Terms of Service

Date of the latest revision: Feb 2019

Welcome to Xanpool.com

Xanpool.com is a platform service that enables its users to match with market makers will to buy and sell local currency for cryptocurrency. Market makers can use the platform to create advertisements where they offer to buy or sell cryptocurrency. Other users can interact with these market makers and the two users can conduct the trade following the market makers’ exchange method. All trades on this site are conducted between users of the service. Xanpool.com may help to resolve disputes between market maker and market takers. Acting as an information platform, Xanpool.com is not itself a party of any cryptocurrency trade or transactions conducted by its users.

These Terms of Service ("Agreement") form a legal agreement covering the provision of services ("service" or "services") provided by Xanpool Oy ("Xanpool.com" or "Xanpool" or "us" or "our" or "we") to you as an individual ("you" or "your"). Your use of the services will be governed by this Agreement, along with the Xanpool.com Privacy Policy. Please read through this Agreement and Privacy Policy carefully before accepting them.

Acceptance and Change of Terms

Before you can register an account you must accept our Terms of Service and Privacy Policy. By accepting this Agreement or by using the Service, you expressly acknowledge and agree that you are entering into a legal agreement with Xanpool, and have understood and agree to comply with, and be legally bound by, this Agreement.

For changes to these Terms of Service that will significantly affect your rights and obligations we will strive to notify you before the changes take effect. You can terminate this Agreement at any time by concluding any outstanding trades and other obligations, withdrawing any remaining balances and deleting your account.

Registration and User Account

To use our services, or to access this site or some of the resources it has to offer, you may be asked to provide registration details in order to register a user account ("User Account" or "account"). It is a condition of use of this site and our services that all the details you provide are correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the site, or any of its resources, and to terminate or suspend your account.

To be eligible to use our services you must be at least 16 years old. You may only use your own account at Xanpool.com and you may only have one account registered. You may only act on your own behalf. You may not use your account to act as an intermediary or broker for any person or entity. You are not allowed to sell, borrow, share or otherwise make available your account or any detail necessary to access your account to people or entities other than yourself. You are responsible for maintaining adequate security and control of any and all usernames, passwords, two-factor authentication codes or any other codes or credentials that you use to access the services.

Your account must not contain misleading or fraudulent information, including, but not limited to having a non-personal phone number. Creating fake reputation information for your account, faking your country of origin or providing fraudulent identification documents is prohibited.

Company Accounts

If you wish to use our services as a company or other entity you are required to verify your account as a company. A company-verified account is individual and can only be used by the person who registered it. Company accounts are not allowed to be shared with or used by other individuals or entities.

Accounts that are company-verified are allowed the following exemptions from these Terms of Service:

A company may have several active user accounts at any time, provided they are all company-verified and operated by a single employee of the company. A single employee may only register and operate a single account.

A company may have active advertisements from several accounts with the following exceptions: Ads are not allowed to overlap between accounts. E.g. you’re not allowed to create advertisements using the same limits with the same price in the same payment method category in the same country.

Identity Verification

In order to ensure Xanpool remains a safe platform for all of our customers we may require you to verify your identity to access part of the services we offer. Identity verification may be required when you create advertisements, pass certain trade volume limits, during trade disputes, fraud investigations, and to ensure account ownership. As part of our ID verification process we require you to provide us with your full name as well as documents and photographs that verify your identity.

In certain situations we may require enhanced identity verification. This may include requirements to verify details or sources of funds regarding payments you have made or received during trades on Xanpool as well as Cryptocurrency transactions that you’ve sent or received from your Xanpool account.

ID verified accounts have a clear owner which makes it easy to return access to you if you lose all access to your account. It is very hard or impossible to return access to accounts that are unverified, even if you know your username, as it is difficult to identify the original account owner.

Cryptocurrency Trading

You can initiate Bitcoin trades ("trade"" or "contact") to either buy or sell Bitcoin by sending trade requests to advertisements created by other users.

You can initiate Cryptocurrency trades ("trade"" or "contact") to either buy or sell Cryptocurrency by sending buying or selling requests to the market makers who are engaged on XanPool. By a request you agree to be bound by the terms and conditions of the trade as selected and determined by the market market( by selecting from the options available to market maker) and displayed on the transaction page. The terms and conditions specified by the market maker are valid in all cases except when they contradict or violate these Terms of Service, are unreasonable or otherwise difficult to comply with, are illegal, or if both parties of the trade consent to alter the terms and conditions of the trade.

The exchange rate, Cryptocurrency amount, payment window, payment method and other terms and conditions of the trade that are visible on the transaction page prior to sending a trade request cannot be altered once a trade request has been sent and the trade has started.

Payments made by buyers must be sent by the same person that registered and uses the account. Payment details provided by sellers must match the name of the Xanpool account holder. Making, providing, or attempting to make or provide payments to or from third parties is considered a violation of this agreement.

Transaction Rate Guarantee

During the process of conducting the transaction, after the user has confirmed and agreed to the fees, XanPool market makers will guarantee the local currency to cryptocurrency rate displayed, if, and only if the customer send their funds to the market marker within a three minutes time window. If the funds are transferred after 3 minutes and the price of the specific cryptocurrency to local currency pair moves more than 1 percent in this time. Your transaction will be adjusted to the new market price.

Transaction Settlement Delay

During the process of conducting the transaction, after the user has confirmed and agreed to the fees. The market maker may require certain processes to be followed by the users, including but not limited to inputting a certain text string when sending the funds, in order for the market maker to process the transaction instantly. If the users do not include the text string, there may be a delay for up to 24 hours in processing the transaction.

Not following the processes set out by the market maker when sending the funds, is the equivalent of not having sent the funds, and thus the “Transaction Rate Guarantee” may be affected.

