User Agreement
This agreement (the "Agreement") is for customers who register to use the services of Proptee Europe UAB.
This is a contract between you and:
Proptee Europe UAB ("Proptee"), a private limited company incorporated in Lithuania with the company number 305956279 and whose registered office address is at J. Savickio g. 4-7, LT-01108 Vilnius, Lithuania.
References in this Agreement to "Proptee", "we", "our" or "us", are to Proptee Europe depending on the services being discussed, and references to "you" or "your" are to the person with whom Proptee enters into this Agreement.
By signing up to use an account through Proptee.io, or any of our associated websites, application programming interfaces (“APIs”), or mobile applications (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy.
We refer to the Digital Currency Services and Additional Services (all defined below) collectively as the "Proptee Services", which can be accessed via the platform operated by Proptee (the “Proptee Platform”) (including the online platform which is accessible via the Site or at such location as may be prescribed by Proptee from time to time). Each of the Proptee Services is provided by Proptee Europe, as set out in clause 2 below.
You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial. As with any asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition.
  1. 1.
    ELIGIBILITY To be eligible to use any of the Proptee Services, you must be at least 18 years old and reside in a country in which the relevant Proptee Services are accessible.
  2. 2.
    SERVICES
2.1 Digital Currency Services.
The following services (the "Digital Currency Services") may be provided to you by Proptee: (A) one or more hosted digital currency wallets (the "Digital Currency Wallets") enabling you to store, track, transfer, and manage your balances of certain supported digital currencies like Bitcoin or Ethereum (collectively "Digital Currency" or “Digital Currencies”); and (B) a Digital Token exchange service enabling you to obtain prices for your purchases and sales of Digital Tokens, and (subject to certain restrictions) carry out any such purchases or sales on the Site (the “Digital Token Exchange Service”).
Proptee is a regulated cryptocurrency exchange operator and cryptocurrency depository wallet operator. Proptee is based in, and provides its services from, Lithuania.
2.3 Several Liability. You agree that the liability of Proptee under this Agreement is several and not joint, and Proptee shall be liable only for their own respective obligations under this Agreement, and any breaches by them of those obligations. This means that each of them are responsible to you for their own breaches of this Agreement, and not for each other’s breaches.
2.4 Fees. You agree to be responsible for the payment of and pay all fees. A full list of fees for Proptee Services, as amended from time to time, can be found on the Site at the ‘Trading Fees’ pages, which shall form part of this Agreement.
2.5 Proptee Group. In this Agreement, “Proptee Group” means Proptee and its corporate affiliates, including Proptee Europe UAB, which provide Digital Currency storage and wallet services.
  1. 1.
    ACCOUNT SETUP
3.1 Registration of Proptee Account. To use the Proptee Services, you will need to register for a Proptee account (a "Proptee Account") by providing your details, including your name and email address and accepting the terms of this Agreement. By using a Proptee Account, you agree and represent that you will use the Proptee Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from Proptee in accordance with Section 3.2 and 4.10 of this Agreement. Each customer may register only one Proptee account. You are fully responsible for all activity that occurs under your Proptee Account. We may, in our sole discretion, refuse to open a Proptee Account for you, or suspend or terminate any Proptee Accounts (including but not limited to duplicate accounts) or suspend or terminate the trading of specific Digital Token in your account.
3.2 Identity Verification. You agree to provide us with the information we request (which we may request at any time deemed necessary) for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including as set out in Appendix 2 (Verification Procedures and Limits) and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to start using the Proptee Services and to access specific Proptee Services, including certain transfers of Digital Currency, and the limits that apply to your use of the Proptee Services may be altered as a result of information collected on an ongoing basis.
The information we request may include (but is not limited to) personal information such as your name, residential address, telephone number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (e.g. international mobile subscriber identity and international mobile equipment identity) and other subscriber status details, and any such information that Proptee is required to collect from time to time under applicable law.
You may also be required to undergo “Enhanced Due Diligence” (see Section 6.2 below), where Proptee may request that you submit additional information about yourself or your business, provide relevant records, and arrange for meetings with Proptee staff so that Proptee may, among other things, establish the source of your wealth and source of funds for any transactions carried out in the course of your use of Proptee Services.
In providing us with this or any other information that may be required, you confirm that the information is true, accurate and complete, and you have not withheld any information that may influence Proptee’s evaluation of you for the purposes of your registration for a Proptee Account or the provision of Proptee Services to you. You undertake to promptly notify in writing and provide Proptee with information regarding any changes in circumstances that may cause any such information provided to become false, inaccurate or incomplete and also undertake to provide any other additional documents, records and information as may be required by Proptee and/or applicable law. You permit us to keep records of such information. We will treat this information in accordance with Section 11 (Data Protection).
You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such enquiries. When we carry out these enquiries, 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 enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Proptee Services and/or before permitting you to engage in transactions beyond certain volume limits.
  1. 1.
