Agreement

Agreement

EpayNYC.com USER AGREEMENT MEDIA MARKET LLC (also trading as ePAyNYC) is regulated by the USA Financial Conduct Authority. This is a contract between you and each of:  MEDIA MARKET LLC,  ("ePayNYC") a private LLC company incorporated in USA Wyoming,Sheridan and  company number 000864307 and whose registered office address is 30 N Gould St.Ste R,Sheridan, WY 82801,USA; and References in this Agreement to "ePayNYC", "we", "our" or "us", are to ePayNYC and depending on the services being discussed, and references to "you" or "your" are to the person with whom ePayNYC.com enters into this Agreement. By signing up to use an account through ePayNYC.com  or any of our associated websites, application programming interfaces (“APIs”), or mobile applications (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy. We refer to the E-Money Services, Digital Currency Services and Additional Services (all defined below) collectively as the "ePayNYC.com Services", which can be accessed via the platform operated by ePayNYC.com  (the “ePayNYC.com  Platform”) (including the online platform which is accessible via the Site or at such location as may be prescribed by ePayNYC.com  from time to time). Each of the ePayNYC.com  Services is provided by either ePayNYC.com , as set out in clause 2 below. You should be aware that the risk of loss in trading or holding Digital Currencies can be substantial. As with any asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. Digital Currency Services and Additional Services are not currently regulated by the Financial Conduct Authority, the Central Bank or any other regulator in the USA or in other countries. The Digital Currency Services and Additional Services are not within scope of the jurisdiction of the USA Financial Ombudsman Service and Pensions Ombudsman, and your Digital Currencies and E-Money are not subject to protection under the USA Financial Services Compensation Scheme  or Investor Compensation Scheme. You should carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition. 1. ELIGIBILITY. ePayNYC.com ,To be eligible to use any of the ePayNYC.com  Services, you must be at least 18 years old and reside in a country in which the relevant ePayNYC.com  Services are accessible. Please note that not all ePayNYC.com  Services are available in every country. The list of ePayNYC.com  Services accessible by country can be found at https://www.ePayNYC.com 2. SERVICES. 2.a ePayNYC.com E-Money Services. The following services (the "E-Money Services") may be provided to you by ePayNYC.com  Payments:    (A) a hosted digital wallet (“E-Money Wallet”) enabling you to store electronic money issued by MEDIA MARKET LLC, which is denominated in fiat currency (“E-Money"); and    (B) certain payment services enabling you to send and receive E-Money (as set out below). ePayNYC.com  The E-Money Services are regulated by the USA Financial Conduct Authority (“FCA”). ePayNYC.com  Payments is an authorised electronic money institution authorised and regulated by the FCA . 2.b Digital Currency Services. The following services (the "Digital Currency Services") may be provided to you by ePayNYC.com :    (A) one or more hosted digital currency wallets (the "Digital Currency Wallets") enabling you to store, track, transfer, and manage your balances of certain supported digital currencies like Bitcoin or Ethereum (collectively "Digital Currency" or “Digital Currencies”); and    (B) a Digital Currency exchange service enabling you to obtain prices for your purchases and sales of Digital Currencies, and (subject to certain restrictions) carry out any such purchases or sales on the Site (the “Digital Currency Exchange Service”). Unlike E-Money Services, Digital Currency Services are not regulated by the Central Bank of USA. ePayNYC.com  Europe is not a regulated financial services provider. ePayNYC.com  Europe is based in, and provides its services from, USA.     IMPORTANT NOTE: ePayNYC.com  Europe is not a regulated financial service provider and is not registered with or regulated or authorised by the Central Bank of EU,Ireland, the Competition Consumer and Protection Commission or any other regulatory body in EU,Ireland for financial services and so you will not be able to available of regulatory protections associated with such regulated entities such as investor or deposit protection schemes or access to the Financial Services and Pensions Ombudsman in relation to the Digital Currency Services. 2.c Additional ePayNYC.com  Services. In addition to the core services (i.e. the E-Money Services and the Digital Currency Services), the following services ("Additional Services") may be made available by ePayNYC.com Europe (or another member of the ePayNYC.com , as defined at Section 2.6 below) to users that fulfil certain eligibility criteria: 2.d Several Liability. You agree that the liability of each of ePayNYC.com  Payments and ePayNYC.com  Europe under this Agreement is several and not joint, and each of ePayNYC.com  Payments and ePayNYC.com  Europe shall be liable only for their own respective obligations under this Agreement, and any breaches by them of those obligations. This means that each of them are responsible to you for their own breaches of this Agreement, and not for each other’s breaches. 2.e Fees. You agree to be responsible for the payment of and pay all fees. A full list of fees for ePayNYC.com Services, as amended from time to time, can be found on the Site at the ‘Pricing and Fees Disclosures’ and ‘Trading Fees’ pages, which shall form part of this Agreement. 2.f ePayNYC.com . In this Agreement, “ePayNYC.com ” means ePayNYC.com  Europe and its corporate affiliates, including MEDIA MARKET LLC, a Wyomin corporation, which provide Digital Currency storage and wallet services. Excluded from this definition are all corporate affiliates that solely provide electronic money services, including, but not limited to, ePayNYC.com  Payments. 3. ACCOUNT SETUP. 3.a Registration of ePayNYC.com  Account. To use the ePayNYC.com Services, you will need to register for a ePayNYC.com  account (a "ePayNYC.com  Account") by providing your details, including your name, email address and a password and accepting the terms of this Agreement. By using a ePayNYC.com  Account, you agree and represent that you will use the ePayNYC.com Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from ePayNYC.com in accordance with Section 3.b and 4.h of this Agreement. Each customer may register only one ePayNYC.com  account. You are fully responsible for all activity that occurs under your ePayNYC.com  Account. We may, in our sole discretion, refuse to open a ePayNYC.com  Account for you, or suspend or terminate any ePayNYC.com  Accounts (including but not limited to duplicate accounts) or suspend or terminate the trading of specific Digital Currency in your account. 3.b Third party Access. If, to the extent permitted by Section 4.h, you grant express permission to a Regulated Third Party to access or connect to your ePayNYC.com Account(s), either through the Regulated Third Party's product or service or through the Site, you acknowledge that granting permission to a Regulated Third Party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any Regulated Third Party with access to your ePayNYC.com  Account(s) and any action of such Regulated Third Party shall be considered to be an action authorised by you. Further, you acknowledge and agree that you will not hold ePayNYC.com  responsible for, and will indemnify ePayNYC.com from, any liability arising out of or related to any act or omission of any Regulated Third Party with access to your ePayNYC.com  Account(s). You may change or remove permissions granted by you to a Regulated Third Party with respect to your ePayNYC.com  Account(s) at any time through the tabs on the ‘Settings’ page on the Site. 3.c Identity Verification. You agree to provide us with the information we request (which we may request at any time deemed necessary) for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including as set out in Appendix 2 (Verification Procedures and Limits) and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to start using the ePayNYC.com  Services and to access specific ePayNYC.com  Services, including certain transfers of E-Money and Digital Currency, and the limits that apply to your use of the ePayNYC.com  Services may be