Please read these Terms and Conditions carefully.
These Terms and Conditions are entered into between BloFin.com (“Company”) in partnership with various online payment institutions (“Payment Institutions”) and you. You hereby agree to this Terms and Conditions by and between you and Company, and agree to be legally bound by its terms and conditions. If any term or condition of this Terms and Conditions is unacceptable to you, please do not visit, access, or use our services. 

These Terms and Conditions are to be read together with, and are supplemental to the Company’s Terms of Use at [https://support.blofin.com/hc/en-us/articles/7296238795279-TERMS-OF-USE] (“Terms of Use”) as amended from time to time and the provisions set out in the Terms of Use shall continue to apply together with these Terms and Conditions.

In the event of any conflict or inconsistency between any provision of these Terms and Conditions and a provision of the Terms of Use, these Terms and Conditions shall prevail so far as such inconsistency relates to the Terms and Conditions below.

You further acknowledge and agree that the Company acts solely as a counterparty and not as your agent, broker, fiduciary or advisor in respect of any Transaction.

Using our services
You unequivocally agree and understand and hereby represent and affirm that by signing up for this fiat service (the “Service” or “Services”), you agree and undertake to act in compliance with and be legally bound by this Terms and Conditions as well as all Applicable Laws and Regulations (defined below). 

You hereby represent and affirm that you have the required legal capacity to enter into this Terms and Conditions by and between you and the Company, and agree to be legally bound by the terms and conditions of this Terms and Conditions in their entirety. 

You agree and understand that by logging into your account or authenticating to our application programming interface (“API”) with your API key (“API Authenticating” or “API Authentication”) following any change to this Terms and Conditions, your login or API Authentication, as applicable, shall constitute your agreement to the amended Terms and Conditions by and between you and the Company, and you agree to be legally bound by its terms and conditions as amended. 

You agree and understand that we have the right to require your affirmative assent and continued acceptance of this Terms and Conditions, from time to time, as a condition of you accessing or using any of the Services, logging into your account, or API Authenticating, as applicable.

If you do not agree to be bound by this Terms and Conditions, you should not access or use any of the Services, log in to your account, or API Authenticate. Should you disagree with this Terms and Conditions (including any changes or amendments thereto), please suspend immediately any usage relating to the Services and close your account in accordance with the Account Closure section.

In order to use the Services, you must first successfully provide the required identification information pursuant to our Bank Secrecy Act (“BSA”) and Anti-Money Laundering (“AML”) Compliance Program. 

We reserve the right to change these terms and conditions at any time with or without notice to you. A copy of the latest version of this Terms and Conditions will be available on this page.

Eligibility

This product is only available to certain users in certain countries. This product is not intended for users/countries to which restrictions/prohibitions apply.

You represent and warrant that all funds (including Digital Assets and Fiat Currency) used in the Services belong solely to you and are not derived from any third party or illegal activities. No third-party withdrawals are permitted. The Services are intended for personal use only and may not be used for business or merchant settlement purposes. You must confirm the legitimacy of your funds upon request, and failure to do so may result in suspension of your account or reversal of transactions

The Company complies with anti-money laundering (AML), counter-terrorism financing (CTF), and know-your-customer (KYC) regulations. You agree to provide additional KYC information upon request, including identity verification, source of funds documentation, or other details. The Company may monitor transactions for suspicious activity and has the right to block, reverse, or report any transactions that appear suspicious or in violation of laws. Non-compliance may lead to account suspension, termination, or legal action.

Applicable Laws and Regulations

Your conduct is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority including, but not limited to:

(a) MiFID II/MiFIR;

(b) Digital Markets Act (DMA);

(c) Laws, regulations, and rules of relevant tax authorities;

(d) Applicable regulations and guidance set forth by regulating authorities;

(e) The Banking Law of the relevant jurisdiction; and

(f) GDPR

(Together the “Applicable Laws and Regulations”)

Your Transaction further to the Services

You may purchase and sell digital assets (“Trade Request”) through third party service offered by Payment Institutions, subject to their terms of use.

Although we will attempt to deliver digital assets or fiat currency to you as promptly as possible, funds may be debited from your selected payment method before the status of transaction is shown as complete, and the funds is delivered to your wallet or card.

You further authorize the Company to convert digital assets to fiat currency and send fiat currency to your own designated card via our third-party processor, Checkout.com. All actions taken through the Services are based solely on your instructions.

