TERMS AND CONDITIONS
1. INTRODUCTION
The company FLASHCHANGE Terms of Use is as defined below and is entered into between you (hereinafter referred to as "you" or "your") and FLASHCHANGE. By viewing, accessing, downloading, using or clicking on "I agree" to accept any FLASHCHANGE Services (as defined below) provided by FLASHCHANGE (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as "these Terms") as well as our Privacy Policy at flashchange privacy policy. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features. Before you use any FLASHCHANGE Services, please take some time to read the important Terms of Use below as they govern and guide your potential use of the services in which FLASHCHANGE offers. By accessing, using or attempting to use FLASHCHANGE Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms and Conditions. If you do not agree, do not access FLASHCHANGE or utilize the services offered by FLASHCHANGE
2. DEFINITIONS
FLASHCHANGE refers to a service based ecosystem and platforms comprising FLASHCHANGE websites (whose domain names is (flashchange.io), mobile applications, clients, applets and other applications that are developed to offer FLASHCHANGE Services, and includes independently-operated platforms, websites and clients within the ecosystem (e.g. FLASHCHANGE's Giftcard Sale Platform) In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.
- FLASHCHANGE Services - the various services provided by FLASHCHANGE to you (user) via the FLASHCHANGE websites, mobile applications, other platforms.
- FLASHCHANGE Platform Rules - all user guides, arrangements, notices, directions, procedures and other provisions as may be prescribed or published from time to time by FLASHCHANGE, as well as all regulations, implementation rules, product process descriptions, and announcements published by FLASHCHANGE.
- Users - all individuals, institutions or organizations that view, access, download or use FLASHCHANGE platforms or FLASHCHANGE Services offered and who meet and agree to the term and conditions as stated by FLASHCHANGE.
- Digital Currencies - digital tokens with a certain value that are virtually based on blockchain technologies.
- Digital Assets - Digital Currencies, their derivatives or other types of digitalized assets with value.
- FLASHCHANGE Accounts - virtual accounts which are opened by FLASHCHANGE for their Users to record on FLASHCHANGE their usage of the FLASHCHANGE Services, transactions, asset changes and basic information.
- Gift-Card Trading - spot transactions in which Digital Gift cards are exchanged for currencies or vice versa.
3. FLASHCHANGE SERVICES
Flashchange offers various services to Users which can be accessed via our platforms. Some of these services Includes: i) Digital Assets-to-cash Trading; ii) Gift-Cards Trading, iii) Bill Payments; and iv) Remittance to foreign Countries.
4. ACCOUNT REGISTRATION AND REQUIREMENTS
To use any of our FLASHCHANGE Services, you have to create a FLASHCHANGE Account through any of our platforms. To create a FLASHCHANGE Account, you will provide us with certain information such as your email, first name, last name, business name and phone number and we may seek to verify your information, (by ourselves or through third parties), after which we will approve your account unless deemed risky. You permit us to do all these. In the event that you change any information provided to us at registration including your address, financial institution or mode of payments, you agree to notify us within 14 days of such change. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us. You are allowed to maintain only one account at any given time with us.
5. KYC OBLIGATION
We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction e.g. your recipient) in order to provide any services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. We reserve the right to close, suspend, or limit access to your FLASHCHANGE account and/or the FLASHCHANGE Services in the event that we are unable to obtain or verify this information. You authorize us to obtain one or more of your credit reports, from time to time, to establish, update or renew your account with us or in the event of a dispute relating to this Agreement. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within three (3) years after your account is closed, in compliance with global industry standards on data storage.
6. ACCOUNT USAGE AND ELIGIBILITY
By registering to use a FLASHCHANGE 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 other trading Services or platforms;
- (iv) your use of FLASHCHANGE 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.
FLASHCHANGE reserves the right to change, modify or impose additional restrictions at its discretion at any point in time. The FLASHCHANGE Account can only be used by the account registrant. FLASHCHANGE reserves the right to suspend, freeze or cancel the use of FLASHCHANGE 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 FLASHCHANGE immediately. FLASHCHANGE assumes no liability for any loss or damage arising from the use of FLASHCHANGE Account by you or any third party with or without your authorization.