    FIAT TO CRYPTO SERVICES
4.1 Loading. You can load funds into your Proptee Wallet using bank transfer (or other payment methods available on the Site for your location), and your Proptee Wallet will show loaded funds once we have received them. Loading of funds may be done manually, or as part of a recurring transaction that you set up on your Proptee Account (see Section 5.12 below for more details). You may only load your own funds, from your own account, and not from any joint, pooled or third party account. When funds are loaded into the Proptee Wallet you will be issued with Stasis Euro (EURS), a stablecoin pegged 1:1 to fiat EURO, exchanged by a third party company on behalf of Proptee. Proptee requests a conversion from FIAT to CRYPTO using a third party company. Stasis Euro represents the funds you have loaded after the FIAT to CRYPTO exchange occurred. The Proptee Wallet is a crypto currency wallet account which means that your stablecoins will not be protected by the Financial Services Compensation Scheme. Stablecoins held in an Proptee Wallet will not earn any interest.
4.2 Purchase or Sale of Digital Token. You may purchase supported Digital Tokens by using Fiat currencies. To carry out a Digital Currency Transaction using Fiat to Crypto exchange services, you must follow the relevant instructions on the Site. A Digital Currency Transaction using fiat to crypto exchange should normally be settled no later than one business day after we receive your instructions. You authorise us to debit money from your Proptee Wallet. Although we will attempt to deliver Digital Currency to you as promptly as possible, money may be debited from your bank account before Digital Currency is delivered to your Digital Currency Wallet. You may sell Digital Currency in exchange for fiat currencies that are sent to your bank account directly. You authorise us to debit your Digital Currency Wallet and credit your bank account with the relevant amount of fiat currency. We never hold your money under Proptee’s own balance and all fiat to Digital Token exchanges happen directly to and from your bank account.
4.3 Receipt of Instructions. If we receive instructions from you to purchase Digital Currency using fiat currencies on a non-business day or after 4:30 pm (London time) on a business day, we may treat those instructions as if they were received by us on the following business day.
4.4 Revocation. When you give us instructions to carry out a Digital Currency Transaction using fiat currencies, you cannot withdraw your consent to that Digital Currency Transaction unless the Digital Currency Transaction is not due to occur until an agreed date in the future e.g. if you have set up Future Transactions (see Section 5.12 below for more details). In the case of a Future Transaction, you may withdraw your consent up until the end of the business day before the date that the Future Transaction is due to take place. To withdraw your consent to a Future Transaction, follow the instructions on the Site.
4.5 Unsuccessful Payments. If a payment to send fiat funds to exchange it to Stable coins in your Proptee Wallet is not successful, you authorise Proptee, in its sole discretion to cancel any related Digital Currency Transactions.
4.6 Account Information. You will be able to see your Stable coin balance and your transaction history using the Site, including (i) the amount (and currency) of each Digital Currency Purchase, (ii) a reference to identify the payer and / or payee (as appropriate), (iii) any fees charged (including a breakdown of the fees), (iv) where there has been a currency exchange, the rate of exchange, and the amount (in the new currency) after exchange (where you are the payer) or the amount (in the original currency) before the exchange (where you are the payee), and (v) the debit or credit date of each Digital Currency Purchase (as appropriate).
4.7 Redeeming Stable coins. You may redeem all or part of any Stable coins held in your Proptee Wallet at any time by selecting the relevant option in the Site and following the instructions. Unless agreed otherwise, funds will be transferred to the bank account you have used to send fiat currencies to us. If this Agreement is terminated, we will redeem any Stable coins remaining in your Proptee Wallet and attempt to transfer funds to the bank account you have registered with us. Prior to redeeming Stable coins from your Proptee Wallet, we may conduct checks for the purposes of preventing fraud, money laundering, terrorist financing and other financial crimes, and as required by applicable law. This may mean you are prevented or delayed from withdrawing Stable coins until those checks are completed to our reasonable satisfaction in order to comply with our regulatory requirements.
4.8 Unauthorised and Incorrect Transactions. Where a purchase of Digital Currency and / or Stable coin withdrawal is initiated from your Proptee Wallet using your credentials, we will assume that you authorised such transaction, unless you notify us otherwise.
If you believe that a transaction using your Proptee Wallet has been carried out that you did not authorise (an “Unauthorised Transaction”), or if you have reason to believe that a transaction using your Proptee Wallet has been incorrectly carried out or is not complete (an “Incorrect Transaction”), you must contact us as soon as possible, and in any case no later than 13 months after the Unauthorised Transaction or Incorrect Transaction occurred.
It is important that you regularly check your Proptee Wallet balance and your transaction history to ensure any Unauthorised Transactions or Incorrect Transactions are identified and notified to us at the earliest possible opportunity.
