1. Introduction

  1. Please read this document carefully, as it sets out the terms and conditions on which INTERNATIONAL PAYMENT SERVICES LTD (referred to as “Company”) will provide services to you through our website, / "Website").
  2. In this document, references to we/our/us are to Company. Any references to Customer/you/your are references to you as a customer of Company and user of the Website.
  3. This Agreement will govern the use of the Services provided through the Website operated by the Company. By using the Website you agree to be bound by the terms and conditions set out on this webpage (the "Agreement"). This Agreement will come into effect when you confirm electronically on the Website that you agree to it.
  4. The services that are provided through the Website can only be used in a limited way as they only allow the Customer to acquire goods or services on this Website.
  5. Use of cryptocurrency may be illegal in some jurisdictions. It is your responsibility to know the regulatory requirements concerning transactions with cryptocurrency in your jurisdiction before using the Services.


2. Services provided to you

  1. Company provides the following services to you through the Website:

                        1. Cryptocurrency storage services("Cryptocurrency Storage"); 

                    2. Cryptocurrency transfer services, whereby Cryptocurrency stored in your online Company wallet may be transferred to:

                                        1. another customer’s Company wallet; or

                                        2. a Cryptocurrency wallet, being either your wallet or another person’s wallet, maintained and operated by a third party ("Cryptocurrency Transfer"); and

2. Together, the services are referred to in this Agreement as the "Services".

3. Technical services provider 


3. Customer registration process

    1. To be eligible to become a Customer you must at least 18 years old
    2. To become a Customer you must also provide information that is requested as part of the account opening process. This includes the information to satisfy "know your client" and anti-money laundering checks. Failure to provide any information that Company reasonably requests from you pursuant to applicable money laundering laws and regulations after you have become a Customer shall be grounds for the suspension of the provision of Services to you (including access to your account). The nature and extent of the information you are required to provide may differ, for example, based on the Services provided to you under this Agreement and/or the means of payment you use. You may register only one account with the Company unless we explicitly approve the opening of additional accounts.
    3. Your eligibility to access and use certain Company Services also depends on the country in which you reside. 


4. Accessing your account through the Website

    1. When applying to become a Customer to use the Website, you will be asked to create your individual Customer account ("Account") which will include a username and password ("Account Details"). Once registered you will be able to access your Account through the Website using your Account Details in accordance with this Agreement.
    2. Each time you seek to access your Account we will check your identity by asking for your Account Details. As long as your correct Account Details are entered, we will assume that you are the person giving instructions and you will be liable for those instructions. You must therefore keep the Account Details secret and secure and make sure that they are not stored in a way that enables others to access them or impersonate you. In addition, if you disclose the Account Details to any person whom you authorise to access your Account, you are also responsible and liable for any access, use, misuse or disclosure of your Account Details and/or your Account by such person.
    3. You must notify us by e-mail at info@emonley.com immediately if you discover or suspect:

                    1. the loss or disclosure to any unauthorised person of any Account Details;

                    2. any unauthorised access to your Account;

                    3. any other criminal or fraudulent activity relating to your Account; or

                    4. any other breach of security relating to your Account, whether physical or relating to computer or similar hardware or software.

    1. If we receive such a notification from you or determine ourselves that the security of your Account Details may have been breached, you will not be able to access your Account until measures have been taken to verify your identity.
    2. Unless and until you tell us that you believe that someone else knows the Account Details or can use your Account by impersonating you:

                          1. you will be responsible for any instruction which we receive and act on, even if it was not given by you; and

                    2. we will not be responsible for any unauthorised access to your Account or the information available in it.


5. Cryptocurrency storage

    1. Once your Account has been opened you will have a digital wallet accessible through the Website where you can store your Cryptocurrency (the "Wallet").
    2. Company adopts appropriate practices and security measures to protect your Wallet and your information from unauthorized access. For more detail please refer to Company Privacy Policy.
    3. The Customer has the option to create one or more sub-wallets (each being a "Sub-Wallet"). 
    4. Transfers between the Wallet and a Sub-Wallet, or between Sub-Wallets, shall take place immediately.
    5. Each Sub-Wallet shall not be subject to any overdraft, advance, credit or discount.


6. Cryptocurrency Transfer

    1. Cryptocurrency (or part thereof) held in the Wallet or in a Sub-Wallet may be transferred to another customer’s Cryptocurrency wallet or an external Cryptocurrency wallet maintained and operated by a third party. Company shall specify the information required to effect a Cryptocurrency Transfer at the point of instruction but, as a minimum, Company shall require the:

                    1. address of the recipient’s wallet; and

                    2. amount to be transferred.

