Terms and Conditions

Please read these terms and conditions carefully before using this website and our service. Using this site indicates that you accept these terms and conditions. If you do not accept these terms and conditions, do not use this Site. We may change our terms and conditions from time to time so you should review them regularly. Your use of this site will be deemed an acceptance of the terms and conditions existing at that time.

Contracting Parties

These terms and conditions constitute a legal and binding agreement between you and: BananaCrystal Payments, Inc., a company incorporated in Canada and having its registered office at 200 North Service Road West Suite 425 Oakville, ON L6M 2Y1 Canada (“BananaCrystal”). In these terms and conditions, a reference to “BananaCrystal”, “we”, “us” or “our” is a reference to BananaCrystal. A reference to “you” or ”your” is a reference to the entity that signs up for an account on our service.

Subject matter

BananaCrystal’s business model, and its service, facilitates the peer to peer sending and receiving of payments powered by blockchain and cryptocurrencies technology payment rails.

Risk Warning

You know and understand that dealing with new technologies like blockchains and cryptocurrencies carries high risks and the possibility of losses to zero. BananaCrystal cannot be held responsible for any losses.

1. Buying, selling and sending payments in cryptocurrencies is not without risk. The risk of loss in holding cryptocurrency and converting to fiat currency can be substantial. You should therefore carefully consider whether sending and receiving payments using cryptocurrencies payment rails or holding cryptocurrency is suitable for you in light of your financial condition. In considering whether to hold cryptocurrency, you should be aware that the price or value of cryptocurrency can change rapidly, decrease, and potentially even fall to zero
2. The cryptocurrencies market information relating to the past performance of a cryptocurrency is not necessarily a guide to its performance in the future. The value or income from them may go down as well as up. Like stocks and shares as well, cryptocurrencies are valued from second to second, their bid and offer value fluctuates sometimes widely. The degrees of fluctuation of prices vary significantly and the value of higher volatility funds may change suddenly. The value may rise or fall due to the volatility of world markets, interest rates and capital values or, for cryptocurrencies held in overseas markets, changes in the rate of exchange in the currency in which the cryptocurrencies are denominated. You may not necessarily get back the amount you paid for i
3. You know and understand cryptocurrency also has certain risks which can cause a complete loss to zero. As cryptocurrencies are not official currency and the legal status is still undefined, their legal nature is subject to change under different jurisdictions. Unlike official currencies, which are backed up by governments or other legal entities like the central banks, cryptocurrencies are a private currency, generated by the whole world. There is no central bank that can take corrective measures to protect the value of cryptocurrencies in any potential crisis
4. You know and understand cryptocurrencies could be affected by hackers, change of laws, official restrictions, frauds, technical issues, collapse of infrastructure and many other possible threats
5. All content provided through this website is only for your personal information and use, and is not intended to address your particular requirements or to be relied upon in making (or refraining from making) any specific investment or other decision. Such content shall not constitute any form of advice or recommendation by BananaCrystal. Furthermore, there may be additional risks that BananaCrystal have not foreseen or named in this Terms of Use
6. BananaCrystal does not provide any investment advice in connection with the services contemplated by these Terms of Use. We only provide information on the price, range, volatility of cryptocurrencies. Any decisions to buy or sell fiat or cryptocurrencies and send or receive payments are made by your decision solely. BananaCrystal will not be liable for any gains or loss you might face.
7. If you are unsure about any specific investment or other decision, you should obtain appropriate expert independent financial advice and assess carefully whether your financial background is suitable for holding cryptocurrencies. Your decisions and investments are subject to your personal responsibility
8. You acknowledge that BananaCrystal shall not be responsible for the viability of the hardware and software used by users, especially including but not limited to the used browsers. It is subject to your personal responsibility that your hardware and software meet the requirements of your specific investments.

Local Laws

All users are solely responsible for compliance with the laws in their jurisdiction and all other laws or regulations applicable under their jurisdiction. This service is not directed at or to be distributed to any persons domiciled under any jurisdiction where its distribution or the service described may be contrary to local laws or regulations. You shall be responsible for identifying the requirements of your local laws and regulations and to ensure you are not in breach thereof.

