Consumer advisory – The Linqcash service is regarded as a Cryptocurrency Exchange and Payment Provider under www.linqcash.com. Consumers (Users) are advised to read these terms and conditions carefully.
This Terms of Service (“Agreement”) is a contract between you and “Linqcash”, and applies to your use of Linqcash Services. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.
This is an important document which you must consider carefully when choosing whether to use the Linqcash Services. Please note the following risks of using the Linqcash Services:
- Payments received in your Account may be reversed at a later time, for example, if a payment is subject to a Chargeback, Reversal, Claim or is otherwise invalidated. This means that a payment may be reversed from your Account after you have provided the sender the goods or services that were purchased.
- You should be aware of the possibility of unauthorized transactions from your Account or receiving payments from unauthorized transactions from a third party’s Account. You can help protect yourself from the risks of unauthorized transactions by safeguarding your passwords and API secret keys, and regularly checking your Account transaction history.
- We may close, suspend, or limit your access to your Account or the Linqcash Services, and/or limit access to your funds if you violate this Agreement, the Acceptable Use Policy, or any other agreement you enter into with Linqcash.
- Service allowing buyers (“Buyer”) and seller (“Sellers”) to buy and sell Cryptocurrencies such as “Bitcoins”, XRP, Ethereum, Litecoin and Bitcoin Cash
- Transfer the above mentioned Cryptocurrencies to other members or other users of such cryptocurrencies outside Linqcash Site
- Use Bitcoins or the other Cryptocurrencies for Purchasing Goods
- Accept Bitcoins or the other Cryptocurrencies as Payment for goods and services
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 use of the Linqcash Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.
The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency – virtual or not – may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
Cryptocurrency trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Cryptocurrencies are unique type of “fiat” currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of Cryptocurrencies in a crisis.
Instead, Cryptocurrencies are an as-yet autonomous and largely unregulated global system of currency firms and individuals. Traders put their trust in a digital, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
The trading of Cryptocurrencies is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrencies because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Bitcoins, XRP, Ethereum, Litecoin and BitcoinCash.
We use our banking providers in order to receive client funds and make payments. Our banking providers DO NOT transfer, exchange, or provide any services in connection with Cryptocurrencies.
1 Interpretation & Definitions
“Account” or “Linqcash Account” means a Guest, Regular or Merchant Account, and includes any future types of Accounts we may introduce.
“API” means application programming interface.
“Bitcoins” means the peer-to-peer internet currency further described at http://bitcoin.org.
“Bitcoin Cash” means The Peer-to-Peer internet currency further described at https://www.BitcoinCash.org.
“Buyer(s)” means Member(s) that are submitting an offer to buy Bitcoins, XRP, Ethereum, Litecoin, BitcoinCash through the Service.
“Chargeback” means a request that a User files directly with his or her bank to invalidate a payment.
“Claim” means a challenge to a payment that a User files directly with us, and we, in our absolute discretion, are of the opinion that the underlying goods or services paid for using Linqcash Services were not received or significantly not as described.
“Communications” means any emails which Linqcash may send to the primary email address that you have provided to Linqcash when you opened your Linqcash account, as well as any text messages or calls, including autodialed and pre-recorded messages from Linqcash, which Linqcash may from time to time send to the telephone number (including your mobile telephone number) that you have provided to Linqcash.
“Error” means a processing error made by Linqcash or its suppliers in which your Account is mistakenly debited or credited.
“Ethereum” means The Peer-to-Peer internet currency further described at https://www.ethereum.org.
“Linqcash Credits” has the meaning stated in Clause 4.3.
“Linqcash”, “Linq”, “we“, “us” or “our” means Linq Limited, and where applicable, includes the subsidiaries and/or affiliates of Linq Limited.
“Litecoin” means The Peer-to-Peer internet currency further described at https://litecoin.org.
“Information” means any Account information that you (or other Users) provide to us, including but not limited to personal information, financial information, or other information related to you, your business, or other Users.
“Instruction” means an instruction for payment, withdrawal or such other instructions in relation to the Linqcash Services.
“Merchant Account User” means any User who holds or operates a Merchant Account with Linqcash.
“Payment Review” has the meaning stated in Clause 4.6.
“Platform User” has the meaning stated in Clause 8.2.1.
“Price” has the meaning “price per coin” for which Members are willing to purchase or sell Bitcoins, XRP, Ethereum; Litecoin, BitcoinCash, using the Service in a Bitcoin Purchase Transaction. The Price may be expressed in any of the currencies deposited by Members in their Account and supported by the Service. See our Site for a full list of currencies.
Seller(s). Member(s) that submit an offer to sell Bitcoins, XRP, Ethereum, Litecoin, BitcoinCash through the Service.
“Policy” or “Policies” means any Policy or other agreement between you and Linqcash that you entered into on the Linqcash website, or in connection with your use of the Linqcash Services.
“Reserve” means a percentage of the funds received into your Account that we hold in order to protect against the risk of Reversals, Chargebacks, Claims or any other liability related to your Account and/or use of the Linqcash Services.
“Restricted Activities” means those activities described in Clause 11 of this Agreement.
“Reversal” means Linqcash reverses a payment you received because (a) it is invalidated by the sender’s bank, (b) it was sent to you in Error by Linqcash, its parent, subsidiaries, affiliates, or any direct or indirect Linqcash subsidiary, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen internet banking account, Blockchain wallet, debit card or credit card), (d) the sender of the payment sent multiple payments erroneously, or such other manifest or obvious error, (e) you received the payment for activities that violated this Agreement, the Acceptable Use Policy, or any other Policy, or (f) Linqcash decided a Claim against you.
