References in this Agreement to "Cofred", "we", "our" or "us", are to CofredCoin depending on the context, and references to "you"or "your"are to the person with whom Cofred enters into this Agreement.
We refer to the CofredCoin Digital Currency Services and Additional Services together as the "CofredCoin Services".
*You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial. Digital Currency Services are not currently regulated by the Financial Conduct Authority or any other regulator. You should therefore carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition. *
1 COFREDCOIN SERVICES.
1.1. Eligibility. To be eligible to use the CofredCoin Services, you must be at least 18 years old.
Your eligibility to access certain CofredCoin Services also depends on the country in which you reside.
1.2. E-Money Services. The following services (the "E-Money Services") are provided to you by Cofred.
A hosted digital wallet enabling you to store electronic money issued by CofredCoin.
Certain payment services enabling you to send and receive E-Money.
CofredCoin a trademark name for COFRED GHANA LIMITED (Reg: CS528102014) and COFRED ONLINE INTERNATIONAL LIMITED (Reg: RC1418780) registered with the Ghana Registrar General Department where its headquarters are located and the Nigeria Corporate Affairs Commission.
1.3. Digital Currency Services. The following services (the "Digital Currency Services") are provided to you by Cofred:
One or more hosted digital currency wallets enabling you to store, track, transfer, and manage your balances of certain supported digital currencies, like Bitcoin or Ethereum (the "Digital Currency Wallet"and "Digital Currency" respectively);
A Digital Currency exchange service enabling you to obtain prices for your purchases and sales of Digital Currencies.
A Digital Currency conversion service enabling you to buy and sell Digital Currencies in transactions with CofredCoin.
1.4. Additional Cofred Services. In addition to the core services, the following services ("Additional Services") may be made available by Cofred to users that fulfil certain eligibility criteria:
1.5. Fees: A full list of Cofred's fees can be found on Pricing and Fees Disclosures page at Service Fees page.
2. COFREDCOIN ACCOUNT AND ACCESS.
2.2. Identity Verification. You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the CofredCoin Services and your access to one or more CofredCoin Services, including certain transfers of Digital Currency, and the limits that apply to your use of the CofredCoin Services, may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, government identification number, and information regarding your bank account (such as the name of the bank, the account type, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorise us to make the inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries** , you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that **** these agencies may respond to our inquiries in full ***. This is an identity check only and should have no adverse effect on your credit rating.* Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further CofredCoin Services and/or before permitting you to engage in certain transactions. This includes authorizing your network operator to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to CofredCoin with your network operator account profile information for the duration of the business relationship.
2.3 Access. To access the CofredCoin Services, you must have the necessary equipment (such as a smartphone or tablet) and the associated telecommunication service subscriptions to access the Internet. The CofredCoin Services can be accessed directly using the CofredCoin Site or the mobile application.
3. PAYMENT SERVICES
3.1. Loading. You can load funds into your E-Money Wallet using one of the payment methods available in the CofredCoin Site, such as a credit or debit card, bank transfer or Mobile Money. When you "load" funds into the Wallet you will be issued with E-Money by CofredCoin. The E-Money Wallet is not a deposit account which means that your E-Money will not be protected by the Financial Services Compensation Scheme. However, CofredCoin will hold funds received in a designated safekeeping account with a regulated financial institution. E-Money held in an E-Money Wallet will not earn any interest. Your E-Money Wallet may hold E-Money denominated in different currencies and we will show the E-Money balance for each currency that you hold.
3.2. Purchase of Digital Currency. To purchase Digital Currency using E-Money, you must follow the relevant instructions on the Cofred Site. A purchase of Digital Currency using E-money should occur on the business day we receive your instructions.
3.3. Receipt of instructions. If we receive instructions from you to purchase Digital Currency using E-Money on a non-business day or after 6:00 pm (18:00GMT) on a business day, we may treat those instructions as if they were received by us on the following business day.
3.4. Revocation. When you give us instructions to purchase Digital Currency using E-Money, you cannot withdraw your consent to that purchase unless the purchase is not due to occur until an agreed date in the future e.g. this may occur if you set up a recurring purchase of Digital Currency ( "Future Transaction"). In the case of a Future Transaction, you may withdraw your consent up until the end of the business day before the date that the Future Transaction is due to take place. To withdraw your consent to a Future Transaction follow the instructions on the Cofred Site.