Prohibited Jurisdictions

- Afghanistan

- Balkans

- Belarus

- Burma (Myanmar)

- Central African Republic (the)

- Congo (the Democratic Republic of the)

- Cuba

- Ethiopia

- Guinea-Bissau

- Hong Kong

- Iran (Islamic Republic of)

- Iraq

- Nicaragua

- North Korea (the Democratic People’s Republic of)

- Libya

- Mali

- Russia

- Somalia

- South Sudan

- Sudan (the)

- Syrian Arab Republic

- The following regions of Ukraine: Crimea, Donetsk and Luhansk

- Venezuela (Bolivarian Republic of)

- Yemen

- Zimbabwe

Taxes

All users are solely responsible for compliance with the local tax laws applicable under their jurisdiction. Sending and Receiving payments and Buying/Selling might have tax effects under your local law. If appropriate, we recommend you take legal advice before buying or selling anything or sending and receiving payments.

Registration and Account Obligations

1. You must be 18 years old or older to register and use our service
2. Only one registration per person is allowed. You must keep your registration information up to date
3. You must choose an email address which gives you frequent access to emails sent to that address, as we need to be able to contact you short notice. You must keep your password confidential
4. You must not, (1) impersonate or try to impersonate another person, (2) disclose your password to anyone else, (3) allow anyone else use your account or (4) use anyone else’s account.
5. You are responsible for everything done using your account especially all damages caused. If you think that someone else may have access to, or be using, your password or account, you must inform us as soon as possible by email at support@ banacrystal.com
6. From time to time, we may restrict access to some parts of this site, or this entire site, to users who have registered with us for certain reasons
7. You are obliged to treat your user identification code, password or any other piece of information as part of our security procedures as confidential, and you must not disclose it to any third party. BananaCrystal has the right to disable any account, if in our opinion you have failed to comply with any of the provisions of these terms and conditions until proven otherwise by the user.

Registration and Mandatory Documents

In order to use our service you have to apply for and create an account through the registration process. BananaCrystal may grant your account or not. There is no obligation for BananaCrystal to provide you with an account.

1. Under Identification Verification and for Know Your Customer (KYC) & Anti Money Laundering (AML) purposes:
  - - First name/Family Name
  - - Last name/Surname
  - - Date of birth
  - - Citizenship
  - - Residential Address
  - - Country of Residence
  - - City
  - - Zip Code
  - - SSN/EIN/TIN (for US residents only)
  - - SIN (for Canadian residents only)
  - - National Insurance Number (for UK residents only)
  - - Bank Verification Number (for Nigerian residents only)
  - - National Identity Card (for all other countries)

Under “Document Verification”: We will need to verify your identity and residence before using our services to add or withdraw funds. You are required to provide a certified copy of one of the following valid identification documents:\
Driver’s license
National ID
Passport
Utility Bills as proof of residency

By submitting your personal data and documents you state that you are the person registering for an account and all the information you provide are true.

Please ensure that the copies you provide are certified by a regulated professional person such as a lawyer, accountant, banker or a government body. Please note that we will require the copy of the document that was physically signed by the person certifying your identification documents, not a photocopy of the same. The person certifying the copy of the original will need to include his/her full name, profession, name and place of employment and the date the copy was certified.

We will try to process your application for an account, including any document or identity verification we deem necessary in our sole discretion, as promptly as possible.

Using BananaCrystal’s Services

1. Without limiting other remedies, we may, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to our services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our services if:
  - - we think that you are creating problems or possible legal liabilities;
  - - we think that such restrictions will improve the security of the BananaCrystal community or reduce our or another BananaCrystal user’s exposure to financial liabilities;
  - - we think that you are infringing the rights of third parties;
  - - you attempt to gain unauthorized access to the website’s services or to another registered user’s account or provide assistance in doing so;
  - - we think that you are acting against this Terms of Use; or
  - - you fail to pay us all fees due for our services by your payment due date.

1. Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your BananaCrystal password to anyone. If you do share your password or your personal information with others, register another user, you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify BananaCrystal and change your password.

1. If you are successful in your application for an account, you may credit your account with payments of US dollar, Bitcoin, Ethereum, Litecoin or other fiat and cryptocurrencies by accessing your wallet page and following instructions or prompts under the deposit section.

