Terms & Conditions

Last Updated: 6th August, 2018

Your access to and use of TokenPayments is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

These Terms and Conditions are a legal agreement between you and Overfeat Private Limited (referred as "We", "Us", "Our", "TokenPayments", "TokenPayments Services", "TokenPayments", "TokenPayments.io", "TokenPayments") governing your use of TokenPayments's website.

The contents of TokenPayments website do not constitute advice and should not be relied upon in making or refraining from making, any decision. All material contained on TokenPayments is provided without any or warranty of any kind. You use services provided by TokenPayments at your own discretion.

You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your business and your use of the TokenPayments Services.

TokenPayments reserves the right to:

(a) Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that TokenPayments shall not be liable to you for any such change or removal.

(b) Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

TokenPayments Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.

The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, TokenPayments will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

TokenPayments makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website.

You agree to indemnify and hold TokenPayments and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against TokenPayments arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

(No) Refund Policy:

It's the nature of the Ethereum tokens that each transaction is final and cannot be reversed or refunded. Therefore, we are unable to refund payments made at our website.

Restricted Item Policy:

The following items and products may not be bought or sold with our services:

1. Illegal drugs and substances
2. Pornography featuring underage performers
3. Software with malware, viruses, trojan horses, etc.
4. High-yield investment programs & Get Rich Quick schemes

Security:

We take multiple security measures (including, but not limited) such as:

1. Google Authenticator based 2FA on Login
2. All passwords are HASHED with a salt and 12 rounds factor.
3. Usage of SSL between you and CloudFlare, and CloudFlare and our servers.
4. Account locking due to bruteforcing. We also use captcha to reduce bruteforcing.
5. Protection against XSS and SQL injections.
6. Tokens received are swept to merchant's address in some hours. This reduces any major loss of funds in an event of hack.

Liability:

Our best effort is to ensure the reliability of your platform and safety of the funds received however we cannot be held responsible in any way for loss in funds due to any reason. Examples where funds could be lost (but not limited to these examples) are technical issues, 3rd party interference such as hacking or DDoS, untrustworthy and/or fraudulent merchants, or issues with the tokens themselves such as bad code.

These Terms and Conditions shall be governed by and construed in accordance with the Indian laws and you hereby submit to the exclusive jurisdiction of the Indian courts.

1. YOU USE TOKENPAYMENTS AT YOUR OWN RISK.
2. TOKENPAYMENTS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO OUR SERVICES. FOR EXAMPLE, WE DON'T WARRANTY THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-LESS, (III) THE QUALITY OF ANY PRODUCTS YOU PURCHASED FROM THE WEBSITE WILL MEET YOUR EXPECTATION, (IV) ANY ERROR/BUG IN THE SERVICES WILL BE FIXED.
3. YOU UNDERSTAND AND AGREE THAT TOKENPAYMENTS SHALL NOT BE LIABLE FOR ANY KIND OF DAMAGE WHETHER IT IS DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY. THE DAMAGES ALSO INCLUDE: DAMAGES FOR LOSS OF PROFIT, USE, DATA OR OTHER INTANGIBLES.
4. THE FAILURE OF TOKENPAYMENTS TO EXERCISE ANY RIGHT OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT. THE TERMS AND CONDITIONS (AND PRIVACY POLICY) CONSTITUTE ENTIRE AGREEMENT BETWEEN YOU AND TOKENPAYMENTS AND GOVERN THE USAGE OF TOKENPAYMENTS SERVICES. YOUR USE OF TOKENPAYMENTS IS GOVERNED UNDER THE LAWS OF GOVERNMENT OF INDIA. BEFORE PROCEEDING TO COURT, WE STRONGLY ENCOURAGE YOU TO CONTACT US.