Last updated: Oct 1, 2019
Mercury Cash-branded services are provided by Tulecy OÜ, an Estonian limited liability company, for operations within the EU jurisdiction and Adventurous Entertainment LLC, a Florida limited liability company, for Florida residents and other countries outside the EU jurisdiction (the "Company").
PART 1: GENERAL USE
1.1. Eligibility. To be eligible to use the Mercury Cash platform, you must be at least 18 years old or have reached the applicable age of majority and contractual capacity of the jurisdiction of residence.
1.2. Mercury Cash Services. Your Mercury Cash account ("Mercury Cash Account") encompasses the following basic services:
The risk of loss in holding Digital Currency can be substantial, therefore, you should carefully consider if holding Digital Currency is suitable for you in light of your financial condition.
1.3. Referral Program. The Mercury Cash referral program allows you to earn a bonus for each successful referral. A referral is considered as “successful” when the new user has purchased at least $100 USD worth of Digital Currency. Mercury Cash may suspend your account if unusual activity related to this program is detected.
2.1. Registration of Mercury Cash Account. In order to use any of the Mercury Cash Services, you must first register by providing your name, email address, password, and acknowledging your acceptance of these Terms and Conditions. Mercury Cash may, in its sole discretion, refuse to open an account or limit the number of accounts that a single user may establish and maintain at any time.
2.2. Identity Verification. In order to use certain features of the Mercury Cash Services, including certain transfers of Digital Currency and/or government-issued currency ("Fiat Currency"), you may be required to provide Mercury Cash with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, social security number (for U.S. Citizens), taxpayer identification number (for Non-U.S. Citizens), government identification number, information about your profession or business activity, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you certify that the information is accurate and authentic, and you agree to update Mercury Cash if any information changes.
You hereby authorize Mercury Cash to make, directly or through third parties, any inquiries we consider necessary to verify your identity and protect the company against fraud, money laundering or terrorist financing. That includes querying identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), querying account information associated with your linked bank account (e.g., name or account balance), and taking any actions we deem reasonably necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
3.1. In General. The Hosted Digital Currency Wallet services allow you to send supported Digital Currency to, and request, receive, and store supported Digital Currency from, third parties pursuant to instructions you provide through the Mercury Cash Site (each transaction is a "Digital Currency Transaction"). Mercury Cash reserves the right to process or cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. Mercury Cash cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. The Hosted Digital Currency Wallet services are available only in connection with those Digital Currencies that Mercury Cash, in its sole discretion, decides to support. The Digital Currencies that Mercury Cash supports may change from time to time. If you have any questions about which Digital Currencies Mercury Cash currently supports, please contact email@example.com. Under no circumstances you should attempt to use your Hosted Digital Currency Wallet services to store, send, request, or receive digital currencies in any form that are not supported by Mercury Cash. Mercury Cash assumes no responsibility or liability in connection with any attempt to use Mercury Cash Services for digital currencies that Mercury Cash does not support.
3.2. Digital Currency Transactions. Mercury Cash processes supported Digital Currency according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requester, or another party. You should verify all transaction information prior to submitting instructions to Mercury Cash. In the event that you initiate a Digital Currency Transaction by entering the recipient's email address and the recipient does not have an existing Mercury Cash Account, Mercury Cash will email the recipient and invite them to open a Mercury Cash Account. If the designated recipient does not open a Mercury Cash Account within 30 days, Mercury Cash will return the supported Digital Currency associated with the transaction to your Mercury Cash Account. 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 transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Mercury Cash Account balance or be available to conduct transactions. When Digital Currency Transactions are made from an external Wallet to a Mercury Cash wallet, an Internal Fee will be deducted to the client. Mercury Cash may charge network fees (miner fees) and internal fees to process a Digital Currency transaction on your behalf or at your name. Mercury Cash will calculate the network fee and the internal fee in its discretion.
3.3. Digital Currency Storage & Transmission Delays. Mercury Cash securely stores all Digital Currency private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Mercury Cash to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by Mercury Cash may be delayed.
3.4. Third Party Payments. Mercury Cash has 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 sell to or from a third party (including other users of Mercury Cash Services). Mercury Cash is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from or sold to a third party in connection with Digital Currency transferred using the Mercury Cash Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you can notify Mercury Cash Support at support@Mercury.cash so that we may consider what action to take, if any
3.5. Advanced Protocols. Unless is specifically announced on our website or through some other official public statement of Mercury Cash, we do not support metacoins, colored coins, side chains, or another derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency supported by Mercury Cash (collectively, “Advanced Protocols”). Do not use your Mercury Cash Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The Mercury Cash platform is not configured to detect and/or secure Advanced Protocol transactions and Mercury Cash assumes absolutely no responsibility whatsoever with respect to Advanced Protocols.
