Last updated: November 21, 2016
This User Agreement ("Agreement" or “General Use Agreement”) is a contract between you ("you," "your" or "user") and RockItCoin, a limited liability company incorporated in Delaware("RockItCoin," "we", "us" or "our") and applies to your use of the RockItCoin sites (Website and Mobile site), Bitcoin Transaction Machine (BTM) and all services described herein (collectively, the "RockItCoin Services").
By signing up to use the RockItCoin Account through the RockItCoin website located at RockItCoin.com or a RockItCoin BTM, and/or any associated RockItCoin-hosted websites or mobile applications (collectively the "RockItCoin Site"), you agree to comply with and be legally bound by this Agreement. If you do not agree to any of the terms set forth in this Agreement, or any subsequent modification to the Agreement, you may not access or use any of the RockItCoin Services and must cancel your RockItCoin Account, free of charge, in the manner set forth below.
We may amend or modify this Agreement by posting on the RockItCoin Site or emailing to you the revised Agreement. Any revised Agreement shall be effective immediately upon your express approval, or one month after the date of posting except where the changes and modifications are required by law or on the instruction of a competent governmental agency. By continuing to access or use the RockItCoin Services once the revised Agreement is effective, you agree to be bound by the Agreement. We may (a) modify or discontinue any portion of the RockItCoin Services, and (b) suspend or terminate your access to the RockItCoin Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the RockItCoin Services, or suspension or termination of your access to the RockItCoin Services, except to the extent otherwise expressly set forth herein.
To be eligible to use the RockItCoin Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity). By accessing or using the RockItCoin Services you represent and warrant that you are 18 or older. You may also be eligible to use the RockItCoin Services if you are at least 13 years old, but only if your parents provide express written consent. Parental consent for use of the RockItCoin Services by an individual who is at least 13 years old must be forwarded to [email protected].
Please note the following risks of using RockItCoin Services:
Your RockItCoin account ("RockItCoin Account") encompasses the following basic RockItCoin Services, among others:
2.1. Registration of RockItCoin Account. In order to use any of the RockItCoin Services, you must first register at a BTM by providing your name, phone number, identity document (if required) and affirming your acceptance of this Agreement. Upon successful completion of the registration process, RockItCoin will establish your RockItCoin Account. RockItCoin may, in our sole discretion, refuse to allow you to establish a RockItCoin Account, or limit the number of RockItCoin Accounts that a single user may establish and maintain at any time.
2.2. Identity Verification. In order to use certain features of the RockItCoin Services, including certain transfers of bitcoin and/or currency, you may be required to provide RockItCoin with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, and government identification number. RockItCoin may also require you to answer certain questions or take actions in order to verify your identity, provide the RockItCoin Services to you, or comply with applicable law. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update RockItCoin if any information changes. You hereby authorize RockItCoin to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your identity (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
3.1. Sending and Receiving Bitcoin.
3.1.1. As part of the services offered in connection with your RockItCoin Account, RockItCoin can help you send bitcoin to, and request and receive bitcoin from, third parties pursuant to instructions you provide through the RockItCoin Site (each such transaction is a "Bitcoin Transaction"). You may initiate a Bitcoin Transaction by going to the RockItCoin Site, choosing to send or request, and entering the requisite information regarding the sender or recipient and the amount of bitcoin to be transferred. RockItCoin will then communicate with the Bitcoin network on your behalf, as necessary, to facilitate each Bitcoin Transaction in accordance with these instructions.
3.1.2. RockItCoin reserves the right to refuse to process or to cancel any pending Bitcoin Transaction as required by law or in response to a subpoena, court order, or other binding government order. RockItCoin cannot reverse a Bitcoin Transaction which has been communicated to and confirmed by the Bitcoin network.
3.1.3. RockItCoin processes Bitcoin Transactions according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to RockItCoin as the relevant Bitcoin Transaction may not be cancelled or reversed once initiated.
3.1.4. If you initiate a Bitcoin Transaction by entering the recipient's bitcoin address, RockItCoin will confirm that the bitcoin address is valid; however, RockItCoin cannot confirm that the bitcoin address belongs to the intended recipient. In the event you initiate a Bitcoin Transaction by entering the recipient's email address and the recipient does not have an existing RockItCoin Account, RockItCoin will email the recipient and invite them to open a RockItCoin Account. If the designated recipient does not open a RockItCoin Account within 30 days, RockItCoin will return the bitcoin associated with the transaction to your RockItCoin Account.
