Website Terms and Conditions of Use

Last Updated: March 22, 2022

Acceptance of the Website Terms and Conditions of Use

These website terms and conditions of use for eukaswap.com constitute a legal agreement and are entered into by and between you and EukaSwap ("Company," "we," "us," "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use of, including any content, functionality, and services offered on or through eukaswap.com (the "Website").

BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS, OUR ANTI-MONEY LAUNDERING POLICY AND OUR PRIVACY POLICY, FOUND AT https://eukaswap.com/legal/privacy IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

By using this Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Services

The Company provides its users on this Website with a selection of services that include, without limitation, a non-custodial digital currency exchange that allows users to securely purchase and sell certain digital currencies in exchange for Canadian dollars, and over-the-counter trading desk (“OTC”) (the "Services"). Your eligibility for OTC services is subject to the sole and absolute discretion of the Company after passing the requisite KYC/AML checks. If eligible, you may be allowed to submit orders for digital currency purchases and sales on individually agreed upon terms between yourself and the Company. The Company reserves the right to add additional Services to those that it currently offers, which use of such Services shall continue to be governed by this Agreement. Your use of the Services may be subject to additional terms at any time, and in the sole discretion of the Company.

The use of the Services will involve the payment of a fee to the Company. By accessing the Services, you acknowledge and agree to pay any applicable fees in relation to the Services you are using.

The Company does NOT provide any financial or investment advice, digital wallets, custodial services, act as an intermediary or marketplace between users, extend credit to users, brokering services, trading services or facilitate anything in furtherance of a trade of securities as defined in the Ontario Securities Act and described in the relevant National Instruments published by Canadian Securities Regulators. The Company does not hold, safeguard or administer any private keys, digital currencies, or security information for its users.

Service Acknowledgement

By engaging in the services you acknowledge and agree that:

You will incur a percentage based fee in the sole and absolute discretion of the Company, and which will be disclosed to you before you consent to the closing of a transaction.
The Company is not responsible for any additional fees you may incur from any applicable financial institution. The Company has no knowledge of any additional fees and is not liable for any additional fees that you may incur from any applicable financial institution
If any digital currencies you have purchased through the Company’s services become no longer available through the Company’s services, the Company is not assuming any liability associated with the removed digital currency.
The Company’s acceptance of an order does not guarantee that you will receive the corresponding amount of digital currency or fiat per the order. Your order is conditional upon the Company’s receipt of funds via your credit or debit card, as well as the payment of any applicable fees.
Transactions on our website cannot be guaranteed to be completed in a timely manner and are subject to a certain number of confirmations by the applicable blockchain before being executed.
The Company has sole discretion and right to change transaction limits and parameters in accordance with applicable laws and regulations.
That the Company is subject to transaction limits which it has the right to impose on you to comply with applicable laws. If any action you take exceeds these transaction limits, the Company has the right to decline your request, or impose additional KYC requirements before processing the transaction. The Company is not liable for any delays that transactions that exceed the limits may cause. If you would like to discuss an increase to your transaction limits and determine whether your account is eligible for an increase, please contact support@eukaswap.com
That the Company will use its best efforts to fulfill any transactions, however, from time to time, it may be necessary for the Company to delay the fulfillment of a transaction for compliance reasons. In addition to this, you acknowledge that the Company has no control over transaction times for blockchain networks, and that any delays in these networks may translate to a delay in your transaction. Please contact support@eukaswap.com if you have any concerns about a particular delay
Purchases may fluctuate from displayed prices if transactions are not executed immediately from reviewing and accepting any prompts or confirmations of the proposed transaction. The Company is not liable for any fluctuations in prices.
Any issues experienced by you with third party transactions using digital currencies you obtained through our Services must be resolved directly with that third party. You acknowledge and agree that the nature of the Company’s services means that the Company cannot be liable for any losses or damages you experience as a result of making a purchase through our Services.

