Self-Custody, Crypto-Dividends (forks and airdrops)
Self-Custody, Crypto-Dividends (forks and airdrops)
IMPORTANT! YOUR USE OF THE PLATFORM OR PURCHASE OF ANY SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE APPLICABLE TERMS AND CONDITIONS AS SET OUT BELOW. IF YOU ACCEPT THESE TERMS OF SERVICES, CLICK THE “I ACCEPT” BUTTON ON THE BOX BELOW. THAT ACTION IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THE TERMS OF SERVICES AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. THAT ACTION SHALL ALSO BE THE EQUIVALENT OF PROVIDING US WITH ALL NECESSARY CONSENTS AS OUTLINED IN THESE TERMS OF SERVICES. IF THERE IS AN ERROR IN THE TERMS AND CONDITIONS OR IF YOU DO NOT AGREE WITH THEM, PLEASE CLICK ON THE “BACK” BUTTON OF YOUR BROWSER TO LEAVE.
BEAST MODE MEDIA LTD.
TERMS OF USE
Last Updated: January 21, 2021
Thank you for using CoinBeast! Please read these terms of use (the “Terms”) carefully. These terms contain important information about your legal rights, remedies and obligations. By accessing or using the CoinBeast Platform of Platform Services, you agree to comply with and be bound by these terms and all applicable laws and regulations.
You should be aware that the risk of loss in trading or holding digital currencies such as, but not limited to, Bitcoin or Ethereum (“Digital Currencies”) can be substantial. As with any asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. Any information provided on the Website or the Platform shall remain on a purely informative basis and shall not, in no case whatsoever, constitute any financial, securities, or investment advice. Any User accessing or using the Platform shall do so at their own risk and peril.
These terms of use (these “Terms” or “Terms of Use”) constitute a legally binding agreement (the “Agreement”) between you and Beast Mode Media Ltd. (“CoinBeast”, the “Company”, “we”, “us”, or “our”) governing access to and use of the CoinBeast website and web-application at www.coinbeast.com and www.coinbeastconnect.com, including any subdomains thereof, and any other websites through which CoinBeast makes its services available (together, the “Website”), including any applicable web, mobile, tablet or other smart-device applications, and application program interfaces (collectively, the "Application") and all associated services (collectively, the "Platform Services"). The Website, Application and Platform Services are collectively referred to as the “Platform”.
Our collection and use of personal information in connection with your access to and use of the CoinBeast Platform is described in our Privacy Policy. You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our Website located at www.coinbeast.com, www.coinbeastconnect.com, or any part of the rest of the Website or the Platform Services.
This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time: our Privacy Policy. These agreements are collectively, with this Agreement, called the “Terms of Service”.
Subject to the conditions set forth herein, CoinBeast may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Website. CoinBeast will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Website, providing notice on the Website, and/or sending you notice by email. If the Substantial Change includes an increase to Fees charged by CoinBeast, CoinBeast will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”).
YOU UNDERSTAND THAT BY USING THE PLATFORM OR PLATFORM SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION IN SECTION 18 OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE PLATFORM OR THE PLATFORM SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS MAY BE PERMITTED HEREIN.
IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ORGANIZATION OR LAW FIRM, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ORGANIZATION TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ORGANIZATION.
1. Definitions
2. Scope of Platform Services
3. CoinBeast Accounts
4. Relationships on the CoinBeast Platform
5. Platform and Service Fees & Payment Terms
6. Records of Compliance
7. Warranty, Liability and Release
8. Access to our Website and Platform
9. User-Generated Content
10. Terms Specific to Pros
11. Right to Refuse
12. Non-Circumvention
13. Reviews, Ratings, Comments and Other Content
14. Intellectual Property
15. Feedback
16. Electronic Communications
17. Term and Termination
18. Disputes and Dispute Resolution
19. General
20. Acknowledgement
21. Inquiries
1. DEFINITIONS
The following terms are used throughout these Terms and have the specific meaning provided below:
“Account” means any User account on the CoinBeast Platform;
“Application” means, collectively, the CoinBeast Website together with any applicable mobile, tablet, or other smart-device applications and application program interfaces and all associated services;
“Aggregate Information” means information about Users we may collect we collect to create information that is aggregated and anonymized information that cannot be used to identify any natural person or Organization, in order to develop statistics and analytics about our Platform and improve the experience for Users on our Platform and the delivery of all services through our Website or Application. Though Aggregate Information may be derived from Personal Information, it is not Personal Information because it cannot be used to identify any natural person or Organization;
“Client” means the individual or Organization that requested the Services determined as follows: (i) if the user has requested services for his or herself, then Client means that individual who specifically requested the Services over the Platform; (ii) if the Account was created by a representative of an Organization, then the Client means that Organization;
“Pro” means the individual that the User agreed to engage with over the Platform based on the User’s indication to “book” such individual through the Application. For clarity, the term “Pro” does not necessarily denote that they are a licensed or registered Pro in any field or industry and is used simply and only for classification purposes;
“Pro Advice” means any content through any means given by a Pro, whether it be financial, investment, technical, legal, business, or accounting advice;
“including” or “include(s)” as used herein means including, without limitation;
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, country, territory or other jurisdiction;
“Job(s)” means an engagement for Services that a Pro provides to a User under a Services Contract which originated from initial contact or discovery on the Platform;
“Member” means any User, Client, Pro, or other Organization on our Platform;
“Services” means any services contemplated by the present Terms of Service or by a scope of work provided by a Pro to a User within a Quote, including any amended or supplemented services as may be requested by the User and agreed to be delivered by the Pro over the Platform;
“Services Contract” means an agreement by a Pro to provide Services to a User, and on the Platform in accordance with the Terms of Service;
“Organization” means any person other than a natural person, including a corporation, association (whether incorporated or unincorporated), society, partnership, limited partnership, trust, mutual fund, charity, or not-for-profit other than any governmental entity;
“Platform” or “CoinBeast Platform” means the Application, Website, and any associated services provided by CoinBeast;
“Payments Data Controller” means Stripe, Inc. and its affiliates, including Stripe Payments Canada, Ltd. (collectively, “Stripe”), the third-party payments service provider that is responsible for your Personal Information relating to the Payments Services which enables Users to pay for Services from Pros over the Platform;
“Payments Services” means the services provided by the Payments Data Controller in order to complete financial transactions over our Platform via the application-programming interface provided by the Payments Data Controller;
“Terms of Service” means the most recent version of the CoinBeast terms of service applicable to the Application as then posted on the Website at the following link: <link>;
“User”, “you”, or “your” refers to the individual that has visited the Website and/or Application and requested the Services over the Platform;
“User Content” means any comments, remarks, data, feedback, content, files, documents, text, photographs, images, video, music, or other information that you or any visitor or User post to any part of the Platform or provide to the Company, including such information that is posted as a result of questions; and
“Quote” means the cost and description of Services provided to a User by the Pro over the Platform or one or more Services listed by a Pro over the Platform in which the Pro has stated a fixed price or hourly rate applicable to the services stated in that listing and is available for a User to select over the Platform;
“Website” means the CoinBeast website located at www.coinbeast.com, www.coinbeastconnect.com, and web-application, including any subdomains thereof, and any other websites through which CoinBeast makes its services available.
2. SCOPE OF PLATFORM SERVICES
Section 2 discusses what CoinBeast does and does not do when providing the Platform and Platform Services and some of your responsibilities when using the Platform to provide or enter into a Services Contract as a Pro or User, as detailed below.
2.1 Purpose of CoinBeast
CoinBeast is not an investment, financial advisory, technical advisory, legal, business, or accounting firm and is not authorized to directly provide Services to Users. At no time does CoinBeast provide any Pro Advice. We provide an online marketplace that enables Users to easily, transparently and conveniently identify, hire, and meet with Pros over our Platform. You do need not to download or license any CoinBeast software to advertise, provide or obtain Services over our Platform. Our Platform provides features to allow Users and Pros to access, communicate and collaborate with each other to buy and sell Services online.
Subject to the Terms of Service, CoinBeast provides the Platform Services to Users, including hosting and maintaining the Website, facilitating the formation of Services Contracts, and assisting Users in resolving disputes which may arise in connection with those Services Contracts. When a User enters a Services Contract, the User uses the Website to invoice and pay any amounts owed under the Services Contract.
The Platform may include general information regarding Digital Currencies and recent events regarding the same. You acknowledge that Digital Currencies are very volatile, and that the information provided regarding Digital Currencies on the Platform should never be solely used when determining to invest, purchase, sell, or otherwise use any Digital Currencies. You must do your own research. At no time does CoinBeast review your answers for their sufficiency as Pro Advice, draw conclusions on your Pro Advice, provide Pro Advice, opinions, or recommendations about any investment, financial, technical, legal, business, or accounting strategies, or apply the law, economic, financial, or investment models, technical Proise, or accounting methods to the facts of your particular situation. CoinBeast is not an investment or an advisory firm nor is it a broker-dealer and may not perform services performed by any broker-dealer, advisor, or act or perform any restricted activities pursuant to applicable law. At no time is a broker-dealer, lawyer, accounting, or engineering and client relationship fostered or created with CoinBeast and the User. Any information publicly provided on our Platform is not a substitute for the advice or services of a Pro.
2.2 Relationship with CoinBeast
CoinBeast merely makes the Platform and Platform Services available to enable Pros and Users to find and transact directly with each other online. CoinBeast does not introduce Pros to Users, find meetings or seminars for Pros, or find Pros for Users. Through the Platform and Platform Services, Pros may be notified of Users that may be seeking the Services a Pro offers, and Users may be notified of Pros that may offer the Services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any meeting, session, seminar, Job, User or Pro on their own. If Users decide to enter into a Services Contract, that agreement is directly between the Users and CoinBeast is not a party to that Services Contract.
You acknowledge, agree, and understand that CoinBeast is not a party to the relationship or any dealings directly between User and Pro. Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) determining the suitability of other Users for a Services Contract; (c) negotiating, agreeing to, and executing any terms or conditions of Services Contract(s); or (d) paying for Service Contracts or Services.
You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Services Contract with another User and for verifying any information about another User, including their competency, Proise, or knowledge. CoinBeast does not make any representations about or guarantee the truth, quality, efficacy or accuracy of any Pro’s or User’s session, listing, meeting, or seminar or other User Content on the Platform; does not verify any feedback or information provided by Users about Pros or Users, as applicable; and does not vet or otherwise perform background checks on Pros or Users. You acknowledge, agree, and understand that CoinBeast does not, in any way, supervise, direct, control, or evaluate Pros or their work and is not responsible for any Services, meetings, sessions, or seminars. CoinBeast makes no representations about and does not guarantee, and you agree not to hold CoinBeast responsible for, the quality, reliability, accuracy, or effectiveness of Pros’ Services; the qualifications, background, or identities of Users; the ability of Pros to deliver Services; the ability of Users to pay for Services; User Content, statements or posts made by Users; or the ability or willingness of a User or Pro to actually complete a transaction.
You also acknowledge, agree, and understand that Pros are solely responsible for determining, and have the sole right to determine, which Jobs to accept; the time, place, manner, and means of providing any Services; the type(s) of Services to provide; and the price charged for their Services or how that pricing is determined or set.
Pros further acknowledge, agree, and understand that: (i) you are not an employee of CoinBeast, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) CoinBeast will not have any liability or obligations under or related to any Services Contracts and/or Services for any acts or omissions by you or other Users; (iii) CoinBeast is unable to and does not, in any way, supervise, direct, or control any Pro or Services; does not impose quality standards or a deadline for completion of any Services; and does not dictate the performance, methods or process a Pro uses to provide Services; (iv) Pros are free to determine when and if to perform Services, including the days worked and time periods of work, and CoinBeast does not set or have any control over such Pro’s pricing, work hours, work schedules, or work location, nor is CoinBeast involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Pro for a Job; (v) Pros will be paid at such times and amounts as agreed with a User in a given Services Contract, and CoinBeast does not, in any way, provide or guarantee Pro a regular salary or any minimum, regular payment; (vi) CoinBeast does not provide Pros with training or any equipment, labor, tools, or materials related to any Services Contract; and (vii) CoinBeast does not provide the premises or at which Pros will perform any work.
Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose. Users are free at all times to engage in such other business activities and services and are encouraged to do so.
While we may help facilitate the resolution of disputes, CoinBeast has no control over and does not guarantee (i) the quality, reliability, accuracy, or effectiveness of any Services, (ii) the truth or accuracy of any Job descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Pro or any third party on the Platform. CoinBeast does not endorse any Pro or Services. Any references to a Pro being "verified" (or similar language) only indicates that the Pro has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by CoinBeast about any Pro’s ability or quality. You should always exercise due diligence and care when deciding whether to hire a Pro, accept a Quote from a User, or communicate and interact with other Users, whether online or in person.
2.3 Marketplace Feedback and User Content
You hereby acknowledge and agree that Users publish and request CoinBeast to publish on their behalf information on the Platform about the User, such as feedback, composite feedback, geographical location, or verification of identity or credentials. However, such information is based solely on unverified data that Pros or Users voluntarily submit to CoinBeast and does not constitute and will not be construed as an introduction, endorsement, or recommendation by CoinBeast; we provide such information solely for the convenience of other Users, including Clients.