3.2 Bitcoin Storage & Transmission Delays. RockItCoin does not hold any of private keys for its users. As such, you accept the risk that a Bitcoin Transaction facilitated by RockItCoin may be delayed and you agree not to hold RockItCoin responsible for any damages or injury arising out of or related to such delay.
3.3. Your Bitcoin Transactions.
3.3.1 Third Party Transactions. RockItCoin 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 (including other users of RockItCoin Services). RockItCoin is not responsible for ensuring that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with bitcoin transferred using the RockItCoin Services, or if you have a dispute with such third party, you must handle it directly with that third party. Due to the nature of bitcoin, any Bitcoin Transaction conducted using the RockItCoin Services is final regardless of any defects in or non-delivery of any goods or services purchased in connection with such Bitcoin Transaction, or any other aspect of your transaction or relationship with the relevant third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify RockItCoin Support at [email protected] so that we may consider whether to take any action.
3.3.2. Refunds. RockItCoin is not responsible for issuing refunds and will only do so on a case-by-case basis. If a refund is issued it may be issued at either the Bitcoin fair market value of the transaction at the time of transfer, or the same Bitcoin amount. As a result, you may receive less (or more) bitcoin via a refund than you initially used to pay the Merchant.
3.3.3. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your receipt or transfer of bitcoin, and/or to the Bitcoin Transactions you conduct through the RockItCoin Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your RockItCoin Account.
3.4 Limits. RockItCoin reserves the right to change the buy/sell, transfer, trading, storage and velocity limits applicable to your Bitcoin Wallet in our sole discretion. We may require you to provide us with information about yourself and/or your Bitcoin Transactions if your transactions exceed certain government reporting thresholds, such as thresholds regarding financial recordkeeping and tax reporting.
4. Conversion Service.
4.1. Transactions with RockItCoin. When buying or selling bitcoin through the Conversion Service, you are buying from, or selling to, RockItCoin directly. In this capacity, RockItCoin does not act as an intermediary or marketplace between other buyers and sellers of bitcoin. The Conversion Service is subject to the RockItCoin "Conversion Rate." "Conversion Rate" means the liquidity adjusted price of a given bitcoin amount in terms of local currency as quoted to you on the RockItCoin Site at the time you begin a Conversion transaction. The Conversion Rate is stated either as a "Buy Price," the price in terms of local currency at which you purchase bitcoin from RockItCoin, or as a "Sell Price," the price in terms of local currency at which you sell bitcoin to RockItCoin. For the purpose of any transaction which incorporates the Conversion Rate, you agree, as a condition of using any RockItCoin Services, to accept the Conversion Rate as the sole conversion metric.
4.2. Bitcoin Purchases. After successfully completing the verification steps described in the Verification Procedures set forth below, you may purchase bitcoin from RockItCoin, subject to applicable limits. If your bitcoin purchase is marked as complete or pending in your Bitcoin Wallet, you cannot cancel, reverse, or change the order, although RockItCoin reserves the right to cancel the order as stated herein. In connection with any purchase of bitcoin from RockItCoin, RockItCoin will use good faith efforts to fulfill such purchase order at the applicable Buy Price Conversion Rate quoted on the RockItCoin Site at the time that you place such order. However, from time to time, it may be necessary for RockItCoin to delay fulfillment of a purchase order until such time as we are able to execute the transaction. In such cases, we will notify you through the RockItCoin Site prior to the completion of your purchase order that the amount of bitcoin that you will receive will be determined based on the applicable Buy Price Conversion Rate quoted on the RockItCoin Site at the subsequent point at which RockItCoin, with your further approval, may execute your transaction.
4.3. Sale Transactions. You may sell bitcoin to RockItCoin, by instructing RockItCoin accordingly at any of its BTM locations. Upon any sale of bitcoin to RockItCoin, all settlements or payments by RockItCoin for such transaction shall be paid in local currency (e.g., US Dollar) at the applicable Sell Price Conversion Rate quoted on the RockItCoin Site at the time that you approved the transaction.