“Services” or “Linqcash Services” means all our products and services and any other features, technologies and/or functionalities offered by us on our website(s) or through any other means.
“Substantial Change” means a change to the terms of this Agreement that significantly reduces your rights or significantly increases your responsibilities.
“User” means any person or entity using the Linqcash Services, including you.
“Verified Account” means an Account status that reflects that Linqcash has verified that an Account holder against his or her national identification documents/card (or passport) and/or has control of his or her phone number. A Verified Account status does not constitute an endorsement of a User or a guarantee of a User’s business practices.
“Withheld” means any funds in an Account that cannot be transferred or withdrawn, and includes funds on Reserve.
“XRP” means The Peer-to-Peer internet currency further described at https://ripple.com.
The headings in this Agreement are for convenience only and shall not affect the interpretation hereof.
2 Payment Services & Eligibility
2.1 Payment Services
Linqcash is a payment services provider and acts as such by creating, hosting, maintaining and providing our Linqcash Services to you via the Internet. Our services allow you to send payments to anyone with a Linqcash Account, and, where available, to receive payments. Our service availability varies by country.
Linqcash is not a bank or deposit-taking company, and Linqcash does not maintain any bank account or any current, savings or deposit account for Users.
Linqcash is not providing the function of a settlement institution but is merely providing a technology infrastructure support. All settlements are to be carried out by the Users’ Bank.
Linqcash is not a remittance business or a money transfer service and Linqcash Services may not be used to remit funds to third parties.
Linqcash is not in the business of moneylending, nor is Linqcash in the business of providing credit.
Linqcash is not a common carrier or public utility.
To be eligible to use the Linqcash Services:
(a) You must be able to form legally binding contracts without limiting the generality of the foregoing: (i) you must be at least 18 years old or higher; and (ii) (for corporate bodies) you must have obtained the necessary corporate and/or regulatory approvals to use such Services.
(b) You must not impose a surcharge or any other fee for accepting Linqcash as a payment method. However, this does not prevent you from passing on the fees charged by Linqcash for the Services to the User sending the payment. You may charge a handling fee in connection with the sale of goods or services, as long as the handling fee is not higher than the handling fee you charge for non-Linqcash transactions.
2.3 Legal Relationship
In providing the Services, Linqcash does not act as principal but acts as facilitator on behalf of the Users to send payments to other Users via their Linqcash Accounts. As such, each payment transaction is a contractual relationship directly between you and the other User.
We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. Accordingly, we are not liable to you with respect to such transactions or to the other User.
2.4 Customer Information
In order to open and maintain an Account, you must provide us with correct and updated Information.
2.4.1 Your personal information & contact details: It is your responsibility to keep your personal information, primary email address and telephone number (including mobile telephone number) up to date so that Linqcash can communicate with you. You understand and agree that if Linqcash sends you a Communication but you do not receive it because your primary email address or telephone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Communications, Linqcash will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Linqcash to your email address book so that you will be able to receive the Communications we send to you. You can update your primary email address, telephone number, or residential/registered address at any time by logging into the Linqcash website or by contacting [email protected] If your contact information becomes invalid such that Communications sent to you by Linqcash are returned, Linqcash may deem your Account to be inactive, and you will not be able to transact any activity using your Linqcash Account until we receive a valid, working primary email address and/or telephone number from you.
2.4.2 Identity verification: You authorize Linqcash, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a scan of your national identification documents/card (or passport), proof of address, taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third party databases or through other sources.
2.4.3 Credit report authorization: If you open a Merchant Account, you are providing Linqcash with your written instructions and authorization in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorizing Linqcash to obtain your personal and/or business credit report: (a) when you request certain new products, or (b) at any time Linqcash reasonably believes there may be an increased level of risk associated with your Account.
2.4.5 Restriction on use of other Users’ personal information: Without limiting the generality of Clause 15.7, if you are a recipient of personal information of another Linqcash user, you shall only use the information for the purpose of performing or enforcing any transactions between you and that Linqcash user, and you shall not use, disclose or disseminate the information to other parties except in accordance with the law.
2.5 Beneficial Owner
You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.
3 Fees for Linqcash Services
You agree to pay Linqcash any and all prevailing fees charged by Linqcash from time to time in connection with the provision or use of the Services. The fees are chargeable as long as the Linqcash Service was used, even if the transaction was unauthorized, made in error, cancelled, subject to Payment Review, Reversal, Chargeback or Claim, or for whatever other reason that the receiving User has not received the money.
We may change our fees (including adding new fees) from time to time, which shall be stated on our website and which shall be binding on you if you continue to maintain or use the Services after the effective date for imposing the revised fees.
3.2 Deduction from or Set-off Against Your Account
Any fees charged by Linqcash may be deducted from or set-off against your Linqcash Account.
3.3 No Fee Refunds
The fees charged by Linqcash shall be payable in advance and are strictly non-refundable.
4 Send & Received Payments with Your Linqcash Account
4.1 Sending and/or Receiving Limits
We may, at our absolute discretion, impose limits on the amount of payments you can send and/or receive through the Linqcash Services. If you have a Verified Account, we may increase your sending and/or receiving limits.