You acknowledge and agree that User feedback benefits the marketplace, all Users, and the efficiency of the Platform and you specifically request that CoinBeast post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Platform. You acknowledge and agree that feedback results for you, including your Pro Ratings and Reviews, wherever referenced, and other User Content highlighted by CoinBeast on the Platform or otherwise (“Composite Information”), if any, will include User comments, User ratings, indicators of User satisfaction, and other feedback left exclusively by Users, but only Users a Pro has provided Services to over the Platform. You further acknowledge and agree that CoinBeast will make Composite Information available to Users, including composite or compiled feedback. CoinBeast provides its feedback system as a means through which Users can share their opinions of other Pros publicly, and CoinBeast does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the business advertised in the Profile and not to any individual person. You agree not to use the Composite Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
CoinBeast does not generally investigate any remarks posted by Users or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory. CoinBeast is not legally responsible for any feedback or comments posted or made available on the Website by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, we reserve the right (but are under no obligation) to remove posted feedback or information that, in our sole judgment, violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with our business interests and the purposes of this Platform. You acknowledge and agree that you will notify us of any error or inaccurate statement in your feedback results, including the Composite Information, and that if you do not do so, we may rely on the accuracy of such information.
2.4 Referral or Affiliate Programs
From time to time, CoinBeast may implement a referral or affiliate marketing program to which Users may participate. CoinBeast reserves its right to amend the present Terms of Service to include additional terms and conditions pertaining to any referral or affiliate marketing program, which shall be compliant to any antitrust, competition, and consumer laws.
3. COINBEAST ACCOUNTS
Section 3 discusses what a User must agree to before using the Platform or Platform Services if they must open any account and the different types of accounts that can be created on the Platform, as detailed in this section.
3.1 Registration and Acceptance
A User may need to open an Account with us, from time to time and as specified on the Platform.
When you register for an Account to use the Platform or Platform Services, or by clicking to accept the Terms of Service when prompted on the Platform, you agree to abide by this Agreement and the other Terms of Service, as applicable.
To access and use certain portions of the Platform and the Platform Services, you may need to register for an Account. When applicable, subject to these Terms of Use, certain portions of the Website are available to Website visitors, including those portions before your Account registration is accepted. We reserve the right to decline a registration to join CoinBeast or to add an Account type as a User or Pro, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations. We expressly disclaim any obligation to provide you with reasons if we decline to register your Account.
If you create an Account as an employee or agent on behalf of an Organization, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the Organization.
3.2 Account Types
There may be two different Account types: Pros and Clients. Once you register for one Account type, you will not be able to add the other Account type under the same email address. When applicable, a User may only be either a Pro or Client on our Platform. For example, if you already have a Pro Account (defined below), you cannot add a Client Account as a separate account type in settings without re-registering. The Pro would have to create a new Account with a different email address to be a Client on the Platform. You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Platform or Platform Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
i. Client Accounts
An individual or an Organization may register for an Account or add an Account type to use the Platform and Platform Services as a User (a “Client Account”). Only one Client may be associated with a Client Account. However, any member of the Organization (a “Team Member”) may access the Client Account and has permission to act on behalf of the Client Account.
ii. Pro Accounts
You can register for an Account to use the Platform and Platform Services as a Pro (a “Pro Account”). An Pro can register an Account. All Pro Accounts are subject to strict eligibility and qualification accounts as set out in this Agreement. CoinBeast reserves the right to periodically or permanently remove your account from our Platform for any reason in our sole and unfettered discretion.
3.3 Account Eligibility
CoinBeast offers the Platform and Platform Services as a means for consumers and businesses to transparently and conveniently connect with Pros to obtain Services. When required, creating an Account to use our Platform is subject to the following eligibility restrictions.
To register either for a Client Account or a Pro Account or use the Platform and Platform Services as a User, you must, and hereby represent that you: (a) are an individual or you have or are an employee or agent of and authorized to act for an Organization; (b) will use the Platform and Platform Services for your or your Organization’s benefit; (c) if applicable, will comply with any licensing, registration, or other requirements personally or with respect to the Organization for which you are acting as you obtain Services; and (d) are a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in your jurisdiction of residence) and can form legally binding contracts.
3.4 Account Profiles
To register for an Account required to join the Platform as indicated explicitly on the Platform, you must complete a User profile (“Profile”). If you create a Pro Account, you consent to your profile be shown to other Users and the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Platform or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity, qualifications or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading. If you do provide any false or misleading information, we reserve the right to revoke your account immediately without advance notice.
3.5 Account Permissions
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your Organization. By granting other Users permissions under your Account, including as a Team Member, you represent and warrant that (a) the User is authorized to act on your or the Organization’s behalf; (b) you are financially responsible for the User’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account; and (c) you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account, including making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Platform. Upon closure of an Account, we may close any or all related Accounts.
3.6 Identity and Location Verification
When you register for an Account and from time to time thereafter, your Account may be subject to verification, which may include, but shall not be limited to, validation against third-party databases or the verification any necessary documents that confirm your identity, your location, and your ability to act on behalf of your Organization on CoinBeast. The requirement for identification and location verification contained in our Terms of Service are to foster an environment of trust and protect the safety, privacy and security of all Platform Users.
You hereby authorize CoinBeast, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents.
3.7 Usernames and Passwords
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. We will assume that any person using the Platform with your username and password, either is you or is deemed to be authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Website if (a) you are not authorized to use either or (b) the use would violate the Terms of Service.
4. RELATIONSHIPS ON THE COINBEAST PLATFORM
Section 4 discusses the relationship you may decide to enter into with another User on the CoinBeast Platform, including Services Contracts between Pros and Clients.
4.1 Services on the Platform
When a Client decides to engage a Pro to obtain Services, a contractual relationship is created directly between the Client and Pro. The Services Contract created when a Client hires a Pro on the Platform shall be governed by the Quote. The Client and Pro have complete discretion both with regard to whether to enter into a Services Contract with each other.
You acknowledge, agree, and understand that CoinBeast is not a party to any Services Contract, that the formation of a Services Contract between Users will not, under any circumstance, create an employment or other service relationship between CoinBeast and any Pro.
However, if the Client cannot attend the meeting, session, or seminar, Client must notify the Pro 48 hours prior to the meeting, session, or seminar, in which case the Pro shall recommend an alternative time or date.
4.2 Confidential information
Pros are obligated to keep all Client and prospective Client information confidential. The interactions on the Platform between Client’s and Pros are not intended to and will not affect the confidential nature of any communications. CoinBeast is not a party to any Services Contract between the Pro and Client and therefore not privy to direct communication between the Users. The Company has a common interest with the Users of the Platform to protect the confidential status of any information provided over the Platform. The Company may maintain confidential information, directly or indirectly, in a database maintained by the Company or a third-party provider, or the ability of the Company to create Aggregate Information or Composite Information about Users.
Pro agree to abide by all applicable law with respect to the confidentiality of User communications. Pros agree they will treat information received from a prospective User whom they interact with but are ultimately not hired by confidentially. Users acknowledge that Pros will be required to maintain certain communication for periods required by applicable law. If a Pro fails to uphold their obligation with respect to the protection of confidential information, the Company reserves the right to temporarily suspend or permanently delete the Pro’s Account and seem any other remedy which may be available under applicable law.
All Services, including meetings, sessions, or seminars may be recorded for quality assurance purposes. CoinBeast shall keep these recording confidential and shall not distribute or share them with anyone, unless requested by a Pro upon explicit and written consent from the Client. You expressly consent to such recordings and waive any privilege or professional secrecy for the above-mentioned reasons and pursuant to the Terms and Coinbeast’s Privacy Policy.
4.3 Third Party Beneficiaries
It is the intent of the Company and Users who are Party to this Agreement that Users who have entered into Services Contracts and who disclose or receive confidential information to another User are third-party beneficiaries of this Agreement with respect to this Section.
4.4 Disputes
For disputes arising between Clients and Pros, Clients agree to abide by the dispute process contained in these Terms, namely in the Arbitration Provision, and to attempt to informally resolve any dispute first. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that CoinBeast will not and is not obligated to provide any dispute assistance beyond what is provided in these Terms.
If a Pro or Client intends to obtain an order from any arbitrator or any court that might directly involve the legal rights or obligations of the Company or our, that party will (a) give us at least ten business days’ prior notice of the hearing; (b) include in any such order a provision that, as a precondition to obligation affecting the Company, we be paid in full for any amounts to which we would otherwise be entitled; and (c) be paid for the reasonable value of the services to be rendered pursuant to such order.
5. PLATFORM AND SERVICE FEES & PAYMENT TERMS
This Section 5 describes what service and administration fees you agree to pay to the Company in exchange for CoinBeast providing the Platform and Platform Services to you and what taxes we may collect, including your agreement to pay fees to Pros for Services, as detailed below.
CoinBeast may charge fees to Clients ("Client Service Fees") and/or Pros ("Pro Service Fees") (collectively, "Service Fees") in consideration for the use of the CoinBase Platform. More information about when Service Fees apply and how they are calculated are provided below.
5.1 Payment Agreements
CoinBase provides payment services to Users to deliver, hold, and/or receive payment for a Services Contract, and to pay fees to the Company (the “Payment Services”). The Payment Services are intended for business use, and you agree to use the Payment Services for the purposes of obtaining or providing Services over our Platform. CoinBeast will use and release funds for Service Fees only in accordance with this Agreement. Users hereby authorize and instruct CoinBeast to act agent in connection with the payment, processing, and routing of funds for each Job upon completion of the Services Contract. CoinBeast is not a bank or escrow agent. We utilize the Payments Data Controller to process, route and deliver funds under applicable laws and regulations for the purposes of providing Payment Services between Pros and Clients for Services provided on our Platform.
5.2 Service Fees for Pros
Pros pay CoinBeast Service Fees for the use of the Platform. CoinBeast charges Service Fees to Pros in accordance with these terms for using the Platform’s communication, invoicing, reporting, dispute resolution and payment services. The Service Fees (to use the Platform and Platform Services) are paid solely by Pro. Pros shall determine their own Pro Service Fees that they wish to charge on the Platform. When a Client pays a Pro for a Job, we will credit the Pro’s Account for the full amount paid or released or remit to the Pro the amounts, and then subtract and disburse to CoinBeast any Service Fees. The Pro hereby irrevocably authorizes and instructs CoinBeast to deduct the Service Fees for a Job and pay CoinBeast on the Pro’s behalf.
5.3 Payment Processing and Administrative Fees
Pros pay CoinBeast a fee for payment processing, administration related to the processing of Service Fees, and the use of Zoom and Calendly and disbursements attached thereto, paid by Clients through the Platform. These Service Fees are equivalent to 20% of the value of the Services, plus any applicable tax on said amount.
5.4 Disbursement Fees
Pros may pay CoinBeast a disbursement fee for remitting payments to their preferred payment method (a “Disbursement Fee”). The Disbursement Fee is paid to the Company in consideration of costs incurred and administration of disbursements via the disbursement method requested by the Pro and varies by disbursement method. The Disbursement Fee for each disbursement method will be listed under Fees and Schedules on the Platform and revised from time to time. Additional activation, maintenance, and account fees may be charged by the disbursement method requested by Pro.
5.5 Taxes
Pros acknowledge and agree that the Pro is solely responsible (a) for all tax liability associated with payments received from Clients through the CoinBeast Platform, and that CoinBeast will not withhold any taxes from payments to the Pro; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Pro is not covered by or eligible for any insurance from CoinBeast; (c) for determining whether CoinBeast is required by applicable law to issue any particular invoices for the Service Fees and for issuing any invoices so required; (d) for determining whether Pro is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Service Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if for determining if CoinBeast is required by applicable law to withhold any amount of the Service Fees and for notifying CoinBeast of any such requirement and indemnifying the Company for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of CoinBeast, Pros agree to promptly cooperate with CoinBeast and provide copies of the Pro’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Pro is engaging in an independent business as represented to CoinBeast.
5.6 Client Payments and Authorizations
The Client is obligated to immediately make payment for Quotes or Services from the bank account or credit card on file through the Payment Data Controller.
The Client acknowledges and agrees that for Quotes, that failure to decline or dispute an invoice or request for payment is an authorization and instruction to release payment. When Client authorizes the payment of the Service Fees for a Job on the Platform, Client automatically and irrevocably authorizes and instructs CoinBeast to charge the Client’s payment method on account for the Service Fees.
5.7 Payments to Pros
Under this Agreement, CoinBeast disburses funds that are available and payable to a Pro 28 days following when a Client enters into a Services Contract or requests for Services and Client authorization to process payment at the latest. We will automatically disburse available funds to Pros upon processing of payment for the Services in accordance with the policies of our Payments Data Controller.
Notwithstanding any other provision of the Terms of Service, and except as prohibited by applicable law, if we believe, in our sole discretion, that you have violated the conditions and restrictions of the Platform or the Terms of Service, including by committing or attempting to commit fraud or other illicit acts on or through the Platform, we may refuse to process or may hold the disbursement of the Service Fees and take such other actions with respect to your as we deem appropriate in our sole discretion and in accordance with applicable law. Without limiting the foregoing, the Company, in its sole discretion and to the extent permitted by applicable law, may also refuse to process or may hold the disbursement of the Service Fees or any other amounts and offset amounts owed to us if: (a) we require additional information, such as Pro’s tax information, government-issued identification or other proof of identity, address, or date of birth; (b) we have reason to believe the Service Fees may be subject to dispute or chargeback; (c) we suspect fraud; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under this Agreement or other Terms of Service; or (e) we deem it necessary in connection with any investigation or required by applicable law. If, after investigation, we determine that the hold on the disbursement of the Service Fees is no longer necessary, we will release such hold as soon as practicable.
In addition, notwithstanding any other provision of the Terms of Service and to the extent permitted by applicable law, we reserve the right to seek reimbursement from you, and you will reimburse us, if we: (i) suspect fraud or criminal activity associated with your payment, withdrawal, or Services Contract; (ii) discover erroneous or duplicate transactions; or (iii) have supplied our services in accordance with this Agreement yet we receive any chargeback from the Payment Method used by you, or used by your Client if you are a Pro, despite our provision of the Platform Services in accordance with this Agreement. You agree that we have the right to obtain such reimbursement by instructing the Company to (and we will have the right to) charge the applicable account you hold with us, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your payment method, or obtaining reimbursement from you by any other lawful means. If we are unable to obtain such reimbursement, we may, in addition to any other remedies available under applicable law, temporarily or permanently revoke your access to the Platform and Platform Services and close your Account.
