Terms and Conditions

User Agreement

Effective Date: April 1st, 2013. Last updated: Jun 12th, 2017.

This User Agreement ("Agreement") is a contract between you and Coins.ph and applies to your use of Coins.ph services. You must read, agree with and accept all of the terms and conditions contained in this Agreement.


This is an important document which you must consider carefully when choosing whether to use Coins.ph services.


General

By signing up to use the Coins.ph account through the Coins.ph website, the Coins.ph API, and/or any associated websites or mobile applications (collectively the “Coins.ph site"), you agree to comply with and be legally bound by this Agreement, as revised from time to time. If you do not agree to any of the terms set forth in this Agreement, or any subsequent modification to the Agreement, you may not access or use any of the Coins.ph Services.

We may amend or modify this Agreement by posting on the Coins.ph site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. We may (a) modify or discontinue any portion of the Coins.ph services, and (b) suspend or terminate your access to the Coins.ph Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the Coins.ph services, or suspension or termination of your access to the Coins.ph Services, except to the extent otherwise expressly set forth herein.

Betur, Inc., dba Coins.ph is duly registered with the Bangko Sentral ng Pilipinas (BSP) as a Foreign Exchange Dealer (FXD), Money Changer (MC) & Remittance Agent (RA), and all such activity is subject to the rules and regulations of the Bangko Sentral ng Pilipinas and the Anti-Money Laundering Act (AMLA), as amended

Please note the following risks of using Coins.ph services:

  • Digital currency purchased using a bank account or credit card may be reversed at a later time, for example, if such a payment is subject to a chargeback, reversal, claim or is otherwise invalidated.
  • A digital currency transaction may be unconfirmed for a period of time (usually less than one hour, but up to one day) and never complete if it is in a pending state.
  • Holding digital currency is high risk. The price or value of digital currency can change rapidly, decrease, and potentially even fall to zero.
  • You agree that disputes between you and Coins.ph will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

1. Our Relationship with You.

1.1 Coins.ph helps you make payments to and accept payments from third parties. Coins.ph also provides a digital currency wallet service where you can store your digital currency. Coins.ph also allows users to buy and sell digital currency. Coins.ph is an independent contractor for all purposes. Coins.ph does not have control of, or liability for, the products or services that are paid for with Coins.ph services. We do not guarantee the identity of any user or other party or ensure that a buyer will complete a transaction. Coins.ph is not a money transmitter. Coins.ph assists its users in digital currency transactions.

1.2 Your Privacy. Protecting your privacy is very important to Coins.ph. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

1.3 Privacy of Others; Marketing. If you receive information about another user through Coins.ph services, you must keep the information confidential and only use it in connection with Coins.ph services. You may not disclose or distribute a user's information to a third party or use the information for marketing purposes unless you receive the user's express consent to do so. You may not send unsolicited email to a user through Coins.ph.

1.4 Intellectual Property. "Coins.ph" and all logos related to Coins.ph services are either trademarks, or registered marks of Coins.ph or its licensors.

1.5 Password Security and Keeping Your Email and Address Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access Coins.ph services. You are responsible for keeping your email address up to date in your Account Profile.

1.6 Notices to You. You agree that Coins.ph may provide you communications about your Account and Coins.ph services electronically.

1.7 Notices to Coins.ph. We prefer receiving notices to Coins.ph electronically through our support system at help@coins.ph. Paper notifications can also be sent to coins.ph - See our contact page for our mailing address.

1.8 All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.


2. Accounts.

2.1 Eligibility. To be eligible to use Coins.ph services, you must be at least 18 years old. For minors, you shall provide a consent form duly completed by your parent/legal guardian along with your and their identification documents.

2.2 Identity Authentication. If you wish to buy or sell digital currency through Coins.ph, you authorize Coins.ph, directly or through third parties, to make any inquiries we consider necessary to validate your identity.

2.3 Multiple Accounts. Coins.ph Accounts are personal and non-transferable. By using Coins.ph, you agree that you will not create more than one Account, and that we may, without notice, close or suspend any or all of the Accounts of a Member who has, or whom we reasonably suspect has, opened multiple Accounts.

