EUR IBAN Bank Account Terms and Conditions
Last Updated: 17 October 2023 Version Number: V3.0
By entering these Terms, you agree to the terms of use of Clear Junction Ltd, CleverDo's Euro-based SEPA processing partner, found here:
https://terms.clearjunction.com/terms_and_conditions_a394my795sbm2g8l09fy.html.
Introduction
You undertake not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking. You are responsible for any and all damages caused and all liability actions brought against CleverDo for infringement of any third-party rights or violation of any applicable laws.
If you use the Services You must:
(I) Establish the Wallet in accordance with the instructions given in these Terms, on our website and/or our Android and iOS mobile apps;
(II) Not be in violation of any of the provisions of these Terms or applicable laws and regulations;
(III) Not be a resident of any of the High Risk or Restricted Countries where cryptocurrency is banned and as stated in Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and according to the list of the Financial Action Task Force (FATF);
(IV) Have a computer or a mobile device with Internet or data services;
(V) Apply for Services and provide all requested information. You must not provide any false, inaccurate, incomplete, or misleading information. You must notify CleverDo immediately upon any change of the information provided for the Wallet registration by sending us an email at help@cleverdo.app or by using the mobile app’s interface. The usage of your information is subject to the Privacy Policy which provides details of the information that CleverDo collects, how such information is used, and who CleverDo shares it with.
Data Privacy and Personal Data Protection Policy
- The Personal Data that CleverDo collects and processes are governed by the Freedom of Information and Protection of Privacy Act (British Columbia), as amended or replaced from time to time. When You use the Service and/or Software and/or Application, personal information is automatically collected from You through the use of audit logs or cookies. This information is collected, used, stored, and disclosed according to CleverDo’s Privacy Policy.
- Where applicable, You agree and consent to CleverDo, its subsidiaries, and any of its affiliate companies collecting, using, processing, storing, and disclosing Personal Data on Your behalf as necessary to provide You with the Services, in accordance with CleverDo’s Privacy Policy, applicable data protection and privacy laws.
- If the Personal Data that CleverDo collects and processes are from any customer resident (or normally resident) in Europe or the United Kingdom, CleverDo actions occur under the prevailing EU data protection and privacy regulations (GDPR), and CleverDo is considered to be a “data processor”. You agree to ensure that Your use of the Service is compliant with prevailing EU data protection regulations.
CleverDo Software
- Use of the Software is governed by these Terms. CleverDo delivers the Software via download and CleverDo will not provide you with any tangible copy of the Software. Subject to your compliance with the Terms, CleverDo, its affiliates, and its licensor, where applicable hereby, grant You a non-assignable, non-transferable, non-sublicensable, revocable, and non-exclusive, personal, limited license to use the Service, subject to the Terms herein. You own or control solely for your personal or internal business purposes. All rights not expressly granted to You are reserved by CleverDo and its licensors.
- Because the Software is locally installed, you are responsible for the security of the device on which it is installed, including ensuring that you keep the anti-virus software current and otherwise protect the device on which the Software is installed against malware.
- CleverDo is not responsible for any loss or damages, including loss of funds or lockout from accounts accessed via the Software resulting from your failure to keep the device on which the Software is installed safe and free of any malware. CleverDo cannot recover passwords or unlock account information stored on the Software in any circumstances, including if the Software is compromised by malware on your computer or mobile device and it is your sole responsibility to take all reasonable precautions to secure and back up your copy of the Software and the information stored on it.
Updates
- The Software and Services are evolving, and You may be required to accept or install updates to the Software or Services or update third-party software (i.e., browsers or operating systems) in order to keep using the Software or Services or access their latest features, including security updates.
- We may update the Software and Services at any time without providing notice.
Certain Restrictions
By accessing the Services, You agree not to:
(I) License, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or CleverDo Content, or any portion thereof, including on a service bureau or equivalent basis;
(II) Frame or enclose any trademark, logo or other CleverDo Content (including images, text, page layout or form);
(III) Use any metatags or other "hidden text" using the CleverDo name or trademarks;
(IV) Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services or Software ( except to the extent this restriction is expressly prohibited by applicable law);
(V) Use any manual or automated software, device or other processes (including spiders or other data mining tools) to "scrape" or download data from any web pages in the Site of such content;
(VI) Access the Site, Services, or Software;
(VII) Copy, reproduce, distribute, republish, download, display, post or transmit any CleverDo Content except as expressly permitted herein;
(VIII) remove or destroy any copyright notices or other proprietary markings contained on or in the Services or CleverDo Content.