5.8 Non-Payment
When applicable, if Client is in “default”, meaning the Client fails to pay the Service Fees or any other amounts when due under the Terms of Service, or a written agreement for payment terms incorporating the Terms of Service (signed by an authorized representative of CoinBeast), we will be entitled to the remedies described in this Section in addition to such other remedies that may be available under applicable law or in such written agreement.
For the avoidance of doubt, when applicable, Client will be deemed to be in default on the earliest occurrence of any of the following: (a) Client fails to pay the Service Fees when due, (b) Client fails to pay a balance that is due or to bring, within a reasonable period of time but no more than 21 days, an account current after a credit or debit card is declined or expires, (c) Client fails to pay an invoice issued to the Client by CoinBeast within the time period agreed or, if none, within 21 days, (d) Client initiates a chargeback with a bank or other financial institution resulting in a charge made by CoinBeast for Service Fees or such other amount due being reversed to the Client, or (e) Client takes other actions or fails to take any action that results in a negative or past-due balance on the Client’s account.
If Client is in default, CoinBeast may, without notice, temporarily or permanently close Client’s Account, if any, and revoke Client’s access to the Platform and Platform Services, including Client’s authority to use the Platform to process any additional payments, enter into Service Contracts, or obtain any additional Services from other Pros through the Website. However, Client will remain responsible for any amounts that accrue on any open Jobs at the time a limitation is put on the Client’s Account as a result of the default and shall undertake to pay any amounts immediately. Without limiting other available remedies, Client must pay CoinBeast upon demand for any amounts owed, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
CoinBeast, at the Company’s discretion and to the extent permitted by applicable law, may set off amounts due against other amounts received from Client or held by CoinBeast for Client, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any investigation or prosecution.
5.9 No Return of Funds
Client acknowledges and agrees that CoinBeast will charge Client’s designated Payment Method for the Service Fees incurred as described in this Agreement once CoinBeast charges or debits the Client’s designated Payment Method for the Service Fees, the charge or debit is non-refundable, except as otherwise required by applicable law or by these Terms. Client also acknowledges and agrees that the Terms of Service provide a dispute resolution process as a way for Client resolve disputes. To the extent permitted by applicable law, Client therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any Service Fees, Service Fees or other fees charged pursuant to the Terms of Service for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Terms of Service. If Client initiates a chargeback in violation of this Agreement, Client agrees that we may dispute or appeal the chargeback and institute collection action against Client and take such other action we deem appropriate.
Notwithstanding the above, if Pro does not provide Services after entering into a Services Contract, such as the Pro does not show up to a meeting, session, or seminar, Client may request a refund pertaining to that specific Service, meeting, session, or seminar.
5.10 Payment Methods
In order to use certain Platform Services, Clients and Pros must provide account information for at least one valid Payment Method. Users hereby authorizes CoinBeast to run credit card authorizations on all credit cards provided by Client, to store credit card and banking or other financial details as Client’s method of payment consistent with our Privacy Policy, and to charge Client’s credit card (or any other Payment Method) for the Service Fees and any other amounts owed under the Terms of Service. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information, including but not limited to the Payments Data Controller. Payment Methods will be charged by the Payments Data Controller.
By providing Payment Method information through the Website and authorizing payments with the Payment Method, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to make payments using the Payment Method(s); (c) if Client is an employee or agent of an Organization or person that owns the Payment Method, that Client is authorized by the Organization or person to use the Payment Method to make payments on the CoinBeast Platform; and (d) such actions do not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the Platform, Client represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, CoinBeast is not liable to any User if we do not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. CoinBeast will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with this Agreement.
6. RECORDS OF COMPLIANCE
Users will each (a) create and maintain records to document satisfaction of their respective obligations under this Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (b) provide copies of such records to the Company upon request. Nothing in this subsection requires or will be construed as requiring CoinBeast to supervise or monitor a User’s compliance with this Agreement, the other Terms of Service, or a Service Contract. You are solely responsible for creation, storage, and backup of your business records.
CoinBeast agrees that it will either (i) store, backup, retain, or grant access to any information or data for each Client job or matter for the period request by a Pro to maintain that record under applicable legislation or (ii) provide a Pro with a complete record of its job with the Client following completion of that job as indicated by the Pro.
7. WARRANTY, LIABILITY AND RELEASE
7.1 Warranty Disclaimer
You agree not to rely on the Website, the Platform Services, any information on the site or the continuation of the Platform. You also agree that all information provided to you via the Platform is purely educational and shall not The Platform and the Platform Services are provided on and “as is” and an “as available” basis. CoinBeast makes no representations or warranties with regard to the Website, the Platform Services, sessions, meetings, seminars, or any activities or items related to this Agreement or the Terms of Service. To the maximum extent permitted by applicable law, the Company disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the above limitations may not apply to you. Section 17 (Term and Termination) states User’s sole and exclusive remedy against CoinBeast with respect to any defects, non-conformances, or dissatisfaction.
7.2 Limitation of Liability
CoinBeast is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
ADDITIONALLY, IN NO EVENT WILL COINBEAST, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS, AS APPLICABLE, BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF COINBEAST, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $2,500; OR (B) ANY FEES RETAINED BY COINBEAST WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT OR PRO DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM.
THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
7.3 Release
This Section discusses your agreement not to hold us responsible for any dispute you may have with another User, as detailed below.
In addition to the recognition that CoinBeast is not a party to any Services Contract between Users, you hereby release the Company, our affiliates, and our respective officers, directors, agents, subsidiaries, partners, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this Agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Services provided to Client by a Pro and requests for refunds based upon disputes in connection therewith
TO THE MAXIMUM EXTENT APPLICABLE BY LAW, YOU HEREBY WAIVE THE PROTECTIONS OF ANY LEGISLATION OR ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
This release will not apply to a claim that we failed to meet our obligations under the Terms of Service.
7.4 Indemnification
This Section discusses your agreement to pay for any costs or losses we have as a result of a claim brought against us related to your use of the Platform or Platform Services or your illegal or harmful conduct, as detailed below.
You will indemnify, defend, and hold harmless CoinBeast, our affiliates, and our respective directors, officers, employees, representatives, partners, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Platform and the Platform Services by you or your agents, including any payment obligations or default incurred through use of the Platform Services; (b) any Services Contract entered into by you or your agents, including, but not limited to, the classification of a Pro as an independent contractor; the classification of CoinBeast as an employer or joint employer of Pro; any employment-related claims, including any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section, your agents include any person who has apparent authority to access or use your Account demonstrated by using your username and password.
“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.
“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.
8. ACCESS TO OUR WEBSITE AND PLATFORM
This Section describes when and the conditions under which Users are allowed to access or use the Website. Some visitors to our Website simply visit the publicly available portions of our Website or use the public portions of our Platform. If you do not agree to these Terms of Use, you may not visit, use, or access the Website as a User or otherwise and may not click to accept the Terms of Service when prompted on the Website.
We may make access to and use of the CoinBeast Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Pro’s booking and cancellation history. You may need to register an account (a "CoinBeast Account") to access and use certain features of the CoinBeast Platform, such as publishing Quotes, responding to Client inquiries for Quotes or hiring a Pro over the Platform. If you are registering a CoinBeast Account for a business, organization or other legal entity, you represent and warrant that you have the capacity and authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
8.1 Ownership
This Platform is owned and operated by Beast Mode Media Ltd. All right, title and interest in and to the materials provided on our Platform, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by CoinBeast or by our respective third-party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by CoinBeast, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Website or on any Applications shall be construed to confer any license under any of our Intellectual Property Rights, whether by estoppel, implication or otherwise. We do not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by CoinBeast. Any rights not expressly granted herein are reserved by the Company.
8.2 Limited Website License
CoinBeast hereby grants you a limited license to access the Website and Platform Services. This license is subject to and conditioned on compliance with the Website Terms of Use and, to the extent applicable, the rest of the Terms of Service.
We strive to keep our Website and the Platform Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Platform Services. In fact, we might even stop providing certain features without notice.
8.3 Termination of the Limited Website License
CoinBeast may terminate any license it has granted to any Website visitor or User to access the Platform and Platform Services by providing notice, and the termination of such license shall be effective immediately upon CoinBeast providing such notice.
8.4 Permitted Uses
CoinBeast offers the Website and Platform Services for personal, consumer, household and business purposes. We make the Website and Platform Services available for Users to find one another, enter into service relationships, make and receive payments, and receive and provide Services. In addition, certain Platform Services, may be used to obtain, general information and articles that we believe may be of interest to Platform visitors and Users. While we try to ensure that any information we post is both timely and accurate, errors may appear from time to time. We do not make any representations or warranties with respect to any information that is posted on the Platform by us or anyone else. In no event should any content be relied on or construed as any advice whatsoever or otherwise, except if obtained through a Services Contract. You should independently verify the accuracy of any content.
8.5 Prohibited Uses
Users are not permitted to use, or encourage, promote, facilitate, instruct or induce others to use, the Platform or Platform Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
The following are examples of uses that are prohibited on the Website or when using the Website Services:
8.6 Enforcement
CoinBeast reserves the right, but does not assume the obligation, to investigate any potential violation of this Section or any other potential violation of the Terms of Service and to remove, disable access to, or modify any content on the Platform. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement or the Terms of Service.
8.7 Reporting and Collecting Violations
If you become aware of any violation of the Terms of Service, you must immediately report it to the Company. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of the Terms of Service.
9. USER-GENERATED CONTENT
CoinBeast may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store User Content, such as text, photos, audio, documents, files, video, or other materials and information on or through the CoinBeast Platform; and (ii) access and view User Content and any content that CoinBeast itself makes available on or through the CoinBeast Platform, including proprietary CoinBeast content and any content licensed or authorized for use by or through CoinBeast from a third party ("Company Content" and together with User Content, "Collective Content").
9.1 Legal Protection and Ownership
The CoinBeast Platform, Company Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the CoinBeast Platform and Company Content, including all associated Intellectual Property Rights, are the exclusive property of CoinBeast and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the CoinBeast Platform, Company Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of CoinBeast used on or in connection with the CoinBeast Platform and Company Content are trademarks or registered trademarks of the Company in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the CoinBeast Platform, Company Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
9.2 Restrictions
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the CoinBeast Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CoinBeast or its licensors, except for the licenses and rights expressly granted in these Terms, if any.
9.3 Limited License
Subject to your compliance with these Terms, CoinBeast grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the CoinBeast Platform and accessible to you, solely for your personal and non-commercial use.
9.4 License to Platform
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the CoinBeast Platform, you grant the Company a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the CoinBeast Platform, in any media or platform. Insofar as User Content includes personal information, such User Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, we do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
9.5 Content Ownership
You are solely responsible for all User Content that you make available on or through the CoinBeast Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the CoinBeast Platform or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in and to such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of such User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We respect copyright law and expects our Users to do the same. If you believe that any content on the CoinBeast Platform infringes copyrights you own, please contact us at <link here.="">
10. TERMS SPECIFIC TO PROS
10.1 Quotes
When creating a Quote on the CoinBeast Platform, you must (i) provide complete and accurate information about the Services associated with that Quote, (ii) set out the agenda and explanation of the Services and any applicable restrictions or limitations or requirements that apply to that Quote and (iii) provide the price for the Services associated with the Quote.
10.2 Prices
You are solely responsible for setting prices for your Quotes including taxes, as applicable, or other charges for the applicable Services. When providing Quotes to Clients, the prices shown must be all inclusive of Service Fees, and other charges. The total price must be shown to the Client prior to booking the Job.
10.3 Profile and Listing Placement
The placement and ranking of a Pro’s Profile and Quote in search results on the Platform may vary and depend on a variety of factors, such as User search parameters and preferences, Pro requirements, price, responsiveness, cancellation history, Reviews and Ratings, type of Services, and/or ease of booking.
10.4 Legal Relationship
When a Client approves your Quote and you accept or have pre-approved a request by a Client, you are entering into a legally binding agreement with the Client and are required to provide your Services to the Client as described in the Quote when you are hired. You also agree to pay the applicable Pro Service Fee and any applicable Taxes.
11. RIGHT TO REFUSE
You acknowledge that CoinBeast reserves the right to refuse service to anyone and to cancel User access at any time, subject to any restrictions under applicable law.
12. NON-CIRCUMVENTION
This Section 12 discusses your agreement to make and receive payments only through CoinBeast for two years from the date you first meet your Client or Pro on the Website, unless you pay a Disintermediation Fee, as detailed below.
12.1 Payments Through the Platform
You acknowledge and agree that (a) CoinBeast used a substantial amount of labour and effort to develop our Platform to enable Clients to conveniently and transparently hire Pros online and (b) a substantial portion of the compensation CoinBeast receives for making the Platform available to Users is collected through the Service Fees described in these Terms.
We only receive a Service Fee when a Client and a Pro pay and receive payment through the Platform. Therefore, for the later of (i) 24 months from the time you identify or are identified by any party through the Platform or (ii) the duration of the Services Contract or Job created through introduction or discovery on the Platform (the “Non-Circumvention Period”), you agree to use the Platform as your exclusive method to request, make, and receive all payments for Services directly or indirectly with that Pro or Client or arising out of your relationship with that party facilitated by CoinBeast (the “CoinBeast Relationship”).
For the avoidance of doubt, if you, or the Organization you represent, did not identify and were not identified by another party through the Platform, such as if you and another User worked together before meeting on the Platform, then the Non-Circumvention Period does not apply. If you use the Platform as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business when acting in that capacity with respect to the other User.