4.2 Default Payment Methods
When you make a payment, Linqcash will fund your transaction in this order (subject to availability based on your payment methods and country of registration):
- Balance in your Linqcash Account (including Linqcash Credits, if applicable);
- Cryptocurrency from your Blockchain Wallet;
- Debit card; and then (if any)
- Credit card (if any)
4.3 Obtaining Linqcash Credits (if any)
In addition to the stored value balance you hold in your Linqcash Account, you may obtain Linqcash Credits which may be used to pay for your transactions with Merchant Account Users or Platform Users.
You may obtain Linqcash Credits in the following ways:
- We may issue you Linqcash Credits as part of a promotional campaign which we may conduct from time to time (for example, cashback schemes, loyalty reward schemes, bonus topup schemes, etc);
- You may purchase Linqcash Credits from us using the balance in your Account;
- You may purchase Linqcash Credits from us by making a bank transfer from your bank account; or
- You may purchase Linqcash Credits from us by using Cryptocurrencies
You may use your Linqcash Credits to:
- pay (partially or fully) for transactions with our selected Merchant Account Users or Platform Users; or
- pay Linqcash any fees for using Linqcash Services.
Linqcash may at its sole and absolute discretion reject your request to purchase Linqcash Credits for any reason whatsoever.
Linqcash Credits are not redeemable for cash nor are they refundable under any circumstances. They cannot be resold or exchanged for value under any circumstances.
Linqcash Credits shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
You may check your Linqcash Credits balance in your Linqcash Account. The Linqcash Credits balance set out in your Account shall serve as conclusive evidence of your Linqcash Credits.
Linqcash Credits will only be valid for (6) six months from the date of their last purchase or spend, whichever is later. The expiry date set out in your Account will serve as conclusive evidence of the expiry date of your Linqcash Credits. Linqcash shall have the right to deal with the expired Linqcash Credits in such manner as it deems fit in its absolute discretion. You hereby agree that you will have no claim whatsoever against Linqcash for any expired Linqcash Credits.
As your Liqncash payments may involve credit or debit cards transaction through our third party service providers and financial institutions, if such transaction results in a reversal or chargeback from our third party service providers or financial institutions, we reserve the right to charge you an administrative fee in addition to a claw-back of the amount from your Linqcash Credits or your Account Balance, or any other way we deem fit.
4.4 Sending Payments
If you are making a payment and your Linqcash Account does not have sufficient funds, you are required to transfer cryptocurrency into Linqcash’ designated wallet address (as specified in the user admin panel). Upon receiving the cryptocurrency, we will credit your Linqcash Account accordingly and effect the transfer to the User you wish to pay.
If you transfer cryptocurrency from your Blockchain Wallet, your Linqcash Account will not be credited unless we receive the Cryptocurrency in the Linqcash designated address(s) as stated on your user admin panel, with the correct initials / transaction reference code (as generated by the Linqcash system).
4.5 Receiving Payments
If you are receiving payments from merchant on Linqcash, you might be using one of our third party service providers. We may change the service providers we use any time without prior notice.
In addition to these terms, you agree to comply with the User Agreement governing your use of the services of our service providers and merchant. For instance, your use of third party service provider’s services are governed by Provider Agreement.
4.6 Payment Review
Payment Review is a process by which Linqcash reviews certain potentially high-risk transactions. If a payment is subject to Payment Review, we may place a hold on the payment and conduct a review and either clear or cancel the payment. If the payment is cleared, the receiving User or merchant will be notified that the funds have been transferred. Otherwise, the payment will be cancelled and returned to the sending User’s Linqcash Account.
4.7 Risk of Reversals, Chargebacks and Claims
When you receive a payment, you are liable to Linqcash for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus the applicable fees, as charged by Linqcash, if you lose a claim or a chargeback, or if there is a Reversal of the payment.
4.8 Refund of Transferred Amount
If you are a receiving User wishing to refund the transferred amount to the sending User, you should contact the Linqcash operation team. The refund amount should not exceed the original transferred amount. The processing of any refund is in Linqcash’ absolute discretion, and if a refund is issued, you continue to be liable to Linqcash for fees for the initial transfer, as well as the prevailing administrative fees for effecting such a refund (if any).
If you are a sending User, you should contact the receiving User if you wish to get a refund for the transferred amount. Linqcash may, in its absolute discretion, assist you in contacting the receiving User, but Linqcash shall not be under any obligation to refund you the transferred amount.
4.9 No Double Recovery
You shall not attempt to or receive a refund for the same transaction from more than one of the following parties:
- A receiving User;
- Any third party (e.g. through a chargeback claim to your bank); or
- Linqcash (only if applicable).
5 Withdrawing from Your Linqcash Account
5.1 Withdraw to Your Blockchain Wallet
You can withdraw the funds in your Linqcash Account to your Blockchain Wallet at any time. If you do not use the funds in your Account for a prolonged period, we may remind you to withdraw some or all of your funds, or we may return those funds to your attached Blockchain Wallet.
5.2 Withdrawal Limits
Depending on the degree to which you have Verified your Account, we may limit your ability to withdraw funds until you comply with our requests for information. For the avoidance of doubt, withheld funds or any funds placed on hold shall not be withdrawn. Additionally, we may delay withdrawals of large sums of money while we perform a risk review.
5.3 Withdrawal Fees
When withdrawing your Account balance, you will be charged the prevailing withdrawal fees depending on the method of withdrawal you choose. In addition, if you withdraw your balance in a currency other than the currency in which the balance on your Account is denominated, you will be charged the prevailing currency conversion fees.