3.6. Operation of Digital Currency Protocols. Mercury Cash does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are an open source and anyone can use, copy, modify, and distribute them. By using Mercury Cash, you acknowledge and agree (i) that Mercury Cash is not responsible for operation of the underlying protocols and that Mercury Cash makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the Mercury Cash platform. In the event of a fork, you agree that Mercury Cash may temporarily suspend Mercury Cash operations (with or without advance notice to you) and that Mercury Cash may, in its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the forked protocol entirely, provided, however, that you will have an opportunity to withdraw funds from the platform. You acknowledge and agree that Mercury Cash assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
4.1. In General. Eligible users in certain jurisdictions may buy or sell supported Digital Currency through the Conversion Services. The Conversion Services are subject to the Mercury Cash "Conversion Rate" for the given transaction. "Conversion Rate" means the price of a given supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the Mercury Cash Site. The Conversion Rate is stated either as a "Buy Price" or as a "Sell Price," which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell supported Digital Currency to Mercury Cash. You acknowledge that the quoted Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time and that Mercury Cash may add a margin or “spread” to the quoted Conversion Rate. You agree, as a condition of using any Mercury Cash Conversion Services, to accept the Conversion Rate as the sole conversion metric. Mercury Cash reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. Mercury Cash does not guarantee the availability of its Conversion Service, and the act of purchasing supported Digital Currency from Mercury Cash does not result in a guarantee that you may sell your supported Digital Currency to Mercury Cash.
4.2. Purchase Transactions. After successfully completing the Verification Procedures and funding at least one Fiat Currency Wallet, you may purchase supported Digital Currency by linking an active Fiat Currency Wallet. You authorize Mercury Cash to initiate debits from your selected Wallet in settlement of purchase transactions. A Conversion Service Fee (defined below) applies to all purchase transactions. Although Mercury Cash will attempt to deliver supported Digital Currency to you as promptly as possible, funds may be debited from your Fiat Currency Wallet before Digital Currency is delivered to your Digital Currency Wallet. We will make our best efforts to fulfill all transactions in real time, however, in the rare circumstance where Mercury Cash cannot fulfill your purchase order at the stated Conversion Rate, we will notify you and seek your approval to complete the purchase order at the available Buy Price. To secure the performance of your obligations under this Agreement, you grant Mercury Cash a security interest on the balances in your account.
4.3. Sale Transactions. After successfully completing the verification procedures, you may sell supported Digital Currency by linking an active Fiat Currency Wallet. You authorize Mercury Cash to debit your Digital Currency Wallet and initiate payments to your selected Fiat Currency Wallet in settlement of sell transactions. An applicable Conversion Fee (defined below) applies to all sale transactions. All transactions are processed in real time, however, receipt of Fiat Currency depends on the Digital Currency sold and funds may be exceptionally credited to the Fiat Currency Wallet on the following business day.
4.4. Service Fees. Each Conversion Service transaction is subject to a fee (a "Service Fee," also referred to as a "Conversion Fee"). The applicable Service Fee is displayed on the Mercury Cash Site prior to you completing a Conversion Service transaction. You can view the current fees on our Fee Table page https://www.mercury.cash/fees. Mercury Cash will not process a conversion transaction if the Service Fee exceeds the value of your transaction.
Mercury Cash reserves the right to adjust its Service Fees and any applicable waivers. We will always notify you of the Service Fee which applies to your transaction, both at the time of the transaction and in each receipt we issue to you.
4.5. Internal Fees. When Digital Currency Transactions are made from an external Wallet to a Mercury Cash wallet, Mercury Cash may charge a network fee (miner fees) and Internal Fee to process a Digital Currency Transaction. Mercury Cash will calculate the network fee and the internal fee in its discretion.
4.6. Credit/Debit Card Processor Fees. Funding of Fiat Currency Wallets using Credit/Debit cards are subject to transactions fees which will only be shown in your credit/debit card statement after payment. Depending on the country your Credit/Debit Card has been issued, additional fees out of Mercury Cash’s control may arise. You hereby acknowledge and agree that in some cases you may be charged differently than as listed on the Fee Table.
4.7. Reversals; Cancellations. 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 authorize Mercury Cash, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including fiat currency balances in other 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, NSF, or similar fees charged by your payment provider. Mercury Cash reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if Mercury Cash suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; or if Mercury Cash suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, Mercury Cash will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the canceled transaction.