You agree not to circumvent the Payment Methods offered by the Platform. By way of illustration and not in limitation of the foregoing, you agree not to:
You agree to notify CoinBeast immediately if a person suggests to you making or receiving payments outside of the Platform in violation of this Section. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to CoinBeast by sending an email message to: help@coinbeast.com.
12.2 Circumvention Policy and Fees
Except as provided for in Section 12.3 below, Users represent and warrant, and acknowledge that the Company is relying upon this representation and warranty, they will not circumvent or attempt to circumvent these Terms to in any way attempt to procure or provide Services off of the CoinBeast Platform except as provided by these Terms.
If a Client solicits a Pro to take the CoinBeast Relationship off of the Platform and make payment for Services other than in accordance with Section 12.1, then the Client agrees to pay a one-time fee (the “Disintermediation Fee”) equal to the greater of: (i) $2,500, or (ii) 50% the amount actually paid by the Client to the Pro for Services for which payment was processed other than through the Platform and (iii) 50% of the amount of a Quote provided by a Pro to the Client on the Platform.
If a Pro obtains a request for a Job or is otherwise identified by a Client through the Platform, and the Pro solicits the Client to make payment other than in accordance with Section 12.1, to make payment for Services originated through a CoinBeast Relationship, then the Pro agrees to pay a Disintermediation Fee to the Company of $5,000.
12.3 Recruiting from Platform
If any Client agrees to hire a Pro as a full-time employee following their introduction to that Pro through the CoinBeast Platform, the Client agrees it will pay the Company a recruitment fee equal to the greater of: (i) $5,000 or (ii) 15% of the Pro’s first-year employment salary.
13. REVIEWS, RATINGS, COMMENTS AND OTHER CONTENT
Within a certain timeframe after obtaining Services, Clients can leave a public review (a “Review”) and submit a star rating (a “Rating”) about the Pro that they worked with. Ratings or Reviews reflect the opinions and experiences of individual Clients and do not reflect the opinion of CoinBeast about any Pro.
Ratings and Reviews by Clients of Pros must be truthful, accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 9 (User-Generated Content) and must comply with our policies. As legal matters are sensitive, any Review and Rating should be solely based on the Client’s experience with the Pro and the session, meeting, or seminar and not based on the particular outcome of a given situation.
Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Pro. Ratings and Reviews are part of a Pro’s public profile and may also be surfaced elsewhere on the CoinBeast Platform together with other relevant information such as number of sessions, meetings, or seminars, number of cancellations, average response time and other information.
14. INTELLECTUAL PROPERTY
14.1 Our Intellectual Property
CoinBeast and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Platform and the Platform Services. The CoinBeast logos and names are trademarks of CoinBeast and CoinBeast reserves its right to register its trademarks in certain jurisdictions at any time. All other product names, company names, marks, logos, and symbols on the Platform or connected to Platform Services may be the trademarks of their respective owners. Nothing in the Terms of Service grants you a right to use any CoinBeast trademarks. All images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of CoinBeast. All Website design, text, graphics, the selection and arrangement thereof, Copyright ©, CoinBeast Inc. ALL RIGHTS RESERVED.
14.2 Your Intellectual Property
i. Obligation and Indemnification
You are solely responsible for your use of the Platform and any content you post on the Platform, and that if someone makes a claim against CoinBeast because of your content that you will pay CoinBeast for our fees and expenses, as detailed below:
When you post User Content on the Website or through the Platform Services or provide CoinBeast with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you represent and warrant that you have the right, power, and authority to (a) post that User Content without violating the rights of third parties, and (b) grant the licenses specified below.
You acknowledge and agree that the poster of User Content, and not CoinBeast, is responsible for any User Content including any harms caused to you, another User, or a third party by such User Content.
You will indemnify, defend, and hold harmless CoinBeast, our affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.
ii. Your Rights & License to CoinBeast and Website Visitors
By posting content on the Platform, you give others certain limited rights to that content.
You retain all ownership rights in any User Content you post on CoinBeast. To the extent permitted by applicable law, you also grant CoinBeast and our successors and affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Platform and CoinBeast’s, our successors’ and affiliates’ businesses, including, without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User and each Website visitor a non-exclusive license to access your User Content through the Platform and to use, reproduce, distribute, and display such User Content to the extent permitted through the normal functionality of the Website and subject to all applicable confidentiality and other provisions of the Terms of Service, our Privacy Policy, and applicable law.
14.3 Third Party Intellectual Property
Third parties, including other Users, are responsible for content posted or linked on the Website.
Any information or content expressed or made available by a third party or any other Website visitor or User is that of the respective author(s) or distributor(s) and not of the Company. CoinBeast neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Website by anyone other than our authorized agents acting in their official capacities.
The Platform may contain links to third-party websites. The Platform may also contain applications that allow you to access third-party websites via our Platform. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Website does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed via the Platform is on an “as is” and “as available” basis without any warranty for any purpose.
14.4 Compliance with Intellectual Property Laws
When accessing the CoinBeast Platform, Platform Services or obtaining Services on our Platform, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Platform and Platform Services is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Account.
CoinBeast reserves the right to immediately remove any content, article or materials that have infringed on the rights of CoinBeast or of a third party or that violate intellectual property rights generally. Our policy is to remove such infringing content or materials and investigate such allegations immediately.
14.5 Infringement
If we find that any User has infringed the rights of the Company or of a third party, or otherwise violated any intellectual property laws, we may immediately suspend and/or terminate such User’s access to the Platform and any Platform Services. The Company's will act promptly upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, please provide the Company with notice via email to help@coinbeast.com.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a written notice containing the following information to the Company: (1) your physical or electronic signature; (2) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the Province of Quebec and District of Montreal, and a statement that you will accept service from the person who provided notification of the alleged infringement. If we receive such a notice, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
15. FEEDBACK
We welcome and encourage our Users to provide feedback, comments, ideas and suggestions about the Platform and Platform Services, including, without limitation, how to make improvements to the our Platform and Platform Services (“Feedback“). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. You may submit Feedback by emailing us, through the Website, or by other means of communication. By submitting any Feedback, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place CoinBeast under any fiduciary or other obligation, (b) your ideas do not contain the confidential or proprietary information of third parties. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. You further acknowledge and agree that, by acceptance of your submission, CoinBeast does not waive any rights to use similar or related ideas, including those known or developed by the Company or obtained from sources other than you.
16. Electronic Communications
In connection with the Terms of Service, you may be entitled to receive certain records from CoinBeast or our affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Platform and the Platform Services, you give us permission to provide these records to you electronically instead of in paper form.
17. TERM AND TERMINATION
17.1 Termination
This Section discusses your and our agreement about when and how long this Agreement will last, when and how either you or CoinBeast can end this Agreement, and what happens if either of us ends the Agreement, as detailed below.
Unless both you and CoinBeast expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to help@coinbeast.com. In the event you properly terminate this Agreement, your right to use the Platform and Platform Services is automatically revoked, and your Account will be closed. CoinBeast is not a party to any Services Contract between Users. Consequently, you understand and acknowledge that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Services Contract or Job entered into between Users. If you attempt to terminate this Agreement while having one or more open Jobs, you agree: (a) you hereby instruct CoinBeast to close any open contracts; (b) you will continue to be bound by this Agreement and the other Terms of Service until all such Jobs have closed on the Platform; (c) CoinBeast will continue to perform those Website Services necessary to complete any open Job or related transaction between you and another User; and (d) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Service Contracts, whichever is later, to CoinBeast for any Platform Services or such other amounts owed under the Terms of Service and to any Pros for any Services.
Without limiting our other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke access to the Platform or Platform Services, deny your registration, or permanently revoke your access to the Platform and refuse to provide any or all Platform Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or CoinBeast or our affiliates; may be contrary to the interests of the Platform or the User community; or may involve illicit or illegal activity. If your Account is temporarily or permanently closed, you may not use the Platform under the same Account or a different Account or reregister under a new Account without CoinBeast’s prior written consent. If you attempt to use the Platform under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available payment method to pay for any amounts owed by you to the extent permitted by applicable law.
You acknowledge and agree that the value, reputation, and goodwill of the Platform depend on transparency of User’s Account status to all Users, including both yourself and other Users who have entered into Service Contracts with you. You therefore agree as follows:
IF COINBEAST DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, THE COMPANY HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT COINBEAST WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.
17.2 Account Data
Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Platform and that that any closure of your Account may involve deletion of any content stored in your Account for which CoinBeast will have no liability whatsoever. The Company, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
17.3 Survival
After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or CoinBeast from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
18. DISPUTES AND DISPUTE RESOLUTION
Section 18 discusses your agreement with CoinBeast and our agreement with you about how we will resolve any disputes, including that we will both first try to resolve any dispute informally and that we both agree to use arbitration instead of going to court if we can’t resolve the dispute informally, as detailed below.
18.1 Disputes between CoinBeast and Platform Users
If a dispute arises between you and CoinBeast or our affiliates, our goal is to resolve the dispute quickly, cost-effectively, and in a friendly manner. Accordingly, you, CoinBeast, and our affiliates agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, the other Terms of Service, your relationship with CoinBeast (including without limitation any claimed employment with CoinBeast or one of our affiliates or successors), the termination of your relationship with CoinBeast, or the Platform Services (in this Section 18 each, a “Claim”) in accordance with this Section 18 (sometimes referred to as the “Arbitration Provision”).
18.2 Scope of Claims
Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes, or controversies arising out of or relating to this Agreement, the Terms of Service, any Services Contract, payments or agreements, any payments or monies you claim are due to you from the Company or our affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, termination, discrimination, retaliation or harassment and claims arising under and all legislated provincial, state or federal claims arising out of or relating to your relationship with CoinBeast or the termination of that relationship.
18.3 Choice of Law
These Terms of Use, the Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the Province of Quebec.
18.4 Informal Dispute Resolution
Before serving a demand for arbitration of a Claim, you agree with the Company to first notify each other of the Claim or potential Claim. You agree to notify CoinBeast of the Claim at by email to help@coinbeast.com, and the Company agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and the Company then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or CoinBeast, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and the Company will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
18.5 Binding Arbitration and Waiver
This Arbitration Provision applies to all Users. In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, the Company, and our affiliates (if applicable) agree to resolve the Claim by final and binding arbitration before a neutral arbitrator selected by the Company instead of a court.
18.6 Scope, Place and Rules of Arbitration Agreement
This Arbitration Provision applies to any Claim (defined above) the parties may have and survives after your relationship with CoinBeast ends. Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes or controversies arising out of or relating to this Agreement or the Terms of Service. This Arbitration Provision is intended to apply to the resolution of any disputes arising out of or in connection with the Terms of Service that otherwise would be resolved in a provincial or federal court of law or before a forum other than arbitration.
Except as otherwise provided herein, arbitration will be conducted in Montreal, Quebec. Arbitration of disputes brought by a User that allege a violation of a consumer protection statute also will be subject to this Arbitration Provision, and such arbitrations will be conducted in accordance with this Agreement. The applicable. Any dispute regarding the applicability of a particular set of rules shall be resolved exclusively by the arbitrator. Any party will have the right to appear at the arbitration by telephone and/or video rather than in person.
You and the Company will follow the applicable arbitration rules with respect to arbitration fees. In any arbitration with a Pro, the Pro will pay arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted, with CoinBeast to make up the difference, if any. In any arbitration in which a User makes a claim under a consumer protection statute, the User will pay arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted, or $250.00, whichever is less, with CoinBeast to make up the difference, if any. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
Notwithstanding any other provision of this Agreement, no amendment to this Arbitration Provision will apply to any matter pending in an arbitration proceeding brought under this Section 18 unless all parties to that arbitration consent in writing to that amendment.
18.7 Enforcement and Interpretation
This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. Except as otherwise provided in this Arbitration Provision, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Provision, this Agreement, or any other part of the Terms of Service is void or voidable.
In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver below of this Arbitration Provision is deemed to be unenforceable, you and CoinBeast agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
18.8 Class Action Waiver
Where applicable, both you and the Company agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. Where applicable, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (the “Class Action Waiver”). Notwithstanding any other provision of this Agreement or the applicable arbitration rules, where applicable, disputes regarding the enforceability, revocability, scope, or validity or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. You and CoinBeast agree that you will not be retaliated against, disciplined or threatened with discipline as a result of your filing or participating in a class or collective action in any forum. However, we may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver under the applicable law and seek dismissal of such class or collective actions or claims.
19. GENERAL
19.1 Governing Law
These Terms will be interpreted in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. Any legal proceedings that are excluded from the Arbitration Agreement in Section 18 must be brought in the District of Montreal, Quebec unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Montreal, Quebec.
19.2 Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
19.3 Non-Assignasbility
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without our prior written consent. CoinBeast may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
19.4 Waiver
Our failure to enforce any right or provision in these Terms 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 these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
19.5 No Economic Relationship
No joint venture, partnership, employment, or agency relationship exists between you and CoinBeast as a result of this Agreement or your use of the CoinBeast Platform.
19.6 Entire Agreement
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Terms of Service constitute the entire Agreement between CoinBeast and the User pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between CoinBeast and you in relation to the access to and use of the CoinBeast Platform.
19.7 Modification and Waiver
CoinBeast reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the CoinBeast Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Platform will be deemed to constitute acceptance of such revised Terms.
20. ACKNOWLEDGEMENT
BY USING THE COINBEAST PLATFORM, PLATFORM SERVICES OR ACCESSING THE WEBSITE SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
21. INQUIRIES
BY USING OR ACCESSING THE COINBEAST WEBSITE OR PLATFORM, USING ANY PLATFORM SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER OR EMAIL TO US VIA THE WEBSITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO COINBEAST, AND THAT WE MAY CONTACT YOU AT THE NUMBER OR EMAIL SUBMITTED EVEN IF SUCH NUMBER APPEARS IN ANY DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
If you have any questions about these Terms please email us at help@coinbeast.com.
