Terms and Conditions
BY ACCESSING OR USING OUR SERVICES AND WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to your access to and use of all services (our “Services”) provided by Safcoin.co.za (“Company,” “we,” or “us”).
We understand that cryptocurrency investing can be confusing and risky. Therefore, before becoming a SAFCOIN investor, we encourage you to read and understand the legal terms and conditions. These terms and conditions apply to any individual that uses the website, www.safcoin.co.za. We also have the right to amend them from time to time. To keep up with the changes, visit www.safcoin.co.za regularly to stay updated with the terms and conditions.
- Invest Responsibly.
- SAFCOIN is not legal tender. Similar to other cryptocurrencies, it is not backed by any government.
- The articles and information throughout our website should in no way be seen as investment advice or an enticement to use the SAFCOIN platform. Crypto is highly volatile with big profit opportunities but you should also remember that you could lose part or all of your investment whenever you take part in any high risk investment. SAFCOIN trading is not a regulated industry in Botswana, Ghana, Ivory Coast, Kenya, Malawi, Mauritius, Mozambique, Namibia, Nigeria, Seychelles, South Africa, Tanzania, Uganda or Zambia, which in itself carries additional risks. IF YOU ARE NOT AN ASTUTE CRYPTO TRADER, SEEK INDEPENDENT FINANCIAL ADVICE BEFORE MAKING ANY LARGE INVESTMENTS.
- To open a SAFCOIN account, you must be 18 years of age or over and open an account in your own name. Furthermore, you need to accept these terms and conditions to enter any transaction. Performing transactions on behalf of a third party is strictly prohibited.
- We implement strict KYC (Know your customer) and AML (Anti Money Laundering) procedures and will verify the authenticity of the information furnished by new customers. SAFCOIN will adhere to all laws and regulations, and transactions suspected to be associated with money laundering activities will be refused and/or reported to the applicable authorities. Although SAFCOIN protect the privacy of our customers, if any fraudulent actions as aforementioned are suspected SAFCOIN will fully cooperate with law enforcement agencies subject to legal constraints related to customer confidentiality and take appropriate measures against suspected money laundering or illegal activities.
- SAFCOIN endeavors to conduct business of highest ethical standards and will ensure that we comply with laws and regulations set out by the authorities in the various countries we will be operating in.
- As a SAFCOIN investor, you should expect price fluctuations from time to time due to the volatile cryptocurrency market. We cannot guarantee that you would not lose money.
- We will not be responsible for any losses or damages that you face due to the actions of a third-party, such as software providers. Furthermore, we are not responsible for determining the taxes that apply to your SAFCOIN transactions. It is your responsibility to declare any earnings or losses in your respective country for tax purposes.
- Protecting user privacy is extremely important to us. In order to provide you with better service, we may ask for your personal information, including your name, address, email address, contact number and so on. However, keep in mind, we will never misuse and share your personal information with any external party and take utmost security measures to ensure the safety of your details.
- We have implemented several robust practices to ensure user safety. SAFCOIN continuously monitors the security of our platforms by means of third party security audit and ethical ( white hat) hacking services .
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; and (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party. If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
You must create an account with Company to access the Services (“Account”). When you create an Account, you agree to: (a) create a strong password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your Account information; (d) maintain the security of your Account by protecting your Account password and restricting access to your computer and your Account; (e) promptly notify us if you discover or otherwise suspect any security breaches related to your Account; and (f) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law. When you create an Account, we assign you an account identifier that you must retain to access your Account.
DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
ASSUMPTION OF RISK
You acknowledge and agree that there are risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your Account. You acknowledge and agree that Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused. Company takes no responsibility for and will not be liable for any losses, damages or claims arising from the use of our Services, including, but not limited to, any losses, damages or claims arising from (a) passwords being "Bruteforced", (b) server failure or data loss, (c) forgotten passwords, (d) corrupted wallet files, (e) incorrectly constructed transactions or mistyped Bitcoin / SAFCOIN addresses; or (f) unauthorized access to mobile applications, (g)"phishing," viruses, third-party attacks or any other unauthorized third-party activities.
