🌍 Non-EU Users
🇪🇺 EU Users

Terms & Conditions

1. Declarations and basic information

These Terms and Conditions and any amendments and restatements hereof (the “Agreement”) form a legal agreement covering the provision of services from Haven to you (“User”), including offering a platform to enable you engage in the transaction of “Digital Assets” (such term to be broadly understood to include digital currencies such as Bitcoin, Tether, and others, supported by an Haven Wallet).

The Agreement is a contract between you as an individual and Nestcoin Holdings Limited (“Nestcoin”, or the “Company”), a private limited liability company incorporated in the British Virgin Islands, with Registration Number 2074697, and shall apply to anyone who uses the Company’s affiliated product, Haven.

By signing up to use an application account through havenclub.com or any associated websites, APIs, or mobile applications, including any URLs operated by Haven (collectively the “Haven Platform” or the “Platform”), you agree that you have carefully and thoroughly read, understand, and accept all of the terms and conditions contained in this Agreement including our Privacy Policy. If you do not agree with any of the terms contained herein, kindly refrain from using the Haven platform and Services.

Haven reserves the right to update, revise, modify, or otherwise, reissue these terms without prior notice. The continued use of your Haven account after any amendment to this Agreement constitutes your acceptance of the Agreement as modified by such amendment.

THE VALUE OF DIGITAL ASSETS CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING IN DIGITAL ASSETS. YOU SHOULD CAREFULLY CONSIDER WHETHER TRADING OR HOLDING DIGITAL ASSETS IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION.

2. About HAVEN and its Services

Haven is a platform designed to facilitate fiat deposits and withdrawals for crypto users, for the purchase and sale of Digital Assets, with payment methods chosen by buyers and sellers through the platform. Haven provides hosted digital wallet services, securely holding and releasing Digital Assets based on instructions upon the completion of a transaction, alongside any other services described in this Agreement (collectively the "Services" and individually, a "Service"). Users are responsible for selecting and using payment methods in compliance with applicable laws to complete transactions. However, Haven does not offer peer-to-peer services.

You hereby accept and acknowledge that you take full responsibility for all activities that occur under your wallet and accept all risks of any authorised or unauthorised access to your wallet, to the maximum extent permitted by law.

3. Definitions

The following terms shall be understood as follows:

  1. Account – the User’s account created on its order on the basis of its personal data provided by the User and constituting a collection of data stored in Haven’s app and IT system concerning a given User, services providing for him, as well as the ordered, executed Transactions and concluded contracts.
  2. AML / CTF risk assessment – evaluation as to whether transactions, behaviours, or a user create risks of laundering funds originating from illegal activities or financing of terrorism; performed by Haven also with support from external service providers; as fulfillment of the obligation set forth guidelines published by international organizations and binding provisions of law.
  3. Consumer – a natural person using the Platform in a manner not directly related to its business or professional activity.
  4. Customers - individuals who are interested in holding digital assets or swapping their asset position (either Fiat or Crypto) for another.
  5. Cryptocurrency – a transferable property right which is neither legal tender, electronic money nor a financial instrument. The list of Cryptocurrencies whose turnover, deposits and withdrawals are allowed on the Platform is published on the Platform. The change of the list mentioned above shall not constitute a change of the Service Contract.
  6. Delisting – removal of possibility to trade, deposit or withdraw of Fiat Funds or Cryptocurrencies on the Platform. Delisting shall not constitute a change of the Service Contract.
  7. Fiat Funds – traditional currencies, i.e. those commonly recognised by governments as legal tender. The list of Fiat Funds whose turnover, deposits and withdrawals are allowed by the Service is published on the Platform’s pages. The change of the list mentioned above shall not constitute a change of the Service Contract.
  8. Login Details – data given or determined by the User (including password and OTAC) enabling it to access the Account;
  9. Platform - The Haven Platform facilitates transactions, encompassing all related interfaces, including but not limited to the website and app.
  10. Regulations – these Regulations, specifying, in particular, the principles of concluding remote contracts with or through Platform as well as the principles of performance of these contracts, the rights and obligations of Haven and the User, and the principles of complaint procedure.
  11. Service – providing Users with an electronic platform for the exchange of information and concluding Transactions, as well as other actions of Haven, enabling the operation and use of the Platform.
  12. Service Contract – the contract concluded between Haven and the User, by acceptance of the Regulations by the User, which defines the principles of using the Services provided by Haven by the User, the content of the Service Contract include: Regulations, table of fees and pricing posted on the Platform, KYC / CDD policy, privacy policy.
  13. Transaction – the contract of sale of the Cryptocurrency in exchange for another Cryptocurrency or in exchange for the Fiat Funds, concluded by Users through the Platform, as well as deposits and withdrawals made by the User.
  14. Merchant/ Transaction Partner - An individual or business who has liquidity, either in Fiat or Crypto, with which he is able to meet requests of Customers, exchanging their asset holding with their desired asset which he holds.
  15. User – an entity which uses the Platform;
  16. Website – Haven’s webpage operating under the domain havenclub.com with all its subpages and tabs.

4. Account & Registration

  1. In order to use the Services, you will need to register an account through our Platform. During the registration process, we will ask you for certain information, including but not limited to, your name, address and other personal information to verify your identity. We may, in our sole and absolute discretion, refuse to maintain an account for you. You hereby accept and acknowledge that you:
    1. are of legal age in your respective jurisdiction to agree to this Agreement; and
    2. have not previously been suspended or removed from using our Services.
  2. By using your account, you agree and represent that you will use our Services for yourself and you may not use your account to act as an intermediary or broker for any other third party, person or entity. Unless expressly authorised by Haven, you are only allowed to have one account and are not allowed to sell, borrow, share or otherwise make available your account or any detail necessary to access your account to people or entities other than yourself. You are solely responsible and liable for maintaining adequate security and control of any and all usernames, email addresses, passwords, two-factor authentication codes or any other codes or credentials that you use to access the Services. Your account must not contain misleading or fraudulent information. Creating false information for your account, falsifying your country of origin or providing fraudulent identification documents is strictly prohibited.
  3. During the registration of your account, 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 Services, which procedures may be modified as a result of information collected about you 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, social security number, taxpayer identification number, and government identification. In providing us with this or any other information that may be required, you confirm that all of the information is true, accurate and not misleading. You agree to promptly keep us updated if any of the information you provide changes.

YOU AUTHORISE US TO MAKE 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 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.

  1. If you are using the Services on behalf of a legal entity such as a corporate entity, you further represent and warrant that:
    1. the legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation; and
    2. you are duly authorised by such a legal entity to act on its behalf.
    3. You agree and acknowledge that as part of the onboarding flow for business/corporate Merchants, the authenticity of the documents submitted will be verified vis a vis that which is on the file of the requisite regulatory agency.
  2. A corporate-verified account is specific to that legal entity and can only be used by the person who registered it. Corporate accounts are not allowed to be shared with or used by other individuals or entities.
  3. You are solely responsible for creating a strong password and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access our Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorised access to your account by third parties and the loss or theft of any Digital Assets and/or funds associated with your account, including your linked payment methods.
  4. You are solely responsible for keeping your email address, telephone number and other contact details up to date in your account profile in order to receive any notices or alerts that we may send you. You should never allow remote access or share your computer screen with someone else when you are logged on to your account. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Haven and/or your failure to follow or act on any notices or alerts that we may send to you.
  5. To use our Services you may need to fulfill certain legal obligations in your country and/or state of residence. By accepting these terms in this Agreement, you confirm that you have reviewed your local laws and regulations and that you are aware of, and fulfill, any and all such obligations. Due to legal or regulatory prohibitions, we do not offer the use of our Services in certain jurisdictions. By accepting the terms in this Agreement, you confirm that you are not a resident or governed by the laws and regulations of those jurisdictions.
  6. We may not make all of the Services available in all markets and jurisdictions and may restrict or prohibit use of all or a portion of the Services from certain jurisdictions (“Restricted Jurisdictions”). At this time, Restricted Jurisdictions include those that are identified on our List of Banned Countries”, You must not attempt to use our Services if you are located in any of those Restricted Jurisdictions. You must not attempt to circumvent any restrictions imposed via the Services, such as by obscuring your IP address or submitting any inaccurate information regarding your location.
  7. Haven points out and warns that the main threat to every Internet User, including persons using services provided electronically, is the possibility of “infecting” the IT system by various types of software created mainly to cause damage, such as viruses, Worms or Trojans. In order to avoid the risks associated with this, including those that occur when you open an email, it is important that you provide a computer which uses an Internet connection with an antivirus programme and constantly update it by installing the latest versions of the software as soon as they are available on the market. Haven also informs that particular threats related to the use of electronic services are related to the activities of so-called hackers, aimed at breaking into both the Haven system (e.g. attacks on its platform) and your system.
  8. The Services are provided by Nestcoin, a legal entity of the British Virgin Island. Haven is not a registered, regulated financial institution subject to State supervision.
  9. Your ability to use the Services offered by Haven may depend on your country of citizenship, residence or stay. The list of countries with excluded access to the Services is published and updated on the Platform. The change of the list mentioned above shall not constitute a change of this Terms and Conditions.
  10. You are obliged to establish legal regulations specifying your tax obligations and methods of payment to the right tax office authority. Service Provider is not responsible if and how the transaction is taxed.
  11. You understand and acknowledge that nothing contained on the Platform or Haven’s social media pages constitute a solicitation, recommendation, endorsement, or offer by Service Provider or any third parties to buy or sell any Fiat Funds, Cryptocurrencies nor other financial instruments by the User or any persons. Neither Service Provider nor its affiliates provide any investment recommendations in connection with Platform’s operation, nor do they give any advice or offer any opinion with respect to the suitability, profitability or appropriateness regarding any investment, Fiat Funds or Cryptocurrencies. You are responsible for determining whether an investment strategy is suitable for you. All transactions will be done only on your order.
  12. You should consult with an attorney, financial advisor, or other investment professional to determine what may be best for your individual needs. Haven does not make any guarantee or other promises as to any results that may be obtained from using its content.
  13. Buying and selling cryptocurrencies involves inherent financial risk and no one should make any investment decision without first consulting his or her own financial advisor and conducting his or her own research and due diligence. To the maximum extent permitted by law, Haven disclaims any and all liability in the event any information, commentary, analysis, opinions, advice and/or recommendations prove to be inaccurate, incomplete or unreliable or result in any investment or other losses. Your use of the information on the Platform or materials linked from the Platform is at your own risk.