4.4. Limits. RockItCoin imposes limits on the number of bitcoin that you may buy, sell, or trade in a given day, and that you may hold in your Wallet, as further described in the Verification Procedures. RockItCoin reserves the right to change posted limits as we deem necessary or appropriate from time to time. RockItCoin does not guarantee the availability of its Conversion Service, and the act of purchasing bitcoin from RockItCoin does not result in a guarantee that you may sell your bitcoin to RockItCoin. If you wish to raise your limits beyond the highest-posted amounts, you may submit a request to [email protected]. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with RockItCoin staff (such process, "Enhanced Due Diligence"). RockItCoin reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
4.5. Conversion Fee. Each Conversion Service transaction is subject to a fee (the "Conversion Fee", sometimes also referred to as an "Exchange Fee") charged by RockItCoin which consists of: (a) a fee for the conversion of local currency (e.g., US Dollar) for bitcoin (or vice versa) which is calculated as a percentage of the local currency to be converted, plus (b) either of: (i) a fixed transfer fee which may be applied to cover applicable bank fees, if any, or (ii) a convenience fee. RockItCoin will not process a conversion if a fixed transfer fee exceeds the value of your transaction. The applicable Conversion Fee will be displayed to you on the RockItCoin Site prior to you confirmation of a Conversion Service transaction.
4.6. Payments.
4.6.1. You agree to deliver payment for any bitcoin purchase made through the Conversion Service upon confirmation of an order, regardless of changes in the applicable Buy Price Conversion Rate prior to completion of the purchase transaction, with such payment to be made in good funds in the amount calculated in the manner specified herein.
4.6.2. We reserve the right to refuse to process, or to cancel or reverse, any purchases or sales of bitcoin or transfers to or from your Wallet(s) in its sole discretion, even after funds have been debited from your account(s), including but not limited to instances where RockItCoin suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime, in response to a subpoena, court order, or other government order, or if RockItCoin suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, RockItCoin will reverse the transaction and we are under no obligation to allow you to reinitiate a purchase or sale order at the same price or on the same terms as the cancelled transaction.
4.6.3. You do not have a statutory right to withdraw from a transaction to buy or sell bitcoin once you have instructed RockItCoin because the price of bitcoin fluctuates in accordance with the financial market for bitcoin which is outside the control of RockItCoin.
6. General Use, Prohibited Use, and Termination.
6.1. General Use.
6.1.1 Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the RockItCoin Site, and the content, materials, information and functionality available in connection therewith (collectively, the "Content") solely for informational, transactional, or other approved purposes as permitted by RockItCoin from time to time. Any other use of the RockItCoin Site or Content is expressly prohibited. All other rights in the RockItCoin Site or Content are reserved by us and our licensors. We reserve all rights in the RockItCoin Site and Content and you agree that this Agreement does not grant you any rights in or licenses to the RockItCoin Site or the Content, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the RockItCoin Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the RockItCoin Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without our prior written permission. If you violate any portion of this Agreement, your permission to access and use the RockItCoin Services may be terminated pursuant to this Agreement. In addition, we reserve the right to all remedies available at law and in equity for any such violation. "RockItCoin.com", "RockItCoin", and all logos related to the RockItCoin Services or displayed on the RockItCoin Site are either trademarks or registered marks of RockItCoin or its licensors. You may not copy, imitate or use them without RockItCoin's prior written consent.
6.1.2. Website Accuracy. Although we intend to provide accurate and timely information on the RockItCoin Site, the RockItCoin 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 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 RockItCoin Site are your sole responsibility and we shall have no liability for such decisions.
6.1.3. Third-Party Materials. From time to time, the RockItCoin Site may contain references or links to third-party materials (including without limitation websites) and third-party applications which are not controlled by us. Such information, links, and third-party applications are provided as a convenience to you. Such links should not be considered endorsements and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. 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 RockItCoin Site, including without limitation content, property, goods or services available on the linked sites or services.
6.1.4. Third-Party Applications. If, to the extent permitted by RockItCoin from time to time, you grant express permission to a third party to access or connect to your RockItCoin Account, either through the third party's product or service or through the RockItCoin Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party using your RockItCoin Account credentials. Further, you acknowledge and agree that you will not hold RockItCoin responsible for, and will indemnify RockItCoin from, any liability arising out of or related to any act or omission of any third party using your RockItCoin Account credentials. You may change or remove permissions granted by you to third parties with respect to your RockItCoin Account at any time through the Account Settings (Integrations) page on the RockItCoin Site.