THIRD-PARTY SERVICES AND CONTENTIn using our Services, you may view content or utilize services provided by third parties, including links to web pages and services of such parties (“Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and will have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Use our Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money-laundering, or terrorist activities.
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
- Use or attempt to use another user’s account without authorization;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
- Introduce to the Services any virus, trojan worms, logic bombs or other harmful material;
- Develop any third-party applications that interact with our Services without our prior written consent;
- Provide false, inaccurate, or misleading information; and
- Encourage or induce any third party to engage in any of the activities prohibited under this Section.
COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Company or Company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Company Materials”) are the proprietary property of Company or our licensors or suppliers and are protected by copyright laws and other intellectual property rights laws. We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Company Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the Company Materials; (b) the distribution, public performance or public display of any Company Materials; (c) modifying or otherwise making any derivative uses of the Company Materials, or any portion thereof; or (d) any use of the Company Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
“SAFCOIN” the Company logo, and any other Company product or service names, logos or slogans that may appear on our Services are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You will not use any trademark, product or service name of Company without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product or service name of Company. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
In the event of any Force Majeure Event, breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
DISCLAIMER OF WARRANTIES
(a) TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. (b) YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY’S RECORDS, PROGRAMS OR SERVICES.
You agree to defend, indemnify and hold harmless Company (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity.
25.1. Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Company for the Services or for any other Company product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
25.2. Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. Amended Terms will become effective immediately on the date they are posted to the Services unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the Services after such changes become effective. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Services.
25.3. Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
25.4. Severability. The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.
25.5. Force Majeure Events. Company will not be liable for any loss or damage arising from any event beyond Company’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction (each, a “Force Majeure Event”).
25.6. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Company, including by operation of law or in connection with any change of control. Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
MINING REWARDSMining pool Rewards are guaranteed according to the pool package purchased. Safcoin rewards are paid directly into members wallet monthly. Safcoin crypto can be sold on the P2P exchange. Buyers on exchange are not guaranteed but dependent on trading volume. Your payment obligations are non-cancellable and non-refundable. Mining rewards will half for 1st time on 13 December 2019 and halving will follow every year on 13 December.
ANTI-MONEY LAUNDERING/COUNTER-TERRORIST FINANCING AND KNOW YOUR CUSTOMER POLICY
The purposes of the SAFCOIN’s Anti-Money Laundering and Counter-Terrorist Financing Policy and Know Your Customer Policy (hereinafter - the “AML/CFT and KYC Policy”) is to identify, prevent and mitigate possible risks of SAFCOIN being involved in illegal activity.
In conformity with international and local regulations, SAFCOIN has implemented effective internal procedures to prevent money laundering, terrorist financing, drug and human trafficking, proliferation of weapons of mass destruction, corruption and bribery and to react correspondingly in case of any form of suspicious activity from its Users.
Money Laundering can be defined as: 'the conversion or transfer of property, knowing that such property is derived from criminal activity, or from an act of participation in such activity, for the purposes of concealing or disguising the illicit origin of the property, or assisting any person who is involved in the commission of such activity to evade the legal consequences of his action.'
Terrorist Financing can be defined as: 'the willful provision or collection, by any means, directly or indirectly, of funds with the intention that the funds should be used, or in the knowledge that they are to be used, in order to carry out terrorist acts.'
All firms must adhere to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs), and be aware of the guidance set down by the Joint Money Laundering Steering Group (JMLSG) which provides guidelines within the United Kingdom on how firms should conduct Due Diligence on their customers, and the recommendations from the Financial Action Task Force (FATF), an inter-governmental body whose purpose is the development and promotion of national and international policies to combat money laundering and terrorist financing.
Other legislation in relation to AML/CTF are:
The Proceeds of Crime Act (POCA), which covers all crimes and any dealing in criminal property, and creates investigative powers for law enforcement agencies and criminal offences in relation to money laundering, for the criminal, the firm and individual employees.
