All Weather Terms of Service

Effective Date: May 1, 2019


Please take time to read this document. It is important and explains how All Weather ("All Weather", "we", " our" or " us") provides our services to you.


General Terms of Service

This User Agreement (“Agreement”) is written in simple terms without complex legal constructions. If you do not understand any part of this document, please ask us before using any of our services.

The User Agreement applies to all our services made available to you on the website (allweather.io) and the All Weather app (the " Website" or the " App"). By accessing the Website or the App, by registering with us, or by using our services, you indicate that you are at least eighteen (18) years old and have the legal capacity to acknowledge and agree to read, understand and accept the terms and conditions set out below (including the Privacy Policy). Please do not proceed further if you do not wish to be bound by these terms and conditions.

Feel free to print and keep a copy of this Agreement but we may amend the Agreement from time to time and you can find the most current version on the Website or the App. By continuous use of our services you will be bound by revised or further terms and conditions. You should therefore check these terms and conditions every time you use our services. If you do not agree to be bound by this agreement, you should cease accessing or using the Website or the App.

As used herein, virtual assets (“Virtual assets”) means Bitcoin, Ether, and other mathematically-based or cryptographic protocols that are network-based and are a medium of exchange that (i) may be centralized or decentralized (but not issued by a sovereign entity), (ii) allow for borderless transfer-of-ownership, and (iii) may be used to buy goods and services.


Users and Accounts

All users are required to sign up for an account prior to any actual trading activities. All users must go through the client on-boarding process by submitting know-your-customer (“KYC”) documents to verify their personal or corporate identity before completing any transaction involving fiat currencies. Our registration process will ask for information including your current, complete, and accurate proof of identity and proof of residence. We also reserve our right to access, directly or through third parties, various government or private databases to verify and validate your information. You may also be required to provide us document for verification purposes and we may also contact you to request additional information or documents to complete the registration.

You will be provided with a log-in upon successful registration. You agree to keep your user log-in details confidential, not to disclose your log-in details to any other person and not to permit any other person to log in using your log-in details.


Regulatory Compliance and Verification

In response to the scale and effect of money laundering authorities globally have passed legislation designed to prevent money laundering and to combat terrorism financing. Although All Weather is unregulated nor licensed and does not fall within the scope of any anti-money-laundering and counter-terrorist-financing (“AML/CTF”) ordinances, we have an AML policy that outlines systems and procedures in place that meet the global standards for AML/CTF.

Highlight of our AML Policy:

  • All users must go through our client onboarding KYC process before completing transactions on our platform. In certain cases, enhanced client due diligence will be conducted. All Weather reserves the right to refuse registration to any person or corporation that refuse to complete the KYC process, do not meet our AML standards or is deemed to be attempting to abuse our services.
  • All transactions are monitored and regularly reviewed by our compliance team and suspicious transactions will be reported to the relevant authorities.
  • Identity documents and transaction records will be maintained for at least six (6) years and will be submitted to regulators as required without prior notification to registered users.
Account Access

Once your User Account is created and approved, you will be provided online access to the Website or the App based on your User Account login credentials and may require additional layers of authentication. We suggest the use of multi-factor authentication to keep you and your accounts safe and secure. As a result, you should always use at least two (2) forms of authentication when accessing your User Account and performing certain account operations. Forms of multi-factor authentication in addition to your login credentials may include verification tokens delivered through our supported two-factor authentication (“2FA”) application.

If you choose to install and use a 2FA application on a device (e.g., phone or tablet) on which the operating system has been tampered with in any way, you do so at your own risk. This includes, but is not limited to, a “rooted” (Android) or “jailbroken” (iOS) device. We reserve the right in our sole discretion to prohibit access from or by any device on which the operating system has been or is suspected of having been modified or tampered with. We may provide your 2FA data to a third party service provider in order to help us authenticate you.

Your User Account login credentials and forms of multi-factor authentication, where applicable, have been chosen by you and allow you to access the Website or the App. You, therefore, agree to keep your User Account login credentials and forms of multi-factor authentication confidential and separate from each other, as well as separate from any other information or documents relating to the associated All Weather Account. You also agree to be solely responsible for maintaining the security of your User Account login credentials and forms of multi-factor authentication. Unfortunately, we cannot be responsible for any unauthorized use of your User Account or any other accounts associated with the same All Weather Account.


Communication

You understand and agree that official communication with you will be via electronic communication and that we consider the phone number you used to register your account to be your primary means for communication. We will use this phone number to keep you updated on account- and transactions-related notifications and confirmations. We may also use this phone number for other communications, including notices regarding this Agreement. Any notice delivered to the phone number on your record will be considered as an official notification.


Transactions

We mainly facilitate sell transactions where you sell Virtual assets and receive fiat currencies. After signing up for an account with the KYC process completed, the flow of the transaction is 1) you choose your location, Virtual assets and amount, fiat currency and payout method 2) you deposit Virtual assets to the address provided to you 3) you lock rate and confirm the transaction. All transaction records will be sent primarily via phone number.

You agree that once you have confirmed a transaction, you cannot cancel it. All Weather reserves the right to reject, delay or cancel transactions and/or to adjust the final confirmed rate during extreme conditions including but not limited to huge volatility in the market, failure in our system, congestion on the blockchain, etc. All Weather shall not be liable for any delays, difficulties or conditions adversely affecting transmission or execution of transactions.