2. We may charge network fees (miner fees) to process a Cryptocurrency Transfer on your behalf. We will calculate the network fee at our discretion, although we will always notify you of the network fee at or before the time you authorise the Cryptocurrency Transfer. Once submitted to a Cryptocurrency network, a Cryptocurrency Transfer will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Cryptocurrency network. Cryptocurrency transactions that are in a pending state will not be transferred to the Wallet until such time as the Cryptocurrency transaction has been confirmed.

3. The fees applicable to a Cryptocurrency Transfer are as set out in the Fee Tariff.

4. Company has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party using Cryptocurrency Transfer. We will process Cryptocurrency transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requester or other party.


7. Incorrect or unauthorized Cryptocurrency transfers

    1. In the event that you become aware of any incorrect or unauthorised Cryptocurrency Transfer, you must notify us this immediately by email to info@emonley.com. Prior to receiving such notification, we will not be responsible for any loss or damage that you suffer as a result of a Cryptocurrency Transfer which was executed without your consent.


8. Suspension of services

    1. Company may withhold or suspend any Services (including your access to the Account) or any part of its functionality, where:

                    1.  it knows or reasonably suspects that the providing one or more Services:

                                        1. is fraudulent or involves any criminal activity;

                                        2. is money laundering or relates to money laundering activities; or

                                        3. is otherwise in breach of applicable law.

                    2. you fail to provide on request such documentation as Company (or any third party whose services we use in providing the Services to you under this Agreement) reasonably requires in order to comply with its obligations under applicable money laundering laws and regulations or otherwise to ensure the verification of your identity and/or funding sources to Company’s satisfaction;

                    3. Company reasonably believes that it is necessary or desirable to do so in order to protect the security of the Account, including circumstances where any Account Details may have been lost or stolen; or

                    4. it is obliged to do so as a result of any law or regulation or the direction of any competent authority or regulatory body.

                    5. Company reasonably suspects that you have provided us with false information or fabricated documents.

2. In the case of any such withholding , Company shall make reasonable efforts to inform you about the withholding or suspension, provided that such disclosure:

                    1. is not in breach of any applicable law or regulation and does not contravene the instruction of any competent authority or regulator; and

                    2. would not compromise Company's reasonable security measures.

3. Company shall not be liable to you for any losses you may suffer as a result of any reasonable action it takes to suspend the Account.


9. Fees

  1. All fees payable under this Agreement are set out in the Fee Tariff. We reserve the right to change applicable fees as we deem necessary.
  2. If the Wallet does not have sufficient funds to pay any fees that are payable under this Agreement, the Company may terminate this Agreement.


10. Reporting

    1. Where the Customer has an Account:
                          1. you may access, at any time, your personal page on the Website, showing the recent activity and current balance of your Wallet and any Sub-Wallets; and

                    2. you will be able to find statements of transactions made to and from your Wallet and any Sub-Wallets in your personal page on the Website. You are invited to carefully review the list of these transactions.


11. Data protection law

    1. We are committed to keeping your personal information safe. We process personal information in accordance with applicable data protection legislation. Please read our Privacy policy to understand how we use and protect the information you provide us.


12. Confidentiality

    1. In this clause, "Confidential Information" means any information that is clearly labelled or identified as confidential or ought reasonably be treated as being confidential. Confidential Information excludes any information which:
                          1. is or becomes publicly known other than through a breach of this Agreement;

                    2. was in the receiving party’s lawful possession before the disclosure;

                    3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;

                    4. is independently developed by the receiving party and that independent development can be shown by written evidence; or

                    5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

2. Each party will hold the other’s Confidential Information in confidence and not make the other’s Confidential Information available to any third party unless that third party is subject to an equivalent duty of confidentiality. Neither party will use the other’s Confidential Information for any purpose other than the implementation of this Agreement.

3. Each party will take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees, agents or independent contractors in breach of the terms of this Agreement.


13. Warranties and representations

    1. By agreeing to this Agreement, you represent, warrant and undertake to us that:

                    1. you have full power and authority to enter into this Agreement;

                    2. you understand and acknowledge that we do not warrant that any of the Services available through the Website are suitable or appropriate for your needs and that you must take your own independent legal and other advice on such Services;

                    3. you are entering into this Agreement as principal and not on behalf of any third party;

                    4. you will not violate any applicable laws by entering into this Agreement or receiving the Services provided under it;

                    5. Cryptocurrencies transferred to the Wallet or any Sub-Wallet have been acquired lawfully;

                    6. you understand and acknowledge that while we make reasonable endeavours to ensure the accuracy of the information that we provide, and which in turn, is provided to you;

                    7. any information provided by you to Company under this Agreement is true, complete, accurate, up to date and not misleading; and

                    8. you shall provide all assistance reasonably requested by Company to enable Company to comply with its obligations under this Agreement.