4.8. Errors. In the event of an error, whether via our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your purchase order and obtain a refund of any amount charged.
4.9. No Returns or Refunds. All sales and purchases of Digital Assets via the Services are final. We do not accept any returns or provide refunds for your purchase of Digital Assets, except as otherwise provided in these Terms.
4.10. Payment Services Partners. Mercury Cash may use a third-party payment processor to process funding and payments between you and Mercury Cash, including but not limited to payments in relation to your use of the Conversion Service, deposits, or withdrawals from your USD Wallet. Mercury Cash will not be held liable for any errors, mishandeling, loss or disruption of services caused or related to its Payment Services Partners.
5.1. Wallets. Verified users must establish and fund a fiat currency balance (either in the USD Wallet or the Euro Wallet) to facilitate transactions on the Mercury Cash platform. You are the owner of the balance of your Wallet. Mercury Cash holds your balance in dedicated custodial accounts with a financial institution.
5.2. Deposits. You must initiate a transfer from your bank account to fund your Fiat Currency Wallet. Mercury Cash may charge a fee for receiving or sending funds to or from your account in order to cover fees charged by the banks. Your bank may charge you with additional bank wire transfer fees. Mercury Cash will credit your Fiat Currency Wallet a corresponding amount of Fiat Currency as soon as funds clear in its bank account, typically within two to three business days after you authorize a deposit.
5.3. Withdrawals. To withdraw funds from your Fiat Currency Wallet, the receiving bank account must be in the name of the Mercury Cash user. When funds in the Fiat Currency Wallet have been credited through wire transfer or Conversion Services, Mercury Cash will immediately debit your Wallet and process the transfer to the bank account. Funds will typically settle in your bank account within two to three business days. Bank fees are netted out of transfers to or from Mercury Cash. We will not process a transfer if associated bank fees exceed the value of the transfer.
6.1. Mercury Gate. A Payment Processor “Point of Sale or Payment Gateway” that allows you to collect in cryptocurrency (“Mercury Gate Service”).
6.2. Requirements. Certain approved establishment, or websites; can request a Mercury Gate Service. To be able to request Mercury Gate Service, you need to create a Business Account in Mercury Cash, complete all the process and enable GATE from the account.
6.3. Disclaimer. Mercury Cash is not responsible for any errors that may arise in the beta test of Mercury Gate Service.
6.4. Fees. The Business agrees to pay the applicable services fees set forth on our website (https://www.mercury.cash/terms#fees-mc). Mercury Cash reserves the right to modify its Fee Table at its convenience.
7.1. OTC. Mercury Cash offers VIP attention to legal clients or businesses to guarantee the order price and avoid distortion in the market due to the size of the order (“OTC Service”).
7.2. Requirements. To be able to use the OTC Service customers need to process orders over $100,000.00 USD.
7.3.1. Purchases. For purchases, clients must have a fiat balance in their Mercury Cash account of at least $101,990.00 USD (the “Minimum Purchase”) = $100,000.00 + 1,99% fee.
7.3.2 Sales. For a Sale, the clients must have a balance in cryptocurrency correspondent to the Minimum Purchase on their Mercury Cash account. The Digital Currency amount will be debited from the wallet upon trading.
7.4. Transaction Process. In case of extreme market volatility, Mercury Cash reserves the right to decline an OTC trade after trade confirmation. In rare cases, Client’s Digital Currency balance may take 24 hours or more to reflect the OTC trade due to unforeseen circumstances such as blockchain congestion. The Client’s funds transferred for issuance of Digital Currency are safeguarded in accordance with the Law on Digital Currency of the Republic of Estonia. The Client retains ownership of the funds transferred for the issuance of Digital Currency until trade is completed.
7.5. Fees. The client agrees to pay the applicable services fees set forth on our website (https://www.mercury.cash/terms#fees-mc). Mercury Cash reserves the right to modify the fees without limitations.
8.1. Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Mercury Cash, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by Mercury Cash from time to time. Any other use of the Mercury Cash Site or Content is expressly prohibited and all other rights, title, and interest in the Mercury Cash Site or Content is exclusively the property of Mercury Cash and its licensors. You agree you will not 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. "www.mercury.cash", "Mercury Cash" and all logos related to the Mercury Cash Services or displayed on the Mercury Cash Site are either trademarks or registered marks of Mercury Cash or its licensors. You may not copy, imitate or use them without Mercury Cash's prior written consent.
