Pelicoin Terms and Conditions
Please read these Terms carefully before using Pelicoin Services (“Services”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all customers and others who access and use the Services.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may choose not to use or continue to use the Services.
1. GENERAL USE
1.1 Services allows customers to convert USD to bitcoin and vice versa. Pelicoin will take a certain percentage of each transaction as compensation for performing these Services. The price at which Pelicoin buys and sells bitcoin will be provided to you on the Pelicoin Kiosk screen.
1.2 Buying Bitcoin. To buy bitcoin, you will scan or manually enter the desired bitcoin wallet at the Pelicoin Kiosk (“Kiosk”). You will then insert the desired amount of USD into the Kiosk. The appropriate amount of bitcoin, minus any fees, will be sent to the scanned or manually entered wallet address.
1.3 Buying Bitcoin Using the Paper Wallet Function. In lieu of scanning or manually entering a digital wallet, you may have the option of printing out a Paper Wallet. The Paper Wallet will show a QR code, which will contain the amount of bitcoin purchased. Warning: Do not throw away or lose this Paper Wallet before scanning it to another wallet, as it contains bitcoin. Pelicoin will not repay you if you lose or throw away your Paper Wallet.
1.4 Selling Bitcoin. To sell bitcoin, you will be prompted to send the appropriate amount of bitcoin to the address provided on the Kiosk screen. Once the bitcoin is confirmed received by Pelicoin, you will be able to withdraw the appropriate amount of USD, minus any fees, at the kiosk.
1.5 Delay in the Bitcoin Network. Confirmations on the Bitcoin Network could take time and in some rare instances could take hours, if not more. By using these Services, you understand that it could take time for the transaction to be completed due to these delays in the Network. You also understand that these delays are caused by the Bitcoin Network itself, and not associated with Pelicoin or its licensers.
1.6 Miner Fees. To speed up the confirmation time for withdrawals, Pelicoin recommends that you attach a larger miner fee to the transaction. Any miner fees that are attached will be the sole responsibility and will be paid by you. Note: If a refund is necessary of requested, you understand that any miner fees will be subtracted from the total refund amount.
2. RISKS ASSOCIATED WITH BITCOIN.
2.1The risks of trading or holding bitcoin can be substantial. You should carefully consider whether trading or holding bitcoin is the right financial decision for you.
3. PELICOIN ACCOUNT
3.1 Account setup. To be able to make purchases or withdrawals, it will be necessary for you to set up a Pelicoin account. To set up an account, Pelicoin may require you to input your phone number and scan you government-issued ID.
3.2 Identity Verification. You hereby authorize Pelicoin to directly, or through third-parties, to make any inquires necessary to verify your identity and to take steps necessary to protect against fraud and other illegal activity based on the results of such searches.
3.3 Account Information. You hereby authorize Pelicoin to store your account information. You also authorize Pelicoin to use your account information to help protect against fraud and other illegal activity.
3.4 Termination or Suspension of Account. Pelicoin may terminate or suspend access to its Services at any time, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms. All provisions of the Terms, which by their nature survive termination, shall survive termination, including, without limitation, ownership provision, warranty disclaimers, indemnity and limitation of liability.
4. PROHIBITED USE
4.1 In connection with your use of these Services, you agree and represent that you will not engage in any illegal use. Pelicoin reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process, or government request.
5. LIMITED LICENSE.
5.1 Pelicoin grants you a limited, nonexclusive, nontransferable license, subject to these Terms, to access and use the Pelicoin Kiosk and its Services. Pelicoin grants the right to use its Services solely for approved purposes as permitted by these Terms and Pelicoin from time to time. Any other use of these Services is expressly prohibited and all other right, title, and interest in or arising out of these Services is exclusively the property of Pelicoin and its licensors. You agree that you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale or, create derivate works from, or in any other way exploit any of the Services, in whole or in part. All logos related to Pelicoin and its licensors or displayed on the Kiosk are either trademarks, registered marks , or associated with Pelicoin or its licensors. You agree not to copy, imitate or use them without Pelicoin prior written consent.
