Last Revised 25 April 2022
Further, if you are accessing the CryptoSasa Services through the Mobile Application, then while these Terms shall apply to such use, there may be additional terms (such as the terms imposed by App Store (iOS), Android’s (Google) Play Store, Microsoft’s store) from time to time which will govern the use of Mobile Application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms by way of reference.
Please read the terms carefully as they govern your use of CryptoSasa Services and some of the provisions affect your legal rights and obligations.
These terms contain important provisions including an arbitration provision that requires all claims to be resolved by way of legally binding arbitration. the terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.
BY MAKING USE OF CRYPTOSASA SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:
- YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES;
- YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF CRYPTOSASA SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND
- CRYPTOSASA SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use CryptoSasa Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access CryptoSasa or utilize CryptoSasa services.
- Account shall mean the account created by CryptoSasa on the Website after successful completion of registration.
- Authorized Representative(s) shall mean your employee or authorised representative who is specifically authorized to register on the Website on your behalf.
- Collateral Accounts refers to special accounts opened by Users on CryptoSasa to deposit and withdraw collateral (such as margins) in accordance with these Terms (including the CryptoSasa Contract Services Agreement and CryptoSasa Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.
- CryptoSasa Operators refers to all parties that run CryptoSasa, including but not limited to natural persons, legal persons, companies, unincorporated organizations and teams that provide CryptoSasa Services and are responsible for such services. For convenience, unless otherwise stated, references to “CryptoSasa” and “we” in these Terms specifically mean CryptoSasa Operators. Under these terms, CryptoSasa operators may change as CryptoSasa’s business adjusts, in which case, the changed operators shall perform their obligations under these terms with you and provide services to you, and such change does not affect your rights and interests under these terms. Additionally, the scope of CryptoSasa operators may be expanded due to the provision of new CryptoSasa services, in which case, if you continue to use CryptoSasa services, it is deemed that you have agreed to jointly execute these terms with the newly added CryptoSasa operators. In case of a dispute, you shall determine the entities by which these terms are performed with you and the counterparties of the dispute, depending on the specific services you use and the particular actions that affect your rights or interests.
- CryptoSasa Accounts refers to the foundational virtual accounts, including main accounts and subaccounts, which are opened by CryptoSasa for Users to record on CryptoSasa their usage of CryptoSasa Services, transactions, asset changes and basic information. CryptoSasa Accounts serve as the basis for Users to enjoy and exercise their rights on CryptoSasa.
- CryptoSasa Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by CryptoSasa, as well as all policies, regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
- CryptoSasa Services refers to various services provided to you by CryptoSasa that are based on Internet and/or blockchain technologies and offered via CryptoSasa websites, mobile applications, clients and other forms (including new ones enabled by future technological development). CryptoSasa Services include but are not limited to such CryptoSasa ecosystem components as Digital Asset Trading Platforms, existing services offered by Trust Wallet and novel services to be provided by CryptoSasa.
- Crypto-to-crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
- Digital Assets refers to Digital Currencies, Digital Tokens, their derivatives or other types of digitalized assets with a certain value.
- Digital Currencies refers to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
- Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
- Identification Document shall mean, National Identity card, passport, or any other officially valid document as per the relevant laws and regulations on Know Your Customer Procedures, as amended from time to time.
- Information shall mean all the details we hold or collect about you, your transactions, your financial information, your personal information, and information about you obtained from you, your interactions and dealings with us and any third party, including information received from third parties and information collected through your use of the CryptoSasa Services.
- Loan/Lending refers to CryptoSasa’s lending of Digital Currencies to Users at an interest collected in certain ways (in the form of Digital Currencies), including but not limited to the leveraged trading and currency lending services currently offered, and other forms of loan/lending services to be launched by CryptoSasa.
