Terms & Conditions

The terms of use (“Agreement”) is between you (“your”)
and Micra 2016(“we”, “our”, “us”).

Please

take a moment to read the Agreement carefully, as by accessing our website (“Site”)
and/or using any of the Services we

offer, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND WILL COMPLY


FULLY WITH ALL THE TERMS CONTAINED IN THE AGREEMENT.

Our

privacy policy
(“Privacy Policy”) and cookie policy

are integral parts of the Agreement, and you agree to read, accept and be bound

by them.

1.    ELIGIBILITY

By

using the Services, you expressly represent and warrant that:

  • you accept all the terms contained in the Agreement; and
  • you are in full compliance with the laws of your jurisdiction.

3.    SERVICES WE PROVIDE

We

act as your commercial agent and by agreeing to our terms of use, you give us

permission to act on your behalf and fulfil your order to buy or sell marketing adds and advertisement tools.

At

no point during Purchase or Sale, are we in possession or in control of your

funds or your assets.

Orders

through us are one-off transactions and executed individually.

Together,

the services set out in clause 3 are referred to as the “Services” in

the Agreement.

4.    YOUR OBLIGATIONS

Eligibility

& Compliance
. You agree and represent that you

have the legal authority to enter into the Agreement; and that you will use the

Site and Services in accordance with our terms of use and fully perform all

your obligations.

You

agree and represent that your use of the Services will be in compliance with

all laws that are applicable to you based on your jurisdiction and that you

will not use the Services for any criminal or illegal activities.

You

agree and represent that you will use the Services only for yourself, and not

on behalf of any third party.

Anti-Money

Laundering (“AML”) and Counter Terrorism Financing (“CTF”) Regulations.
 As

part of the global initiative to combat financial crimes, in particular Money

Laundering (“ML”) and Terrorism Financing (“TF”), we have

regulatory obligations that include implementing Customer Due Diligence (“CDD”)

measures.

This

means we are legally obliged to know who our customers are, and we fulfil this

requirement by requesting information from you, including personal information,

to authenticate and verify your identity.

Such

information may include your full name, home address, phone number, email

address, date of birth, country of residence, nationality, government issued

identification, tax identification number, bank account information, a liveness

video or photograph, the purpose of the transaction and the source of your

funds (collectively and individually, “KYC Documents”).

The

nature and extent of the information we request may differ based on our risk

assessment policy. In some instances, we may contact you to obtain additional

KYC Documents, and we will not be able to process your order until the

information requested is provided in a timely manner and to our satisfaction.

You

confirm that all information you provide to us is accurate and complete, and

agree to keep us updated if any information provided changes.

You

consent to the collection of information and permit us to keep records of such

information, which will be stored in accordance with applicable data protection

laws. For more details, please read the Privacy Policy.

You

also authorise us to make enquiries, whether directly or through third parties,

that we consider necessary to verify your identity. When we carry out these

enquiries, you acknowledge and agree that your personal information may be

disclosed to credit reference, fraud prevention or financial crime agencies.

No

Liability for Errors.
  You agree and

represent that you are solely responsible and that we will not be liable for

any error with respect to the instructions you provide to us, including

inaccurate, incorrect and/or incomplete wallet address and/or bank account

information.

Safety

& Security.
 You agree and represent that

we are not liable for damages, losses or interruptions caused by any computer

viruses or other malicious code that may affect your computer or other

equipment, or any phishing, spoofing or other attack. We advise the regular use

of a reputable and readily available virus screening and prevention software.

You should also be aware that websites, SMS and email services are vulnerable

to spoofing and phishing attacks and should use care in reviewing messages purporting

to originate from us or supported/endorsed by us.

YOU

ACKNOWLEDGE THAT WE MAY AT ANY TIME AND IN OUR SOLE DISCRETION, REFUSE ANY

ORDER OR TRANSACTION SUBMITTED VIA THE SERVICES, IMPOSE LIMITS ON THE

TRANSACTION AMOUNT PERMITTED VIA THE SERVICES OR IMPOSE ANY OTHER CONDITIONS OR

RESTRICTIONS UPON YOUR USE OF THE SERVICES WITHOUT PRIOR NOTICE.

5.    CREDIT CARD & ALTERNATIVE PAYMENT METHODS

For

bank transfers, you agree and represent that when you make a payment to us in

connection with your order, you will use a bank account belonging only to

yourself (not that of a third party or legal entity) and that the name on the

bank account will match the name on the KYC Documents you provide to us.

You

agree and represent that you will not make any chargebacks, and/or deny or

reverse any payment or deposits that you have made.

For

card payments, you acknowledge that we shall not be liable for unauthorised use

by any third party of credit/debit cards, irrespective of whether or not the

credit/debit cards were reported stolen.