CleverDo, its suppliers, and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Services terminates the licenses granted by CleverDo herein.
Third-Party Services
The Services may incorporate or may provide access to, applications or materials that are hosted by another party (collectively “Third Party Services”).
- You agree that it is impossible for CleverDo to monitor Third Party Services and that you access them at your own risk.
- Do not share any credential, private key, or other sensitive information with any third party without validating their legitimacy.
- To the extent Third Party Services incorporated into or linked to the Services (i.e. communications functionality) have terms that differ from these Terms, you may be required to agree to those terms in order to access the Third Party Service.
- CleverDo does not control the terms, policies, or performance of any third party and is not responsible for any performance or failure to perform by any Third Party Services, including with respect to exchange rates, processing of transactions, and similar activities
Your Rights and Responsibilities
- You have the right to use the Services, as long as you agree to and comply with these Terms.
- You undertake to monitor all and any changes on Your Wallet and immediately inform CleverDo about any unusual, suspicious, unclear, or abnormal changes on your Wallet or/and any unauthorized use of your Account or password, or any other breach of security. Otherwise, You will be responsible for any loss or damage You, CleverDo, and/or third parties may incur as a result.
Intellectual Property Ownership
The Service is owned and operated by CleverDo and contains materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, names, logos, and trademarks) which are derived in whole or in part from materials supplied by CleverDo and its partners, as well as other sources, and are protected by British Columbia and federal Canadian copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws. The Service is also protected as a collective work or compilation under British Columbia and federal Canadian copyright and other laws and treaties.
You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by CleverDo and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitute the valuable intellectual property of CleverDo and such others.
These Terms do not constitute a sale agreement and do not convey to You any rights of ownership in or related to the Service, or any intellectual property rights owned by CleverDo and/or its licensors.
CleverDo’s name, CleverDo’s logo, the Service, and the third-party merchants or transportation providers’ logos and the product names associated with the Service are trademarks of CleverDo and/or its affiliates or Third Parties, and no right or license is granted to use them.
For the avoidance of doubt, the term Services herein shall include its respective components, processes, and design in its entirety.
User Content
You are responsible for all data and information provided or uploaded by You to the Services (‘User Content”), whether publicly posted (i.e. in a user forum, if applicable) or privately transmitted (ie. to us in connection with support requested).
You are solely responsible for the accuracy and completeness of User Content You submit, represent and warrant that You have all rights required in order to post such User Content.
CleverDo may, in its sole discretion, delete any User Content that CleverDo determines violates these Terms. To the extent that You provide CleverDo with or CleverDo may have access to any information that allows CleverDo to identify You or any other individual (“Personal Information”) in connection with your use of the Services, CleverDo will preserve, safeguard and use such information as set for the in CleverDo Privacy Policy.
You grant CleverDo and any Third Party Services used in connection with the Services, a non-exclusive license to use the User Content solely for the purpose of operating the Services. Except as prohibited by applicable law, CleverDo may disclose any information in our possession (including User Content) in connection with your use of the Services to:
(I) Comply with legal process;
(II) Enforce these Terms;
(III) Respond to your requests for customer service;
(IV) Protect the rights, property or personal safety of CleverDo, our employees, directors or officers, partners, agents, or members of the public.
User Conduct
You may not use the Services for any purpose that is prohibited by the Terms or applicable law. You will not permit any third party to take any action or make available any content through the Services that:
(I) Infringes any intellectual property rights of any person or entity;
(II) Is unlawful, threatening, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or offensive;
(III) Is unauthorized or unsolicited advertising, junk or bulk email;
(IV) Involves commercial activities and/or sales such as a contest, sweepstakes, barter, advertising or pyramid schemes;
(V) Impersonates any person or entity, including any employee or representative of CleverDo;
(VI) Interferes with the proper functioning of the Services;
(VII) Engages in any potentially harmful acts directed against the Services, including violating any security features of the Services, introducing viruses, worms, or similarly harmful code into the Services;
(VIII) Attempts to do any of the foregoing.
Investigations
Although CleverDo does not generally monitor user activity on the Site or Service, if CleverDo becomes aware of any possible violations by You of any provision of these Terms, CleverDo may investigate such violations, at its sole discretion, and take any of the actions set forth in the Dispute Resolution Section below.
