Pelicoin Terms and Conditions
Please read these Terms carefully before using Pelicoin Services (“Services”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all customers and others who access and use the Services.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may choose not to use or continue to use the Services.
1. GENERAL USE
1.1 Services allows customers to convert USD to bitcoin and vice versa. Pelicoin will take a certain percentage of each transaction as compensation for performing these Services. The price at which Pelicoin buys and sells bitcoin will be provided to you on the Pelicoin Kiosk screen.
1.2 Buying Bitcoin. To buy bitcoin, you will scan or manually enter the desired bitcoin wallet at the Pelicoin Kiosk (“Kiosk”). You will then insert the desired amount of USD into the Kiosk. The appropriate amount of bitcoin, minus any fees, will be sent to the scanned or manually entered wallet address.
1.3 Buying Bitcoin Using the Paper Wallet Function. In lieu of scanning or manually entering a digital wallet, you may have the option of printing out a Paper Wallet. The Paper Wallet will show a QR code, which will contain the amount of bitcoin purchased. Warning: Do not throw away or lose this Paper Wallet before scanning it to another wallet, as it contains bitcoin. Pelicoin will not repay you if you lose or throw away your Paper Wallet.
1.4 Selling Bitcoin. To sell bitcoin, you will be prompted to send the appropriate amount of bitcoin to the address provided on the Kiosk screen. Once the bitcoin is confirmed received by Pelicoin, you will be able to withdraw the appropriate amount of USD, minus any fees, at the kiosk.
1.5 Delay in the Bitcoin Network. Confirmations on the Bitcoin Network could take time and in some rare instances could take hours, if not more. By using these Services, you understand that it could take time for the transaction to be completed due to these delays in the Network. You also understand that these delays are caused by the Bitcoin Network itself, and not associated with Pelicoin or its licensers.
1.6 Miner Fees. To speed up the confirmation time for withdrawals, Pelicoin recommends that you attach a larger miner fee to the transaction. Any miner fees that are attached will be the sole responsibility and will be paid by you. Note: If a refund is necessary of requested, you understand that any miner fees will be subtracted from the total refund amount.
2. RISKS ASSOCIATED WITH BITCOIN.
2.1The risks of trading or holding bitcoin can be substantial. You should carefully consider whether trading or holding bitcoin is the right financial decision for you.
3. PELICOIN ACCOUNT
3.1 Account setup. To be able to make purchases or withdrawals, it will be necessary for you to set up a Pelicoin account. To set up an account, Pelicoin may require you to input your phone number and scan you government-issued ID.
3.2 Identity Verification. You hereby authorize Pelicoin to directly, or through third-parties, to make any inquires necessary to verify your identity and to take steps necessary to protect against fraud and other illegal activity based on the results of such searches.
3.3 Account Information. You hereby authorize Pelicoin to store your account information. You also authorize Pelicoin to use your account information to help protect against fraud and other illegal activity.
3.4 Termination or Suspension of Account. Pelicoin may terminate or suspend access to its Services at any time, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms. All provisions of the Terms, which by their nature survive termination, shall survive termination, including, without limitation, ownership provision, warranty disclaimers, indemnity and limitation of liability.
4. PROHIBITED USE
4.1 In connection with your use of these Services, you agree and represent that you will not engage in any illegal use. Pelicoin reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process, or government request.
5. LIMITED LICENSE.
5.1 Pelicoin grants you a limited, nonexclusive, nontransferable license, subject to these Terms, to access and use the Pelicoin Kiosk and its Services. Pelicoin grants the right to use its Services solely for approved purposes as permitted by these Terms and Pelicoin from time to time. Any other use of these Services is expressly prohibited and all other right, title, and interest in or arising out of these Services is exclusively the property of Pelicoin and its licensors. You agree that you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale or, create derivate works from, or in any other way exploit any of the Services, in whole or in part. All logos related to Pelicoin and its licensors or displayed on the Kiosk are either trademarks, registered marks , or associated with Pelicoin or its licensors. You agree not to copy, imitate or use them without Pelicoin prior written consent.