6 Your Account Balance
If you hold a balance, Linqcash will hold your funds in pooled accounts separate from its corporate funds, and we will not use your funds for Linqcash’ operating expenses or for any other corporate purposes. We will not voluntarily make your funds available to Linqcash’ creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your balance. Linqcash may receive interest on amounts that Linq Limited holds on your behalf. You agree to assign your rights to Linq for any interest derived from your funds.
Additionally, Linqcash’ records of all transactions (and your Account balance) will be conclusive and binding on you for all purposes.
6.2 Maximum Limits
Depending on the degree to which you have Verified your Account, we may limit the maximum amount of money that you can hold in your Account. Additionally, we may impose separate maximum limits based on our prevailing operational thresholds.
6.3 Set-off of Due Amounts
You agree to allow Linqcash to recover any amounts due to us by debiting your Account balance or your Linqcash Credits. If there are insufficient funds in your Account balance and Linqcash Credits to cover your liability, you agree to make payment to Linqcash through other means.
Additionally, if you have a past due amount owed to an Linqcash affiliate, subsidiary, or parent company, Linqcash may debit your Account to pay any amounts that are more than 90 calendar days past due.
6.4 Negative Balances and Multiple Currencies
If your Account has a negative balance for any reason, you shall take all necessary actions to restore your Account to a zero or positive balance as soon as possible.
Linqcash may set-off the negative balance with any funds that you subsequently add to or receive into your Account. If you have multiple currency balances in your Account and one of the currency balances becomes negative for any reason, Linqcash may set-off the negative balance by using funds you maintain in a different currency balance.
If your Account still remains negative despite the set-off, you shall transfer money from your Blockchain Wallet into Linqcash designated Blockchain Address as soon as possible to bring your Linqcash Account to a zero or positive balance. Additionally, you agree and irrevocably authorize Linqcash to charge your debit card or credit card for the amounts owing, or to engage in other collection efforts to recover such funds from you.
7 Your Instructions and Authorizations
7.1 Giving instructions
You are solely responsible for accurately entering any instruction, including (but not limited to) describing or identifying the receiving User and all the necessary information of the receiving User in order to enable us to carry out any instruction. Linqcash is not responsible for confirming such information, or for monitoring or refusing to process duplicate instructions.
If you, or a Platform User or Merchant Account User to whom your Account is linked to, gives an Instruction that is incorrect, you agree that Linqcash may charge your Account for the payment whether or not the error could have been detected by Linqcash. Linqcash is not obligated to detect errors in such Instruction(s).
Your Instructions shall be irrevocable and unconditional and shall be binding on you, and such Instructions may be acted or relied upon by us irrespective of any other circumstances. As such, once you give any Instruction, you shall not rescind or withdraw such Instructions without our consent.
Your Instructions shall not be considered to be received by Linqcash until they have actually reached Linqcash central system successfully.
Additionally, Linqcash records of all Instructions will be conclusive and binding on you for all purposes.
7.2 Linking your Linqcash Account to a Platform User’s or Merchant Account User’s Website, App, Software or Service
7.2.1 Authorizing Platform Users or Merchant Account Users: In order to be able to provide you with the use of their services or platforms, Platform Users or Merchant Account Users may require you to link your Linqcash Account to their website, app, software or service. If you do so, you agree and authorize that Linqcash may permit these Users to (without any further action or confirmation on your part):
- Access your Linqcash Account, your Account balance, payment data and transaction history;
- Create charges and transactions in your Linqcash Account;
- Send payments, receive payments and withdraw money from your Linqcash Account into a bank account and Blockchain Wallet, or give us such other Instructions on your behalf (which shall be deemed to have come from you); and
- Deduct from your Linqcash Account (where there are sufficient funds) fees and charges arising from services provided or transactions conducted through the Platform User’s services.
7.3 Our Discretion
You acknowledge and agree that Linqcash may refuse to act upon an Instruction for any reason whatsoever and may defer acting thereon or seek further information with respect to the Instruction as it thinks fit. Additionally, Linqcash is authorized (but not obliged) to act on any Instruction which Linqcash believes was given by you.
7.4 Your Identity or Authority
Linqcash shall not be under any obligation to verify the identity or authority of any person giving any Instruction and the authenticity of such Instruction. We shall not be liable for relying or acting on Instructions which are given or purported to be given by any person(s) whom we believe to be the User (or a Platform User or Merchant Account User to whom a User’s Account is linked to), regardless of the circumstances prevailing at the time of such Instructions, the nature of the arrangement, services or transaction made pursuant to such Instruction or the amount of money involved and notwithstanding any error, misunderstanding, fraud, forgery or lack of clarity or authorization in the terms of such Instruction.
7.5 Notification of Instructions / Completion Notifications
Linqcash may transmit a notification upon receipt of an Instruction via the Linqcash Services. You are responsible to ensure the confirmation is in accordance with your Instruction. Completion notification that an Instruction and/or a transaction has been received and/or effected through the Linqcash Services will be provided via electronic communications. Such completion notification shall be deemed to have been received by you immediately after transmission and you should check such completion notification. You should contact us if you do not receive any completion notification within the time usually required for a similar notification to be received.
7.6 Your Authorization
You agree and authorize that (upon receiving your Instruction to send money to another User), Linqcash may act upon such Instruction and to transfer money from your Linqcash Account to the receiving User’s Linqcash Account.
