase of Digital Assets and any other services described in this Agreement (collectively the “Services” and individually, a “Service”). Users agree upon which payment methods to use to complete a transaction and are fully responsible and liable for using such payment methods in a lawful manner. DISCLAIMER! ONBOARD IS ONLY A MARKETPLACE PLATFORM AND DOES NOT ACT AS A PAYMENT PROCESSOR. ALL LIABILITY FOR SENDING AND RECEIVING PAYMENT AND CONFIRMING THE VALIDITY OF THE TRANSACTIONS LIE BETWEEN THE USER AND THE TRANSACTION PARTNER/MERCHANT.

You hereby accept and acknowledge that you take full responsibility for all activities that occur under your wallet and accept all risks of any authorised or unauthorised access to your wallet, to the maximum extent permitted by law.

3. Definitions

The following terms shall be understood as follows:

Account – the User’s account created on its order on the basis of its personal data provided by the User and constituting a collection of data stored in Onboard’s Website and IT system concerning a given User, services providing for him, as well as the ordered, executed Transactions and concluded contracts.
AML / CTF risk assessment – evaluation as to whether transactions, behaviours, or a user create risks of laundering funds originating from illegal activities or financing of terrorism; performed by Onboard also with support from external service providers; as fulfillment of the obligation set forth guidelines published by international organizations and binding provisions of law.
Consumer – a natural person using the Website in a manner not directly related to its business or professional activity.
Customers - individuals who are interested in swapping their asset position (either Fiat or Crypto) for another
Cryptocurrency – a transferable property right which is neither legal tender, electronic money nor a financial instrument. The list of Cryptocurrencies whose turnover, deposits and withdrawals are allowed on the Website is published on the Website. The change of the list mentioned above shall not constitute a change of the Service Contract.
Delisting – removal of possibility to trade, deposit or withdraw of Fiat Funds or Cryptocurrencies on the Website. Delisting shall not constitute a change of the Service Contract.
Fiat Funds – traditional currencies, i.e. those commonly recognised by governments as legal tender. The list of Fiat Funds whose turnover, deposits and withdrawals are allowed by the Service is published on the Website’s pages. The change of the list mentioned above shall not constitute a change of the Service Contract.
Login Details – data given or determined by the User (including password and OTAC) enabling it to access the Account;
Platform - The Onboard Platform that enables the happening of the transaction.
Regulations – these Regulations, specifying, in particular, the principles of concluding remote contracts with or through Website as well as the principles of performance of these contracts, the rights and obligations of Onboard and the User, and the principles of complaint procedure.
Service – providing Users with an electronic platform for the exchange of information and concluding Transactions, as well as other actions of Onboard, enabling the operation and use of the Website.
Service Contract – the contract concluded between Onboard and the User, by acceptance of the Regulations by the User, which defines the principles of using the Services provided by Onboard by the User, the content of the Service Contract include: Regulations, table of fees and pricing posted on the Website in tab “fees”, KYC / CDD policy, privacy policy.
Transaction – the contract of sale of the Cryptocurrency in exchange for another Cryptocurrency or in exchange for the Fiat Funds, concluded by Users through the Website, as well as deposits and withdrawals made by the User.
Merchant/ Transaction Partner - An individual or business who has liquidity, either in Fiat or Crypto, with which he is able to meet requests of Customers, exchanging their asset holding with their desired asset which he holds.
User – an entity which uses the Website;
Website – Onboard’s webpage operating under the domain onboard.xyz with all its subpages and tabs.