Transferring Fiat to Your Account

You may have the ability to upload fiat currencies onto your account. Your account will be credited only once the Company has received your funds. The method you use to upload fiat to your account will require that you provide us with specific information relevant to that method, and for each method, you are representing that you have the required authority to engage in that method, and that your financial institution is amenable to you completing the transaction. Please note that if you are uploading fiat with a debit or credit card, you will be required to provide card details and represent that the information provided is correct, that you are authorized to use the card and its associated accounts, that your card and accounts are in good standing with your financial institution and that you have the authority to initiate credit or debit card payments. If you choose to upload fiat by means of bill payment, EFT or wire transfer, then you acknowledge that your transaction will not be completed or processed until, and is conditional upon, the Company receiving funds first. Notwithstanding anything in this paragraph, EukaSwap is not a bank, and the services are in no way a bank account, or a substitute for a bank account. Any fiat balances held in your account represent an unsecured claim against the Company and are not insured

Eligibility

By accessing this Website and using the Company’s Services, you are representing that:

If you are an individual, you are at least 18 years of age;
If you are a business entity, you have been legally constituted in your jurisdiction;
You have passed the Company’s KYC or KYB, and AML checks and safeguards;
You have the authority and capacity to enter into this Agreement;
Your access and use of the Website and the Services do not conflict with any agreements, covenants, obligations or other obligations you may have to third parties;
You are using the Services on behalf of yourself;
You understand that your use of the Website or Services may be terminated at any time, in the sole and absolute discretion of the Company;
You are not a person listed on any sanctions list in Canada or any other country;
You are not a “Politically Exposed Person” as defined by Canadian law or as defined by similar legislation in your applicable jurisdiction;
You reside in a country where the use of our website and Services are not prohibited;
You are not otherwise restricted from using the Services;

Account

Your access to certain Services may be restricted or conditional upon you registering and verifying an account with the Company. By registering, you are representing that you meet all of the eligibility requirements in the Eligibility section above, and that you have read and understood these terms of use. Each user cannot register more than one account.

You acknowledge and agree to provide us with any information that we may be required to obtain in order to comply with all applicable laws and regulations that we are subject to in order to provide you with the Services. This information may include, but is not limited to, account information from your financial institution. For legal reasons, the information you provide must be complete, accurate and truthful.

At any time, the Company may require that you provide us with further information for your account. The Company is relying on your information to be correct, and therefore, any liability arising from inaccurate information provided by you for your account is solely your responsibility. You will be responsible for any losses resulting from the provision of inaccurate information, or for any unauthorized access or use to your account. You must notify the Company promptly of any unauthorized access or use of your account.

The Company may store your credit card information with your account in order to facilitate transactions more easily in the future and help detect fraud. Your agreement to these terms constitutes your express agreement to the Company storing your credit card information. If you do not agree to the Company’s storage of your credit card information for credit card transactions, you will not be able to access that part of the Company’s Services. This information will be stored in accordance with our Privacy Policy.

The Company has no liability whatsoever in relation to lost passwords, seed phrases or private keys that may relate to the use of our website. You acknowledge and agree that you are solely responsible for maintaining control and security of your account. If at any time you believe that your account has been compromised, you must contact the Company at support@eukaswap.com and we advise that you change your password.

You may terminate your account at any time by contacting us at support@eukaswap.com. The Company has the right to refuse the creation of duplicate accounts for the same user and if a duplicate account is detected, the Company has the right to terminate it. Applicable laws and regulations may require that the Company retain your information and account details for an extended period of time after voluntary or involuntary termination.

Your Use of the Website and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, e-mail, message boards, profiles (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://eukaswap.com/legal/privacy

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material or code on our Website, in any form or medium whatsoever except:

Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
In the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy, or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use of the Website, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

The following site content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the website or to other users or persons (collectively, "User Submissions") and any and all Interactive Functions. Any and all User Submissions must also comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:

In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, anti-money laundering, securities, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at https://eukaswap.com/legal/privacy
In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion.
Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
Involve, provide, or contribute any false, inaccurate, or misleading information.
Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Conditions of Use and User Submissions and Site Content Standards.
Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
Transmit, or procure the sending of, any advertisements or promotions [without our prior written consent], sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