7. ACCOUNT SECURITY
FLASHCHANGE as a company is committed to maintaining the security of its User entrusted funds, and has a result implemented industry standard protection for FLASHCHANGE Services. However, the actions of individual users may pose risks to the security of their account. You are solely responsible for maintaining adequate security and control of any email IDs, passwords, or other details you use to access your FLASHCHANGE Account. You agree not to allow anyone else to have or use your password details and comply with all reasonable instructions regarding account access and security. In the event you share your password details, we will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access our services (including, without limitation, enabling 2FA, using PIN and/or password-protected personally configured device and not sharing your device with other people). We advise that you immediately change your password and contact our customer support if:
- anyone asks for your password, OTP or any other security-related aspect of your FLASHCHANGE Account.
- your email address becomes compromised.
- you suspect your FLASHCHANGE Account or login details including your password or any other security features are stolen, lost, used without authorization or otherwise compromised.
- your transaction history shows transactions that you did not initiate.
As part of our security measures, we may suspend your account or otherwise restrict its functionality if we have concerns about the security of your account or any of its security features; or potential unauthorized or fraudulent use of your FLASHCHANGE Account or any of its security features.
8. SOFTWARE LICENSE
We hereby grant you a revocable, non-exclusive, non-transferable license to use our software applications (the "Software") in accordance with the terms of this Agreement. This license grant includes all updates, upgrades, new versions and replacement software for your use in connection with the FLASHCHANGE Services. If you do not comply with the documentation and any other requirements provided by us, then you will bear the liabilities for all resulting damages that you, FLASHCHANGE and any third party may suffer as a result. Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software. Upon expiration or termination of this Agreement, you will immediately cease all use of any Software.
9. CHARGES AND FEES
You agree to pay us for the services we render. Our Fees will be calculated as demonstrated on the pricing page on our platforms. Subject to the terms of this Agreement, we will send to your designated bank or settlement account ("Bank Account") all amounts settled and due to you from your transactions, minus our service fees, and where applicable, any Reversals, Invalidated Payments, Chargebacks, Reversals, Refunds or other amounts that you owe to us under this Agreement ("Payout"). Should you have cause to dispute any amount appearing on the payment receipt generated on any transaction, you shall within Forty-Eight (48) hours of receipt of such Payment, notify us of such dispute, specifying the specific amount in dispute and alleged reasons or grounds for dispute, failing which it will be deemed that the payment is true and correct. We reserve the right to revise our fees. In the event that we revise our fees, we will notify you of such change via our platform.
10. VIRTUAL WALLETS, TRANSACTIONS, SERVICES AND PAYMENTS
We provide Virtual wallets services in conjunction with our bank and other third party service providers. When you purchase a digital asset, your money will be settled into your wallet following which you can withdraw into your bank account. In certain instances, you may be asked to provide us with additional documentations in order for us to meet our regulatory requirements, in which case you agree to provide such documents promptly. You represent and warrant to us that the documents you provide to us is up to date, complete and accurate. We are not a bank and banking services are provided by third party partner banks. Your FLASHCHANGE Account is solely for the purpose of reflecting the value of the balance from your transactions and are not for a bank account held by you. Funds being reflected in your FLASHCHANGE Account are not insured by the Nigerian Deposit Insurance Corporation (NDIC) or any other deposit protection scheme. All Customer funds are safeguarded; this means that pending when you withdraw the funds from the sale of a digital asset, FLASHCHANGE does not use your balance for operating expenses or other corporate purposes and will not make such funds available to its creditors in the event of bankruptcy. You must ensure that the information you provide to us when you send or withdraw money is accurate. Once a transaction is processed, it cannot be reversed (except where and to the extent, required by applicable law) and except as expressly set forth in this Agreement, we will not be liable in any way for any loss you suffer as a result of a transaction being carried out in accordance with your instructions (or a third party acting on your behalf or using your correct account credentials).
11. THIRD PARTY PAYMENT PROCESSING
In order to facilitate your transactions on our platforms, we have integrated our Service with the billing and payment solutions of certain payment processors, mobile money providers and credit card issuing banks ("Payment Processors"). When you use any of FLASHCHANGE Services, payments will be processed by such Payment Processors. Payment Processors have their own terms and conditions governing your use of their payment services. You understand and agree that FLASHCHANGE does not process payments and agree to comply with additional rules set by these Payment Processors. When you use our bill payment or remittance services, using your FLASHCHANGE Account or debit/credit card, you authorize the FLASHCHANGE and the Payment Processor to bill your account or card for the transaction amount.