We are not responsible for any claim for Unauthorised Transactions or Incorrect Transactions unless you have notified us in accordance with this Section 4.8, in which case Section 4.9 below sets out our respective responsibilities. As further described in Section 4.9 below, we are not responsible for any claim for Unauthorised Transactions or Incorrect Transactions if you have acted fraudulently, intentionally or with gross negligence and this has resulted in the Unauthorised Transactions or Incorrect Transactions.
During any investigation of any actual or potential Unauthorised Transactions or Incorrect Transactions, we reserve the right to suspend your Proptee Account to avoid further losses.
4.9 Refund Rights. (A) Unauthorised Transactions - Proptee Wallet. If an Unauthorised Transaction occurs in your Proptee Wallet as a result of our failure, we will refund you the amount of that transaction by no later than the end of the next business day after becoming aware of the Unauthorised Transaction and restore your Proptee Wallet to the state it would have been in had the Unauthorised Transaction not taken place. Generally, you will not be liable for losses incurred after you have notified us of the Unauthorised Transaction or if we have failed at any time to provide you with the means for notifying us.
You will be liable for the first €250 of any losses you incur in respect of an Unauthorised Transaction in your Proptee Wallet which arises from the use of lost or stolen credentials (for example when you have failed to keep the login details and magic link access for your Proptee Account secure), and if you are fraudulent, or you intentionally or negligently fail to carry out your obligations under this Agreement and this results in Unauthorised Transactions in your Proptee Wallet (for example, if you deliberately share your email and password with a third party, or are grossly negligent in keeping your email secure, in both cases other than in accordance with Sections 3.2), you will be liable for all resultant losses incurred as a result of any such Unauthorised Transactions, not just the first €250.
(B) Incorrect Transactions - Proptee Wallet. Where an Incorrect Transaction is made in your Proptee Wallet as a result of our action or error we shall refund to you the amount of that transaction without undue delay and restore your Proptee Wallet to the state in which it would have been had the Incorrect Transaction not taken place. We will also endeavour to provide you with reasonable notice where possible. We will also pay any charges for which we are responsible, and for any interest which you can show that you have had to pay as a consequence of any Incorrect Transaction. Irrespective of our liability, on your request, we shall try to trace any Incorrect Transaction initiated by you free of charge. However, we cannot guarantee that we will be able to trace such transactions.
4.10 Consent. By opening a Proptee Account with us you provide your explicit consent to us providing fiat to crypto exchange services to you. You can withdraw this consent at any time by closing your Proptee Account. For the avoidance of doubt, this consent does not relate to our processing of your personal information or your rights under and in accordance with data protection law and regulations. Please see Section 11 (Data Protection) below and our Privacy Policy for information about how we process your personal data, and the rights you have in respect of this.
  1. 1.
    DIGITAL CURRENCY SERVICES
5.1 In General. Your Digital Currency Wallet enables you to send Digital Currency to, and request, receive, and store Digital Currency from, other users or third parties outside the Proptee Platform, by giving instructions through the Site (each such transaction is a "Digital Currency Transaction"). The Digital Token exchange service enables you to buy Digital Token on the Proptee Platform using: (A) Central bank issued currency (such as GBP or EUR) supported by Proptee; and/or (B) Other types of Digital Token in your Digital Currency Wallet. Conversely, when you sell on the Proptee Platform, Digital Currency you may elect to receive: (D) Central bank issued currency (such as GBP or EUR) supported by Proptee; and/or (E) Other types of Digital Currency in your Digital Currency Wallet. Proptee facilitates and enables the purchase and sale of Digital Currency between its customers on the Proptee Platform.
5.2 Fiat Currency Transactions. You may purchase supported Digital Currency by transferring funds via a valid payment method to your Digital Currency Wallet. You authorise us to debit funds using your selected payment method(s) to complete your purchase.
Although we will attempt to deliver Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before the status of your Digital Currency Transaction is shown as complete, and the Digital Currency is delivered to your Digital Currency Wallet. You may sell Digital Currency in exchange for fiat currency (such as GBP or EUR) supported by Proptee. In such circumstances, you authorise us to debit your Digital Currency Wallet and to send instructions to credit your selected payment method(s) in settlement of sell transactions. We will send these instructions as soon as reasonably possible. Any fiat currency should be credited to your selected payment method(s) by the end of the business day after we send such instructions.
5.3 Transaction Fulfilment. We will make reasonable efforts to fulfil all purchases of Digital Currency, but in some circumstances, we may be unable to. If this is the case, we will notify you and seek your approval to re-attempt the purchase at the current Exchange Rate (as defined below).
5.4 Availability of Payment Methods. The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third party payment processors.
5.5 Trading Fees. Each purchase or sale of Digital Currency is subject to a fee (a "Trading Fee"). The applicable Trading Fee will be displayed to you on the Site prior to each transaction and is stated in each receipt we issue to you. We may adjust our Trading Fees at any time. We will not process a transaction if the Trading Fee and any other associated fees would, together, exceed the value of your transaction. A full list of Proptee’s fees can be found on our Fees & Commissions page in the Help section.