IMPORTANT! YOUR USE OF THE PLATFORM OR PURCHASE OF ANY SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE APPLICABLE TERMS AND CONDITIONS AS SET OUT BELOW. IF YOU ACCEPT THESE TERMS OF SERVICES, CLICK THE “I ACCEPT” BUTTON ON THE BOX BELOW. THAT ACTION IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THE TERMS OF SERVICES AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. THAT ACTION SHALL ALSO BE THE EQUIVALENT OF PROVIDING US WITH ALL NECESSARY CONSENTS AS OUTLINED IN THESE TERMS OF SERVICES. IF THERE IS AN ERROR IN THE TERMS AND CONDITIONS OR IF YOU DO NOT AGREE WITH THEM, PLEASE CLICK ON THE “BACK” BUTTON OF YOUR BROWSER TO LEAVE.
BEAST MODE MEDIA LTD.
TERMS OF USE
Last Updated: January 21, 2021
Thank you for using CoinBeast! Please read these terms of use (the “Terms”) carefully. These terms contain important information about your legal rights, remedies and obligations. By accessing or using the CoinBeast Platform of Platform Services, you agree to comply with and be bound by these terms and all applicable laws and regulations.
You should be aware that the risk of loss in trading or holding digital currencies such as, but not limited to, Bitcoin or Ethereum (“Digital Currencies”) can be substantial. As with any asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. Any information provided on the Website or the Platform shall remain on a purely informative basis and shall not, in no case whatsoever, constitute any financial, securities, or investment advice. Any User accessing or using the Platform shall do so at their own risk and peril.
These terms of use (these “Terms” or “Terms of Use”) constitute a legally binding agreement (the “Agreement”) between you and Beast Mode Media Ltd. (“CoinBeast”, the “Company”, “we”, “us”, or “our”) governing access to and use of the CoinBeast website and web-application at www.coinbeast.com and www.coinbeastconnect.com, including any subdomains thereof, and any other websites through which CoinBeast makes its services available (together, the “Website”), including any applicable web, mobile, tablet or other smart-device applications, and application program interfaces (collectively, the "Application") and all associated services (collectively, the "Platform Services"). The Website, Application and Platform Services are collectively referred to as the “Platform”.
Our collection and use of personal information in connection with your access to and use of the CoinBeast Platform is described in our Privacy Policy. You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our Website located at www.coinbeast.com, www.coinbeastconnect.com, or any part of the rest of the Website or the Platform Services.
This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time: our Privacy Policy. These agreements are collectively, with this Agreement, called the “Terms of Service”.
Subject to the conditions set forth herein, CoinBeast may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Website. CoinBeast will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Website, providing notice on the Website, and/or sending you notice by email. If the Substantial Change includes an increase to Fees charged by CoinBeast, CoinBeast will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”).
YOU UNDERSTAND THAT BY USING THE PLATFORM OR PLATFORM SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION IN SECTION 18 OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE PLATFORM OR THE PLATFORM SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS MAY BE PERMITTED HEREIN.
IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ORGANIZATION OR LAW FIRM, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ORGANIZATION TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ORGANIZATION.
1. Definitions
2. Scope of Platform Services
3. CoinBeast Accounts
4. Relationships on the CoinBeast Platform
5. Platform and Service Fees & Payment Terms
6. Records of Compliance
7. Warranty, Liability and Release
8. Access to our Website and Platform
9. User-Generated Content
10. Terms Specific to Pros
11. Right to Refuse
12. Non-Circumvention
13. Reviews, Ratings, Comments and Other Content
14. Intellectual Property
15. Feedback
16. Electronic Communications
17. Term and Termination
18. Disputes and Dispute Resolution
19. General
20. Acknowledgement
21. Inquiries
1. DEFINITIONS
The following terms are used throughout these Terms and have the specific meaning provided below:
“Account” means any User account on the CoinBeast Platform;
“Application” means, collectively, the CoinBeast Website together with any applicable mobile, tablet, or other smart-device applications and application program interfaces and all associated services;
“Aggregate Information” means information about Users we may collect we collect to create information that is aggregated and anonymized information that cannot be used to identify any natural person or Organization, in order to develop statistics and analytics about our Platform and improve the experience for Users on our Platform and the delivery of all services through our Website or Application. Though Aggregate Information may be derived from Personal Information, it is not Personal Information because it cannot be used to identify any natural person or Organization;
“Client” means the individual or Organization that requested the Services determined as follows: (i) if the user has requested services for his or herself, then Client means that individual who specifically requested the Services over the Platform; (ii) if the Account was created by a representative of an Organization, then the Client means that Organization;
“Pro” means the individual that the User agreed to engage with over the Platform based on the User’s indication to “book” such individual through the Application. For clarity, the term “Pro” does not necessarily denote that they are a licensed or registered Pro in any field or industry and is used simply and only for classification purposes;
“Pro Advice” means any content through any means given by a Pro, whether it be financial, investment, technical, legal, business, or accounting advice;
“including” or “include(s)” as used herein means including, without limitation;
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, country, territory or other jurisdiction;
“Job(s)” means an engagement for Services that a Pro provides to a User under a Services Contract which originated from initial contact or discovery on the Platform;
“Member” means any User, Client, Pro, or other Organization on our Platform;
“Services” means any services contemplated by the present Terms of Service or by a scope of work provided by a Pro to a User within a Quote, including any amended or supplemented services as may be requested by the User and agreed to be delivered by the Pro over the Platform;
“Services Contract” means an agreement by a Pro to provide Services to a User, and on the Platform in accordance with the Terms of Service;
“Organization” means any person other than a natural person, including a corporation, association (whether incorporated or unincorporated), society, partnership, limited partnership, trust, mutual fund, charity, or not-for-profit other than any governmental entity;
“Platform” or “CoinBeast Platform” means the Application, Website, and any associated services provided by CoinBeast;
“Payments Data Controller” means Stripe, Inc. and its affiliates, including Stripe Payments Canada, Ltd. (collectively, “Stripe”), the third-party payments service provider that is responsible for your Personal Information relating to the Payments Services which enables Users to pay for Services from Pros over the Platform;
“Payments Services” means the services provided by the Payments Data Controller in order to complete financial transactions over our Platform via the application-programming interface provided by the Payments Data Controller;
“Terms of Service” means the most recent version of the CoinBeast terms of service applicable to the Application as then posted on the Website at the following link: <link>;
“User”, “you”, or “your” refers to the individual that has visited the Website and/or Application and requested the Services over the Platform;
“User Content” means any comments, remarks, data, feedback, content, files, documents, text, photographs, images, video, music, or other information that you or any visitor or User post to any part of the Platform or provide to the Company, including such information that is posted as a result of questions; and
“Quote” means the cost and description of Services provided to a User by the Pro over the Platform or one or more Services listed by a Pro over the Platform in which the Pro has stated a fixed price or hourly rate applicable to the services stated in that listing and is available for a User to select over the Platform;
“Website” means the CoinBeast website located at www.coinbeast.com, www.coinbeastconnect.com, and web-application, including any subdomains thereof, and any other websites through which CoinBeast makes its services available.
2. SCOPE OF PLATFORM SERVICES
Section 2 discusses what CoinBeast does and does not do when providing the Platform and Platform Services and some of your responsibilities when using the Platform to provide or enter into a Services Contract as a Pro or User, as detailed below.
2.1 Purpose of CoinBeast
CoinBeast is not an investment, financial advisory, technical advisory, legal, business, or accounting firm and is not authorized to directly provide Services to Users. At no time does CoinBeast provide any Pro Advice. We provide an online marketplace that enables Users to easily, transparently and conveniently identify, hire, and meet with Pros over our Platform. You do need not to download or license any CoinBeast software to advertise, provide or obtain Services over our Platform. Our Platform provides features to allow Users and Pros to access, communicate and collaborate with each other to buy and sell Services online.
Subject to the Terms of Service, CoinBeast provides the Platform Services to Users, including hosting and maintaining the Website, facilitating the formation of Services Contracts, and assisting Users in resolving disputes which may arise in connection with those Services Contracts. When a User enters a Services Contract, the User uses the Website to invoice and pay any amounts owed under the Services Contract.
The Platform may include general information regarding Digital Currencies and recent events regarding the same. You acknowledge that Digital Currencies are very volatile, and that the information provided regarding Digital Currencies on the Platform should never be solely used when determining to invest, purchase, sell, or otherwise use any Digital Currencies. You must do your own research. At no time does CoinBeast review your answers for their sufficiency as Pro Advice, draw conclusions on your Pro Advice, provide Pro Advice, opinions, or recommendations about any investment, financial, technical, legal, business, or accounting strategies, or apply the law, economic, financial, or investment models, technical Proise, or accounting methods to the facts of your particular situation. CoinBeast is not an investment or an advisory firm nor is it a broker-dealer and may not perform services performed by any broker-dealer, advisor, or act or perform any restricted activities pursuant to applicable law. At no time is a broker-dealer, lawyer, accounting, or engineering and client relationship fostered or created with CoinBeast and the User. Any information publicly provided on our Platform is not a substitute for the advice or services of a Pro.
2.2 Relationship with CoinBeast
CoinBeast merely makes the Platform and Platform Services available to enable Pros and Users to find and transact directly with each other online. CoinBeast does not introduce Pros to Users, find meetings or seminars for Pros, or find Pros for Users. Through the Platform and Platform Services, Pros may be notified of Users that may be seeking the Services a Pro offers, and Users may be notified of Pros that may offer the Services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any meeting, session, seminar, Job, User or Pro on their own. If Users decide to enter into a Services Contract, that agreement is directly between the Users and CoinBeast is not a party to that Services Contract.
You acknowledge, agree, and understand that CoinBeast is not a party to the relationship or any dealings directly between User and Pro. Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) determining the suitability of other Users for a Services Contract; (c) negotiating, agreeing to, and executing any terms or conditions of Services Contract(s); or (d) paying for Service Contracts or Services.
You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Services Contract with another User and for verifying any information about another User, including their competency, Proise, or knowledge. CoinBeast does not make any representations about or guarantee the truth, quality, efficacy or accuracy of any Pro’s or User’s session, listing, meeting, or seminar or other User Content on the Platform; does not verify any feedback or information provided by Users about Pros or Users, as applicable; and does not vet or otherwise perform background checks on Pros or Users. You acknowledge, agree, and understand that CoinBeast does not, in any way, supervise, direct, control, or evaluate Pros or their work and is not responsible for any Services, meetings, sessions, or seminars. CoinBeast makes no representations about and does not guarantee, and you agree not to hold CoinBeast responsible for, the quality, reliability, accuracy, or effectiveness of Pros’ Services; the qualifications, background, or identities of Users; the ability of Pros to deliver Services; the ability of Users to pay for Services; User Content, statements or posts made by Users; or the ability or willingness of a User or Pro to actually complete a transaction.
You also acknowledge, agree, and understand that Pros are solely responsible for determining, and have the sole right to determine, which Jobs to accept; the time, place, manner, and means of providing any Services; the type(s) of Services to provide; and the price charged for their Services or how that pricing is determined or set.
Pros further acknowledge, agree, and understand that: (i) you are not an employee of CoinBeast, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) CoinBeast will not have any liability or obligations under or related to any Services Contracts and/or Services for any acts or omissions by you or other Users; (iii) CoinBeast is unable to and does not, in any way, supervise, direct, or control any Pro or Services; does not impose quality standards or a deadline for completion of any Services; and does not dictate the performance, methods or process a Pro uses to provide Services; (iv) Pros are free to determine when and if to perform Services, including the days worked and time periods of work, and CoinBeast does not set or have any control over such Pro’s pricing, work hours, work schedules, or work location, nor is CoinBeast involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Pro for a Job; (v) Pros will be paid at such times and amounts as agreed with a User in a given Services Contract, and CoinBeast does not, in any way, provide or guarantee Pro a regular salary or any minimum, regular payment; (vi) CoinBeast does not provide Pros with training or any equipment, labor, tools, or materials related to any Services Contract; and (vii) CoinBeast does not provide the premises or at which Pros will perform any work.
Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose. Users are free at all times to engage in such other business activities and services and are encouraged to do so.
While we may help facilitate the resolution of disputes, CoinBeast has no control over and does not guarantee (i) the quality, reliability, accuracy, or effectiveness of any Services, (ii) the truth or accuracy of any Job descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Pro or any third party on the Platform. CoinBeast does not endorse any Pro or Services. Any references to a Pro being "verified" (or similar language) only indicates that the Pro has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by CoinBeast about any Pro’s ability or quality. You should always exercise due diligence and care when deciding whether to hire a Pro, accept a Quote from a User, or communicate and interact with other Users, whether online or in person.
2.3 Marketplace Feedback and User Content
You hereby acknowledge and agree that Users publish and request CoinBeast to publish on their behalf information on the Platform about the User, such as feedback, composite feedback, geographical location, or verification of identity or credentials. However, such information is based solely on unverified data that Pros or Users voluntarily submit to CoinBeast and does not constitute and will not be construed as an introduction, endorsement, or recommendation by CoinBeast; we provide such information solely for the convenience of other Users, including Clients.
You acknowledge and agree that User feedback benefits the marketplace, all Users, and the efficiency of the Platform and you specifically request that CoinBeast post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Platform. You acknowledge and agree that feedback results for you, including your Pro Ratings and Reviews, wherever referenced, and other User Content highlighted by CoinBeast on the Platform or otherwise (“Composite Information”), if any, will include User comments, User ratings, indicators of User satisfaction, and other feedback left exclusively by Users, but only Users a Pro has provided Services to over the Platform. You further acknowledge and agree that CoinBeast will make Composite Information available to Users, including composite or compiled feedback. CoinBeast provides its feedback system as a means through which Users can share their opinions of other Pros publicly, and CoinBeast does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the business advertised in the Profile and not to any individual person. You agree not to use the Composite Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
CoinBeast does not generally investigate any remarks posted by Users or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory. CoinBeast is not legally responsible for any feedback or comments posted or made available on the Website by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, we reserve the right (but are under no obligation) to remove posted feedback or information that, in our sole judgment, violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with our business interests and the purposes of this Platform. You acknowledge and agree that you will notify us of any error or inaccurate statement in your feedback results, including the Composite Information, and that if you do not do so, we may rely on the accuracy of such information.
