CoinBarter Terms and Condition
Last Updated: 10 December 2020
Acceptance of the Terms and Conditions
These Terms and Conditions are entered into by and between you and CoinBarter.io (“Company,” "YCBF", "CoinBarter", “we,” “our,” or “us”), and they govern your access to and use of our online software platform (the “Platform”), whether as a guest or a registered user.
CoinBarter and Affiliated Partner Services
The Platform is an online environment to Purchase and Redeem CoinBarter ("YCBF"), a stablecoin that is backed by Fiat Dollar (USD) currency. YCBF is not money, legal tender, nor monetary instruments. Once you have YCBF tokens, you can trade them, keep them, or use them on the blockchain.
CoinBarter.io focuses solely on minting and burning YCBF. CoinBarter.io does not guarantee the redeemability of YCBF back to fiat USD for retail customers. The actual Purchase and Redemption of YCBF via the Platform CoinBarter.io are fulfilled through Affiliated Partners, such as through Binance and other companies that may enter partnership in the future.
The Company reserves the right to refuse issuance of YCBF if any act, conduct, transaction, omission, or misrepresentation, or the party requesting the issuance or redemption, violates, attempts to violate, causes, aids, or abets the violation of any applicable laws, statutes, ordinances, or regulations; is suspected or believed to be blocked property, frozen assets, or economic resources, or the proceeds of any crime, terrorist financing, or corruption related to any person or government official under any applicable laws; or exposes the Company to sanctions, restrictions, or penalties.
Anti-Money Laundering and Counter-Terrorist Financing
We reserve the right to refuse registration to, or to bar transactions from or to, anyone from or in jurisdictions that do not meet international AML–CTF standards as set out by the FATF; to anyone that is a Politically Exposed Person within the meaning of the FATF’s 40 Recommendations; or, that fails to meet any of our customer due diligence standards, requests, or requirements. At all times, you may be subject to enhanced customer due diligence procedures in your use of the Platform and any related service. The Company will validate and verify your identity based on the information provided. As part of our Know Your Customer (KYC) policy and ongoing monitoring of account activity, we may request additional information and documentation from you in the future. If we are unable to contact you and verify your identity in the future, we may need to close your account.
The Company will cooperate with applicable law enforcement and regulatory authorities where it is required to do so and will share information if there are reasonable grounds to believe that YCBF is being used for illegal purposes.
Any exchange that lists YCBF represents and warrants to the Company that by doing so it is duly organized, registered, licensed, and shall comply with all applicable laws and rules in every jurisdiction in which it operates. Furthermore, any exchange listing YCBF represents and warrants to the Company that by doing so it has Anti-Money Laundering (“AML”) and Counter Terrorist Financing controls meeting the requirements in every jurisdiction in which it operates.
Accessing the Platform
We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. This includes, but is not limited to, replacing the existing YCBF smart contracts with new smart contracts or moving any YCBF token to a new blockchain.
We reserve the right to deny access to the Platform to anyone or cancel an account for any or no reason, including but not limited to violations of our Terms and Conditions, applicable laws and regulations, or engaging in any Prohibited Uses, and at any time, at our sole discretion. If we terminate your account for any reason, we’ll provide you with notice of our actions and make any unrestricted YCBF tokens available for redemption.
We reserve the right to prohibit wire submissions of fiat currency or redemption requests of YCBF if the total amount submitted or requested is less than 500.000 USD, although we may in practice lower the minimum requirement limit.
You are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any account at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms and Conditions.
The Company does not take any responsibility for any bank transfer, wire, or any other fees or costs (“Fees”) associated with the purchase or redemption of any YCBF product. Any Fees incurred by you during the purchase or redemption of YCBF shall be deducted from the amount being purchased before the balance is transferred to you. You are also responsible for all on-chain transaction costs associated with on-chain transfers of YCBF, such as paying Ether for gas.
You are solely liable for all the taxes, fees, and commissions resulting from the use of the Platform. These Terms and Conditions alone do not create a joint venture, partnership, or principal-agent relationship between you and the Company, or any other users, and nothing in these Terms and Conditions may be used to imply such a relationship. You agree to indemnify the Company from any liability for, or assessment of, any claims or penalties with respect to such taxes, labor, or employment requirements, including any liability for, or assessment of taxes imposed on the Company by the relevant taxing authorities with respect to any fees paid to you as the result of using the Platform.