5.6 Exchange Rates. Each purchase or sale of Digital Currency is also subject to the Exchange Rate for the given transaction. The "Exchange Rate" means the price of a given supported Digital Currency in fiat currency as quoted on the Site. The Exchange Rate is stated either as a "Buy Price" or as a "Sell Price", which is the price at which you may buy or sell Digital Currency, respectively.
You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a transaction. You can learn more about Proptee’s Exchange Rates on our ‘Fees & Commissions’ page on the Site. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Digital Currency on the open market at any particular price or time.
5.7 Authorisations; Reversals; Cancellations. By clicking the ‘Buy’ or ‘Sell’ button on the Site, you are authorising Proptee to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Trading Fees and Exchange Fees and any other fees. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorise us, in our sole discretion, either to cancel the transaction or to debit your other payment methods, including balances on your Digital Currency Wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. Proptee reserves the right to suspend access to Proptee Services (including Proptee app) until such insufficient payment is addressed.
5.8 Supported Digital Currencies. Our Digital Currency Services are available only in connection with those digital currencies that Proptee supports (“Supported Digital Currencies”), and this may change from time to time.
Under no circumstances should you attempt to use your Digital Currency Wallet to store, send, request, or receive digital currencies in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use your Digital Currency Wallet for digital currencies that we do not support. You acknowledge and agree that Proptee bears no responsibility and is not liable for any unsupported asset that is sent to a wallet associated with your Proptee Account.
If you have any questions about which Digital Currencies we currently support, please visit help.proptee.io.
5.9 Ending support of a Digital Currency. Proptee may in its sole discretion terminate support for any Digital Currency. Proptee will provide you no less than 10 days notice (unless a shorter period is required by applicable law or a regulatory authority) via email to the email address associated with your Proptee account to announce the end of such support. If you do not sell or send such Digital Currency off platform during this time, Proptee reserves the right to withdraw such Digital Currencies from your account and credit your Proptee account with the market value of a supported Digital Currency or a fiat currency (which denomination will be selected in our reasonable discretion).
5.10 EURS Wallets. Where available, you may also elect to buy EURO Coin from Proptee, a Digital Currency fully collateralized by the EURO, which is issued by STSS (Malta) Limited and its affiliates (“Stasis”) and supported by Proptee (“EURS”). You are the owner of the balance of your “EURS Wallet” (i.e. the Digital Currency Wallet provided to you by Proptee to hold EURS and through which Digital Currency Transactions in EURS can be carried out). Proptee is not the issuer of EURS, does not hold EURO (“EUR”) on reserve for EURS holders, and has no obligation to repurchase your EURS for EUR. You can redeem your EURS with Stasis, and Proptee may also elect to repurchase your EURS in exchange for EUR. You agree to be bound by the terms of the Stasis EURO Legal Agreement (located at https://stasis.net/legal/), which provides additional obligations, undertakings, and limitations with respect to EURS.
5.11 Supplemental Protocols Excluded. Unless specifically announced on the Site or via an official public statement of Proptee, Supported Digital Currencies excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Currency. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as protocol governance, and/or any smart contract functionality, which may supplement or interact with a Supported Digital Currency (collectively, “Supplemental Protocols”). Do not use your Proptee Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such Supplemental Protocols, as the Proptee Platform is not configured to detect, secure, or process these transactions and functionalities. Any attempted transactions in such items will result in loss of the item.
You acknowledge and agree that Supplemental Protocols are excluded from Supported Digital Currency and that Proptee has no liability for any losses related to Supplemental Protocols.
5.12 Operation of Digital Currency Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. Generally, the underlying protocols are ‘open source’ and anyone can use, copy, modify, and distribute them.
We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee the functionality or security of network operations. You acknowledge and accept the risk that underlying software protocols relating to any Digital Currency you store in your Digital Currency Wallet may change.
5.13 Digital Currency Storage & Transmission Delays. The Proptee Group securely stores Digital Currency private keys, in a combination of online and offline storage. Our security protocols may delay the initiation or crediting of a Digital Currency Transaction.
5.14 Third party Payments. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or receive from, or sell or transfer to, any third party (including other users of the Digital Currency Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, any third party using Digital Currency transferred using the Digital Currency Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party.
If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Proptee Support at: [email protected] so that we may consider what action to take, if any.
5.18 Digital Currency Title. All Digital Currencies held in your Digital Currency Wallet are assets held by the Proptee Group for your benefit on a custodial basis. Among other things, this means:
(A) Title to Digital Currency shall at all times remain with you and shall not transfer to any company in the Proptee Group. As the owner of Digital Currency in your Digital Currency Wallet, you shall bear all risk of loss of such Digital Currency. No company within the Proptee Group shall have any liability for fluctuations in the fiat currency value of Digital Currency held in your Digital Currency Wallet.
