Introduction
It is important to us that you, and our other users or members,
have the best possible time while using our site and services, and that when
you use this site you are fully aware of your respective legal rights and
obligations. For that reason, we have created these Terms of Service as the
legally binding terms to govern your use of this site and our services. Please
read these Terms of Service carefully before using the site because they affect
your legal rights and obligations.
All trades on this site are concluded solely between users of
the service, and while GekoBox.com may help in resolving disputes between the
parties, it does not itself become a party to such transactions, contracts or
relationships. GekoBox.com is a platform that provides service(s) enabling its
users to set up markets for peer-to-peer exchange by way of creating
advertisements for trades directed to other users.
These Terms of Service ("Agreement") form a
legal agreement covering the provision of GekoBox.com ("Gekobox.com"
or "GekoBox" or "us" or "our"
or "we") services ("service" or "services")
by Hadron Box Limited to you as an individual ("you" or "your").
Your use of the services will be governed by this Agreement, along with the
GekoBox.com Privacy Policy. Please read this Agreement carefully before using
GekoBox.com. By using the services, you agree to become bound by the terms and
conditions of this Agreement.
The Service operated by GekoBox.com allows all registered users
of the Service ("Members") to:
- transfer Bitcoins to you or other Members or other
users of Bitcoin outside the GekoBox.com website;
- use Bitcoins for purchasing goods, services or other
assets where applicable;
- by using GekoBox Services, you further represent and
warrant that;
- you are at least 18 (eighteen) years old;
- you have will, full power and authority to enter into
the Agreement;
- you agree to be bound by these Terms of Service, including
by their future amendments if any;
- you are acting in compliance with legislation of the
jurisdiction you operate in and with any other applicable legislation;
- in accordance with any law you have to comply with it
is not forbidden to use our Services;
- you will not use our Services for any purpose which is
unlawful or prohibited by the Agreement;
- you have not previously been suspended or removed from
using our Services;
- you have read, understand and completely agree to these
Terms of Service as a whole, and to each of their provisions separately;
- all your previous representations were made
responsibly, and you have fully understood the meaning of all sentences
and separate words.
Acceptance, Changes and Modification of Terms
GekoBox.com reserves the right to modify or
discontinue, temporarily or permanently, all or any part of this site and/or
any software, facilities and services on this site, with or without notice,
and/or to establish general guidelines and limitations on their use.
If you do not agree with any of these Terms of Service,
please do not use this site. By using this site or our services you will be
deemed to have irrevocably agreed to these terms and conditions. Please note
that these Terms of Service may be revised and reissued without notice at any
time. You should visit this page regularly, and before engaging in any trades
in particular, to review the current Terms of Service, since your continued use
of the site will be deemed as an irrevocable acceptance of any revisions.
Notwithstanding the above, we will strive to notify you of any changes to these
Terms of Service which significantly affect your rights and obligations. Such
notices will be sent to the email address you have provided us through your
account settings, and it is your responsibility to keep your contact
information up to date.
Location Restrictions
Services provided by GekoBox might not be
legally allowed in certain jurisdictions. By accepting these terms and
conditions you confirm that you are not a resident of a such jurisdiction.
Depending on your country of residence, you may not be able to use all the
functions of the Site. It is your responsibility to follow those rules and laws
in your country of residence and/or country from which you access this website
and services. As long as you agree to and actually comply with these Terms of
Use, GekoBox grants to you a personal, non-exclusive, non-transferable,
non-sublicensable and limited right to enter and use the website and the services.
User Account/Registration
To use our services, or to access this site or some of the
resources it has to offer, you may be asked to provide registration details to
register a user account ("account"). It is a condition of use
of this site and our services that all the details you provide are correct,
current, and complete. If we believe the details are not correct, current, or
complete, we have the right to refuse you access to the site, or any of its
resources, and to terminate or suspend your account.
You may only act on your own behalf. Your account may not be
used to act as an intermediary or broker for any person or entity.
You may only use your own account to trade at GekoBox.com and
you may only use one user account at a time for trading. You are responsible
for maintaining adequate security and control of any & all IDs, passwords,
personal identification numbers (PINs), or any other codes or credentials that
you use to access the services. You 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.
Your account must not contain misleading or fraudulent
information, including, but not limited to having a non-personal phone number,
creating fake reputation information for your account, faking your country of
origin or providing fraudulent identification documents.
We may at any time require you to complete our ID verification
process and may also require you to submit additional identification documents
to us if we deem it necessary. Failing to complete ID verification will be
considered a violation of this Agreement.