5. Types and scope of the services

  1. Services provided by Haven through the Platform consist of offering Users a comprehensive electronic platform for managing digital assets. This includes the ability to hold and exchange digital assets, use payment cards, access savings features, convert crypto to cash, and other upcoming services as Haven continues to expand its offerings.
  2. For proper use of the Platform, it is necessary to have a mobile device with Internet access supported by a mobile operating system (e.g. iOS, Android) and access to appropriate permissions, including notifications and camera permissions.
  3. Haven is entitled to introduce changes in technical and technological requirements necessary to use the Platform by providing information about such a change to the User’s email address provided during registration of the Account. A change in technical or technological requirements does not constitute a change of the Regulations.
  4. Services are provided exclusively for the benefit of:
    1. natural persons with full legal capacity, i.e. those over 18 years of age and who have not been entirely or partially incapacitated;
    2. other legal entities with legal capacity on the basis of separate provisions.

6. Transactions

  1. The Platform allows Users to access a variety of services related to Digital Assets, including holding and exchanging digital assets, payment cards, savings options, and the ability to convert crypto to cash. Haven is continuously expanding its service offerings, and upcoming features will further enhance the platform's capabilities.
  2. When a User initiates a transaction for the purchase or sale of Digital Assets, the transaction is consummated pursuant to this Agreement.

The following general terms apply to each transaction described below:

  1. Haven and its Services are not affiliated or associated with, nor endorsed or sponsored by any third party, including but not limited to any gift card issuer. Designated trademarks, brands, and other identifiers are solely the property of their respective owners. Haven and its Services are not endorsed, sponsored, associated or affiliated in any way by or with such owners.
  2. Haven is not a licensed gift card vendor or authorised dealer of any gift card issuer. Any gift cards you receive directly from a User using the Haven Platform are subject to the terms and conditions of the third-party merchant with whom it is redeemable (“Issuer”). Haven is not responsible for the acts or omissions of any Issuer(s), or any fees, expiration dates, penalties or terms and conditions associated with the Issuer’s gift card received using the Haven Platform. By receiving the gift card from a User, you acknowledge that you have read the gift card’s terms and conditions and represent to Haven that you are eligible to use such gift cards under the gift card Issuer’s terms and conditions, or under applicable law.
  3. YOU ARE WHOLLY RESPONSIBLE TO COMPLY WITH ALL LAWS AND REGULATIONS FOR THE JURISDICTION(S) IN WHICH YOUR TRANSACTION TAKES PLACE.
  4. All transactions must take place within Haven. Taking transactions outside the Haven platform or exchanging external contact details are strictly prohibited.
  5. Transfer Limitations: We may, at our sole discretion, impose limitations or restrictions on the size, type, or manner of any transfer transactions, including placing limits on the total amount of Digital Assets that a User can withdraw or exchange.
  6. No Guarantee. Haven does not guarantee that you will be able to sell Digital Assets on its Platform. The act of buying or selling Digital Assets via Haven’s Platform does not guarantee that you will be able to buy or sell Digital Assets via the Platform at a later time.
  7. Relationship. Nothing in this Agreement is intended to nor shall create any partnership, joint venture, agency, consultancy or trusteeship, between you and Haven, being with respect to one another independent contractors.
  8. Accuracy of Information. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that Haven is not responsible for any errors or omissions that you make in connection with any transaction initiated via the Services, for instance, if you mistype a Wallet address or otherwise provide incorrect information. We strongly encourage you to review your transaction details carefully before completing them via the Services.
  9. No Cancellations or Modifications; Wallet Activities. Once transaction details have been submitted to the digital currency network via the Services, Haven cannot assist you with cancelling or otherwise modifying your transaction. Haven has no control over any digital currency network and does not have the ability to facilitate any cancellation or modification requests.. Digital Assets are always recorded on their respective networks or blockchains. All digital currency transactions occur within the digital currency network, not on Haven. There are no guarantees that the transaction will process on the digital currency network. Haven reserves the right to refuse to process any transaction if required by law or if we deem the transactions to be against our terms and conditions in this Agreement. You hereby accept and acknowledge that you take full responsibility for all activities that occur under your Wallet and accept all risks of any authorised or unauthorised access to your Wallet, to the maximum extent permitted by law.
  10. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Haven is not responsible for determining whether taxes apply to your digital currency transactions or for collecting, reporting, withholding or remitting any taxes arising from any digital currency transactions.
  11. User Reputation. When you engage in a Transaction, we allow other Users to provide feedback on their interaction with you. We also permit Users to file reports if the Users believe you have violated this Agreement in any way. These reports are confidential, but we may use them in connection with a dispute as described in Section 8.
  12. Transaction History. You may view your transaction history through your Account. You agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such transaction.

7. Deposits and withdrawals of cash funds and cryptocurrencies

  1. The User may order the withdrawal of Fiat Funds or Cryptocurrencies available on its Account.
  2. The time between ordering the withdrawal, withdrawing Cryptocurrency or Fiat Funds and time of the entry on the Platform’s Account or withdrawal on the bank account or User’s addresses depends on the kind of Cryptocurrency or Fiat Funds, and is not up to Haven.
  3. Service Providers can amend the minimum and maximum value of deposits, payments and withdrawals due to the change of a User’s verification standards or AML/ CTF risk assessment. Such changes can be made individually.
  4. Withdrawals of the Fiat Funds and Cryptocurrencies will be implemented only after the User has provided the necessary data required by Haven if the nature, purpose and the AML / CTF risk assessment of the ordered Transaction does not raise any doubt.
  5. Haven shall implement the withdrawal of the Fiat Funds or Cryptocurrencies to the accounts belonging to and indicated by the User. Information about the owner of the bank account used for withdrawals of Fiat Funds has to be identical with those provided to Haven as personal data of User.
  6. Delisting of a Fiat Fund shall take place only if technical, economical or business conditions deem it impossible or not cost-effective to sustain such Fiat Fund.
  7. Delisting of any Cryptocurrency shall take place at the sole discretion of Haven. In particular, Haven shall not be obliged to state its reasons for Delisting of a Cryptocurrency.
  8. Haven shall announce the plan to Delist a Cryptocurrency or Fiat Fund at least one week (7 days) in advance. After this period it will be no longer possible to create new orders involving said Cryptocurrency or Fiat Fund and all existing orders will be cancelled. The announcement described in the previous paragraph shall be made via e-mail sent directly to the User and by publishing information on the Platform.
  9. Users are obliged to order the withdrawal of delisted Cryptocurrency or Fiat Fund, within 1 month from the announcement of Delisting.
  10. The deadlines described in point m below may be shortened due to extraordinary circumstances beyond Service Provider’s control, for which it is not responsible for, such as blockchain damage or risk of termination of bank relationship providing possibility to deposit Fiat Funds.
  11. Delisted Cryptocurrency that cannot be withdrawn by you due to objective technical impossibilities (like the liquidation of the Cryptocurrency’s blockchain) shall be deleted. In such cases your right to claim the equivalent of Delisted Cryptocurrency is excluded.
  12. Haven may decide, upon its discretion, to delist a particular trading pair without Delisting a Cryptocurrency or Fiat Fund. Such delisting of a trading pair shall be announced two weeks (14 days) in advance. After this period, it will no longer be possible to create new orders involving said pair and all existing orders will be cancelled. Delisting of trading pairs shall not constitute a change of the Service Contract.
  13. Service Provider shall not be liable for damages or any loss incurred by the User in connection with the Delisting of Cryptocurrency or Fiat Fund (and deposits made in accordance with point g and h above) or delisting of trading pairs.