(B) None of the Digital Currencies in your Digital Currency Wallet are the property of, or shall or may be loaned to, Proptee; Proptee does not represent or treat assets in a user’s Digital Currency Wallets as belonging to Proptee. Proptee may not grant a security interest in the Digital Currency held in your Digital Currency Wallet. Except as required by a facially valid court order, or except as provided herein, Proptee will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Currency in your Digital Currency Wallet unless instructed by you or compelled by a court of competent jurisdiction to do so.
(C) You control the Digital Currencies held in your Digital Currency Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Currency by sending it to a different blockchain address controlled by you or a third party.
(D) In order to more securely hold customer Digital Currency, the Proptee Group may use shared blockchain addresses, controlled by a member of the Proptee Group, to hold Digital Currencies held on behalf of customers and/or held on behalf of Proptee. Customers’ Digital Currency is segregated from the Proptee Group’s (including Proptee’s) own Digital Currency or funds by way of separate ledger accounting entries for customer and Proptee Group accounts. Notwithstanding the foregoing, the Proptee Group shall not have any obligation to use different blockchain addresses to store Digital Currencies owned by you and Digital Currencies owned by other customers or by the Proptee Group.
Proptee is under no obligation to issue any replacement Digital Currency in the event that any Digital Currency, password or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible.
  1. 1.
    TRANSACTIONS LIMITS AND ENHANCED DUE DILIGENCE
6.1 Transactions Limits. The use of all Proptee Services is subject to a limit on the volume, stated in GBP, EUR or other fiat currency or Digital Currency, you may transact or transfer in a given period (e.g. daily). Please see Appendix 2 (Verification Procedures and Limits) for further details. To view your limits, login to your Proptee Account and visit https://help.proptee.io/legal/limits. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at https://twitter.com/PropteeSupport.
6.2 Enhanced Due Diligence. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Proptee staff if you wish to raise your limits ("Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance so that you can decide whether you wish to proceed with the request. In our discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
  1. 1.
    SUSPENSION, TERMINATION, AND CANCELLATION
7.1 Suspension, Termination and Cancellation. We may: (a) refuse to complete, or place on hold, block, cancel or reverse a transaction you have authorised (even after funds have been debited from your Proptee Account), (b) suspend, restrict, or terminate your access to any or all of the Proptee Services, and/or (c) deactivate or cancel your Proptee Account with immediate effect for any reason, including but not limited to where:
(A) we reasonably believe that we need to do so in order to protect our reputation; (B) we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction; (C) we reasonably suspect you of acting in breach of this Agreement; (D) we reasonably suspect you to have breached our ‘Behaviour Policy’ or our ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in Appendix 1); (E) we have concerns that a transaction is erroneous or about the security of your Proptee Account or we suspect that the Proptee Services are being used in a fraudulent or unauthorised manner; (F) we suspect money laundering, terrorist financing, fraud, or any other financial crime; (G) use of your Proptee Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your Proptee Account activity; and / or (H) you take any action that may circumvent our controls such as opening multiple Proptee Accounts or abusing promotions which we may offer from time to time. We may also refuse to complete or block, cancel or reverse a transaction you have authorised where there is insufficient insufficient Digital Currency in your Digital Currency Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction or if your credit or debit card or any other valid payment method linked to your Proptee Account or Digital Currency Wallet is declined.
7.2 If we refuse to complete a transaction and / or suspend, restrict or close your Proptee Account, and / or terminate your use of Proptee Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure of your Proptee Account. In the event that we refuse to complete a transaction and / or suspend your Proptee Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction.
We may suspend, restrict, or terminate your access to any or all of the Proptee Services and/or deactivate or cancel your Proptee Account, without reason by giving you two months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Proptee Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that Proptee is under no obligation to disclose the details of its risk management and security procedures to you.
7.3 Consequences of Termination or Suspension. On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which Proptee is subject in any jurisdiction, you are permitted to access your Proptee Account:
for ninety (90) days thereafter for the purposes of transferring Digital Currency out of your Digital Currency Wallet(s) and/or out of the Proptee Platform;
You are not permitted to use the Proptee Services or your Proptee Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the Proptee Platform or access to the Site for you accordingly.
If we suspend or close your Proptee Account or terminate your use of Proptee Services for any reason, we reserve the right to require you to re-complete the procedures outlined at Section 3.3 (Identity Verification) before permitting you to transfer or withdraw Digital Currency. You may cancel your Proptee Account at any time by withdrawing all balances in your Digital Currency Wallet(s) and navigating to the Settings/Close Account part of the Proptee App. You will not be charged for cancelling your Proptee Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation.
  1. 1.
    LIABILITY
8.1 Release of Proptee. If you have a dispute with one or more users of the Proptee Services (other than Proptee), you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.
8.2 Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement (including without limitation your breach of our ‘Behaviour Policy’ or our ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in Appendix 1)) or your violation of any law, rule or regulation, or the rights of any third party.