3.5. Redeeming/Withdrawing E-Money. You may redeem all or part of any E-Money held in your E-Money Wallet at any time by selecting the relevant option in the CofredCoin Site and following the instructions. Unless agreed otherwise, funds will be transferred to the bank account, mobile money account or any other available withdrawal option you will provide to us.
If this Agreement is terminated, we will redeem any E-Money remaining in your Cofred E-Money Wallet and transfer the funds to the bank account/mobile money account you will provide to us.
Prior to redeeming E-Money from your E-Money Wallet, we may conduct checks for the purposes of preventing fraud, money laundering, terrorist financing and other financial crimes. This may mean you are prevented, delayed from withdrawing E-Money or asked to provide certain identification documents before your funds are released.
3.6. Unauthorized and Incorrect Transactions. Where a purchase of Digital Currency and / or redemption of E-Money is initiated from your E-Money Wallet using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise.
If you believe you did not authorise a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible and in any case no later than 24 hours after the relevant transaction occurred, either by email free of charge at email@example.com or firstname.lastname@example.org or by phone on (+233)303972193 or (+233)303972192 (international call charges may apply). It is important that you regularly check your E-Money Wallet balance and your transaction history regularly to ensure any unauthorized or incorrect transactions are identified and notified to us at the earliest possible opportunity. We are not responsible for any claim for unauthorized or incorrect transactions unless you have notified us in accordance with this section.
If you are fraudulent or you intentionally or negligently fail to carry out your obligations under this Agreement, you will be liable for all resultant losses incurred by you or us.
You will be liable for the losses you incur in respect of an unauthorized transaction which arises from the use of a lost or stolen credentials (for example when you have failed to keep the personalized features of your CofredCoin Account safe).
3.7 Where there is a dispute between us and you regarding an unauthorized transaction, we may temporarily credit and suspend your E-Money Wallet whilst we settle the dispute. Where we determine that the transaction was authorized, we may reverse that credit or release and correct errors made in any statement of E-Money Wallet without prior notice to you. You will also be liable to us for any E-Money you have transferred which was temporarily credited to your E-Money Wallet.
Where a transaction is made incorrectly (e.g. through our error) we shall refund to you the amount of that transaction if refund is possible without undue delay and restore your E-Money Wallet to the state in which it would have been had the transaction not have taken place, although we will endeavour to provide you with reasonable notice where possible. We will also pay any charges for which we are responsible, and for any interest which you can show that you have had to pay as a consequence of any incorrect or incomplete transaction.
Irrespective of our liability, on your request with much reasons to carry out such, we shall try to trace any incorrect or incomplete transaction initiated by you free of charge. However, we cannot guarantee that we will be able to trace such transactions.
4. DIGITAL CURRENCY SERVICES.
4.1. In General. Your Digital Currency Wallet enables you to send Digital Currency to, and request, receive, and store Digital Currency from, third parties by giving instructions through the Cofred Site (each such transaction is a "Digital Currency Transaction").
4.2. Digital Currency Transactions. We will process Digital Currency 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, requestee or another party. Digital Currency Transactions cannot be reversed once they have been broadcast to the relevant Digital Currency network.
Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A Digital Currency Transaction is not complete while it is in a pending state. Digital Currency associated with Digital Currency Transactions that are in a pending state will be designated accordingly, and will not be included in your Digital Currency Wallet balance or be available to conduct Digital Currency Transactions.
We may charge network fees (miner fees) to process a Digital Currency Transaction on your behalf. We will calculate the network fee in its discretion, although we will always notify you of the network fee at or before the time you authorize the Digital Currency Transaction.
We may refuse to process or cancel any pending Digital Currency Transaction as required by law or any court or other authority to which Cofred is subject in any jurisdiction.
4.3. Supported Digital Currencies. Our Digital Currency Services are available only in connection with those digital currencies that Cofred supports, and this may change from time to time. Under no circumstances should you attempt to use your Digital Currency Wallet to store, send, request, or receive digital currencies in any form that we do not support (although we will use reasonable efforts to help you move or sell Digital Currency that we no longer support). We assume no responsibility or liability in connection with any attempt to use your Digital Currency Wallet for digital currencies that we do not support.
If you have any questions about which Digital Currencies we currently support, please visit https://cofredsupport.com
4.4. Digital Currency Storage & Transmission Delays. We securely store Digital Currency private keys, which are the means by which you can securely approve a Digital Currency Transaction. We securely store private keys in our control in a combination of online and offline storage. As a result, it may be necessary for us to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, and you acknowledge that this may delay the initiation or credit of such Digital Currency Transaction.
