THE LONDON CRYPTO EXCHANGE USER AGREEMENT
This is a contract between you and each of:
- THE LONDON CRYPTO EXCHANGE Ltd (“TLCX”), a private limited company incorporated in England and Wales with company number 12128325 and whose registered office is 20-22 Wenlock Street, London N1 7GU, United Kingdom; and
References in this Agreement to “TLCX”, "we", "our"or "us", are to THE LONDON CRYPTO EXCHANGE depending on the context, and references to "you"or "your"are to the person with whom TLCX enters into this Agreement.
*You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial. Digital Currency Services are not currently regulated by the Financial Conduct Authority or any other regulator. You should therefore carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition. *
[Last updated: August 10th, 2019]
- TLCX SERVICES.
1.1 We provide a service that is educational in line with all Crypto, DeFi, Metaverse, NFTs and DAOs in the form of our opinions and the opinions of the news sources that we acquire news from.
1.2 We do not offer any form of financial advice or investment advice, what you see on here is our opinion and the opinion of our team and our news sources.
1.3 When you register for an account with us you are doing so to receive our newsletters and updates via our email service and all our online media.
2. Safety and Security of Your Computer and Devices.
TLCX is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. TLCX customer support will never ask to screen share or otherwise seek to access your computer or account; similarly, we will not ask for your two factor authentication codes. Always log into your TLCX Account through the TLCX Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
2.1. No Liability for Breach. We are not liable for any breach of the Agreement where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
3. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION
3.1. Contact TLCX. If you have any feedback, questions, or complaints, contact us via our contact webpage at https://thelondoncryptoexchange.co.uk or write to us at TLCX Customer Support, 20-22 Wenlock Street, London N1 7GU, United Kingdom.
When you contact us please provide us with your name, address, and any other information we may need to identify you, your TLCX Account, and the transaction on which you have feedback, questions, or complaints.
3.2. Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via our contact webpage. A Customer Complaints officer ("Officer") will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided and any information provided by TLCX. Within 15 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an e-mail ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to your complaint within 15 business days for reasons beyond TLCX's control, the Officer will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint.
4. DATA PROTECTION.
4.1. Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement, or the TLCX Services. Accordingly, you represent and warrant that:
- your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
5. GENERAL TERMS AND CONDITIONS.
5.1. Limited License. We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the TLCX Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the TLCX Site or Content is expressly prohibited and all other right, title, and interest in the LBX Site or Content is exclusively the property of TLCX and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “thelondoncryptoexchange.co.uk”, "TLCX", and all logos related to the TLCX Services or displayed on the TLCX Site are trademarks or registered marks of TLCX or its licensors. You may not copy, imitate or use them without our prior written consent.
5.2. Website Accuracy. Although we intend to provide accurate and timely information on the TLCX Site, the TLCX Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the TLCX Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the TLCX Site.
5.3. Third-Party Applications. In order to access TLCX Services users are required to provide an email address and create a password. TLCX offers second factor authentication via a user's mobile device (Short Message Service, SMS, or a supported Time-based One Time Password, TOTP, application). A verified phone number is required to enable second factor authentication via SMS. Users are responsible for keeping electronic devices through which TLCX Services is accessed safe and maintaining adequate security and control of any and all security details that are used to access the TLCX Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user's TLCX Account by third-parties. Users must keep security details safe at all times. For example, passwords and TOTP authentication seeds be safeguarded and not shared or made visible to others. TLCX strongly recommends the use of password and second factor protected password managers to safeguard login credentials and Personal Identification Numbers, PINs, and/or biometric authentication features to safeguard second factor generating mobile devices.
5.4. Prohibited and Conditional Use. In connection with your use of the TLCX Services, and your interactions with other users and third parties, you agree to comply with the TLCX Policy on Prohibited Use, Prohibited Businesses and Conditional Use.
11.8. Privacy of Others; Marketing. If you receive information about another user through the TLCX Services, you must keep the information confidential and only use it in connection with the TLCX Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effect a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the TLCX Services.
11.9. Password Security. In order to access TLCX Services you will be required to create or be given security details, including a username and password. You are responsible for keeping the electronic device through which you access TLCX Services safe and maintaining adequate security and control of any and all security details that you use to access the TLCX Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is encrypted and password protected. Any loss or compromise of your electronic device or your security details may result in unauthorised access to your TLCX Account by third-parties and the loss or theft of any E-Money, Digital Currency and/or funds held in your TLCX Account and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.
11.10. Security Breach. If you suspect that your TLCX Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or TLCX (together a "Security Breach"), you must notify TLCX Support as soon as possible by email free of charge at email@example.com and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
11.11. Contact Information. You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breach).
11.14. Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire agreement between you and TLCX.