2.4 Referral or Affiliate Programs
From time to time, CoinBeast may implement a referral or affiliate marketing program to which Users may participate. CoinBeast reserves its right to amend the present Terms of Service to include additional terms and conditions pertaining to any referral or affiliate marketing program, which shall be compliant to any antitrust, competition, and consumer laws.
3. COINBEAST ACCOUNTS
Section 3 discusses what a User must agree to before using the Platform or Platform Services if they must open any account and the different types of accounts that can be created on the Platform, as detailed in this section.
3.1 Registration and Acceptance
A User may need to open an Account with us, from time to time and as specified on the Platform.
When you register for an Account to use the Platform or Platform Services, or by clicking to accept the Terms of Service when prompted on the Platform, you agree to abide by this Agreement and the other Terms of Service, as applicable.
To access and use certain portions of the Platform and the Platform Services, you may need to register for an Account. When applicable, subject to these Terms of Use, certain portions of the Website are available to Website visitors, including those portions before your Account registration is accepted. We reserve the right to decline a registration to join CoinBeast or to add an Account type as a User or Pro, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations. We expressly disclaim any obligation to provide you with reasons if we decline to register your Account.
If you create an Account as an employee or agent on behalf of an Organization, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the Organization.
3.2 Account Types
There may be two different Account types: Pros and Clients. Once you register for one Account type, you will not be able to add the other Account type under the same email address. When applicable, a User may only be either a Pro or Client on our Platform. For example, if you already have a Pro Account (defined below), you cannot add a Client Account as a separate account type in settings without re-registering. The Pro would have to create a new Account with a different email address to be a Client on the Platform. You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Platform or Platform Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
i. Client Accounts
An individual or an Organization may register for an Account or add an Account type to use the Platform and Platform Services as a User (a “Client Account”). Only one Client may be associated with a Client Account. However, any member of the Organization (a “Team Member”) may access the Client Account and has permission to act on behalf of the Client Account.
ii. Pro Accounts
You can register for an Account to use the Platform and Platform Services as a Pro (a “Pro Account”). An Pro can register an Account. All Pro Accounts are subject to strict eligibility and qualification accounts as set out in this Agreement. CoinBeast reserves the right to periodically or permanently remove your account from our Platform for any reason in our sole and unfettered discretion.
3.3 Account Eligibility
CoinBeast offers the Platform and Platform Services as a means for consumers and businesses to transparently and conveniently connect with Pros to obtain Services. When required, creating an Account to use our Platform is subject to the following eligibility restrictions.
To register either for a Client Account or a Pro Account or use the Platform and Platform Services as a User, you must, and hereby represent that you: (a) are an individual or you have or are an employee or agent of and authorized to act for an Organization; (b) will use the Platform and Platform Services for your or your Organization’s benefit; (c) if applicable, will comply with any licensing, registration, or other requirements personally or with respect to the Organization for which you are acting as you obtain Services; and (d) are a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in your jurisdiction of residence) and can form legally binding contracts.
3.4 Account Profiles
To register for an Account required to join the Platform as indicated explicitly on the Platform, you must complete a User profile (“Profile”). If you create a Pro Account, you consent to your profile be shown to other Users and the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Platform or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity, qualifications or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading. If you do provide any false or misleading information, we reserve the right to revoke your account immediately without advance notice.
3.5 Account Permissions
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your Organization. By granting other Users permissions under your Account, including as a Team Member, you represent and warrant that (a) the User is authorized to act on your or the Organization’s behalf; (b) you are financially responsible for the User’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account; and (c) you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account, including making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Platform. Upon closure of an Account, we may close any or all related Accounts.
3.6 Identity and Location Verification
When you register for an Account and from time to time thereafter, your Account may be subject to verification, which may include, but shall not be limited to, validation against third-party databases or the verification any necessary documents that confirm your identity, your location, and your ability to act on behalf of your Organization on CoinBeast. The requirement for identification and location verification contained in our Terms of Service are to foster an environment of trust and protect the safety, privacy and security of all Platform Users.
You hereby authorize CoinBeast, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents.
3.7 Usernames and Passwords
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. We will assume that any person using the Platform with your username and password, either is you or is deemed to be authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Website if (a) you are not authorized to use either or (b) the use would violate the Terms of Service.
4. RELATIONSHIPS ON THE COINBEAST PLATFORM
Section 4 discusses the relationship you may decide to enter into with another User on the CoinBeast Platform, including Services Contracts between Pros and Clients.
4.1 Services on the Platform
When a Client decides to engage a Pro to obtain Services, a contractual relationship is created directly between the Client and Pro. The Services Contract created when a Client hires a Pro on the Platform shall be governed by the Quote. The Client and Pro have complete discretion both with regard to whether to enter into a Services Contract with each other.
You acknowledge, agree, and understand that CoinBeast is not a party to any Services Contract, that the formation of a Services Contract between Users will not, under any circumstance, create an employment or other service relationship between CoinBeast and any Pro.
However, if the Client cannot attend the meeting, session, or seminar, Client must notify the Pro 48 hours prior to the meeting, session, or seminar, in which case the Pro shall recommend an alternative time or date.
4.2 Confidential information
Pros are obligated to keep all Client and prospective Client information confidential. The interactions on the Platform between Client’s and Pros are not intended to and will not affect the confidential nature of any communications. CoinBeast is not a party to any Services Contract between the Pro and Client and therefore not privy to direct communication between the Users. The Company has a common interest with the Users of the Platform to protect the confidential status of any information provided over the Platform. The Company may maintain confidential information, directly or indirectly, in a database maintained by the Company or a third-party provider, or the ability of the Company to create Aggregate Information or Composite Information about Users.
Pro agree to abide by all applicable law with respect to the confidentiality of User communications. Pros agree they will treat information received from a prospective User whom they interact with but are ultimately not hired by confidentially. Users acknowledge that Pros will be required to maintain certain communication for periods required by applicable law. If a Pro fails to uphold their obligation with respect to the protection of confidential information, the Company reserves the right to temporarily suspend or permanently delete the Pro’s Account and seem any other remedy which may be available under applicable law.
All Services, including meetings, sessions, or seminars may be recorded for quality assurance purposes. CoinBeast shall keep these recording confidential and shall not distribute or share them with anyone, unless requested by a Pro upon explicit and written consent from the Client. You expressly consent to such recordings and waive any privilege or professional secrecy for the above-mentioned reasons and pursuant to the Terms and Coinbeast’s Privacy Policy.
4.3 Third Party Beneficiaries
It is the intent of the Company and Users who are Party to this Agreement that Users who have entered into Services Contracts and who disclose or receive confidential information to another User are third-party beneficiaries of this Agreement with respect to this Section.
4.4 Disputes
For disputes arising between Clients and Pros, Clients agree to abide by the dispute process contained in these Terms, namely in the Arbitration Provision, and to attempt to informally resolve any dispute first. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that CoinBeast will not and is not obligated to provide any dispute assistance beyond what is provided in these Terms.
If a Pro or Client intends to obtain an order from any arbitrator or any court that might directly involve the legal rights or obligations of the Company or our, that party will (a) give us at least ten business days’ prior notice of the hearing; (b) include in any such order a provision that, as a precondition to obligation affecting the Company, we be paid in full for any amounts to which we would otherwise be entitled; and (c) be paid for the reasonable value of the services to be rendered pursuant to such order.
5. PLATFORM AND SERVICE FEES & PAYMENT TERMS
This Section 5 describes what service and administration fees you agree to pay to the Company in exchange for CoinBeast providing the Platform and Platform Services to you and what taxes we may collect, including your agreement to pay fees to Pros for Services, as detailed below.
CoinBeast may charge fees to Clients ("Client Service Fees") and/or Pros ("Pro Service Fees") (collectively, "Service Fees") in consideration for the use of the CoinBase Platform. More information about when Service Fees apply and how they are calculated are provided below.
5.1 Payment Agreements
CoinBase provides payment services to Users to deliver, hold, and/or receive payment for a Services Contract, and to pay fees to the Company (the “Payment Services”). The Payment Services are intended for business use, and you agree to use the Payment Services for the purposes of obtaining or providing Services over our Platform. CoinBeast will use and release funds for Service Fees only in accordance with this Agreement. Users hereby authorize and instruct CoinBeast to act agent in connection with the payment, processing, and routing of funds for each Job upon completion of the Services Contract. CoinBeast is not a bank or escrow agent. We utilize the Payments Data Controller to process, route and deliver funds under applicable laws and regulations for the purposes of providing Payment Services between Pros and Clients for Services provided on our Platform.
5.2 Service Fees for Pros
Pros pay CoinBeast Service Fees for the use of the Platform. CoinBeast charges Service Fees to Pros in accordance with these terms for using the Platform’s communication, invoicing, reporting, dispute resolution and payment services. The Service Fees (to use the Platform and Platform Services) are paid solely by Pro. Pros shall determine their own Pro Service Fees that they wish to charge on the Platform. When a Client pays a Pro for a Job, we will credit the Pro’s Account for the full amount paid or released or remit to the Pro the amounts, and then subtract and disburse to CoinBeast any Service Fees. The Pro hereby irrevocably authorizes and instructs CoinBeast to deduct the Service Fees for a Job and pay CoinBeast on the Pro’s behalf.
5.3 Payment Processing and Administrative Fees
Pros pay CoinBeast a fee for payment processing, administration related to the processing of Service Fees, and the use of Zoom and Calendly and disbursements attached thereto, paid by Clients through the Platform. These Service Fees are equivalent to 20% of the value of the Services, plus any applicable tax on said amount.
5.4 Disbursement Fees
Pros may pay CoinBeast a disbursement fee for remitting payments to their preferred payment method (a “Disbursement Fee”). The Disbursement Fee is paid to the Company in consideration of costs incurred and administration of disbursements via the disbursement method requested by the Pro and varies by disbursement method. The Disbursement Fee for each disbursement method will be listed under Fees and Schedules on the Platform and revised from time to time. Additional activation, maintenance, and account fees may be charged by the disbursement method requested by Pro.
5.5 Taxes
Pros acknowledge and agree that the Pro is solely responsible (a) for all tax liability associated with payments received from Clients through the CoinBeast Platform, and that CoinBeast will not withhold any taxes from payments to the Pro; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Pro is not covered by or eligible for any insurance from CoinBeast; (c) for determining whether CoinBeast is required by applicable law to issue any particular invoices for the Service Fees and for issuing any invoices so required; (d) for determining whether Pro is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Service Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if for determining if CoinBeast is required by applicable law to withhold any amount of the Service Fees and for notifying CoinBeast of any such requirement and indemnifying the Company for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of CoinBeast, Pros agree to promptly cooperate with CoinBeast and provide copies of the Pro’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Pro is engaging in an independent business as represented to CoinBeast.
5.6 Client Payments and Authorizations
The Client is obligated to immediately make payment for Quotes or Services from the bank account or credit card on file through the Payment Data Controller.
The Client acknowledges and agrees that for Quotes, that failure to decline or dispute an invoice or request for payment is an authorization and instruction to release payment. When Client authorizes the payment of the Service Fees for a Job on the Platform, Client automatically and irrevocably authorizes and instructs CoinBeast to charge the Client’s payment method on account for the Service Fees.
5.7 Payments to Pros
Under this Agreement, CoinBeast disburses funds that are available and payable to a Pro 28 days following when a Client enters into a Services Contract or requests for Services and Client authorization to process payment at the latest. We will automatically disburse available funds to Pros upon processing of payment for the Services in accordance with the policies of our Payments Data Controller.
Notwithstanding any other provision of the Terms of Service, and except as prohibited by applicable law, if we believe, in our sole discretion, that you have violated the conditions and restrictions of the Platform or the Terms of Service, including by committing or attempting to commit fraud or other illicit acts on or through the Platform, we may refuse to process or may hold the disbursement of the Service Fees and take such other actions with respect to your as we deem appropriate in our sole discretion and in accordance with applicable law. Without limiting the foregoing, the Company, in its sole discretion and to the extent permitted by applicable law, may also refuse to process or may hold the disbursement of the Service Fees or any other amounts and offset amounts owed to us if: (a) we require additional information, such as Pro’s tax information, government-issued identification or other proof of identity, address, or date of birth; (b) we have reason to believe the Service Fees may be subject to dispute or chargeback; (c) we suspect fraud; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under this Agreement or other Terms of Service; or (e) we deem it necessary in connection with any investigation or required by applicable law. If, after investigation, we determine that the hold on the disbursement of the Service Fees is no longer necessary, we will release such hold as soon as practicable.
In addition, notwithstanding any other provision of the Terms of Service and to the extent permitted by applicable law, we reserve the right to seek reimbursement from you, and you will reimburse us, if we: (i) suspect fraud or criminal activity associated with your payment, withdrawal, or Services Contract; (ii) discover erroneous or duplicate transactions; or (iii) have supplied our services in accordance with this Agreement yet we receive any chargeback from the Payment Method used by you, or used by your Client if you are a Pro, despite our provision of the Platform Services in accordance with this Agreement. You agree that we have the right to obtain such reimbursement by instructing the Company to (and we will have the right to) charge the applicable account you hold with us, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your payment method, or obtaining reimbursement from you by any other lawful means. If we are unable to obtain such reimbursement, we may, in addition to any other remedies available under applicable law, temporarily or permanently revoke your access to the Platform and Platform Services and close your Account.