altered as a result of information collected on an ongoing basis. ePayNYC.com ,The information we request may include (but is not limited to) personal information such as your name, residential address, telephone number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (e.g. international mobile subscriber identity and international mobile equipment identity) and other subscriber status details, and any such information that ePayNYC.com is required to collect from time to time under applicable law. ePayNYC.com ,You may also be required to undergo “Enhanced Due Diligence” (see Section 6.b below), where ePayNYC.com  may request that you submit additional information about yourself or your business, provide relevant records, and arrange for meetings with ePayNYC.com  staff so that ePayNYC.com  may, among other things, establish the source of your wealth and source of funds for any transactions carried out in the course of your use of ePayNYC.com Services. ePayNYC.com ,In providing us with this or any other information that may be required, you confirm that the information is true, accurate and complete, and you have not withheld any information that may influence ePayNYC.com ’s evaluation of you for the purposes of your registration for a ePayNYC.com  Account or the provision of ePayNYC.com  Services to you. You undertake to promptly notify in writing and provide ePayNYC.com  with information regarding any changes in circumstances that may cause any such information provided to become false, inaccurate or incomplete and also undertake to provide any other additional documents, records and information as may be required by ePayNYC.com  and/or applicable law. You permit us to keep records of such information. We will treat this information in accordance with Section 11 (Data Protection). You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such enquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further ePayNYC.com Services and/or before permitting you to engage in transactions beyond certain volume limits. 4. E-MONEY SERVICES 4.a Loading. You can load funds into your E-Money Wallet using bank transfer (or other payment methods available on the Site for your location), and your E-Money Wallet will show loaded funds once we have received them. Loading of funds may be done manually, or as part of a recurring transaction that you set up on your ePayNYC.com  Account (see Section 5.i below for more details). You may only load your own funds, from your own account, and not from any joint, pooled or third party account. When funds are loaded into the E-Money Wallet you will be issued with E-Money by ePayNYC.com  Payments that represents the funds you have loaded. The E-Money Wallet is not a deposit or investment account which means that your E-Money will not be protected by the Financial Services Compensation Scheme. ePayNYC.com Payments will only hold funds received from users in a designated safekeeping account with a regulated financial institution. E-Money held in an E-Money Wallet will not earn any interest. Your E-Money Wallet may hold E-Money denominated in different currencies and we will show the E-Money balance for each currency that you hold. 4.b Purchase or Sale of Digital Currency. You may purchase supported Digital Currency by using E-Money credited to your E-Money Wallet. To carry out a Digital Currency Transaction using E-Money, you must follow the relevant instructions on the Site. A Digital Currency Transaction using E-Money should normally be settled no later than one business day after we receive your instructions. You authorise us to debit E-Money from your E-Money Wallet. Although we will attempt to deliver Digital Currency to you as promptly as possible, E-Money may be debited from your E-Money Wallet before Digital Currency is delivered to your Digital Currency Wallet. You may sell Digital Currency in exchange for E-Money. You authorise us to debit your Digital Currency Wallet and credit your E-Money Wallet with the relevant amount of E-Money. 4.c Receipt of Instructions. If we receive instructions from you to purchase Digital Currency using E-Money on a non-business day or after 4:30 pm (London time) on a business day, we may treat those instructions as if they were received by us on the following business day. 4.d Revocation. When you give us instructions to carry out a Digital Currency Transaction using E-Money, you cannot withdraw your consent to that Digital Currency Transaction unless the Digital Currency Transaction is not due to occur until an agreed date in the future e.g. if you have set up Future Transactions (see Section 5.i below for more details). In the case of a Future Transaction, you may withdraw your consent up until the end of the business day before the date that the Future Transaction is due to take place. To withdraw your consent to a Future Transaction, follow the instructions on the Site. 4.e Unsuccessful Payments. If a payment to load funds into your E-Money Wallet is not successful, you authorise ePayNYC.com , in its sole discretion, either to cancel any related Digital Currency Transactions or to debit your other payment methods, including ePayNYC.com  balances or other linked accounts, in any amount necessary to complete the Digital Currency Transactions in question. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, or similar fees charged by your payment provider. 4.f Account Information. You will be able to see your E-Money Wallet balance and your transaction history using the Site, including (i) the amount (and currency) of each Digital Currency Purchase, (ii) a reference to identify the payer and / or payee (as appropriate), (iii) any fees charged (including a breakdown of the fees), (iv) where there has been a currency exchange, the rate of exchange, and the amount (in the new currency) after exchange (where you are the payer) or the amount (in the original currency) before the exchange (where you are the payee), and (v) the debit or credit date of each Digital Currency Purchase (as appropriate). 4.g Redeeming E-Money. You may redeem all or part of any E-Money held in your E-Money Wallet at any time by selecting the relevant option in the Site and following the instructions. Unless agreed otherwise, funds will be transferred to the bank account you have registered with us. If this Agreement is terminated, we will redeem any E-Money remaining in your E-Money Wallet and attempt to transfer funds to the bank account you have registered with us. Prior to redeeming E-Money from your E-Money Wallet, we may conduct checks for the purposes of preventing fraud, money laundering, terrorist financing and other financial crimes, and as required by applicable law. This may mean you are prevented or delayed from withdrawing E-Money until those checks are completed to our reasonable satisfaction in order to comply with our regulatory requirements. 4.h Unauthorised and Incorrect Transactions. Where a purchase of Digital Currency and / or redemption of E-Money is initiated from your E-Money Wallet using your credentials, we will assume that you authorised such transaction, unless you notify us otherwise. If you believe that a transaction using your E-Money Wallet has been carried out that you did not authorise (an “Unauthorised Transaction”), or if you have reason to believe that a transaction using your E-Money Wallet has been incorrectly carried out or is not complete (an “Incorrect Transaction”), you must contact us as soon as possible, and in any case no later than 13 months after the Unauthorised Transaction or Incorrect Transaction occurred. It is important that you regularly check your E-Money Wallet balance and your transaction history to ensure any Unauthorised Transactions or Incorrect Transactions are identified and notified to us at the earliest possible opportunity. We are not responsible for any claim for Unauthorised Transactions or Incorrect Transactions unless you have notified us in accordance with this Section 4.8, in which case Section 4.9 below sets out our respective responsibilities. As further described in Section 4.9 below, we are not responsible for any claim for Unauthorised Transactions or Incorrect Transactions if you have acted fraudulently, intentionally or with gross negligence and this has resulted in the Unauthorised Transactions or Incorrect Transactions. During any investigation of any actual or potential Unauthorised Transactions or Incorrect Transactions, we reserve the right to suspend your ePayNYC.com  Account to avoid further losses. 