- Mobile Application shall mean the mobile application belonging to CryptoSasa which is developed and designed to run on various mobile operating systems, for providing the CryptoSasa Services
- Organisation shall mean a sole proprietorship firm, partnership firm, a company registered under the Companies Act, 2015 or erstwhile Companies Act (Cap 486), or an LLP registered under Limited Liability Partnership Act, 2011 based in Kenya.
- Partner shall mean third party partners of CryptoSasa from whom CryptoSasa may obtain certain services in relation to the Website and/or the CryptoSasa Services, including but not limited to, the CRBs, verification companies, information repositories and such other parties as deemed necessary by CryptoSasa in order to provide the CryptoSasa Services.
- Party shall mean, in relation to CryptoSasa, its representatives, agents, and any of their respective officers, directors, equity holders, employees, parent entities, subsidiaries, affiliated entities, representatives, agents and licensors.
- Platform shall mean the digital platform having the tradename and brand name CryptoSasa, as operated and maintained by CryptoSasa, the front-end version of which is accessible through the Website.
- Users refer to all individuals, institutions or organizations that access, download or use CryptoSasa or CryptoSasa Services and who meet the criteria and conditions stipulated by CryptoSasa. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
I. GENERAL PROVISIONS
- Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and CryptoSasa Operators.
- Supplementary Terms
- Changes to These Terms
CryptoSasa reserves the right to change or modify these Terms in its discretion at any time. CryptoSasa will notify such changes by updating the terms on its website (https://www.cryptosasa.com/terms-of-use) and modifying the Last revised date displayed on this page.
Any and all modifications or changes to these terms will become effective upon publication on the website or release to users. therefore, your continued use of CryptoSasa services is deemed your acceptance of the modified agreement and rules. If you do not agree to any changes to these terms, you must stop using CryptoSasa Services immediately. you are recommended to frequently review these terms to ensure your understanding of the terms and conditions that apply to your access to and use of CryptoSasa Services.
- Prohibition of Use
By accessing and using CryptoSasa services, you represent and warrant that you have not been included in any trade Embargoes or economic sanctions list (such as the united nations security council sanctions list), the list of specially designated nationals maintained by ofac (the office of foreign assets control of the U.S. department of the treasury), or the denied persons or entity list of the U.S. department of commerce. CryptoSasa reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of CryptoSasa services in certain countries or regions.
- About CryptoSasa
As an important part of the CryptoSasa Ecosystem, CryptoSasa mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with CryptoSasa, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although CryptoSasa has been committed to maintaining the accuracy of the information provided through CryptoSasa Services, CryptoSasa cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall CryptoSasa be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about CryptoSasa Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. CryptoSasa does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on CryptoSasa or any other communication medium. All Users of CryptoSasa Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
II. CRYPTOSASA ACCOUNT REGISTRATION AND REQUIREMENTS
The Website is freely accessible currently, however, prior to availing any of the CryptoSasa Service(s) as a User, and you will have to register on the Website and create an Account at (https://www.cryptosasa.com/privacy-policy) before using CryptoSasa Services.
During registration a “one time password” (“OTP”) will be sent to the mobile number of the User or Authorized Representative (as applicable) and a verification email will be sent to the valid email address provided. You will need to
- enter the OTP for validating your mobile number; and
- verify the email for validating your email address, to activate and access your Account.
Once activated, you can use your mobile number together with your password to access the CryptoSasa Services (subject to additional conditions to access Commerce Offerings or specific Third-Party Service Offerings as may be specified hereunder) and it will remain active until terminated in accordance with these Terms].
By registering to use a CryptoSasa Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using CryptoSasa Services; (iv) you do not currently have a CryptoSasa Account; (v) you are neither a United States user, a Malaysia user, a Singapore-based user, or an Ontario (Canada)-based user; nor are you acting on behalf of a United States user, a Malaysia user, a Singapore-based user, or an Ontario (Canada)-based user. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) your use of CryptoSasa Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. CryptoSasa reserves the right to change, modify or impose additional restrictions at its discretion at any time.
