Disclaimer to Purchaser
Last Updated: November 22, 2022
You are transferring bitcoins and (or) altcoins solely to and for the benefit of the specific merchant that referred you to the EukaPay platform. Please note that you do so at your own risk. Therefore, you should exercise due diligence regarding the identity and trust of the merchant, and any products, goods, and services you purchase from the merchant before effecting any transfer of bitcoins and (or) altcoins.
In relation to the transfer of bitcoins and (or) altcoins, any legal relations are between you and the merchant. For the merchant's identity, terms and conditions of purchase, data protection, warranties, refunds, legal remedies, and other terms and conditions, any queries, letters, requests, and (or) complaints regarding the purchase, please refer to the merchant and its website. EukaPay platform collects, uses, stores, and otherwise processes information only about your technical data and e-mail address.
The entity operating the EukaPay platform and collecting bitcoins and (or) altcoins solely for and on behalf of the merchant that referred you to the EukaPay platform does not engage in any other activities on behalf of the merchant, is not the merchant’s representative, agent, or employee. It does not control, monitor, assess, authorize, or supervise activities of the merchant and (or) particular purchases. The entity is not a party to relations between you and the merchant and does not accept any queries, letters, requests, and (or) complaints regarding the merchant and (or) purchase.
The entity disclaims all liability that might otherwise be implied, whether arising in contract, tort (including negligence), or otherwise, including, but not limited to, any statutory or other warranties, such as implied warranties of merchantability and fitness for a particular purpose, or of non-infringement, or other warranties relating to quality, merchantability, the ability of products to achieve a particular result, etc.
In no event will the entity or its any affiliate, or any company under common ownership or control with the entity or entity's affiliate, or any of the shareholders, owners, officers, directors, employees, or other representatives of the entity, an entity's affiliate, or such company, be liable to you and (or) any party for any direct, indirect, special, incidental, or other consequential damages related to a particular merchant, a purchase, product, good, and (or) service, your access or use of the EukaPay platform or any of the information, materials, products, or services available through the EukaPay platform, for any use of, or inability to use, the EukaPay platform or any information and/or materials available through the EukaPay platform, or any other linked website or service, including without limitation, any lost profits, loss of anticipated savings, business interruption, loss of programs, or other data, or otherwise, even if expressly advised of the possibility of such damages.
The entity reserves the right to reject, refund, suspend, postpone, and freeze all transactions deemed contrary to public order, norms of good morals, which can be null or void. Unilateral restitution is prohibited in the event contrary to the mandatory statutory provisions or good morals, i.e., where the purpose of the transaction is contradicting public order or norms of good morals, and the provisions of public law establish property sanctions in regard to such transactions. In this context, "public order" includes the basic principles on which the legal system is based, as well as the principles enshrined in the Constitution of Canada and other legal acts. The term "good morals" is evaluated from the criteria of reason to ensure the balance of interests of all members of society and protect the interests of the economically and physically weaker and prevent abuse or intent of doing damage to third persons. The entity is not liable to the customer for non-fulfillment of that kind of contractual obligation and for the damage caused in the course of performing the duties and actions specified above. As well will not take any legal responsibility for any losses in relation to the rejection, suspension, freeze, or disablement of these transactions.
The entity is not liable for any cryptocurrency sent by the purchaser to an incorrect wallet or network, failed transactions due to insufficient gas fees, or disruptions to blockchain networks or the Entity’s platform. The purchaser assumes full responsibility for verifying the accuracy of the wallet address and network before initiating any crypto transaction. Once the transaction is sent, it cannot be reversed or refunded. By proceeding with the purchase, you acknowledge that any losses incurred due to sending funds to the wrong wallet address or network are solely your responsibility, and you agree to exempt and hold harmless the seller or platform from any liability arising from such occurrences. It is advised to exercise caution, diligence, and due diligence when conducting crypto transactions to ensure the secure transfer of funds.
In addition, by using our services, you may be asked to provide additional information and/or documents that enable us to verify your identity. From time to time, EukaPay will perform additional reviews of transactions, that are required due to banking partners’ additional due diligence. We will provide prompt notice to you if additional action from your side is needed. In order to use our service, you agree to cooperate with our information requests for such additional information when additional documentation is required. If you fail to provide the required information, you acknowledge that we will be unable to complete your transaction. EukaPay will not be liable to take any responsibility for such a transaction failing.
In the event that a third-party provider who processes the transaction has already started the virtual currency exchange process, and the invoice is underpaid as an aftermath of insufficient funds, which resulted from the Purchaser sending less than the required amount, the entity reserves the right to issue a refund of the equivalent value in the virtual currency that was requested in the initial order of the Purchaser.
You agree to indemnify, release and hold harmless the entity, its affiliates, and any company under common ownership or control with the entity or its affiliates, as well as the officers, directors, agents, representatives, and employees of the foregoing, from any claim, liability, loss, expense or demand, including legal fees, related to a particular merchant, a purchase, product, goods, and (or) service, your access or use of the EukaPay platform or any of the information, materials, products, or services available through the EukaPay platform.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above may not apply to you.