User Submissions: Grant of Licence

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the Conditions of Use and User Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not the Company nor Company's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

Site Monitoring and Enforcement, Suspension, and Termination

Company has the right, without provision of notice to:

Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

If for any reason whatsoever, the Company believes that your use of the Website or Services are in breach of these terms, in violation of any Canadian laws, we suspect fraudulent activity or financial crime associated with your account or your breach exposes the Company or its affiliates, employees, officers directors or any other related persons to financial, security, legal, reputational or other forms of risk, your use of the Services may be suspended or terminated. The Company’s operations are strictly regulated, and in order to meet these compliance standards, the Company reserves the right to temporarily suspend or terminate your ability to use the Services at any time. Your use of the Services or Website may be suspended or terminated for any length of time, subject to the Company’s sole and absolute discretion. In the event that your access to the Website and/or Services are suspended or terminated, you will remain liable for all amounts owing to the Company.

No Reliance

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.

This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at https://eukaswap.com/legal/privacy, as we deem necessary for use of the Website and provision of services.

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see https://eukaswap.com/legal/privacy

Third-Party Websites

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Our Services may be provided through third parties. These terms and conditions will apply in addition to any terms and conditions that those third parties may also subject you to by using their services. The Company is not responsible in any way for the acts or omissions of third party service providers offering our Services and we do not make any express or implied warranties or conditions, including quality, merchantability, fitness for a particular purpose, title and non-infringement.

Geographic Restrictions

The owner of the Website is based in Ontario in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY LOSSES, FRAUD, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE AND/OR ITS SERVICES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions.

Risk Acknowledgement

By accessing our Website and Services, you agree and acknowledge that there are inherent risks associated with digital currencies which are independent of the Company, and that the company is not liable for any liabilities or losses associated with the Services. You acknowledge and agree that the use of our Services requires a sophisticated and technical understanding of blockchain technology and digital currencies, and that you have the requisite knowledge and understanding to successfully use our Services and understand these Terms. Your use of the Website constitutes your agreement and acknowledgement that the following non-exhaustive list of risk factors may apply to your use of the Services.

You are responsible for having the appropriate safeguards in place and securing your devices before transacting with digital currencies.
You are responsible for ensuring that any transfers of digital currencies contain the correct wallet information. The Company cannot correct erroneous transfers, transactions or actions on the blockchain. The Company is not responsible and has no obligation to check whether you have provided the correct wallet information.
You acknowledge that transactions on the blockchain are irreversible.
You may experience losses with specific blockchain networks that are outside of the Company’s control.
There may be delays in blockchain networks that may affect the Services.
Any prices of digital currencies on the Website are subject to change at any time.
You acknowledge that the digital currencies you are purchasing are not securities as defined by the Ontario Securities Act, and therefore, you will not have recourse to any remedies under that act, or any other law regulating the purchase and sale of securities.
You acknowledge that the Company has no control over the technology governing any of the digital currencies that are available to you through our Services, and that the Company is not responsible for any consequences that may arise from the possibility or actuality of any fork of any blockchain that may affect any of the digital currencies offered through the Services.
The Company is not making any representations or warranties relating whatsoever to any of the digital currencies offered through our Services. You acknowledge and agree that it is your responsibility to do your own research to make informed decisions about digital currencies. The inherent risks associated with digital currencies may result in the value of any digital currencies purchased through our Services to drop to zero. You expressly agree that you will not hold the Company or anyone connected with the Company liable for any losses or damages associated with the loss of value of any digital currency or product offered through our Services.
Due to the nature of the Company’s services being non-custodial, you acknowledge that there is no insurance coverage or government protection of any kind that you may rely on when using the Company’s services.
The Company’s ability to fulfill its obligations to you when engaging in our Services are limited by the availability of digital currencies, amongst other factors. You acknowledge that the use of the Services in no way guarantees the successful or timely completion of any transaction involving digital currencies.
You acknowledge that we may become the target of cyber attacks which may result in the inability to perform our obligations.
Incomplete transactions may be cancelled by the Company at any time.
Any digital currencies you may use to participate in our Services are not subject to any encumbrances and you have the full legal authority to deal with them as you please.
You acknowledge that the Company may exercise any means or legal remedies available to it to enforce these terms and ensure satisfactory payment for any Services you use.
Laws and regulations that govern digital currencies are subject to change at any time and these changes may affect the Company’s operations and your eligibility to use our Website or Services.