No

Guarantee of Payment Methods.
 The

availability of a method of payment depends on a number of factors including,

for example, where you are located, or limitations imposed by third party

payment processors and financial institutions.

Cash

Advance Fees for Credit Card Payments.
 Please

note that if you use a credit card to Purchase marketing services,

your credit card provider may categorise the transaction as a

cash advance. In such circumstances, cash advance fees and

higher interest rates (for example, interest accruing as soon as the

transaction is executed) may apply. Please switch to debit card payments

or bank transfers to avoid unexpected fees.

6.    PAYMENTS & TRANSFERS

Purchase

Payments.
  You understand and accept the following

terms pertaining to Fiat Money payment you make to us in connection with your

Purchase order:

a.    a payment may, in our sole discretion, not be accepted by us if it is

made:

§  to a different beneficiary than specified in the payment instructions

presented to you when you place your order; or

§  by a different person i.e. a person that is not you and who did not

create your Purchase order.

b.    in the event the payment received into our bank account, net any

applicable bank or administrative fees, is lower than the payment amount

required to fulfil your Purchase order, we shall, in our sole discretion,

either:

§  automatically update and fulfil the Purchase order in accordance with

the payment amount net fees actually received and send a notification with the

updated order; or

§  contact you to receive new instructions to amend or cancel your order.

c.     in the event the payment received into our bank account, net any

applicable bank or administrative fees, is higher than the payment amount

required to fulfil your Purchase order, we shall, in our sole discretion,

either:

§  update your Purchase order according to the amount actually received,

for amounts where the discrepancy is not more than EUR 1,000 (or its equivalent

in other currencies), and send a notification to you about the updated order;

or

§  contact you to receive new instructions to amend or cancel your order.

a.    a transfer may, in our sole discretion, not be accepted by us if it is

made to a different company wallet address than specified in the transfer

instructions presented to you when you place your order;

b.    in the event the transfer actually received into our wallet address, net

any applicable fees, is lower than the transfer amount required to fulfil your

Sale order, we shall, in our sole discretion, either:

§  automatically update and fulfil the Sale order in accordance with the

transfer amount, net fees, actually received, and send a notification with the

updated order; or

c.     in the event the transfer received into our wallet address, net any

applicable fees, is higher than the transfer amount required to fulfil your

Sale order, we shall, in our sole discretion, either:

§  for any amount received that is higher by up to five percent (5%) than

the transfer amount required to fulfil your Sale order, we may update your Sale

order according to the amount actually received, and send you a notification

about the updated order; or

7.    PRICE, EXECUTION & DELIVERY

The

final price is the locked-in price which appears on the Site right before your

order is executed (“Final Price”). By clicking the ‘Create Order’

button you are executing your order (“Execution”) and authorising us to

process the transaction at the Final Price.

Some

payment methods are quicker than others, for example, credit card payments are

normally instant. However, bank transfers like SEPA may take up to 24

hours (or longer if outside banking hours like the weekend and public holidays)

before we receive the funds. To guarantee the Final Price you MUST immediately

send us proof of payment i.e. your receipt/invoice. Failing to do this as soon

as possible, shall mean that we are unable to guarantee you the Final

Price. Until then, any order by you shall be considered as pending and

incomplete.

Upon

Execution, the order is FINAL and BINDING, and we will process the order

(subject to the completion of CDD procedures to our satisfaction) in accordance

with the instructions we receive from you.

REGARDLESS,

PLEASE NOTE THAT WE RESERVE THE RIGHT TO EXECUTE ANY & ALL TRANSACTIONS.

In

some cases, we may contact you to obtain additional KYC Documents in attempts

to avoid declining a transaction or order.  We are unable to guarantee the

Final Price if you do not respond immediately and reserve the right to re-quote

a new Final Price in instances where there is undue delay.

We

shall also provide you, either on the Site or via email, a transaction

confirmation, detailing the Final Price and other particulars of the

transaction (“Tax Invoice”).

8.    CANCELLATIONS & REFUNDS

Cancellation

Policy.
  You acknowledge and agree that any order or

transaction once marked as executed or completed cannot be cancelled, changed

or reversed.

Unsuccessful

Payments.
  If your payment method is declined, whether

due to insufficient funds or deemed unsuccessful for any other reason, we may:

  • cancel the transaction;
  • fulfil a portion of the transaction; or
  • debit alternative payment methods provided by you, in the amount

    necessary to complete a pending transaction.

If

any fees applied on failed payment attempts in the course of executing your

Sale order, and such failure is reasonably attributed to an error by you, such

fees shall be deducted from either:

  • the amount of Fiat Money that is transferred to you if the order is

    subsequently executed; or

We

may, at any time, cancel or deny processing any order, with immediate effect,

for any reason, including but not limited to where we are required to do so by

law; where we reasonably believe that we need to do so in order to protect our

reputation; and where we reasonably suspect the order or transaction involves

illegal activity including money laundering, terrorist financing, fraud or any

crime (financial or otherwise).