You agree and authorize that (upon receiving your Instruction to receive money from another User), Linqcash may act upon such Instruction and to receive the money in your Linqcash Account (less any applicable fees).
You agree and authorize that (upon receiving your Instruction to withdraw money from your Linqcash Account), Linqcash may act upon such Instruction and to transfer the corresponding amount (less any applicable fees) from your Linqcash Account to pay you with the withdrawal method you specify (subject to any restrictions or limits in this Agreement – see in particular Clause 5).
8 Integration with Your Website, APP or Business
We offer advanced features for Users with Merchant Accounts to start sending or accepting payments via Linqcash Services by integrating certain software features into their existing website(s), app(s), software, or service(s).
Users are advised to study the Developers’ documentation in the Linqcash website and to conduct extensive testing on their websites before “going live” to accept money from their customers using the integrated Linqcash Services.
8.2 Platform Users
8.2.1 Platform Users: We enable Users to integrate Linqcash Services in their platform or marketplace (referred to as “Platform Users”) to manage the payment experience of their end-users, who may be buying or selling goods or services on such platforms or marketplaces. Platform Users are able to, amongst other things, create a new Linqcash Account on behalf of their end-users, send payments, receive payments and withdraw money from their end-user’s Account on the end-user’s behalf.
For the avoidance of doubt, as a Platform User, you do not own any of the transactions or other details related to any User’s Linqcash Account. Your role is only as a facilitator.
8.2.2 Agreements with end-users: As a Platform User, you must have an agreement, whether written or otherwise, with your end-user on how you will be transacting with their Linqcash Account.
You represent and warrant to Linqcash that you will: (a) obtain authorization from your end-users for all the Activity initiated on their behalf, and for the use of their data obtained through or used with Linqcash by you, your employees, and your agents; (b) not use Linqcash or knowingly permit the use of Linqcash in a manner that is fraudulent, unlawful, deceptive or abusive.
You must always take all reasonable steps to ensure that your end-users do not use Linqcash Services in violation of these terms or for any Restricted Activity.
You are solely responsible for ensuring that each end-user using Linqcash Services expressly agrees to comply with Linqcash Terms of Service. You must ensure that these end-users agree to these terms in a manner that clearly evidences their acceptance and makes clear that Linqcash is providing services to them subject to the Linqcash Terms of Service. You must ensure that each end-user has an opportunity to review the Linqcash Terms of Service prior to acceptance that the end-user’s acceptance is sufficient under applicable law (including by ensuring that the person agreeing on behalf of the end-user is of suitable legal age and is authorized to bind the end-user), and that such acceptance is confirmed, recorded, and can be audited.
8.2.4 Platform Users’ right to charge fees: As a Platform User, you may choose to charge your end-users additional fees on top of our fees. We will deduct those fees from transactions completed through your services and allocate them to your Linqcash Account immediately.
You are solely responsible for accurately and clearly communicating in your agreement with your end-users such fees for their use of your services. You also agree to accurately and clearly communicate to us any such fees that you plan to charge to your end-users before they sign up to use your services.
8.3 Transactions with Linked Linqcash Accounts
8.3.1 Authorized transactions and Instructions only: If you are a Platform User or Merchant Account User transacting with another User’s Account linked to your website, app, software or service, you shall ensure that you have been duly authorized or have a legal or contractual right to transact with, give Instructions, or otherwise make any deductions from these linked Users’ Accounts.
8.3.2 Responsibility for Transactions and Instructions: You are solely responsible for all transactions and Instructions you have given to us in relation to the Users’ Accounts linked to your website, app, software or service. This includes the provision of any goods or services sold to such Users or your other end-users as part of your use of Linqcash Services, as well as any obligations you may owe to such Users or your other end-users.
Consequently, you agree to fully indemnify us (in accordance with Clause 15.4) in relation to any such transactions or Instructions on your linked Users’ Accounts.
8.3.3 Responsibility for Chargebacks, Reversals, refunds etc.: Without limiting the generality of Clause 12.1, you are financially liable for all Chargebacks, Reversals, refunds, charges and fines for transactions or Instructions on your linked Users’ Accounts.
8.4 Linqcash Co-Branding
If you are a Platform User or a Merchant Account User using advanced features like our integration APIs, we may require you to feature the Linq logo and branding at your payment options or payment pages or both. The exact placements and layouts of the Linq logo and branding shall be discussed with and agreed on by us, and may be subject to change from time to time.
8.5 Use of Linqcash APIs
We may make available to you Linqcash API guides and documentation, and you shall comply with such documentation in connection with the integration and use of the APIs.
You are prohibited from interfacing with Linqcash APIs in a way which Linqcash has stated is not permitted in the documentation.
8.6 Grant of Software License
If you are using Linqcash software such as an API, developer’s toolkit or other software application that you have downloaded to your computer, device, or other platform, then Linqcash grants you a revocable, non-exclusive, non-transferable license to use Linqcash’s software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all Linqcash documentation accompanying the Linqcash Services. If you do not comply with Linqcash’s implementation and use requirements you will be liable for all resulting damages suffered by you, Linqcash and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to Linq’s software are owned by Linq Limited. Any third party software application you use on the Linq website is subject to the license you agreed to with the third party that provides you with this software. Linq does not own, control nor have any responsibility or liability for any third party software application you elect to use on the Linqcash website and/or in connection with the Linqcash Services. If you are using the Linqcash Services on the Linq website, or other website or platform hosted by Linq, or a third party, and are not downloading Linq’s software or using third party software applications on the Linq website, then this Clause does not apply to your use of the hosted Linq Services.