1. BananaCrystal securely stores 100% of all cryptocurrency associated with your BananaCrystal account in a combination of online and offline storage. As a result, it may be necessary for BananaCrystal to retrieve this information from offline storage in order to facilitate a cryptocurrency transaction in accordance with your instructions, which may delay the initiation or crediting of such cryptocurrency transaction for 48 hours or more. As a user of the BananaCrystal services, you accept the risk that a cryptocurrency transaction facilitated by BananaCrystal may be delayed and you agree not to hold BananaCrystal responsible for any damages or injury arising out of or related to such delay.
2. Any registered user who is acting against these rules may be terminated, and thereafter held liable for losses incurred by BananaCrystal or any user of the website.
3. You agree that you will not use our service for criminal activities of any kind, including but not limited to, hacking, prostitution, money laundering, terrorist financing, illegal gambling operations or drug/weapon deals.
4. You agree that any disputes between you and BananaCrystal will be resolved by binding individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

Fees

1. The fees we charge for using our services are listed on relevant sections of the website. We may change our fees from time to time with no prior notice.
2. In order to receive fees, we use our banking/payment providers. Our banking providers do not transfer cryptocurrencies, they only transfer money.

Market and Cryptocurrency Removal

BananaCrystal is committed to the blockchain industry and the innovation that it brings to everyone’s lives. To stay true to this commitment, we see to it that our users have access to quality blockchain technologies and digital tokens.

There are situations wherein BananaCrystal may opt to remove a cryptocurrency from its platform. BananaCrystal reserves the right to remove a listed cryptocurrency or market without prior notice and for any reason that the company sees fit.

These are some factors that largely contribute to a coin being delisted from BananaCrystal:

- Emergence of a regulatory standard or compliance issue

- Poor reception from the community

- Limited activity

- Complaints from users of the currency

- Currency’s technology is defective, or has been compromised

- Withdrawal of support from the cryptocurrency’s team

- Violation of BananaCrystal’s Terms of Use and other policies

Take note that this is not an exhaustive list of possible reasons why a market or cryptocurrency will be removed from our listing, but this may serve as your general guide.

BananaCrystal may publish its intention to remove a crypto currency or a market in the future. If circumstances warrant it, BananaCrystal may delist any cryptocurrency or market without any prior notice. All notices regarding delisting circumstances may be published on our announcements/blog/news pages.

We generally seek to provide up to 14 days for users to withdraw their tokens after the date that a market or token is delisted. This way, we can provide ample support to those that wish to migrate delisted currencies to their own wallets or to a different external wallet.

We urge users to withdraw delisted currencies from their BananaCrystal accounts prior to the set withdrawal deadline. After the delisting date that we have provided, we will be unable to help effectuate withdrawals from the platform. To prevent any issues, users should withdraw any delisted tokens that they have before the withdrawal deadline.

Reversals, Cancellations and Refunds

Once a transaction is initialized, refunds or cancellations are generally not available – although this is up to each individual fiat gateway. BananaCrystal is in no way involved with the transaction between you and the gateway. As such, see the terms of the gateway you transacted with.

You are not permitted to cancel, change or reverse any transaction. BananaCrystal reserves the right to refuse to process, cancel or reverse, any purchases, deposits, or withdrawals at our sole discretion, if we suspect the transaction involves or could be involved in criminal activity, or is a violation of our prohibited activities policy/Internal policies or in response to binding legal, governmental or regulatory orders.

In the event that BananaCrystal is able to cancel a transaction, BananaCrystal is not required to reprocess your transaction on the same terms as the cancelled transaction.

BananaCrystal is under no obligation to provide refunds for any deposited or transacted funds.

Specifically, all payments are done through the blockchain/crypto payment rails and are nonrefundable. All peer-to-peer payments are irreversible and nonrefundable. All funds added to your account are nonrefundable. All funds withdrawn from your account are nonrefundable.

There are no refunds or chargebacks on all payment transactions on BananaCrystal.

ACH and Credit Card Transactions

The maximum transaction amount for credit card transactions and funding is $1,000.00 USD.
There may be a 4 – 7 business day hold placed on your tokens/coins purchased using a credit card. This shall restrict your ability to transfer out your tokens/coins from BananaCrystal during the hold period. ACH transactions have higher limits and requires that you complete KYC before use.

Credit Refund Requirements

You acknowledge that Executed ACH and credit card transactions are non-cancelable and you cannot change or reverse any transaction – whether completed or pending (including any order in which the Wallet Address has not yet been verified by you.