Notwithstanding any term to the contrary, the Company retains sole and absolute discretion to accept or reject any Trade Request at any time and for any reason, without obligation to provide reasons or advance notice. No Trade Request shall be deemed accepted unless and until the Company notifies you of such acceptance.

The Company does not guarantee settlement of the Transaction within any timeframe and in some instances the settlement process may take several hours, days or even longer, depending on various factors, including, without limitation, the type of Digital Assets, prevailing market conditions, and operational and technical requirements. Banks or card networks may delay, reject, or reverse payouts for reasons beyond our control. The Company shall not be held responsible for potential loss or opportunity cost in connection with any price change of the Digital Asset or for any delays, rejections, or losses arising from factors outside our control, including third-party processor actions, network failures, force majeure events, or regulatory interventions.

In any event, and under normal circumstances, card payment for the purchase and sale of Digital Assets would be completed within 24 hours. That said, because circumstances exist beyond our control, you acknowledge and agree that the Company is not, at any time, liable to you for any losses arising out of or in connection with any failure, delay, disruption, interruption or cancellation for whatever reason. 

BY CLICKING THE BUTTON BELOW OR OTHERWISE USING SERVICES PROVIDED BY PAYMENT INSTITUTIONS, YOU HEREBY AGREE NOT TO HOLD THE COMPANY RESPONSIBLE FROM ANY LOSS AND/OR DAMAGE RESULTING FROM ANY TRANSACTION, AND HEREBY AGREE NOT TO SEEK ANY REMEDY AGAINST THE COMPANY WITH RESPECT TO THE TRANSACTION. CRYPTOGRAPHIC TRANSACTIONS ARE BY NATURE IRREVERSIBLE AND THE COMPANY HAS NO CONTROL OVER ANY TRANSACTION AND IS NOT ADVISED OF THE TERMS THEREOF; THE COMPANY CANNOT MAKE ANY WARRANTIES REGARDING THE TRANSACTION, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES REGARDING THE FAIRNESS OF THE PRICING OF THE TRANSACTION. BY USING, ACCESSING, OR OTHERWISE VISITING OUR SERVICES YOU HEREBY ACKNOWLEDGE, AGREE, AND REPRESENT THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES.

KINDLY NOTE THAT THERE MAY BE SITUATIONS WHERE THE TRANSACTION(S) CARRIED OUT MAY NOT BE CORRECTLY MATCHED OR SETTLED (FOR EXAMPLE, INCORRECT TRANSACTION INFORMATION IS PROVIDED). IN THIS CASE, THE COMPANY MAY, AS DETERMINED ACCORDING TO THE APPLICABLE CIRCUMSTANCES UNDER THE COMPANY’S ABSOLUTE SOLE DISCRETION, TO HAVE YOUR TRANSACTION REFUNDED, OR TO HAVE THE CORRESPONDING DIGITAL ASSET CREDITED TO YOUR ACCOUNT. UNDER EACH CIRCUMSTANCES, YOU MAY BE LIABLE TO BEAR THE CORRESPONDING PROCESSING FEES, OR EXCHANGE RATE FLUCTUATION, AS MAY BE APPLICABLE OR AS OTHERWISE PUBLISHED BY THE COMPANY OR THE PAYMENT INSTITUTIONS FROM TIME TO TIME.

The Company may use third party payment service providers and technical service providers of its choice to facilitate the payment for Trade Requests. Card payouts and related payment processing are handled by Checkout.com and its affiliated banks. The Company does not operate as a payment institution, acquirer, or money transmitter. All payment-related activities are subject to the terms and policies of Checkout.com.

The Company acts solely as a facilitator for Crypto Asset transactions and disclaims any liability for issues arising from third-party processing. In some cases, you may be requested to accept terms and conditions of a third party payment service provider (such as Checkout.com) in order to be able to use a particular payment method or a particular fiat currency, in which case you will have the contractual relationship with such a provider in accordance with their terms.

Prohibited Activity

The Company does not permit the use of the platform for any prohibited activity in your account, including but not limited to: 

(a) use on any dark market; 

(b) ransomware; 

(c) mixing service (i.e., a mixer or tumbler used to obscure the source of funds); or 

(d) illegal activity that would violate, assist in violation of, or cause the Company to violate any Applicable Laws and Regulations (as defined in the ‘Applicable Laws and Regulations’ section) or which would involve proceeds of any unlawful activity (collectively, “Prohibited Activity”);

You agree and understand that we have the right to immediately (i) suspend your account and any related account, (ii) freeze/lock the funds and assets in all such accounts, and (iii) suspend your access to the Company, if we suspect, in our sole discretion, any such accounts to be in violation of our Prohibited Activity policy.