4.i Refund Rights. (A) Unauthorised Transactions - E-Money Wallet. If an Unauthorised Transaction occurs in your E-Money Wallet as a result of our failure, we will refund you the amount of that transaction by no later than the end of the next business day after becoming aware of the Unauthorised Transaction and restore your E-Money Wallet to the state it would have been in had the Unauthorised Transaction not taken place. Generally, you will not be liable for losses incurred after you have notified us of the Unauthorised Transaction or if we have failed at any time to provide you with the means for notifying us. You will be liable for the first $50 of any losses you incur in respect of an Unauthorised Transaction in your E-Money Wallet which arises from the use of lost or stolen credentials (for example when you have failed to keep the login details for your ePayNYC.com  Account secure), and if you are fraudulent, or you intentionally or negligently fail to carry out your obligations under this Agreement and this results in Unauthorised Transactions in your E-Money Wallet (for example, if you deliberately share your email and password with a third party, or are grossly negligent in keeping your email and password secure, in both cases other than in accordance with Sections 3.b and/or 4.h), you will be liable for all resultant losses incurred as a result of any such Unauthorised Transactions, not just the first $50. Where there is a dispute between us and you regarding whether or not a transaction is an Unauthorised Transaction, we may (but are not obliged to) temporarily credit your E-Money Wallet whilst we settle the dispute. Where we determine that the transaction was authorised, we may reverse that credit and correct errors made in any statement of E-Money Wallet without prior notice to you, although please note that during this period your E-Money Wallet may be temporarily locked to avoid further Unauthorised Transactions. You will also be liable to us (as a debt) for any E-Money you have transferred which was temporarily credited to your E-Money Wallet. (B) ePayNYC.com ,Incorrect Transactions - E-Money Wallet. Where an Incorrect Transaction is made in your E-Money Wallet as a result of our action or error we shall refund to you the amount of that transaction without undue delay and restore your E-Money Wallet to the state in which it would have been had the Incorrect Transaction not taken place. We will also endeavour to provide you with reasonable notice where possible. We will also pay any charges for which we are responsible, and for any interest which you can show that you have had to pay as a consequence of any Incorrect Transaction. Irrespective of our liability, on your request, we shall try to trace any Incorrect Transaction initiated by you free of charge. However, we cannot guarantee that we will be able to trace such transactions. 4.j ePayNYC.com ,Appointment of Regulated Third Parties. You may, as set out in Section 3.2, appoint appropriately regulated third parties to access your E-Money Wallet (“Regulated Third Parties”). If you do so, you should be aware that by virtue of such access, that Regulated Third Party may access your transactional and other data, and / or may initiate transfers from your E-Money Wallet. You will be liable for any actions that any Regulated Third Parties take on your ePayNYC.com  Account, as further set out in Section 3.2 above. We reserve the right to refuse access to any Regulated Third Parties, as set out in Section 4.i below. 4.k ePayNYC.com ,Refusing to deal with Regulated Third Parties. We may refuse access to Regulated Third Parties for objectively justified and duly evidenced reasons relating to unauthorised or fraudulent access to your E-Money Wallet, money laundering, terrorist financing, fraud, or any other financial crime, and as required by applicable law. In such cases, unless we are prohibited by applicable law, we will inform you that that Regulated Third Party's access has been denied and the reasons why. We will permit access again once we are satisfied that the reasons for refusing access no longer exist. 4.l ePayNYC.com . Consent. By opening a ePayNYC.com  Account with us you provide your explicit consent to us providing payment services (i.e. the E-Money Services) to you. You can withdraw this consent at any time by closing your ePayNYC.com Account. For the avoidance of doubt, this consent does not relate to our processing of your personal information or your rights under and in accordance with data protection law and regulations. Please see Section 11 (Data Protection) below and our Privacy Policy for information about how we process your personal data, and the rights you have in respect of this. 4.m ePayNYC.com , Financial Ombudsman Service. If you have a complaint relating to the E-Money Services provided to you by Coinbase Payments, and that complaint cannot be resolved through the dispute process set out in Section 10.2, you may then be able to take unresolved complaints to the Financial Ombudsman Service ("FOS"). You agree that you will not raise a complaint with the FOS until the dispute process set out in Section 10.2 has been completed. You can find further information about the FOS and the types of complainants eligible to submit matters to the FOS using the following details: Address: Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR Telephone: 0800 023 4567 or 0300 123 9 123 Email: complaint.info@financial-ombudsman.org.uk Website: http://www.financial-ombudsman.org.uk 5. DIGITAL CURRENCY SERVICES. 5.a In General. Your Digital Currency Wallet enables you to send Digital Currency to, and request, receive, and store Digital Currency from, other users or third parties outside the ePayNYC.com  Platform, by giving instructions through the Site (each such transaction is a "Digital Currency Transaction"). The Digital Currency exchange service enables you to buy Digital Currency on the ePayNYC.com  Platform using:    (1) E-Money from your E-Money Wallet;    (2) Central bank issued currency (such as GBP or EUR) supported by ePayNYC.com ; and/or    (3) Other types of Digital Currency in your Digital Currency Wallet. Conversely, when you sell on the ePayNYC.com  Platform, Digital Currency you may elect to receive:    (4) E-Money into your E-Money Wallet;    (5) Central bank issued currency (such as GBP or EUR,USD) supported by ePayNYC.com ; and/or    (6) Other types of Digital Currency in your Digital Currency Wallet. ePayNYC.com  facilitates and enables the purchase and sale of Digital Currency between its customers on the ePayNYC.com  Platform. 5.B Fiat Currency Transactions (not using your E-Money Wallet). You may purchase supported Digital Currency by linking a valid payment method to your Digital Currency Wallet. You authorise us to debit funds using your selected payment method(s) to complete your purchase. Although we will attempt to deliver Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before the status of your Digital Currency Transaction is shown as complete, and the Digital Currency is delivered to your Digital Currency Wallet. You may sell Digital Currency in exchange for fiat currency (such as USD,GBP or EUR) supported by ePayNYC.com . In such circumstances, you authorise us to debit your Digital Currency Wallet and to send instructions to credit your selected payment method(s) in settlement of sell transactions. We will send these instructions as soon as reasonably possible. Any fiat currency should be credited to your selected payment method(s) by the end of the business day after we send such instructions. 5.C Transaction Fulfilment. We will make reasonable efforts to fulfil all purchases of Digital Currency, but in some circumstances, we may be unable to. If this is the case, we will notify you and seek your approval to re-attempt the purchase at the current Exchange Rate (as defined below). 5.d Availability of Payment Methods. The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third party payment processors. 