8.2. Website Accuracy. Although we intend to provide accurate and timely information on the Mercury Cash Site, the Mercury Cash Site (including, without limitation, the Content) 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 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 it, and all decisions based on information contained on the Mercury Cash Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including websites without limitation) 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 third-party materials or on any third-party sites accessible or linked to the Mercury Cash Site.
8.3. Third-Party Applications. If, to the extent permitted by Mercury Cash from time to time, you grant express permission to a third party to access or connect to your Mercury Cash Account, either through the third party's product or service or through the Mercury Cash Site, you acknowledge that granting permission to a 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 third party with access to your Mercury Cash Account. Further, you acknowledge and agree that you will not hold Mercury Cash responsible for, and will indemnify Mercury Cash from, any liability arising out of or related to any act or omission of any third party with access to your Mercury Cash Account.
8.4. Prohibited Use. In connection with your use of the Mercury Cash Services, and your interactions with other users, and third parties you agree and represent that you will not engage in any Prohibited Business or Prohibited Use defined herein. 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. We reserve the right to cancel and/or suspend your Mercury Cash Account and/or block transactions or freeze funds immediately and without notice, if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
8.5. Transactions Limits. The use of all Mercury Cash Services is subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily). To view your limits, login to your Mercury Cash Account and visit settings. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. Mercury Cash reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request to firstname.lastname@example.org. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Mercury Cash staff (such process, "Enhanced Due Diligence"). Mercury Cash reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole 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.
8.6. Suspension, Termination, and Cancellation. Mercury Cash may: (a) suspend, restrict, or terminate your access to any or all of the Mercury Cash Services, and/or (b) deactivate or cancel your Mercury Cash Account if:
If Mercury Cash suspends or closes your account, or terminates your use of Mercury Cash Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Mercury Cash from providing you with such notice.
You acknowledge that Mercury Cash's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Mercury Cash's risk management and security protocols. You agree that Mercury Cash is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency or funds associated with your Digital Currency Wallet(s) and/or your Fiat Currency Wallet(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your Mercury Cash Account at any time by withdrawing all balances. You will not be charged for canceling your Mercury Cash Account, although you will be required to pay any outstanding amounts owed to Mercury Cash. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
8.7. Relationship of the Parties. Mercury Cash is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Mercury Cash to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Mercury Cash to be treated as the agent of the other.
8.8. Privacy of Others; Marketing. If you receive information about another user through the Mercury Cash Services, you must keep the information confidential and only use it in connection with the Mercury Cash Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate 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 email to a user through the Mercury Cash Services.
8.9. Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Mercury Cash Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Mercury Cash Account by third parties and the loss or theft of any Digital Currency and/or funds held in your Mercury Cash Account and any associated accounts, including your linked bank account(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Mercury Cash and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Mercury Cash Account information has been compromised, contact Mercury Cash Support immediately at email@example.com, or report your claim by phone at (407) 483-4057.
8.10. Taxes. . It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Mercury Cash Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Mercury Cash Account.
8.11. Unclaimed Property. If Mercury Cash is holding funds in your account, and Mercury Cash is unable to contact you and has no record of your use of the Services for several years, applicable law may require Mercury Cash to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Mercury Cash will try to locate you at the address shown in our records, but if Mercury Cash is unable to locate you, it may be required to deliver such funds to the applicable state or jurisdiction as unclaimed property. Mercury Cash reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
9.1. Contact Mercury Cash. If you have any feedback, questions, or complaints, contact us via our Customer Support web page, our email firstname.lastname@example.org or send a letter addressed to Mercury Cash Customer Support, Staapli 3-43 Põhja-Tallinna Linnaosa, Põhja-Tallinna, 10415 Harju Maakond. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Mercury Cash Account, and the transaction on which you have feedback, questions, or complaints. If you believe your account has been compromised, you may also report your claim by calling +1 (407) 483-4057 or +372 602-6548.
9.2. Arbitration; Waiver of Class Action. If you have a dispute with Mercury Cash, we will attempt to resolve any disputes through our support team. If we cannot resolve the dispute through our support team, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at (https://www.adr.org/Rules) and you and Mercury Cash hereby expressly waive trial by jury and right to participate in a class-action lawsuit or class-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator, in the English language and shall take place in a mutually agreeable location or, in case of disagreement, in Tallinn, Estonia. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney's' fees. If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator's rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If a court decides that any provision of this section is invalid or unenforceable, that provision shall be severed and the other parts of this section shall still apply. In any case, the remainder of this User Agreement will continue to apply.