4. Account & Registration

In order to use the Services, you will need to register an account through our Website. During the registration process, we will ask you for certain information, including but not limited to, your name, address and other personal information to verify your identity. We may, in our sole and absolute discretion, refuse to maintain an account for you. You hereby accept and acknowledge that you:
are of legal age in your respective jurisdiction to agree to this Agreement; and
have not previously been suspended or removed from using our Services.
By using your account, you agree and represent that you will use our Services for yourself and you may not use your account to act as an intermediary or broker for any other third party, person or entity. Unless expressly authorised by Onboard, you are only allowed to have one account and are not allowed to sell, borrow, share or otherwise make available your account or any detail necessary to access your account to people or entities other than yourself. You are solely responsible and liable for maintaining adequate security and control of any and all usernames, email addresses, passwords, two-factor authentication codes or any other codes or credentials that you use to access the Services. Your account must not contain misleading or fraudulent information. Creating false information for your account, falsifying your country of origin or providing fraudulent identification documents is strictly prohibited.
During the registration of your account, you agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services, which procedures may be modified as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, social security number, taxpayer identification number, and government identification. In providing us with this or any other information that may be required, you confirm that all of the information is true, accurate and not misleading. You agree to promptly keep us updated if any of the information you provide changes. YOU AUTHORISE US TO MAKE INQUIRIES, 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 DEEM NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES. WHEN WE CARRY OUT THESE INQUIRIES, 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 INQUIRIES IN FULL.
If you are using the Services on behalf of a legal entity such as a corporate entity, you further represent and warrant that:
the legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation; and
you are duly authorised by such a legal entity to act on its behalf.
You agree and acknowledge that as part of the onboarding flow for business/corporate Merchants, the authenticity of the documents submitted will be verified vis a vis that which is on the file of the requisite regulatory agency.
A corporate-verified account is specific to that legal entity and can only be used by the person who registered it. Corporate accounts are not allowed to be shared with or used by other individuals or entities.
You are solely responsible for creating a strong password and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access our Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorised access to your account by third parties and the loss or theft of any Digital Assets and/or funds associated with your account, including your linked payment methods.
You are solely responsible for keeping your email address, telephone number and other contact details up to date in your account profile in order to receive any notices or alerts that we may send you. You should never allow remote access or share your computer screen with someone else when you are logged on to your account. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Onboard and/or your failure to follow or act on any notices or alerts that we may send to you.
To use our Services you may need to fulfill certain legal obligations in your country and/or state of residence. By accepting these terms in this Agreement, you confirm that you have reviewed your local laws and regulations and that you are aware of, and fulfill, any and all such obligations. Due to legal or regulatory prohibitions, we do not offer the use of our Services in certain jurisdictions. By accepting the terms in this Agreement, you confirm that you are not a resident or governed by the laws and regulations of those jurisdictions.
We may not make all of the Services available in all markets and jurisdictions and may restrict or prohibit use of all or a portion of the Services from certain jurisdictions (“Restricted Jurisdictions”). At this time, Restricted Jurisdictions include those that are identified on our List of Banned Countries”, You must not attempt to use our Services if you are located in any of those Restricted Jurisdictions. You must not attempt to circumvent any restrictions imposed via the Services, such as by obscuring your IP address or submitting any inaccurate information regarding your location.
Onboard points out and warns that the main threat to every Internet User, including persons using services provided electronically, is the possibility of “infecting” the IT system by various types of software created mainly to cause damage, such as viruses, Worms or Trojans. In order to avoid the risks associated with this, including those that occur when you open an email, it is important that you provide a computer which uses an Internet connection with an antivirus programme and constantly update it by installing the latest versions of the software as soon as they are available on the market. Onboard also informs that particular threats related to the use of electronic services are related to the activities of so-called hackers, aimed at breaking into both the Onboard system (e.g. attacks on its website) and your system.
The Services are provided by Nestcoin, a legal entity of the British Virgin Island. Onboard is not a registered, regulated financial institution subject to State supervision.
your ability to use the Services offered by Onboard may depend on your country of citizenship, residence or stay. The list of countries with excluded access to the Services is published and updated on the Website. The change of the list mentioned above shall not constitute a change of this Terms and Conditions.
You are obliged to establish legal regulations specifying your tax obligations and methods of payment to the right tax office authority. Service Provider is not responsible if and how the transaction is taxed.
You acknowledge that Transactions are executed on the Website with other Users of the Website (or with Onboard acting as a User) except where the description of the service offered on the Website explicitly states otherwise (for example as with OTC transactions).
You understand and acknowledge that nothing contained on the Website or Onboard’s social media pages constitute a solicitation, recommendation, endorsement, or offer by Service Provider or any third parties to buy or sell any Fiat Funds, Cryptocurrencies nor other financial instruments by the User or any persons. Neither Service Provider nor its affiliates provide any investment recommendations in connection with Website’s operation, nor do they give any advice or offer any opinion with respect to the suitability, profitability or appropriateness regarding any investment, Fiat Funds or Cryptocurrencies. You are responsible for determining whether an investment strategy is suitable for you. All transactions will be done only on your order.
You should consult with an attorney, financial advisor, or other investment professional to determine what may be best for your individual needs. Onboard does not make any guarantee or other promises as to any results that may be obtained from using its content.
Buying and selling cryptocurrencies involves inherent financial risk and no one should make any investment decision without first consulting his or her own financial advisor and conducting his or her own research and due diligence. To the maximum extent permitted by law, Onboard disclaims any and all liability in the event any information, commentary, analysis, opinions, advice and/or recommendations prove to be inaccurate, incomplete or unreliable or result in any investment or other losses. Your use of the information on the Website or materials linked from the Website is at your own risk.

