Terms and Conditions
Last update: June 2019
Please review the terms of service contained herein carefully. By clicking “I agree” or accessing and/or using any of the Services provided by Pepeeta Srl (or,as follow, “The Company”), You have read, understood, and accepted all of the following Terms, as well as all of the terms which are incorporated herein by reference.
1. Rights and Obligations
The following terms and conditions (the “Terms”) constitute a binding agreement between , a limited company registered under the laws of Republic of Italy and the European Union , registered at the number RM – 1575043 Register of CCIA of Rome (ITA) under and with registered address at Via dell’Acquedotto Paolo, 80 Rome and the person, persons, or entity (“You” or “Your”) accessing and/or using website at https://www.pepeeta.com online services, Android and iOS mobile apps, and, in general, any other service provided by The Company,(the “Services”).
By accessing and or using the Services, You have read, understood, and accepted all of the following Terms and agree to be legally bound by these Terms; You further represent and warrant that: (1) You are of legal age to enter into a binding agreement; and (2) if You represent a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms. Your access and/or use of the Services is necessary contingent upon Your acceptance of these Terms.
The Company may amend, modify or change these Terms at any time. Amendments will be effective 14 (fourteen) days after the modified terms and conditions have been posted on The Company website at https://www.pepeeta.com or on The Company’s Android and iOS mobile apps, except for amendments that relate to new features or made for legal reasons, which will become effective immediately. If You do not agree to such modified terms, You should finish Your use of the Services.
2.1 The Dashboard
The Company, through the Services, enables You to buy, sell,use and manage the Services you find on the website of the company and digital assets by an Account that lets You store, send, request and receive traditional currencies, and digital assets. All transactions requested and/or made through the Dashboard are irreversible ‘cause are under blockchain system network.
The Dashboard is not and shall not be deemed as an account where The Company or other third parties serve as custodians of Your currencies or digital assets.
By accessing and/or using the Services, You acknowledge and agree that The Company cannot guarantee the confirmation of any transaction on any blockchain network. So the Company has no control over any blockchain network. The Company provides You with the means to secure Your Account and help ensure You, and only You, are able to access and transact through Your Account, including mnemonics, personal identification numbers (PINs) and private key pairs. The company does not store or have access to Your mnemonics, PINs or private key pairs. You shall be solely responsible for safekeeping Your mnemonics, PINs, private keys, and any other means of authentication You use to access to Your Account. If You lose such means of authentication, the Company has no way to recover them for You. As a consequence of such loss, You may permanently lose access to any data, currencies or digital assets You have bought, sold or stored by or in Your Account.
2.3 Use of the services
The Company is required by law to obtain, verify, and record information identifying any person accessing and/or using certain Services (such as the dApps). Therefore, to access and/or use of certain Services (such as the dApps) You have to follow a process prepared, made and managed by the Company in order to verify Your identity.
You have to provide true, current and complete information about Yourself during the process described above. If You are a representative of a corporation, governmental organization or other legal entity, You must prove that You have the right, power and authority to enter into these Terms on behalf of the corporation, governmental organization or other legal entity and to legally bind it to these Terms.
So, in any case, The Company may require You to provide documentation to verify the information You have submitted to including, without limitation, an identification card or a passport, a utility bill, a bank statement or any document proving Your identity issued by a governmental body.
You acknowledge and agree that The Company may transfer the information collected as part of the identification process to other companies affiliated to the Company, including to foreign entities, for the purposes of accessing the services provided by those entities.
2.4 Service limitations and modifications
The Company will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, The Company reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, without liability to You, for any interruption, modification, or discontinuation of the Services or any function or feature thereof.
3. Intellectual property rights
You acknowledge and agree that the Services are the property of The Company or its licensors. Subject to Your compliance with these Terms, the Company grants You a limited right to access and/or use the Services. The right to access and/or use the Services is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives You any licence (other than as set out in this section), right, title, or ownership of, in, or to any of the Services.