When depositing Virtual assets into your All Weather account, please ensure to input the correct deposit address. All Weather will not be responsible for any losses of Virtual assets due to incorrect address input or any other negligence during the deposit process.


Fund Deposit

You agree, represent and warrant that any Virtual assets or other fund you deposit into your All Weather account belong to you and is not directly or indirectly linked to proceeds from any criminal or fraudulent activity.


Fees

Our transaction fees include but are not limited to spreads, mark-up, commissions, handling charges, transfer fees, etc. We reserve the right to change our fee schedule at any time.

Notwithstanding, we reserve the right to change our fees policy from time to time. We may introduce new services and modify some or all of the existing services offered to you. In such an event, we reserve the right to introduce fees for the new services offered and/or amend the fees for existing services.


Limitations on Use

By using the Website or the App, you agree not to upload, post, or otherwise send or transmit any material that:

  1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing;
  2. contains viruses, trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware associated with the All Weather platform;
  3. imposes an unreasonable or disproportionately large load on our computer infrastructures, systems or networks;
  4. infringes upon or violates any third party's rights or may constitute an harassment of another person; and
  5. may potentially subject All Weather to any criminal or civil liability.

You agree that you will not make any negative, denigrating or defamatory statement or comment against us, our brand name, our domain name, including "All Weather" and “All Weather Cash”, or otherwise engage in any conduct or action that might tarnish our image or reputation. We reserve our rights to suspend and/or terminate our services to you in those circumstances.

Our service is made available for personal and non-commercial use only, Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download, reverse engineer, disassemble, decompile, translate, or reproduce any content or information on the Website or the App, or create derivative works of any kind whatsoever for any commercial or competitive activity or purpose.


Limitation of Liability

In no event will All Weather, its shareholders, directors, officers, employees, agents, or consultants be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the Website or the App, including loss of profit or tort (including negligence), product liability, or otherwise.

All Weather will not be liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of the Website or the App.

Nothing in these terms and conditions shall exclude or limit All Weather's liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under the applicable law.

To the maximum extent permitted by law, and for the avoidance of doubt, All Weather hereby disclaims all implied warranties with regard to the Website or the App. The All Weather platform is provided "as is" and "as available" without warranty of any kind.


Indemnity

You shall indemnify and hold harmless All Weather, its shareholders, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, employees, and consultants from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions and our Privacy Policy, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.


Security

Whilst we have implemented commercially reasonable technical and organizational measures to secure your personal information and user content from unauthorized use, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that you provide your personal information at your own risk.


Data Privacy

All Weather processes information about you in accordance with its Privacy Policy. By using the Website or the App you consent to such processing and you confirm that all data you provide is accurate.

In order to facilitate your transaction and for us to perform internal analysis on our users' demographics, interests, and behavior to better understand, protect and serve our users, you understand and agree that we may track, compile certain information about you based upon your behavior on the All Weather platform. You also consent to the use of such data to enable us and our authorized third parties to communicate with you, and for statutory, accounting and archival purposes, in accordance with the terms of our Privacy Policy.

From time to time, we may promote the products or services of other third party companies to you via but not limited to email, mobile application's push notifications, or SMS messages. Such promotions are based on our personal opinions and as such should not be relied on as formal recommendations.

You also understand and agree that we reserve the right to maintain your account information after you close your account for business and regulatory compliance purposes.

Upon agreeing to this User Agreement, you confirm that you have read, understood and accepted our Privacy Policy.

Intellectual Property Rights

Unless stated otherwise, all trademarks, copyright, database rights, and other intellectual property rights of any nature in connection with the All Weather platform together with the underlying software code are owned directly by All Weather. All other trademarks not owned by All Weather that appear in connection with the All Weather platform are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by All Weather.

All Weather hereby grants you a worldwide, non-exclusive and royalty-free revocable license to use the All Weather platform (including the Website and the App) for your business and personal use in accordance with these terms and conditions. Any unauthorized use of the All Weather platform will result in the automatic termination of the limited license granted by us. All Weather reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of the All Weather platform.


Termination

If you violate any provision of this User Agreement, your right to use the All Weather platform may be suspended and/or terminated at our sole discretion. Notwithstanding, All Weather expressly reserves its right to block your access to or use of the All Weather platform at any time without explanation if it genuinely believes that such action is reasonably required to protect its business, which includes but not limited to situations where you have repeatedly failed to follow through and complete transactions.

All Weather may change or discontinue the All Weather platform at any time without prior notice. We reserve the right to terminate these terms and conditions for any reason, without notice, and these terms and conditions shall automatically terminate in the event that you violate any of the terms set forth herein. In the event of any termination, you must cease any use of the All Weather platform immediately.

In the event that your All Weather account is closed for any reason, All Weather may be required to report any remaining funds as unclaimed property. If this occurs, All Weather will use reasonable efforts to notify you at your registered phone number. If you fail to respond to any such notice within forty-eight (48) hours, or as otherwise required by law, All Weather may be required to deliver any such funds to respective authorities as unclaimed property. All Weather reserves the right to deduct an administrative fee resulting from such unclaimed funds, as permitted by applicable law.


General

If any court or competent authority decides that any of these terms and conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

Our failure to enforce any provision of these terms and conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.

These terms and conditions set forth the entire understanding and agreement between you and All Weather with respect to your use of the All Weather platform.


Contact Us

Please contact us at hello@allweather.io for any questions or comments regarding the All Weather platform.