Terms of Use

TERMS OF SERVICE

 

Last Updated: September 4, 2017

 

This document serves as the Terms of Service for Digital Debit® Group Division, managing partner Qondodo LLC (“us,” “we” or “our”), and shall serve and the agreement between you, the user of our website, mobile application, hardware and software (collectively, “Services”), and us. Fully incorporated into this Terms of Service is our Privacy Policy (collectively, “Terms”).  By using our Services you consent to abide by these Terms, including if you are using our Services on behalf of a business or other entity.


YOUR USE OF OUR SERVICES, INCLUDING THROUGH A COMPUTER OR A MOBILE DEVICE, SHALL ACT AS YOUR ACCEP
TANCE AND UNDERSTANDING OF THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO ANY TERM HEREIN YOU MUST IMMEDIATELY STOP USING OUR SERVICES. 

1.Our Services.  We provide users with a fast and convenient way to make and receive payments with their Coinbase.com account. To use our Services you must be a registered user of our Services, as described further in these Terms.  Once you are a registered user of our Services, you will be able to send and receive money using your Coinbase.com account. Qondado LLC and the Digital Debit collection of services are not money transmitters and does not operate servers that facilitate Coinbase.com user account commodities. Qondado LLC and the Digital Debit collection of services are understood to operate as an agent and service provider to registered Coinbase.com users, a service licensed as a money transmitter in the 50 states of the United States: https://www.coinbase.com/legal/licenses?locale=en-US. Users of Digital Debit further agree to be bound by Coinbase.com terms of service as the terms of this service are adopted as an instant addendum upon use of the Digital Debit product. 

 

1.1       Fees.  You agree to give our service permission to transmit a non-refundable flat fee of $0.50 USD in BTC value for the service of processing a send transaction of BTC value above a converted rate of $20 USD using the Digital Debit application. If our service determines the flat fee cannot be transmitted by your BTC account balance, we reserve the right to refuse the transmission action. You understand that your Digital Debit wallet balance is available for management through the Coinbase.com website and mobile applications and have freedom to use alternative applications to manually execute send transactions using Coinbase.com account information. 

2.Acceptance of Terms. Before using our Services, please ensure that you have read all of the Terms carefully so that you understand what is expected of you through your use of our Services. If for any reason you do not agree to any of the terms, then you should not access our Services, nor should you use any of the content or other services provided by us. All visitors to and users of our Services who browse the website, app or access it and use, or download, without any limitation, any information, communication, graphic, text, file, software audio file, and/or video file from our Services (or any other website or other form of product or service directly affiliated, controlled and/or owned by us), agrees to be bound by the Terms.
3.Amendment to Terms.  We reserve at our sole discretion the right to amend or replace these Terms at any time. It will be the responsibility of you to review and become familiar with all such amendments or replacements. Accordingly, you should regularly check this page for any changes to the terms and conditions. Upon the posting of any amended or replaced terms and conditions on the website, such amended and/or replaced term or condition shall be effective immediately.

 

4.Conditions for Use of Service. To use our Services, you must be at least eighteen (18) years of age or at least thirteen (13) years of age with parental/legal guardian consent. In order to open a user account or to access any of the services provided by the website, you must be at least eighteen (18) years of age or at least thirty (13) years of age with parental/legal guardian consent. If you are a legal resident of any jurisdiction, territory or location where the minimum age for the permissible use of the Service is greater than eighteen (18) years of age, then you must meet the age requirement in such jurisdiction, territory or location in order to participate in a contest offered by our Service. Information you provide to use our Services must be your personal information or information you are authorized to provide on behalf of a third party, such as a business.  You may be asked to verify your identity by providing us with a copy of your driver’s license or other government provided identification.  You are only permitted to establish one (1) user account in order to use our Services unless otherwise permitted by us.   We, in our sole and absolute discretion, reserve our right to suspend, revoke or terminate any user account upon suspicion that a user has violation these conditions. 

 

If you receive payment through the use of our Services and we later determine in our sole discretion that the payment was invalid for any reason, you hereby authorize us to cancel the payment or, if applicable, move funds from your account in an amount equal to the payment. We will not be liable in any way for any payment sent to you through our Services that you may receive, regardless of whether you authorized receipt of said payment. 

 

5.Conditions with Regard to Online Conduct.  You agree to use our Services for lawful purposes only and to conduct yourself lawfully while using our Services. Users of our Services are not allowed to: 

 

  • Post, transmit or provide a link to any content that is obscene, hateful, abusive, in any way spam-related, threatening, fraudulent, defamatory or which discloses information that is personal or private to someone;

  • Post, transmit or provide a link to any content that is sexually explicit, that falsely states or represents your affiliation with a person or an entity or impersonates any person or entity;

  • Post, transmit or provide a link to any content that is in the nature of promotion, advertising or any other form of solicitation;

  • Post, transmit or provide a link to any content that violates any law or regulation;

  • Post, transmit or provide any file that contains viruses or corrupted files, including but not limited to “Trojan Horses” or any other content that might contaminate or harm someone else's computer or our Service; and/or

  • Violate our Terms in any manner, including using or attempting to use our Service to engage in unlawful activity.