If BananaCrystal reasonably believes that a fraudulent act was or is made by you or in connection with your Account, including use of stolen credit cards or any other fraudulent activity (including any chargeback or other reversal of a payment), it reserves the right to close or suspend your Account, terminate the Terms of Use, and/or reverse or withhold any payment. BananaCrystal shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity and may employ collection services to recover payments. BananaCrystal shall not be liable for any unauthorized use by any third party of credit/debit cards, irrespective of whether or not the credit/debit cards were reported stolen.

BananaCrystal specifically makes no warranties, representations or guarantees regarding the time required to complete processing any request provided by you, including ACH, electronic debit or credit using credit cards, bank accounts or checks, which are dependent upon many factors beyond the Company’s control. Without derogating from the aforementioned, BananaCrystal makes commercially reasonable efforts to process your requests in a timely manner.

Termination

1. You are allowed to terminate this agreement with BananaCrystal, and therefore close your account at any time, if all your maybe pending transactions have been settled.
2. After a corresponding notice in advance, we have the right to cancel unconfirmed accounts or accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our website or service. Registered users agree that BananaCrystal will not be liable to them or to any third party for termination of their account or access to the website.
3. The suspension of an account shall not affect the payment of the commissions due for past transactions. Upon termination, registered users shall communicate a valid bank account to allow for the transfer of any currencies credited to their account. Said bank account shall be held by the registered user. If there is not any other possibility to transfer the registered user’s cryptocurrencies, they may be transferred to a valid bank account only after conversion into a currency. BananaCrystal shall transfer the currencies as soon as possible following the registered user’s request in the time frames specified by BananaCrystal.
4. BananaCrystal will send to you the credit balance of your account. If intermediaries are involved in an international payment and the beneficiary bank deducts charges, we will use reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment. However, if they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance, and that you agree to be responsible for such charge.

Availability

1. All services provided by BananaCrystal are without any warranty. There is no warranty or claim by us for this website being available all the time. We do our best to meet your needs at the given instance
2. We may suspend the time of non-availability including but not limited to an event of force majeure or due to unexpected maintenance. We will make reasonable efforts to give you notice. This may not be possible in a case of emergency
3. 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, force majeure, any delay or failure due to any act of god, act of civil or military authorities, act of terrorism, pandemics, 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.

Limitation of Liability

BananaCrystal’s liability – irrespective of its legal ground – shall be limited as follows:

1. Limited Liability: BananaCrystal shall be liable with limitations (1) in case of intent and gross negligence, (2) in case of injuries to life, body or health, (3) pursuant to the terms under a guarantee given by BananaCrystal.
2. No Liability: BananaCrystal shall not be liable irrespective of the legal ground except as expressly set above. BananaCrystal shall not be liable for the viability of the hardware and software used by users, especially including but not limited to the used browser.
3. BananaCrystal shall not be held liable for loss of payment, loss of revenue, loss of data, loss of profit, loss of business, loss of opportunity or any loss suffered by fraud by third parties.

Modification of Terms

BananaCrystal can change, add or remove parts of these terms at any time and at its sole discretion. You will be notified of any changes in advance through your account or the website. Therefore you have the obligation to check your email account or website regularly. Your further use of our service shows your acceptance of the changed terms of use.

Disclaimer

1. The BananaCrystal website may provide links or other forms of reference to other websites or resources. BananaCrystal does not have control over external websites. BananaCrystal is providing these links only as a voluntary service and is thus not responsible for them and their contents
2. If BananaCrystal links to an external website, it will review this website and its content with reasonable control. If BananaCrystal notices any infringement or is made aware of any infringement, it will examine and may remove the infringing link.
3. Although we intend to provide accurate and timely information on our website, the BananaCrystal website 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 on it, and all decisions based on information contained on the BananaCrystal website are your sole responsibility and we shall have no liability for such decisions.

Indemnification

You will indemnify and hold BananaCrystal harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement, your improper use of BananaCrystal’s services or your breach of any law or the rights of a third party.

Validity

If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

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Jurisdiction and Applicable Law

The Ontario Provincial courts in Canada will have exclusive jurisdiction over any claim arising from, or related to this service. These terms and conditions are governed by the laws of Canada.