6. GENERAL PROVISIONS.
6.1 LIMITATION OF LIABILITY; NO WARRANTY. IN NO EVENT SHALL PELICOIN, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR REPRESENTATIVE BE LIABLE A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE TRANSACTION AT THE KIOSK OR B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PELICOIN HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE PELICOIN SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PELICOIN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. PELICOIN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
PELICOIN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AMOUNT OF TIME NECESSARY TO COMPLETE THE TRANSACTION WHICH IS DEPENDENT UPON MANY FACTORS OUTSIDE OF PELICOIN’S CONTROL.
6.2 Amendments. From time to time, it may be necessary for Pelicoin to amend or make changes to these Terms. As such, you should review these terms periodically.
6.3 Governing Law. Notwithstanding conflict of law principles, any dispute arising out of these Services will be governed by the laws of the state of Louisiana.
6.4 Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Pelicoin affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Privacy Policy
Scope and Consent
This policy describes the ways Pelicoin and its subsidiaries (hereinafter, “Pelicoin”, “we”, “our” or “us”) collect, store, use and protect Personal Data. The purpose of this policy is to ensure that Pelicoin complies with applicable United States (US) federal and state regulations, and European Union (hereinafter, “EU”) data protection laws such as the General Data Protection Regulation (hereinafter, “GDPR”). Pelicoin’s Services include merchant processing services, products, or any other features, technologies or functionalities (hereinafter: “Services”) offered by Pelicoin.
There are six types of data subjects whose personal data we may process:
1. Visitors of our websites (pelicoin.com); 2. Customers that use Pelicoin’s USD withdrawal service; Customers that use Pelicoin’s cryptocurrency withdrawal service.
What is “personally identifiable information?”
“Personally Identifiable Information” (hereinafter: “Personal Data”) is any information that can be directly associated with a specific person and can be used to identify that person. A prime example of identifiable information is a person’s name.
What kind of personal data do we collect?
The Personal Data we collect depends on the type of user:
1. Visitors: We may collect the following Personal Data for visitors of our websites (https://www.pelicoin.com): IP address, Email address (e.g. when you subscribe to our blog or opt in to receive other marketing materials), Phone number (e.g. when you submit a support request) Name (e.g. when you submit a support request) We may collect information about a visitor’s computer or other access devices for fraud prevention purposes.
2. Customers that use Pelicoin’s USD withdrawal service: When opening an account, we may collect the following types of Personal Data from the Customer: Name, Email address, Date of birth, Identification documents (such as a passport or driver’s license), Proof of address document (such as a bank statement or a utility bill). We may use this Personal Data for risk-management purposes (i.e. to verify customer’s identity or address). We may also obtain information about our Customers from third parties such as credit bureaus and identity verification services. We ensure that such third parties adhere to the same data protection principles as Pelicoin.
3. Customers that use Pelicoin’s cryptocurrency withdrawal service: When opening an account, we may collect the following types of Personal Data from the Customer: Name, Email address, Date of birth, Identification documents (such as a passport or driver’s license), Proof of address document (such as a bank statement or a utility bill). We may use this Personal Data for risk-management purposes (i.e. to verify customer’s identity or address). We may also obtain information about our Customers from third parties such as credit bureaus and identity verification services. We ensure that such third parties adhere to the same data protection principles as Pelicoin.
Sensitive or special categories of personal data
Pelicoin does not process any sensitive personal information, such as religion, race, ethnicity and/or political views.
Why we collect personal information
Our primary purpose for collecting Personal Data is to provide you with a secure, smooth, efficient, and customized experience. We may use your Personal Data to: comply with applicable laws and regulations; provide the Pelicoin Services and customer support you request; process transactions and send notices about your transactions; resolve disputes, collect fees, and troubleshoot problems; prevent potentially prohibited or illegal activities, and enforce our Terms of Use; customize, measure, and improve the Pelicoin Services and the content and layout of our website and applications; deliver targeted marketing, service update notices, and promotional offers based on your communication preferences; compare information for accuracy and verify it with third parties.