8. Haven’s rights related to the implementation of a transaction and related to the operation of the platform

  1. Haven is entitled to additional rights in case it suspects that the Transaction ordered by User or any other activity of Users within the Platform might be related to committing a crime, money laundering, terrorist financing, violation of the provisions of the Regulations, legal provisions or good morals:
    1. the right to terminate the User Account;
    2. the right to refuse or stop execution of the Transaction;
    3. the right to withdraw the Transaction executed;
    4. the right to perform additional verification of the User by requesting the presentation of relevant documents or information.
  2. Haven is entitled to block the right to execute Transactions and deposit or withdraw of User’s Cryptocurrencies and Fiat Funds if:
    1. legal regulations obliged Service Provider to do so;
    2. it is justified with AML / CFT risk assessment;
    3. User has not respected his duty to present additional, unambiguous documentation or information on the demand of Service Provider due to the Regulations;
    4. User’s country of stay, country of citizenship or country of residence, is on the list of countries excluded from providing Services in accordance with the information published on the Platform.
  3. Due to the necessity of ensuring safety and the highest quality of the Services provided, Haven is entitled to the following rights:
    1. the right to suspend the activity of the Platform for the time of updating the software or for the time needed to repair the technical failure – if this is possible in a given case, Haven will notify the Users on the Platform about the planned technical interruption, sufficiently in advance;
    2. the right to discontinue the provision of the Services within a specified geographical area or within all geographical areas;
    3. the right to exclude certain types of Transactions from;
    4. the right to withhold the possibility of registering new Users.
  4. Haven may exercise several of the rights specified in this paragraph simultaneously

9. Complaints

  1. The User has the right to submit a complaint in connection with improper operation of the Platform, including improper implementation of Transactions.
  2. A complaint may be reported by sending an e-mail to the address provided by Haven on the Platform, via the Platform or in writing to the address of Haven’s registered office.
  3. A complaint shall include:
    1. data enabling identification and contact with the User;
    2. a description of the action or omission in question;
    3. the manner in which the User would like Haven to consider the complaint;
    4. any other information the User considers relevant.
  4. Within 1 working day, acceptance of the complaint for consideration will be confirmed by Haven.
  5. Complaints will be considered on the basis of information provided by the User.
  6. Complaints shall be considered immediately, but not later than within 72 hours from the date of delivery of the complaint to Haven. Within this period, Haven will propose via e-mail or the Platform:
    1. to accept the complaint in the manner requested by the User;
    2. to reject the complaint together with the reasons for such a decision; or
    3. alternative handling of the complaint.
  7. If the complaint is more complex and cannot be solved within 72 hours from receipt of the complaint, Haven will inform the User about causes of the delay and provide information about projected time necessary to respond to a complaint.
  8. After receiving the proposal specified above, the User has 3 working days. Failure to reply within the above deadline shall be deemed a withdrawal of the complaint and it shall be assumed that Haven does not bear any responsibility towards the User in relation to the subject matter of the complaint. Acceptance or rejection of Haven’s proposal by the User after the deadline may be treated by Haven as submitted on time.
  9. If the User rejects Haven’s proposal within 3 working days, the User is entitled to submit a justification for rejection – in such a case the procedure described in sec. 2-6 shall be applied accordingly. Failure to state reasons for such rejection within the aforementioned period shall be deemed to constitute withdrawal of the complaint and it shall be assumed that Haven does not bear any responsibility towards the User in relation to the subject matter of the complaint.
  10. An offer of the alternative handling of the complaint described in sec. 6 point (iii) above, shall be binding for the User only if it accepts its content by following the instructions provided by Haven within the time limit set. No offer under paragraph 9 shall constitute any acknowledgement by Haven of any misconduct or responsibility related to the subject matter of the complaint. Each acceptance by the User of the offer of alternative handling of a complaint shall constitute an acceptance that the complaint will be resolved in a specified manner, and an obligation that the User waives all claims resulting from it.

10. Intellectual property

  1. Haven is a registered trademark.
  2. All graphics, animations, texts and other content, including functionality, distribution and location of specific elements used on Platform are law protected copyright works.
  3. You are entitled to use the works within the scope of permitted private use provided by legal provisions.
  4. Use beyond the permitted private use requires the prior consent of Haven.

11. Terms and Conditions of termination of the service contract

  1. The Service Contract shall be terminated:
    1. upon the User’s request;
    2. by Haven – by notice in cases specified in the Regulations.
  2. The User being a Consumer has the right to withdraw from the Service Contract without giving a reason within 14 days from the date of conclusion of the Contract by submitting a notice of withdrawal. By accepting the Regulations, the User agrees that the use of the Services before the expiry of the above-mentioned term is tantamount to the expiration of the right of withdrawal from the contract.
  3. The User is entitled to terminate the Service Contract within a 30 days’ notice period by submitting a notice of termination of the Service Contract to Haven. The period of notice shall be calculated from the date of withdrawal of all funds by the User located on his Account. If it is impossible to withdraw or return all funds, the notice period shall be calculated from the last day of the month when the termination notice was provided by the User.
  4. Haven may terminate the Contract with the User by sending to the User’s email address a notice of termination of the Service Contract with 30 days’ notice period.
  5. In the event of termination of the Service Contract by either party, the User is obliged to withdraw all Fiat Funds or Cryptocurrencies available on the User’s Account. In case of failure to do so within 10 days, Haven has the right to return funds in accordance with Regulations.
  6. Upon the User’s request, in the time specified in point 3 above, Haven shall also delete all personal data concerning the User, excluding the data which Haven is obliged to store in accordance with the applicable provisions. The User’s request to delete personal data is tantamount to termination of the Service Contract by the User.
  7. Withdrawal of funds by the User after issuing termination notice is free, regardless of the current fees and pricing.
  8. After termination notice provided by any party, User can no longer make any deposits.
  9. In case of termination of the Service Contract due to the change of the Regulations, within 14 days from the day the change was published, but no later than 7 days from the day it entered into force, previous Regulations shall apply until the end of the notice period.

12. Exclusion of Haven’s liability

  1. In particular, Haven shall not be liable for:
    1. losses incurred by the User resulting from effectively implemented Transactions;
    2. consequences related to the loss or making available of the Login Details by the User to third parties;
    3. incorrect entering of data by the User into deposit or withdrawal of the Fiat Funds or Cryptocurrencies;
    4. effects of events beyond Haven’s control, i.e. software errors, interruptions in the Internet access, power cuts, hacking attacks (despite maintaining adequate measures described on the Platform), etc.;
    5. deletion of data entered by the Users into Haven’s IT system from IT systems beyond Haven’s control.
  2. In the event of a dispute between You and another User, You shall indemnify Haven and Haven’s service providers against all claims and claims for damage (actual or lost benefits) of any kind resulting from or in any way related to such disputes.
  3. The User undertakes to indemnify Haven and Haven’s service providers from all claims and to repair any damage (including the costs of legal assistance, any fines, fees or penalties imposed by any state authorities) resulting from or related to the User’s violation of these Regulations or infringement of legal provisions or rights of third parties.
  4. Neither Haven nor its service providers shall be liable towards the User for amounts exceeding the amounts operated at the time of their deposit in the Account by the User or execution of the Transaction by the User.
  5. The liability of Haven and its service providers towards the User is limited to the value of a given Transaction expressed in a given currency or Cryptocurrency. Liability for lost profits is excluded, and liability for any other damage (actual, direct, indirect, intangible, etc.), regardless of whether it results from the contract, tort, negligence, etc., resulting from or related to the authorised or unauthorised use of the Platform is limited to the value of funds provided by the User for the execution of a given Transaction subject to the preceding section.
  6. Specifying the preceding section, by way of example (and without limiting the scope of the previous section): If the User claims that Haven has not properly executed a purchase or sale transaction, the total of the User’s damage is limited to the value of the funds provided by the User, and that the User cannot recover lost profits, lost business opportunities, etc. Where the applicable legal jurisdiction does not allow for exclusion or limitation of lost profits, the above limitations may not apply.
  7. Haven makes no declarations or assurances that access to the Platform or Services in any part of it or any materials contained therein will be uninterrupted, timely or error-free. To the maximum extent permitted by applicable law, Haven, in particular, excludes all implied guarantees regarding the availability of the Service, its fitness for a particular purpose and its integrity.
  8. Haven does not provide any assurances or guarantees as to the accuracy or completeness of historical data concerning the price of Cryptocurrencies available on the Platform.
  9. Haven will endeavour to process the requests for a Transaction with bank accounts or credit cards without undue delay, but Haven does not provide any assurances or guarantees regarding the time needed to complete the processing of such Transactions, which is dependent on many factors beyond Haven’s control.
  10. Haven shall not be liable for any actions or consequences of force majeure, i.e. for events beyond Haven’s reasonable control which occurred without fault of Haven, including, in particular: embargoes, governmental restrictions, riots, insurrection, wars or other acts of war, acts of terror, social unrest, rebellion, hacking attacks (including DDoS attacks, data theft or destruction), fires, floods, vandalism or sabotage.
  11. Haven shall exercise the utmost care in order to protect the Platform and User’s funds against undesirable interference by third parties. The security measures taken are described in the Security Policy, the content of which the User has read and accepts – considering the security measures taken by Haven are sufficient.