8.7 No Support
We do not provide technical or customer support in relation to integrating Linqcash Services into your website or your business. If we do provide any support, it is purely out of goodwill and we shall not be obligated to continue or follow-up in any matter. Additionally, we shall not be liable for any losses (direct or indirect, special or consequential) that you may suffer from any support that we have provided, even if it was provided negligently.
You should consult or engage a web developer or an IT team to integrate the Linqcash Services into your business.
9 Closing Your Linqcash Account
9.1 How to Close Your Account
You may close your Account at any time by following the instructions in your Account profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any special discounts or promotional credits etc., unless we are otherwise legally prohibited from doing so. You must withdraw your balance prior to closing your Account.
9.2 Limitations on Closing Your Account
You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may hold your funds to protect Linq, its parent, subsidiaries and affiliates or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
10 Errors & Unauthorized Transactions
10.1 Safeguarding your Account ID, password and API keys
You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), API keys, API secret keys, or any other codes that you use to access Linqcash Services or to send any Instruction to us.
10.2 Unauthorized Transactions
You are responsible for the control and use of your Linqcash Account and any Instructions sent from your Account are deemed to be authorized and are binding on you. As stated in Clause 7.1, we are not in the position (nor are we obligated) to verify the identity or authority of any person(s) using your Linqcash Account.
If you discover a transaction in your Linqcash Account that you did not authorize, you should contact the other relevant party (e.g. the other User receiving your money, or the bank which the money was withdrawn to) directly to resolve the issue. You may wish to also contact Linqcash to assist you to contact the other relevant party if he or she is a User.
10.3 Linqcash Errors
We will rectify any Error that we discover.
(a) If an Error results in you receiving less than the correct amount which you are entitled to, Linqcash will restore your Account balance with the difference.
(b) If an Error results in you receiving more than the correct amount which you are entitled to, Linqcash will remove the extra funds from your Account balance. If the deduction results in your Account balance becoming negative, you shall deposit cryptocurrency into your Account (in accordance with Clause 6.4 above) as soon as possible to restore your Account to a zero or positive balance.
10.4 Your Errors
10.4.1 Sending payments: If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example), your only recourse will be to contact the party to whom you have sent the payment and ask them to refund the payment. Linqcash will not reimburse you or reverse a payment that you have made in error.
10.4.2 Deposits: If your Linqcash account does not have a sufficient balance to send the requested payment, you will have to deposit into your Linqcash Account. If you erroneously transferred cryptocurrencies to the wrong designated wallet address (i.e. a deposit address that is not on Linqcash designated list), your only recourse will be to contact your Wallet Provider and ask them to assist. If you have transferred successfully into the Linqcash designated wallet address(s) but you entered the wrong initials / transaction reference code when initiating the transfer, you should contact Linqcash customer support and send the necessary screenshots and documents to prove that the transfer originated from you. Linqcash is under no obligation to credit your Linqcash account with funds unless Linqcash is satisfied that your funds were successfully transferred into Linqcash’ designated wallet address(s) AND with the correct initials / transaction reference code (as generated by the Linqcash system).
10.4.3 Withdrawals: If you erroneously withdrew money from your Linqcash Account to a wrong wrong address, or withdrew the wrong amount (based on a typographical error, for example), your only recourse will be to contact the receiver to whom you sent the payment and ask them to refund the payment. Linqcash will not reimburse you or reverse a withdrawal that you have made in error.
11 Restrictions On Use of Linqcash Services
In connection with your use of our website, your Account, the Linqcash Services, or in the course of your interactions with Linqcash, other Users, or third parties, you will not:
- Breach this Agreement or any other Policy that you have agreed to with Linqcash;
- Violate or attempt to violate any law, statute, ordinance, or regulation;
- Infringe Linqcash or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Act in a manner that is defamatory, trade libelous, threatening or harassing;
- Provide false, inaccurate or misleading Information;
- Engage in potentially fraudulent or suspicious activity and/or transactions;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
- Receive or attempt to receive funds from both Linqcash and the other User (or Cryptocurrency wallet, where applicable) for the same transaction during the course of a dispute;
- Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
- Conduct your business or use the Linqcash Services in a manner that results in or may result in complaints, disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to Linqcash, other Users, third parties or you;
- Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the Linqcash Services;
- Use your Account or the Linqcash Services in a manner that Linqcash, banks, Visa, MasterCard, American Express, Discover, JCB, Union Pay or any other electronic funds transfer network reasonably believes to be an abuse of the funds transfer system or card system or a violation of card association or network rules;
- Use a credit card with your Account to provide yourself a cash advance (or help others to do so);
- Use Linqcash services to make transactions for the primary purpose of earning rewards, perks, miles, points etc. with your credit card, debit card, or bank account (or help others to do so);
- Allow your Account to have a negative balance;
- Disclose or distribute another User’s Information to a third party or use the Information for marketing purposes, unless you receive the User’s express consent to do so;
- Send unsolicited email to a User or use the Linqcash Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- 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 Information;
- Use an anonymizing proxy;
- Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
- Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the Linqcash Services; or
- Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers.
12 Your Liability – Actions We May Take
12.1 Your Liability
You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by Linqcash, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Linqcash Services. You agree to reimburse Linqcash, a User, or a third party for any and all such liability.