How we protect and store personal information
We take security of data very seriously. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to Personal Data only for those employees who require it to fulfill their job responsibilities. In addition to this Privacy Policy, we have several other (internal) policies and procedures in place that deal with data security: IT Security Policy: This policy describes how we store and process your Personal Data on our servers in the United States and elsewhere in the world where Pelicoin facilities are located. It also describes how we protect it by maintaining physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations, and EU data protection laws. Incident Response Policy: This policy describes our response to an information security incident. Data Breach Policy: This policy specifically describes what steps will be taken by us in case of a data breach. This includes notifying the supervisory authorities and the affected data subjects when required. Business Continuity and Disaster Recovery Policy: This policy describes how we recover from a disaster and what steps will be taken to continue or resume routine business operations. Cookie Policy: This policy describes how Pelicoin uses cookies to customize the Pelicoin Services, content and advertising; measure promotional effectiveness, and promote trust and safety.
Data retention
We are a regulated Financial Institution in the United States and per the applicable Bank Secrecy Act provisions, we will retain Personal Data that has been obtained as a part of our Customer Identification Program for a period of 5 years after an account has been closed or became dormant.
How we share personal data with third parties
We may share your Personal Data with: Other Pelicoin entities, in order to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services and communications; Service providers under contract who help with our business operations. We will make sure that these third parties have appropriate internal controls in place to protect any Personal Data that might be transferred; Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to Pelicoin; or when we believe, in our sole discretion, that the disclosure of Personal Data is necessary to report suspected illegal activity or to investigate violations of our Terms of Use. In cases of suspected fraud or in connection with an ongoing investigation, we may share certain shopper information with our merchants. Please note that these third parties may be in other countries where the laws on processing Personal Data may be less stringent than in your country.
Marketing
We may sell your Personal Data to third parties for their marketing purposes. We may combine your information with information we collect from other companies and use it to improve and personalize the Pelicoin Services, content and advertising. If you do not wish to receive marketing communications from us or participate in our ad-customization programs, you can send an email to support@pelicoin.com.
Contact
To communicate with a Pelicoin executive staff member with regards to data protection, please email support@pelicoin.com.
How we use cookies
What are cookies? A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device. The cookie allows the website to “remember” your actions or preferences over time. Most browsers support cookies, but you can set your browser to decline them and can delete them whenever you like. What type of cookies do we use? When you access our website, we, or companies we hire to track how our website is used, may place small data files called “cookies” on your computer. We and our service providers also use cookies to customize the Pelicoin Services, content and advertising; measure promotional effectiveness, and promote trust and safety. We send a “session cookie” to your computer when you log in to your account or otherwise use the Pelicoin Services. This type of cookie helps us to recognize you if you visit multiple pages on our site during the same session, so that we do not need to ask you for your password on each page. Once you logout or close your browser, this cookie expires and no longer has any effect. We also use longer-lasting cookies for other purposes such as to display your email address on our login page, so that you don't need to retype the email address each time you login to your account. We encode our cookies so that only we can interpret the information stored in them. You are free to decline our cookies if your browser permits, but doing so may interfere with your use of our website. We may also collect information about your computer or other access device to mitigate risk and for fraud prevention purposes. You may encounter cookies from third parties when using the Pelicoin Services on websites that we do not control (for example, if you view a web page created by a third party or use an application developed by a third party, there may be a cookie placed by that web page or application.) Managing your cookie settings. You can manage cookies through the settings of your Internet browser. You can have the browser notify you when you receive a new cookie, delete individual cookies or delete all cookies. Please note that, if you choose to delete Pelicoin cookies, your access to some functionalities and areas of our website may be degraded or restricted. For more information on cookies and how to opt-out of them, please visit the following third-party website: Your Online Choices. Changes to this policy We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes any substantial changes to the manner in which your Personal Data will be processed, we will provide you with 30 days prior notice by posting notification of the change on the “Privacy Policy” area of our website. Questions about privacy? Please contact us. If you have questions concerning this Privacy Policy, please feel free to send us an email at support@pelicoin.com