Privacy of Information

You agree that the information contained in your User Account is only for you and that you will not cause others to access or rely upon it (other than your tax advisor or attorney, or as otherwise prescribed by law) without our prior Written Consent. 

We agree that we will keep such information confidential, subject to the following paragraph.

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with the Company’s Privacy Policy, which is incorporated into this Terms and Conditions by reference.

Anti-money Laundering

To meet regulatory requirements and to protect your assets, the Company or the payment channels will verify your identity information and other documents before you are able to use the Service. If you fail to complete verification as required by the Company or the payment channels, you will not be able to use the Service, and the Company or the payment channels shall have the right to impose restrictions on your account (including but not limited to blocking or deleting relevant services at any time without notice), and suspend, discontinue or even terminate the Service provided to you, with or without notice, in our absolute sole discretion.

During your use of the Service, you shall make the following anti-money laundering commitments, together there with undertake, observe, and agree:

(a) All of your assets are legitimate, safe assets owned by you in law and in equity. There are no assets related to terrorist financing, money laundering or other criminal activities;

(b) You shall not use the Company or the payment channels to launder money to cover up the illegal source of your assets and obtain illegal profits; and

(c) you shall not use the Service for any illegal and criminal activities such as money laundering and terrorist financing, or provide financial support or disguised assistance for terrorist financing and money

laundering.

In case of any suspicious change to your information, we shall have the right to re-identify or re-verify your information, and shall, based on re-verification results, decide whether to continue to provide you with the Service or whether to impose restrictions on your account (including but not limited to blocking and deleting relevant services at any time without notice), and suspend, discontinue or even terminate the Service provided to you.

Know-Your-Customer

In accordance with the laws and regulations of relevant jurisdictions, we are obliged to conduct certain anti-money laundering measures including collecting certain personal or corporate information from you (the 'KYC Process'), and in light of the nature of entities concerned, the content of your information as it is collected by us may vary. In principle, we will collect the following information of yours if you have registered as an individual:

(a) Basic personal information: your name, address (and permanent address, if the two are different), date of birth and nationality, and other available information. Identity authentication shall be based on documents issued by the official or other similar authorities, such as passports, identity cards or other identity documents as are required and issued by relevant jurisdictions.

(b) Valid photo: before you sign up, you must provide a photograph showing you holding your identity document in front of your chest; and

(c) Contact information: telephone/mobile phone number and valid email address. If you are a company or any other type of legal entity, we will collect the following information of yours to determine the final beneficiary of your account or your trust account.

If you are a corporation:

(a) Your corporation enrolment and registration certificates of the company; a copy of the articles of association and memorandum of the company;

(b) The detailed certification materials of the ownership structure and ownership description of the company, and the decision of the board of directors on designating the authorized agent of the company responsible for the opening and execution of the account of the company within the website;

(c) The identity documents of the directors, major shareholders of the company as well as the authorized signatory for the company's account with the website, as required in accordance with relevant rules;

(d) The company's main business address, and the company's mailing address if it is different from the main business address of the company. If the local address of the company is different from its main business address, the company shall be deemed to be a high-risk customer, and consequently the company will be required to provide additional documentation; and

(e) Other certification documents, documents issued by competent authorities and other documents we may deem necessary in light of the laws and regulations of relevant jurisdictions and in light of the specific nature of your entity.

The identity verification requirements are as follows:

(a) You are required to provide both the front and back sides of your identity documents.

(b) You are required to provide us with a photograph showing you holding your identity documents in front of your chest.

(c) Copies of certification documents shall be checked against the originals thereof. Nonetheless, if a trusted and suitable certified person can prove that such copies are accurate and comprehensive duplicates of the originals thereof, such copies shall be deemed as acceptable. Such certifiers include ambassadors, members of the judiciary, magistrates, etc.; and

(d) The identification of the ultimate beneficiary and controller of the account shall be based on the determination of which individuals ultimately own or control the direct customer and/or the determination that the ongoing trade is performed on the behalf of others. If you are a business enterprise, the identity of major shareholders thereof (for example, those holding 10 % or more of the voting equity in such business enterprise) shall be verified. The information submitted by you will be kept to a standard in conformity to applicable laws and our Privacy Policy.

Reverse Solicitation

Where required by Applicable Laws and Regulations, the Company does not actively market, solicit, promote or otherwise target users in jurisdictions where such activities are restricted or prohibited.