Finally, you agree that You will not use the Service to perform
criminal activity of any sort, including but not limited to, money laundering,
illegal gambling operations, terrorist financing, or malicious hacking. We will
not hesitate to report all criminal or suspected activities to the law
enforcement agencies.
Account Termination/Suspension
We use automated fraud and risk modeling when assessing the risk
associated with your account, your ads and your trades. If we find your account
to pose a fraud risk or a risk to GekoBox or our customers, the use of your
account and the service may be temporarily limited pending our manual review
and/or additional identity verification measures required from you.
Furthermore, we have the right to, at our sole discretion,
suspend, limit or terminate the use of your account and/or suspend the use of,
hide or remove any advertisements or other material you have submitted to the
services, if:
Our above right includes the right to limit access to your
account balance if pursuant to a court order or other legal process or
obligation, or if you have not completed the additional identity verification
measures we have requested from you, or if we have reason to believe that you
do not have the right to access or control the account or the Bitcoin funds on
that account.
If we determine that you have at any previous point in time
violated this Agreement or any other agreement that you have entered with us,
we will immediately close, suspend or limit your account and Bitcoin balance.
Although we reserve the right to terminate your use of the
services immediately and without hearing you in any of the above circumstances,
we wish to deal with such situations in a fair and proportionate manner.
Depending on our legal and contractual obligations, the urgency of the issue
and the way we decide to balance the interests requiring protection, we will
usually strive to inform and hear you before we take actions based on our
above-mentioned rights under this Section, particularly if it involves the
permanent termination of your account and/or any content or materials associated
with it. By using the services, however, you agree and acknowledge that this is
not always possible and that we are not in any circumstance liable for any
damage, losses, expenses or harm resulting from the use of our rights under
this Section.
- we have reason to believe that you have acted in
violation of these Terms of Service or that any content or material
submitted or shared by you in or through the services violates these Terms
of Service or the intellectual property rights, other property rights or the
right to privacy of any third party;
- we have reason to believe that your use of the services
is in violation of any applicable law or regulation, or that you are using
the services in a fraudulent manner or otherwise contrary to the purpose
of this Agreement;
- we have reason to believe that you have supplied false,
misleading or deceptive information in connection with your registration,
identity verification, transactions or any other use of the services,
either to us or to another user;
- you have not responded to our inquiries or supplied the
information requested by us within a reasonable period of time; or
- we are required to do so under any applicable law,
regulation or an order issued by an authority.
Transfer
of Rights and Assignment
GekoBox.com is entitled to transfer or assign
its rights and obligations under this agreement to any person either natural or
legal, at any time without notice to you. Such transfer or assignment however
may not affect your right or our obligations under this Agreement.
At the same time, you may not transfer or
assign any of your rights and / or obligations under this Agreement to any
other person.
Availability
All services are provided without warranty of any kind, either
express or implied. We do not represent that this Site will be available 100%
of the time to meet your needs. We will strive to provide You with the Service
as soon as possible but there are no guarantees that access will not be
interrupted, or that there will be no delays, failures, errors, omissions or
loss of transmitted information.
We will use reasonable endeavors to ensure that the Site can
normally be accessed by You in accordance with these Terms of Use. We may
suspend use of the Site for maintenance and will make reasonable efforts to
give you notice. You acknowledge that this may not be possible in an emergency.
Disputes
on Bitcoin Trades
If the buyer and seller are in disagreement over a trade, either
party or GekoBox.com may initiate a dispute. Disputed trades are resolved by
GekoBox.com support staff.
GekoBox.com support resolves disputes by carefully evaluating
the terms of trade, payment evidence, trade chat messages, user reputation,
other data submitted to us by our users and data collected by in accordance
with the Privacy Policy.
If the seller turns unresponsive, we will resolve the dispute to
the buyer if we are confident that the seller has received valid payment from
the buyer. If the buyer is unresponsive, the seller may dispute the trade and
we will resolve the dispute to the seller.
After the trade has been released by the seller, cancelled by
the buyer or automatically cancelled due to not being marked as paid, the trade
is considered finished and cannot be disputed, reversed or altered.
Providing fraudulent information or documents in a dispute or
making false claims or otherwise trying to force a certain outcome of a
disputed trade is considered a violation of this Agreement. If payment details
are provided outside of GekoBox platform, the dispute may be resolved without
taking the payment details into consideration.
APIs and
Widgets
We may provide access to certain parties to
access specific data and information through our API (Application Programming
Interface) or through widgets. We also may provide widgets for Your use to put
our data on your Site. You are free to use these in their original unmodified
state.