10.1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer virus, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or another 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 Mercury Cash. Always log into your Mercury Cash Account through the Mercury Cash Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
10.2. Release of Mercury Cash; Indemnification. If you have a dispute with one or more users of the Mercury Cash services, you release Mercury Cash, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Mercury Cash, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
10.3. Limitation of Liability; No Warranty. In no event shall Mercury Cash, its affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees, or representatives, be liable (A) for any amount greater that the value of the supported digital currency on deposits in your Mercury Cash account or (B) for any lost profits or any special, incidental, indirect, intangible, or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the Mercury Cash site or the Mercury Cash services, or this agreement, even if an unauthorized representative of Mercury Cash has been advised of, knew, or should have known of the possibilities of such damages. This means, by way of example only (and without limiting the scope of the preceding sentence), that is you claim that Mercury Cash failed to process a buy or sell transaction properly, your damages are limited to no more than the value of the supported digital currency at issue in the transaction, and that you may not recover for lost profits, lost business opportunities, or other types of special, incidental, indirect, intangible, or consequential damages in excess of the value of the supported digital currency at issue in the transaction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation may not apply to you. The Mercury Cash services are provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied, or statutory. To the maximum extent permitted by applicable law, Mercury Cash specifically disclaims any implied warranties of the title, merchantability fitness for a particular purpose and/or non-infringement. Mercury Cash does not make any representations or warranties that access to the site, any part of the Mercury Cash services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. Mercury Cash makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. Mercury Cash will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Mercury Cash makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
10.5. Amendments. We may amend or modify this Agreement by posting on the Mercury Cash Site or emailing you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the Mercury Cash Services, or suspension or termination of your access to the Mercury Cash Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.
10.6. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Mercury Cash affiliates or subsidiaries, or to any successor in interest of any business associated with the Mercury Cash Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
10.7. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
10.8. Change of Control. In the event that Mercury Cash 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 as part of such merger, acquisition, sale, or other change of control.
10.9. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Mercury Cash Account cancellation, debts owed to Mercury Cash, general use of the Mercury Cash Site, disputes with Mercury Cash, and general provisions, shall survive the termination or expiration of this Agreement.
10.10. Governing Law. The terms of this agreement will be governed by the laws of the Republic of Estonia. Any claim or dispute that has arisen or may arise between you and Tulecy OÜ or Mercury Cash will be resolved in accordance to Estonian Law.
10.11. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
10.12. English Language Controls. Notwithstanding any other provision of this Agreement, any translations of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to the definitions and interpretations in the original English language version. Any translation provided may not accurately represent the information of the original English version.
10.13. Non-Waiver of Rights. This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
You may not use your Mercury Cash Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Mercury Cash Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at email@example.com. By opening a Mercury Cash Account, you confirm that you will not use your Account to do any of the following:
Mercury Cash uses multi-level systems and procedures to collect and verify information about you in order to protect Mercury Cash and the community from fraudulent users and to keep appropriate records of Mercury Cash's customers. Your daily or weekly Conversion limits, withdrawal limits, Instant Buy limits, USD Wallet transfer limits, and limits on transactions from a linked payment method are based on the identifying information and/or proof of identity you provide to Mercury Cash.
All users who wish to buy Digital Currency using Mercury Cash's Standard Conversion Service, at minimum, must:
Notwithstanding these minimum verification procedures for the referenced Mercury Cash Services, Mercury Cash may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Mercury Cash Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account's Limits page.
You may contact firstname.lastname@example.org to request larger limits. Mercury Cash will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and Mercury Cash does not guarantee that we will raise your limits.
This policy describes how Mercury Cash delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, "Communications") that we provide in connection with your Mercury Cash Account and your use of Mercury Cash Services. Communications include:
We will provide these Communications to you by posting them on the Mercury Cash website, emailing them to you at the primary email address listed in your Mercury Cash profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
Updating your Information
It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if Mercury Cash sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Mercury Cash will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team via email at email@example.com
Mercury Cash maintains license to engage in money transmission activities in the Republic of Estonia, and this license may impact our provision and your use of certain Mercury Cash Services depending on where you live. Mercury Cash's licenses and corresponding required disclosures can be found on the Mercury Cash Licenses page https://www.mercury.cash/about
If you have a question or complaint, please contact the consumer assistance division of Mercury Cash at firstname.lastname@example.org.
Potential users of digital or virtual currencies should be forewarned of a possible financial loss at the time that such currencies are exchanged for Fiat currency due to an unfavorable exchange rate. A favorable exchange rate at the time of exchange can result in a tax liability. Please consult your tax advisor regarding any tax consequences associated with your holding or use of digital or virtual currencies.