 

At any time and without prior notice, we, at our sole and absolute discretion, may remove any post or other content for a perceived violation described above. Moreover, for a perceived violation described above, we, at our absolute discretion, may terminate a user account and refuse to allow such user to utilize our Service in the future.  By using our Service, you agree to indemnify us and hold us harmless from any actions, proceedings, claims or liabilities arising out of your violation of any of these terms and conditions by you or any other person who uses your user account with or without your permission. Accordingly, you are responsible for any act or statement that might occur through the use of your user name and password. It is in your best interest not to disclose your username or password to anyone. In the event you suspect that your user account password has been lost or stolen, it is strongly recommended that you immediately change your password. In the event you suspect that someone has participated in an unlawful act with your account, you must immediately contact us and inform us of the unlawful act.

 

6.Use of Materials.  Materials, content and information contained on our Services our property or the property of our licensors or licensees. Accordingly, all trademarks, trade names, service marks and trade dress are proprietary to us or our licensors or licensees. Any information, material or content from our Service must not be copied, reproduced, republished, posted, distributed, uploaded or transmitted in any way. Our Services are for your personal use only. Accordingly, you may not use our Services for any commercial purposes or in any way that is unlawful or in any way harms us or any other person or entity, as determined at our sole and absolute discretion.

 

7.Additional Conditions of Use. In order to use our Services, you must register for a user account. By registering a user account, you agree to provide accurate, current and complete information. In the event you provide any information that is not accurate, or is incomplete or not current, or if we have reasonable grounds to believe that such information is inaccurate, incomplete or not current, we reserves our right, at its sole and absolute discretion, to deny you access to registration for use of our Services and/or to terminate your user account.  To obtain a user account, you must provide a valid e-mail address and supply a username and password, which will be used in conjunction with your user account. It is your responsibility to maintain the confidentiality of your user name and password, and by submitting to the registration process, you agree that:

 

  • You are fully responsible for all manners of the use of your username and password by you or anyone else;

  • You will keep your user name and password confidential and not share it with anyone else;

  • You will immediately notify us of any unauthorized use of your username and password/user account;

  • You will only use your personal username and password to access any area within the website that can only be accessed via registration; and

  • We are not be liable for any damage or loss that may arise due to improper use of your user name and password by you or someone else with or without your authorization.

 

In the event we learn that someone is misusing a username and/or password, you agree that we may, at our sole and absolute discretion, deny access or block any transaction made by the suspected user account that is believed to be misusing your username and/or password. In denying access or blocking such transaction(s), you agree that we are not required to first provide you notice of its intent to deny access or block such user account.

 

Following your registration of a user account, you may receive commercial communications relating to activity or other content relating to our Services. By registering for a user account, you agree and understand that these commercial communications are part of the registration process, and that you may opt out of receiving such commercial communications either initially or through selecting such option at a later time.

 

By registering for a user account, you acknowledge and agree that we are permitted to access, preserve, and disclose your information in accordance with our Privacy Policy.

8.Limitations of Liability.  We are not responsible for the following:

 

  • Any incorrect or inaccurate user information intentionally or mistakenly provided by a user;

  • Human error outside of our control; 

  • Technical malfunctions;

  • Public utility failures or telephone outages;

  • Interruptions, omissions, latency, deletions or defects of any network computer online systems, telephone system, computer equipment, data, providers, software or servers, including but not limited to, operating systems and software that fail to permit a user account to utilize the services offered by our Services;

  • Damage to a user's personal computer equipment that related to or resulted from use of the Service, but was not in any way the fault or responsibility of us;

  • Destruction, tampering, theft or unauthorized access to any images found within the Services;

  • Any data that is incorrectly processed, processed too late or is incomplete or lost due to a malfunction of a telephone or computer or any other form of electronic malfunction or congestion of telephone lines, or any other form of transmission of information;

  • Any data that is incorrectly processed, processed too late or is incomplete or lost due to an Internet related problem, or any service provider's malfunction or other website's malfunction;

  • Unavailability and/or or corruption of our Services due to a virus, bug, outside or unauthorized intervention with our Service administration, unlawful or improper actions by a Service user, fraud, technical failures, or anything else that causes the Service to be corrupted or affects the administration, security, integrity, fairness and day to day operation of the services provided by us, at its sole and absolute discretion

 