4.5. Third Party Payments. We have 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 CofredCoin Digital Currency Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will 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 using Digital Currency transferred using the CofredCoin Digital Currency Services, or if you have a dispute with such third party, you should resolve the dispute directly with that 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 CofredCoin Support at email@example.com so that we may consider what action to take, if any.
4.6 Advanced Protocols. Unless specifically announced on the CofredCoin Site or another official public statement of/from CofredCoin, we do not support metal coins, colored coins, side chains, or another derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency we support (collectively, "Advanced Protocols"). You should not use your CofredCoin Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. Our platform is not configured to detect and/or secure Advanced Protocol transactions. You acknowledge and agree that we have no responsibility whatsoever in respect of an unsupported Advanced Protocol.
4.7. Operation of Digital Currency Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform: generally, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security, or availability.
You acknowledge and accept the risk that underlying software protocols relating to any Digital Currency you store in your Digital Currency Wallet may change.
In particular, the underlying protocols are likely to be subject to sudden changes in operating rules ("forks"), and such forks may materially affect the value, function, and/or the name of the Digital Currency you store in your Digital Currency Wallet. Where possible, we may provide you with notices or alerts on forks in accordance with Section 11.11 (Contact Information) below and you must read such notices or alerts received from us in order that you may consider how to deal with upcoming forks. However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. We may, in our reasonable discretion, decline to support either or both branches of a fork.
You acknowledge the risks presented by forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of a forked protocol.
5. DIGITAL CURRENCY EXCHANGE SERVICES.
5.1. In General. The Digital Currency Exchange Service enables you to buy Digital Currency using:
E-Money from your CofredPay account; and / or
Mobile money Account and/or
Local Bank card or by Cash Deposit to any account assigned to you by CofredCoin.
Conversely, when you sell Digital Currency you may elect to receive:
E-Money into your CofredPay account; and/or
Mobile money Account and/or
Deposit to a bank account you will provide to us.
5.2. Mobile Money Transactions. You may purchase supported Digital Currency by using Mobile Money. You authorize us to debit the funds to be used for your purchase from your Mobile Money. Although we will attempt to deliver Digital Currency to you as promptly as possible, Mobile Money may be debited from your said account before Digital Currency is delivered to your Digital Currency Wallet.
You may sell Digital Currency in exchange for E-Money into your Mobile Money. You authorize us to debit your Digital Currency Wallet and credit your E-Money/Mobile Money Wallet with the relevant amount of E-Money.
5.3. Central Bank/Bank Card Transactions. You may purchase supported Digital Currency by linking a valid payment method, such as a credit or debit card, to your Digital Currency Wallet. You authorise us to debit funds using your selected payment method(s) to complete your purchase. Although we will attempt to deliver Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before the status of your Digital Currency transaction is shown as complete and is delivered to your Digital Currency Wallet.
5.4. Transaction Fulfillment. We will make best efforts to fulfill all purchases of Digital Currency, but in some circumstance, we may be unable to. If this is the case, we will notify you and seek your approval to re-attempt the purchase at the current Exchange Rate (as defined below).
5.5. Availability of Payment Methods. The availability of a method of payment depends on a number of factors including, where you are located, the identification information you have provided to us, and limitations imposed by third-party payment processors.
5.6. Transaction Fees. Each purchase or sale of Digital Currency using E-Money/mobile money or bank card issued currency is subject to a fee (a "Processing Fee"). The applicable processing Fee will be displayed to you on the CofredCoin Site prior to each transaction and is stated in each transaction details we issue to you. We may adjust our Processing Fees at any time. We will not process a transaction if the processing Fee and any other associated fees would, together, exceed the value of your transaction.
5.7. Exchange Rates. Each purchase or sale of Digital Currency using E-Money/Mobile Money or bank card issued currency is also subject to the CofredCoin "Exchange Rate" for the given transaction. The "Exchange Rate" means the price of a given supported Digital Currency in E-Money/Local currency depending on location quoted on the CofredCoin Site. The Exchange Rate is stated either as a "Buy Price" or as a "Sell Price,"which is the price at which you may buy or sell Digital Currency, respectively. You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time and that we may add a margin or "spread" to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorize a transaction.