Chargeback and Refund Policy

You are responsible for any and all reversals, chargebacks, claims, fees, penalties or any other liability incurred by the Company that is resulting from your direct or indirect breach of these terms or from your use of the Services. You are agreeing to reimburse and indemnify the Company for any such liabilities. If for whatever reason, including but not limited to chargebacks, your account has a negative or outstanding balance, this will represent an amount you owe to the Company, which you expressly agree to pay to the Company without requiring notice from the Company.

Due to the nature of the Company’s services and the use of blockchain technology, all purchases or sales are final and no refunds will be available. Once an order for digital currencies has been placed by you, it cannot be cancelled or recalled. You will not be entitled to any credit for failed transactions. The Company’s obligations to you will be completely discharged and satisfied upon the delivery of either digital currencies or fiat depending on the nature of your transaction, and you shall have no claim against the company upon delivery.

Currency Exchange Risk

By using this website, you acknowledge and agree that the purchase and sale of digital currencies may expose you to slippage or currency foreign exchange risks. We cannot, and do not make any representations or warranties that there will be no difference between the price of the original market order placed for digital currencies and the actual price paid (“Slippage”). You acknowledge the volatility of digital currencies and the risk of Slippage at any time when transacting with digital currencies. You acknowledge and agree that the Company is not liable or responsible for any losses due to Slippage or the occurrence of any Slippage. We also cannot, and do not make any representations or warranties that the same conversion rate would apply to any transactions involving stablecoins because the value of the currency pegged to those stablecoins may change at any given time. You will have the opportunity to view the conversion rate for a transaction before entering into it, and once entered into, you acknowledge and agree that you must pay the conversion rate for the applicable transaction, regardless of any changes in the value of the stablecoin’s underlying currency. The Company’s ability to successfully execute these transactions are subject to applicable laws and the access the Company has to the relevant currencies. The Company shall not be liable for any damages or losses whatsoever arising from currency foreign exchange risk.

Governing Law and Choice of Forum

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

As-Is Basis

Due to the nature of the Services and the Company’s industry, the Company is offering these services on an “As-Is” basis, without any warranty of any kind. Any purchases made through the Website are final.

Taxes

You acknowledge and agree that it is your sole responsibility to determine any tax liability you may owe to the relevant Government Authorities as a result of your use of the Services and any activity that may result from the use of the Services.

Force Majeure

The Company shall not be liable for any interruption to its Services that come as a result of any event beyond the control the Company that could not have been reasonably foreseen and against which it could not have protected itself such as any natural disaster, epidemic, pandemic, fire, accident, act of war (whether declared or not), insurrection, riot, act of terrorism, strike, spontaneous work stoppage or slowdown, lockout, change in market conditions, power or telecommunications outage (including internet and cell phone services), intervention by civil or military authorities, or compliance with any law, government decree or order issued by any public authority.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Assignment

The Company has the unilateral right to assign this agreement without notice to you, in its sole and absolute discretion.

Entire Agreement

The Terms and Conditions, Anti-Money Laundering Policy and our Privacy Policy constitute the sole and entire agreement between you and EukaSwap regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. If you are using any other services provided by the Company that contain their own set of Terms and Conditions, Privacy Policies, Anti-Money Laundering Policy or other policy, then the terms in those agreements will form part of this Agreement and you agree to be bound by all such terms and obligations present in those agreements. Nothing in those agreements is intended to conflict with these terms.

Reporting and Contact

This website is operated by EukaSwap, 5000 Yonge St, Suite 1901, Toronto, Ontario, M2N 7E9.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at support@eukaswap.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to support@eukaswap.com.

DATE: March 22, 2023

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