Terms and Conditions

These Terms and Conditions is a legal contract governing access to our Platform and use of our Services. Please read these Terms and Conditions carefully. We urge you to download a copy of these Terms and Conditions and save it to your computer to have it available for review anytime. In case you choose not to do so, these Terms and Conditions are always available on the Website.

i. By using our website (“Site”), registering for a Walahala Account (“Account”) or using any other Service provided by Walahala Europe O.U., you (“you, your, or yourself”) are agreeing to accept and comply with the terms and conditions of use stated below (“Terms and conditions”). You should read the entire Terms of Use carefully before using this Site or any of the Walahala Services.

ii. By accessing our Platform and benefiting from our Services, you agree to be legally bound by the latest version of these Terms and Conditions, our Privacy Notice and any other documents to the Agreement, if any. In case any provision of these Terms and Conditions or our Privacy Notice or any other document to the Agreement, if any, is not acceptable to you, please do not access our Platform or use our Services.

iii. To order and use our Products on this Site, you must be at least eighteen (18) years old and have the legal capacity to contract.

iv. As used in the present Terms and conditions, “Walahala” or “Company” hereafter refers to Walahala O.U., a payment institution authorised and regulated by the Estonian financial regulator, Walahala.O.U., a Payment Institution, registered with the Estonia (E.U) Register under the number 14648236, Holding Activity license FVR000670 Financial services providing services of exchange virtual currency against Fiat currency and Activity License FRK000577 Financial services providing virtual currency wallet service with its registered address at Harju Maakond, Tallinn, Lasnamäe linnaosa, Peterburi tee 47, 11415 Estonia, Europe.

v. The following services are provided by Walahala:

a) Funding of accounts in a selected number of fiat currencies and withdrawal in such currencies;

b) Trading a selected number of fiat currencies for other such fiat currencies;

c) Trading a selected number of fiat currencies for Virtual Assets and vice-versa;

d) Funding, transferring and withdrawal of virtual currencies where no fiat currency flow is taking place.

e) Providing service of hardware wallet to hold your crypto in the system.

f) Providing service of sending and receiving crypto coin with their unique addresses.

The services referred to under a) through c) above are subject to regulatory oversight by the Estonian Financial Intelligence Unit (FIU) in accordance with the Law of June 20th. 2018 on payment services, as amended. The services referred to under d) above are not.The service referred to under e) provides to Users the service of a crypto currency wallet (Wallet Service) pertaining to the User’s Wallet. The Wallet Service entails enabling Users to interface with certain crypto currency networks listed in the Apps and on the Website, to view and transmit information about public cryptographic keys. Change has a right to unilaterally decide and change the crypto currencies which can be stored in the Wallet using the Wallet Service or converted using the Conversion Service. Upon using the Wallet Service each user is obliged to fully adhere to the terms and conditions of the Custodian, in addition to adhering to these Terms. Change is not a custodian of any crypto currency and/or tokens (including the Tokens) transferred to or held in the Wallet. All crypto currencies and tokens (including the Tokens) are held by the Custodian. Change reserves the right to change the Custodian at any time, without prior notification or justification thereto. To the maximum extent permissible under applicable legal acts, Change assumes no liability for any possible damages caused by the Custodian. Change does not own or control the underlying software protocols which govern the operation of crypto currencies held in the Wallet. Such protocols are subject to changes in protocol rules, which are outside the control of Change and may materially affect the value, function, or name of the relevant crypto currency.

Each user acknowledges and agrees that:

i. Change is not responsible for operation of the underlying crypto currency protocols and that Change makes no guarantee of their functionality, security, or availability; and

ii. If a change in the software protocol related to the crypto currency occurs, Change may suspend the Wallet Service and Change may decide to either configure the Wallet Service to enable the User to transfer the affected crypto currency, stop providing Wallet Service for the crypto currency being affected or not to enable the new crypto currency being formed (fork). In addition to crypto currencies and for the sole purpose of enabling Conversion Service, the Wallet also supports Euro Balance.

iii. The Estonian Financial Intelligence Unit (FIU) regulatory competence, and indeed Walahala payment institution license, is limited to the payment services provided in fiat currency and does not extend to the virtual currency transactions per se in which no fiat currency is involved. Such services are not subject to regulatory oversight by the Estonian Financial Intelligence Unit (FIU).

Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow the rules and regulations applicable in your country of residence and/or country from which you access the Site and the platform. As long as you agree to and comply with the present Terms of Use, Walahala grants you a personal, non-exclusive, non-transferable, non-sub licensable and limited right to enter and use the Site and the platform.

Intellectual Property Rights

Walahala Hardware Wallet, Walahala Exchange Platform, Walahala Particle, Walahala Sub-Particle and Walahala Coin is the sole owner of all intellectual property rights related to the Products and the Site. Any content presently displayed or made available by Walahala in the future, such as text, logos, images, music, digital downloads, and data compilations, is the property of Walahala, its affiliates or its suppliers and is protected by international intellectual property law. Walahala's names and logos are trademarks of Walahala. Walahala's trademarks and logos may not be used for products or services that are not respectively manufactured or offered by Walahala, or in any way that could cause confusion in the public, or in any way that disparages or discredits Ledger.
Accordingly, you agree not to reproduce, represent, extract and use in any way any or all of Walahala's trademarks, logos, Website or Products.

Risks

i. The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency – virtual or not – may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling, or trading anything on a market.

ii. Virtual-Asset and Digital-Asset trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Virtual Assets are a unique type of “fiat” currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of Virtual Assets in a crisis.

iii. Instead, Virtual Assets are an as-yet autonomous and largely unregulated global system of currency firms and individuals. Traders put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.

iv. The trading of Virtual Assets is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence in Virtual Assets might collapse because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.

v. There may be additional risks that we have not foreseen or identified in our Terms of Use.

vi. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Virtual Assets or Digital Assets.

vii. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Virtual Assets or Digital Assets.

viii. We use our banking providers in order to receive funds from Members and make payments to Members. Our banking providers DO NOT transfer, exchange, or provide any services in connection with Virtual Assets or Digital Assets.

Limited Right of Use

i. Unless otherwise specified, all Materials on this Site are the property of Walahala and are protected by copyright, trademark and other applicable laws. You may view, print and/or download a copy of the Materials from this Site on any single computer solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices.

ii. The trademarks, service marks and logos of Walahala and others used in this Site (“Trademarks”) are the property of Walahala and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site belong to Walahala. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site or networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Managing Your Account: Rules

i. This Site is for your personal use only. We are vigilant in maintaining the security of our Site and the Service. By registering with us, you agree to provide Walahala with current, accurate and complete information about yourself, as prompted by the registration process, and to keep such information updated. You further agree that you will not use any Account other than your own or access the Account of any other Member at any time or assist others in obtaining unauthorized access.

ii. The creation or use of Accounts without obtaining prior express permission from Walahala will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and Walahala may elect to take further action against you.

iii. You are also responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own Virtual Assets and Digital Assets, and all activity including Transactions that are posted to your Account. Any actions on the Site, transactions, orders and operations initiated from your Account or using your password (1) will be considered to have been made by you, and (2) is irrevocable once validated using your password or made through your Account. If there is suspicious activity related to your Account, we may, but are not obligated to, request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests or accept termination of your Account. You are required to notify Walahala immediately of any unauthorized use of your Account or password, or any other breach of security, by email to [email protected] Any Member who violates these rules may be terminated and will not be able to use the exchange functionality anymore.

iv. You will not take, directly or indirectly, any action designed, or that might reasonably be expected, to cause or result in destabilization or manipulation of the price of Virtual Assets, which are available on the Walahala platform.

v. Walahala reserves the right to suspend, delay or cancel an instruction or series of instructions issued by a user or colluding users which if executed would result in a price swing of 5% or more of the value of a crypto-currency available on the Walahala Platform.

vi. You acknowledge that you will only credit your Walahala account from a bank account that is in your own name and that you will instruct payments from your Walahala account only to a bank account that is in your own name. We reserve the right to cancel transfers which are made by or sent to third parties.