Refund

Policy.
 You can ask for refund up to 14 days from paying for the service, with

deduction of the used services.

Refund

Rights.
 You are entitled to a refund if you are

unable or unwilling to fulfil our CDD measures including but not limited to

providing us with requested KYC Documents.

You

are entitled to a refund where an unauthorised or incorrect transaction occurs

as a result of our fault, provided you have notified us within 72 hours of its

occurrence and you have not acted fraudulently, intentionally or negligently.

9.    AMENDMENTS & TERMINATION OF THE AGREEMENT

Amendments. We

may amend, modify, update and change any of the terms contained in the

Agreement from time to time.

We

will notify you of any amendment, modification, update and change by publishing

a new version of the Agreement here, or by email. Any new version of the

Agreement will take effect immediately upon publication on the Site, and your

use of the Site and/or the Services after this period will be deemed to

constitute your acceptance of the new version of the Agreement.

Termination

by Us.
 We may, at any time, terminate the Agreement,

with immediate effect, for any reason, including but not limited to where:

A.   we are required to do so by law, regulation, competent court order, or

other competent authority;

B.   we reasonably believe that we need to do so in order to protect our

reputation;

C.   we consider you to be in breach of the provisions contained in the

Agreement, or applicable law or regulation or in conflict with our compliance

policies;

D.   we reasonably suspect illegal activity including money laundering,

terrorist financing, fraud or any crime (financial or otherwise);

E.   any of our third party service providers deny providing you the

Services;

F.    force majeure events, including operational and technical errors occurs;

and

G.  upon our request, you have failed to provide us with information, or the

information provided does not meet our requirements.

Where

termination of the Agreement is for reasons listed in A.C. or D.,

we reserve the right to:

Termination

by You.
  You may, at any time, terminate the Agreement,

with immediate effect, for any reason. Upon termination of the Agreement, you

shall:

  • stop using the Site and/or the Services;
  • pay us any Fiat Money which you owe to us;

Retaining

or Erasing Information.
  Following the

termination of the Agreement, we may retain your personal information for as

long as we have a business or tax need or as required under applicable

laws; provided however, in cases where such a need or legal requirement does

not exist, we shall erase and discard your data upon your written request,

subject to the requirements of applicable data protection legislation.

10.                    ACCESS,

AVAILABILITY & ACCURACY

Site

and Services Access & Availability.
 Although

we strive to provide you with a high standard of service, we cannot guarantee

that the Site and Services will be available without interruption, secure,

error-free or free from any digital attack. Further, access to the Site and

Services may become degraded or unavailable, especially during times of

significant volatility or volume, and this could result in the inability to

Purchase and Sell for periods of time.

Site

Accuracy & Changes.
 Although we

strive to provide you with accurate and timely information on the Site, the

content may not always be correct, complete or current and may include

technical inaccuracies or typographical errors. As such, you should verify all

content and information contained on the Site before relying on it. In an

effort to provide you with as complete and as precise information as possible –

information may be changed or updated from time to time, without notice to you.

11.                    PERSONAL

INFORMATION

We

collect, process, transfer and store your personal information in accordance

with our Privacy Policy. Accordingly, you represent and warrant that:

  • your disclosure to us of any personal information was or will be

    made in accordance with all applicable data protection and data privacy

    laws, and those data are accurate and complete when disclosed; and
  • before providing personal information to us, you acknowledge that

    you have read and understood our Privacy Policy, a copy of

    which is available here.

Please

note that we understand how important your privacy is and we are committed to

protecting the security and confidentiality of the personal information you

entrust to us.

12.                    THIRD PARTY

SERVICES

The

Services may be available on and/or linked to through certain third party

partner exchanges and third party service providers (collectively “Third

Party Services
”). Third Party Services are independent from the Services,

and have their own separate terms of use, privacy policy and related

agreements, and we encourage you to read them.

We

may use, share and transfer your personal information to Third Party Services

for the purpose of providing you with the Services or the improvement thereof,

as well as to comply with AML and CTF regulations, procedures and guidelines.

You acknowledge and agree that we may provide personal information and

documentation about you.

13.                    LIMITATION OF

LIABILITY & INDEMNIFICATION

Disclaimer

of Warranties.
 THE SITE AND SERVICES ARE

PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE SPECIFICALLY DISCLAIM

AND YOU WAIVE, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS

OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation

of Liability. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL WE (OR ANY

OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, RELATED ENTITIES AND THIRD PARTY

SERVICES) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,

INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND WHATSOVER, ARISING OUT

OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE AND/OR

SERVICES.