6.1.5. Developer’s Tools. Any person or entity who uses RockItCoin's Developer’s Tools (as defined in Part 4 of this Agreement) must comply with the terms of this General Use Agreement, including Part 4, and/or any other conditions as RockItCoin may put into place in its sole discretion from time to time. The Developer’s Tools are owned by RockItCoin and are licensed to Developer’s Tools users on a limited, non-exclusive, non-transferable, non-sublicensable basis. RockItCoin reserves the right to restrict or limit use when, in its sole discretion, we identify abusive, burdensome, or prohibited use of the Developer’s Tools. Developer’s Tools users shall comply with all applicable laws, rules and regulations, including those relating to privacy, and shall not use the Developer’s Tools or related licensed material to facilitate or partake in any illegal, unauthorized, or improper activity, including any Prohibited Use or Prohibited Business as set forth herein.
6.1.6. Fiduciary Accounts/Custodial Assets. You hereby certify to us that any funds used by you in connection with the RockItCoin Services are either owned by you or that you are validly authorized to carry out transactions using such funds. In particular, you acknowledge that RockItCoin may not be a qualified custodian under applicable law, and represent that your use of the RockItCoin Services is in compliance with any applicable requirements governing the maintenance and use of fiduciary accounts and custodial assets.
6.2. Prohibited Use. In connection with your use of the RockItCoin Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to cancel and/or suspend your RockItCoin Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with Prohibited Use and/or a Prohibited Business.
6.3. Export Controls & Sanctions. The supply of bitcoin and the RockItCoin Services through the RockItCoin Site is subject to international export controls and economic sanctions requirements. By acquiring any such items through the RockItCoin Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire bitcoin or any of the RockItCoin Services through the RockItCoin Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (2) you intend to supply the acquired bitcoin or RockItCoin Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.
6.4. Suspension, Termination, and Cancellation. RockItCoin may: (a) suspend, restrict, or terminate your access to any or all of the RockItCoin Services, and/or (b) deactivate or cancel your RockItCoin Account if:
You will be permitted to transfer bitcoin or funds associated with your Bitcoin Wallet(s) (defined below) for ninety (90) days after Account deactivation or cancelation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a facially valid subpoena or court order. Merchant users are subject to additional cancellation policies set forth below. You may cancel your RockItCoin Account at any time by transferring or exchanging all bitcoin, closing all open Orders (defined below), and withdrawing all funds associated with your Bitcoin Wallet(s) and your Currency Wallet(s).
You will not be charged for canceling your RockItCoin Account and will only be required to pay for those RockItCoin Services used that are subject to charges. If any transaction is in a pending state at the time your RockItCoin Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your RockItCoin Account to evade an investigation or avoid paying any amounts otherwise due to RockItCoin. Upon cancellation of your RockItCoin Account, you authorize RockItCoin to cancel or suspend pending Conversion Service transactions and hold the funds associated with such transactions until RockItCoin is certain that funding reversal windows are complete. In the event that you or RockItCoin terminates this Agreement or your access to the RockItCoin Services, or deactivates or cancels your RockItCoin Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, RockItCoin may temporarily suspend access to your Account until the problem is resolved.
7.1. Relationship of the Parties. RockItCoin is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and RockItCoin to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or RockItCoin to be treated as the agent of the other.
7.2. Service Providers. From time to time, RockItCoin may engage third parties to assist RockItCoin in providing certain aspects of the RockItCoin Services (each, a "Service Provider"). Service Providers may include, but are not limited to, RockItCoin's banking partners and technology or engineering service providers.
7.3. Your Privacy. Protecting your privacy is very important to RockItCoin. Please review our Privacy Policy, which is hereby incorporated by reference into this Agreement, in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
7.4. Privacy of Others; Marketing. If you receive information about another user through the RockItCoin Services, you must keep the information confidential and only use it in connection with the RockItCoin Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate 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 RockItCoin Services.
7.5. Password Security and Keeping Your Contact Information Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the RockItCoin Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your RockItCoin Account by third-parties and the loss or theft of any bitcoin and/or funds held in your RockItCoin Account and any associated accounts. 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. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your RockItCoin Account information has been compromised, contact RockItCoin Support immediately at [email protected].