Wash Trading

i. Walahala do not allow you to cross trade, either alone or in collusion with others or to place an order, which would result in a self-execution—i.e., where the same trader or group of traders would act as both the maker and taker for the trade.

ii. If two orders of opposing sides would result in a crossed trade, both orders are subject to specific measures, ranging from scrutiny, cancellation, suspension or prohibition to trade on our platform. If two orders of the same quantity would result in self-execution, both orders are subject to specific measures, ranging from scrutiny, cancellation, suspension or prohibition to trade on our platform.

Market Manipulation

i. You are prohibited from engaging or attempting to engage in Market Manipulation. This prohibition applies to any kind of activity that results in or has the purpose of:

a) Artificially controlling or manipulating the price or trading volume of any of the virtual currencies listed on our platform;

b) Manipulating of a benchmark including but not limited to the transmission of false or misleading inputs, or any other action that manipulates the calculation of a benchmark. ii. Market manipulation will trigger specific measures, ranging from scrutiny, cancellation of orders, suspension or prohibition to trade on our platform, disclosure to third parties including full disclosure to competent authorities. Lastly, you agree that you will not use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, malicious hacking or any criminal or illegal activity.

iii. The minimum trade size is defined by our Fee structure which varies by the different pairs of crypto

Commissions

Walahala Commissions are available in our Fee Structure only available where it applies. Walahala reserves the right to change its Commissions at any time and at its sole discretion. You will be notified of any changes in advance through your Account or Email. Upon such notification, it is your responsibility to review the amended Fee Schedule. Your continued use of the Site following the posting of a notice of Commission changes signifies that you accept and agree to the changes.

Verification of Accounts

i. The creation and use of your Account is subject to verifications, as required by statutory and regulatory obligations incumbent on Walahala. You agree to provide us with the information we request for the purposes of identity verification, compliance with know-your-customer rules, as well as detection of money laundering, terrorism financing, fraud or any other financial crime. The requested information may include Personal Data by providing us with the information we request, you confirm that it is true and accurate, and agree to inform us in case of change concerning such information. Your Account will be blocked until we will satisfied with the information you have provided and determine in our sole discretion that it is sufficient to validate your Account. In the meantime, you will not be allowed to terminate your Account or request the deletion of the Personal Data processed in the course of verification operations

ii. You are only allowed to use the exchange maximum of 5 times in case your KYC and verifications and not complete. Once we are satisfied and the verification process complete you are able to use Walahala exchange platform including Pro and basic room.

Termination and Escrow of Unverified Accounts

You may terminate this agreement with Walahala, and close your account at any time. Following settlement of any pending transactions.

i. You also agree that Walahala may, by giving notice, in its sole discretion terminate your access to the Site and to your Account, including without limitation, its right to: limit, suspend or terminate the service and Members' Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Members off the Site if we suspect that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Members for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another Member's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) a failure to pay or a fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies.

ii. We expressly reserve the right to cancel and/or terminate Accounts that have not been verified by the Member despite efforts made in good faith by Walahala to contact you to obtain such verification (“Unverified Accounts”). All Unverified Accounts which have been inactive for a period of 6 months or more are further subject to transfer to a third-party escrow (the “Unverified Escrow”), and will no longer be maintained or under the legal responsibility of Walahala. The administrator/trustee of the Unverified Escrow shall make any and all additional reasonable efforts required by law to determine and contact each Unverified Account owner and, after suitable effort and time has been expended, we may be required to convert the residual Virtual Assets or other Digital Assets into fiat and send it to a national authority responsible for the safekeeping of such funds.

iii. The suspension or escrow of an Account shall not affect the payment of commissions due for past Transactions. Upon termination, Members shall send details of a valid bank account to allow for the transfer of any currencies credited to their account. This bank account must be held by the Member. Virtual Assets or other Digital Assets may be transferred to a valid bank account only after conversion into a fiat currency. Walahala shall transfer the currencies as soon as possible following the Member's request and within the time frames specified by Walahala.

iv. Walahala will send you the credit balance of your Account; however, in certain circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. We will make all reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment; however, where they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance, and that you agree to be responsible for such charges.

v. Walahala reserves the right to not convert Virtual Assets or other Digital Assets into fiat and to return them to a Wallet that belongs to the Customer.