Fees/Charges
Registration or creating an account with GekoBox.com is free. However,
GekoBox.com users who create advertisements are charged a certain percentage(reviewable) upon
completion of trade.
GekoBox is entitled to charge its Users for each deal performed
using the GekoBox.com trading platform. GekoBox fees can be found in each
User’s profile.
It is deemed that the GekoBox fees as well as all Cryptocurrency
transaction fees related to delivering Cryptocurrency from Escrow address to
the Buyer’s address shall always be covered by the Advertiser.
At the same time:
- The Buyer acknowledges and agrees that he shall on his
own and at his own expense cover all expenses of whatsoever nature related
to delivering fiat money to the Seller.
- The Seller acknowledges and agrees that he shall on his
own and at his own expense cover all Cryptocurrency transaction fees
related to delivering Cryptocurrency to Escrow address.
Taking in account the fact that Cryptocurrency transaction fee
may vary from time to time and cannot be predicted, total fee (both GekoBox fee
and Cryptocurrency transaction fee) will be visible to both Parties only after
the Seller will deposit Cryptocurrency to the Escrow address.
Any amounts charged by us may be displayed to you on our site
prior to the transaction, submission of advertisement or other action or
service on which the fee is based. By engaging in or ordering any of the
afore-mentioned actions or services you will be deemed to have irrevocably
agreed to the applicable pricing.
Investment
Advice
We do not provide any investment advice in
connection with the Services contemplated by these Terms of Use. We may provide
information on the price, range, volatility of Bitcoins and events that have
affected the price of Bitcoins, but this is not considered an investment advice
and should not be construed as such. Any decision to purchase or sell Bitcoins
is Your decision and We will not be liable for any loss suffered.
System
Abuse
Without limitation, you agree not to, and not
to encourage or allow any other user of the services to
- use the services or the site (or any part of them) for
any illegal purpose;
- use the services in a manner which may cause the
services to be interrupted, damaged, rendered less efficient or such that
the effectiveness or functionality of the services is in any way impaired;
- attempt any unauthorized access to any part or
component of the services, bypass or break any security mechanism of the
services or use the services in any other manner that poses a security
risk to us or any of our users;
- misrepresent your identity or credentials, or use those
of another person, in engaging with us or any other persons on the site or
via the services;
- use the services to harvest or otherwise collect
information about others;
- use the services to engage in or in connection with
fraudulent activity;
- reverse-engineer the services to find limitations or
vulnerabilities;
- launch or facilitate, whether intentionally or
unintentionally, a denial of service attack on the services or engage in
any other conduct that adversely impacts the availability, reliability, or
stability of the services;
- send, create or reply to so called mailbombs (i.e.,
emailing copies of a single message to many users, or sending large or
multiple files or messages to a single user with malicious intent) or
engage in spamming (i.e., unsolicited emailing or messaging for business
or other purposes) or undertake any other activity which may adversely
affect the operation or enjoyment of this site by any other person;
- alter or modify any part of the site or the services;
or
- reproduce, sell, resell or otherwise exploit any resource,
or access to any resource, contained on this site.
Email, Posts and Security
Email messages sent over the Internet may not be
secure and GekoBox is not responsible for any damages incurred by the result of
sending email messages over the Internet.
The materials, information and opinions included and/or expressed in or on
the messages, feedback, advertisements or other pages on this site are not
necessarily those of GekoBox.com or its affiliated or related entities or
content providers. GekoBox.com is not responsible for monitoring or reviewing
the messages, feedback or advertisements and the content of the messages,
feedbacks or advertisements is not the responsibility of GekoBox.com. GekoBox
may remove or modify any content without notice or liability at any time in its
sole discretion. Any use of the messages, feedbacks, advertisements or any
other content on this site will be at your own risk and will be subject to the
disclaimers and limitations on liability set out above.
Online Payment Methods
GekoBox.com is not associated with any of the
trademarks which might appear visible in the Online Payment method lists or
advertisement details. Including, but not limited to Alipay, BPAY, Amazon Gift
Card Code, Apple Store Gift Card Code, Ebay Gift Card Code, iTunes Gift Card
Code, Walmart Gift Card Code, Google Wallet, Moneybookers / Skrill, Moneygram,
MoneyPak, M-PESA Kenya (Safaricom), M-PESA Tanzania (Vodacom), Neteller, OKPay,
Payeer, Paypal, Payza, Perfect Money, RIA Money Transfer, SolidTrustPay,
Western Union, Xoom, Yandex Money or any other payment method. GekoBox.com does
not itself support these payment methods or claim to be in partnership with
them. Also, services provided by GekoBox or GekoBox.com are not authorized,
approved, endorsed or sponsored by any of the payment methods listed above or
their respective trademark owners. Payment method listings are visible on
GekoBox.com for informative purposes only. Trademarks which might appear
visible on GekoBox.com website belong to the respective trademark owners alone.