Third-Party Properties
- The Services may contain links to third-party websites and applications (collectively, “Third-Party Properties”). When you click on a link to a Third-Party property, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or application.
- CleverDo provides these Third-Party Properties only as a convenience and does not make any representations with respect to Third-Party Properties, or their products or services.
- You use Third Party Properties at your own risk. You should review applicable terms and policies, including privacy and data-gathering practices, of any Third Party Properties, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Indemnification
You agree to indemnify and hold CleverDo, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “CleverDo Parties”) harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of:
(I) Your use of, or inability to use, the Services;
(II) Your violation of the Terms;
(III) Your violation of any rights of another party, including any other users of the Services;
(IV) Your violation of any applicable laws, rules or regulations.
CleverDo may, at its own cost, assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with CleverDo in asserting any available defences. This provision does not require You to indemnify any CleverDo Party for any fraud, gross negligence, or willful misconduct in connection with the Services.
Warranties and Liabilities
AS IS. THE SITE, SERVICES, AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. CLEVERDO EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE, SERVICES, AND SOFTWARE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWED BY APPLICABLE LAW, ALL RISK OF USE OF THE SITE, SERVICES, AND SOFTWARE RESTS ENTIRELY WITH YOU.
In no event shall CleverDo or its affiliates, or any of their respective directors, officers, employees, agents, or other representatives, to the maximum extent permitted by law, accept liability for any of the following:
(I) Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities;
(II) Loss or corruption of any data, database, or software;
(III) Any special, indirect, or consequential loss or damage. In any event, our aggregate liability will not exceed the amount paid for the Service to which the claim relates or, if the claim does not relate to the Service, CleverDo does not warrant, endorse, guarantee or assume responsibility for any Service advertised or offered by a Third Party through the Service and websites or any website featured or linked to through the Service and websites. CleverDo will not be a party to or in any way be responsible for monitoring any transaction between You and Third-Party providers or services and websites. CleverDo will not be liable for the offensive or illegal conduct of any Third Party. You voluntarily assume the risk of harm or damage from the foregoing. The foregoing limitations will apply even if a remedy fails in its essential purpose and to the fullest extent permitted by law.
Term and Termination
Term; The Term commences on the date when You accept them (as described in the preamble above) and remain in full force and effect for so long as You access or use the Site, Services, or Software unless terminated earlier in accordance with this Section.
Termination by CleverDo; CleverDo may, at any time and for any reason, cease providing any or all the Services, and/or terminate the Terms. Without limiting the foregoing, CleverDo may also terminate your access to any or all of the Services if You materially breach any provision of the Terms, or if CleverDo is required to do so by law (e.g. where the provision of the Services is or becomes unlawful).
Termination by You; Except as set forth in the Effect of Termination Section, these Terms will be of no further force and effect with respect to you if you cease all use of the Services and Software and no longer visit the Site.
Effect of Termination
Upon termination of any Service, your right to use such Service will automatically terminate immediately. CleverDo will not have any liability whatsoever to You for any suspension or termination. All provisions of the Terms which by their nature should survive termination of Services will do so, including Ownership, Indemnification, Disclaimer of Warranties, Limitation of Liability, Effect of Termination Dispute Resolution, and General Provisions Section.
Notices
Where CleverDo requires that you provide an email address, you are responsible for providing CleverDo with your most current email address. In the event that the last email address you provided to CleverDo is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, CleverDo’s dispatch of the email containing such notice will nonetheless constitute effective notice.
CleverDo may deliver notice to You by email, posting a notice on the website, Application, or any other method we choose, and such notice will be effective on dispatch. Written communication shall be effective upon the expiration of forty-eight (48) hours after delivery or upon the expiration of one (1) hour after the e-mail has been sent. When we use the words “writing” or “written” in these terms, this includes emails and website Application notifications.
You may give notice to CleverDo, by letter sent by courier or registered mail to CleverDo, it will be effective when received and You must use the following physical or email address: (1) Suite 1700, 777 Dunsmuir Street, V7Y 1K4, Vancouver, British Columbia, Canada; or (2) info@cleverdo.app.