5. Types and scope of the services

Services provided by Onboard through the Website consist in providing the Users with an electronic platform for exchanging digital assets.
For proper use of the Website, it is necessary to have a device with Internet access supported by a web browser (e.g. Chrome, Mozilla) and access to Java Script and Cookies files in the browser.
Onboard is entitled to introduce changes in technical and technological requirements necessary to use the Website by providing information about such a change to the User’s email address provided during registration of the Account. A change in technical or technological requirements does not constitute a change of the Regulations.
Services are provided exclusively for the benefit of:
natural persons with full legal capacity, i.e. those over 18 years of age and who have not been entirely or partially incapacitated;
other legal entities with legal capacity on the basis of separate provisions.

6. Transactions

The Website allows Users to solicit offers to buy or sell Digital Assets.
When a User initiates a transaction for the purchase or sale of Digital Assets, the transaction is consummated pursuant to this Agreement and to the additional terms, if any, detailed by the User or the User’s counterparty. A step-by-step guide on buying and selling Digital Assets on the Onboard Marketplace can be found at onboard.xyz.

The following general terms apply to each transaction described below:

Buying Digital Assets via soliciting an offer. When purchasing Digital Assets on the Onboard Marketplace:
Offers from Onboard counter parties have their own terms and conditions and each offer will vary in exchange rate, speed of exchange, and other terms and conditions imposed by a Transaction Partner/Merchant. By accepting a Transaction Partner’s offer, you agree to be bound by the terms and conditions of that offer. The terms and conditions specified by the Transaction Partner are valid in all cases except when they contradict or violate this Agreement, are illegal, are unreasonable or otherwise difficult to comply with (as determined in Onboard’s sole and absolute discretion), or if both Users of the transaction consent to alter the terms and conditions of such offer. IT IS YOUR RESPONSIBILITY TO CAREFULLY READ THE TRANSACTION PARTNER’S OFFER TERMS AND CONDITIONS AND FOLLOW THEM EXACTLY. IF YOU DO NOT FOLLOW THE OFFER TERMS AND CONDITIONS, YOUR PAYMENT WILL NOT BE ACCEPTED. NEVER SUBMIT PAYMENT UNLESS YOU HAVE FOLLOWED ALL TERMS AND CONDITIONS LISTED IN THE OFFER. IF YOU SUBMIT PAYMENT WITHOUT FOLLOWING THE TERMS AND CONDITIONS, Onboard CANNOT ASSIST YOU IN A DISPUTE PROCESS TO RECOVER YOUR PAYMENT.
Payment verification and providing instruction to unlock Digital Assets from Onboard Escrow are the sole obligations of the Transaction Partner and not that of Onboard. If the Transaction Partner does not release the Digital Assets to you upon proper completion of the Transaction Partner’s terms and conditions, promptly report the issue via the designated dispute button within the particular transaction chat. Onboard support will review and settle the dispute. This dispute resolution process is further described below in “Disputing Transactions Via Onboard’s Dispute Resolution Process.” If you do not follow this dispute resolution process, Onboard will be unable to assist you with this matter.
Selling Digital Assets. When selling Digital Assets on the Onboard Marketplace:
Transaction Partners must verify and process the payment in a reasonable amount of time, and within a certain amount of time as specified in the offer terms. Once the Buyer has submitted payment to you in accordance with the offer terms, it is your sole duty and responsibility to promptly verify and process the payment and then unlock the Digital Assets from Onboard Escrow and release it to the Buyer. If you do not follow the instructions on the offer, you may not be entitled to a return of your locked Digital Assets.
Transaction Partners must verify and process the payment in a reasonable amount of time, and within a certain amount of time as specified in the offer terms. Once the Buyer has submitted payment to you in accordance with the offer terms, it is your sole duty and responsibility to promptly verify and process the payment and then unlock the Digital Assets from Onboard Escrow and release it to the Buyer. If you do not follow the instructions on the offer, you may not be entitled to a return of your locked Digital Assets.
As a Transaction Partner you accept all risks and liabilities for any violation of this Agreement incurred through the sale of Digital Assets. All taxes to be paid are your responsibility. Onboard charges a fee to you as the Transaction Partner of Digital Assets for locking Digital Assets in Onboard Escrow subject to a sale. Unless determined otherwise in Onboard’s sole and absolute discretion, Onboard shall not reimburse any losses to the Transaction Partner whether due to a violation of this Agreement, fraud or otherwise and our fee will not be refunded under any circumstances.
Any payment received should be fully processed and confirmed as received by you before unlocking the Digital Assets from Onboard Escrow. Onboard is not responsible for your loss if you prematurely unlock Digital Assets before payment has been properly verified and received by you. You must be attentive and responsive to your Buyer. You should deactivate any inactive advertisements.