You are also liable for using the services of our third party service providers in a manner prohibited by them in their agreement with you, or providing inaccurate or incomplete information while using their service.
12.2 Reimbursement for Your Liability
If you are liable for any amounts owed to Linqcash, Linqcash may immediately remove such amounts from your Linqcash Credit and your Account balance. If your current Account balance is insufficient to meet your liability, Linqcash will remove any funds remaining in your Account and instate your Account with a negative balance up to the remaining amount of your liability, and you shall deposit into your Account (in accordance with Clause 6.4 above) as soon as possible to restore your Account to a zero or positive balance, or to pay Linqcash through an alternative method agreed to by Linqcash.
12.3 Actions by Linqcash – Restricted Activities
If Linqcash, in its absolute discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect Linqcash, its parent, subsidiaries and affiliates, other Users, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions that may be taken include but are not limited to the following:
- We may close, suspend, or limit your access to your Account or the Linqcash Services;
- You may have to forfeit your Linqcash Credits;
- We may refuse to provide the Linqcash Services to you now and in the future; and
- We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Linqcash or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
12.4 Actions by Linqcash – Holds
Risk-based holds: Linqcash, in its absolute discretion, may place a hold on any or all of the payments you receive when Linqcash believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. Linqcash’s determination may be based on different factors and Linqcash may rely on information it receives from third parties. If Linqcash places a hold on a payment, the funds will appear in your “withheld balance” and the payment status will indicate the “Pending”, for example it can show as “Completed – Funds not yet available.” Linqcash will release the hold on any payment after 30 calendar days from the date the payment was received into your Account unless Linqcash has a reason to continue to hold the payment such as (a) the receipt of a dispute, Claim, Chargeback, or Reversal, (b) Linqcash believes that you have violated the terms of this Agreement or any other Policy and that such a violation results in the need to continue holding the funds, or (c) Linqcash believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. In such an event, Linqcash may continue holding the payment in your Account until the matter is resolved pursuant to this Agreement. Linqcash, in its absolute discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped or when the paying User confirms that you have delivered the goods or services promised.
Disputed transaction holds: If a User files a dispute, Claim, Chargeback or Reversal on a payment you received, Linqcash may place a temporary hold on the funds in your Account to cover the amount of the liability. If you win the dispute, Linqcash will lift the temporary hold. If you lose the dispute, Linqcash will remove the funds from your Account.
12.5 Actions by Linqcash – Reserves
Linqcash, in its absolute discretion, may place a Reserve on funds held in your Account where Linqcash believes there may be a high level of risk associated with your Account. If Linqcash places a Reserve in your Account, transactions will be shown as “pending” or “withheld” in your Linqcash balance, and you will not have access to funds in a “pending” or “withheld” status until they are cleared. The terms of the Reserve may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in Reserve, or anything else that Linqcash determines is necessary to protect against the risk associated with your Account. Linqcash may change the terms of the Reserve at any time by providing you with notice of the new terms.
12.6 Actions by Linqcash – Account Closure, Termination of Service, Limited Account Access; Confidential Criteria
Linqcash, in its absolute discretion, reserves the right to terminate this Agreement and/or access to the Linqcash Services for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, you may have the opportunity to request restoration of access if, in our absolute discretion, we deem it appropriate. Further, you acknowledge that Linqcash decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ Accounts and the Linqcash system. You agree that Linqcash is under no obligation to disclose the details of its risk management or its security procedures to you.
12.7 Acceptable Use Policy Violations
If you violate the Acceptable Use Policy, then in addition to the above actions, you will be liable to Linq Limited for Linqcash damages for each violation of the Acceptable Use Policy. You agree that $500.00 EURO (or equivalent) per transaction in violation of the Acceptable Use Policy is presently a reasonable minimum estimate of Linqcash actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to Linqcash that reasonably could be anticipated because due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. Linqcash may deduct such damages directly from any existing balance in the offending Account, or any other Account you control.
13.1 Disputes with other Users regarding underlying transaction
If you have any disputes with other User(s) regarding the underlying transaction, you should take it up with the other User(s) directly. We shall not be involved in any dispute that may arise between Users unless all of the following criteria are met:
- Such dispute relates specifically to the use of the Linqcash Services;
- Such dispute does not relate to a transaction conducted through a Platform User’s website, app, software or service;
- Such dispute is notified to Linqcash within 30 calendar days of the date of occurrence of the dispute;
- Such dispute or claim arises from a transaction through the Users’ email addresses or mobile telephone numbers registered with Linqcash for the use of the Linqcash Services; and
- You have furnished Linqcash with all materials and information relating to the said dispute which we may reasonably request for the purpose of our investigations.
13.2 Receiving User’s responsibility
If you are a User receiving funds via the Linqcash Services or a Platform User, it shall be your sole responsibility to comply with all applicable laws and obligations relating to your provision of goods or services to your customers or end-users. You shall also deal with all customer service issues, notifications, handling of refunds, and complaints made by the sending User (or other third parties) in respect of the goods or services supplied by you or your end-users under the Linqcash Services.
13.3 Release of Linqcash
If you have a dispute with one or more Users, you release Linq Limited, its parent, subsidiaries and affiliates (and any of the aforementioned entities’ officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and losses and damages (direct or indirect) (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
13.4 Disputes with Linq Limited regarding Linqcash Services
13.4.1 Contact Linqcash first: If a dispute arises between you and Linq, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Linq Limited regarding the Linqcash Services may be reported to our customer support department via the Linqcash website.
