Last Edited on 2017-03-10
Eligibility and Agreement
These Terms apply, should you choose to use our services. If you decline to enter into agreement with Nebeus you are not liable to comply with these Terms, consequently you are not eligible to use our services.
Changes to These Terms
These terms and Conditions are subject to change periodically. You will be notified of any changes made by posting the updated Terms on our website. Any amendment of Terms and Condition become effective and applicable 14 days after the amendment is posted. Changes addressing new functions of Nebeus Services or changes made for legal reasons are effective immediately. Your use of the Services following the effective date of such changes constitutes your acceptance of such changes. You must discontinue using our services if you do not agree to any amended Terms.
The Nebeus Services
- Buy Cryptocurrency You can buy Cryptocurrency by sending a wire transfer to us in US dollars, Euros, Great Britain pounds, transferring money via your PayPal account or paying by your debit/credit card. These funds are converted into Cryptocurrency and deposited into your Wallet within one business day. You will get email notification to access funds sent into your account from us after successful verification of your identity is complete. Deposits will be converted to Cryptocurrency using market rates applicable at the time of conversion. NEBEUS CANNOT AND DOES NOT GUARANTEE ANY PARTICULAR CONVERSION RATE OR VALUE OF Cryptocurrency. You acknowledge that the market conversion rate of Cryptocurrency may change significantly between the time of your wire transfer of funds and the time of conversion. Nebeus will have no liability resulting from any change in rates, nor will any such change in rates affect the transaction in progress. You are solely responsible for ensuring the accuracy of the information included when you initiate your transfer.
- Nebeus Debit Card The Nebeus Debit card (Nebeus-Card) allows users to transact with merchants who accept debit cards issued by the card network shown on the card. If you order and activate an Nebeus-Card, the card is linked directly to your Nebeus account. To transact business using the card, you have to sell some of your Cryptocurrency from your Nebeus account and upload funds onto your Nebeus-Card. These terms, as well as the terms of the card programme manager, presented at the time you order your card, apply to the Nebeus-Card.
- Buy Cryptocurrency Fees If you buy and deposit Cryptocurrency in your Nebeus Wallet by wiring funds that are converted into Cryptocurrency, the deposit is converted using market rates applicable at the time of the conversion. Nebeus charges a fee of 3.9% for puchase Cryptocurrency, and of 0% for sale Cryptocurrency.
- Nebeus Debit Card Fees You will be charged a one-time fee of USD $15.00, paid when your debit card order application is successful. Other fees will depend on your usage of the card, inclusive of third party fees for lost card replacement, ATM withdrawals, and foreign exchange. Monthly service fees also apply. Description of the fees currently charged in connection with the E-Card is available at help center. Please note that we are not responsible for certain third party fees associated with the E-Card. Such fees are subject to change from time to time. Nebeus will notify you of any such changes but shall not be held responsible for third party fees.
Nebeus cannot and does not guarantee the value of Cryptocurrency. You acknowledge and agree that the value of Cryptocurrency is highly volatile and that buying, selling, and holding Cryptocurrency involves a high risk. In addition, Cryptocurrency consensus network is solely responsible for verifying and confirming proposed transactions that you submit via the Services, and Nebeus cannot confirm, cancel, or reverse Cryptocurrency-to-Cryptocurrency transactions. However, Nebeus is responsible for confirmation of Cryptocurrency network's completion of a transaction. Cryptocurrency network is operated by a decentralized network of independent third parties. Once a transaction request is submitted to Cryptocurrency network via the Services, Cryptocurrency network will automatically complete or reject the request and you will not be able to cancel or modify transaction request in progress. You acknowledge and agree Nebeus is not responsible for any errors or omissions that you make in connection with any Cryptocurrency transaction initiated via the Services. The Services help you submit your Cryptocurrency transaction request for confirmation to the Cryptocurrency network. Nebeus has no control over the Cryptocurrency network and cannot ensure any transaction request you submit via the Services will be completed. You acknowledge and agree that the transaction requests you submit via the Services may not be completed, or may be substantially delayed, by the Cryptocurrency network. When you complete a transaction request via the Services, you authorize us to submit your transaction request to the Cryptocurrency network in accordance with the instructions you provide via the Services.
Due to the nature of the product the website sells, all purchases made on the website are nonrefundable.
Wallet Address and Private Key
When you create an account, the Services generate and store a cryptographic private and public key pair that you may use to send and receive Cryptocurrency via the Cryptocurrency network. The public key generated by the Services serves as your Cryptocurrency wallet address. This Cryptocurrency wallet address may be shared with others in Cryptocurrency network to complete Cryptocurrency transactions. The private key uniquely matches the wallet address and must be used in connection with the wallet address to authorize the transfer of Cryptocurrency from or to that wallet address.
Custody of Cryptocurrency
Nebeus is a custodian of any Cryptocurrency transferred to Nebeus accounts. Nebeus does not obtain any legal or beneficial right, title or interest in your Cryptocurrency stored in your account. You may be restricted in your ability to utilize the Nebeus Services unless and until we have verified your identity with Nebeus.
Ownership of Intellectual Property Rights
Nebeus retains all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in our Services and all content on our Services, including our trademarks, service marks, designs, logos, URLs, and trade names that are displayed on our Service. We refer to in these Terms, collectively, as the Nebeus Materials. We hereby grant you a limited, nonexclusive, and non-sub licensable license to access and use the Nebeus Materials for your personal or internal business use. Such license is subject to these Terms and does not permit any resale of the Nebeus Materials, distribution, public performance or public display, modification or making any derivative use of Nebeus Materials, or any portion thereof use of the Nebeus Materials other than for the intended purposes. The license granted under this Section will automatically end if we suspend or terminate your access to the Services. We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Nebeus or any other services provided by Nebeus, whether by email, posting through our Services or otherwise, referred to in these Terms as Feedback. Any Feedback you submit is non-confidential and will become the sole property of Nebeus. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You may not use, copy or retransmit anything on our website without our permission. We reserve all rights not expressly granted herein.