5.8 Non-Payment
When applicable, if Client is in “default”, meaning the Client fails to pay the Service Fees or any other amounts when due under the Terms of Service, or a written agreement for payment terms incorporating the Terms of Service (signed by an authorized representative of CoinBeast), we will be entitled to the remedies described in this Section in addition to such other remedies that may be available under applicable law or in such written agreement.
For the avoidance of doubt, when applicable, Client will be deemed to be in default on the earliest occurrence of any of the following: (a) Client fails to pay the Service Fees when due, (b) Client fails to pay a balance that is due or to bring, within a reasonable period of time but no more than 21 days, an account current after a credit or debit card is declined or expires, (c) Client fails to pay an invoice issued to the Client by CoinBeast within the time period agreed or, if none, within 21 days, (d) Client initiates a chargeback with a bank or other financial institution resulting in a charge made by CoinBeast for Service Fees or such other amount due being reversed to the Client, or (e) Client takes other actions or fails to take any action that results in a negative or past-due balance on the Client’s account.
If Client is in default, CoinBeast may, without notice, temporarily or permanently close Client’s Account, if any, and revoke Client’s access to the Platform and Platform Services, including Client’s authority to use the Platform to process any additional payments, enter into Service Contracts, or obtain any additional Services from other Pros through the Website. However, Client will remain responsible for any amounts that accrue on any open Jobs at the time a limitation is put on the Client’s Account as a result of the default and shall undertake to pay any amounts immediately. Without limiting other available remedies, Client must pay CoinBeast upon demand for any amounts owed, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
CoinBeast, at the Company’s discretion and to the extent permitted by applicable law, may set off amounts due against other amounts received from Client or held by CoinBeast for Client, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any investigation or prosecution.
5.9 No Return of Funds
Client acknowledges and agrees that CoinBeast will charge Client’s designated Payment Method for the Service Fees incurred as described in this Agreement once CoinBeast charges or debits the Client’s designated Payment Method for the Service Fees, the charge or debit is non-refundable, except as otherwise required by applicable law or by these Terms. Client also acknowledges and agrees that the Terms of Service provide a dispute resolution process as a way for Client resolve disputes. To the extent permitted by applicable law, Client therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any Service Fees, Service Fees or other fees charged pursuant to the Terms of Service for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Terms of Service. If Client initiates a chargeback in violation of this Agreement, Client agrees that we may dispute or appeal the chargeback and institute collection action against Client and take such other action we deem appropriate.
Notwithstanding the above, if Pro does not provide Services after entering into a Services Contract, such as the Pro does not show up to a meeting, session, or seminar, Client may request a refund pertaining to that specific Service, meeting, session, or seminar.
5.10 Payment Methods
In order to use certain Platform Services, Clients and Pros must provide account information for at least one valid Payment Method. Users hereby authorizes CoinBeast to run credit card authorizations on all credit cards provided by Client, to store credit card and banking or other financial details as Client’s method of payment consistent with our Privacy Policy, and to charge Client’s credit card (or any other Payment Method) for the Service Fees and any other amounts owed under the Terms of Service. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information, including but not limited to the Payments Data Controller. Payment Methods will be charged by the Payments Data Controller.
By providing Payment Method information through the Website and authorizing payments with the Payment Method, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to make payments using the Payment Method(s); (c) if Client is an employee or agent of an Organization or person that owns the Payment Method, that Client is authorized by the Organization or person to use the Payment Method to make payments on the CoinBeast Platform; and (d) such actions do not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the Platform, Client represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, CoinBeast is not liable to any User if we do not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. CoinBeast will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with this Agreement.
6. RECORDS OF COMPLIANCE
Users will each (a) create and maintain records to document satisfaction of their respective obligations under this Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (b) provide copies of such records to the Company upon request. Nothing in this subsection requires or will be construed as requiring CoinBeast to supervise or monitor a User’s compliance with this Agreement, the other Terms of Service, or a Service Contract. You are solely responsible for creation, storage, and backup of your business records.
CoinBeast agrees that it will either (i) store, backup, retain, or grant access to any information or data for each Client job or matter for the period request by a Pro to maintain that record under applicable legislation or (ii) provide a Pro with a complete record of its job with the Client following completion of that job as indicated by the Pro.
7. WARRANTY, LIABILITY AND RELEASE
7.1 Warranty Disclaimer
You agree not to rely on the Website, the Platform Services, any information on the site or the continuation of the Platform. You also agree that all information provided to you via the Platform is purely educational and shall not The Platform and the Platform Services are provided on and “as is” and an “as available” basis. CoinBeast makes no representations or warranties with regard to the Website, the Platform Services, sessions, meetings, seminars, or any activities or items related to this Agreement or the Terms of Service. To the maximum extent permitted by applicable law, the Company disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the above limitations may not apply to you. Section 17 (Term and Termination) states User’s sole and exclusive remedy against CoinBeast with respect to any defects, non-conformances, or dissatisfaction.
7.2 Limitation of Liability
CoinBeast is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
ADDITIONALLY, IN NO EVENT WILL COINBEAST, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS, AS APPLICABLE, BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF COINBEAST, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $2,500; OR (B) ANY FEES RETAINED BY COINBEAST WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT OR PRO DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM.
THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
7.3 Release
This Section discusses your agreement not to hold us responsible for any dispute you may have with another User, as detailed below.
In addition to the recognition that CoinBeast is not a party to any Services Contract between Users, you hereby release the Company, our affiliates, and our respective officers, directors, agents, subsidiaries, partners, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this Agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Services provided to Client by a Pro and requests for refunds based upon disputes in connection therewith
TO THE MAXIMUM EXTENT APPLICABLE BY LAW, YOU HEREBY WAIVE THE PROTECTIONS OF ANY LEGISLATION OR ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
This release will not apply to a claim that we failed to meet our obligations under the Terms of Service.
7.4 Indemnification
This Section discusses your agreement to pay for any costs or losses we have as a result of a claim brought against us related to your use of the Platform or Platform Services or your illegal or harmful conduct, as detailed below.
You will indemnify, defend, and hold harmless CoinBeast, our affiliates, and our respective directors, officers, employees, representatives, partners, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Platform and the Platform Services by you or your agents, including any payment obligations or default incurred through use of the Platform Services; (b) any Services Contract entered into by you or your agents, including, but not limited to, the classification of a Pro as an independent contractor; the classification of CoinBeast as an employer or joint employer of Pro; any employment-related claims, including any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section, your agents include any person who has apparent authority to access or use your Account demonstrated by using your username and password.
“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.
“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.
8. ACCESS TO OUR WEBSITE AND PLATFORM
This Section describes when and the conditions under which Users are allowed to access or use the Website. Some visitors to our Website simply visit the publicly available portions of our Website or use the public portions of our Platform. If you do not agree to these Terms of Use, you may not visit, use, or access the Website as a User or otherwise and may not click to accept the Terms of Service when prompted on the Website.
We may make access to and use of the CoinBeast Platform, or certain areas or features of the Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Pro’s booking and cancellation history. You may need to register an account (a "CoinBeast Account") to access and use certain features of the CoinBeast Platform, such as publishing Quotes, responding to Client inquiries for Quotes or hiring a Pro over the Platform. If you are registering a CoinBeast Account for a business, organization or other legal entity, you represent and warrant that you have the capacity and authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
8.1 Ownership
This Platform is owned and operated by Beast Mode Media Ltd. All right, title and interest in and to the materials provided on our Platform, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by CoinBeast or by our respective third-party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by CoinBeast, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Website or on any Applications shall be construed to confer any license under any of our Intellectual Property Rights, whether by estoppel, implication or otherwise. We do not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by CoinBeast. Any rights not expressly granted herein are reserved by the Company.
8.2 Limited Website License
CoinBeast hereby grants you a limited license to access the Website and Platform Services. This license is subject to and conditioned on compliance with the Website Terms of Use and, to the extent applicable, the rest of the Terms of Service.
We strive to keep our Website and the Platform Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Platform Services. In fact, we might even stop providing certain features without notice.
8.3 Termination of the Limited Website License
CoinBeast may terminate any license it has granted to any Website visitor or User to access the Platform and Platform Services by providing notice, and the termination of such license shall be effective immediately upon CoinBeast providing such notice.
8.4 Permitted Uses
CoinBeast offers the Website and Platform Services for personal, consumer, household and business purposes. We make the Website and Platform Services available for Users to find one another, enter into service relationships, make and receive payments, and receive and provide Services. In addition, certain Platform Services, may be used to obtain, general information and articles that we believe may be of interest to Platform visitors and Users. While we try to ensure that any information we post is both timely and accurate, errors may appear from time to time. We do not make any representations or warranties with respect to any information that is posted on the Platform by us or anyone else. In no event should any content be relied on or construed as any advice whatsoever or otherwise, except if obtained through a Services Contract. You should independently verify the accuracy of any content.
8.5 Prohibited Uses
Users are not permitted to use, or encourage, promote, facilitate, instruct or induce others to use, the Platform or Platform Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
The following are examples of uses that are prohibited on the Website or when using the Website Services:
8.6 Enforcement
CoinBeast reserves the right, but does not assume the obligation, to investigate any potential violation of this Section or any other potential violation of the Terms of Service and to remove, disable access to, or modify any content on the Platform. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement or the Terms of Service.
8.7 Reporting and Collecting Violations
If you become aware of any violation of the Terms of Service, you must immediately report it to the Company. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of the Terms of Service.
9. USER-GENERATED CONTENT
CoinBeast may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store User Content, such as text, photos, audio, documents, files, video, or other materials and information on or through the CoinBeast Platform; and (ii) access and view User Content and any content that CoinBeast itself makes available on or through the CoinBeast Platform, including proprietary CoinBeast content and any content licensed or authorized for use by or through CoinBeast from a third party ("Company Content" and together with User Content, "Collective Content").
9.1 Legal Protection and Ownership
The CoinBeast Platform, Company Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the CoinBeast Platform and Company Content, including all associated Intellectual Property Rights, are the exclusive property of CoinBeast and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the CoinBeast Platform, Company Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of CoinBeast used on or in connection with the CoinBeast Platform and Company Content are trademarks or registered trademarks of the Company in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the CoinBeast Platform, Company Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
9.2 Restrictions
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the CoinBeast Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CoinBeast or its licensors, except for the licenses and rights expressly granted in these Terms, if any.
9.3 Limited License
Subject to your compliance with these Terms, CoinBeast grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the CoinBeast Platform and accessible to you, solely for your personal and non-commercial use.
9.4 License to Platform
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the CoinBeast Platform, you grant the Company a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the CoinBeast Platform, in any media or platform. Insofar as User Content includes personal information, such User Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, we do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
9.5 Content Ownership
You are solely responsible for all User Content that you make available on or through the CoinBeast Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the CoinBeast Platform or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in and to such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of such User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We respect copyright law and expects our Users to do the same. If you believe that any content on the CoinBeast Platform infringes copyrights you own, please contact us at <link here.="">
10. TERMS SPECIFIC TO PROS
10.1 Quotes
When creating a Quote on the CoinBeast Platform, you must (i) provide complete and accurate information about the Services associated with that Quote, (ii) set out the agenda and explanation of the Services and any applicable restrictions or limitations or requirements that apply to that Quote and (iii) provide the price for the Services associated with the Quote.
10.2 Prices
You are solely responsible for setting prices for your Quotes including taxes, as applicable, or other charges for the applicable Services. When providing Quotes to Clients, the prices shown must be all inclusive of Service Fees, and other charges. The total price must be shown to the Client prior to booking the Job.
10.3 Profile and Listing Placement
The placement and ranking of a Pro’s Profile and Quote in search results on the Platform may vary and depend on a variety of factors, such as User search parameters and preferences, Pro requirements, price, responsiveness, cancellation history, Reviews and Ratings, type of Services, and/or ease of booking.
10.4 Legal Relationship
When a Client approves your Quote and you accept or have pre-approved a request by a Client, you are entering into a legally binding agreement with the Client and are required to provide your Services to the Client as described in the Quote when you are hired. You also agree to pay the applicable Pro Service Fee and any applicable Taxes.
11. RIGHT TO REFUSE
You acknowledge that CoinBeast reserves the right to refuse service to anyone and to cancel User access at any time, subject to any restrictions under applicable law.
12. NON-CIRCUMVENTION
This Section 12 discusses your agreement to make and receive payments only through CoinBeast for two years from the date you first meet your Client or Pro on the Website, unless you pay a Disintermediation Fee, as detailed below.
12.1 Payments Through the Platform
You acknowledge and agree that (a) CoinBeast used a substantial amount of labour and effort to develop our Platform to enable Clients to conveniently and transparently hire Pros online and (b) a substantial portion of the compensation CoinBeast receives for making the Platform available to Users is collected through the Service Fees described in these Terms.
We only receive a Service Fee when a Client and a Pro pay and receive payment through the Platform. Therefore, for the later of (i) 24 months from the time you identify or are identified by any party through the Platform or (ii) the duration of the Services Contract or Job created through introduction or discovery on the Platform (the “Non-Circumvention Period”), you agree to use the Platform as your exclusive method to request, make, and receive all payments for Services directly or indirectly with that Pro or Client or arising out of your relationship with that party facilitated by CoinBeast (the “CoinBeast Relationship”).
For the avoidance of doubt, if you, or the Organization you represent, did not identify and were not identified by another party through the Platform, such as if you and another User worked together before meeting on the Platform, then the Non-Circumvention Period does not apply. If you use the Platform as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business when acting in that capacity with respect to the other User.
You agree not to circumvent the Payment Methods offered by the Platform. By way of illustration and not in limitation of the foregoing, you agree not to:
You agree to notify CoinBeast immediately if a person suggests to you making or receiving payments outside of the Platform in violation of this Section. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to CoinBeast by sending an email message to: help@coinbeast.com.