12. INTELLECTUAL PROPERTY
FLASHCHANGE and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Application Programming Interface (API), Services, Dashboard, and Documentation (collectively, "Flashchange IP") or any copies thereof. FLASHCHANGE IP is protected by copyright, trade secret, patent, and other intellectual property Laws, and all rights in the FLASHCHANGE IP not expressly granted to you in this Agreement are reserved. Where you submit comments or ideas about improvements to the Service, our API, our Platform, or any other component of our products or Services ("Ideas"), we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that we have no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
13. WARRANTIES AND REPRESENTATIONS
It is your responsibility to abide by local laws in relation to the legal usage of FLASHCHANGE Services in your local jurisdiction as well as other laws and regulations applicable to you. YOU ACKNOWLEDGE AND WARRANT THAT YOUR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; YOU AGREE THAT FLASHCHANGE WILL REQUIRE YOU 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 YOUR FUNDS. We have zero tolerance for fraud and illegal activities and will not hesitate to seize, freeze, terminate any users' accounts and funds which are flagged for illegality. You further represent and warrant that:
- You have the full power, authority, regulatory approval and corporate authorisation to enter into, execute, deliver and perform this Agreement.
- You are duly organised, authorised and in good standing under the laws of any state, region or country of your organisation. You are duly authorised to do business in all other states, regions or countries in which your business operates.
14. DISCLAIMERS
FLASHCHANGE will try to ensure that the website is available at all times and bug-free. however, it is used at your own risk. Our website and services are provided "as is" without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, we make no warranty that our website and services will meet your requirements or that our website will be uninterrupted, timely, or error-free. We have the right to suspend, withdraw, discontinue or change all or any part of our service without notice. We will not be liable to you if for any reason our services are unavailable (in whole or in part) at any time or for any period. you are responsible for making all arrangements necessary for you to have access to the services.
15. LIMITATION OF LIABILITY
We will in no way be liable for any direct, indirect, incidental punitive, consequential, special or exemplary damages or any damages including damages resulting from revenue loss, profit loss, use, data, goodwill, business interruption or any other intangible losses (whether we have been advised of the possibility of such damages or not) arising out of our website or services (including, without limitation to inability to use or arising from the result of use of our website or services) whether such damages are based on warranty, tort, contract, statute or any other legal theory. our liability under this agreement shall not exceed the value of the relevant transaction or the sum of N5,000,000.00 (five million naira), whichever is lesser. If you have a dispute with any other FLASHCHANGE account holder or a third party that you send money to or receive money from using the Services, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
16. ANNOUNCEMENTS
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on flashchange.io. USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. FLASHCHANGE 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.
17. TERMINATION OF AGREEMENT
You may terminate this Agreement by closing your FLASHCHANGE account. We may, in our sole discretion suspend or close your FLASHCHANGE account and your access to our services and any funds, or terminate this Agreement, If;
- You do not comply with or breach any of the provisions of this Agreement;
- We are required to do so by law, government authority or agency, or law enforcement agency;
- We are directed by a Card Network or a financial institution; or
- Where a suspicious or fraudulent transaction occurs
- We have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.
If we close your FLASHCHANGE account or terminate your use of the Services for any reason, we will provide you with notice of our actions and make any unrestricted prepaid money held in your FLASHCHANGE Account available for withdrawal. You are responsible for all reversals, chargebacks, fees, fines, penalties and other liability incurred by FLASHCHANGE, any other FLASHCHANGE' customer, or a third party, caused by or arising out of your breach of this Agreement, and/or your use of the Services. On termination for any reason, all rights granted to you in connection with the App shall cease and you must immediately delete or remove the App from your devices. If you close your FLASHCHANGE Account, all pending transactions will be concluded except the contrary is expressly agreed by the Parties. Your FLASHCHANGE account will be closed promptly after such transactions are completed. Upon closure of your FLASHCHANGE Account, any unused balance in your account will be available for withdrawal into your designated bank or digital asset account within 5days of such termination. If you attempt to close your FLASHCHANGE Account during an investigation, we may hold your money until the investigation is fully completed. You agree that you will continue to be responsible for all obligations related to your FLASHCHANGE Account even after it is closed. In line with regulatory requirements, we are obligated to retain some of your data for purposes such as security, fraud, accounting, reconciliation, anti-money laundering and reporting purposes even after the closure of your account.
