Last updated: 2nd July, 2021
I. DEFINITIONS
1. “Coinfirm”, “Company”, “we” – Coinfirm Limited, a company operating under laws of England and Wales with its registered address at Lansdowne House 5th Floor, 57 Berkeley Square, W1J 6ER London, United Kingdom and our registered company number is 10027965;
2. “Programme” – Reclaim Crypto Programme, allowing Participant to complete the Detailed Reclaim Form to collect the most relevant information necessary to add the case to Reclaim Crypto database and to flag the reported address(es) in Reclaim Crypto database;
3. “Participant” or “you” or “your” – any natural person or legal entity or other entity with capability to undertake legal actions applying to join or taking part in the Programme;
4. “Programme Website” – website at https://www.reclaimcrypto.com/;
5. “Terms” – Reclaim Crypto General Terms and Conditions;
6. “Consumer” – an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession;
7. “Business Day” – any day which is not a Saturday or Sunday or a Bank Holiday;
8. “Bank Holiday” – a public holiday in UK or in Poland;
9. “Detailed Reclaim Form” – form to be completed by the Participant, allowing to collect the most relevant information necessary to add the case and to flag the reported address(es) in Reclaim Crypto database, which shall contain, the minimum, the following details of the case:
10. “Investigators Partner” – entity specialised in money-laundering, fraud and bribery investigations;
11. “Power of Attorney” – is a written authorization, given by Participant to act on his/her behalf.
II. THESE TERMS
1. These Terms provide for and regulate all rights and obligations between the Coinfirm and Participant.
2. These Terms apply to the Programme. You will be required to confirm that you agree to be bound by these Terms during the registration process. Please read them carefully and make sure that you understand them before you accept it.
III. PURPOSE OF THE PROGRAMME
1. The Programme is designed to add the case to Reclaim Crypto database and to flag the reported address(es) in Reclaim Crypto database. Reported cases are visible to Investigators Partners, which have access to Reclaim Crypto database. Investigators Partners may contact the chosen Participant to assist in the recovery of lost funds. The Programme is also designed to send the alerts to parties providing blockchain services (i.e. exchanges), which received the stolen funds.
IV. PARTICIPATION
1. Participant may be a natural person of full age and legal capacity or entity representative acting on behalf of legal entity or other entity with capability to undertake legal actions. In particular, minors are not permitted to take part in Programme.
2. To take part in Programme the Participant is required to successfully complete all stages specified hereinbelow:
2.1. Open the Programme Website.
2.2. Insert his/her email address and accept the Terms and Privacy Notice.
2.3. Receive the email from email address: jira@coinfirm.atlassian.net with the invitation to Coinfirm’s Service Desk, where the Participant may fill out the Detailed Reclaim Form and provide the relevant evidence confirming the loss of funds.
2.4. Submit the Detailed Reclaim Form with the details of the case.
2.5. Optional – Refer to the instructions contained in Coinfirm’s replies or Investigation Partners replies.
3. The Participant (“Principal”) may authorize another Participant (“Attorney-in-fact”) to take part in Programme on his/her behalf. Then duly authorized Attorney-in-fact is obliged to successfully complete all stages specified in Section IV.2 above and to fill up the Detailed Reclaim Form with details of Principal’s case and to attach Power of Attorney to the Detailed Reclaim Form.
V. REPRESENTATIONS AND WARRANTIES
1. By accepting these Reclaim Crypto General Terms and Conditions and using the Reclaim Crypto, you represent and warrant on an ongoing basis that:
1.1. if you are a natural person, you are at least 18 years of age, you have sufficient legal capacity under the laws of any jurisdiction to which you may be subject to enter into an agreement with Coinfirm as set out in the Terms of Service and these Reclaim Crypto General Terms and Conditions, and you are not a citizen or resident of a “Prohibited Jurisdiction” (meaning those countries and territories listed on our website from time to time);
1.2. if you are acting on behalf of a natural person, you warrant and represent that you are duly authorised to act on behalf of such natural person, you have provided us the Power of Attorney and you are 18 years of age, you have sufficient legal capacity under the laws of any jurisdiction to which you may be subject to enter into an agreement with Coinfirm as set out in the Terms of Service and these Reclaim Crypto General Terms and Conditions, and you are not a citizen or resident of a “Prohibited Jurisdiction” (meaning those countries and territories listed on our website from time to time);
1.3. if you are acting on behalf of legal entity or other entity with capability to undertake legal actions , you warrant and represent that you are duly authorised to act on behalf of such legal entity or other entity with capability to undertake legal actions, such legal entity or other entity with capability to undertake legal actions is not incorporated, established or registered in or under the laws of a Prohibited Jurisdiction and its controllers, directors, officers and employees are not citizens or residents of any Prohibited Jurisdiction;
1.4. you or the legal entity or other entity with capability to undertake legal actions you are acting on behalf of are not subject to any sanctions administered or imposed by any national or supranational governmental authority;
1.5. holding or trading virtual assets and using the Reclaim Crypto services is not unlawful or prohibited under the laws of any jurisdiction to which you or the legal entity or other entity with capability to undertake legal actions you are acting on behalf of, may be subject and if a licence or other authorisation is required for such activity under the laws of such jurisdiction, you or the legal entity or other entity with capability to undertake legal actions you are acting on behalf of have obtained and are maintaining such licence or authorisation;
1.6. you or the legal entity or other entity with capability to undertake legal actions body you are acting on behalf of have not previously had a Coinfirm account, or the use of our services, suspended or terminated by Coinfirm; and
1.7. if you are acting on behalf of others, such as in the capacity of asset management or investment advisory, you are licenced to conduct such activities in the jurisdiction(s) that you operate;
1.8. the Claim has not been assigned to third parties and no legal dispute is pending between the Client and the defendant in the same matter.