13. Personal data and Privacy Policy

The principles of personal data processing by Haven and regulations concerning the Privacy Policy and Cookies are contained in the Privacy Policy published on the Platform.

14. Changes of the Regulations and other provisions binding the users

  1. The Terms and Conditions and other provisions binding the Users, including tables of fees and pricing, may be subject to change.
  2. The User is entitled to submit a declaration of refusal to accept the new provisions within 14 days from the date of publishing changes, and no later than 7 days from when the new provisions enter into force. Submitting the aforementioned declaration is tantamount to the User’s termination of the Service Contract.
  3. Failure to submit a declaration of refusal to accept the new provisions shall be construed as consent to be bound by the changed provisions.
  4. Transactions ordered prior to the effective date of the changes shall be implemented in accordance with the wording binding on the day of the order for the Transaction.

15. Jurisdiction, Arbitration & Severability

  1. This Agreement and your use of the Platform and Services shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to principles of conflict of laws.
  2. Arbitration. You and Haven agree that any dispute arising out of or relating to this Agreement or the Services, shall be finally settled in binding arbitration, on an individual basis, in accordance with the British Virgin International Arbitration Centre Rules (accessible at BVI IAC 2021 Rules) Subject to applicable jurisdictional requirements, consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis.

CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS WILL ONLY BE BROUGHT ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND Haven ARE EACH WAIVING ANY RIGHT TO A TRIAL BY JURY AND YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST ONBOARD

The arbitration will be conducted by a single, neutral arbitrator and shall take place in British Virgin Islands, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be entered as a judgement and enforced in any court of law. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. Each party will be responsible for any other fees or costs, such as attorney fees that the party may incur.3. If any part of this Agreement is held by any arbitrator or court of the British Virgin Islands to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. Any headings contained in this Agreement are for informational purposes only and are not enforceable provisions of this Agreement.

16. General provisions

  1. We reserve the right to amend, modify, change or revise this Agreement at any time, in our sole and absolute discretion and without prior notice. Any such changes in respect of your use of the Services will take effect when posted on the Haven Platform and not retroactively. If you have supplied us with an email address, we may also notify you by email that the Agreement has been revised. If you do not agree to the terms of the revised Agreement, your sole and exclusive remedy is to promptly terminate your use of the Services and close your account.
  2. It is your responsibility to read the Agreement carefully and periodically review this Agreement as posted on the Haven Platform. Your continued use of the Services shall signify your acceptance to be bound by the then-current Agreement.
  3. Failure or delay by Haven in enforcing or partially enforcing any provision of the Agreement shall not be construed as a waiver of any of our rights or remedies.

17. Release of Haven & Indemnity

If you have a dispute with one or more Users of our Services, you release Haven, its affiliates and service providers, and each of its or their respective officers, directors, employees, agents and representatives, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Haven, its affiliates and each of its or their respective officers, directors, employees, agents and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

18. Updating your Information

It is your responsibility to provide us with true, accurate and complete personal details, and to keep such information up to date. You may update your information by logging into your account and visiting account settings or by contacting our support team via email at support@havenclub.com.

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TERMS AND CONDITIONS OF NESTCOIN EUROPE SERVICES

INTRODUCTION

  1. The Terms and Conditions set out the rules for the provision of the Services by Nestcoin Europe.
  2. Nestcoin Europe is entered in the Register of Activities in the Field of Virtual Currencies under number RDWW – 1639, kept by the Director of the Tax Administration Chamber in Katowice.

DEFINITIONS

The following terms used in the Terms and Conditions with a capital letter shall be understood as follows:

  1. Price list: Nestcoin Europe price list, constituting Appendix 1 to the Terms and Conditions.
  2. Contact details Nestcoin Europe: Contact details where Nestcoin Europe can be contacted:
    • Telephone: +33785317717
    • Email: info@nestcoin.com
    • Mailing address: ul. Bartycka 22B/21A, 00-716 Warszawa
  3. Order: Any order, instruction, or statement, including an order to execute a Transaction, directed by the Client to Nestcoin Europe under the Terms and Conditions or any other regulations applicable between Nestcoin Europe and the Client.
  4. Working Day: Every day except Saturdays and public holidays in the Republic of Poland.
  5. Virtual Currency Exchange: The Nestcoin Europe service described in Section VIII of the Terms and Conditions.
  6. Password: A password used, among other things, to identify the Client within the Account and to perform other activities as set forth in the Terms and Conditions.
  7. Virtual Currency Buying and Selling: The Nestcoin Europe service described in Section VII of the Terms and Conditions.
  8. KC: Act of 23 April 1964 – Civil Code.
  9. Client: The person or entity that has entered into the Contract with Nestcoin Europe.
  10. Account: The individual account of the Client, which he/she may use within the App, enabling, among other things, access to the Wallet, submission of Orders, and making use of other Nestcoin Europe services.
  11. Transaction: Following transactions:
  • The sale or purchase by the Client to/from Nestcoin Europe of Virtual Currencies for legal tender (FIAT); or
  • The sale or purchase by the Client to/from Nestcoin Europe of Virtual Currencies for Virtual Currencies; or
  • The sale or purchase by the Client for/from another Client of Virtual Currencies for Virtual Currencies, through Nestcoin Europe; or
  • The sale or purchase by the Client for/from another Client of Virtual Currencies for legal tender (FIAT), through Nestcoin Europe; or
  • Transfer of Virtual Currencies from the Client's Wallet in Nestcoin Europe to a wallet outside Nestcoin Europe.
  1. Wallet: The Client's wallet (custodial) maintained by Nestcoin Europe on which Client’s Virtual Currencies may be held.
  2. Terms and Conditions: These Terms and Conditions.
  3. App: The Nestcoin Europe mobile app called “[Haven Club…]”.
  4. Nestcoin Europe: Nestcoin Europe sp. z o.o. with its registered office in Warsaw, at Bartycka Street, 22B-21A Warsaw (00-716), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, under KRS number 0001137184, NIP 5214093303, REGON 54013652.
  5. UAML: Act of 1 March 2018 on Prevention of Money Laundering and Financing of Terrorism.
  6. Contract: The contract governing the provision by Nestcoin Europe of the Services described in these Terms and Conditions.
  7. UPK: Act of 30 May 2014 on consumer rights.
  8. Service: The following services that may be provided by Nestcoin Europe:
  • Virtual Currency Buying and Selling;
  • Virtual Currency Exchange;
  • Wallet;
  • Transactions.

The services referred to in letters a – d, currently offered by Nestcoin Europe, are indicated in the App.

  1. Virtual Currency: A digital representation of a value that is not:
  • Legal tender issued by the National Bank of Poland, foreign central banks, or other public administration authorities;
  • An international unit of account established by an international organisation and accepted by individual countries belonging to or cooperating with that organisation;
  • Electronic money within the meaning of the Act of 19 August 2011 on payment services;
  • A financial instrument within the meaning of the Act on Trading in Financial Instruments of 29 July 2005;
  • A bill of exchange, a promissory note, or a cheque,

and it may be exchanged for legal tender and accepted as a medium of exchange in economic transactions, and may be stored or transferred electronically or traded electronically.