Assumption of Risk; No Advice
The Company does not provide any investment advice. The information contained within the Platform is for informational purposes only, and the Company is not soliciting any action based upon such materials. The material is not to be construed as investment advice. We do not provide any consultation on the advisability of purchasing any YCBF, the timing of a purchase or redemption, or any other matters regarding the purchase or redemption of YCBF such as trading techniques, models, algorithms, or any other schemes. Additionally, the material accessible through the Platform does not constitute a representation that the purchase of YCBF are suitable or appropriate for you.
Please note the following risks in purchasing and using YCBF:
Not a Bank Account
Your account with us (and any available assets held in such account) is not a bank account or a deposit account. YCBF is not a financial instrument and the Company may not be regulated as a financial institution in your jurisdiction. No interest will be paid on any funds or other assets held in your account and all assets directly held by the Company are not insured by the Company or, except as set forth below, any third party or any government agency. The Company may collect interest on the fiat deposits held in the YCBF collateral bank account.
As with all Blockchain transactions, YCBF transactions (which occur on top of Ethereum network) is irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
Redemption of YCBF
All YCBF will be rounded down to the nearest Rupiah for redemption.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by South Korean and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Platform for your use only, subject to the following restrictions:
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as it is created and owned by you.
You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company.
You may use the Platform only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Platform:
In any way that violates any applicable national and/or international law or regulation.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend the Company or users of the Platform or expose them to liability.
By means of any bot or other automatic device or process, or by any manual process, intended to monitor or copy any of material on the Website or for any other unauthorized purpose.
In order to disguise the proceeds of, or to further, any breach of applicable laws or regulations.
To engage in conduct that is detrimental to us or to any other Platform customer or any other third party;
To falsify any account registration details provided to us;
To falsify or materially omit any information or provide misleading information requested by us in the course of, directly or indirectly relating to, or arising from your activities on the Platform or the use of any services, including at registration;
To reverse-engineer, decompile, or disassemble any software running on the Platform; or, attempt to harm us through your access to the Platform or any services, except that nothing in this subparagraph shall be construed as limiting your free speech rights under applicable law.
Links from the Platform
Links to any third-party websites on the Platform are provided for your convenience only. We have no control over the contents of those sites or resources. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information on the Platform. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Platform includes content provided by third parties, including materials provided by other users, attorneys, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Users Outside of South Korea
The Platform is controlled and operated from South Korea and is subject to its laws. If you choose to access the Platform outside of South Korea, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
Disclaimer of Warranties
YOUR USE OF THE PLATFORM, ITS CONTENT, YCBF TOKENS AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, YCBF TOKENS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM OR YCBF TOKEN. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) (collectively “Claims”) arising out of or relating to: (i) your violation of these Terms and Conditions; (ii) your use of the Platform, or (iii) your purchase or redemption of any YCBF.
No Class Proceedings
You and we agree that any party hereto may bring claims against the other on an individual basis only and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless the parties agree otherwise, any adjudicator of any claim—whether judicial or otherwise—may not consolidate or join more than one party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any adjudicator of any claim may award relief, including monetary, injunctive, and declaratory relief, only in favor of the party seeking relief, and only to the extent necessary to provide relief necessitated by that party’s claim(s). Any relief awarded cannot affect other users of the Platform or of any Services.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Changes to the Terms and Conditions and Platform
We will likely change and update these Terms from time to time, and these changes are effective as soon as we post them on the Platform. If you continue to use the Platform following the posting of any revised Terms, you are accepting and agreeing to the changes.
From time to time, we may also update the content on the Platform as we see fit, but do not guarantee that any content is necessarily complete or up-to-date.
All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: [email protected] In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Platform (collectively “Feedback”), you agree that we may use the Feedback in any way we deem appropriate to: (a) improve our Platform and (b) promote the Platform, and that you will not be due any compensation for your Feedback that is used in these ways.