Additionally, we and our affiliates, entities, parents, and subsidiaries, shall not be liable to you for any losses or damages of any kind, which include, without limitation, any direct, indirect, special, exemplary, incidental, punitive, economic or consequential damages directly or indirectly related to: our Service, the use or inability to use our Services, the performance of  our Services, the content within our Services, any actions or investigation by any law enforcement authority or other company relating to your use of our Services or its content, any actions taken based upon copyright-related claims, and/or your upload information, any errors or omissions within the operation of the Services regardless of whether we, or any of our affiliates, entities, parents, and subsidiaries, were advised of the possibility of such damages, whether an action in negligence, contract, and/or strict liability (including, without limitation, and whether caused in whole or in part by, Acts of God, negligence, telecommunications failure, theft, or destruction of the Servicess).  Furthermore, we, and our affiliates, entities, parents, and subsidiaries, shall under no circumstances be liable to you or anyone else for any damages injury, or loss, including, without limitation, death or personal injury. Please note that some states do not allow for the exclusion or limitation of consequential damages or incidental damages, therefore the above limitations or exclusions may not apply to you. We, and our affiliates, entities, parents, and subsidiaries, shall under no circumstances be liable to you for all causes of action, losses and/or damages that exceed one US dollar ($1.00).  

 

BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND/OR PERIL. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH YOUR USE OF OUR SERVICES, IT IS YOUR EXCLUSIVE AND SOLE REMEDY TO IMMEDIATELY CEASE USING AND/OR ACCESSING OUR SERVICES OR ANY CONTENT FOUND WITHIN THE SERVICES.

 

9.INDEMNIFICATION AND HOLD HARMLESS.  BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO RELEASE AND TO HOLD HARMLESS US AND OUR AFFILIATES, PARENTS, SUBSIDIARIES, AND AGENCIES, AS WELL AS ANY OF ITS REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES OF ANY OF OUR RELATED ENTITIES FROM ALL LIABILITY, ACTIONS, OR CLAIMS OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES, LOSSES OR INJURIES TO PROPERTY AND/OR PERSONS WHICH MAY BE SUSTAINED IN CONNECTION WITH YOUR USE OF OUR SERVICES, MISUSE OF OUR SERVICE, DEFAMATION CLAIMS, INVASION OF PRIVACY CLAIMS, AND/OR OTHER RELATED CLAIMS REGARDING OUR SERVICE AND YOUR USE THEREOF.

 

10.DISCLAIMER OF WARRANTIES.  BY USING OUR SERVICES AND ANY OF ITS FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ACT AT YOUR OWN RISK, AND YOU WARRANT AND REPRESENT THAT YOUR USE OF OUR SERVICES AND ACTIVITIES PERFORMED WHILE USING OUR SERVICE ARE LAWFUL IN EVERY JURISDICTION WHERE YOU USE OUR SERVICES AND ACCESS THE SERVICES OR ANY CONTENT FOUND WITHIN OUR SERVICES. MOREOVER, WE AND OUR AFFILIATES, ENTITIES, PARENTS, AND SUBSIDIARIES, DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

 

11.Proprietary Rights.  We, or an affiliate of ours, own title to all intellectual property rights in and to our Services. By using our Services, you acknowledge and agree that our Services contains confidential and proprietary information that is protected by intellectual property and other applicable laws. By using the our Services, you acknowledge and agree that, without our written, express authorization you will not rent, loan, lease, modify, distribute, sell or create any derivative works based, in whole or in part, upon our Services.

12.Disputes.  Any dispute or claim you may have relating to these Terms must be filed within six (6) months of the date of dispute or claim.  Except for a claim by us of infringement or misappropriation of our patent, copyright, trademark, or trade secret, any and all disputes between you and us arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of ours Service.  The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section.  Any dispute arising out of or relating to this contract, or the breach thereof, shall be finally resolved by arbitration, with three arbitrators to be selected by us, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction.  The arbitration will be conducted in the English language in Puerto Rico in accordance with the United States Arbitration Act.  

In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated will be brought solely in Puerto Rico and shall be governed by the laws of Puerto Rico without regard to or application of its conflict of law provisions or your state or country of residence that would result in the application of the laws of a state, jurisdiction or country other than Puerto Rico.

 

If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you, but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the Puerto Rico (excluding choice of law principles that would result in the application of the laws of a state, jurisdiction or country other than Puerto Rico).

 

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

13.  Entire Agreement. You acknowledge and agree that these Terms contain the entire understanding and agreement between you and us relating to our Services and that these Terms supersede any prior understandings, memoranda or other written or oral agreements between you and us relating to our Services. You acknowledge and agree that there are no representations, agreements, arrangements or understandings, oral or written, between and us, that nothing contained herein creates a relationship between you and us other than us as an independent contractor for you.
14.  Partial Invalidity.  if any provision of these Terms shall be held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of these Terms shall not affect the other provisions hereof, and these Terms shall be construed in all respects as if such invalid or unenforceable provision were omitted.
15.Summary.  If you have any questions regarding these Terms contact us at: 1357 Ashford Avenue, Suite 236, San Juan, Puerto Rico 00907.