Our Services

i. All services are provided without warranty of any kind, either express or implied, and in particular without implied warranties of merchantability and fitness for a particular purpose. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide you with the Service as soon as possible, but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or a loss of transmitted information.

ii. We will use reasonable endeavors to ensure that the Site can be accessed by you in accordance with these Terms of Use. However, we may suspend use of the Site for maintenance and will make reasonable efforts to give you notice of this. You acknowledge that this may not be possible in an emergency, and accept the risks associated with the fact that you may not always be able to use the Site or carry out urgent transactions using your Account.

APIs and Widgets

We may provide access to certain parties to access specific data and information through our API (Application Programming Interface) or widgets. We also may provide widgets for your use to enter our data on your Site. You are free to use these in their original unmodified and un-altered state.

External Websites

i. Walahala makes no representations whatsoever about any external or third-party website you may access through the Site. Occasionally, the Site may provide references or links to other websites (“External Websites”). We do not control these External Websites or third-party sites or any of the content contained therein. You agree that we are in no way responsible or liable for the External Websites referenced or linked from the Site, including, but not limited to, website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content.

ii. External Websites have separate and independent terms of use and related policies. We request that you review the policies, rules, terms and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, Trojan horses and other items of a destructive nature.

Financial Advice and Assistance

For the avoidance of doubt, we do not provide any investment advice in connection with the Services described in these Terms of Use. We may provide information on the price, range and volatility of Virtual Assets and other Digital Assets that are available on our platform and events that have affected the price of such Virtual Assets and Digital Assets, but this must not be considered investment advice nor should it be construed as such. Any decision to purchase or sell Virtual Assets and other Digital Assets is solely your decision and we shall not be liable for any loss suffered.

Walahala’s Approach to Digital Forks in Virtual Assets

i. Walahala has no control over the software protocols which govern or constitute the framework of virtual currencies. Therefore, the Company assumes no responsibility for the update or any modification of the underlying protocols and Walahala is not able to guarantee their functionality, security or availability.

ii. By accepting the present Terms of Use, you acknowledge and accept the risk that underlying software protocols relating to any of the virtual currencies available on the platform are likely to be subject to sudden changes in operating rules (hereafter “fork”), and such forks may materially affect the value, function and/or the name of the virtual currencies that are exchanged or acquired on the platform.

iii. Where possible, Walahala may provide you with notices or alerts on forks and you agree that you will read such notices in order to make a decision in that respect. However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that Walahala may need to temporarily suspend operations in relation to that fork without providing advance notice to you. The Company may, in the Company’s reasonable discretion, decline to support either or both branches of a fork.

iv. By agreeing to the present Terms of Use, you acknowledge the risks presented by forks and you accept that Walahala has no responsibility to assist you to move or sell Virtual Assets of an unsupported branch of a forked protocol.

Email Communications

i. Unencrypted email messages sent over the Internet are not secure and Walahala is not responsible for any damages incurred by the result of sending email messages in this way. We suggest sending email in encrypted formats; you are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request.

ii. If you send unencrypted or unsecured email or other types of communications to us, we may respond using the same channels and you hereby accept the risks associated therewith.

Data Protection

Privacy is very important to us. We recommend that you read the Privacy Policy carefully, so that you know the data that we collect, how we use the data and who we share your data with.

Disclosures to Authorities and Financial Institutions

We may share your Personal Data with law enforcement, data protection authorities, government officials, and other authorities when:

• Required by law;

• Compelled by subpoena, court order, or other legal procedure;

• We believe that disclosure is necessary to prevent damage or financial loss;

• Disclosure is necessary to report suspected illegal activity; or

• Disclosure is necessary to investigate violations of our Terms of Use or Privacy Policy.