12.2 Circumvention Policy and Fees
Except as provided for in Section 12.3 below, Users represent and warrant, and acknowledge that the Company is relying upon this representation and warranty, they will not circumvent or attempt to circumvent these Terms to in any way attempt to procure or provide Services off of the CoinBeast Platform except as provided by these Terms.
If a Client solicits a Pro to take the CoinBeast Relationship off of the Platform and make payment for Services other than in accordance with Section 12.1, then the Client agrees to pay a one-time fee (the “Disintermediation Fee”) equal to the greater of: (i) $2,500, or (ii) 50% the amount actually paid by the Client to the Pro for Services for which payment was processed other than through the Platform and (iii) 50% of the amount of a Quote provided by a Pro to the Client on the Platform.
If a Pro obtains a request for a Job or is otherwise identified by a Client through the Platform, and the Pro solicits the Client to make payment other than in accordance with Section 12.1, to make payment for Services originated through a CoinBeast Relationship, then the Pro agrees to pay a Disintermediation Fee to the Company of $5,000.
12.3 Recruiting from Platform
If any Client agrees to hire a Pro as a full-time employee following their introduction to that Pro through the CoinBeast Platform, the Client agrees it will pay the Company a recruitment fee equal to the greater of: (i) $5,000 or (ii) 15% of the Pro’s first-year employment salary.
13. REVIEWS, RATINGS, COMMENTS AND OTHER CONTENT
Within a certain timeframe after obtaining Services, Clients can leave a public review (a “Review”) and submit a star rating (a “Rating”) about the Pro that they worked with. Ratings or Reviews reflect the opinions and experiences of individual Clients and do not reflect the opinion of CoinBeast about any Pro.
Ratings and Reviews by Clients of Pros must be truthful, accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 9 (User-Generated Content) and must comply with our policies. As legal matters are sensitive, any Review and Rating should be solely based on the Client’s experience with the Pro and the session, meeting, or seminar and not based on the particular outcome of a given situation.
Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Pro. Ratings and Reviews are part of a Pro’s public profile and may also be surfaced elsewhere on the CoinBeast Platform together with other relevant information such as number of sessions, meetings, or seminars, number of cancellations, average response time and other information.
14. INTELLECTUAL PROPERTY
14.1 Our Intellectual Property
CoinBeast and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Platform and the Platform Services. The CoinBeast logos and names are trademarks of CoinBeast and CoinBeast reserves its right to register its trademarks in certain jurisdictions at any time. All other product names, company names, marks, logos, and symbols on the Platform or connected to Platform Services may be the trademarks of their respective owners. Nothing in the Terms of Service grants you a right to use any CoinBeast trademarks. All images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of CoinBeast. All Website design, text, graphics, the selection and arrangement thereof, Copyright ©, CoinBeast Inc. ALL RIGHTS RESERVED.
14.2 Your Intellectual Property
i. Obligation and Indemnification
You are solely responsible for your use of the Platform and any content you post on the Platform, and that if someone makes a claim against CoinBeast because of your content that you will pay CoinBeast for our fees and expenses, as detailed below:
When you post User Content on the Website or through the Platform Services or provide CoinBeast with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you represent and warrant that you have the right, power, and authority to (a) post that User Content without violating the rights of third parties, and (b) grant the licenses specified below.
You acknowledge and agree that the poster of User Content, and not CoinBeast, is responsible for any User Content including any harms caused to you, another User, or a third party by such User Content.
You will indemnify, defend, and hold harmless CoinBeast, our affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.
ii. Your Rights & License to CoinBeast and Website Visitors
By posting content on the Platform, you give others certain limited rights to that content.
You retain all ownership rights in any User Content you post on CoinBeast. To the extent permitted by applicable law, you also grant CoinBeast and our successors and affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Platform and CoinBeast’s, our successors’ and affiliates’ businesses, including, without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User and each Website visitor a non-exclusive license to access your User Content through the Platform and to use, reproduce, distribute, and display such User Content to the extent permitted through the normal functionality of the Website and subject to all applicable confidentiality and other provisions of the Terms of Service, our Privacy Policy, and applicable law.
14.3 Third Party Intellectual Property
Third parties, including other Users, are responsible for content posted or linked on the Website.
Any information or content expressed or made available by a third party or any other Website visitor or User is that of the respective author(s) or distributor(s) and not of the Company. CoinBeast neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Website by anyone other than our authorized agents acting in their official capacities.
The Platform may contain links to third-party websites. The Platform may also contain applications that allow you to access third-party websites via our Platform. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Website does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed via the Platform is on an “as is” and “as available” basis without any warranty for any purpose.
14.4 Compliance with Intellectual Property Laws
When accessing the CoinBeast Platform, Platform Services or obtaining Services on our Platform, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Platform and Platform Services is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Account.
CoinBeast reserves the right to immediately remove any content, article or materials that have infringed on the rights of CoinBeast or of a third party or that violate intellectual property rights generally. Our policy is to remove such infringing content or materials and investigate such allegations immediately.
14.5 Infringement
If we find that any User has infringed the rights of the Company or of a third party, or otherwise violated any intellectual property laws, we may immediately suspend and/or terminate such User’s access to the Platform and any Platform Services. The Company's will act promptly upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, please provide the Company with notice via email to help@coinbeast.com.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a written notice containing the following information to the Company: (1) your physical or electronic signature; (2) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the Province of Quebec and District of Montreal, and a statement that you will accept service from the person who provided notification of the alleged infringement. If we receive such a notice, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
15. FEEDBACK
We welcome and encourage our Users to provide feedback, comments, ideas and suggestions about the Platform and Platform Services, including, without limitation, how to make improvements to the our Platform and Platform Services (“Feedback“). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. You may submit Feedback by emailing us, through the Website, or by other means of communication. By submitting any Feedback, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place CoinBeast under any fiduciary or other obligation, (b) your ideas do not contain the confidential or proprietary information of third parties. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. You further acknowledge and agree that, by acceptance of your submission, CoinBeast does not waive any rights to use similar or related ideas, including those known or developed by the Company or obtained from sources other than you.
16. Electronic Communications
In connection with the Terms of Service, you may be entitled to receive certain records from CoinBeast or our affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Platform and the Platform Services, you give us permission to provide these records to you electronically instead of in paper form.
17. TERM AND TERMINATION
17.1 Termination
This Section discusses your and our agreement about when and how long this Agreement will last, when and how either you or CoinBeast can end this Agreement, and what happens if either of us ends the Agreement, as detailed below.
Unless both you and CoinBeast expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to help@coinbeast.com. In the event you properly terminate this Agreement, your right to use the Platform and Platform Services is automatically revoked, and your Account will be closed. CoinBeast is not a party to any Services Contract between Users. Consequently, you understand and acknowledge that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Services Contract or Job entered into between Users. If you attempt to terminate this Agreement while having one or more open Jobs, you agree: (a) you hereby instruct CoinBeast to close any open contracts; (b) you will continue to be bound by this Agreement and the other Terms of Service until all such Jobs have closed on the Platform; (c) CoinBeast will continue to perform those Website Services necessary to complete any open Job or related transaction between you and another User; and (d) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Service Contracts, whichever is later, to CoinBeast for any Platform Services or such other amounts owed under the Terms of Service and to any Pros for any Services.
Without limiting our other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke access to the Platform or Platform Services, deny your registration, or permanently revoke your access to the Platform and refuse to provide any or all Platform Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or CoinBeast or our affiliates; may be contrary to the interests of the Platform or the User community; or may involve illicit or illegal activity. If your Account is temporarily or permanently closed, you may not use the Platform under the same Account or a different Account or reregister under a new Account without CoinBeast’s prior written consent. If you attempt to use the Platform under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available payment method to pay for any amounts owed by you to the extent permitted by applicable law.
You acknowledge and agree that the value, reputation, and goodwill of the Platform depend on transparency of User’s Account status to all Users, including both yourself and other Users who have entered into Service Contracts with you. You therefore agree as follows:
IF COINBEAST DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, THE COMPANY HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT COINBEAST WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.
17.2 Account Data
Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Platform and that that any closure of your Account may involve deletion of any content stored in your Account for which CoinBeast will have no liability whatsoever. The Company, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
17.3 Survival
After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or CoinBeast from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
18. DISPUTES AND DISPUTE RESOLUTION
Section 18 discusses your agreement with CoinBeast and our agreement with you about how we will resolve any disputes, including that we will both first try to resolve any dispute informally and that we both agree to use arbitration instead of going to court if we can’t resolve the dispute informally, as detailed below.
18.1 Disputes between CoinBeast and Platform Users
If a dispute arises between you and CoinBeast or our affiliates, our goal is to resolve the dispute quickly, cost-effectively, and in a friendly manner. Accordingly, you, CoinBeast, and our affiliates agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, the other Terms of Service, your relationship with CoinBeast (including without limitation any claimed employment with CoinBeast or one of our affiliates or successors), the termination of your relationship with CoinBeast, or the Platform Services (in this Section 18 each, a “Claim”) in accordance with this Section 18 (sometimes referred to as the “Arbitration Provision”).
18.2 Scope of Claims
Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes, or controversies arising out of or relating to this Agreement, the Terms of Service, any Services Contract, payments or agreements, any payments or monies you claim are due to you from the Company or our affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, termination, discrimination, retaliation or harassment and claims arising under and all legislated provincial, state or federal claims arising out of or relating to your relationship with CoinBeast or the termination of that relationship.
18.3 Choice of Law
These Terms of Use, the Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the Province of Quebec.
18.4 Informal Dispute Resolution
Before serving a demand for arbitration of a Claim, you agree with the Company to first notify each other of the Claim or potential Claim. You agree to notify CoinBeast of the Claim at by email to help@coinbeast.com, and the Company agrees to provide to you a notice at your email address on file (in each case, a “Notice”). You and the Company then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or CoinBeast, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and the Company will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
18.5 Binding Arbitration and Waiver
This Arbitration Provision applies to all Users. In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, the Company, and our affiliates (if applicable) agree to resolve the Claim by final and binding arbitration before a neutral arbitrator selected by the Company instead of a court.
18.6 Scope, Place and Rules of Arbitration Agreement
This Arbitration Provision applies to any Claim (defined above) the parties may have and survives after your relationship with CoinBeast ends. Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes or controversies arising out of or relating to this Agreement or the Terms of Service. This Arbitration Provision is intended to apply to the resolution of any disputes arising out of or in connection with the Terms of Service that otherwise would be resolved in a provincial or federal court of law or before a forum other than arbitration.
Except as otherwise provided herein, arbitration will be conducted in Montreal, Quebec. Arbitration of disputes brought by a User that allege a violation of a consumer protection statute also will be subject to this Arbitration Provision, and such arbitrations will be conducted in accordance with this Agreement. The applicable. Any dispute regarding the applicability of a particular set of rules shall be resolved exclusively by the arbitrator. Any party will have the right to appear at the arbitration by telephone and/or video rather than in person.
You and the Company will follow the applicable arbitration rules with respect to arbitration fees. In any arbitration with a Pro, the Pro will pay arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted, with CoinBeast to make up the difference, if any. In any arbitration in which a User makes a claim under a consumer protection statute, the User will pay arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted, or $250.00, whichever is less, with CoinBeast to make up the difference, if any. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
Notwithstanding any other provision of this Agreement, no amendment to this Arbitration Provision will apply to any matter pending in an arbitration proceeding brought under this Section 18 unless all parties to that arbitration consent in writing to that amendment.
18.7 Enforcement and Interpretation
This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. Except as otherwise provided in this Arbitration Provision, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Provision, this Agreement, or any other part of the Terms of Service is void or voidable.
In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver below of this Arbitration Provision is deemed to be unenforceable, you and CoinBeast agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
18.8 Class Action Waiver
Where applicable, both you and the Company agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. Where applicable, there will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (the “Class Action Waiver”). Notwithstanding any other provision of this Agreement or the applicable arbitration rules, where applicable, disputes regarding the enforceability, revocability, scope, or validity or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. You and CoinBeast agree that you will not be retaliated against, disciplined or threatened with discipline as a result of your filing or participating in a class or collective action in any forum. However, we may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver under the applicable law and seek dismissal of such class or collective actions or claims.
19. GENERAL
19.1 Governing Law
These Terms will be interpreted in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. Any legal proceedings that are excluded from the Arbitration Agreement in Section 18 must be brought in the District of Montreal, Quebec unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Montreal, Quebec.
19.2 Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
19.3 Non-Assignasbility
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without our prior written consent. CoinBeast may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
19.4 Waiver
Our failure to enforce any right or provision in these Terms 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 these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
19.5 No Economic Relationship
No joint venture, partnership, employment, or agency relationship exists between you and CoinBeast as a result of this Agreement or your use of the CoinBeast Platform.
19.6 Entire Agreement
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Terms of Service constitute the entire Agreement between CoinBeast and the User pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between CoinBeast and you in relation to the access to and use of the CoinBeast Platform.
19.7 Modification and Waiver
CoinBeast reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the CoinBeast Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Platform will be deemed to constitute acceptance of such revised Terms.
20. ACKNOWLEDGEMENT
BY USING THE COINBEAST PLATFORM, PLATFORM SERVICES OR ACCESSING THE WEBSITE SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
21. INQUIRIES
BY USING OR ACCESSING THE COINBEAST WEBSITE OR PLATFORM, USING ANY PLATFORM SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER OR EMAIL TO US VIA THE WEBSITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO COINBEAST, AND THAT WE MAY CONTACT YOU AT THE NUMBER OR EMAIL SUBMITTED EVEN IF SUCH NUMBER APPEARS IN ANY DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
If you have any questions about these Terms please email us at help@coinbeast.com.
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