5.8. Authorizations; Reversals; Cancellations. By clicking the "Buy"or "Sell"button on the CofredCoin Site, your are authorizing CofredCoin to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion and Exchange Fees. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize us, in our sole discretion, either to cancel the transaction or to debit your other payment methods, including balances on your E-Money Wallet/Mobile Money and/or Digital Currency Wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid an overdraft, insufficient funds, or similar fees charged by your payment provider.
6. TRANSACTION LIMITS AND ENHANCED DUE DILIGENCE
6.1. Transactions Limits. The use of all Cofred Services is subject to a limit on the amount of volume, stated in error feedback, you may transact or transfer in a given period (e.g., daily). To view your limits, login to your Cofred Account and visit the verification section either with app or website. Your transaction limits may vary depending on your payment method, verification status and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at firstname.lastname@example.org email@example.com
6.2 Enhanced Due Diligence. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with CofredCoin staff (such process, "Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance. In our 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.
7. SUSPENSION, TERMINATION, AND CANCELLATION.
7.1 Suspension, Termination, and Cancellation. We may: (a) refuse to complete or block, cancel or reverse a transaction you have authorized (b) suspend, restrict, or terminate your access to any or all of the CofredCoin Services, and/or (c) deactivate or cancel your CofredCoin Account with immediate effect for any reason, including but not limited to where:
We are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction;
We reasonably suspect you of acting in breach of this Agreement;
We reasonably suspect you have breached our Behavior Policy or our Policy on Prohibited Use, Prohibited Businesses and Conditional Use;
We have concerns that a transaction is erroneous or about the security of your Cofred Account or we suspect the Cofred Services are being used in a fraudulent or unauthorised manner;
We suspect money laundering, terrorist financing, fraud, or any other financial crime;
If your credit or debit card or any other valid payment method linked to your Digital Currency Wallet is declined;
Use of your Cofred Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; and / or
You take any action that may circumvent our controls such as opening multiple Cofred Accounts or abusing promotions which we may offer from time to time.
We may also refuse to complete a transaction you have authorised where there are insufficient funds in your payment method or E-Money account and/or insufficient Digital Currency in your Digital Currency Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction.
If we refuse to complete a transaction and/or suspend or close your Cofred Account, or terminate your use of Cofred Services in this way, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure. In the event that we refuse to complete a transaction and/or suspend your Cofred Account we will lift the suspension as soon as reasonably practicable once the reasons for refusal and/or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.
We may suspend, restrict, or terminate your access to any or all of the Cofred Services and/or deactivate or cancel your Cofred Account, without reason by giving you two months notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Cofred Account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
On termination of this Agreement, unless prohibited by applicable law or by any court or order to which Cofred is subject in any jurisdiction, you may:
transfer Digital Currency and/or your Digital Currency Wallet(s) for ninety (90) days thereafter; and / or
transfer E-Money or digital currency at any point in the six-month period commencing with the date of the termination of the Agreement.
If we suspend or close your account, or terminate your use of CofredCoin Services for any reason, we reserve the right to require you to complete the procedures outlined in Section 2.2. (Identity Verification) before permitting you with transfer or withdraw Digital Currency or E-Money.
You may cancel/close your Cofred Account at any time by withdrawing all balances and visiting www.cofredsupport.com or submitting a support request from your account. You will not be charged for cancelling your Cofred Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation.
8.1. Release of CofredCoin If you have a dispute with one or more users of the CofredCoin Services, you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint ventures, employees and representatives will be liable for any claims, demands and damages (actual and consequential) of any kind or nature arising out of or in any way connected with such disputes.
8.2. Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our or their respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement (including without limitation your breach of our Behavior Policy or our Policy on Prohibited Use, Prohibited Businesses and Conditional Use) or your violation of any law, rule or regulation, or the rights of any third party.
8.3. Limitations of Liability. We shall only be liable to you for loss or damage caused directly and reasonably foreseeable by our breach of this Agreement and our liability in these circumstances is limited as set out in the remainder of this section.
(For the avoidance of doubt the term "loss"includes a partial loss or reduction in value as well as a complete or total loss.)
8.3. A. Liability cap. Except as otherwise provided for in this Agreement, neither we, nor our affiliates or service providers, nor any of our or their respective officers, directors, agents, employees or representatives, will be liable for any amount greater than the combined value of the Digital Currency and E-Money on deposit in your E-Money Wallet and your Digital Currency Wallet at any given time. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the amount of the transaction in dispute.