2.4 Third Party Applications. If you grant express permission to a third party to connect to your Coins.ph account, either through the third party's product or through Coins.ph, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Coins.ph responsible for, and will indemnify Coins.ph from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant. You may change or remove these permissions at any time from the Account Settings (API) page.

2.5 Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Coins.ph is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

2.6 Your account with us is not a bank account. Our services are not financial instruments. No interest will be paid on any funds or currency you use to purchase or trade for any other currency, and such currency is not insured by the company or any government agency.

2.7 Limitations. Coins.ph may delay an order if customer has not provided personal identifying information, if it reasonably suspects that customer is in violation of the User Agreement, or if further personal identifying information is necessary to establish the identity of the customer ("KYC"). Until completion of such verification procedures, customers may experience delayed processing of digital currency Transactions or Conversion Service transactions. Coins.ph will designate any such delayed transaction as "pending," and funds will not be available until the pending transaction is completed. Coins.ph reserves the right to refuse to process, cancel, or to reverse any customer transaction (i) as required by law, (ii) in response to a facially valid subpoena, court order, or other government order, or (iii) if Coins.ph reasonably suspects that the transaction is erroneous, or is in violation of the Coins.ph User Agreement.

2.8 Unsolicited Deposits. Unsolicited deposits into our bank account are subject to a processing fee of up to Php 4,000.00 per incidence. Coins.ph reserves the right at it’s own discretion to either process or reject such deposits and associated orders. Any reversal of funds will require adequate (as determined by Coins.ph) proof of payment, identification of payer, and proof of ownership of the originating account (where applicable).
Examples of unsolicited deposits include but are not limited to: making a deposit without a corresponding order; check, wire, or other non-cash deposits; depositing an amount that substantially exceeds the order amount; placing an order after a deposit has been made; any type of deposit resulting in circumvention of account limits.

2.9 Wrong or Partial Beneficiary Details. A processing fee of up to Php 200 per failed attempt may be assessed at Coins.ph’s discretion for orders which we are unable to complete due to wrong or partial beneficiary information.


3. Digital Currency

3.1 Coins.ph may cancel or reverse potentially high-risk buys or sells of digital currency, including those made using reversible payment methods.

3.2 Coins.ph does not cancel or reverse digital currency-to-digital currency transactions, as long as they are accepted and confirmed on the blockchain network.

3.3 Coins.ph keeps 100% of customer funds in storage. Coins.ph does not engage in fractional reserve lending.

3.4 In the event Coins.ph needs to retrieve funds from offline storage, there can be a delay in sending coins of up to 48 hours.

3.5 Coins.ph does not guarantee the value of digital currency. You acknowledge that the price or value of digital currency can change rapidly, decrease, and potentially even fall to zero. You acknowledge that holding digital currency is high risk. You agree to deliver the agreed upon payment for digital currency upon confirmation of an order, regardless of changes in digital currency value.

3.6 Coins.ph reserves the right to change the buy/sell limits and/or suspend trading activity on your account as we deem necessary.

3.7 Operation of Digital Currency Protocols. Coins.ph does not own or control the underlying software protocols which govern the operation of Digital Currencies available for buy/sell and/or supported through our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using Coins.ph, you acknowledge and agree (i) that Coins.ph is not responsible for operation of the underlying protocols and that Coins.ph makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a "forks"), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you buy/sell at Coins.ph. In the event of a fork, you agree that Coins.ph may temporarily suspend Coins.ph operations (with or without advance notice to you) and that Coins.ph may subsequently, in its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the forked protocol entirely, provided, however, that you will have an opportunity to withdraw funds from the platform. You acknowledge and agree that Coins.ph assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
Coins.ph will support only one fork of each Digital Currencies protocol which we determine, at our sole discretion, best reflects the consensus approach.


4. Unauthorized Uses.

Users are prohibited from using any Coins.ph services, services provided to or in relation to other users, and related third party services, for or in relation to certain activities (“Unauthorized Uses”) which contravene the Agreement. This prohibition is designed to protect Coins Customers from wrongdoing and ensure compliance with local laws and international norms.