8.3 Limitations of Liability. Proptee’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by Proptee of this Agreement shall be limited to a maximum value of the Digital Currency and your Digital Currency Wallet at the time of the relevant breach by Proptee. Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute.
8.4 Limitation of loss. In addition to the liability cap at Section 8.3 (Limitations of Liability) above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:
(A) any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a Digital Currency Transaction properly, your damages are limited to no more than the value of the supported Digital Currency at issue in the transaction, and that you may not recover for any "loss" of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell the Digital Currency;
(B) any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same; any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data; and
(C) any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement (whether or not you are able to prove such loss or damage).
8.5 Applicable law. The limitation of liability in this Section 8 (Liability) is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Proptee Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors’ negligence.
8.6 No Warranties. The Proptee Services, the Proptee Platform and the Site are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the Proptee Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the Proptee Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
We make no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the Site. Any materials, information, view, opinion, projection or estimate presented via the Site is made available by Proptee for informational purposes only, and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness and reliability of the materials, information, view opinion, projection or estimate provided on the Site and/or the Site. Accordingly, no warranty whatsoever is given by Proptee and no liability whatsoever is accepted by Proptee for any loss arising whether directly or indirectly as a result of you acting on any materials, information, view, opinion, projection or estimate provided in or made available through the Site and/or the Site.
The Proptee Services, Proptee Platform and Site are not intended to provide specific investment, tax or legal advice or to make any recommendations about the suitability of any investments or products for any particular investor. You should seek your own independent financial, legal, regulatory, tax or other advice before making an investment in the investments or products. In the event that you choose not to seek advice from a relevant adviser, you should consider whether the investment or product is suitable for you.
We will make reasonable efforts to ensure that Digital Currency Transactions, requests for debits and credits involving Digital Currency Wallets, bank accounts, credit and debit cards are processed in a timely manner but Proptee makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and cheque issuances are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Proptee Services and Site.
8.7 No Liability for Breach. We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.
  1. 1.
    SITE AVAILABILITY AND ACCURACY
9.1 Access & Availability. Access to Proptee Services may become degraded or unavailable during times of significant volatility or volume. This could result in limitations on access to your Proptee Account or the Proptee Services, including the inability to initiate or complete transactions and may also lead to support response time delays.
(A) although we strive to provide you with excellent service, we do not guarantee that the Site or other Proptee Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open or that your Proptee Account will be accessible; and
(B) please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues. Under no circumstances shall Proptee be liable for any alleged damages arising from service interruptions, delays in processing transactions, or lack of timely response from Proptee customer support.
9.2 Website Accuracy. Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content (as defined below)) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.
Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third party materials accessible or linked to from the Site.
  1. 1.
    CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION
10.1 Contact Proptee. If you have any feedback, questions, or complaints, contact us via our ‘Help’ page in the Proptee Site or on Twitter at https://twitter.com/PropteeSupport.
When you contact us please provide us with your name, email address, and any other information that we may need to identify you, your Proptee Account, and the transaction on which you have feedback, questions, or complaints.
10.2 Complaints. If you have a dispute with Proptee, you agree to contact our support team in the first instance to attempt to resolve such dispute. If we cannot resolve the dispute through our support team, you and we agree to use the complaints process set out in this Section 10.2. You agree to use this process before commencing any action as set out in Section 10.4. If you do not follow the procedures set out in this Section 10.2 before pursuing action under Section 10.4, we shall have the right to ask the relevant court/authority to dismiss your action/application unless and until you complete the following steps:
In the event of a complaint which has not been resolved through your contact with Proptee Support, please use our complaint form to set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. The complaint form can be found on the Proptee support pages, help.Proptee.com or can be requested from Proptee Customer Support. We will acknowledge receipt of your complaint form after you submit it. A customer complaints officer (an "Officer") will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided, and any information provided by Proptee.
Within 15 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an email ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In certain circumstances, if the Officer is unable to respond to your complaint within 15 business days, the Officer will (unless prohibited by applicable law) send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint).
Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
10.3 If we have not been able to resolve your complaint via the complaint process set out in Section 10.2 above, you may escalate your complaint via the dispute processes set out in Sections 10.4(A) to 10.4(B) below as applicable to you.
10.4 Both you and we agree that we shall not commence any of the dispute processes set out at Sections 10.4(A) to 0.4(B) below in relation to the whole or part of your complaint until the complaint process set out in Section 10.2 has been completed, although nothing in Section 10.2 or in this Section 10.4 shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction:
For complaints or disputes arising out of or in connection with this Agreement or the provision of Proptee Services, the Proptee Platform or the Site, that cannot be resolved via the complaint process set out in Section 10.2 above, you submit to the non-exclusive jurisdiction of the courts of Lithuania without prejudice to any mandatory rights available to consumers (being individuals not engaged in conduct related to their trade, business or profession, “Consumers”) to commence proceedings against Proptee before the courts of the jurisdiction in which they are domiciled.