CONCLUSION OF THE CONTRACT

  1. The Contract is concluded in the App, as part of the Account opening process. The Contract will be considered concluded when Nestcoin Europe informs the Client about it in the App or in a message sent to the Client's email address or telephone number.
  2. In order to conclude the Contract, the potential Client shall:
    • Provide all data required by Nestcoin Europe in the process of opening an Account;
    • Accept the Terms and Conditions and other clauses required during the Account opening process;
    • Enable for Nestcoin Europe to verify his/her identity and/or that of the persons representing the Client in the manner required by Nestcoin Europe;
    • Ensure that the person making any statements on behalf of the Client for the purpose of concluding the Contract is authorised to do so.
  3. Before concluding the Contract and also during the term of the Contract, Nestcoin Europe may request the Client:
    • To confirm the data provided, including by sending the relevant documents;
    • To enable for Nestcoin Europe to verify the identity of the Client and/or of the persons representing him, including through the tools indicated by Nestcoin Europe;
    • To provide additional documents or information, in particular those necessary to verify the Client's identity.
  4. All information and data provided to Nestcoin Europe before and during the term of the Contract, including for the purpose of executing the Transaction, shall be truthful and not misleading.
  5. The Contract may also be concluded in a manner other than that described in this Section III of the Terms and Conditions if Nestcoin Europe so agrees with the given Client.
  6. The Terms and Conditions and other documents that Nestcoin Europe must provide to the Client in accordance with the law will be sent:
    • In electronic form to the e-mail address provided by the Client; and/or
    • In writing to the Client's home address or correspondence address; and/or
    • By any other means specified in your Account or on the App.
  7. In addition, the documents indicated above may be made available in the Account.
  8. The Contract is concluded for an indefinite period.

ACCOUNT

  1. An account is made available to the Client upon conclusion of the Contract and for the duration of the Contract. Access to and use of the Account is free of charge, and the Client does not have to pay any fee for access to and use of the Account, except for the provision of personal data necessary for the performance of the Contract. However, Nestcoin Europe may introduce fees for access to and use of the Account in the Price List.
  2. The Client may use the Account to send enquiries, information, and documents to Nestcoin Europe, to receive information and documents from Nestcoin Europe, to contact Nestcoin Europe, to open and view Wallets, to make Orders, including Orders to execute Transactions, and to use other functions made available in the Account.
  3. The Client may not use the Account to provide third parties with Services or services similar to those provided by Nestcoin Europe.
  4. In order to open the Account, the Client shall use a one-time password (OTP) sent to their registered email address or telephone number. Additionally, the Client may access their Account using device biometrics such as Face ID, fingerprint, or passcode.
  5. The person to whom the Client has provided a login and password to the Account and who uses the Client's Account, is authorised to represent the Client. The Client authorises this person to give Orders in the Account to the full extent. This means that this person may give all Orders that are possible to give in the Account and to accept all arrangements with Nestcoin Europe and/or another Client, including arrangements regarding Transactions.
  6. The Client shall not make the login and password available to unauthorised persons and shall protect the login and password against access by such persons. Only the Client and persons authorised by the Client may use the Client's Account. The Client is not allowed to make his Account available to other persons, including other Clients. If the Client has a suspicion that someone unauthorized may have obtained its login or password or has access to its Account, he/she shall immediately inform Nestcoin Europe and change the password.
  7. The Client shall be liable for the consequences of any Orders given in its Account, including by unauthorised persons. The Client, who is a consumer within the meaning of the KC, shall not be burdened by the consequences of Orders given by unauthorised persons, if they were given and executed through Nestcoin Europe's fault.
  8. The Client shall in particular be burdened with the consequences of Orders given:
    • By persons to whom the Client has provided data necessary to use the Account or give Orders;
    • By unauthorised persons, irrespective of how the unauthorised persons have obtained the data necessary for giving the Order;
    • As a result of a breach by the Client of the security rules set out on the App, in the Account or in other recommendations made available by Nestcoin Europe;
    • As a result of non-performance or improper performance by the Client of its obligations under the Contract, the Terms and Conditions, or the law;
    • By the Client in accordance with the Terms and Conditions or the functions of the Account.
  9. It is prohibited to provide content of an unlawful nature through the Account. It is not permissible to use the Account in a manner that enables or aims at unauthorised access to the Nestcoin Europe IT system, the introduction of malicious software into it, or the prevention or disruption of its proper functioning.
  10. The Account will be available at least [90]% of the time on a monthly basis.
  11. The Client needs to have the following to use the Account:
    • Mobile devices with access to the Internet, using Android or iOS;
    • Electronic mail (e-mail address).

ORDERS

  1. Nestcoin Europe shall accept for execution the Orders correctly drawn up and submitted to Nestcoin Europe. Giving of an Order in the Account is made by approving it with the appropriate button. Nestcoin Europe may require additional actions to be performed in order to approve a given Order.
  2. Nestcoin Europe may refuse to carry out an Order that does not meet the requirements set out in the Terms and Conditions or on the App or Account, as well as in situations set out in the provisions of applicable law, including in the following cases:
    • The Client has failed to provide Virtual Currencies or funds (FIAT) to execute the Order;
    • There are irregularities in the content of the Order which make its execution impossible;
    • The amount of the Transaction exceeds the amount of the transaction limit set by Nestcoin Europe or Client;
    • A threat to the security of Virtual Currencies, Wallet, or the Account;
    • Suspected unauthorised use of the Account;
    • Failure to update data or the identity document of the Client or its representatives;
    • In the cases specified in the UAML rules;
    • The Order applies to Virtual Currencies not supported by Nestcoin Europe.
  3. If Nestcoin Europe refuses to execute the Order, it will inform the Client, unless this is contrary to law.

WALLET

  1. The Wallet is used to hold Virtual Currencies. Only the Virtual Currencies indicated on the App may be held in the Wallet. Nestcoin Europe may allow the Client to open more than one Wallet.
  2. Upon opening the Account, Nestcoin Europe will provide the Client with the Wallet ID required to make deposits and withdrawals of Virtual Currencies.
  3. The Client may not hold in the Wallet or use the Wallet to manage Virtual Currencies belonging to a third party.
  4. Transactions in Virtual Currencies are first carried out by debiting or crediting Virtual Currencies in the Wallet.
  5. The Wallet Service involves the looking after of the Client's private key, which enables secure approval of Transactions related to Virtual Currencies stored on the Blockchain. Nestcoin Europe does not administer the Blockchain on which Virtual Currencies are stored and therefore does not store any Virtual Currencies directly in the Wallet at any time.
  6. Nestcoin Europe may enable the Client to stake Virtual Currencies.
  7. If Nestcoin Europe ceases to support a particular Virtual Currency, Nestcoin Europe will use all reasonable efforts to notify the Client in advance and to enable the withdrawal of the affected Virtual Currencies held.
  8. Nestcoin Europe may charge the fees owed to it by the Client from the Virtual Currencies held in the Client's Wallet.

VIRTUAL CURRENCY BUYING AND SELLING

  1. As part of the Virtual Currency Buying and Selling the Client may:
    • Sell to Nestcoin Europe Virtual Currencies for other Virtual Currencies;
    • Sell to Nestcoin Europe Virtual Currencies for legal tender (FIAT);
    • Buy from Nestcoin Europe Virtual Currencies for other Virtual Currencies;
    • Buy from Nestcoin Europe Virtual Currencies for legal tender (FIAT).
  2. The Client shall agree with Nestcoin Europe in the Account the price for the sale or purchase of Virtual Currencies (exchange rate). The Transaction will be executed at the agreed exchange rate. If the Client does not provide Virtual Currencies or legal tender (FIAT) at the agreed time, Nestcoin Europe may refuse to execute the Transaction or execute it at the other exchange rate applied by Nestcoin Europe at the time of receipt of the Virtual Currencies or legal tender (FIAT).
  3. Nestcoin Europe shall transfer to the Client the Virtual Currencies or legal tender (FIAT) owed to the Client under the sale or purchase Transaction by the end of ……5……… Business Day following the day on which the sale or purchase Transaction was executed by Nestcoin Europe. Virtual Currencies are transferred to the Client's Wallet. Legal tender (FIAT) are transferred to the Client's payment account indicated within the Order.
  4. For the purpose of executing a Sale or Purchase Transaction, Nestcoin Europe may block or collect an appropriate amount of Virtual Currencies held in the Wallet.
  5. Nestcoin Europe may provide a function in the Account to cancel a Transaction that has been ordered and not executed.
  6. Nestcoin Europe may charge the fees payable by the Client from Virtual Currencies or legal tender owed to the Client in respect of sale or purchase Transactions.
  7. Nestcoin Europe shall not accept cash for sold Virtual Currencies. Nestcoin Europe shall not pay cash for bought Virtual Currencies.