- User Identity Verification
The details and/or documents requested on the Website and the annexures attached to these Terms, are not exhaustive of requirements and CryptoSasa reserves the right to requisition and/or extract additional documents and / or details as may be deemed necessary by CryptoSasa in its sole discretion, to complete User Verification or KYC. In the event the details or documents submitted for creating Account, or for availing the CryptoSasa Services, are incomplete or discrepant, CryptoSasa will request additional information / documentation through email / SMS sent to the email ID / mobile number as provided by you when you sought to register on the Website. In case the discrepancies remain unresolved or if CryptoSasa is unable to successfully complete its User Verification in accordance with its policies, CryptoSasa shall have the right to reject your request for registering with the Website and/or availing the Third-Party Service Offerings. CryptoSasa reserves the absolute discretion to accept or reject your request for creating the Account towards availing CryptoSasa Services, Commerce Offerings and any Third-Party Service Offerings, without assigning any reasons for the same.
After registration, you must ensure that the information is true, complete, and timely updated when changed. if there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete, CryptoSasa reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of CryptoSasa services we provide for you. If we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to CryptoSasa during your use of CryptoSasa services. you hereby acknowledge and agree that you have the obligation to update all the information if there is any change.by registering an account, you hereby authorize CryptoSasa to conduct investigations that CryptoSasa considers necessary, either directly or through a third party, to verify your identity or protect you, other users and/or CryptoSasa from fraud or other financial crimes, and to take necessary actions based on the results of such investigations. you also acknowledge and agree that your personal information may be disclosed to credit bureaus and agencies for fraud prevention or financial crime prevention, which may respond to our investigations in full.
- Account Usage Requirements
The CryptoSasa Account can only be used by the account registrant. CryptoSasa reserves the right to suspend, freeze or cancel the use of CryptoSasa Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify CryptoSasa immediately. CryptoSasa assumes no liability for any loss or damage arising from the use of CryptoSasa Account by you or any third party with or without your authorization.
The User/Authorized Representative have created the Account for your own personal/ your Organisation’s use and that the information and documents you provide to CryptoSasa will be your/your Organisation’s details (and not that of any third person or entity). The Authorized Representative has attained majority age, is of employable age and has been duly authorized to act on behalf of the User for the purpose of using the CryptoSasa Services.
All information and documents that you provide to CryptoSasa at any time, including the during the course of any commercial transaction with other Users, are true, complete and accurate and any such information is supported by genuine and valid documents submitted to CryptoSasa. You further confirm that you will keep all such information and documents current, complete, accurate and valid at all times for as long as your Account remains valid. You can log in to your Account to review and modify any changed details. You may be required to submit documentary proof as required by CryptoSasas’s policies from time to time to authenticate the modified details and may not be able to use the Services until verification of the changed details is successfully completed. You hereby agree that you will indemnify CryptoSasa for any loss, damage, claim, action, costs, charges and expenses which CryptoSasa may suffer or incur as a result of acting on or relying on the information and documents provided by you.
- Account Security
CryptoSasa has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for CryptoSasa Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect, safeguard the security and confidentiality your CryptoSasa Account and personal information. You will not share, assign or transfer your Account or reveal your password to any third party or do anything else that might jeopardize the security of your Account; and that you will be solely responsible and liable for all actions/instructions initiated using your Account
You should be solely responsible for keeping safe of your CryptoSasa Account and password, and be responsible for all the transactions under your CryptoSasa Account. CryptoSasa assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a CryptoSasa Account, you hereby agree that:
- you will notify CryptoSasa immediately if you are aware of any unauthorized use of your CryptoSasa Account and password or any other violation of security rules;
- you will strictly abide by all mechanisms or procedures of CryptoSasa regarding security, authentication, trading, charging, and withdrawal; and
- you will take appropriate steps to logout from CryptoSasa at the end of each visit.