  1. 1.
    DATA PROTECTION
11.1 Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future provide) to us in relation to your employees and other associates, or other individuals (if you are not an individual), in connection with this Agreement, or the Proptee Services. We will process this personal data in accordance with the Privacy Policy, which shall form part of this Agreement. Accordingly, you represent and warrant that:
(A) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
(B) before providing any such personal data to us, you acknowledge that you have read and understood our Privacy Policy, a copy of which is available here: Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided the individual with a copy of, or directed the individual towards a webpage containing that Privacy Policy (as amended from time to time); and (C) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided to us.
  1. 1.
    SECURITY
12.1 Magic Link Security. In order to access Proptee Services, you will be required to create or will be given security details, including a username. You are responsible for keeping the electronic device through which you access Proptee Services safe and maintaining adequate security and control of any and all security details that you use to access the Proptee Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected.
Any loss or compromise of your electronic device or your security details may result in unauthorised access to your Proptee Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your Proptee Account and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others. You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your Proptee Account. Proptee will never under any circumstances ask you for your IDs, passwords or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your account unless specifically authorised in accordance with Sections 3.2 and 4.10. Always log into your Proptee Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Proptee and/or failure to follow the requirements set out in this Section 12.1, or follow or act on any notices or alerts that we may send to you.
12.2 Authentication and Verification. In order to access Proptee Services users are required to provide an email address. Users are responsible for keeping electronic devices through which Proptee Services are accessed safe and maintaining adequate security and control of any and all security details that are used to access the Proptee Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user’s Proptee Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your Proptee Account and the misuse of any associated accounts, including linked bank account(s) and credit/debit card(s).
12.3 Security Breach. If you suspect that your Proptee Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or Proptee (together a “Security Breach”), you must: (A) notify Proptee Support as soon as possible by email free of charge at: [email protected], or by calling us on: +44 7471 123874 (international charges may apply); (B) continue to provide accurate and up to date information throughout the duration of the Security Breach; and (C) you must take any steps that we reasonably require to reduce, manage or report any Security Breach.
Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.
12.4 Safety and Security of Your Computer and Devices. Proptee is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.
  1. 1.
    GENERAL
13.1 Your Compliance with Applicable Law. You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the Proptee Services, the Proptee Platform and the Site.
13.2 Limited Licence. We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of Proptee and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.
13.3 Prohibited and Conditional Use. In connection with your use of the Proptee Services, and your interactions with other users and third parties, you agree to comply with the ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in Appendix 1). Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any licence or right for the Digital Currency to be used for illegal, unlawful, fraudulent, unethical, or unauthorised purposes or to promote or facilitate any illegal, unlawful, fraudulent, unethical or unauthorised activities. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.
13.4 Export Controls & Sanctions. Your use of the Proptee Services and the Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Currency through the Site or Proptee Services, you agree that you will comply with those requirements. You are not permitted to acquire Digital Currency or use any of the Proptee Services through the Site if:
(A) 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, the European Union or HM Treasury's financial sanctions regimes (each a "Sanctioned Country"), or if you are a person on the economic sanctions lists as published from time to time by applicable authorities (including, but not limited to the Office of Financial Sanctions Implementation (part of HM Treasury), the U.S. Commerce Department's Denied Persons List, Unverified List, or Entity List, or the EU financial sanctions regime) (a "Sanctioned Person"); or
(B) you intend to supply any acquired or stored Digital Currency or Proptee Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
13.5 Relationship of the Parties. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or Proptee to be treated as partners or joint ventures, or either you or Proptee to be treated as the agent of the other.
13.6 Privacy of Others. If you receive information about another user through the Proptee Services, you must keep the information confidential and only use it in connection with the Proptee Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through the Proptee Services.
13.7 Contact Information. You are responsible for keeping your contact details (including your email address and telephone number) up to date in your Proptee Account profile in order to receive any notices or alerts that we may send to you (including notices or alerts of actual or suspected Security Breaches). Please see Appendix 3 for more detail in relation to how we will communicate with you.
13.8 Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Proptee Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. Your transaction history is available through your Proptee Account.
13.9 Unclaimed Property. If we hold Digital Currency on your behalf, and we are unable to contact you and have no record of your use of the Proptee Services for several years, applicable law may require us to report the Digital Currency as unclaimed property to the authorities in certain jurisdictions. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such Digital Currency to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
13.10 Death of Account Holder. For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your Proptee Account and during this time, no transactions may be completed until: (i) your designated executor / trustee has opened a new Proptee Account, as further described below, and the entirety of your Proptee Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorise us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, the executor / trustee you have designated in a valid Will or similar testamentary document will be required to open a new Proptee Account. If you have not designated an executor / trustee, then we reserve the right to (i) treat as your executor / trustee any person entitled to inherit your Proptee Account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a Will or similar document, or (ii) require an order designating an executor / trustee from a court having competent jurisdiction over your estate. In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the executor / trustee designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your Proptee Account. Pursuant to the above, the opening of a new Proptee Account by a designated executor / trustee is mandatory following the death of a Proptee Account owner, and you hereby agree that your executor / trustee will be required to open a new Proptee Account and provide the information required under Section 3 of this Agreement in order to gain access to the contents of your Proptee Account.