VIRTUAL CURRENCY EXCHANGE

  1. As part of the Virtual Currency Exchange the Client may:
    • Sell to another Client Virtual Currencies for other Virtual Currencies;
    • Sell the Virtual Currencies to another Client for legal tender (FIAT);
    • Buy Virtual Currencies from another Client for other Virtual Currencies;
    • Buy Virtual Currencies from another Client for legal tender (FIAT).
  2. The Client shall agree with another Client in the Account the price for the sale or purchase of Virtual Currencies (exchange rate). The Transaction will be executed at the agreed exchange rate if both parties provide the appropriate amount of Virtual Currencies or funds within the timeframe agreed by them. Nestcoin Europe transfers only Virtual Currencies held in the Clients' Wallets. Nestcoin Europe does not transfer legal tender (FIAT) and does not provide payment services regarding legal tender.
  3. Nestcoin Europe, for the purpose of executing a Transaction, may take the relevant amount of Virtual Currencies from the Wallet of the Client involved in the Transaction and transfer it to the Wallet of the other Client involved in the Transaction. Nestcoin Europe may also block the relevant amount of Virtual Currencies until it is notified that the Client involved in the Transaction has received funds in its payment account (FIAT) as a payment for those Virtual Currencies. The blocking shall be cancelled and the Virtual Currencies shall be transferred to the Wallet of the other Client involved in the Transaction within ……5……… Business Days of receipt of the aforesaid message.
  4. Nestcoin Europe is not responsible for the execution of the Transaction in terms of transferring funds (FIAT) as agreed by the Clients, including at the exchange rate agreed by them. Nestcoin Europe is also not responsible for the fact that a given Client will hold or provide the other Client with funds (FIAT) and/or Virtual Currencies for the execution of Transactions in accordance with the Clients' arrangements.
  5. Nestcoin Europe may provide a function in the Account to cancel a Transaction that has been ordered and not executed.
  6. Nestcoin Europe may charge the fees payable by the Client in respect of Transactions from the Client's Virtual Currencies held in its Portfolio or transferred as part of the Transaction.

TRANSACTIONS

  1. The Client may give an Order to execute a Transaction only in the Account.
  2. Transactions may only be Ordered in Virtual Currencies or in the FIAT currencies indicated on the App.
  3. If the transfer of legal tender (FIAT) from the Client to Nestcoin Europe, from Nestcoin Europe to the Client, or from the Client to the Client is necessary for the execution of a Transaction, the transfer of such funds shall be carried out by a separate entity duly authorised to be a payment service provider. Nestcoin Europe does not participate in or act as intermediary in the transfer legal tender (FIAT). Nestcoin Europe shall not provide payment services as defined by law.
  4. The moment of receipt of an Order to execute a Transaction is the moment when Nestcoin Europe has confirmed to the Client in the Account the receipt of that Order.
  5. The Client may not cancel an Order to execute a Transaction received by Nestcoin Europe unless otherwise agreed with Nestcoin Europe or Nestcoin Europe makes such a feature available in the Account.
  6. When ordering a Transaction, the Client is obliged to provide all the data required in the Account. 
  7. A Transaction involving the transfer of Virtual Currencies is executed by transferring such Virtual Currencies to the Wallet or Wallets indicated in the Order.

FEES

1. Nestcoin Europe charges fees or commissions for providing the Services, as set out in the Price List. 

2. Fees or commissions due to Nestcoin Europe may be payable by collecting them from the Client's Virtual Currencies in the Wallet or by paying them by the Client to the account or wallet of Nestcoin Europe indicated on the App or in the Account. A prior declaration of collection by Nestcoin Europe is not required. The debiting of the Wallet is equivalent to the submission of a collection statement. 

3. Nestcoin Europe shall be entitled to make available to the Client the amounts of Transaction received for the Client less any fees or commissions payable in connection with execution of that Transaction.

4. In the event that a Client using the Nestcoin Europe Services is in arrears with payment of fees or commissions, Nestcoin Europe may refuse to provide the Services to that Client until the arrears are settled.

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SECURITY

1. The Login, Account password, Account and Wallet may only be used by the Client. The Client may not disclose his private key to third parties.

2. The Client must use the Account and Nestcoin Europe Services in accordance with the provisions of these Terms and Conditions and must take the necessary measures to prevent a breach of the individual security measures of the Account, including the storage of the login, password to the Account and other data enabling the giving of an Order to execute a Transaction with due diligence and not to make them available to unauthorised persons. 

3. In the event that the Client ascertains or suspects that the Account, login, password to the Account or Wallet, have been or may have been accessed by an unauthorised person, including as a result of their loss, theft or misappropriation, the Client shall immediately report these circumstances to Nestcoin Europe and give an Order to block the Account. The notification shall be made to Nestcoin Europe Contact Details.

4. The Client shall comply with the following security rules relating to the use of the Account:

  1. read the Order carefully;
  2. not to confirm Orders that have not been ordered by the Client and to immediately inform Nestcoin Europe of receipt of a message requesting confirmation of such an Order;
  3. keep his/her operating system up to date;
  4. use only devices with installed and updated anti-virus software;
  5. not use untrusted devices to log in to Account or devices on which other users are logged in;
  6. not use public Wi-Fi networks to log into Account;
  7. do not open attachments or links from suspicious e-mails or text messages (with errors, typos, grammatical mistakes, from a different address than the official one, from unknown persons or organisations);
  8. read and comply with the Nestcoin Europe information on risks that Nestcoin Europe posts on the Service;
  9. interrupt the login process to the Account if the login process deviates from the normal procedure (e.g. takes significantly longer, additional windows appear or requests for additional data) and immediately inform Nestcoin Europe;
  10. not to disclose to third parties or save data used to log in to the Account,
  11. not to make available to third parties the mobile devices which the Client uses to log in to the Account.

5. Nestcoin Europe shall be entitled to block the Account, Wallet, Virtual Currencies or Transactions in whole or in part:

  1. for legitimate reasons relating to the security of Nestcoin Europe or Client’s Account, Wallet or Virtual Currencies;
  2. in connection with the suspected unauthorised use of your Account, Wallet or Virtual Currencies;
  3. in the event that the Client used or is willing to use the Account, the Wallet or Nestcoin Europe services for illegal activities, in particular if the Client violates the provisions of the UAML;
  4. in the event that the Client fails to provide Nestcoin Europe with the information or documents necessary for Nestcoin Europe to perform its obligations under the UAML;
  5. where the obligation to block arises from the law or from a decision of a public administration authority.

6. Nestcoin Europe shall inform the Client in the Account that the Account, Wallet, Virtual Currencies or Transactions have been blocked before they are blocked or, if this is not possible, immediately after they are blocked, unless notification is prohibited by law or notification would be unreasonable for security reasons. 

7. The Client can make an unblocking request by writing or calling Nestcoin Europe Contact Details.

8. Once the reasons for the blocking cease to exist, Nestcoin Europe will unblock access to the Account, the Wallet or the Virtual Currencies, of which it will inform the Client in the Account.

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XII. COMPLAINTS

  1. The Client may send a complaint:
    • to the Nestcoin Europe e-mail address given in the Contact Details; or
    • to the Nestcoin Europe registered office or correspondence address given in the Contact Details.
  2. The complaint should contain the name and surname of the Client and a description of the reason for the complaint.
  3. Nestcoin Europe shall consider the complaint as soon as it is received, but no later than within 14 days of receipt.
  4. In particularly complicated cases, making it impossible to consider the complaint, Nestcoin Europe may request additional information or documents. Failure to provide such information or documents shall not be an obstacle to reply to the complaint.
  5. Nestcoin Europe replies to complaints:
    • to the correspondence address provided by the Client; or
    • to the electronic address provided by the Client; or
    • on another durable medium.
  6. The Client or the person to whom the conclusion of the Contract has been refused, being a consumer, has the right to make use of out-of-court settlement of disputes:
    • by the locally competent Municipal Consumer Ombudsman or District Consumer Ombudsman;
    • concerning a contract concluded via the Internet or any other electronic channel, via the ODR platform operating in the countries of the European Union, available on the website at http://ec.europa.eu/consumers/odr/
  7. The court competent to settle disputes related to the conclusion and performance of the Contract concluded with:
    • Client who is a consumer within the meaning of Article 221 of the KC - is a court with local jurisdiction, determined in accordance with the provisions of the Code of Civil Procedure;
    • The Client who is not a consumer within the meaning of Article 221 of the KC - is the competent local authority for the registered office of Nestcoin Europe.