These categories are not exhaustive and are designed primarily for illustrative purposes. Any use of the services for the purpose of facilitating, participating in, or acting in relation any Unauthorized Uses can lead to service disruptions, changes in services, account deactivation or reporting to law enforcement. If you believe you are using Coins services for one of the purposes below, are seeking to use Coins services for that reason, or are unsure whether your use or intended use may be a Prohibited Use, you may contact Coins Support for clarity.

Prohibited Uses include transaction or activities related to:

  • (a) Investment Schemes: support of pyramid schemes, paluwagans, ponzi schemes, network marketing, unlicensed investment vehicles, deceptive charity schemes, referral marketing programs or multi-level marketing programs;
  • (b) Fraud: provision of any false, deceptive, inaccurate or misleading information to Coins, Coins users, or other third parties for pecuniary gain or other ends;
  • (c) Gambling: Online gambling, lotteries, casinos and informal gambling, gaming operations, sports betting, and other games of chance and forms of speculation;
  • (d) Unauthorized Financial Institutions and MSBs: unlicensed money transmission, unlicensed financial services, and other unregulated financial operations. This also includes securities brokers, unlicensed investment vehicles, check cashing services, collections agencies, and bail bonds;
  • (e) Drugs: illegal narcotics, drug paraphernalia, commercial drugs and other controlled substances, and other mind or body altering substances presenting a public health risk;
  • (f) Stolen Items: stolen goods including digital and virtual goods, all goods for which seller does not have clear title;
  • (g) Intellectual Property Infringement: items that infringe or violate any intellectual property rights, including trademark, copyright, privacy or any other proprietary rights. This includes the selling or facilitating of sales of counterfeit or unauthorized goods or activities related thereto;
  • (h) Shell Companies: entities that appear to have no genuine business purpose or are otherwise designed to operate for a purpose other than that which they purport to operate under are prohibited;
  • (i) Bearer Shares Entities: Customers transacting with, on behalf of, or in relation to entities for which the identity of beneficial owners are not known and in which ownership stakes are freely alienable are prohibited;
  • (j) Adult Services and Media: Services involving prostitution, sale of illegal pornographic materials, and forms of human trafficking;
  • (k) High Risk Entities: Any individual, group, or entity deemed to pose an inordinately high risk to Coins, its customers, or other third parties may be considered unacceptably high risk and an unauthorized user.
  • (l) Violence: Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same.
  • (m) Coercion: Extortion, blackmail, or efforts to induce unearned payment
  • (n) Weapon Sales: Unlicensed sale of firearms and certain weapons


5. Disputes with Coins.ph.

5.1 Indemnification. You agree to indemnify and hold Coins.ph, its parent, the officers, directors, agents, joint venturers, and employees harmless from any claim or demand (including attorneys’ fees) arising out of your breach of this Agreement or your use of Coins.ph services.

5.2 Release of Coins.ph. If you have a dispute with one or more users, you release Coins.ph (and our parent, officers, directors, agents, joint ventures, employees and suppliers) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, this release extends to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

5.3 Disputes with Coins.ph. If you think we have made an error, write to us at coins.ph, or email us at help at Coins.ph. In your correspondence, you must give us information sufficient to identify you, your account, and the transaction on which you believe an error occurred. You must contact us within 30 days after the transaction occurred. Within 90 days of receiving your request, we must either correct the error or explain to you why we believe the transaction was correct.


6. Customer Cash-in.

6.1 Coins.ph may introduce you to third party customers or "Tellers" for the purpose of cashing-in funds into your Coins.ph account. While we try to verify each Teller, we will not assess the suitability, legality or ability of any third party cash-in providers and you expressly waive and release the company and/or its directors, officers, and employees from any and all liability, claims or damages arising from or in any way related to the third party cash-in service provider. the company will not be a party to disputes, negotiations of disputes between you and such third party providers. responsibility for the decisions you make regarding services offered via the software or service (with all its implications) rests solely with you. we will not assess the suitability, legality or ability of any such third parties and you expressly waive and release the company and/or its directors, officers and employees from any and all liability, claims, causes of action, or damages arising from your use of the software or service, or in any way related to the third parties introduced to you by the software or service.

6.2 Any references in the Site, Application or Services to a Customer being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Coins.ph about any Customer, including of the Customer's identity and whether the Customer is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to trust a Teller or to accept a cash-in request from a Customer, or to have any other interaction with any other Customers.