6. GENERAL PROVISIONS.
6.1 LIMITATION OF LIABILITY; NO WARRANTY. IN NO EVENT SHALL PELICOIN, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR REPRESENTATIVE BE LIABLE A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE TRANSACTION AT THE KIOSK OR B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PELICOIN HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE PELICOIN SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PELICOIN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. PELICOIN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
PELICOIN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AMOUNT OF TIME NECESSARY TO COMPLETE THE TRANSACTION WHICH IS DEPENDENT UPON MANY FACTORS OUTSIDE OF PELICOIN’S CONTROL.
6.2 Amendments. From time to time, it may be necessary for Pelicoin to amend or make changes to these Terms. As such, you should review these terms periodically.
6.3 Governing Law. Notwithstanding conflict of law principles, any dispute arising out of these Services will be governed by the laws of the state of Louisiana.
6.4 Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Pelicoin affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Scope and Consent
This policy describes the ways Pelicoin and its subsidiaries (hereinafter, “Pelicoin”, “we”, “our” or “us”) collect, store, use and protect Personal Data. The purpose of this policy is to ensure that Pelicoin complies with applicable United States (US) federal and state regulations, and European Union (hereinafter, “EU”) data protection laws such as the General Data Protection Regulation (hereinafter, “GDPR”). Pelicoin’s Services include merchant processing services, products, or any other features, technologies or functionalities (hereinafter: “Services”) offered by Pelicoin.
There are six types of data subjects whose personal data we may process:
1. Visitors of our websites (pelicoin.com); 2. Customers that use Pelicoin’s USD withdrawal service; Customers that use Pelicoin’s cryptocurrency withdrawal service.
What is “personally identifiable information?”
“Personally Identifiable Information” (hereinafter: “Personal Data”) is any information that can be directly associated with a specific person and can be used to identify that person. A prime example of identifiable information is a person’s name.
What kind of personal data do we collect?
The Personal Data we collect depends on the type of user:
1. Visitors: We may collect the following Personal Data for visitors of our websites (https://www.pelicoin.com): IP address, Email address (e.g. when you subscribe to our blog or opt in to receive other marketing materials), Phone number (e.g. when you submit a support request) Name (e.g. when you submit a support request) We may collect information about a visitor’s computer or other access devices for fraud prevention purposes.
2. Customers that use Pelicoin’s USD withdrawal service: When opening an account, we may collect the following types of Personal Data from the Customer: Name, Email address, Date of birth, Identification documents (such as a passport or driver’s license), Proof of address document (such as a bank statement or a utility bill). We may use this Personal Data for risk-management purposes (i.e. to verify customer’s identity or address). We may also obtain information about our Customers from third parties such as credit bureaus and identity verification services. We ensure that such third parties adhere to the same data protection principles as Pelicoin.
3. Customers that use Pelicoin’s cryptocurrency withdrawal service: When opening an account, we may collect the following types of Personal Data from the Customer: Name, Email address, Date of birth, Identification documents (such as a passport or driver’s license), Proof of address document (such as a bank statement or a utility bill). We may use this Personal Data for risk-management purposes (i.e. to verify customer’s identity or address). We may also obtain information about our Customers from third parties such as credit bureaus and identity verification services. We ensure that such third parties adhere to the same data protection principles as Pelicoin.
Sensitive or special categories of personal data
Pelicoin does not process any sensitive personal information, such as religion, race, ethnicity and/or political views.
Why we collect personal information
How we protect and store personal information
We are a regulated Financial Institution in the United States and per the applicable Bank Secrecy Act provisions, we will retain Personal Data that has been obtained as a part of our Customer Identification Program for a period of 5 years after an account has been closed or became dormant.
How we share personal data with third parties
We may sell your Personal Data to third parties for their marketing purposes. We may combine your information with information we collect from other companies and use it to improve and personalize the Pelicoin Services, content and advertising. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, you can send an email to firstname.lastname@example.org.
To communicate with a Pelicoin executive staff member with regards to data protection, please email email@example.com.