The Terrorism Act, which details a series of offences related to the involvement in arrangements for facilitating, raising or using funds for terrorism purposes.
AML/CFT and KYC Policy includes: (a) Verification procedure; (b) Compliance Officer; (c) Transactions Monitoring; (d) Risk Assessment.
- Customer due diligence (“CDD”) has become one of the international standards for preventing illegal activity. Thus, SAFCOIN has implemented its own verification procedures within the strict standards of anti-money laundering and counter-terrorist financing procedures.
- The SAFCOIN’s identification procedure requires the User to provide SAFCOIN with reliable, independent source documents, data or information (for example, a national ID card, an international passport, a bank statement, a utility bill). For such purposes, SAFCOIN reserves the right to collect the User's identification information for the purposes of AML/CFT and KYC compliance.
- SAFCOIN will take steps to confirm the authenticity of documents and information provided by Users. All legal methods for double verification of identification information will be used, and SAFCOIN reserves the right to investigate the cases of certain Users whose identities have been identified as dangerous or suspicious.
- SAFCOIN reserves the right to verify the identity of the User on an ongoing basis, especially when its identification information has been changed or its activities appear suspicious (unusual for a particular User). In addition, SAFCOIN reserves the right to request from the Users current documents, even if they have been authenticated in the past.
- After confirming the identity of the user, SAFCOIN may refuse to provide services to the User if SAFCOIN’s services are used for the purposes of conducting illegal activities.
- Users who intend to use payment cards for the purpose of consuming services must undergo a card check in accordance with the instructions available on the SAFCOIN’s website.
- The Compliance Officer is the person, duly authorized by SAFCOIN, whose duty is to ensure the effective implementation and enforcement of the AML/CFT and KYC Policy. It is the Compliance Officer’s responsibility to supervise all aspects of SAFCOIN’s anti-money laundering and counter-terrorist financing procedures, in particular:
- collecting Users’ identification information;
- establishing and updating internal policies and procedures for the completion, review, submission and retention of all reports and records required under the applicable laws and regulations;
- monitoring transactions and investigating any significant deviations from normal activity;
- implementing a records management system for appropriate storage and retrieval of documents, files, forms and logs, updating risk assessment regularly, providing law enforcement with information as required under the applicable laws and regulations.
- The Compliance Officer is entitled to interact with law enforcement, which are involved in prevention of money laundering, terrorist financing and other illegal activities.
- The Users are known not only by verifying their identity (who they are) but, more importantly, by analyzing their transactional patterns (what they do).
- Therefore, SAFCOIN relies on data analysis as a risk-assessment and suspicious activity detection tool. SAFCOIN performs a variety of compliance-related tasks, including capturing data, filtering, record-keeping, investigation management, and reporting.
- Daily check of Users on the presence in the recognized “black lists” (e.g. OFAC), aggregating transfers by multiple data points, placing Users on watch and service denial lists, opening cases for investigation where needed, sending internal communications and filling out statutory reports, if applicable;
System functionalities include:
Case and document management
- In connection with the AML/CFT and KYC Policy, SAFCOIN will: monitor all transactions and it reserves the right to ensure that transactions of suspicious nature are reported to the proper law enforcement through the Compliance Officer;
- request the User to provide any additional information and documents in case of suspicious transactions;
- suspend or terminate User’s Account when SAFCOIN has a reasonable suspicion that such User is engaged in illegal activity.
- However, the above list is not exhaustive and the Compliance Officer will monitor Users’ transactions on a regular basis in order to define whether such transactions are to be reported and treated as suspicious or are to be treated as bona fide.
- SAFCOIN, in line with the international requirements, has adopted a risk-based approach to combating money laundering and terrorist financing. By adopting a risk-based approach, SAFCOIN is able to ensure that measures to prevent or mitigate money laundering and terrorist financing are commensurate to the identified risks.