XIII. TERMINATION

  1. The contract may be terminated by mutual Contract of the parties or by notice of termination. The period of notice shall be 30 days.
  2. Notice of termination of the Contract:
    • the Client shall send to Nestcoin Europe's registered office address or to Nestcoin Europe's email address as specified in Nestcoin Europe's Contact Details;
    • Nestcoin Europe shall send to the Client's registered office address, correspondence address, residential address or e-mail address.
  3. If the Contract is terminated by the Client, the Client shall be entitled to withdraw the notice of termination until the expiry of the notice period.
  4. Nestcoin Europe may only terminate the Contract for one or more of the following valid reasons:
    • the Client used or attempted to use the Account, the Wallet or the software made available to him/her by Nestcoin Europe, to commit a criminal offence or any other unlawful act;
    • the Client provided false information for the purpose of concluding a Contract with Nestcoin Europe;
    • the Client provided false information for the purposes of the Transaction;
    • the Client has not used the Account for at least 6 months prior to receiving the notice of termination;
    • the Client has not ordered any Transaction for at least 6 months prior to receiving the notice of termination;
    • the Client is at least 30 days late in paying any amounts due to Nestcoin Europe under the Contract;
    • Nestcoin Europe decides to close the Platform (in which case all Clients will receive a notice of termination from Nestcoin Europe);
    • the Client has intentionally or with gross negligence used Nestcoin Europe services for illegal purposes;
    • there is a reasonable suspicion that funds hold or held in the Wallet or transferred for the purpose of a Transaction originate from or are connected with criminal activity;
    • Nestcoin Europe cannot execute the financial security measures referred to in the UAML against the Client;
    • the Client stored content in the Account that violates point XVII.1 of the Terms and Conditions.
  5. The Client must withdraw all Virtual Currencies from the Wallet by the termination of the Contract.

XIV. AMENDMENT TO THE TERMS AND CONDITIONS OR PRICE LIST

  1. Nestcoin Europe shall be entitled to unilaterally amend the Terms and Conditions and the Price List (other than the amount of fees and commissions) if at least one of the following valid reasons occurs:
    • a change in the legal situation necessitating in the Terms and Conditions amendment;
    • issuance of a ruling of a court of law or issuance of a decision, guideline, recommendation or other binding act of Nestcoin Europe by a public administration body, resulting in the necessity to introduce changes;
    • the introduction of new products or services, whereby the change may only relate to the introduction of provisions or changes to provisions relating to these products or services, the use of such products or services will not be compulsory for the Client, and the Client will not be charged for not using them,
    • Nestcoin Europe’s improvement of existing functions or services provided in order to increase the level of security, protection of personal data or to improve the usability of the functions and services provided by Nestcoin Europe, but the change can only concern the introduction of provisions or changes to provisions related to these functions or services,
    • resignation from some functions or services or change of existing functions or services provided by due to further inability to provide a given service in the current form or to make the function available in the current form, caused by withdrawal of the service from Nestcoin Europe’s offer, changes in Nestcoin Europe’s IT systems, an increase in the cost of providing a given service by at least 10% compared to the previous year, or termination of Nestcoin Europe’s contract with the entity whose services Nestcoin Europe used to provide a given service or make a given function available, whereby the change may only relate to the introduction, removal or amendment of provisions related to these functions or services,
    • changes in Nestcoin Europe operational or business processes or in the IT systems that require the Terms and Conditions amendment,
    • the need to clarify provisions or make editorial changes which do not adversely affect the content of the Client’s rights and obligations.
  2. Nestcoin Europe shall be entitled to change the amount of fees and/or commissions in the event of one or more of the following valid reasons occurs:
    • a change in any consumer price index announced by the Central Statistical Office by at least 0.5 percentage points in relation to the index announced by the Central Statistical Office for the corresponding period of the previous year, if this change occurred no later than 4 months before Nestcoin Europe announced the change;
    • a change of at least 1 percentage point in the average salary in the enterprise sector as announced by the Central Statistical Office, if this change took place no later than 4 months before Nestcoin Europe’s announcement of the change;
    • issuance of a ruling by a court of law or issuance of a decision, recommendation or other binding act of Nestcoin Europe by a public administration body, resulting in the necessity to make changes;
    • introducing new services or products, except that the change will only apply to those new services or products, the use of such new services or products will not be obligatory for the Client, and the Client will not be charged for not using them;
    • a change in the scope of existing services or products which results in a change of the costs of providing those services or products of at least 4%, provided that the change will apply only to those changed services or products and the direction of the change in fees is in line with the direction of the change in costs, does not exceed one times that change and occurs no later than 4 months after the change in the scope of existing services or products or together with a change in that scope,
    • the introduction of new legislation defining the rules for the provision of services or the performance of activities by Nestcoin Europe or defining Nestcoin Europe’s obligations in relation to the provision of these services or the performance of activities, resulting in the need for amendments.
  3. Changes in the amount of fees and/or commissions may only be made in accordance with the direction of the change in the index, rate, or other cost of Nestcoin Europe to which Nestcoin Europe refers as the basis for the change. Changes to the Terms and Conditions or the Price List for valid reasons referred to in points XIV.1.a, XIV.1.b XIV.2.c, and XIV.2.f may only take place to the extent that such a change in the legal status or a ruling of a court or a decision, guideline, recommendation or other binding act issued by a public administration authority imposes a recommendation or obligation on Nestcoin Europe to change the content of the Terms and Conditions or the Price List and cannot justify a change in the Terms and Conditions or the Price List that is not necessary to perform this obligation or recommendation and at the same time goes beyond this obligation or recommendation. In such a case, Nestcoin Europe will amend the Terms and Conditions or the Price List to the extent necessary for the correct implementation of the recommendations or the obligation referred to above.
  4. Changes to the Terms and Conditions for valid reasons referred to in point XIV.1. c – g may occur only if the following conditions are additionally met:
    • the change will ensure proper performance of the Contract,
    • the change will take place only to the extent that is objectively necessary and directly related to the given reason,
    • this change will not lead to an increase in the mandatory financial burdens or other liabilities of the Client.
  5. An increase in the fee or commission cannot exceed twice the amount of the previous fee or commission, respectively. If a new fee or commission is introduced, its amount cannot exceed EUR 100 or 3% of the amount which is the basis for its calculation. In the case of an increase in the fee or commission, the amount of which hitherto was:
    • 0 EUR – the fee as a result of the increase may not exceed EUR 100,
    • 0 % - the commission as a result of the increase may not be more than 3% of the amount on which it is based.
  6. An increase in the fee or commission concerned on the grounds referred to in point XIV. 2a. – b. and e. of the Terms and Conditions, can be done only twice in a calendar year. This means that an increase of a given fee or commission on the basis of one of these reasons in a given calendar year means that it is no longer possible to invoke any of these reasons in the same calendar year for the increase of this fee or commission.
  7. A change of the fee or commission for important reasons referred to in XIV. 2.c. and f. Terms and Conditions, may take place only to the extent that such a change in the state of the law or a decision of a common court of law or a decision, recommendation, recommendation or other binding act issued by a public administration body imposes on Nestcoin Europe a recommendation or an obligation to make a specific change and may not justify a change that is not necessary to comply with that obligation or recommendation and at the same time goes beyond that obligation or recommendation.
  8. Points XIV.1 – XIV.7 apply only to the Client who is a consumer within the meaning of the KC. In the case of a Client who is not a consumer, Nestcoin Europe is entitled to change the Terms and Conditions and/or the Price List at any time, to any extent, in the event of any important reason
  9. Nestcoin Europe shall inform the Client of an amendment to the Terms and Conditions or the Price List (including the amount of the fee or commission) and the effective date of the amendment. The effective date of the amendment may not be earlier than 30 days after informing the Client.
  10. The Client may terminate the Contract without observing the notice period until the 30th day after the date of entry into force of the changes. Failure to terminate the Contract will mean that the Client has agreed to the changes.
  11. Nestcoin Europe informs the Client of the changes:
    • by post to the Client’s correspondence address, registered office, or home address; or
    • by e-mail to the Client’s e-mail address.

