Introduction
This Terms of Use (this “Agreement”) is an agreement between you and Opencrypt Technologies (“Opencrypt” or “We”) and governs your use of all Opencrypt Services. You unconditionally accept and agree to be bound by the terms and conditions in this Terms of Use including the Privacy Policy as well any applicable laws and guidelines when you access the Opencrypt Platform or use any of the Patricia Services. If you disagree with any part hereof, please do not use the Opencrypt Platform or any of the Patricia Services. You should read this Agreement carefully.
Governing Law
Through your use of Opencrypt or the Services, you agree that the laws of Nigeria shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of Lagos, Nigeria Any claim or lawsuit arising out of or in connection with this Agreement shall be interpreted and enforced by the laws of the Republic of Nigeria.
The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. Any claims or disputes will be settled before the competent court in Lagos, the Nigeria, unless legislation or international conventions mandatorily prescribe otherwise.
Our Services
Opencrypt is a financial technologies services provider and acts as such by creating, hosting, maintaining and providing Opencrypt Services our website, mobile application or API (altogether referred to as “Opencrypt Platform”).
Opencrypt Services refers to the services which enable you and other users congregated on the Patricia Platform to –
(a) Send, receive, buy and sell cryptocurrency such as bitcoin Ethereum, BNB, usdt, Litecoin etc (“cryptocurrency transactions”) via a cryptocurrency wallet hosted by Opencrypt;
(b) pay for bills and services such as airtime, data, electricity, cable TV (“refill transactions) via a fiat wallet hosted by Opencrypt (altogether referred to as the “Opencrypt Services”)
Eligibility
To be eligible to use or access the Opencrypt Platform and the Opencrypt Services, the following conditions must be met by you –
(a) must create a Opencrypt user account on the Opencrypt Platform;
(b) as an individual, be at least 18 or be of legal age to form a binding contract under applicable laws;
(c) as an individual, legal person, or other organization, you have full power, authority and capacity to accept these Terms of Use;
(d) as an employee or agent of a legal entity, you must have the full power, authority and capacity to accept these Terms of Use on their behalf and bind such legal entity to these Terms of Use;
(e) you have not been previously restricted from using or accessing the Opencrypt Platform and Opencrypt Services
(f) your use of Opencrypt Services will not violate any applicable laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
KYC Information
You hereby acknowledge that in order to use or access the Opencrypt Platform or Opencrypt Services, you must provide us with correct and updated Personal Information.
Personal Information may include –identity data, identity documents, transaction data, and technical data. Your Personal Information shall be properly protected and kept confidential at all times.
We may use, process, store and transfer your Personal Information in order to –
(a) provide Opencrypt Services to you;
(b) comply with applicable laws and regulatory requirements;
(c) secure your Opencrypt user account and maintain data and information security;
(d) verify the identity details and bank account details which you provide to us;
(e) protect our vital interests and that of others;
(f) provide service communications;
(g) provide customer service;
(h) facilitate corporate reorganisations; and
(i) implement direct marketing campaigns.
Security and unauthorised use
Opencrypt remains committed to providing adequate data and information security to ensure that the detection and prevention of fraudulent and unauthorised access to Opencrypt user accounts, however, it is of utmost importance that Opencrypt Users treat the credentials used to access Opencrypt Platform as confidential information and avoid the disclosure of same to anybody.
You hereby agree that you are responsible for maintaining adequate confidentiality and control of any and all credentials that you use to access the Opencrypt Services or Opencrypt Platform.
You acknowledge that Opencrypt shall not in any way be liable for any loss, damage or costs caused by authorized or unauthorized use of your Opencrypt user account credentials.
Opencrypt will never request for your credentials via email, SMS, phone call or any other means of communications other than the Opencrypt Platform. If you receive such communication, please disregard and contact us below –
Customer Service Desk
Email address: hello@opencrypt.co_
You should immediately notify Patricia if you believe there has been an unauthorized transaction or unauthorized access to your Patricia user account or your password or PIN has been compromised.
Transaction Cancellation, Modification or Refund.
Users must verify transaction amount or reference numbers where applicable before confirming payments for cryptocurrency transactions or refill transactions made on the Opencrypt Platform.
Payments for cryptocurrency transactions or refill transactions made on the Opencrypt Platform are non-refundable, irrevocable and cannot be changed after the transaction is confirmed by the user.
In the case of a refill transactions, you must directly contact the service provider to amend, adjust or refund payments for erroneous transactions.
In the case of cryptocurrency transactions, there shall be no cancellation, reversal or amendment after the transaction has been completed.
Payment Methods
Fiat wallets on the Opencrypt Platform may be funded via Electronic Funds Transfer, Mobile Money or Card Payments as applicable for the user’s region.
Users in South Africa may fund their fiat wallets via Visa and MasterCard. If you choose to fund your fiat wallet using this payment option, you agree that Opencrypt’s outlet country at the time of presenting payment options to you is South Africa and that the transaction currency is South African Rand (ZAR).
Card Acquiring and Security
Card transactions will be acquired for Opencrypt via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks.
PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the Opencrypt Platform. Users may go to www.paygate.co.za to view their security certificate and security policy.
Users’ personal information will be stored by Opencrypt separately from card details which are entered by the user on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
Responsibility
Opencrypt takes responsibility for all aspects relating to the Opencrypt Services, customer service and support, and dispute resolution.