We may also share information concerning US citizens who are Walahala customers with other financial institutions, as authorized under Section 314(b) of the US Patriot Act, and with tax authorities, including the US Internal Revenue Service, pursuant to the Foreign Account Tax Compliance Act (“FATCA”), to the extent that this statute may be determined to apply to. For further information on how we process your Personal Data, please refer to the Privacy Policy.

International Transfers of Personal Data

We store and process your Personal Data in data centers around the world, wherever Walahala facilities or service providers are located. As such, we may transfer your Personal Data outside of the European Economic Area (“EEA”). Such transfers are undertaken in accordance with our legal and regulatory obligations. Please refer to our Privacy Policy for further details.

Jurisdiction

The Terms of Use shall be governed and construed in accordance with the law of Estonia. The parties hereto agree to irrevocably submit to the exclusive jurisdiction of the legal court of Estonia.

Limitation of liability

To the extent permitted by law, Walahala will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered arose from gross negligence or willful deceit or fraud. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its gross negligence, breach of terms implied by operation of law or any other liability which may not be limited or excluded by law. Although Walahala endeavors to provide accurate and timely information on the Site, the Site may not always be entirely accurate, complete or current and may include errors. We may change or update the Site at any time without notice, and you should accordingly verify with independent sources all information before relying on it to take decisions or actions. You remain entirely responsible for your decisions and actions.

Indemnity

To the full extent permitted by applicable law, you hereby agree to indemnify Walahala and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if direct or not directly arising from your use of Walahala's Sites, your use of the Service or from your violation of these Terms of Use.

Taxes

It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through Walahala services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your account.

Miscellaneous

If we are unable to perform the Services outlined in the Terms of Use due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy, we shall not be liable for the Services provided under this agreement during the time period coincident with the event.

Modification of Terms

Walahala reserves the right to change, add or remove parts of these Terms at any time and at its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.

Definitions

i. Account. The contractual arrangement wherein a Walahala Member has accepted our Terms of Use, Fee Schedule, and Privacy Policy, and received approval to use the Walahala Services, including the purchase and sale of Virtual Assets and other Digital Assets, and to perform associated Transactions. Bitcoin. The peer-to-peer internet currency further described at https://bitcoin.org. Buyer(s). Member(s) that submit an offer to buy Virtual Assets or other Digital Assets through the Service. Commission(s). Refers to the fee which is payable to Walahala on each Transaction, such as a Purchase Transaction and further defined in our Fee Schedule depending on conditions. Digital Asset. Digitalized right to use in a binary format. External Websites. Websites not owned or owned by Walahala. Member(s). Refers to Buyers and Sellers as well as any registered holders of an Account. Personal Data. Information that identifies an individual, such as name, address, e-mail address, trading information, and banking details. “Personal Data” does not include anonymized and/or aggregated data that does not identify a specific user. Price. The “price per coin” for which Members are willing to buy or sell Virtual Assets or other Digital Assets. The Price may be expressed in any of the currencies deposited by Members in their Account and supported by the Service. See our Site for a full list of currencies. Seller(s). Member(s) that submit an offer to sell Virtual Assets or other Digital Assets through the Service. Service(s). The technological platform, functional rules and market managed by Walahala to permit Sellers and Buyers to purchase and sell Virtual Assets. Site. Walahala exchange platform as made available on websites www.walahala.com and www.walahala.io

ii. Transaction. Includes the following:

• The agreement between the Buyer and the Seller to exchange currencies, Virtual Assets, or Other Digital Assets through the Service for currencies at a commonly agreed rate (“Purchase Transaction”); • The conversion of currencies into Virtual Assets deposited by Members on their Account (“Conversion Transaction”); • The transfer of Virtual Assets among Members (“Transfer Transaction”); • The transfer of currencies among Members (“Currency Transfer Transaction”); and • The purchase of ancillary products (“Purchase Transactions”).

iii. Walahala may not offer all these transaction types at this time or in all locations.

iv. Transaction Price. The total price paid by the Buyer for each Transaction performed through the Service.

v. Virtual Assets. Digital representation of value that can be digitally traded, or transferred, and can be used for payment or investment purposes. Virtual Assets such as cryptocurrencies are a form of Virtual Asset designed to work as a medium of exchange that uses strong cryptography to secure financial transactions, control the creation of additional units, and verify the transfer of assets. Virtual Assets use decentralized control as opposed to centralized digital currencies and central banking systems.