7.6. Consent to Electronic Records. By using the RockItCoin Services, you agree that RockItCoin may provide you with any notices or other communications about your RockItCoin Account and the RockItCoin Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the RockItCoin Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your RockItCoin Account and your RockItCoin Account will be cancelled.
7.7. Notices to RockItCoin. We prefer receiving notices to RockItCoin electronically through our support system at [email protected]. Paper notifications can also be sent to RockItCoin, LLC. 440 S. LaSalle Ste 1822 Chicago, IL 60605.
8.1. Contact RockItCoin. If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at https://support.RockItCoin.comor write to us at RockItCoin Customer Support, Unit 4655, PO Box 6945, London, W1A 6US, United Kingdom. When you contact us please provide us with your name, address, and any other information we may need to identify you, your RockItCoin Account, and the transaction on which you have feedback, questions, or complaints.
8.2. 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 your complaint within 48 hours of its receipt if you contact us via our Customer Support webpage or email us at [email protected]. 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 RockItCoin. Within four weeks of our receipt of your complaint the Officer will address 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. Upon receipt of the Resolution Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. If you are late in responding to the Resolution Notice, RockItCoin may treat your response as if it has been submitted on time.
8.3. Appeals. In the event that you reject an offer or determination (“Rejection”), please set out the reasons for the Rejection and include any additional information that you believe is pertinent to your complaint. Any Rejection will be treated as an application to appeal the offer or determination set out in the Resolution Notice. Our Customer Appeals committee (“Appeals Committee”) will impartially consider your complaint (including any additional information provided). We will acknowledge your Rejection within 24 hours of its receipt if you contact us in the prescribed electronic way, and within ten business days if you contact us in any other prescribed way. Within four weeks of our receipt of the Rejection the Appeals Committee will address your complaint by sending you an e-mail (“Final Notice”) in which the Appeals Committee will: (i) uphold the Resolution Notice; or (ii) reject the Resolution Notice. Notwithstanding its decision regarding the Resolution Notice, the Appeals Committee may also make a new offer to resolve the complaint. Upon receipt of the Final Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Final Notice. RockItCoin may extend the deadline for you to accept the offer. Failure to respond to a Final Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. For consumers only: if you fail to respond to a Final Notice and file a claim in a competent court, your failure may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
8.4. Offers. Any offer made under this Section 8 will only become binding on RockItCoin if you accept the offer by following the instructions provided by RockItCoin within the stated timeframe. Any offer under this Section 8 will not constitute any admission by RockItCoin of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will not file a claim in any competent court against RockItCoin regarding the subject matter of the complaint.
8.5. Claims. This provision only applies to consumers. You agree to use the complaints procedure of this Section 8 before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
9.1. Limitations of Liability. (A) IN NO EVENT SHALL ROCKITCOIN, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ROCKITCOIN SITE, THE ROCKITCOIN SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
(B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF SECTION 9.1(A) WITH RESPECT TO CONSUMERS, SECTION 9.1(A) ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.
9.2. Sanctions Compliance. Pursuant to the economic sanctions programs administered in the countries where RockItCoin conducts business, RockItCoin is prohibited from providing services or entering into relationships with certain individuals and entities. In the event that RockItCoin is required to block assets associated with your RockItCoin Account in accordance with a sanctions program, or other similar government sanctions programs, RockItCoin may (i) deactivate or cancel your Bitcoin Wallet(s) or block user activity, (ii) transfer bitcoin or funds from your Bitcoin Wallet(s) to an originating source or to an account specified by authorities, or (iii) require you to transfer your bitcoin or withdraw your funds from your Bitcoin Wallet(s) within a certain period of time. RockItCoin is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.