5.e Conversion Fees. Each purchase or sale of Digital Currency is subject to a fee (a "Conversion Fee"). The applicable Conversion Fee will be displayed to you on the Site prior to each transaction and is stated in each receipt we issue to you. We may adjust our Conversion Fees at any time. We will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of your transaction. A full list of Coinbase Europe's fees can be found on our Pricing and Fees Disclosures page. 5.f Exchange Rates. Each purchase or sale of Digital Currency is also subject to the Exchange Rate for the given transaction. The "Exchange Rate" means the price of a given supported Digital Currency in fiat currency as quoted on the Site. The Exchange Rate is stated either as a "Buy Price" or as a "Sell Price", which is the price at which you may buy or sell Digital Currency, respectively. ePayNYC.com ,You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a transaction. You can learn more about ePayNYC.com  Europe’s Exchange Rates on our ‘Pricing and Fees Disclosures’ page on the Site. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Digital Currency on the open market at any particular price or time. 5.g Authorisations; Reversals; Cancellations. By clicking the ‘Buy’ or ‘Sell’ button on the Site, you are authorising ePayNYC.com  to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion Fees and Exchange Fees and any other fees. ePayNYC.com ,You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorise us, in our sole discretion, either to cancel the transaction or to debit your other payment methods, including balances on your E-Money Wallet and/or Digital Currency Wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider. ePayNYC.com  reserves the right to suspend access to ePayNYC.com  Services (including ePayNYC.com ) until such insufficient payment is addressed. 5.h Digital Currency Transactions. We will process Digital Currency Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requestee or other third party and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete. ePayNYC.com ,Digital Currency Transactions cannot be reversed once they have been broadcast to the relevant Digital Currency network. If you initiate a Digital Currency Transaction by entering the recipient's email address and the recipient does not have an existing ePayNYC.com  Account, we will invite the recipient to open a ePayNYC.com  Account. If the recipient does not open a ePayNYC.com  Account within 30 days, we will return the relevant Digital Currency to your Digital Currency Wallet. We may charge network fees (“miner fees”) to process a Digital Currency Transaction on your behalf. We will calculate the miner fees at our discretion, although we will always notify you of the miner fees at (or before) the time you authorise the Digital Currency Transaction. A full list of ePayNYC.com  Europe's miner fees can be found on our ‘Pricing and Fees Disclosures’ page on the Site. Miner fees for each individual transaction will be disclosed to you at the time of purchase on the checkout page. When you or a third party sends Digital Currency to a ePayNYC.com ePayNYC  Digital Currency Wallet from an external wallet not hosted on ePayNYC.com , the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of miner fees in order for the transaction to be completed successfully. Non-payment of miner fees may cause your transaction to remain in a pending state outside of ePayNYC.com  Europe’s control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A Digital Currency Transaction is not complete while it is in a pending state. Digital Currency associated with Digital Currency Transactions that are in a pending state will be designated accordingly and will not be included in your Digital Currency Wallet balance or be available to conduct Digital Currency Transactions until confirmed by the network. We may also refuse to process or cancel any pending Digital Currency Transaction as required by law, regulation or any court or other authority to which ePayNYC.com  is subject in any jurisdiction, for instance, if there is suspicion of money laundering, terrorist financing, fraud, or any other financial crime. 5.I Supported Digital Currencies. Our Digital Currency Services are available only in connection with those digital currencies that Coinbase supports (“Supported Digital Currencies”), and this may change from time to time. ePayNYC.com ,Under no circumstances should you attempt to use your Digital Currency Wallet to store, send, request, or receive digital currencies in any form that we do not support. We assume no responsibility or liability in connection with any attempt to use your Digital Currency Wallet for digital currencies that we do not support. You acknowledge and agree that ePayNYC.com  bears no responsibility and is not liable for any unsupported asset that is sent to a wallet associated with your ePayNYC.com  Account. If you have any questions about which Digital Currencies we currently support, please visit https://support.ePayNYC.com 5.i Ending support of a Digital Currency. ePayNYC.com  may in its sole discretion terminate support for any Digital Currency. ePayNYC.com  will provide you no less than 10 days notice (unless a shorter period is required by applicable law or a regulatory authority) via email to the email address associated with your ePayNYC.com  account to announce the end of such support. If you do not sell or send such Digital Currency off platform during this time, ePayNYC.com  reserves the right to withdraw such Digital Currencies from your account and credit your ePayNYC.com  account with the market value of a supported Digital Currency or a fiat currency (which denomination will be selected in our reasonable discretion). 5.j USDC Wallets. Where available, you may also elect to buy USD Coin from ePayNYC.com , a Digital Currency fully collateralized by the US Dollar, which is issued by Circle Internet Financial (“Circle”) and supported by ePayNYC.com  (“USDC”). You are the owner of the balance of your “USDC Wallet” (i.e. the Digital Currency Wallet provided to you by ePayNYC.com  Europe to hold USDC and through which Digital Currency Transactions in USDC can be carried out). ePayNYC.com  is not the issuer of USDC, does not hold U.S. Dollars (“USD”) on reserve for USDC holders, and has no obligation to repurchase your USDC for USD. You can redeem your USDC with Circle, and ePayNYC.com  may also elect to repurchase your USDC in exchange for USD. You agree to be bound by the terms of the Circle USDC Agreement (located at https://support.usdc.circle.com/hc/en-us/articles/360001233386-Circle-USDC-User-Agreement), which provides additional obligations, undertakings, and limitations with respect to USDC. 5.k Recurring Digital Currency Transactions. If you set up a recurring purchase of Digital Currency (a "Future Transaction"), you authorise us to initiate recurring electronic payments in accordance with your selected Digital Currency Transaction and any corresponding payment accounts, such as direct debits from, or credits to, your linked bank account. Your Future Transactions will occur in identical, periodic instalments, based on your period selection (e.g., daily, weekly, monthly), until either you or ePayNYC.com  cancels the Future Transaction. ePayNYC.com ,If you select a bank account as your payment method for a Future Transaction, and such transaction falls on a weekend or public holiday in the location in which the relevant bank is located, or after the relevant bank’s business hours, the credit or debit will be executed on the next business day, although the Digital Currency fees at the time of the regularly-scheduled transaction will apply. If your bank is unable to process any payment to ePayNYC.com , we will notify you of cancellation of the transaction and may avail ourselves of remedies set forth in this Agreement to recover any amount owed to ePayNYC.com . This authorisation will remain in full force and effect until you change your Future Transaction settings or until you provide us with written notice via https://help.ePayNYC.com . You agree to notify ePayNYC.com in writing of any changes in your linked bank account information prior to a Future Transaction. ePayNYC.com  may, at any time, terminate Future Transactions by providing notice to you. 5.L Supplemental Protocols Excluded. Unless specifically announced on the Site or via an official public statement of ePayNYC.com , Supported Digital Currencies excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Currency. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a Supported Digital Currency (collectively, “Supplemental Protocols”). Do not use your ePayNYC.com  Account to attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such Supplemental Protocols, as the ePayNYC.com  Platform is not configured to detect, secure, or process these transactions and functionalities. Any attempted transactions in such items will result in loss of the item. You acknowledge and agree that Supplemental Protocols are excluded from Supported Digital Currency and that ePayNYC.com  has no liability for any losses related to Supplemental Protocols. 5.m Operation of Digital Currency Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. Generally, the underlying protocols are ‘open source’ and anyone can use, copy, modify, and distribute them. ePayNYC.com ,We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee the functionality or security of network operations. You acknowledge and accept the risk that underlying software protocols relating to any Digital Currency you store in your Digital Currency Wallet may change. ePayNYC.com ,In particular, the underlying protocols are likely to be subject to sudden changes in operating rules (including “forks”). Any such material operating changes may materially affect the availability, value, functionality, and/or the name of the Digital Currency you store in your Digital Currency Wallet. ePayNYC.com  does not control the timing and features of these material operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by ePayNYC.com  in determining whether to continue to transact in the affected Digital Currency using your ePayNYC.com  Account. In the event of any such operational change, ePayNYC.com  reserves the right to takes such steps as may be necessary to protect the security and safety of assets held on the ePayNYC.com  Platform, including temporarily suspending operations for the involved digital currency(ies), and other necessary steps; ePayNYC.com  will use its best efforts to provide you notice of its response to any material operating change; however, such changes are outside of ePayNYC.com ’s control and may occur without notice to ePayNYC.com . ePayNYC.com ’s response to any material operating change is subject to its sole discretion and includes deciding not to support any new digital currency, fork, or other actions. You acknowledge and accept the risks of operating changes to Digital Currency protocols and agree that ePayNYC.com  is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that ePayNYC.com  has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported currencies or protocols. 5.n Digital Currency Storage & Transmission Delays. The ePayNYC.com  Group securely stores Digital Currency private keys, in a combination of online and offline storage. Our security protocols may delay the initiation or crediting of a Digital Currency Transaction. 5.o Third party Payments. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or receive from, or sell or transfer to, any third party (including other users of the Digital Currency Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, any third party using Digital Currency transferred using the Digital Currency Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify ePayNYC.com  Support at: support@ePayNYC.com  so that we may consider what action to take, if any. 5.p ePayNYC.com  Vaults. ePayNYC.com  does not support the use of multisig vaults. You may elect to use other services, such as the ePayNYC.com  Vault, which allow you to set withdrawal time-delays and create other conditions around the custody and transfer of your Digital Currency. Additional rules associated with such product(s) and service(s) may apply. For more information on ePayNYC.com  Vaults, please visit: https://support.ePayNYC.com 5.r Digital Currency Title. All Digital Currencies held in your Digital Currency Wallet are assets held by the ePayNYC.com  for your benefit on a custodial basis. Among other things, this means:    (1) Title to Digital Currency shall at all times remain with you and shall not transfer to any company in the ePayNYC.com . As the owner of Digital Currency in your Digital Currency Wallet, you shall bear all risk of loss of such Digital Currency. No company within the ePayNYC.com  Group shall have any liability for fluctuations in the fiat currency value of Digital Currency held in your Digital Currency Wallet.    (2) None of the Digital Currencies in your Digital Currency Wallet are the property of, or shall or may be loaned to, ePayNYC.com ; ePayNYC.com  does not represent or treat assets in a user’s Digital Currency Wallets as belonging toePayNYC.com . ePayNYC.com  may not grant a security interest in the Digital Currency held in your Digital Currency Wallet. Except as required by a facially valid court order, or except as provided herein, ePayNYC.com  will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Currency in your Digital Currency Wallet unless instructed by you or compelled by a court of competent jurisdiction to do so.    (3) You control the Digital Currencies held in your Digital Currency Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Currency by sending it to a different blockchain address controlled by you or a third party.    (4) In order to more securely hold customer Digital Currency, the ePayNYC.com may use shared blockchain addresses, controlled by a member of the ePayNYC.com , to hold Digital Currencies held on behalf of customers and/or held on behalf of ePayNYC.com  Europe. Customers’ Digital Currency is segregated from the ePayNYC.com ’s (including ePayNYC.com  Europe’s) own Digital Currency or funds by way of separate ledger accounting entries for customer and ePayNYC.com  Group accounts. Notwithstanding the foregoing, the ePayNYC.com  shall not have any obligation to use different blockchain addresses to store Digital Currencies owned by you and Digital Currencies owned by other customers or by the ePayNYC.com  Group. ePayNYC.com  is under no obligation to issue any replacement Digital Currency in the event that any Digital Currency, password or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible. 6. TRANSACTIONS LIMITS AND ENHANCED DUE DILIGENCE 6.a Transactions Limits. The use of all ePayNYC.com  Services is subject to a limit on the volume, stated in USD, GBP, EUR or other fiat currency or Digital Currency, you may transact or transfer in a given period (e.g. daily). Please see Appendix 2 (Verification Procedures and Limits) for further details. To view your limits, login to your ePayNYC.com  Account and visit https://www.ePayNYC.com /verifications. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at https://support.ePayNYC.com. 6.B Enhanced Due Diligence. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with ePayNYC.com  staff if you wish to raise your limits ("Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance so that you can decide whether you wish to proceed with the request. In our discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence. 7. SUSPENSION, TERMINATION, AND CANCELLATION. 7.1 Suspension, Termination and Cancellation. We may: (a) refuse to complete, or place on hold, block, cancel or reverse a transaction you have authorised (even after funds have been debited from your ePayNYC.com  Account), (b) suspend, restrict, or terminate your access to any or all of the ePayNYC.com  Services, and/or (c) deactivate or cancel your ePayNYC.com  Account with immediate effect for any reason, including but not limited to where:    (1) we reasonably believe that we need to do so in order to protect our reputation;    (2) we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;    (3) we reasonably suspect you of acting in breach of this Agreement;    (4) we reasonably suspect you to have breached our ‘Behaviour Policy’ or our ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in Appendix 1);    (5) we have concerns that a transaction is erroneous or about the security of your ePayNYC.com  Account or we suspect that the ePayNYC.com  Services are being used in a fraudulent or unauthorised manner;    (6) we suspect money laundering, terrorist financing, fraud, or any other financial crime;    (7) use of your ePayNYC.com  Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your ePayNYC.com  Account activity; and / or    (8) you take any action that may circumvent our controls such as opening multiple ePayNYC.com  Accounts or abusing promotions which we may offer from time to time. We may also refuse to complete or block, cancel or reverse a transaction you have authorised where there is insufficient E-Money in your E-Money Wallet and / or insufficient Digital Currency in your Digital Currency Wallet to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction or if your credit or debit card or any other valid payment method linked to your ePayNYC.com  Account or Digital Currency Wallet is declined. 