Disclaimer

i. Crypto assets are volatile. You should be fully aware of the level of risk involved before trading. Any loss of data, crypto assets or profit is your sole responsibility.

ii. Please note that you are solely responsible for the way you use, store, and back up your information and data relating to your crypto assets (Bitcoins, Ethereum, etc.) in connection with the Products.

iii. You are solely responsible for maintaining the confidentiality of your usernames, recovery phrase, PIN code and Password, and in general of any means to secure your personal and private access to your accounts using the Products, as well as restrictions on access to your computer and other equipment, and to the extent permitted by applicable law, you agree to be responsible for all activities that have been conducted from your account or with your PIN code. password or recovery phrase. You must take all necessary steps to ensure that your password, PIN code and recovery phrase remain confidential and secured.

iv. You shall ensure that your use of Walahala hardware and software products is compliant with the laws and regulations of your country of residence.

Availability

i. Walahala shall endeavor, as far as possible, to keep the Site accessible 7 days a week and 24 hours a day. However, access to the Site may be temporarily suspended due to technical maintenance, migration or updates, or due to breakdowns or constraints in relation with the operation of the Internet.

ii. The networks on which the data flows have different characteristics and capacities and can be saturated at certain times of the day, which can affect their downloading times and their accessibility. Ledger will not be held liable for any malfunction or inability to access the Site attributable to third parties, to a network congestion, to unsuitable equipment of the Client, to a maintenance or update of the Site or to any other circumstances not attributable to Walahala.

Crypto assets protocols and Forks

i. Please note that Walahala does not have any control over the underlying software protocol of the crypto assets you are securing thanks to your Walahala Hardware Wallet does not make any representation or guarantee and will to bear any liability regarding the quality, availability, or fitness for purpose of these crypto assets or its continued support of the same.

ii. From time to time, the underlying protocol of a given crypto asset changes, which may have consequences on its key characteristic including but not limited to its name, its valuation or the way it operates. These events are called “Forks”.

iii. There is an element of uncertainty attached to Forks, including but not limited to a risk that transactions initiated on a forking crypto asset may be misdirected or replicated. For this reason, Walahala may decide, in certain circumstances, to suspend its support of such crypto asset ahead of the Fork and for as long as Walahala deems necessary. When it does, Walahala will endeavor to give you advance notice, but may not be able to. In any case, you shall make yourself aware of the risk attached to Forks and it is your responsibility to keep yourself appraised of such events and to make all necessary arrangements.

Ownership

i. Walahala Hardware Wallet is a hardware Crypto wallet, a smart card running in conjunction with a software application, which allows the customer to protect, store and transact with his own crypto coins. Walahala, the company providing this solution, will not know or own, at any time and in any format, the Bitcoin and other related coins private data of its customers. The customer is the only one to be responsible for their coins private data and backups; it is up to the owner of the Walahala Hardware Wallet to keep these sensitive information’s secret and safe. Payments Accepted in Your Currency.

ii. All payments collected in relation to International Orders will be processed on our site integrated payment system. To learn more about the providers of payment processing, please click at checkout, you may select your preferred currency and payment method from those listed as available currencies and payment methods. Flow will present the purchase price to you in your preferred currency. Please note that prices in different countries and currencies may vary. When you complete and confirm payment, you are indicating that you agree and accept the presented price as the purchase price.