13.11 Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and Proptee as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Proptee.
13.12 Interpretation. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
13.13 Transfer and Assignment. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving Proptee, provided that this transfer or assignment does not materially impact the quality of the Proptee Services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
13.14 Security Interests. You must not create security over your Digital Currency unless you have sought our prior approval in writing.
13.15 Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.
13.16 Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.
13.17 Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
13.18 Change of Control. In the event that Proptee is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.
13.19 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, Proptee Account cancellation, debts owed to Proptee, general use of the Proptee Platform or Site, disputes with Proptee, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.
13.20 Governing Law. This Agreement and the relationship between us shall be governed by the laws of Lithuania, subject to any local mandatory law, or rights available to Consumers.
APPENDICES
Appendix 1 : PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USE
  1. 1.
    Prohibited Use. You may not use your Proptee Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Proptee Services or the Proptee Platform involves a Prohibited Use or have questions about how these requirements apply to you, please submit a support request at: [email protected]
By opening a Proptee Account, you represent and warrant that you will not use your Proptee Account, any Proptee Services and/or the Proptee Platform to do any of the following:
(A) Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation or sanctions programs administered in the countries where Proptee conducts business or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.
(B) Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorised access to the Site, other Proptee Accounts, computer systems or networks connected to the Site, through password mining or any other means; use Proptee Account information of another party to access or use the Site, except in the case of specific merchants and / or applications which are specifically authorised by a user to access such user's Proptee Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Proptee.
(C) Abuse Other Users: Interfere with another individual's or entity's access to or use of any Proptee Services; defame, abuse, extort, 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; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent.
(D) Fraud: Activity which operates to defraud Proptee, Proptee users, or any other person; provide any false, inaccurate, or misleading information to Proptee.
(E) Intellectual Property Infringement: 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, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder; use of Proptee intellectual property, name, or logo, including use of Proptee trade or service marks, without express consent from Proptee or in a manner that otherwise harms Proptee or the Proptee brand; any action that implies an untrue endorsement by or affiliation with Proptee.
  1. 1.
    Conditional Use. Express written consent and approval from Proptee must be obtained prior to using Proptee Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at: [email protected]
Proptee may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use Proptee Services in connection with any of the following businesses, activities, or practices:
(A) Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Token exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the Proptee Services;
(B) Charities: Acceptance of donations for non-profit enterprise;
(C) Religious/Spiritual Organisations: Operation of a for-profit religious or spiritual organisation.
Appendix 2: VERIFICATION PROCEDURES AND LIMITS
Proptee uses multi-level systems and procedures to collect and verify information about you in order to protect Proptee and the community from fraudulent users, and to keep appropriate records of Proptee's customers. Your access to one or more Proptee Services or the Proptee Platform, and limits imposed on your use of Proptee Services (including but not limited to daily or weekly trading limits, Proptee app deposit, withdrawal and trading limits, instant buy limits, Digital Currency Wallet transfer limits, and limits on transactions from a linked payment method), and any changes to such limits from time to time, may be based on the identifying information and/or proof of identity you provide to Proptee.
Proptee may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Proptee Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account's ‘Limits’ page on the Site.
You may submit a request at [email protected] to request larger limits. Proptee will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and Proptee does not guarantee that we will raise your limits.
Appendix 3 : COMMUNICATIONS
  1. 1.
    Electronic Delivery of Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Proptee Account and your use of Proptee Services. Communications include:
    (A) terms of use and policies you agree to (e.g. the Agreement and Privacy Policy), including updates to these agreements or policies;
    (B) account details, history, transaction receipts, confirmations, and any other account or transaction information;
    (C) legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
    (D) responses to claims or customer support inquiries filed in connection with your Proptee Account.
Unless otherwise specified in this Agreement, we will provide these Communications to you by posting them on the Site, emailing them to you at the primary email address listed in your Proptee Account, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification, and you agree that such Communications will constitute sufficient notice of the subject matter therein.
  1. 1.
    How to Withdraw Your Consent. You may withdraw your consent to receive Communications electronically by contacting us at: [email protected] If you fail to provide or if you withdraw your consent to receive Communications in the specified manner, Proptee reserves the right to immediately close your Proptee Account or charge you additional fees for paper copies of the Communications.
  2. 2.
    Updating your Information. It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if Proptee sends you an electronic Communication but you do not receive it because your primary email address you have provided is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Proptee will be deemed to have provided the Communication to you. You may update your information by logging into your Proptee Account and visiting settings or by contacting our support team at: [email protected]
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