11.15. Interpretation. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
11.16. Transfer. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving TLCX, provided that this transfer or assignment does not materially impact the quality of the TLCX Services you receive.
11.18. Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
11.19. Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
11.20. Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
11.21. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the sections relating to suspension or termination, TLCX Account cancellation, debts owed to TLCX, general use of the TLCX Site, disputes with TLCX, and general provisions, will continue to be binding and operate after the termination or expiration of this Agreement.
11.22.** Governing Law and jurisdiction.This Agreement will be governed by English law and the non-exclusive jurisdiction of the English courts. However, if you are an individual not engaged in conduct related to your trade, business or profession, and you are resident outside England and Wales, you may also petition the courts of the jurisdiction in which you reside ("Home Jurisdiction**") and the law governing this Agreement may include any such consumer laws of your Home Jurisdiction that provide greater consumer protection than is available under English law.
APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE
You may not use your TLCX Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of TLCX Services involves a Prohibited Use, or have questions about how these requirements apply to you, please submit a request at firstname.lastname@example.org. By opening a TLCX Account, you confirm that you will not use your Account to do any of the following:
- Unlawful Activity:Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where TLCX conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information
- Abusive Activity:Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the TLCX Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the TLCX Site, other TLCX Accounts, computer systems or networks connected to the TLCX Site, through password mining or any other means; use TLCX Account information of another party to access or use the TLCX Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user's TLCX Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of TLCX
- Abuse Other Users:Interfere with another individual's or entity's access to or use of any TLCX Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the TLCX Site about others, including without limitation email addresses, without proper consent
- Fraud:Activity which operates to defraud TLCX, TLCX users, or any other person; provide any false, inaccurate, or misleading information to TLCX
- Gambling:Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance
- Intellectual Property Infringement:Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of TLCX intellectual property, name, or logo, including use of TLCX trade or service marks, without express consent from TLCX or in a manner that otherwise harms TLCX or the TLCX brand; any action that implies an untrue endorsement by or affiliation with TLCX
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from TLCX Services ("Prohibited Businesses"). Most Prohibited Businesses categories are imposed by Card Network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of TLCX Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at email@example.com. By opening a TLCX Account, you confirm that you will not use TLCX Services in connection with any of following businesses, activities, practices, or items:
- Investment and Credit Services:Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes
- Restricted Financial Services:Check cashing, bail bonds; collections agencies.
- Intellectual Property or Proprietary Rights Infringement:Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder
- Counterfeit or Unauthorized Goods:Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen
- Regulated Products and Services:Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials
- Drugs and Drug Paraphernalia:Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
- Pseudo-Pharmaceuticals:Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body
- Substances designed to mimic illegal drugs:Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
- Adult Content and Services:Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features
- Multi-level Marketing:Pyramid schemes, network marketing, and referral marketing programs
- Unfair, predatory or deceptive practices:Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
- High risk businesses:any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies
Express written consent and approval from TLCX must be obtained prior to using TLCX Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at firstname.lastname@example.org. TLCX may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use TLCX Services in connection with any of following businesses, activities, or practices:
- Money Services:Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the TLCX Services
- Charities:Acceptance of donations for nonprofit enterprise
- Games of Skill:Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize
- Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization
APPENDIX 2: VERIFICATION PROCEDURES AND LIMITS
TLCX uses multi-level systems and procedures to collect and verify information about you in order to protect TLCX and the community from fraudulent users, and to keep appropriate records of TLCX's customers. Your access to one or more TLCX Services, and limits including daily or weekly Conversion limits, TLCX withdrawal and trading limits, Instant Buy limits, Currency Wallet transfer limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity you provide to TLCX.
TLCX may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any TLCX Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account's limits page.
You may submit a request at email@example.com to request larger limits. TLCX will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and TLCX does not guarantee that we will raise your limits.
APPENDIX 3: E-SIGN DISCLOSURE AND CONSENT
This policy describes how TLCX delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your TLCX Account and your use of TLCX Services. Communications include:
- Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
- Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
- Responses to claims or customer support inquiries filed in connection with your Account.\
We will provide these Communications to you by posting them on the TLCX website, emailing them to you at the primary email address listed in your TLCX profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
- A device with an Internet connection;
- A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
- A valid email address (your primary email address on file with TLCX); and
- Sufficient storage space to save past Communications or an installed printer to print them.
How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us at firstname.lastname@example.org. If you fail to provide or if you withdraw your consent to receive Communications electronically, TLCX reserves the right to immediately close your Account or charge you additional fees for paper copies.
Updating your Information
It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if TLCX sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, TLCX will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team at email@example.com.