9.3. Computer Viruses. We shall not bear any liability, whatsoever, 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 RockItCoin. Always log into your RockItCoin Account through the RockItCoin Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
9.4. Release of RockItCoin. If you have a dispute with one or more users of the RockItCoin services, to the extent permitted by law, you release RockItCoin, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, to the extent permitted by law, in entering into this release you expressly waive any protections, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
9.5. No Warranty. (A) THE ROCKITCOIN SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ROCKITCOIN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ROCKITCOIN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE ROCKITCOIN SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE. OPERATION OF THE ROCKITCOIN SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE BITCOIN MARKET, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF BITCOIN AS DENOMINATED IN ANY QUOTED CURRENCY. ALTHOUGH WE MAY PROVIDE HISTORICAL AND/OR REAL-TIME DATA REGARDING THE PRICE OF BITCOIN, WE MAKE NO REPRESENTATIONS REGARDING THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF SUCH DATA, AND YOU SHOULD NOT RELY ON SUCH DATA FOR ANY REASON WHATSOEVER. YOU UNDERSTAND AND AGREE THAT THE VALUE OF BITCOIN CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR BY HOLDING OR TRADING BITCOIN, EVEN IF THE ROCKITCOIN SERVICES ARE DELAYED, SUSPENDED, OR INTERRUPTED FOR ANY REASON. FURTHER, ROCKITCOIN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF THE ROCKITCOIN SERVICES OR ANY MATERIALS CONTAINED THEREIN. ROCKITCOIN WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS FOR BUYS AND SELLS ARE PROCESSED IN A TIMELY MANNER BUT ROCKITCOIN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE THE ROCKITCOIN SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS DELAYS IN THE BITCOIN BLOCKCHAIN OR INTERNATIONAL MAIL SERVICE.
(B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF SECTION 9.5(A) WITH RESPECT TO CONSUMERS, SECTION 9.5(A) ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.
9.6. Indemnification. You agree to indemnify and hold RockItCoin, its affiliates and Service Providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of this Agreement, (ii) your use of RockItCoin Services, including the Developer’s Tools, or (iii) your violation of any law, rule or regulation, or the rights of any third party.
9.7. Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and RockItCoin as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and RockItCoin.
9.8. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RockItCoin without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the RockItCoin Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
9.9. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
9.10. Change of Control. In the event that RockItCoin is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
9.11. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, RockItCoin Account cancellation, debts owed to RockItCoin, general use of the RockItCoin Site, disputes with RockItCoin, and general provisions, shall survive the termination or expiration of this Agreement.
9.12. Governing Law and Jurisdiction. This Agreement will be governed by Illinois law.
9.13. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
9.14. Section Headings. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
9.15. English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
The following categories of businesses, business practices, and sale items are barred from RockItCoin Services ("Prohibited Businesses"). By opening a RockItCoin Account, you confirm that you will not use RockItCoin Services to accept payments in connection with the following businesses, activities, practices, or items:
You may not use your RockItCoin Account to engage in the following categories of activity ("Prohibited Use").
By opening a RockItCoin Account, you confirm that you will not use your Account to do any of the following:
RockItCoin uses multi-level systems and procedures to collect and verify information about you in order to protect RockItCoin and the community from fraudulent users, and to keep appropriate records of RockItCoin’s customers. Your daily or weekly Conversion limits, Trading limits, and limits on transactions from a linked account are based on the identifying information and/or proof of identity you provide to RockItCoin.
Users in Approved Countries who wish to buy and sell bitcoin using RockItCoin’s Conversion Service, at minimum, must:
In addition, users in Approved Countries who wish to use RockItCoin’s Buy and Sell functionality, at minimum, must:
Notwithstanding these minimum verification procedures for the referenced RockItCoin Services, RockItCoin 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 RockItCoin Services and/or before permitting you to engage in transactions beyond certain volume limits.
If RockItCoin cannot successfully verify your name, address, date of birth, and/or identification are authentic and accurate, certain RockItCoin Services may not be available to you. From time to time, RockItCoin may impose limits on the balance you may store in your Wallet.
You may contact [email protected] to request larger daily limits. RockItCoin will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and RockItCoin does not guarantee that we will raise your limits.
This policy describes how RockItCoin 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.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your RockItCoin Account and your use of RockItCoin Services. Communications include:
We will provide these Communications to you by posting them on the RockItCoin website, emailing them to you at the primary email address listed in your RockItCoin profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
In order to access and retain electronic Communications, you will need the following computer hardware and software:
You may withdraw your consent to receive Communications electronically by e-mailing us at [email protected]. If you fail to provide or if you withdraw your consent to receive Communications electronically, RockItCoin reserves the right to immediately close your Account or charge you additional fees for paper copies.
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 RockItCoin 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, RockItCoin 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 via e-mail at [email protected].