8.3. B. Limitation of loss. In addition to the liability cap at Section 8.3.A. above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
(i) any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a buy or sell transaction properly, your damages are limited to no more than the combined value of the supported Digital Currency and E-Money at issue in the transaction, and that you may not recover for any "loss"of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell.
(ii) any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same;
(iii) any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data;
(iv) any loss or damage whatsoever which does not stem directly from our breach of this Agreement; and / or
(v) any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
8.3.** C. Applicable law.** The limitation of liability in this Section 8.3 is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Cofred Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractor's negligence.
8.4. No Warranties. The Cofred services are provided on an "as is"and "as available"basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law: specifically we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the Cofred Site, any of the Cofred Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
We make no representations about the accuracy or completeness of historical Digital Currency price data available on the Cofred Site. We will make reasonable efforts to ensure that requests for electronic debits and credits involving cash deposits in bank accounts, credit cards and mobile money are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
8.5. Safety and Security of Your Computer and Devices. Cofred is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or another attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. Cofred customer support will never ask to seek to access your computer or account. Always log into your Cofred Account through the Cofred Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
8.6. No Liability for Breach. We are not liable for any breach of the Agreement where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
9. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION
9.1. Contact CofredCoin If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at https://cofredsupport.com or using the App or write to us at firstname.lastname@example.org/ email@example.com.
When you contact us please provide us with your name and any other information we may need to identify you, your Cofred Account, and the transaction on which you have feedback, questions, or complaints.
9.2. Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge receipt of your complaint if you contact us via our Customer Support webpage. A Customer Complaints officer/agent/representative ("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 Cofred Within the shortest possible time of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an e-mail ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to your complaint within 6 working hours(GMT) for reasons beyond Cofred's control, the Officer will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 7 business days from our receipt of your complaint.
9.3. Offers. Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute an admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
9.4. Arbitration. ** Any dispute exceeding $2,500 (or $2,500) arising out of or in connection with this Agreement (a "Dispute") shall be referred to and finally resolved by arbitration under the Arbitration Rules of the local court Arbitration, which are deemed to be incorporated by reference into this Section. The tribunal shall consist of a sole arbitrator, unless the Court of Arbitration determines that, in view of all the circumstances of the case, a three-member tribunal is appropriate. The place and seat of the arbitration shall be Ghana or Nigeria. The language to be used in the arbitration proceedings will be English. Any award of the tribunal shall be binding from the day it is made, and the parties hereby waive any right to refer any question of law and any right of appeal on the law and/or merits to any court. Judgment on the award rendered by the tribunal may be entered in any court of competent jurisdiction.
If you prevail on any claim for which you are legally entitled to legal fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, Cofred will not seek to have you pay its legal fees, even if fees might otherwise be awarded unless the arbitrator determines that your claim was frivolous.
The parties agree to keep confidential all matters relating to the arbitration, including related court proceedings, to the greatest extent practicable. For purposes of this arbitration provision, references to the parties also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorised Users or beneficiaries of the Cofred Services. Nothing in this Section 9.5 (Arbitration) shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction. If any provision of this Section 9.4 (Arbitration) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
9.6. Claims. You agree to use the complaints procedure set out at Section 9.2 of this Agreement before contacting the Local Court of Arbitration. You agree to contact the Local Court of Arbitration in accordance with Sections 9.4 of this Agreement respectively before filing any claim in a competent court. If you do not follow the procedures set out in this Section 9 before filing a claim in a court, we shall have the right to ask the court to dismiss your filing unless and until you complete the steps outlined above.
10. DATA PROTECTION.
10.1. Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement, or the Cofred Services. Accordingly, you represent and warrant that:
your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
11. GENERAL TERMS AND CONDITIONS.
11.1. Limited License. We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the CofredCoin Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the CofredCoin Site or Content is expressly prohibited and all another right, title, and interest in the Cofred Site or Content is exclusively the property of CofredCoin and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part on "Cofredcoin.com, cofredpay.com" and all logos related to the CofredCoin Services or displayed on the CofredCoin Site are trademarks or registered marks of Cofred or its licensors. You may not copy, imitate or use them without our prior written consent.
11.2. Website Accuracy. Although we intend to provide accurate and timely information on the CofredCoin Site, the CofredCoin Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the CofredCoin Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Cofred Site.