7.b If we refuse to complete a transaction and / or suspend, restrict or close your ePayNYC.com Account, and / or terminate your use of ePayNYC.com  Services, we will (unless it would be unlawful for us to do so) provide you with notice of our actions and the reasons for refusal, suspension or closure, and where appropriate, with the procedure for correcting any factual errors that led to the refusal, suspension or closure of your ePayNYC.com  Account. In the event that we refuse to complete a transaction and / or suspend your ePayNYC.com  Account we will lift the suspension or complete the transaction as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist. However, we are under no obligation to allow you to reinstate a transaction at the same price or on the same terms as the suspended, reversed or cancelled transaction. We may suspend, restrict, or terminate your access to any or all of the ePayNYC.com  Services and/or deactivate or cancel your ePayNYC.com  Account, without reason by giving you two months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your ePayNYC.com  Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that ePayNYC.com  is under no obligation to disclose the details of its risk management and security procedures to you. 7.c Consequences of Termination or Suspension. On termination of this Agreement for any reason, unless prohibited by applicable law or by any court or other order to which ePayNYC.com  is subject in any jurisdiction, you are permitted to access your ePayNYC.com  Account:    (1) for ninety (90) days thereafter for the purposes of transferring Digital Currency out of your Digital Currency Wallet(s) and/or out of the ePayNYC.com  Platform; and/or    (2) at any point in the six-year period commencing with the date of the termination of this Agreement for the purposes of transferring E-Money out of your E-Money Wallet and/or out of the ePayNYC.com  Platform. You are not permitted to use the ePayNYC.com  Services or your ePayNYC.com  Account for any other purposes during these periods and we may, at our discretion, limit the functionality of the ePayNYC.com  Platform or access to the Site for you accordingly. If we suspend or close your ePayNYC.com  Account or terminate your use of ePayNYC.com Services for any reason, we reserve the right to require you to re-complete the procedures outlined at Section 3.c (Identity Verification) before permitting you to transfer or withdraw Digital Currency or E-Money. You may cancel your ePayNYC.com  Account at any time by withdrawing all balances in your E-Money Wallet(s) and Digital Currency Wallet(s) and visiting: https://www.ePayNYC.com settings/cancel. You will not be charged for cancelling your ePayNYC.com  Account, although you will be required to pay any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions at the time of cancellation. 8. LIABILITY 8.a Release of ePayNYC.com . If you have a dispute with one or more users of the ePayNYC.com  Services (other than ePayNYC.com ), you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes. 8.b Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement (including without limitation your breach of our ‘Behaviour Policy’ or our ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in Appendix 1)) or your violation of any law, rule or regulation, or the rights of any third party. 8.c Limitations of Liability. ePayNYC.com ’s total aggregate liability to you for any individual claim or series of connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in connection with, any breach by ePayNYC.com  of this Agreement shall be limited to a maximum aggregate value of the combined value of the Digital Currency and E-Money on deposit in your E-Money Wallet and your Digital Currency Wallet at the time of the relevant breach by ePayNYC.com . Where we are considering a specific claim relating to a specific transaction this sum shall be further limited to the purchase / sale amount (as relevant) of the transaction in dispute. 8.d Limitation of loss. In addition to the liability cap at Section 8.c (Limitations of Liability) above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:    (1) any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a Digital Currency Transaction properly, your damages are limited to no more than the combined value of the supported Digital Currency and E-Money at issue in the transaction, and that you may not recover for any "loss" of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell the Digital Currency;    (2) any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same; any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data; and    (3) any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement (whether or not you are able to prove such loss or damage). 8.e Applicable law. The limitation of liability in this Section 8 (Liability) is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the ePayNYC.com  Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors’ negligence. 8.f No Warranties. The ePayNYC.com  Services, the ePayNYC.com  Platform and the Site are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the ePayNYC.com  Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the ePayNYC.com  Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. We make no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the Site. Any materials, information, view, opinion, projection or estimate presented via the Site is made available by ePayNYC.com  for informational purposes only, and is subject to change without notice. You must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value, completeness and reliability of the materials, information, view opinion, projection or estimate provided on the Site and/or the Site. Accordingly, no warranty whatsoever is given by ePayNYC.com  and no liability whatsoever is accepted by ePayNYC.com  for any loss arising whether directly or indirectly as a result of you acting on any materials, information, view, opinion, projection or estimate provided in or made available through the Site and/or the Site. The ePayNYC.com Services, ePayNYC.com  Platform and Site are not intended to provide specific investment, tax or legal advice or to make any recommendations about the suitability of any investments or products for any particular investor. You should seek your own independent financial, legal, regulatory, tax or other advice before making an investment in the investments or products. In the event that you choose not to seek advice from a relevant adviser, you should consider whether the investment or product is suitable for you. We will make reasonable efforts to ensure that Digital Currency Transactions, requests for debits and credits involving Digital Currency Wallets, E-Money Wallets, bank accounts, credit and debit cards are processed in a timely manner but ePayNYC.com  makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and cheque issuances are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control. ePayNYC.com ,Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the ePayNYC.com  Services and Site. 8.g No Liability for Breach. We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules. 9. SITE AVAILABILITY AND ACCURACY 9.a Access & Availability. Access to ePayNYC.com  Services may become degraded or unavailable during times of significant volatility or volume. This could result in limitations on access to yourePayNYC.com  Account or the ePayNYC.com  Services, including the inability to initiate or complete transactions and may also lead to support response time delays.    (1) although we strive to provide you with excellent service, we do not guarantee that the Site or other ePayNYC.com  Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open or that your ePayNYC.com  Account will be accessible; and    (2) please note that our customer support response times may be delayed, including during times of significant volatility or volume, especially for non-trust and safety issues. Under no circumstances shall ePayNYC.com  be liable for any alleged damages arising from service interruptions, delays in processing transactions, or lack of timely response from ePayNYC.com  customer support. 