Authorized Uses of Our Services
You are permitted to use our Services, only as we have authorized. You are responsible for ensuring personal information in your account profile is current and correct, including your email address and mobile phone number. You are also responsible for maintaining adequate security, control and confidentiality of your account information, including any personal identification numbers (PINs), passwords, API keys or other codes associated with your account and any activity occurring within that account. The loss or compromise of this information may result in unauthorized access of your account, which may result in loss or theft of any Cryptocurrency held in your account. If you believe your account has been compromised, report the matter to security immediately the incident of any such operational problems occurs. Please contact us immediately at [email protected] describing the issue at hand as thoroughly as possible including the date, type of problem and part of the Nebeus site or Nebeus Services in question of the problem. You are responsible to (i) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (ii) ensuring that you exit from your account at the end of each session when accessing the Nebeus Services. We have no responsibility for any loss you incur as a result of failing to comply with the instructions outlined in this section or your failure to follow or act on any notices or alerts that we may send to you.
You must provide a valid mobile phone number to be able to use Nebeus Services. This number is used as part of the authentication process. You agree to receive SMS/text messages from us as part of using the Nebeus Services. Please note that while we do not charge you for SMS/text messages, your mobile standard messaging rates apply. Failure to provide a valid mobile phone number may result in restriction of your use of the Nebeus Services. If Nebeus suspects that your mobile number is invalid or that you are using a VOIP service to circumvent the requirement in providing a valid mobile phone number, Nebeus may suspend or otherwise restrict your use of the Nebeus Services.
Accurate Information; Registration Requirements
Nebeus reserves the right in its sole discretion not to open accounts, temporarily or permanently suspend accounts, including where required or recommended by applicable governmental, regulatory or law enforcement requirements. Nebeus Services are solely used by registered account holders. You agree that the information you provide to Nebeus during the account creation and any subsequent identification verification processes is accurate and complete, and will be updated from time to time as need be. You are not authorized to use the Nebeus Services, if you are under 18 years of age.
You agree that you will not use Nebeus Services to perform any type of illegal activity or take in any action that negatively affects the performances of the Nebeus Services. You may not engage in any of the following activities via the Services, nor help a third party in any such activity: (1) attempt to gain unauthorized access to our Services or another user's account, (2) make any attempt to bypass or circumvent any security features, (3) violate any law, statute, ordinance, or regulation, (4) reproduce, duplicate, copy, sell or resell our Services for any purpose except as authorized in these Terms, (5) engage in any activity that is abusive or interferes with or disrupts our Services. If you are blocked by Nebeus from accessing the Nebeus Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Use of our Services in connection with any transaction involving illegal products or services is prohibited. Nebeus reserves the right to temporarily or permanently suspend your account or otherwise restrict your use of Nebeus Services if any violation of this section occurs.
Nebeus does not act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by Nebeus is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you.
You agree to indemnify, defend and hold our employees, agents, consultants, subsidiaries, partners, affiliates, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of our Services, violation of these Terms or rights of any other person or entity.
Limitation of Liability
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Arbitration and Governing Law
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and Nebeus agree to arbitrate any dispute arising from these Terms or your use of our Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Nebeus agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Nebeus shall be sent to [email protected] You and Nebeus further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in London, United Kingdom; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of England and Wales. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of England and Wales, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND NEBEUS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of our Services within two years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
Under applicable law, after a specified period of inactivity by you with respect to your Nebeus account, Nebeus may be required to report and/or remit any Cryptocurrency it is holding in custody for you in accordance with unclaimed property laws.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
Our business model, and our Service, consists of facilitating the buying, selling and trading of Cryptocurrency and their use to purchase goods in an unregulated, international open payment system.
Assignment; Entire Agreement
Nebeus may assign these Terms to its parent company, affiliate or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets. These Terms, constitute the entire exclusive agreement between us and you regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter. Contact Us: [email protected]
limited anti money laundering (“AML”) and counter terrorist financing (“CTF”) policy
Money laundering is defined as the process where the identity of the proceeds of crime are so disguised that it gives the appearance of legitimate income. Criminals specifically target financial services firms through which they attempt to launder criminal proceeds without the firm’s knowledge or suspicions. We are currently unregulated and do not fall with the scope of the AML obligations, the senior management have implemented systems and procedures that meet the AML legislation. This decision reflects the senior managements desire to prevent money laundering and not be used by criminals to launder proceeds if crime.
It is your responsibility to determine, 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, regardless of jurisdiction. Nebeus is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction, to you or any taxation, governing or third authority. Trading Cryptocurrency, virtual currencies and virtual commodities carries a high level of risk, and may not be suitable for everyone. Before deciding to buy or sell these instruments you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all risks associated with virtual commodities, and seek advice from an independent financial adviser should you have any doubts. Furthermore, there may be risks that are not disclosed in our Terms. You should use extreme consideration and be conscious of assessing your financial situation and tolerance for risk before engaging in activities involving the trading of virtual commodities. Any opinions, news, research, analyses, prices, or other information contained on this website is provided as general market commentary, and does not constitute investment advice. Nebeus will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. There are risks associated with utilizing Internet-based deal execution trading system including, but not limited to, the failure of hardware, software, and Internet connection. Nebeus does not control the reliability or availability of the Internet. Nebeus cannot be responsible for communication failures, distortions or delays when trading via the Internet. The content on this website is subject to change at any time without notice. Nebeus has taken reasonable measures to ensure the accuracy of the information on the website. However, Nebeus does not guarantee its accuracy, and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access the website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through website.