Any advertisement of your own website in any section of Onboard’s Marketplace (such as your bio, offer terms or transaction chat) that would facilitate buying or selling Digital Assets outside of Onboard’s Services is strictly prohibited. In limited instances, it is permissible to share your website that is created solely for the Transaction Partner to receive payment in order to complete the transaction (i.e. trusted third party debit/credit card processing) in the transaction instructions; provided that the use of such external websites are made clear in the offer terms and such websites may not contain any other advertisements or your contact information.
Onboard and its Services are not affiliated or associated with, nor endorsed or sponsored by any third party, including but not limited to any gift card issuer. Designated trademarks, brands, and other identifiers are solely the property of their respective owners. Onboard and its Services are not endorsed, sponsored, associated or affiliated in any way by or with such owners.
Onboard is not a licensed gift card vendor or authorised dealer of any gift card issuer. Any gift cards you receive directly from a User using the Onboard Marketplace are subject to the terms and conditions of the third-party merchant with whom it is redeemable (“Issuer”). Onboard is not responsible for the acts or omissions of any Issuer(s), or any fees, expiration dates, penalties or terms and conditions associated with the Issuer’s gift card received using the Onboard Marketplace. By receiving the gift card from a User, you acknowledge that you have read the gift card’s terms and conditions and represent to Onboard that you are eligible to use such gift cards under the gift card Issuer’s terms and conditions, or under applicable law.
BROKERING OR RESELLING OF GIFT CARDS IS STRICTLY PROHIBITED ON OUR WEBSITE AND MARKETPLACE. YOU MUST BE THE RIGHTFUL OWNER OF THE GIFT CARD AND AT ONBOARD’S REQUEST YOU AGREE TO PROVIDE ONBOARD WITH VALID PROOF OF OWNERSHIP OF YOUR GIFT CARD (SUCH AS A RECEIPT). ONBOARD MAKES NO CLAIM, REPRESENTATION OR GUARANTEE THAT ANY THIRD-PARTY PAYMENT METHODS ON THE WEBSITE PERMIT TRANSACTIONS VIA ONBOARD’S SERVICE, OR THAT ANY THIRD-PARTY PAYMENT METHODS ON OUR WEBSITE SUPPORT OR ARE SUPPORTED BY OUR SERVICES. YOU SHOULD NOT USE SUCH THIRD-PARTY PAYMENT METHODS WITH ONBOARD IF SUCH THIRD-PARTY DOES NOT PERMIT IT
YOU ARE WHOLLY RESPONSIBLE TO COMPLY WITH ALL LAWS AND REGULATIONS FOR THE JURISDICTION(S) IN WHICH YOUR TRANSACTION TAKES PLACE.
All transactions must take place within Onboard. Taking transactions outside the Onboard platform or exchanging external contact details are strictly prohibited.
Transfer Limitations. We may, in our sole discretion, impose limitations or restrictions on the size, type, or manner of any proposed transfer transactions, such as a limit on the total amount of Digital Assets that may be posted for sale.
No Guarantee. Onboard does not guarantee that you will be able to sell Digital Assets on its Marketplace. The act of buying or selling Digital Assets via Onboard’s Marketplace does not guarantee that you will be able to buy or sell Digital Assets via the Marketplace at a later time.
Relationship. Nothing in this Agreement is intended to nor shall create any partnership, joint venture, agency, consultancy or trusteeship, between you and Onboard, being with respect to one another independent contractors.
Accuracy of Information. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that Onboard is not responsible for any errors or omissions that you make in connection with any transaction initiated via the Services, for instance, if you mistype a Wallet address or otherwise provide incorrect information. We strongly encourage you to review your transaction details carefully before completing them via the Services.
No Cancellations or Modifications; Wallet Activities. Once transaction details have been submitted to the digital currency network via the Services, Onboard cannot assist you with cancelling or otherwise modifying your transaction. Onboard has no control over any digital currency network and does not have the ability to facilitate any cancellation or modification requests. Onboard does not store or custody any locked Digital Assets. Digital Assets are always recorded on their respective networks or blockchains. All digital currency transactions occur within the digital currency network, not on Onboard. There are no guarantees that the transaction will process on the digital currency network. Onboard reserves the right to refuse to process any transaction if required by law or if we deem the transactions to be against our terms and conditions in this Agreement. You hereby accept and acknowledge that you take full responsibility for all activities that occur under your Wallet and accept all risks of any authorised or unauthorised access to your Wallet, to the maximum extent permitted by law.
Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Onboard is not responsible for determining whether taxes apply to your digital currency transactions or for collecting, reporting, withholding or remitting any taxes arising from any digital currency transactions.
User Reputation. When you engage in a Transaction, we allow other Users to provide feedback on their interaction with you. We also permit Users to file reports if the Users believe you have violated this Agreement in any way. These reports are confidential, but we may use them in connection with a dispute as described in Section 8.
Transaction History. You may view your transaction history through your Account. You agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such transaction.