III. CRYPTOSASA SERVICES
Upon completion of the registration and identity verification for your CryptoSasa Account, you may use various CryptoSasa Services, including but not limited to, Crypto-to-crypto Trading, Fiat Trading, contract trading, leveraged trading, CryptoSasa Savings services, staking, acquiring market-related data, research and other information released by CryptoSasa, participating in User activities held by CryptoSasa, etc., in accordance with the provisions of these Terms (including CryptoSasa Platform Rules and other individual agreements).
CryptoSasa has the right to:
- Provide, modify or terminate, in its discretion, any CryptoSasa Services based on its development plan; and
- Allow or prohibit some Users’ use of any CryptoSasa Services in accordance with relevant CryptoSasa Platform Rules.
You may be required to accept and agree to be bound by Third Party Terms applicable to the specific Third-Party Service Offerings you choose. The applicable Third-Party Terms may be set out at the point of access to the relevant Third-Party Service Offerings. These Third-Party Terms are in addition to, and not in derogation of these Terms.
There may be certain Partner terms and privacy policies which may be applicable to the CryptoSasa Services, which may be appended to these Terms, set out at the point of access to the relevant Partner portals or referred at such other appropriate place. You are also responsible for reading them and complying with them. Any data that you submit to such Partners shall be governed by the Partner privacy policies. CryptoSasa has no control over the conduct of any Partners and their use of data and disclaims any and all liability in this regard to the maximum extent permitted by applicable law.
All transactions undertaken on your behalf by CryptoSasa will be based on your express instructions/prior approval and will be strictly on a non-discretionary basis. CryptoSasa only facilitates the availing of Third-Party Service Offerings from the Third-Party Service Providers or Commerce Offerings from other Users. You fully understand and agree that the final decision of providing the Third-Party Service Offering or Commerce Offering will rest exclusively with the Third-Party Service Provider or the User concerned, respectively and the Third-Party Service Provider or the User concerned is not obliged to accept any advice or recommendations provided by CryptoSasa.
IV. SERVICE USAGE GUIDELINES
Provided that you constantly comply with the express terms and conditions stated in these Terms, CryptoSasa grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sub-licensable license to access and use CryptoSasa Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use CryptoSasa Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding CryptoSasa Services should be stipulated in the discretion of CryptoSasa. CryptoSasa reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using CryptoSasa Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use CryptoSasa Services. Therefore, you hereby agree that when you use CryptoSasa Services, CryptoSasa does not transfer CryptoSasa Services or the ownership or intellectual property rights of any CryptoSasa intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through CryptoSasa Services, are exclusively owned, controlled and/or licensed by CryptoSasa Operators or its members, parent companies, licensors or affiliates.
CryptoSasa owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about CryptoSasa or CryptoSasa Services that you provide through email, CryptoSasa Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to CryptoSasa. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
When you use CryptoSasa Services, you agree and undertake to comply with the following provisions:
- During the use of CryptoSasa Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of CryptoSasa;
- Your use of CryptoSasa Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using CryptoSasa Services;
- You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
- Without written consent from CryptoSasa, the following commercial uses of CryptoSasa data are prohibited:
- Trading services that make use of CryptoSasa quotes or market bulletin board information;
- Data feeding or streaming services that make use of any market data of CryptoSasa; and
- Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from CryptoSasa.
- Without prior written consent from CryptoSasa, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
- You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of CryptoSasa Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through CryptoSasa Services; (ii) attempt to access any part or function of the properties without authorization, or connect to CryptoSasa Services or any CryptoSasa servers or any other systems or networks of any CryptoSasa Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of CryptoSasa Services or any network connected to the properties, or violate any security or authentication measures on CryptoSasa Services or any network connected to CryptoSasa Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of CryptoSasa Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of CryptoSasa Services or CryptoSasa, or the infrastructure of any systems or networks connected to CryptoSasa services; (vi) use any devices, software or routine programs to interfere with the normal operation of CryptoSasa Services or any transactions on CryptoSasa Services, or any other person’s use of CryptoSasa Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to CryptoSasa, or (viii) use CryptoSasa Services in an illegal way.