You acknowledge and agree that The Company retains all rights, title, and interest in and to all copyrights, trademarks, softwares, trade secrets, patents, and any other proprietary rights in the Services, and all content therein. You acknowledge and agree that Pepeeta its trademark, service mark, logo and graphics are the registered trademarks or trademarks of The Company.
The Company may terminate these Terms or suspend Your access to the Services at any time, including, without limitation, in the event of Your alleged or actual misuse of the Services or breach of these Terms.
6. Limitation of liability
In no event will the Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not the Company was advised of the possibility of such damages. Without limiting the generality of the foregoing, the Company takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Services, including, without limitation, to any of the following:
(1) loss of or inability to access or transact data or digital assets;
(2) technical failure, malfunction or shutdown;
(3) server failure, hacks or unavailability;
(4) data loss;
(5) stolen, lost, or unauthorized use of Your means of authorization;
(6) errors calculating network fees;
(7) corrupted data on the company’s servers;
(8) incorrectly constructed transactions or mistyped wallet addresses;
(9) failure to update or provide correct information;
(10) “phishing” or other websites masquerading as Pepeeta.com;
(11) delays, interruption or loss of services;
(12) loss of business or goodwill. The Services support are integrated with third party services. The Company takes no responsibility for any third party services and will not be liable for any loss or damages caused by such third party services.
The Services are provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. The Company disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
In no event will the aggregate liability of THE COMPANY, arising out of or related to these Terms and/or the Services, exceed the amount of EUR 1.
By accessing, sell, buy, manage and/or using the Services by Your Account, You acknowledge and agree that You shall not use the Services if applicable laws, based on Your country of location, residency and/or citizenship, prohibit You from doing so in accordance with these Terms. By accessing and/or using the Services, You acknowledge and agree that You shall not use, or assist third parties, to use the Services any way which may constitute a contravention of applicable laws or which may contradict the purposes or hinder the operations of the Services or hinder the operations of other users of the Services. Without limitation to the foregoing, You acknowledge and agree that You shall not use, or assist third parties to use the Services to, without limitation, avoid taxes, engage into activities that may amount to market abuse (including, without limitation, front-running, wash trades, etc.), engage into illegal gambling, frauds, money laundering or terrorist activities.
To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify The company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of (1) Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties; (2) Your alleged or actual use or misuse of the Services; and (3) Your alleged or actual infringement or violation of any laws or of the rights of a third party.
You shall be solely responsible for any taxes applying to the payments You make or receive trough the Services, and to collect, report, and remit such taxes to the appropriate tax authorities of your Nation.
10. Anti money laundering and counter terrorist financing
The Company is committed to applying the italian ad UE laws against money laundering and providing You with safe, compliant, and reputable Services. This includes monitoring of suspicious transactions and mandatory reporting to the supervisory authorities. For reaching this goal,the Company shall keep information and documentation on file for a period of ten years after the termination of the relevant business relationship or from the completion of the relevant transaction.
11.1 Entire agreement
These Terms constitute all the terms and conditions agreed upon between You and the Company and supersede and cancel any prior agreements in relation to the subject matter of these Terms.
11.2 Severability and waiver
Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.
The failure of the Company to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of Company’s rights to do so.
The Company may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party.
11.4 No partnership
Nothing contained in this Agreement shall be deemed or construed to create an agent, partnership or joint venture relationship between You and the Company.
11.5 Force majeure
The Company will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labor disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond Company’s reasonable control.
11.6 Governing law and jurisdiction
These Terms and Condition are subject to and governed by the law of the Republic of Italy. All disputes arising from or under these Terms shall be subject to the exclusive jurisdiction of the competent courts of Rome.
11.7 Time bar
You acknowledge and agree that any claim or cause of action arising out of or in connection with the Services shall be commenced within 10 year after its occur; thereafter, any such claim or cause of action shall be permanently barred.
If You have any questions regarding these Terms, please contact us at legal[at]pepeeta.com.