7. Deposits and withdrawals of cash funds and cryptocurrencies

The User may order the withdrawal of Fiat Funds or Cryptocurrencies available on its Account.
The time between ordering the withdrawal, withdrawing Cryptocurrency or Fiat Funds and time of the entry on the Website’s Account or withdrawal on the bank account or User’s addresses depends on the kind of Cryptocurrency or Fiat Funds, and is not up to Onboard.
Service Providers can amend the minimum and maximum value of deposits, payments and withdrawals due to the change of a User’s verification standards or AML/ CTF risk assessment. Such changes can be made individually.
Withdrawals of the Fiat Funds and Cryptocurrencies will be implemented only after the User has provided the necessary data required by Onboard if the nature, purpose and the AML / CTF risk assessment of the ordered Transaction does not raise any doubt.
Onboard shall implement the withdrawal of the Fiat Funds or Cryptocurrencies to the accounts belonging to and indicated by the User. Information about the owner of the bank account used for withdrawals of Fiat Funds has to be identical with those provided to Onboard as personal data of User.
Delisting of a Fiat Fund shall take place only if technical, economical or business conditions deem it impossible or not cost-effective to sustain such Fiat Fund.
Delisting of any Cryptocurrency shall take place at the sole discretion of Onboard. In particular, Onboard shall not be obliged to state its reasons for Delisting of a Cryptocurrency.
Onboard shall announce the plan to Delist a Cryptocurrency or Fiat Fund at least one week (7 days) in advance. After this period it will be no longer possible to create new orders involving said Cryptocurrency or Fiat Fund and all existing orders will be cancelled. The announcement described in the previous paragraph shall be made via e-mail sent directly to the User and by publishing information on the Website.
Users are obliged to order the withdrawal of delisted Cryptocurrency or Fiat Fund, within 1 month from the announcement of Delisting.
The deadlines described in point m below may be shortened due to extraordinary circumstances beyond Service Provider’s control, for which it is not responsible for, such as blockchain damage or risk of termination of bank relationship providing possibility to deposit Fiat Funds.
Delisted Cryptocurrency that cannot be withdrawn by you due to objective technical impossibilities (like the liquidation of the Cryptocurrency’s blockchain) shall be deleted. In such cases your right to claim the equivalent of Delisted Cryptocurrency is excluded.
Onboard may decide, upon its discretion, to delist a particular trading pair without Delisting a Cryptocurrency or Fiat Fund. Such delisting of a trading pair shall be announced two weeks (14 days) in advance. After this period, it will no longer be possible to create new orders involving said pair and all existing orders will be cancelled. Delisting of trading pairs shall not constitute a change of the Service Contract.
Service Provider shall not be liable for damages or any loss incurred by the User in connection with the Delisting of Cryptocurrency or Fiat Fund (and deposits made in accordance with point g and h above) or delisting of trading pairs.