2. Company warrants, represents and undertakes that:

                    1. it shall provide the Services with reasonable care and skill; and

                    2. it shall take reasonable and appropriate technological, organisational and operational measures to prevent against the loss of items held in the Wallet, having regard to the state of the art and recent technological development.

3. Company makes no representation or warranty that the Services are applicable or appropriate for use by customers in all jurisdictions and it is your responsibility to ensure compliance with the laws of any relevant jurisdiction.


14. Limitation of liability

    1. This clause sets out Company's entire financial liability to the Customer:

                    1. arising under or in connection with this Agreement;

                    2. in respect of any use made by the Customer of the Services or any part of them; and

                    3. in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.

2. Except as expressly and specifically provided in this Agreement, Company disclaims all warranties and conditions express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Services, their use and the results of such use.

3. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this Agreement to the fullest extent permitted by applicable law.

4. Whilst Company takes every care to ensure that the standard of the Website remains high and to maintain the continuity of it, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate the Website (or any particular part of the Website).

5. Company disclaims all liability associated with the use of Cryptocurrency, including:

                    1. unknown inherent technical defects;

                    2. regulatory or legislative changes; and

                    3. currency fluctuation.

6. Nothing in this Agreement excludes the liability of Company:
                    1. for death or personal injury caused by Company’s negligence;

                    2. for fraud, fraudulent misrepresentation or fraudulent misstatement; or

                    3. any statutory liability not capable of limitation.


15. Term and Termination

    1. This Agreement will continue unless either party notifies the other of termination, in writing, in accordance with this Agreement.
    2. This Agreement can be terminated immediately by the Customer providing written notice to Company provided that, where the Customer has an Account.
    3. Company may terminate this Agreement by giving at least 30 days’ written notice to the Customer, at the end of which period Company may, where the Customer has an Account, transfer all amounts held in the Wallet and Sub-Wallets or ask the Customer to provide the address of the recipient’s Cryptocurrency wallet to which amounts shall be transferred. If the Customer does not provide the address of the recipient’s Cryptocurrency wallet within 90 (ninety) days after the termination, the applicable law may require us to treat the amounts as unclaimed property. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such amounts to the authorities as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by this Agreement or applicable law.


16. Force majeure

    1. No party will be in breach of this Agreement nor liable for any failure to perform its obligations under this Agreement if that failure results from circumstances beyond its reasonable control.


17. Notices

    1. We may (where allowed to do so by law) communicate with you by posting information in your Account or on the Website, in which case the information will be treated as received by you when it is posted by us.
    2. We may also contact you at the postal or email address you provide us with when applying to open your Account. Notices sent by email will be deemed to have been received at the time of transmission as shown by the sender’s records.


18. Complaints

    1. For any complaint relating to the Services, you are advised to contact info@emonley.com.


19. General

      1. The use of all Services is subject to a limit on the amount of volume, stated on the Website. Your transaction limits may vary depending on the verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary.
      2. A waiver of any right under this Agreement is only effective if it is in writing.
      3. If any provision (or part of a provision) of this Agreement is found to be invalid, unenforceable or illegal, the other provisions (or parts of any provisions) will remain in force. Nothing in this Agreement shall be deemed, or is intended to be deemed, nor shall it cause, either you or Company to be treated as the agent of the other.
      4. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreement between them.
      5. This Agreement does not confer any rights on any person or party (other than the parties to this Agreement and (where applicable) their successors and permitted assigns) pursuant to the Contracts.
      6. Company may amend this Agreement as it sees fit. Company may make all amendments to the Agreement by posting the revised Agreement on the Website or by emailing it to you, indicating when the revised Agreement becomes effective. Company will take all reasonable steps to notify you of each amendment in advance of it taking effect, however, where permitted and necessary due to circumstances, we may indicate that an amendment shall be effective immediately. Copies of the current version of the Agreement will be made available on the Website.
      7. This Agreement will be governed by, and construed in accordance with, the laws of England and Wales and, subject to any overriding legal requirements, the parties irrevocably submit to the exclusive jurisdiction of the English Courts. This Agreement and any information or notifications that you or we are to provide should be in English.
      8. If you have any feedback, questions, or complaints, you may contact us via info@emonley.com.