By using the Site and or our Services, you agree to be bound by all terms and conditions contained in the TOU.
If you do not agree with the terms and conditions of the TOU at any time, please do not access or discontinue your use of the Site and our services.
We reserve the right to update or revise the TOU at our discretion and without notice. You are responsible for checking the TOU periodically for changes. If you continue to use the Site following the posting of any changes to the TOU, you agree to be bound by these changes.
The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. We are not responsible nor do we make any warranty or endorsement regarding any third party products or services listed on this website.
Minors under the age of eighteen are not eligible to access the Site. You are fully responsible for your child’s online conduct and the consequences of any misuse of the Site by your child.
If you are entering into the TOU on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you” or “your” shall refer to such corporate entity. You further agree to be bound by the terms of this TOU for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
The downloading of content is done at your own risk. We cannot and do not guarantee or warrant that the Site or the content are compatible with your computer systems or that the Site or the content will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Site.
- User Account
You will receive an account designation, along with its associated User ID and Password, upon registration. You are responsible for maintaining the confidentiality of your User ID and Password, and you are fully responsible for all activities that occur under your account.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You agree to indemnify and hold us, and our parent corporation, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, your use of the Site, your violation of the TOU, or your violation of any rights of another.
- Proprietary Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in or information presented to you through the Site which are either ours or licensed to us by third parties is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
- Third party sites and software
Coin Nerds offers links to other third party websites that may be of interest to our website visitors. The links provided in our website are provided solely for your convenience and may assist you in locating other useful information on the Internet. When you click on these links you will leave Coin Nerds website and will be redirected to another site. These sites are not under the control of Coin Nerds.
Coin Nerds is not responsible for the content of linked third party websites. We are not an agent for these third parties nor do we endorse or guarantee their products. We make no representation or warranty regarding the accuracy of the information contained in the linked sites. We suggest that you always verify the information obtained from linked websites before acting upon this information.
Also, please be aware that the security and privacy policies on these sites may be different than Coin Nerds policies, so please read third party privacy and security policies closely.
Some third party websites that may be of interest include websites that provide you with wallets, programs, platforms, applications, exchanges or other services (collectively, the “Wallets” ) that allow you to store digital currency which are not under the control of Coin Nerds and are unrelated to Coin Nerds. You acknowledge and agree that your download and use of the Wallet is at your own risk and that Coin Nerds has made no implied or express representations, representations or guarantees and conditions of merchantability of any kind in connection with the Wallets. Any and all damage, destruction or loss of the Wallets or the contents of the Wallet are at your sole risk.
- Trademark Information
Coin Nerds and other brand names and logos which are derived of Coin Nerds are trademarks of Coin Nerds. All other company names, brand names and logos used on the Site are the trademarks of their respective owners. You agree not to display or use in any manner any of the trade-marks without express written permission from us or the trademark owner.
- Copyright Information
The content on the Site is protected by various copyright laws. You agree not to reproduce, republish or redistribute any content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner.
- Disclaimer of Warranties
You expressly understand and agree that:
- Your use of the site is at your sole risk. The site is provided on an “as is” and “as available” basis. We expressly disclaim all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to, implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.
- We make no warranties, representations or conditions that: (I) the site will meet your requirements or expectations (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the content, information, products or services obtained by you through the site will be accurate, reliable, up-to-date, complete, untampered or free of viruses or other harmful components, and (iv) any defects or errors will be corrected.
- Any material or data downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material or data.
- No advice or information, whether oral or written, obtained by you from the site or through or from the site shall create any warranty not expressly stated in the tou.
- Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the site; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the site; or (v) any other matter relating to the site.
- Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 10 and 11 may not apply to you.
- International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
- Consent to Information Sharing
We have engaged a third-party supplier to provide your identity verification for us. To verify your identity your personal information will be matched with the information contained in your Credit File Report and other third-party sources through what is known as a soft inquiry. Unlike hard inquiries, soft inquiries do not affect your credit score. You also consent to your personal information being compared to records maintained by third parties, including telecom and other service providers, and you consent to having those third-parties provide personal information to us and our third-party suppliers for the purpose of identity verification.
By using the Site and submitting your identification information on the Site, you confirm your consent to us collecting, using, disclosing, and storing your personal information for the purpose of your identity verification.
- Right of Termination
We may reject your order, reverse transactions or terminate your account at any time with immediate effect for any reason, including but not limited to breach of the TOU. Upon termination of this Agreement, unless prohibited by applicable law, you may:
- transfer Cryptocurrency for sixty days (60) thereafter; and / or
- Transfer fiat currency at any point in the seven-year period thereafter, commencing on the date of the termination.