8. Onboard’s rights related to the implementation of a transaction and related to the operation of the website

Onboard is entitled to additional rights in case it suspects that the Transaction ordered by User or any other activity of Users within the Website might be related to committing a crime, money laundering, terrorist financing, violation of the provisions of the Regulations, legal provisions or good morals:
the right to terminate the User Account;
the right to refuse or stop execution of the Transaction;
the right to withdraw the Transaction executed;
the right to perform additional verification of the User by requesting the presentation of relevant documents or information.
Onboard is entitled to block the right to execute Transactions and deposit or withdraw of User’s Cryptocurrencies and Fiat Funds if:
legal regulations obliged Service Provider to do so;
it is justified with AML / CFT risk assessment;
User has not respected his duty to present additional, unambiguous documentation or information on the demand of Service Provider due to the Regulations;
User’s country of stay, country of citizenship or country of residence, is on the list of countries excluded from providing Services in accordance with the information published on the Website.
Due to the necessity of ensuring safety and the highest quality of the Services provided, Onboard is entitled to the following rights:
the right to suspend the activity of the Website for the time of updating the software or for the time needed to repair the technical failure – if this is possible in a given case, Onboard will notify the Users on the Website about the planned technical interruption, sufficiently in advance;
the right to discontinue the provision of the Services within a specified geographical area or within all geographical areas;
the right to exclude certain types of Transactions from;
the right to withhold the possibility of registering new Users.
Onboard may exercise several of the rights specified in this paragraph simultaneously

9. Complaints

The User has the right to submit a complaint in connection with improper operation of the Website, including improper implementation of Transactions.
A complaint may be reported by sending an e-mail to the address provided by Onboard on the Website, via the Website or in writing to the address of Onboard’s registered office.
A complaint shall include:
data enabling identification and contact with the User;
a description of the action or omission in question;
the manner in which the User would like Onboard to consider the complaint;
any other information the User considers relevant.
Within 1 working day, acceptance of the complaint for consideration will be confirmed by Onboard.
Complaints will be considered on the basis of information provided by the User.
Complaints shall be considered immediately, but not later than within 72 hours from the date of delivery of the complaint to Onboard. Within this period, Onboard will propose via e-mail or the Website:
to accept the complaint in the manner requested by the User;
to reject the complaint together with the reasons for such a decision; or
alternative handling of the complaint.
If the complaint is more complex and cannot be solved within 72 hours from receipt of the complaint, Onboard will inform the User about causes of the delay and provide information about projected time necessary to respond to a complaint.
After receiving the proposal specified above, the User has 3 working days. Failure to reply within the above deadline shall be deemed a withdrawal of the complaint and it shall be assumed that Onboard does not bear any responsibility towards the User in relation to the subject matter of the complaint. Acceptance or rejection of Onboard’s proposal by the User after the deadline may be treated by Onboard as submitted on time.
If the User rejects Onboard’s proposal within 3 working days, the User is entitled to submit a justification for rejection – in such a case the procedure described in sec. 2-6 shall be applied accordingly. Failure to state reasons for such rejection within the aforementioned period shall be deemed to constitute withdrawal of the complaint and it shall be assumed that Onboard does not bear any responsibility towards the User in relation to the subject matter of the complaint.
An offer of the alternative handling of the complaint described in sec. 6 point (iii) above, shall be binding for the User only if it accepts its content by following the instructions provided by Onboard within the time limit set. No offer under paragraph 9 shall constitute any acknowledgement by Onboard of any misconduct or responsibility related to the subject matter of the complaint. Each acceptance by the User of the offer of alternative handling of a complaint shall constitute an acceptance that the complaint will be resolved in a specified manner, and an obligation that the User waives all claims resulting from it.