WITHOUT

DEROGATING FROM ANY OTHER PROVISIONS IN THE AGREEMENT, AND TO THE MAXIMUM

EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR (OR ANY OF OUR OFFICERS,

DIRECTORS, EMPLOYEES, AGENTS, RELATED ENTITIES AND THIRD PARTY SERVICES) TOTAL

LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE

SITE AND/OR SERVICES EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU FOR THE

PARTICULAR SERVICE THAT IS THE SUBJECT OF THE CLAIM OR CAUSE OF ACTION.

You

acknowledge and agree that no claim or cause of action may be brought by you

for breach of the Agreement more than one (1) year after the occurrence of such

claim or cause of action.

You

further acknowledge and agree that the limitation of liability is an essential

and agreed allocation of risk constituting, in part, the consideration for the

Service to you.

Indemnity. You

agree to protect, defend, indemnify and hold us (and any of our officers,

directors, employees, agents, related entities and Third Party Services)

harmless from any claims, demands, costs, expenses, losses, liabilities and

damages arising from any breach by you of the terms of the Agreement, including

any fraudulent, negligent or reckless act, omission or your misuse of the Site

and/or Services.

14.                    INTELLECTUAL

PROPERTY RIGHTS

The

trademarks, trade names, service marks and logos and others used on the Site

belong to us and its respective owners (third party exchange partners and

service providers). The software, applications, text, images, graphics, data,

prices, trades, charts, graphs, video and audio materials used on this Site belong

to us and cannot not be copied, reproduced, modified, republished, uploaded,

posted, transmitted, scraped, collected or distributed in any form or by any

means, no matter manual or automated, without our prior written consent. The

use of any content from the Site on any other site or a networked computer

environment for any purpose is strictly prohibited.

15.                    COMMUNICATIONS

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 use of the Services. We will provide these

Communications to you by posting them on our website, emailing them to you at

the email address you provided, communicating to you via instant chat, and/or

through other electronic communication such as text message or mobile push

notification.

Withdrawal

of Your Consent.
 You may withdraw your

consent to receive Communications electronically by following the unsubscribe

instructions in the email/SMS or contacting us at privacy@micra2016.com and

requesting to opt out.

Please

note that even if you unsubscribe from our marketing mailing list, we may

continue to send you service-related updates and notifications or respond to

your enquiries or complaints, and similar communications.

16.                    FEEDBACK,

COMPLAINTS, DISPUTES & GOVERNING LAW

We

are committed to providing a high standard of service. If you have any

feedback, questions, or dissatisfied with the service you have received and

wish to submit a complaint, please do so via email to info@micra2016.com.

Please

provide us with the following details in order for us to be able to process

your complaint expeditiously:

  • your name, email address, and any other information that we may

    need to identify you;
  • a clear description of your complaint;
  • details of what you would like us to do to resolve your complaint;

    and
  • any other relevant information and correspondence.

In

the event of a dispute arising and relating to the Agreement, the parties shall

first try to resolve it by contacting the other party directly in the attempt

to reach an amicable resolution.

Governing

Law and Jurisdiction.
 Any disputes

and claims that cannot be resolved amicably will be submitted to the exclusive

jurisdiction of the courts in Netherlands and shall be governed by and

construed in accordance with the laws of the Netherlands.

17.                    GENERAL

Taxes. It

is your responsibility to determine whether, and to what extent, any taxes

apply to any transactions you conduct through the Services, and to withhold,

collect, report and remit the correct amounts of taxes to the applicable tax

authorities.

Assignment. We

may assign our rights and obligation, either in whole or in part, under the

Agreement. Your rights and obligations are personal to you, and therefore

non-assignable.

Entire

Agreement.
 The Agreement constitute the entire agreement

in relation to your use of the Site and/or Services.

Severability. If

any provision of the Agreement shall be deemed invalid, void, or for any reason

unenforceable, then that provision shall be severable and will not affect the

validity and enforceability of any remaining provisions.

Change

of Control.
  In the event that we

are acquired by or merged with a third party entity, we reserve the right, in

any of these circumstances, to transfer or assign the information that we have

collected from you, including any personal information, as part of such merger,

acquisition, sale, or other change of control.

Force

Majeure
.  We shall not be liable for delays, failure

in performance or interruption of service which results directly or indirectly

from any cause or condition beyond its 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 terrorists, civil disturbance, war, strike or

other labour 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.

Enforcement

of Our Rights.
 We may not always strictly

enforce our rights under the Agreement. If we do choose not to enforce our

rights at any time, this is a temporary measure and we may enforce our rights

strictly again at any time.

Survival. All

provisions contained in the Agreement, which by their nature extend beyond the

expiration or termination of the Agreement, will continue to be binding and

operate after the termination or expiration of the Agreement.

Language. The

Agreement and any information or notifications that you or we are to provide

should be in English. Any translation of the Agreement or other documents is

provided for your convenience only and may not accurately represent the

information in the original English. In the event of any inconsistency, the English

language version shall prevail.