Disclaimer of Warranties and Limitation of Liability
This site and the services are provided on an “as is” and “as available”
basis for your information and use without any representation or endorsement.
To the maximum extent permitted by applicable law, we make no warranties of any
kind, whether express or implied, in relation to the site or the services,
including but not limited to, implied warranties of satisfactory quality,
fitness for a purpose, non-infringement, compatibility, security, accuracy,
condition or completeness, or any implied warranty arising from course of
dealing or usage or trade.
To the maximum extent permitted by applicable law, we make no
warranty that the site or the services will meet your requirements or will be
uninterrupted, timely, secure or error-free, that defects will be corrected, or
that the site or the server which makes it available are free of viruses or
bugs or are fully functional, accurate, or reliable. We will not be responsible
or liable to you for any loss, destruction or alteration of content or material
as a result of uploading to or downloading from the site.
Notwithstanding any other provision in these Terms of Service,
nothing shall limit your rights as a consumer under mandatory provisions of
applicable consumer protection legislation.
If and to the maximum extent permitted by applicable law, we
will not be liable for:
- any economic losses (including without limitation loss
of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect or consequential losses,
howsoever arising
In any case, whether or not such losses were within the
contemplation of either of us at the date on which the event giving rise to the
loss occurred. Without limitation, you (and not us) assume the entire cost of
all necessary servicing, repair or correction or correction in the event of any
such loss or damage arising.
Nothing in these Terms of Service shall exclude or limit our
liability based on willful conduct or gross negligence. If and to the extent
applicable law does not allow the above limitations of warranty and liability,
such limitations shall not apply to you.
Indemnity
You agree to be fully responsible for (and
fully indemnify us against) all claims, liability, damages, losses, costs and
expenses, including legal fees, suffered by us and arising out of or related to
any breach of this Agreement by you or any other liabilities incurred by us
arising out of your use of the services, or use by any other person accessing
the services using your user account, device or internet access account; or
your violation of any law or rights of any third party.
How to Contact Us
This site is owned and operated by HADRON BOX
LIMITED, a Nigerian limited liability company. You can contact us at any time if you have questions relating to these
Terms of Use, your rights and obligations arising from these Terms and/or your
use of the Site and the Service, your Account, or any other matter. Please send
us any questions, requests, general correspondence, or notices under or in
connection with this Agreement, by contacting
our support. Particularly in
the case of sending any notices under this Agreement, please ensure that you
have received an acknowledgement from us, which we will aim to send to you
within couple of days of our receipt and should be retained by you.
By using the services, you agree that any
notice, disclosure, agreement or other communication that we deliver to you
electronically to the email address you have defined in your account settings
will satisfy any legal communication requirements, including that such
communications be in writing.
General
Our business model, and our Service, consists
of facilitating the buying, selling and trading of Bitcoins and their use to
purchase/exchange goods in an unregulated, international open payment system.
If We are
unable to perform the Services outlined in the Terms of Use due to factors
beyond our control including but not limited to an event of Force Majeure,
change of law or change in sanctions policy we will not have any liability to you
with respect to the Services provided under this agreement and for a time
period coincident with the event.
If any part of provision this Agreement is deemed unlawful, void
or for any reason unenforceable, then that provision shall be deemed to be
severable from this Agreement and shall not affect the validity and
enforceability of any of the remaining provisions of the Agreement.
This Agreement (as amended from time to time) contains the
entire agreement and understanding between us in respect of all matters which
are referred to herein and supersedes any prior written or oral agreement
between us relating to such matters. No oral explanation or oral information
given by either of us shall alter the interpretation of this Agreement. You
confirm that, in agreeing to accept this Agreement, you have not relied on any
representation that is not expressly included herein, and you agree that you
shall have no remedy in respect of any misrepresentation which has not become a
term of this Agreement. However, nothing in this Agreement purports to exclude
liability for any fraudulent statement or act.
The services are controlled and offered by us from Nigeria. We
make no representations that the services appropriate or available for use in
other countries. Users of GekoBox.com are themselves responsible for making
sure they are in compliance with legislation of the jurisdiction they operate
and reside in.