By accessing CryptoSasa Services, you agree that CryptoSasa has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
- Blocking and closing order requests;
- Freezing your account;
- Reporting the incident to the authorities;
- Publishing the alleged violations and actions that have been taken; and
- Deleting any information that you published that is found to be violation.
VI. CRYPTO-TO-CRYPTO TRADING
Upon completion of the registration and identity verification for your CryptoSasa Account, you may conduct Crypto-to-crypto Trading on CryptoSasa in accordance with the provisions of these Terms and CryptoSasa Platform Rules.
Upon sending an instruction of using CryptoSasa Services for Crypto-to-crypto Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in CryptoSasa’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, CryptoSasa will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize CryptoSasa to temporarily control the Digital Currencies involved in your Transaction.
For Orders initiated through CryptoSasa Services, you may only cancel them before they have been processed or matched with other Users’ Orders. Once your Order has been processed or matched with another user’s Order, you may not change, revoke or cancel CryptoSasa’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. CryptoSasa reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, CryptoSasa may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to CryptoSasa are deducted as stated in paragraph (c) below).
You agree to pay CryptoSasa the fees specified in the fees published at https://www.cryptosasa.com. CryptoSasa may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize CryptoSasa to deduct from your account any applicable fees that you owe under these Terms.
VII. OTHER TYPES OF CRYPTO-TO-CRYPTO TRADING
In addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, CryptoSasa may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated CryptoSasa Platform Rules, such as One Cancels the Other (OCO) and block trade.
- Fiat Trading
- Fiat Payments
If you choose to utilise Fiat Trading, you agree that CryptoSasa shall work in collaboration with regulated card acquiring partners to offer such services.
CryptoSasa is registered in accordance with the applicable laws of the Republic of Kenya as a limited company. For the avoidance of doubt please note that CryptoSasa is not a licensed financial services provider. Cryptocurrency exchange and depository services provided by CryptoSasa are not regulated by the Central Bank of Kenya.
- Staking Programs
CryptoSasa will from time to time launch Staking Programs for specific types of Digital Currencies to reward, as per certain rules, users who hold such Digital Currencies in their CryptoSasa Accounts. When participating in Staking Programs, you should note that:
- Unless otherwise stipulated by CryptoSasa, Staking Programs are free of charge and Users may trade during the staking period;
- CryptoSasa does not guarantee Users’ proceeds under any Staking Program;
- CryptoSasa has the right to initiate or terminate Staking Program for any Digital Currencies or modify rules on such programs in its sole discretion;
- Users shall ensure that sources of the Digital Currencies they hold in CryptoSasa Accounts are legal and compliant and undertake to observe related laws and regulations. Otherwise, CryptoSasa has the right to take necessary steps in accordance with these Terms or CryptoSasa Platform Rules, including, without limitation, freezing CryptoSasa Accounts or deducting the Digital Currencies awarded to Users who violate the rules of respective Staking Programs.
- Disclaimer of Warranties
To the maximum extent permitted under applicable law, CryptoSasa services, CryptoSasa materials and any product, service or other item provided by or on behalf of CryptoSasa are offered on an “as is” and “as available” basis, and CryptoSasa expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. without limiting the foregoing, CryptoSasa does not represent or warrant that the site, CryptoSasa services or CryptoSasa materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. CryptoSasa does not guarantee that any order will be executed, accepted, recorded or remain open. except for the express statements, agreements and rules set forth in these terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of CryptoSasa services. without limiting the foregoing, you hereby understand and agree that CryptoSasa will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of digital assets price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data, (d) regular or unscheduled maintenance carried out by CryptoSasa and service interruption and change resulting from such maintenance, (e) any damages incurred by other users’ actions, omissions or violation of these terms, (f) any damage caused by illegal actions of other third parties or actions without authorized by CryptoSasa; and (g) other exemptions mentioned in disclaimers and platform rules issued by CryptoSasa.