- General Information
The TOU constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
The Site is not to be construed as any form of recommendation, promotion, endorsement, or an offer to sell any product or service, by or to enter any transaction with us.
This TOC shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario and the applicable laws of Canada. You agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada. Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use shall be resolved by binding arbitration held in Toronto, Ontario and before a single arbitrator, who is independent of the parties, legally trained and experienced in the field of information technology, in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17.
- Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Coin Nerds Account and your use of Coin Nerds Services. Communications include:
- Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
- Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
- Responses to claims or customer support inquiries filed in connection with your Account.
We will provide these Communications to you by posting them on the Coin Nerds website, emailing them to you at the primary email address listed in your profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
- Systems Disclaimer
Account access, and system response may be adversely affected. Interruptions, errors or other insufficiencies in service may befall through factors which are external to the control of Coin Nerds, including: (i) Internet service interruptions, (ii) a system downtime in services of a third-party vendor, (iii) market volatility.
- Conflict of Interest
Actual, potential, and perceived conflicts of interest exist in almost all human interactions. Our relationship with you is no different. We understand our responsibility to identify material conflicts of interest which would be expected to arise between Coin Nerds (including each individual, acting on their behalf) and our clients.
We are susceptible to conflicts of interest since we may regularly represent both sides to a transaction, namely, the buyer and the seller.
The general types of conflicts of interest which can arise are:
- Conflicts of interest between you and us,
- Conflicts of interest between you and our other clients, and
- Conflicts of interest between us and our related and associated companies.
As a cryptocurrency broker, we are a cryptocurrency intermediary – we are the party on the other side of the transaction (referred to as a “principal” trade) where we own the cryptocurrency we sell to you or buy from you.
Management of Conflicts of Interest
In general, we deal with and manage relevant conflicts as follows:
Avoidance: This includes avoiding conflicts that are prohibited by law as well as conflicts that cannot effectively be addressed.
Control: We manage acceptable conflicts through means such as physically separating different business functions and restricting the internal exchange of information.
Disclosure: By providing you with information about conflicts, you are able to assess independently their significance when evaluating our recommendations and any actions we take.
Our goal is to address conflicts in a fair, equitable and transparent manner, consistent with the best interest of our users. We will try to avoid conflict where possible, and in all other cases either disclose the conflict, or manage it through internal controls and review processes. Conflicts deemed too significant to be addressed through controls or disclosures must be avoided. Disclosures will be made in a timely, meaningful and prominent manner.
Possible conflicts and how they are managed
The following information is intended to assist you in understanding and assessing material potential and actual conflicts of interest, including how we address them.
Conflict of Interest – We earn compensation by selling products and services to you for which you pay us.
Address by – Disclosure, Control
How we address the conflict – We endeavor to be fully transparent on fees we charge. The latest information about our fees can be found on our website www.coinnerds.ca. We have a duty to act fairly and honestly in all dealings with you and the marketplace in general, and to correct any errors that we may make.
Conflict of Interest – Different products and services have differing levels of compensation.
Address by – Disclosure, Control
How we address the conflict – Our fees are disclosed to you and we offer pricing alternatives intended to reduce the conflicts associated with fee-based pricing. The latest information about our fees can be found on our website www.coinnerds.ca.
Conflict of Interest – We would like you to use more of our services and buy more of our products as shown in our marketing.
Address by – Avoidance, Control
How we address the conflict – We cannot and do not provide recommendations or advice solely for the purpose of generating revenue for us without any benefit to you. We have implemented policies and procedures to require the review and approval of marketing materials to ensure, among other things, that our marketing is accurate and not misleading.
Conflict of Interest – We would like you to use more of our services and buy more of our products and so we partner with individuals, organizations, companies and other third parties.
Address by – Control, Disclosure
How we address the conflict – We have policies and procedures to ensure referral arrangements including the terms of such arrangements are disclosed and operated in accordance with regulatory standards.
Conflict of Interest – We may receive compensation from cryptocurrency issuers and other third parties based on their products we sell to you, such as ‘listing fees’.
Address by – Disclosure
How we address the conflict – We disclose to you the situations and type of third party compensation we may receive. This information is available on our website at www.coinnerds.ca. Securities regulations require issuers to provide specific disclosure in the offering document (e.g. prospectus) of such arrangements- and the compensation we will receive.