13.4.2 Arbitration: For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 EURO (or other currencies equivalents), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elect’s arbitration, that party will initiate such arbitration through the United Kingdom Law or any other established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
13.4.3 Law and forum for disputes: Except as otherwise agreed by the parties or as described in Clause 13.4.2 above, you agree that any claim or dispute you may have against Linqcash must be resolved by a court located inUnited Kingdom or where the defendant is located. You agree to submit to the personal jurisdiction of the courts located within United Kingdom for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of United Kingdom as such laws are applied to agreements entered into and to be performed entirely within United Kingdom, without regard to conflict of law provisions.
13.4.4 Improperly filed litigation: All claims you bring against Linq Limited must be resolved in accordance with Clause 13.4 of this Agreement. All claims filed or brought contrary to Clause 13.4 shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to Clause 13.4, Linq Limited may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $10,000.00 EURO, provided that Linq has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
14.1 Notices to You
You agree that Linq may provide you communications about your Account and the Linqcash Services electronically. Linqcash reserves the right to close your Account if you withdraw your consent to receive electronic communications. Any electronic communications will be considered to be received by you: (1) within 24 hours of the time we post it to our website; or (2) immediately upon our sending of an email to you. Any notice sent to you by postal mail will be considered to be received by you 3 business days after we send it.
14.2 Notices to You from our Third Party Service Providers
You authorize us to receive notices and forms on your behalf from third party service providers. Linq reserves the right to close your Account or restrict the Services provided to you if you withdraw your consent to enable us to receive such notices or forms.
14.3 Notices to Linq Limited
Unless otherwise stated in this Agreement, notice to Linq must be sent by postal mail to the registered address of Linq Limited; Attention: Legal Department.
15 Misc. Terms
15.1 Limitations of Liability
IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE LINQCASH SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES, AND SHALL NOT EXCEED $100.00 EURO OR YOUR ACCOUNT BALANCE AS AT THE DATE OF YOUR CLAIM, WHICHEVER IS LOWER.
15.2 Services Limitation
Linq Limited is not a bank and the Linqcash Services are payment processing services and Cryptocurrencies Exchange rather than banking services. Linqcash is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. Linq does not have control of, nor liability for, the products or services that are paid for with the Linqcash Services. We do not guarantee the identity of any User or ensure that a buyer or a seller will complete a transaction.
15.3 No Warranty
THE LINQCASH SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. LINQ, OUR PARENT, SUBSIDIARIES 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. Linq does not have any control over the products or services that are paid for with the Linqcash Services and Linq cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. Linq does not guarantee continuous, uninterrupted or secure access to any part of the Linqcash Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. Linq will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner but Linq makes no representations or warranties regarding the amount of time needed to complete processing because the Linqcash Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from country to country.
You agree to defend, indemnify and hold Linq Limited, its parent, subsidiaries and affiliates, and our officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including attorneys’ fees), fine, losses (including consequential losses and special damages), charges, expenses or any other liability incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Linqcash Services, or by Linq Limited enforcing any term in this Agreement to prevent any breach thereof.
15.5 Intellectual Property
“Linqcash.com” and all other URLs, logos and trademarks related to the Linqcash Services are either trademarks or registered trademarks of Linq Limited or its licensors. You may not copy, imitate or use them without Linq prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Linq Limited. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Linqcash through our merchant services or affiliate programs without prior written consent for the purpose of directing web traffic to the Lincash Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to Linq or the Linqcash Services or display them in any manner that implies Linq sponsorship or endorsement. All right, title and interest in and to the Linqcash website, any content thereon, the Linqcash Services, the technology related to the Linqcash Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Linq Limited and its licensors.
15.6 Calls to You; Advertisements / Marketing / Promotions
By providing Linq Limited a telephone number (including a mobile telephone number), you consent to receiving text messages and calls, including autodialed and pre-recorded messages from Linqcash at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categories it as such in our systems and in your Account Profile, and you consent to receive text messages from us about your use of the Linqcash Services, as well as any advertising or marketing materials, at that number.
If you receive Information about another User through the Linqcash Services, you must keep the Information confidential and only use it in connection with the Linqcash Services. You may not disclose or distribute a User’s Information to a third party or use the Information for marketing purposes, unless you receive that User’s express consent to do so.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Linq is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. In addition, you may be subject to GST, sales tax, income tax, or other tax liabilities as a seller of goods or services. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority. All Fees related to the Linqcash Services are made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country are your sole responsibility.
15.9 Complete Agreement and Survival
This Agreement, along with any applicable Policies on the Legal Agreements page on the Linqcash website, sets forth the entire understanding between you and Linq with respect to the Linqcash Services. Clauses 1 (Interpretation & Definitions), 9 (Closing Your Linqcash Account), 12 (Your Liability – Actions We May Take), 13 (Disputes), 14 (Notices) and 15 (Misc. Terms), as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision (or parts thereof) of this Agreement is held to be invalid or unenforceable, such parts of the provision shall be struck out to the extent of the invalidity/unenforceability and the remaining provisions shall be enforced.
You may not transfer or assign any rights or obligations you have under this Agreement without Linq’s prior written consent. Linq reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
15.11 Translated Agreement
Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall
15.12 No Waiver
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
15.13 Assumption of Rights
If Linqcash pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that Linq assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in Linq’s absolute discretion.