9.b Website Accuracy. Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the Content (as defined below)) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions. ePayNYC.com ,Links to third party materials (including without limitation any websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third party materials accessible or linked to from the Site. 10. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION 10.a Contact ePayNYC.com . If you have any feedback, questions, or complaints, contact us via our ‘Customer Support’ webpage at https://help.ePayNYC.com . When you contact us please provide us with your name, email address, and any other information that we may need to identify you, your ePayNYC.com Account, and the transaction on which you have feedback, questions, or complaints. 10.b Complaints. If you have a dispute with ePayNYC.com , you agree to contact our support team in the first instance to attempt to resolve such dispute. If we cannot resolve the dispute through our support team, you and we agree to use the complaints process set out in this Section 10.b. You agree to use this process before commencing any action as set out in Section 10.e. If you do not follow the procedures set out in this Section 10.b before pursuing action under Section 10.d, we shall have the right to ask the relevant court/authority to dismiss your action/application unless and until you complete the following steps: In the event of a complaint which has not been resolved through your contact with ePayNYC.com  Support, please use our complaint form to set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. The complaint form can be found on the ePayNYC.com  support pages, help.ePayNYC.com or can be requested from ePayNYC.com  Customer Support. We will acknowledge receipt of your complaint form after you submit it. A customer complaints officer (an "Officer") will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided, and any information provided by Coinbase. Within 15 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an email ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In certain circumstances, if the Officer is unable to respond to your complaint within 15 business days, the Officer will (unless prohibited by applicable law) send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint). Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint. 10.c If we have not been able to resolve your complaint via the complaint process set out in Section 10.b above, you may escalate your complaint via the dispute processes set out in Sections 10.e(1) to 10.d(2) below as applicable to you. 10.e Both you and we agree that we shall not commence any of the dispute processes set out at Sections 10.e(1) to 10.4(2) below in relation to the whole or part of your complaint until the complaint process set out in Section 10.b has been completed, although nothing in Section 10.b or in this Section 10.e shall be construed as preventing either party from seeking conservatory or similar interim relief in any court of competent jurisdiction:    (1) E-Money Services. If your complaint relates to any E-Money Services, you may be entitled to take that complaint to the FOS as further described in Section 4.13.    (2) For complaints or disputes arising out of or in connection with this Agreement or the provision of ePayNYC.com  Services, the ePayNYC.com  Platform or the Site, that cannot be resolved via the complaint process set out in Section 10.b above, you submit to the non-exclusive jurisdiction of the courts of England and Wales without prejudice to any mandatory rights available to consumers (being individuals not engaged in conduct related to their trade, business or profession, “Consumers”) to commence proceedings against ePayNYC.com  before the courts of the jurisdiction in which they are domiciled. 11. DATA PROTECTION. 11.a Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future provide) to us in relation to your employees and other associates, or other individuals (if you are not an individual), in connection with this Agreement, or the ePayNYC.com  Services. We will process this personal data in accordance with the Privacy Policy, which shall form part of this Agreement. Accordingly, you represent and warrant that:       (1) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;    (2) before providing any such personal data to us, you acknowledge that you have read and understood our Privacy Policy, a copy of which is available here: Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided the individual with a copy of, or directed the individual towards a webpage containing that Privacy Policy (as amended from time to time); and    (3) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided to us. 12. SECURITY 12.a Password Security. In order to access ePayNYC.com  Services, you will be required to create or will be given security details, including a username and password. You are responsible for keeping the electronic device through which you access ePayNYC.com Services safe and maintaining adequate security and control of any and all security details that you use to access the ePayNYC.com  Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and ensuring that such electronic device is both encrypted and password protected. ePayNYC.com ,Any loss or compromise of your electronic device or your security details may result in unauthorised access to your ePayNYC.com  Account by third-parties and the loss or theft of any E-Money, Digital Currency and/or funds held in your ePayNYC.com  Account and any associated accounts, including your linked bank account(s) and credit card(s). You must keep your security details safe at all times. For example, you should not write them down or otherwise make them visible to others. You should never allow remote access or share your computer and/or computer screen with someone else when you are logged on to your ePayNYC.com  Account. ePayNYC.com  will never under any circumstances ask you for your IDs, passwords, or 2-factor authentication codes or to screen share or otherwise seek to access your computer or account. You should not provide your details to any third party for the purposes of remotely accessing your account unless specifically authorised in accordance with Sections 3.2 and 4.10. Always log into your ePayNYC.com  Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Coinbase and/or failure to follow the requirements set out in this Section 12.1, or follow or act on any notices or alerts that we may send to you. 12.b Authentication and Verification. In order to access ePayNYC.com  Services users are required to provide an email address and create a password. ePayNYC.com  offers two-factor authentication via a user’s mobile device (Short Message Service (“SMS”) or a supported Time-based One Time Password application). A verified phone number is required to enable two-factor authentication via SMS. Users are responsible for keeping electronic devices through which ePayNYC.com  Services are accessed safe and maintaining adequate security and control of any and all security details that are used to access the ePayNYC.com  Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of said electronic devices and ensuring that said electronic devices are password protected. Any loss or compromise of personal electronic devices or security details may result in unauthorised access of a user’s ePayNYC.com  Account by third-parties and the loss or theft of any E-Money, Digital Currency and/or funds held in your ePayNYC.com  Account and the misuse of any associated accounts, including linked bank account(s) and credit/debit card(s). 12.c Security Breach. If you suspect that your ePayNYC.com  Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or ePayNYC.com  (together a “Security Breach”), you must:    (1) notify ePayNYC.com  Support as soon as possible by email free of charge at: trust@ePayNYC.com .    (2) continue to provide accurate and up to date information throughout the duration of the Security Breach; and    (3) you must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter. 12.e Safety and Security of Your Computer and Devices. ePayNYC.com  is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. 