Customer Privacy Policy
Opencrypt shall take all reasonable steps to protect the personal information of users in accordance with applicable data protection laws and our privacy policy which is available and can be downloaded at https://opencrypt.co/privacy-policy/
For the purpose of this clause, “personal information” shall be defined as detailed in The General Data Protection Regulation 2016/679 (“GDPR”). The GDPR can be accessed and downloaded at https://gdpr.eu/tag/gdpr/
No Financial Advice
All contents published on the Opencrypt Platform or communicated through Opencrypt’s social media pages and blogs or by any employee, agent or affiliate of Opencrypt are for informational or marketing purposes only. No contents or communication may be deemed to constitute professional and/or financial advice.
Our Website is for informational purposes only and no information contained therein may be deemed to constitute legal advice or an exhaustive statement of the law.
You are solely responsible for any decision to store, buy or sell cryptocurrency, and such decision should take into account your risk tolerance and financial circumstances. For more information on the risks involved, see Risks and the Risk Warning on the Opencrypt website. You should consult your legal or tax professional in relation to your specific situation
Prohibited Activities
During the use of the Opencrypt Platform or Opencrypt Services and in the course of your interactions with Patricia, affiliated third parties or other Opencrypt users, you will not –
(a) Breach this Terms of Use, any policy and/or any agreement that you have agreed to with Opencrypt;
(b) Breach any applicable laws and regulations;
(c) Engage in or facilitate fraudulent activities;
(d) Infringe on Opencrypt or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
(e) Sell counterfeit goods and/or product or service that is prohibited by law or is contrary to public order or good moral;
(f) Act in a manner that is defamatory, trade libelous, threatening or harassing to Opencrypt, our employees, agents or other Opencrypt users;
(g) Provide false, inaccurate or misleading Personal Information;
(h) Engage in potentially fraudulent or suspicious activity and/or transactions;
(i) Receive or attempt to receive chargeback from both Opencrypt and a Merchant, bank or card issuer for the same transaction during the course of a dispute;
(j) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and
(k) Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information;
Termination and Restriction of Access
You hereby acknowledge that Opencrypt reserves the right to restrict access to your Opencrypt account and/or the termination of this Agreement upon the reasonable suspicion that you have contravened any of the terms and conditions contained in this Terms of Use
Opencrypt, in its sole discretion, reserves the right to terminate this Agreement and/or access to the Opencrypt Services and Opencrypt Platform for any reason and at any time upon notice and payment to you of any unrestricted funds held in your wallet.
If we limit access to your Opencrypt user account, including through the placement of a lien, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that Opencrypt’s decision to take certain actions, including limiting access to your Opencrypt user account, may be based on confidential criteria that is essential to our management of risk, the security of other Opencrypt users’ accounts and the Opencrypt system. You agree that Opencrypt is under no obligation to disclose the details of its risk management or its security procedures to you.
Disclaimers and Limitation of Liability
THE OPENCRYPT SERVICES AND PLATFORM ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. OPENCRYPT, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Opencrypt does not have any control over the products or services that are paid for with Patricia Services and Opencrypt cannot ensure that a Merchant you are dealing with will actually complete the transaction or is authorized to do so. Opencrypt does not guarantee continuous, uninterrupted or secure access to any part of the Opencrypt Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. Opencrypt will make reasonable efforts to ensure that service requests are processed in a timely manner, but Opencrypt makes no representations or warranties regarding the amount of time needed to complete processing because the Opencrypt Services are dependent upon many factors outside of our control, such as delays in the banking system or delays by partners and vendors.
To the maximum extent permitted by law, Opencrypt and its subsidiaries and affiliates, officers, directors, agents, employees or suppliers shall not be liable to any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with any use of, or inability to use of the Opencrypt Platform, any content displayed on Opencrypt Platform and any linked third-party websites.
Furthermore, By using our crypto exchange platform, you acknowledge and agree that we are not liable for any loss of funds or assets due to hacking, cyber attacks, Bugs in the system or any other security breaches. We take reasonable measures to secure our platform, but we cannot guarantee absolute security against all possible threats.
You also agree that any funds or assets deposited on our platform are at your own risk. We recommend that you take necessary precautions to safeguard your funds and assets, including but not limited to using strong passwords, enabling two-factor authentication, and keeping your login credentials confidential.
In the event of a security breach, we will make every effort to mitigate the impact and recover any lost funds or assets. However, we cannot guarantee a full recovery, and we will not be held liable for any losses incurred as a result of the breach.
By using our platform, you also agree to comply with all applicable laws and regulations, including but not limited to anti-money laundering and know-your-customer requirements. We reserve the right to terminate your account or restrict your access to our platform if we suspect any illegal or fraudulent activity.
These terms and conditions are subject to change at any time without prior notice. Your continued use of our platform constitutes your acceptance of the updated terms and conditions.
Rates and fees
Before selling or buying Bitcoin on the Opencrypt platform you must confirm the rates
Changes
Opencrypt reserves the rights to make changes to this Terms of Use without notice. You are required to visit this page regularly as your continued use of the Opencrypt Platform or Opencrypt Services will be deemed as an unconditional acceptance and agreement to be bound by the revised Terms of Use.
Notwithstanding the foregoing, will do our best to notify you of any changes to the Terms of Use and any such notice will be published on the Opencrypt Platform by posting same on our website, sending push notifications through on the mobile app or sending an email to the email address associated with your Opencrypt user account.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Acknowledgement
By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
Contact Us
Please send your feedback, comments, requests for technical support:
By email: hello@opencrypt.co.