No advice or information, whether oral or written, obtained by you from CryptoSasa services, from our content, or which is otherwise available through CryptoSasa services will create any warranty regarding CryptoSasa, third party service offerings, partner services or any service that is not expressly stated in these terms. you will use the CryptoSasa services and use, access, download, or otherwise obtain our content, or other content available through CryptoSasa services, at your own discretion and risk. you assume all risk for any damage that may result from your use of or access to the CryptoSasa services, from your dealings with any third-party service providers, other members or partners and from your use of our content or other content available through CryptoSasa services. You acknowledge that CryptoSasa is solely a facilitator between you and third-party service providers. CryptoSasa expressly disclaims any liability for any errors or omissions in our content or CryptoSasa services, including the inaccuracy or incompleteness of any such user verification, credit reports, credit scores, offers or other information, tools, or analyses available through CryptoSasa services or our content on the website.
The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction in which you reside.
- Disclaimer of Damages and Limitation of Liability
To the maximum extent permitted by applicable law, in no event will CryptoSasa, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of CryptoSasa services, any performance or non-performance of CryptoSasa services, or any other product, service or other item provided by or on behalf of CryptoSasa and its affiliates, whether under contract, statute, strict liability or other theory even if CryptoSasa has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of CryptoSasa’s gross negligence, fraud, wilful misconduct or intentional violation of law. some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Notwithstanding the foregoing, in no event will the liability of CryptoSasa, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of services offered by or on behalf of CryptoSasa and its affiliates, any performance or non-performance of CryptoSasa services, or any other product, service or other item, whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to CryptoSasa under these terms in the twelve-month period immediately preceding the event giving rise to the claim for liability.
You agree to indemnify and hold harmless CryptoSasa Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, CryptoSasa Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of CryptoSasa Services. If you are obligated to indemnify CryptoSasa Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, CryptoSasa will have the right, in its sole discretion, to control any action or proceeding and to determine whether CryptoSasa wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on the CryptoSasa website (https://www.cryptosasa.com). Users undertake to refer to these materials regularly and promptly. CryptoSasa will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
IX. TERMINATION OF AGREEMENT
- Suspension of CryptoSasa Accounts
- The CryptoSasa Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
- We detect unusual activities in the CryptoSasa Account;
- We detect unauthorized access to the CryptoSasa Account;
- We are required to do so by a court order or command by a regulatory/government authority.
- Cancellation of CryptoSasa Accounts
In case of any of the following events, CryptoSasa shall have the right to directly terminate these Terms by cancelling your CryptoSasa Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your CryptoSasa Account on CryptoSasa and withdraw the corresponding CryptoSasa Account thereof:
- after CryptoSasa terminates services to you;
- you allegedly register or register in any other person’s name as a CryptoSasa User again, directly or indirectly;
- the information that you have provided is untruthful, inaccurate, outdated or incomplete;
- when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your CryptoSasa Account or by other means;
- you request that CryptoSasa Services be terminated; and
- any other circumstances where CryptoSasa deems it should terminate CryptoSasa Services.
Should your CryptoSasa Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, CryptoSasa shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under General Data Protection Regulations (GDPR), the Kenya Data Protection Act (KDPA) and Regulations or other equivalent regulations) will also be subjected to the termination protocol stated above.
If CryptoSasa is informed that any Digital Assets or funds held in your CryptoSasa Account are stolen or otherwise are not lawfully possessed by you, CryptoSasa may, but has no obligation to, place an administrative hold on the affected funds and your CryptoSasa Account. If CryptoSasa does lay down an administrative hold on some or all of your funds or CryptoSasa Account, CryptoSasa may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to CryptoSasa has been provided to CryptoSasa in a form acceptable to CryptoSasa. CryptoSasa will not involve itself in any such dispute or the resolution of the dispute. You agree that CryptoSasa will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
- Remaining Funds After CryptoSasa Account Termination
Except as set forth in paragraph 4 below, once a CryptoSasa Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to CryptoSasa) will be payable immediately to CryptoSasa. Upon payment of all outstanding charges to CryptoSasa (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
- Remaining Funds After CryptoSasa Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
CryptoSasa maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of CryptoSasa Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
X. RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
- Notice of Claim and Dispute Resolution Period.