iii. For your protection, Walahala utilizes various fraud prevention protocols and industry standard verification systems to reduce fraud. As a condition of placing your International Order, you must comply with such protocols and business risk policies, including but not limited to card authentication and “ship to” and “bill to” address verification. Once an order is placed, you may not change payment information or any “ship to”/“bill to” address. If a request for an International Order is declined by Walahala but payment is processed due to an error in the payment system, that transaction shall be void.

iv. In the event that any items in your International Order are shipped separately or at different times, or in the event that your International Order is partially filled, you will only be charged for the goods actually shipped to you.

v. In the event that any items in your International Order are shipped separately or at different times, or in the event that your International Order is partially filled, you will only be charged for the goods actually shipped to you.

vi. You agree that Walahala shall not be liable for any issues regarding financial and monetary transactions between you and any other party.

No Warranty; Usage Information; Limitation of Liability

i. Walahala provides the payment checkout, Walahala website, and Walahala technology including the payment system (“walahala Technology”) on an “as is” and “as available” basis. Walahala makes no representations or warranties of any kind, express or implied, as to the goods purchased, the operation of the Walahala Technology, or the information or content displayed on or accessible via the system, including Walahala does not represent or warrant that the functions contained in the Walahala Technology will be uninterrupted or error-free, that the defects will be corrected, or that the Walahala Technology or the servers that makes the Walahala Technology available are free of viruses or other harmful components. You expressly agree that your use of the Walahala Technology is solely at your own risk. Walahala does not warrant the accuracy, reliability, or completeness of any product images, descriptions or specifications provided at Walahala’s website. You are making your purchases directly from Walahala. Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the disclaimers, exclusions or limitations contained in these International Order Terms and Conditions of Service may not apply to you, and you may have additional rights than those contained herein.

ii. None of Walahala or any of its officers, directors, employees, affiliates, suppliers, vendors or consultants will be liable for any direct, special, incidental, indirect or consequential damages, including without limitation for any lost profits or lost data, that result from the use of, or the inability to use, the Walahala Technology or the performance of the products purchased through the Walahala Technology, even if Walahala has been advised of the possibility of such damages. If Walahala is found to be liable to you for any damage or loss which is in any way connected with your use of the Flow Technology or any merchandise, Flow’s liability shall not exceed EUR100.00. Some countries do not allow the above-mentioned exclusion of liability and such provisions shall be modified to the minimum extent necessary to comply with applicable law or public policy of such country. Nothing herein shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.

iii. By agreeing to these Terms of Service, you certify that any goods purchased in an International Order will not be purchased or transferred in violation of any applicable laws. By purchasing such products you are represent that delivery of the International Order does not violate any laws or regulations in the country of delivery, and you acknowledge and agree that it is your responsibility to know the laws in the country into which you are importing such products, and agree that you shall not order any products for shipment into any country where importing such product is not permitted.

Electronic Communications

When you place an International Order, you are communicating with Walahala electronically, and acknowledge and agree to enter into your purchase agreement by electronic means, and to receive communications from Walahala electronically via email. You further agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.

Copyright

The entire content included in the walahala Technology, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and International copyright laws, and is the property of Walahala. The collective work includes works that are licensed to Walahala. Any use other than the purchase of merchandise through the Walahala Website, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited.

Complaints

For any complaints or product anomalies, please contact the Customer Service through the contact form. Or mail at [email protected]

Trademarks

All trademarks, service marks and trade names of Walahala used in the site (including but not limited to the Walahala name and the Walahala globe design are trademarks or registered trademarks of Walahala.OU.

Modifications

You acknowledge and agree that Walahala reserve the right to make changes to its systems, policies, and these International Order Terms and Conditions at any time. If any or any portion of these International Order Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term or portion of terms shall be deemed severable, and shall not affect the validity and enforceability of the remainder.

Customer Service

Many questions regarding our products are available in our Knowledge Base help and FAQ. If you have a question that hasn’t been given an answer in these resources, please reach our Customer Service through the contact form or mail us at [email protected]

Contact Us

If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account or any other matter, please contact [email protected]