13. GENERAL 13.a Your Compliance with Applicable Law. You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the ePayNYC.com  Services, the ePayNYC.com  Platform and the Site. 13.b Limited Licence. We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of ePayNYC.com  and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "ePayNYC.com ", "ePayNYC" and all logos related to the ePayNYC.com  Services or displayed on the Site are trade marks or registered marks of Coinbase or its licensors. You may not copy, imitate or use them without our prior written consent. 13.c Prohibited and Conditional Use. In connection with your use of the ePayNYC.com  Services, and your interactions with other users and third parties, you agree to comply with the ‘Policy on Prohibited Use, Prohibited Businesses and Conditional Use’ (as set out in Appendix 1). Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any licence or right for the E-Money or Digital Currency to be used for illegal, unlawful, fraudulent, unethical, or unauthorised purposes or to promote or facilitate any illegal, unlawful, fraudulent, unethical or unauthorised activities. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. 13.e Export Controls & Sanctions. Your use of the ePayNYC.com  Services and the Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Currency through the Site or ePayNYC.com  Services, you agree that you will comply with those requirements. You are not permitted to acquire Digital Currency or use any of the ePayNYC.com  Services through the Site if:       (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, the European Union or HM Treasury's financial sanctions regimes (each a "Sanctioned Country"), or if you are a person on the economic sanctions lists as published from time to time by applicable authorities (including, but not limited to the Office of Financial Sanctions Implementation (part of HM Treasury), the U.S. Commerce Department's Denied Persons List, Unverified List, or Entity List, or the EU financial sanctions regime) (a "Sanctioned Person"); or    (2) you intend to supply any acquired or stored Digital Currency or E-Money or Coinbase Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person. 13.f Amendments. We will notify you of any change to the Agreement relating to E-Money Services by email at least two months in advance. In such circumstances, you will be deemed to have accepted the change if you do not notify us otherwise prior to the date the change takes effect and continue to use the ePayNYC.com  Services. If you do not accept the change you should let us know, and the Agreement will terminate at the end of the two-month notice. You may also end the Agreement immediately and free of charge with effect at any time before the expiry of the two-month notice. We may make all other amendments to the Agreement (including in relation to any other ePayNYC.com  Services) by posting the revised Agreement on the Site or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your ePayNYC.com  Account and cease using the ePayNYC.com  Services. You agree that any notification of amendments in the manner as aforesaid shall be sufficient notice to you, and your continued access and/or use of ePayNYC.com  Services and/or the Site shall constitute an affirmative acknowledgement by you of the amendments and shall be deemed to be your acceptance of the revised Agreement. Copies of the most up-to-date version of the Agreement will be made available in the Site at all times. 13.g Relationship of the Parties. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or ePayNYC.com  to be treated as partners or joint ventures, or either you or ePayNYC.com  to be treated as the agent of the other. 13.h Privacy of Others. If you receive information about another user through the ePayNYC.com  Services, you must keep the information confidential and only use it in connection with the ePayNYC.com  Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through the ePayNYC.com  Services. 13.I Contact Information. You are responsible for keeping your contact details (including your email address and telephone number) up to date in your ePayNYC.com  Account profile in order to receive any notices or alerts that we may send to you (including notices or alerts of actual or suspected Security Breaches). Please see Appendix 3 for more detail in relation to how we will communicate with you. 13.i Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the ePayNYC.com  Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. Your transaction history is available through your ePayNYC.com Account. 13.j Unclaimed Property. If we hold E-Money or Digital Currency on your behalf, and we are unable to contact you and have no record of your use of the ePayNYC.com  Services for several years, applicable law may require us to report the E-Money or Digital Currency as unclaimed property to the authorities in certain jurisdictions. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such E-Money or Digital Currency to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law. 13.k Death of Account Holder. For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your ePayNYC.com  Account and during this time, no transactions may be completed until: (i) your designated executor / trustee has opened a new ePayNYC.com  Account, as further described below, and the entirety of your ePayNYC.com  Account has been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, the executor / trustee you have designated in a valid Will or similar testamentary document will be required to open a new ePayNYC.com  Account. If you have not designated an executor / trustee, then we reserve the right to (i) treat as your executor / trustee any person entitled to inherit your ePayNYC.com  Account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a Will or similar document, or (ii) require an order designating an executor / trustee from a court having competent jurisdiction over your estate. In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the executor / trustee designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your ePayNYC.com  Account. Pursuant to the above, the opening of a new ePayNYC.com  Account by a designated executor / trustee is mandatory following the death of a ePayNYC.com Account owner, and you hereby agree that your executor / trustee will be required to open a new ePayNYC.com  Account and provide the information required under Section 3 of this Agreement in order to gain access to the contents of your ePayNYC.com  Account. 13.L Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and ePayNYC.com as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and ePayNYC.com . 13.m Interpretation. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement. 13.n Transfer and Assignment. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving ePayNYC.com , provided that this transfer or assignment does not materially impact the quality of the ePayNYC.com  Services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. 13.o Security Interests. You must not create security over your E-Money or Digital Currency unless you have sought our prior approval in writing. 13.p Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced. 13.r Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time. 13.s Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail. 13.t Change of Control. In the event that ePayNYC.com  is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control. 13.u Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, ePayNYC.com  Account cancellation, debts owed to ePayNYC.com , general use of the ePayNYC.com  Platform or Site, disputes with ePayNYC.com , and general provisions will continue to be binding and operate after the termination or expiration of this Agreement. 13.v Governing Law. This Agreement and the relationship between us shall be governed by the laws of USA, England and Wales, subject to any local mandatory law, or rights available to Consumers.   You understand and agree that you are responsible for any and all orders, trades, and other instructions entered into ePayNYC.com  including identifiers, permissions, passwords, and security codes associated with your ePayNYC.com  Account. For any other information and concern please email to sales@mediamarketus.com