VI. COINFIRM’S ENTITLEMENTS
1. Coinfirm may (but in no event shall Coinfirm be obliged to) provide the analysis only of those submitted Detailed Reclaim Form, which contain the essential data.
2. Coinfirm may (but in no event shall Coinfirm be obliged to) inform the Participant about closing his/her case in the event of not providing the essential data.
3. Coinfirm may (but in no event shall Coinfirm be obliged to) add the case and to flag the address(es) to Reclaim Crypto database.
4. Confirm may (but in no event shall Coinfirm be obliged to) inform the Participant about adding his/her case and about flagging the reported address in Reclaim Crypto database.
5. Coinfirm in its sole discretion may (but in no event shall Coinfirm be obliged to) contact the chosen Participants in cases of:
5.1. asking for additional information enabling Coinfirm to add the case and to flag the fraudulent address in Reclaim Crypto database;
5.2. informing Participant about the possibility of starting the tracing process of their lost funds;
5.3. informing Participants that their stolen funds were identified on the exchange.
6. Coinfirm in its sole discretion may send the alerts to to parties providing blockchain services (i.e. exchanges), which received the stolen funds.
7. Coinfirm in its sole discretion may give the Investigators Partners access to Reclaim Crypto database with no personal data visible. In principle the personal data of the Participants will not be shared with Investigators Partners without consent of the Participant. When Investigators Partners will be interested in specific case and it intend to contact with specific Participant, Coinfirm will request the consent of Participant and will provide the Participant with the information about identity and the contact details of Investigators Partner.
VII. INTELLECTUAL PROPERTY
1. Coinfirm and other Coinfirm capital group companies are owners of the intellectual property related to the Programme (“Programme Intellectual Property”), including any trademarks and tradenames.
2. You are not granted any licence to use any of the Programme Intellectual Property.
3. Any unauthorized use of the Programme Intellectual Property shall be strictly prohibited and shall be subject to legal proceeding as well constitutes a condition for cancellation of your participation to the Programme.
VIII. CANCELLATION OF PARTICIPATION
1. You are obliged to provide true information.
2. Any manipulation, misrepresentation or any other misconduct shall be strictly prohibited.
3. When the Company finds out you have committed any of acts mentioned in Section VIII.2 above or that you have provided untrue information, or you have infringed any of the Programme Intellectual Property (as provided for in Section VII above) you will be deprived any and all rights of participation to the Programme and you will be no longer able to participate. You also will be liable to the Company and any other Person for any damage arisen out of your behaviour.
IX. COMPLAINTS
1. All complaints regarding the Programme, including technical problems or complaints on our decisions should be reported at reclaimcrypto@coinfirm.com.
2. We will analyse each and any complaint thoroughly and give you a proper answer during a reasonable time.
X. LIABILITY AND INDEMNITY
1. EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, IN RESPECT OF ANY SERVICE, BENEFIT, C-SCORE REPORT OR INTELLECTUAL PROPERTY RIGHTS PROVIDED HEREUNDER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH MAY BE IMPLIED IN RESPECT OF ANY SERVICE, BENEFIT OR INTELLECTUAL PROPERTY RIGHTS PROVIDED HEREUNDER, OR (IN EACH CASE) THEIR USE AND THE RESULTS OF SUCH USE. LIMITATION OF CONDITIONS OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE INDICATED HEREINABOVE DOES NOT INCLUDE PARTICIPANTS THAT ARE CONSUMERS.
2. To the fullest extent permitted by applicable law you agree to indemnify, defend and hold harmless the Company and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Company Indemnified Parties”) from and against any and all claims, demands, actions, damages, losses, costs and expenses (including reasonable professional and legal fees) that arise from or relate to:
2.1. your participation to the Programme;
2.2. the performance or non-performance of your responsibilities, representations, warranties or obligations under these Terms, or;
2.3. your breach of any of the provisions set out in these Terms, or;
2.4. your breach of any rights of any other Person.
3. Unless you are a Consumer the Company reserves the right to exercise a sole control over the defence, at your sole cost and expense, of any claim subject to an indemnity set out in Section X.2 above.