XV. WITHDRAWAL FROM THE CONTRACT

  1. The Client, who is a consumer within the meaning of the Civil Code or an entrepreneur running a sole proprietorship, may withdraw from the Contract without giving any reason by making a statement:
    • in writing. The statement of withdrawal shall be sent to the registered office or postal address of Nestcoin Europe;
    • within 14 days from the date of conclusion of the Contract with Nestcoin Europe or from the date of receipt of these Terms and Conditions, if later. The period for withdrawal from the Contract with Nestcoin Europe shall be deemed to have been observed if, before its expiry, the statement has been sent by the Client.
  2. In the event of withdrawal from the Contract with Nestcoin Europe, it shall be deemed not to have been concluded and the Client shall be released from all obligations. The Client shall not bear any costs associated with the withdrawal. What the parties have provided (with the exception of executed Transactions and fees and commissions for executed Transactions) shall be returned, within 30 days:
    • from withdrawing from the Contract – in the case of Client benefits or
    • from receipt of the declaration of withdrawal – in the case of Nestcoin Europe benefits.
  3. The Client shall pay for the services performed by Nestcoin Europe until the withdrawal from the Contract, at the rates specified in the Price List. The withdrawal has no effect on the Transactions performed by the Client up to the moment of withdrawal from the Contract.

XVI. LIABILITY

  1. Points XVI.2 – XVI.7 of the Terms and Conditions apply only to Clients who have concluded a Contract and use Nestcoin Europe services as a consumer, within the meaning of the provisions of the KC.
  2. Nestcoin Europe is responsible for the non-compliance of the Services provided with the Terms and Conditions, which occurred or became apparent during the term of the Contract.
  3. In the event of improper performance of the Services by Nestcoin Europe, the Client may exercise the rights regulated in Chapter 5b of the UPK. If the Service is performed contrary to the Contract, the Client may demand that it be brought into compliance with the Contract. Nestcoin Europe may refuse to bring the Service into compliance with the Contract if bringing it into line with the Contract is impossible or would require excessive costs for Nestcoin Europe.
  4. In addition, if the Services are non-compliant with the Contract, the Client may make a declaration to either reduce the price of the Services or withdraw from the Contract, provided that:
    • bringing the Services into compliance with the Terms and Conditions is impossible or requires excessive costs pursuant to Article 43m(2) and (3) of the UPK;
    • Nestcoin Europe has failed to bring the Services into compliance with the Terms and Conditions within a reasonable time from the time Nestcoin Europe was informed by the Client of the non-compliance with the Terms and Conditions, and without undue inconvenience to the Client, taking into account the nature of the Service and the purpose for which it is used;
    • the non-compliance of the Service with the Terms and Conditions continues even though Nestcoin Europe has attempted to bring the Service into compliance with the Terms and Conditions;
    • the Service’s non-compliance with the Terms and Conditions is so significant as to justify either a reduction in price or withdrawal from the Contract without first resorting to a request to bring the Service into compliance with the Terms and Conditions; or
    • it is clear from Nestcoin Europe's statement or circumstances that Nestcoin Europe will not bring the Service into compliance with the Terms and Conditions within a reasonable time or without undue inconvenience to the Client.
  5. The Client may not withdraw from the Contract pursuant to point XVI.4 above, if the Services are provided free of charge or in exchange for the payment of a price, and the lack of compliance of the Service with the Contract is immaterial.
  6. The reduced price must be in such proportion to the price resulting from the Contract, as the value of the Services that do not comply with the Terms and Conditions remains to the value of the Services that comply with the Terms and Conditions. When reducing the price, the time during which the Services remained non-compliant with the Contract should be taken into account. In the event of withdrawal, Nestcoin Europe is obliged to return the price only in the part corresponding to the Service that is non-compliant with the Terms and Conditions and the Service, the obligation to provide which dropped as a result of withdrawal from the Contract.
  7. Nestcoin Europe is obliged to reimburse the price due as a result of exercising the right to withdraw from the Contract or reduce the price immediately, no later than within 14 days from the date of receipt of the statement of withdrawal from the Contract or reduction of the price. Nestcoin Europe shall reimburse the price using the same method of payment as used by the Client, unless the Client expressly agreed to a different method of reimbursement, which does not involve any costs for the Client.

XVII. ILLEGAL CONTENT

  1. The Client may not send or store illegal content in the App or in the Account, as well as content that:
    • is used to commit fraud;
    • incites violence or hatred;
    • defames or insults any third party or group of people;
    • violates the personal rights of any third party;
    • contains profanity (taboo words) or other offensive content.
  2. Any person or entity, including the Client, who considers the content stored in the App or Account to be illegal or violating the terms of the Agreement may send a notice regarding this content to Nestcoin Europe. The notice shall be sent to the e-mail address indicated in Nestcoin Europe Contact Details.
  3. The notice shall include the following information:
    • a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content or content that violates the Agreement;
    • a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content;
    • the name and surname and email address of the individual or entity submitting the notice, except in the case of information considered to involve one of the offences referred to in “Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography”;
    • a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
  4. If the notice contains electronic contact details of the person or entity submitting the notice, Nestcoin Europe will, without undue delay, send confirmation of receipt of the notice to this contact address.
  5. Nestcoin Europe shall process the notice within 14 days and within this period it will inform the notifying person or entity about Nestcoin Europe's decision in relation to the content indicated in the notice. The notifying person or entity has the right to appeal against the decision of Nestcoin Europe within 14 days of its receipt. The rules regarding notification specified in point XVII.2 – 5 of the Terms and Conditions apply accordingly to the appeal. The notifying person or entity also has the right to use judicial or extrajudicial means of resolving disputes, indicated in point XII of these Terms and Conditions.
  6. If Nestcoin Europe finds (based on the above-mentioned notification or as part of the information it has independently obtained) that the content sent or stored in the App or in the Account is illegal or violates point XVII.1 of the Regulations, Nestcoin Europe may decide to:
    • remove the content;
    • leave the content in the App or in the Account.

The above-mentioned decision may be made by Nestcoin Europe based on the notice or as part of the information obtained independently, and Nestcoin Europe does not take any active measures to actively detect or identify illegal content or content that violates these Terms and Conditions.

  1. If a decision is made to remove the content or terminate the Agreement, Nestcoin Europe will immediately (no later than on the day of imposing the restriction) send the justification referred to in Art. 17 Regulation 2022/2065 of the European Parliament and of the Council on the single market for digital services and amending Directive 2000/31/EC. The Client may appeal against Nestcoin Europe's decision within 14 days of receiving the justification, in the complaint procedure described in point XII of these Terms and Conditions. Nestcoin Europe will also consider the appeal in the complaint procedure described in point XII of these Terms and Conditions.
  2. If Nestcoin Europe accepts the Client's appeal, it will withdraw its decision and actions and inform the Client and the person or entity that submitted the notice about this decision.
  3. Points XVII.7 and 8 of the Terms and Conditions do not apply to decisions and actions of Nestcoin Europe taken pursuant to an order against specific illegal content or specific illegal content issued by the relevant national judicial or administrative authorities.

XVIII. FINAL PROVISIONS

  1. The Client shall be fully liable for the consequences of any Orders given in the Account. Nestcoin Europe shall only be liable for Transactions ordered by unauthorized persons, which Nestcoin Europe has caused intentionally or through gross negligence. Nestcoin Europe's liability is entirely excluded if the Client's damage is due to force majeure or the application of legal provisions, including decisions of the competent public administration authorities.
  2. Pre-contractual relations and the Contracts shall be governed by Polish law.
  3. The language of the Contract as well as the language of communication between Nestcoin Europe and the Client shall be English and/or Polish.
  4. The Client undertakes to ensure that the person authorized to act for and on behalf of the Client, including making declarations of intent in connection with the execution of the Contract, Orders and/or Transactions, performs all the obligations provided for in the Contract, the Terms and Conditions, and any other regulations or arrangements in force between the Client and Nestcoin Europe, including the obligations provided both to the Client and that person. Unless otherwise agreed, the acts and omissions of that person shall be treated as the acts and omissions of the Client.
  5. The Client shall bear the costs of using the means of distance communication, in particular the telecommunications network, according to the tariff of their operator.
  6. Nestcoin Europe does not provide advisory services in the field of Virtual Currencies, including the scope of making investments in Virtual Currencies or the suitability of Virtual Currencies for a given purpose. The fact that Nestcoin Europe provides Services in relation to a particular Virtual Currency does not in any way mean that Nestcoin Europe endorses or encourages the use or purchase of that Virtual Currency.
  7. In the event of a change in the data provided to Nestcoin Europe, including contact details, the Client shall inform Nestcoin Europe immediately, no later than within 7 days of the change occurring. If the Client does not inform Nestcoin Europe of the change of the e-mail address specified within the period specified in the previous sentence, Nestcoin Europe will send all information and documents to the Client and contact the Client in accordance with the previously specified address. Nestcoin Europe may also suspend the provision of the Services to the Client until the data is updated.
  8. If individual provisions of the Contract, including the Terms and Conditions, are found to be invalid or ineffective in whole or in part for any reason, the other provisions shall remain in effect.

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