Conflict of Interest – We are compensated in other ways as a result of the business you may do with us, including interest spreads on un-invested cash deposits with us and foreign exchange spreads when you convert currencies or trade cryptocurrencies.
Address by – Disclosure
How we address the conflict – At all times possible, we endeavor to disclose to you various forms of other compensation we may receive. This information is available on our website at www.coinnerds.ca.
Conflict of Interest – We may sell you cryptocurrencies that we own (called principal trades)and may profit by doing so.
Address by – Disclosure
How we address the conflict – In most cases we act as the principle for each transaction you make with us. In cases where we acted as the agent, we will tell you on the trade confirmation screen.
Conflict of Interest – In the case of cryptocurrency forks we may be entitled to receive the airdrops of the fork for the cryptocurrency we hold on behalf of our users.
Address by – Disclosure
How we address the conflict – We will disclose whether the cryptocurrency airdropped as a result of the fork will be made available to our users on a case by case basis.
Conflict of Interest – We may permit certain individuals who are registered with us to be employed by, participate in, or accept compensation from other persons or firms, outside the scope of his/her relationship with us.
Address by – Disclosure, Avoidance
How we address the conflict – We have adopted internal policies and procedures that involve review and approval of such outside business activities to ensure outside business activities are not in conflict with registrant obligations.
We have adopted internal policies and procedures that supplement the regulatory requirements, including policies on privacy and confidentiality of information.
Conflict of Interest – Individuals may serve on a board of directors or take on other activities that could take time or attention away from your account.
Address by – Avoidance, Control
How we address the conflict – Securities legislation prohibits an individual from serving as a director of another registered firm that is not an affiliate of our firm. Our employees are prohibited from engaging in activities that would interfere or create conflict with their duties. We have policies and procedures in place to detect and, where applicable, supervise, disclose or prohibit any conflict of interest. When an individual registrant sits on a board of directors of a charity or undertakes other community activities in any substantive way, they are subject to regulatory guidance on the disclosure and approval of the outside business activities.
Conflict of Interest – As a result of business relationships with issuers of cryptocurrencies, we may know confidential information that we cannot disclose to you when we recommend the securities to you, even if that information might lead us not to offer buying the securities.
Address by – Control
How we address the conflict – Our internal information barriers are designed to ensure regulatory requirements are complied with.
We are obligated to maintain confidential any such non-public information obtained from issuers.
The information and examples contained herein have been compiled to the best of our ability and are not meant to be exhaustive of all possible conflicts of interest but rather a compilation of those conflicts that have been identified to date. We undertake to continue taking the necessary steps to identify and respond to such situations in a fair, equitable and transparent manner and consistent with the best interests of our clients.
The market prices of cryptocurrencies can be volatile. On any given day the market price of an investment can advance or decline, sometimes materially. The time duration of such advances and declines can last for an extended period of time.
You may not be able to sell your cryptocurrency if there are not enough buyers in the market when you want to sell. This can happen even if the cryptocurrency you own is still viable.
Foreign Currency Risk
Cryptocurrency you buy may be traded in a foreign currency, in this case you may be paid in that currency when you sell. If the foreign currency has declined in value relative to the Canadian dollar you may suffer a loss when you exchange the currency into Canadian dollars. If Coin Nerds cannot hold an account in the foreign currency you will be forced to convert your investment to Canadian dollar at the time you buy and sell these cryptocurrencies.
- Airdrops, Forks
An airdrop is a distribution of a cryptocurrency token or coin to numerous wallet addresses. Airdrops are primarily implemented as a way of gaining attention and new followers, resulting in a larger user-base and a wider disbursement of coins. We may receive airdrops of cryptocurrency tokens or coins into wallet addresses controlled by us that may hold cryptocurrency assets belonging to you. By using Coin Nerds you forfeit any profit, loss or voting right claims to cryptocurrency tokens or coins airdropped into our cryptocurrency wallets.
A fork is a rule change such that the software validating according to the old rules will see the blocks produced according to the new rules as invalid. In case of a fork, all nodes meant to work in accordance with the new rules need to upgrade their software and will no longer be compatible with old rules. This may impact the value, functionality, and other characteristics, such as the name of the cryptocurrency. We are not responsible for any consequences arising from a fork, including any perceived, or actual, losses or missed gains. It is in our sole discretion to decide whether or not to support the cryptocurrencies subject to a fork or whether or not to distribute the forked cryptocurrency to our users, with our without prior notification. By using Coin Nerds you forfeit any profit, loss or voting right claims to any cryptocurrencies forked on the platform.