10. Intellectual property

Onboard is a registered trademark.
All graphics, animations, texts and other content, including functionality, distribution and location of specific elements used on Website are law protected copyright works.
You are entitled to use the works within the scope of permitted private use provided by legal provisions.
Use beyond the permitted private use requires the prior consent of Onboard.

11. Terms and Conditions of termination of the service contract

The Service Contract shall be terminated:
upon the User’s request;
by Onboard – by notice in cases specified in the Regulations.
The User being a Consumer has the right to withdraw from the Service Contract without giving a reason within 14 days from the date of conclusion of the Contract by submitting a notice of withdrawal. By accepting the Regulations, the User agrees that the use of the Services before the expiry of the above-mentioned term is tantamount to the expiration of the right of withdrawal from the contract.
The User is entitled to terminate the Service Contract within a 30 days’ notice period by submitting a notice of termination of the Service Contract to Onboard. The period of notice shall be calculated from the date of withdrawal of all funds by the User located on his Account. If it is impossible to withdraw or return all funds, the notice period shall be calculated from the last day of the month when the termination notice was provided by the User.
Onboard may terminate the Contract with the User by sending to the User’s email address a notice of termination of the Service Contract with 30 days’ notice period.
In the event of termination of the Service Contract by either party, the User is obliged to withdraw all Fiat Funds or Cryptocurrencies available on the User’s Account. In case of failure to do so within 10 days, Onboard has the right to return funds in accordance with Regulations.
Upon the User’s request, in the time specified in point 3 above, Onboard shall also delete all personal data concerning the User, excluding the data which Onboard is obliged to store in accordance with the applicable provisions. The User’s request to delete personal data is tantamount to termination of the Service Contract by the User.
Withdrawal of funds by the User after issuing termination notice is free, regardless of the current fees and pricing.
After termination notice provided by any party, User can no longer make any deposits.
In case of termination of the Service Contract due to the change of the Regulations, within 14 days from the day the change was published, but no later than 7 days from the day it entered into force, previous Regulations shall apply until the end of the notice period.

12. Exclusion of Onboard’s liability

In particular, Onboard shall not be liable for:
losses incurred by the User resulting from effectively implemented Transactions;
consequences related to the loss or making available of the Login Details by the User to third parties;
incorrect entering of data by the User into deposit or withdrawal of the Fiat Funds or Cryptocurrencies;
effects of events beyond Onboard’s control, i.e. software errors, interruptions in the Internet access, power cuts, hacking attacks (despite maintaining adequate measures described on the Website), etc.;
deletion of data entered by the Users into Onboard’s IT system from IT systems beyond Onboard’s control.
In the event of a dispute between You and another User, You shall indemnify Onboard and Onboard’s service providers against all claims and claims for damage (actual or lost benefits) of any kind resulting from or in any way related to such disputes.
The User undertakes to indemnify Onboard and Onboard’s service providers from all claims and to repair any damage (including the costs of legal assistance, any fines, fees or penalties imposed by any state authorities) resulting from or related to the User’s violation of these Regulations or infringement of legal provisions or rights of third parties.
Neither Onboard nor its service providers shall be liable towards the User for amounts exceeding the amounts operated at the time of their deposit in the Account by the User or execution of the Transaction by the User.
The liability of Onboard and its service providers towards the User is limited to the value of a given Transaction expressed in a given currency or Cryptocurrency. Liability for lost profits is excluded, and liability for any other damage (actual, direct, indirect, intangible, etc.), regardless of whether it results from the contract, tort, negligence, etc., resulting from or related to the authorised or unauthorised use of the Website is limited to the value of funds provided by the User for the execution of a given Transaction subject to the preceding section.
Specifying the preceding section, by way of example (and without limiting the scope of the previous section): If the User claims that Onboard has not properly executed a purchase or sale transaction, the total of the User’s damage is limited to the value of the funds provided by the User, and that the User cannot recover lost profits, lost business opportunities, etc. Where the applicable legal jurisdiction does not allow for exclusion or limitation of lost profits, the above limitations may not apply.
Onboard makes no declarations or assurances that access to the Website or Services in any part of it or any materials contained therein will be uninterrupted, timely or error-free. To the maximum extent permitted by applicable law, Onboard, in particular, excludes all implied guarantees regarding the availability of the Service, its fitness for a particular purpose and its integrity.
Onboard does not provide any assurances or guarantees as to the accuracy or completeness of historical data concerning the price of Cryptocurrencies available on the Website.
Onboard will endeavour to process the requests for a Transaction with bank accounts or credit cards without undue delay, but Onboard does not provide any assurances or guarantees regarding the time needed to complete the processing of such Transactions, which is dependent on many factors beyond Onboard’s control.
Onboard shall not be liable for any actions or consequences of force majeure, i.e. for events beyond Onboard’s reasonable control which occurred without fault of Onboard, including, in particular: embargoes, governmental restrictions, riots, insurrection, wars or other acts of war, acts of terror, social unrest, rebellion, hacking attacks (including DDoS attacks, data theft or destruction), fires, floods, vandalism or sabotage.
Onboard shall exercise the utmost care in order to protect the Website and User’s funds against undesirable interference by third parties. The security measures taken are described in the Security Policy, the content of which the User has read and accepts – considering the security measures taken by Onboard are sufficient.