Any Payment Institution, third-party payment service provider, technical service provider or other cooperation partner providing services in connection with the Company or the Services shall not conduct any marketing, solicitation, promotional or targeted activities for or on behalf of the Company in such jurisdictions.

Where a user independently accesses the Services or submits a Trade Request on their own initiative, such access or request shall be deemed to have been initiated solely by the user, and shall not be regarded as resulting from any marketing, solicitation, promotion or targeted activity conducted by the Company or any third party in connection with the Company or the Services.

Account security

Please use the 2-factor authentication when logging in and keep your password safe. You shall properly use and keep your account and login password, capital password, mobile phone number bound to your registration, and mobile phone verification code received by your mobile phone. You shall be fully responsible for any actions and consequences caused by using your account and login password, capital password and mobile phone verification code. When you find your platform account, login password, capital password or verification code is used by a third party without your authorization, or when there are other account security issues, you shall notify the Company and the Payment Channels

immediately and effectively, and the Company and the Payment Channels shall have the right to take action on your request within a reasonable time, provided that the Company or the Payment Channels shall not be liable for any consequences (including, but not limited to, any of your losses) that may have occurred prior to such action.

You shall not give, lend, rent, transfer or otherwise dispose of your account to others without the consent of the Company or the Payment Channels. You shall make your own judgment on the information you have access to while using the Service and shall bear all risks arising from the use of such information, including risks arising from reliance on the correctness, completeness or usefulness of such information.

The Platform cannot and will not be liable for any loss or damage caused to you as a result of the foregoing risks.

Prohibited Countries

Notwithstanding and without prejudice to other parts of this Terms and Conditions, we reserve the right to suspend, modify or otherwise terminate the Service to users who do not comply with the international standards against money laundering, who have breached or, in our absolute sole discretion deem or suspect to be in breach of, this Terms and Conditions, or who may be regarded as political and public figures; we reserve the right to suspend or terminate a trade identified as suspicious based on our own assessment, which, however, does not breach any of our obligations and duties to you. In addition, we reserve the right to refuse to provide Service to residents from Restricted Jurisdictions provided in our Terms of Use which may be amended from time to time.

Limitation of Liability

NOTWITHSTANDING AND WITHOUT LIMITING THE TERMS HEREUNDER, YOU AGREE, UNDERTAKE, UNDERSTAND, AND OTHERWISE REPRESENT THAT THE COMPANY WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING OUT OF OR IN RELATING TO: (A) ANY INACCURACY, DEFECT OR OMMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY US AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USER’S ACTIONS, OMMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGES CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ANY ACTIONS WITHOUT AUTHORISATION BY US.

THE COMPANY MAKES NO GUARANTEE THAT THE COMPANY OR THE SERVICES WILL BE CONTINUOUSLY AVAILABLE OR THAT ANY TRADE REQUESTS WILL BE PROCESSED WITHOUT INTERRUPTION, DELAY OR ERROR.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INVESTMENT DECISIONS AND THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES YOU MAY INCUR WITH RESPECT TO, OR OTHERWISE IN CONNECTION WITH THE SERVICE OR ANY TRADE REQUESTS.

Chargebacks

You agree to contact the Company to resolve any transaction concerns prior to initiating a chargeback. We reserve the right to provide proof of your stored credential consent and transaction history in response to chargeback disputes. You are solely responsible for any chargebacks, disputes, or fraudulent activities associated with your transactions. In the event of a chargeback or dispute, the Company may freeze your account, reverse the transaction, or recover funds by debiting your account or liquidating your Crypto Assets. You agree to indemnify the Company against any losses arising from such events, including fees and penalties imposed by third-party processors or banks. 

Miscellaneous

You agree that the Company reserves the right to monitor your use of the Services and that the resultant information may be used by the Company for its internal business purposes.

Severability and Waiver

You acknowledge that this Terms and Conditions is reasonable, valid and enforceable. 

However, if any of the provisions of this Terms and Conditions is deemed to be unenforceable, it is the intention of the You and the Company that such provision be reduced in scope only to the extent deemed absolute necessary to render the provision reasonable and enforceable.

Neither the failure nor delay by the Company in exercising any right hereunder will operate as a waiver of such right, and no single or partial exercise of a right will preclude any other or further exercise of such right.

Governing law and Dispute Resolution

This contract is governed by the laws of England and Wales. 

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore and the Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English, and the governing law of this arbitration agreement shall be the laws of England and Wales.