11.3. Third-Party Applications. In order to access Cofred Services users are required to provide an email address and create a password. Cofred may offer second-factor authentication via Google Authenticator app-based One Time Password or SMS to the phone number. A verified phone number would be required to enable second-factor authentication via SMS. Users are responsible for keeping electronic devices through which Cofred Services is accessed safe and maintaining adequate security and control of any and all security details that are used to access the Cofred Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user's Cofred Account by third-parties and the loss or theft of any E-Money, Digital Currency and/or funds held in your Cofred Account and the misuse of any associated accounts, including linked bank account(s), credit/debit card(s) or which ever payment method on your account. Users must keep security details safe at all times. For example, passwords and authentication seeds be safeguarded and not shared or made visible to others. Cofred strongly recommends the use of password and second factor protected password managers to safeguard login credentials and Personal Identification Numbers, PINs, and/or biometric authentication features to safeguard second factor generating mobile devices.
11.4. Prohibited and Conditional Use. In connection with your use of the Cofred Services, and your interactions with other users and third parties, you agree to comply with the Cofred Policy on Prohibited Use, Prohibited Businesses and Conditional Use.
11.5. Export Controls & Sanctions. Your use of the Cofred Services and the Cofred Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Currency through the Cofred Site or Cofred Services, you agree that you will comply with those requirements. You are not permitted to acquire Digital Currency or use any of the Cofred Services through the Cofred Site if you intend to supply any acquired or stored Digital Currency or Cofred Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
11.6. Amendments. We will notify of you any change to the Agreement relating to Cofred E-Money Services by email at least two months in advance. In such circumstances, you will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the Services. If you do not accept the change, the Agreement will terminate at the end of the two-month notice. You may also end the Agreement immediately and free of charge with effect at any time before the expiry of the two-month notice. We may make all other amendments to the Agreement by posting the revised Agreement on the Cofred Site or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your Cofred Account and cease using the Cofred Services.
Copies of the most up-to-date version of the Agreement will be made available in the Cofred Site at all times and will be provided to you by email on your request.
11.7. Relationship of the Parties. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or Cofred to be treated as the agent of the other.
11.8. Privacy of Others; Marketing. If you receive information about another user through the Cofred Services, you must keep the information confidential and only use it in connection with the Cofred Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effect a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the Cofred Services.
11.9. Password Security. In order to access Cofred Services you will be required to create or be given security details, including a username and password. You are responsible for keeping the electronic device through which you access Cofred Services safe and maintaining adequate security and control of any and all security details that you use to access the Cofred Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is encrypted and password protected. Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Cofred Account by third-parties and the loss or theft of any E-Money, Digital Currency and/or funds held in your Cofred Account and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others.
11.10. Security Breach. If you suspect that your Cofred Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or Cofred you must notify Cofred Support as soon as possible by email free of charge at firstname.lastname@example.orgemail@example.com or by calling us on (+233)303972192/3 (international charges may apply) and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
11.11. Contact Information. You are responsible for keeping your email address and other informations up to date in your Account Profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breach).
11.12. Taxes. It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Cofred 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 Cofred Account.
11.13. Unclaimed Property. If we hold E-Money or Digital Currency, and we are unable to contact you and have no record of your use of the Cofred Services for several years, applicable law may require us to report the E-Money or Digital Currency as unclaimed property to the authorities in certain jurisdictions. 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 E-Money or Digital Currency to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
11.14. Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire agreement between you and Cofred.
11.15. Interpretation. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
11.16. Transfer. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving Cofred provided that this transfer or assignment does not materially impact the quality of the Cofred Services you receive.
11.17. Security Interests. You must not create security over your E-Money or Digital Currency unless we say you can in writing.
11.18. Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
11.19. Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
11.20. Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
11.21. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the sections relating to suspension or termination, Cofred Account cancellation, debts owed to Cofred general use of the Cofred Site, disputes with Cofred and general provisions, will continue to be binding and operate after the termination or expiration of this Agreement.
11.22.** Governing Law and jurisdiction.This Agreement will be governed by laws of Ghana and Nigeria and the non-exclusive jurisdiction of the above courts. However, if you are an individual not engaged in conduct related to your trade, business or profession, and you are resident outside Ghana and Nigeria, you may also petition the courts of the jurisdiction in which you reside ("Home Jurisdiction**") and the law governing this Agreement may include any such consumer laws of your Home Jurisdiction that provide greater consumer protection than is available under laws of the said countries.