18. NO FINANCIAL ADVICE
You understand and agree that FLASHCHANGE 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 your use of FLASHCHANGE Services. No communication or information provided to you by FLASHCHANGE is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice.
19. PRIVACY POLICY
Access to FLASHCHANGE Services will require the submission of certain personal information. Please review FLASHCHANGE's Privacy Policy at Flashchange Privacy Policy for a summary of FLASHCHANGE's guidelines regarding the collection and use of personally identifiable information.
20. 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.
i. Notice of Claim and Dispute Resolution Period.
Please contact FLASHCHANGE first! FLASHCHANGE wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with FLASHCHANGE, then you should contact FLASHCHANGE and a ticket number will be assigned. FLASHCHANGE 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 FLASHCHANGE, 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 FLASHCHANGE. 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 FLASHCHANGE account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with FLASHCHANGE. After you have provided the Notice of Claim to FLASHCHANGE, the dispute referenced in the Notice of Claim may be submitted by either FLASHCHANGE or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to FLASHCHANGE for resolution internally and the delivery of a Notice of Claim to FLASHCHANGE are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding).
ii. Agreement to Arbitrate and Governing Law.
Subject to paragraph 1 above, These Agreement shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria. Parties agree to make reasonable efforts to settle all disputes amicably through their authorised representatives. Any dispute arising out of this Agreement which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to and finally resolved by arbitration under the Lagos Court of International Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Lagos, Nigeria and the language to be used in the arbitral proceedings shall be the English Language.
iii. Confidentiality.
The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic 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 parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, 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.
iv. Class Action Waiver.
You and FLASHCHANGE agree that any claims relating to these Terms or to your relationship with FLASHCHANGE as a user of FLASHCHANGE 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 FLASHCHANGE further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, or representative 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 FLASHCHANGE.
21. MISCELLANEOUS
Severability:
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. pending closure of your account.
Independent Parties:
FLASHCHANGE 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.
Changes to These Terms:
FLASHCHANGE reserves the right to change or modify these Terms and conditions in its discretion at any point in time. FLASHCHANGE will notify such changes by updating the terms on its website - flashchange.io. Any and all modifications or changes to these terms will become effective upon publication on the website or release to users hence, your continued use of FLASHCHANGE Services is deemed your acceptance of the modified agreement and rules. Users 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 FLASHCHANGE services.
Prohibition of Use:
By accessing and using FLASHCHANGE services, you represent and warrant that you have not been included in any trade embargoes or criminal activities. FLASHCHANGE reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of FLASHCHANGE services in certain countries or regions.
Published Information:
Although FLASHCHANGE as a company is committed to publishing general market information on its platform based on the current market trading factors, FLASHCHANGE does NOT guarantee the accuracy, applicability, reliability, integrity, performance or appropriateness of those information, nor shall FLASHCHANGE be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. FLASHCHANGE does NOT provide investment or consulting advice of any kind, and is NOT responsible for the use or interpretation of information on the FLASHCHANGE platforms or any other communication medium. All Users of FLASHCHANGE Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
Entire Agreement:
These Terms between you and FLASHCHANGE does not cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future developments. Therefore, the privacy policy, Flashchange platform rules, and all other agreements entered into between you and FLASHCHANGE are deemed supplementary terms that are an integral part of these terms and shall have the same legal effect.
Force Majeure:
FLASHCHANGE will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond FLASHCHANGE's reasonable control.
Waiver:
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:
Any links to third-party websites from FLASHCHANGE Services does not imply endorsement by FLASHCHANGE of any product, service, information or disclaimer presented therein, nor does FLASHCHANGE guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, FLASHCHANGE will not be liable for such loss. In addition, since FLASHCHANGE has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
Matters Related to Apple Inc.:
If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through FLASHCHANGE Services, such activities and programs are provided by FLASHCHANGE and are not associated with Apple Inc. in any manner.
Contact Information:
For more information on FLASHCHANGE, you may refer to the company and license information found on FLASHCHANGE websites. If you have questions regarding these Terms, please feel free to contact FLASHCHANGE for clarification via our Customer Support team at Contact Support.