13. Personal data and Privacy Policy

The principles of personal data processing by Onboard and regulations concerning the Privacy Policy and Cookies are contained in the Privacy Policy published on the Website.

14. Changes of the Regulations and other provisions binding the users

The Terms and Conditions and other provisions binding the Users, including tables of fees and pricing, may be subject to change.
The User is entitled to submit a declaration of refusal to accept the new provisions within 14 days from the date of publishing changes, and no later than 7 days from when the new provisions enter into force. Submitting the aforementioned declaration is tantamount to the User’s termination of the Service Contract.
Failure to submit a declaration of refusal to accept the new provisions shall be construed as consent to be bound by the changed provisions.
Transactions ordered prior to the effective date of the changes shall be implemented in accordance with the wording binding on the day of the order for the Transaction.

15. Jurisdiction, Arbitration & Severability

This Agreement and your use of the Website and Services shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to principles of conflict of laws.
Arbitration. You and Onboard agree that any dispute arising out of or relating to this Agreement or the Services, shall be finally settled in binding arbitration, on an individual basis, in accordance with the British Virgin International Arbitration Centre Rules (accessible at BVI IAC 2021 Rules) Subject to applicable jurisdictional requirements, consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis.

CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS WILL ONLY BE BROUGHT ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND Onboard ARE EACH WAIVING ANY RIGHT TO A TRIAL BY JURY AND YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST ONBOARD

The arbitration will be conducted by a single, neutral arbitrator and shall take place in British Virgin Islands, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be entered as a judgement and enforced in any court of law. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. Each party will be responsible for any other fees or costs, such as attorney fees that the party may incur.3. If any part of this Agreement is held by any arbitrator or court of the British Virgin Islands to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. Any headings contained in this Agreement are for informational purposes only and are not enforceable provisions of this Agreement.

16. General provisions

We reserve the right to amend, modify, change or revise this Agreement at any time, in our sole and absolute discretion and without prior notice. Any such changes in respect of your use of the Services will take effect when posted on the Onboard Website and not retroactively. If you have supplied us with an email address, we may also notify you by email that the Agreement has been revised. If you do not agree to the terms of the revised Agreement, your sole and exclusive remedy is to promptly terminate your use of the Services and close your account.
It is your responsibility to read the Agreement carefully and periodically review this Agreement as posted on the Onboard Website. Your continued use of the Services shall signify your acceptance to be bound by the then-current Agreement.
Failure or delay by Onboard in enforcing or partially enforcing any provision of the Agreement shall not be construed as a waiver of any of our rights or remedies.

17. Release of Onboard & Indemnity

If you have a dispute with one or more Users of our Services, you release Onboard, its affiliates and service providers, and each of its or their respective officers, directors, employees, agents and representatives, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Onboard, its affiliates and each of its or their respective officers, directors, employees, agents and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

18. Updating your Information

It is your responsibility to provide us with true, accurate and complete personal details, and to keep such information up to date. You may update your information by logging into your account and visiting account settings or by contacting our support team via email at support@onboard.xyz.

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