7. General Provisions.

7.1 Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF Coins.ph OR OUR PARENT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, Coins.ph SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

7.2 No Warranty. Coins.ph SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. Coins.ph, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF Coins.ph OR OUR PARENT SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Coins.ph does not have any control over the products or services that are paid for with Coins.ph services and Coins.ph cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. Coins.ph does not guarantee continuous, uninterrupted or secure access to any part of Coins.ph services, and operation of our site may be interfered with by numerous factors outside of our control. Coins.ph will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Coins.ph makes no representations or warranties regarding the amount of time needed to complete processing because Coins.ph services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

7.3 Arbitration. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Center ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one or more arbitrators (if one arbitrator cannot be designated by mutual agreement of the Parties) appointed in accordance with said rules. The venue for arbitration shall be Singapore, and the language of arbitration shall be English. The arbitral award shall be final and binding on the Parties and shall be enforceable in any court having jurisdiction. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

7.4 Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with Coins.ph must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

7.5. Export Controls & Sanctions. The supply of digital currency and the Coins.ph services through the Coins.ph site is subject to Philippines and international export controls and economic sanctions requirements. By acquiring any such items through the Coins.ph site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire digital currency or any of the Coins.ph services through the Coins.ph site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (2) you intend to supply the acquired digital currency or Coins.ph Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or UN sanctions (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.


POLICY ON CUSTOMERS FROM STATE OF NEW YORK

In light of the recent New York “BitLicense” regulations we have regretfully decided to no longer service customers who are either residents of, or are located in the state of New York.

By signing up for an account with us or by using any of our products and services, you confirm that you are not a New York State resident or New York State legal entity, and that you will not be using our services from the State of New York.


APPENDIX 1: PROHIBITED BUSINESSES AND PROHIBITED USE

The following categories of businesses, business practices, and sale items are barred from Coins.ph services ("Prohibited Businesses"). By opening a Coins.ph account, you confirm that you will not use Coins.ph services in connection with the following businesses, activities, practices, or items:

  1. Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveler's checks, and escrow services
  2. Counterfeit products or any product or service that infringes upon the copyright, trademark, or trade secrets of any third party
  3. Stolen goods
  4. Narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs
  5. Gambling, except where permitted by Coins.ph
  6. Sports forecasting or odds making
  7. Prostitution or illegal escort services
  8. Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same
  9. Funding any of the items included on this Prohibited Businesses list
  10. Extortion, blackmail, or efforts to induce unearned payments
  11. Unlicensed sale of firearms and certain weapons
  12. Engaging in deceptive marketing practices
  13. Any business that violates any law, statute, ordinance or regulation

You may not use your Coins.ph Account to engage in the following categories of activity ("Prohibited Use"). By opening a Coins.ph Account, you confirm that you will not use your Account to do any of the following:

  1. Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, or consumer protections);
  2. Partake in a transaction which involves the proceeds of any unlawful activity;
  3. Partake in any transaction involving online gambling except where permitted by Coins.ph;
  4. Defraud or attempt to defraud Coins.ph or other Coins.ph users;
  5. Infringe upon Coins.ph's or any third party's copyright, patent, trademark, or intellectual property rights;
  6. Provide false, inaccurate or misleading information;
  7. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
  8. Interfere with another individual's or entity's access to or use of any of the Coins.ph Services;
  9. Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
  10. Publish, distribute or disseminate any unlawful material or information;
  11. Transmit or upload any material to the Coins.ph Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
  12. Harvest or otherwise collect information from the Coins.ph Site about others, including without limitation email addresses, without proper consent;
  13. Act as a payment intermediary or aggregator or otherwise resell any of the Coins.ph Services, unless expressly authorized by Coins.ph in writing;
  14. Transfer any rights granted to you under this Agreement;
  15. Use the Coins.ph Account information of another party to access or use the Coins.ph Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user's Coins.ph Account and information;
  16. Otherwise attempt to gain unauthorized access to the Coins.ph Site, other Coins.ph Accounts, computer systems or networks connected to the Coins.ph Site, through password mining or any other means; or
  17. Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law.
  18. US Residents are prohibited from using Coins.ph for money transmission or to conduct any other financial activity requiring licensure or covered by regulations governing financial services.