Fees and Pricing

The services are provided to you against fees determined on a per transaction and/or per trade basis in accordance with the prices and pricing principles set out on our website. Such fees may include fees for incoming and outgoing transactions, percentage based fees for trades completed, and percentage based fees for merchant invoicing services deducted from the paid invoice amount.

Unless otherwise specified fees are deducted from your Xanpool transactions at the time when the market-maker is conducting it’s settlement of the transaction.

Supporting Blockchain Forks and Other Cryptocurrencies From time to time, new and alternative cryptocurrencies and/or forks of the Cryptocurrency blockchain may be created. This may result in holders of private keys containing a Cryptocurrency balance receiving a corresponding amount of the new cryptocurrency on the newly created blockchain (“air-drop”). We reserve the right at our sole discretion to decide if and how we support any new cryptocurrencies and/or blockchain forks in our services including defining which blockchain shall be deemed as Cryptocurrency within the meaning of this Agreement. We strive to communicate our decisions concerning any significant new forks or cryptocurrencies on our website in a timely manner. If we decide to not support a new cryptocurrency we may, but are not obligated to, compensate users who held Cryptocurrency in their Xanpool account at the time of the air-drop in a manner deemed appropriate by us. We reserve the right to provide compensation by converting all of the available new cryptocurrency to Cryptocurrency and sharing all of the converted Cryptocurrency between users who held a Cryptocurrency balance on their account at the time of the creation of the new cryptocurrency. In case such a conversion takes place we may charge you a processing fee in any amount deemed reasonable by us at our sole discretion but not exceeding the amount of compensation payable to you.

If we decide to support a new cryptocurrency, unless otherwise communicated by us, these Terms of Service, including any reference to Cryptocurrency, shall be equally applied to the new cryptocurrency.

We cannot guarantee that the decisions we take under this Section will be suitable, desirable or practical to you. If you are concerned about our decisions, stances or the lack thereof regarding any given blockchain fork or new cryptocurrency, we recommend that you withdraw your balance and handle the situation on your own as you see fit. We are not in any circumstance liable for any damage, losses, expenses or harm resulting to you from the use of our rights under this Section.

Allowed Jurisdictions

To use services provided by Xanpool you may need to fulfil certain legal obligations in your country and/or state of residence. By accepting these terms and service you confirm that you have reviewed your local laws and regulations and that you are aware of, and fulfill, any and all such obligations.Xanpool does not offer the use of its services in certain jurisdictions, by accepting these terms of service you confirm that you are not a resident or governed by the laws and regulations of the Federal Republic of Germany as well as the States of New York and Washington in the United States of America.

Intellectual Property Rights

You acknowledge and agree that all copyrights, trademarks and all other intellectual property rights in and related to this site and our services is exclusively the property of Xanpool and our licensors. We grant you a revocable, non-exclusive, non-sublicensable, non-transferable and limited license, subject to the terms of this Agreement, to access and use our site and service, as well as related content, materials and information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Content is expressly prohibited and you agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. Disclaimer of Warranties and Limitation of Liability This site and the services are provided on an “as is” and “as available” basis for your information and use without any representation or endorsement. To the maximum extent permitted by applicable law, we make no warranties of any kind, whether express or implied, in relation to the site or the services, including but not limited to, implied warranties of satisfactory quality, functionality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade. Xanpool Oy or Xanpool.com is not associated with or does not itself support or claim to be in partnership with any of the payment methods, services or companies which may appear visible in the Online Payment method lists or advertisement details. Also, services provided by Xanpool Oy or Xanpool.com are not authorized, approved, endorsed or sponsored by any of the payment methods listed on the website or their respective trademark owners. Payment method listings are visible on Xanpool.com for informative purposes only. Xanpool is not responsible for any user-generated content on its site including but not limited to messages, feedbacks or advertisements but may remove or modify said content without notice or liability at any time in its sole discretion.This site may contain links to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Xanpool.com, and you acknowledge that (whether or not such sites are affiliated in any way with Xanpool.com) Xanpool.com is not responsible for the accuracy, legality, decency, or any other aspect of the content of such sites Xanpool.com reserves the right to modify or discontinue, temporarily or permanently, all or any part of this site and/or any software, facilities and services on this site, with or without notice, and/or to establish general guidelines and limitations on their use. If and to the maximum extent permitted by applicable law, we will not be liable for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation; any special or indirect or consequential losses, howsoever arising in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. Without limitation, you (and not us) assume the entire cost of all necessary servicing, repair or correction or correction in the event of any such loss or damage arising. Nothing in these Terms of Service shall exclude or limit our liability based on willful conduct or gross negligence. If and to the extent applicable law does not allow the above limitations of warranty and liability, such limitations shall not apply to you. Notwithstanding any other provision in these Terms of Service, nothing shall limit your rights as a consumer under mandatory provisions of applicable consumer protection legislation.

Indemnity

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of or related to any breach of this Agreement by you or any other liabilities incurred by us arising out of your use of the services, or use by any other person accessing the services using your user account, device or internet access account; or your violation of any law or rights of any third party.

General

We may transfer or assign our rights and duties under this Agreement to any party at any time without notice to you, but this will not affect your rights or our obligations under this Agreement. You may not, however, transfer or assign any of your rights and duties under this Agreement to any other party. This Agreement (as amended from time to time) contains the entire agreement and understanding between us in respect of all matters which are referred to herein and supersedes any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of this Agreement. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of this Agreement. However, nothing in this Agreement purports to exclude liability for any fraudulent statement or act.

If any part of provision this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the Agreement.

Our failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise permitted under law.

All rights reserved by XanPool.
Terms of Service | XanPool