4. The indemnity set out in this Section X is in addition to, and not in lieu of, any other remedies that may be available to the Company under applicable law.
5. Under no circumstances:
5.1. Shall either party be liable to the other party for indirect, incidental, consequential, punitive, special or exemplary damages including lost profits, lost revenues, loss of opportunity or business interruption, whether or not such damages are foreseeable (even if that party has been advised of the possibility of such damages), or,
5.2. Shall the entire liability of either party to the other party under this Agreement, with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory, exceed the amounts paid or payable pursuant to these Terms.
6. General liability limit of the Company. Company’s total liability to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with the Programme or these Terms shall not exceed a total of 10,000 USD.
7. The limitations of liability do not apply to any breach of obligations hereunder regarding confidentiality or to obligations of indemnification.
8. Notwithstanding anything to the contrary, nothing in these Terms shall operate to exclude or restrict either party’s liability for (i) death or personal injury resulting from negligence or (ii) fraud or fraudulent misrepresentation.
9. Each party shall use all reasonable endeavours to mitigate any loss and damage incurred by it or its affiliates a result of any breach by another party of its obligations under these Terms.
XI. TAXATION
1. You are solely responsible for any taxes in any jurisdiction arising out of your participation to the Programme.
2. The Company provides no tax or legal advice nor shall be liable for your legal or tax obligations.
XII. PERSONAL DATA PROTECTION
1. The Company shall be the Controller of your personal data.
2. Your personal data will be processed in order to manage your participation to the Programme unless you give us your consent to process in other purposes which shall be communicated to you, i.e. to share your personal data with Investigators Partners.
3. For further information please read our Privacy Notice and Privacy Policy at the Company’s Website.
XIII. ANTI-BRIBERY COMPLIANCE
1. Each Party to these Terms, in its own capacity, warrants and represents that:
1.1. such Party, and its subsidiaries and its and their respective directors, officers, employees, agents and any other persons acting on its or their behalf has not, directly or indirectly, made any bribes, rebates, payoffs, influence payments, kickbacks, illegal payments, illegal political contributions, or other payments, in the form of cash, gifts, or otherwise, or taken any other action, in violation of the UK Bribery Act of 2010 or any other anti-bribery or anti-corruption Law (collectively the “Anti-Bribery Laws”), and;
1.2. such Party (nor any of its subsidiaries) is or has been the subject of any investigation or inquiry by any governmental body with respect to potential violations of Anti-Bribery Laws.
XIV. TERM AND TERMINATION
1. The Programme is designed to continue for indefinite period of time until terminated by the Company. The termination notice shall be published on the Company Website and the notice period is 30 (thirty) days.
2. If you want to terminate your participation, send us a written notice.
XV. GENERAL PROVISIONS
1. We may amend these Terms from time to time, including where there are changes to the intended process or as may be otherwise required by any laws or regulatory requirements to which we are subject.
2. It is your responsibility to regularly check the Company’s Website for any such notices and updated Terms. You may not agree to the amended Terms. If you do not agree you may terminate your participation by giving us an appropriate notice in writing in accordance with provisions of Section XIV above. If you are a Consumer and you do not agree to any amendment you may withdraw from the Programme with immediate effect during 14 days from the effective date of amendment.
3. If any term, clause or provision of these Terms is found to be illegal, void or unenforceable (in whole or in part), then such term, clause or provision shall be severable from these Terms without affecting the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms, which shall remain in full force and effect.
4. These Terms constitute the entire agreement between the parties in relation to its subject matter. These Terms supersede any and all prior agreements, draft agreements, arrangements, warranties, statements, assurances, representations and undertakings of any nature made by, or on behalf of the parties, whether oral or written, public or private, in relation to that subject matter.
5. You acknowledge that by accepting these Terms, you have not relied on any oral or written statements, warranties, assurances, representations or undertakings which were or may have been made by the Company or on the Company’s behalf by any of the Company Indemnified Parties and/or a related entity or undertaking in relation to the subject matter of these Terms at any time before your acceptance of them (“PreContractual Statements”), other than those set out in these Terms. You hereby waive any and all rights and remedies which might otherwise be available in relation to such Pre-Contractual Statements.
6. Nothing in these Terms shall be deemed to create any form of partnership, joint venture or any other similar relationship between you and the Company, Coinfirm or other individuals or entities involved with the Programme.
7. Rights and obligations fully or partially related to any submitted case may be transferred without restrictions by Coinfirm to any entity within the Coinfirm capital group companies and by Coinfirm to third parties, in accordance with rules provided in Reclaim Crypto Privacy Notice, available on: https://www.reclaimcrypto.com/privacy-policy/.
8. These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with law of England.
9. Unless you are a Consumer the Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including noncontractual disputes and claims). If you are a Consumer general provisions of applicable law shall apply.
10. Any mail correspondence to us should be sent at: Coinfirm Limited, ul. Warszawska 4/4, 87-100 Toruń, Poland.