Right to Refuse Service
CleverDo retains the right to at its own discretion, refuse without liability, to provide Services (including cancellation of existing accounts or any issued payment instruments) without any reason based on the Service Provider’s professional opinion. Without limiting the foregoing, CleverDo may close, suspend or limit your access to your Account:
(I) If CleverDo determines that You have breached, or are acting in breach of, this User Agreement;
(II) If CleverDo determines that You have breached legal liabilities (actual or potential);
(III) If CleverDo determines that You have engaged, or are engaging in fraudulent, or illegal activities; (IV) To manage any risk of loss to CleverDo;
(V) For other similar reasons. If CleverDo closes your Account due to your breach of this User Agreement, You may also become liable for certain fees as described in this User Agreement. Without limiting CleverDo other remedies, to the extent You have breached this User Agreement, You must pay CleverDo all fees owed to CleverDo and reimburse CleverDo for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such a breach and collecting such fees.
If CleverDo closes your Account for a reason other than as a result of your breach of this User Agreement unless as otherwise specified in this User Agreement, You will be entitled to receive any payment due from CleverDo to You. In the event that CleverDo closes your Account, You will have no claim whatsoever against CleverDo in respect of any such suspension or termination of your Account.
Sanctioned Countries and Activities
CleverDo, at its own discretion, reserves the right to temporarily suspend or deactivate the User account, or permanently close the User account at any time, depending on the territory, country, or jurisdiction where the User is located.
Assignment
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted delegated, or otherwise transferred by you without CleverDo’s prior written consent.
Force Majeure
CleverDo will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to acts of God, war, terrorism, riots, embargos, an act of civil or military authorities, fire, floods, accidents, electricity supply interruptions, third parities’ stop of services, strikes or shortages of transportation facilities, energy, labour or materials.
Complaints, Claims, Disputes
If you have any questions, complaints, or claims with respect to the Site, Services, or Software please contact CleverDo at info@cleverdo.app.
CleverDo Payment Technologies Ltd
Suite 1700, 777 Dunsmuir
Street, V7Y 1K4, Vancouver,
British Columbia, Canada
Refund, Cancellation
CleverDo Services connected to the transactions are deemed to be provided after transaction execution, if you have any requests regarding your transaction, please write your request and details to help@cleverdo.app for assistance.
Miscellaneous
Governing Law:
These Terms and the relationship between You and CleverDo shall be governed and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, notwithstanding Your actual place of residence.
Any dispute, actions, claims, or causes of action arising out of or in connection with these Terms shall be referred to The London Court of International Arbitration (LCIA) www.lcia.org, in accordance with the rules of the LCIA as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of LCIA in accordance with the Rules. The seat and venue of the arbitration shall be the country or territory where You are using the service in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
No agency, joint venture, partnership, employee-employer relationship, or agency is intended or created by these Terms between you, CleverDo, or any Third-Party.
KYC & AML Checking
CleverDo hereby specifically reserves all rights at its sole discretion and without notice to Users, to suspend and/or cancel the provision of its services wherever the user fails to comply with CleverDo KYC & AML checking. Moreover, CleverDo reserves the right to repeat the KYC & AML checking, at CleverDo's sole discretion, without explanation to Users. For further information on our KYC verification process follow the link below:
https://help.cleverdo.app/article/123-accepted-documents-for-kyc-verification
Pricing
CleverDo is entitled to unilaterally amend the Pricing and to change the amount, frequency or time frames for payment of any fees and/or charges relating to the Services provided. IBAN provider CleverDo shall notify the Client of any changes 5 (five) Business Days before any new/amended Pricing takes effect unless the legislation in Canada stipulates another period of time.
Regulatory Compliance
Users shall not use the App to violate any legal law, rule, or regulation. Users must comply with all CleverDo policies and procedures regarding privacy and security and shall not transmit false or misleading information. CleverDo shall not be responsible for any liabilities, costs, expenses (including reasonable attorneys’ fees), claims, demands, or causes of action whatsoever arising on account of any breach of this Agreement by Users.
Taxes
- You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges, and/or costs, however, denominated as may be in force and in connection with any future taxes that may be introduced at any point in time.
- You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend CleverDo to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
- You agree that details of your account and all transactions thereunder may be provided on request to any tax authorities either in the country or territory where You are using the service or overseas where the purpose of such request is the lawful payment of tax obligations and/or the identification of assets for taxation.
Waiver
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability
If any portion of these Terms is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
Entire Agreement
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to the subject matter.
For assistance, contact the CleverDo Customer Support Team at help@cleverdo.app.
END OF TERMS & CONDITIONS