Please contact CryptoSasa first! CryptoSasa wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with CryptoSasa, then you should contact CryptoSasa and a ticket number will be assigned. CryptoSasa will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against CryptoSasa, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to CryptoSasa. The Notice of Claim must: (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your CryptoSasa account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with CryptoSasa. After you have provided the Notice of Claim to CryptoSasa, the dispute referenced in the Notice of Claim may be submitted by either CryptoSasa or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to CryptoSasa for resolution internally and the delivery of a Notice of Claim to CryptoSasa are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or CryptoSasa shall not be disclosed to the arbitrator.
- Agreement to Arbitrate and Governing Law
You and CryptoSasa Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and CryptoSasa (and/or CryptoSasa Operators) arising in connection with or relating in any way to these Terms or to your relationship with CryptoSasa (and/or CryptoSasa Operators) as a user of CryptoSasa Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and CryptoSasa Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favor of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the Arbitration Rules of the Nairobi Centre for International Arbitration (the “Rules”), in force when the Notice of Arbitration is submitted, as modified by this Section X. Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the Rules.
Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Judgment on any arbitral award may be given in any court having jurisdiction over the party (or over the assets of the party) against whom such an award is rendered. time for filing: any arbitration against CryptoSasa operators must be commenced by filing a request for arbitration within one (1) year, after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. this one year limitation period is inclusive of the internal dispute resolution procedure set forth in paragraph 1 of this section, above. There shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Process. Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the Nairobi Centre for International Arbitration in accordance with the Nairobi Centre for International Arbitration Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with CryptoSasa is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Nairobi. Place of Hearing: The location of any in-person arbitration hearing shall be Nairobi, unless otherwise agreed to by the parties. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Kenya.
Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the Nairobi Centre for International Arbitration Rules, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and re-insurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
- Class Action Waiver.
You and CryptoSasa agree that any claims relating to these Terms or to your relationship with CryptoSasa as a user of CryptoSasa Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and CryptoSasa further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including CryptoSasa.
- No Financial Advice CryptoSasa is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using CryptoSasa Services. No communication or information provided to you by CryptoSasa is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. CryptoSasa does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. CryptoSasa will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by CryptoSasa.
- Compliance with Local Laws It is Users’ responsibility to abide by local laws in relation to the legal usage of CryptoSasa Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of CryptoSasa services acknowledge and declare that their funds come from legitimate sources and do not originate from illegal activities; users agree that CryptoSasa will require them to provide or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of their funds. CryptoSasa maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
- If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law.
- Independent Parties
CryptoSasa is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
- Entire Agreement.
These Terms constitute the entire agreement between the parties regarding use of CryptoSasa Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
- Interpretation and Revision
CryptoSasa reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on CryptoSasa websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of CryptoSasa Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, CryptoSasa will not be responsible for any modification or termination of CryptoSasa Services by you or any third party, or suspension or termination of your access to CryptoSasa Services.
- Force Majeure.
CryptoSasa will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond CryptoSasa’s reasonable control.
You may not assign or transfer any right to use CryptoSasa Services or any of your rights or obligations under these Terms without prior written consent from CryptoSasa, including any right or obligation related to the enforcement of laws or the change of control. CryptoSasa may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
- Third-Party Website Disclaimer
- Matters Related to Apple Inc
If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through CryptoSasa Services, such activities and programs are provided by CryptoSasa and are not associated with Apple Inc. in any manner.
- Contact Information
For more information on CryptoSasa, you may refer to the company and license information found on CryptoSasa websites. If you have questions regarding these Terms, please feel free to contact CryptoSasa for clarification via our Customer Support team at [email protected].