Reclaim crypto general terms and conditions
Last updated: 1st February, 2021
- “Client” – Participant of Programme, chosen by Confirm (as defined below) and Partner (as defined below), whose claim is a Feasible Claim (as defined below), and who is entitled to sign Commercial Agreement (as defined below) with Coinfirm and Partner and to grant Coinfirm and Partner Power of Attorney (as defined below);
- “Coinfirm”, “Company”, “we” – Coinfirm Limited, a company operating under laws of England and Wales with its registered address at Lansdowne House 5th Floor, 57 Berkeley Square, W1J 6ER London, United Kingdom and our registered company number is 10027965;
- “Commercial Agreement” – agreement signed between Coinfirm, Partner and Client, which provides for and regulates all rights and obligations concerning the process of recovering funds within the Feasible Claim;
- “Company Website” – website at https://www.coinfirm.com/
- “Consumer” – an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession;
- “Business Day” – any day which is not a Saturday or Sunday or a Bank Holiday;
- “Bank Holiday” – a public holiday in UK or in Poland;
- “Feasible Claim” – claim chosen by Coinfirm and Partner from all of submitted Detailed Reclaim Requests, which is highly feasible to recover, and which met all prescribed requirements set by Coinfirm;
- “Group of Victims” – group of Participants represented by one duly authorized Participant;
- “Detailed Reclaim Request” – description of Participant claim, containing, the minimum, the following details of the case:
10.1. If Participant is natural person:
- Email address;
- Amount of funds lost, with specification of type of currencies and assets;
- Wallet address;
- Date of birth;
- Phone number;
- Country of residence;
- Evidence (any data or files concerning claim, which makes claim plausible);
10.2. If Participant is legal entity or other entity with capability to undertake legal actions:
- Full legal entity name;
- Registered address;
- Company number;
- Email address;
- Amount of funds lost, with specification of type of currencies and assets;
- Wallet address;
- Phone number;
- Evidence (any data or files concerning claim, which makes claim plausible);
- Name and Surname of entity representative;
11. “Initial Feasibility Assessment” – assessment conducted by Coinfirm, which allows to find out if Detailed Reclaim Request is a Feasible Claim;
12. “Kroll” – Kroll Associates U.K. Limited a company incorporated in England, whose registered address is at The Shard, 32 London Bridge Street, London, England, SE1 9SG;
13. “Legal Office” – suitable legal office or legal entity, with expertise in recovering lost funds and/or class action lawsuits;
14. “Letter of intent” – agreement signed between Coinfirm and Participant, which provides for and regulates intention of parties to conclude Commercial Agreement in future, and in which Participant agrees to perform the Initial Feasibility Assessment;
15. “Litigation Funder” – entity, which agrees to finance litigation in exchange for agreed % of recovered funds;
16. “Minimum Threshold” – minimal amount of funds lost, required to take further actions aimed at emerging Feasible Claims from Detailed Reclaim Requests; required amount of Minimum Threshold is specified in the Section V Clause 3 hereinbelow;
17. “Participant” or “you” or “your” – any natural person or legal person or other entity applying to join or taking part in the Programme;
18. “Partner” – entity specialised in money-laundering, fraud and bribery investigations. One of Coinfirm trusted Partner is Kroll. Coinfirm may, in its own discretion, assign chosen Partner to specific Detailed Reclaim Request, depending on its characteristic;
19. “Power of Attorney” – is a written authorization, given by Participant to act on his/her behalf;
20. “Programme” – Coinfirm’s Reclaim Crypto Programme;
21. “Programme Website” – website at https://www.coinfirm.com/products/reclaim-crypto/;
22. “Priority Claim” – is claim of Participant reviewed in special manner set out the Section V Clause 2 of the document herein;
23. “Prioritizing Fee” – fee payable by Client to Coinfirm for choosing the prioritize option to make the claim the Priority Case, as indicated in Coinfirm’s reply (inclusive of value added tax);
24. “Referral Link” – the URL link unique for every Participant, which leads directly to form, which allows submitting Detailed Reclaim Request;
25. “Fee” – amount payable for services provided under the Commercial Contract;
26. “Terms” – Reclaim Crypto General Terms and Conditions.
II. THIS AGREEMENT
- These Terms provide for and regulate all rights and obligations between the Coinfirm and Participant.
- These Terms apply to the Programme. You will be required to confirm that you agree to be bound by these Terms during the registration process. Please read them carefully and make sure that you understand them before you accept them.
III. PURPOSE OF THE PROGRAMME
- The Programme is designed to emerge Feasible Claims, which are highly feasible to recover.
- After emerging Feasible Claim Coinfirm and Partner may sign the Commercial Agreement with Client and Client shall grant Coinfirm and Partner the Power of Attorney.
- Coinfirm and Partner reserve the right to sign the Commercial Agreement only with chosen Participants.
- Participant may be a natural person of full age and legal capacity or legal person or other entity with capability to undertake legal actions. In particular, minors are not permitted to take part in Programme.
- To take part in Programme the Participant is required to successfully complete all stages specified hereinbelow:
- Open the Programme Website.
- Insert his/her email address and provide the type of claim, which the best specifies his/her claim, and accept the Terms and Privacy Notice.
- Select the prioritize option to make his/her claim the Priority Case (optional).
- Refer to the instructions contained in Coinfirm’s replies.
- Submit the Detailed Reclaim Request by filling up form sent in Coinfirm’s replies.
- The Participant (“Principal”) may authorize another Participant (“Attorney-in-fact”) to take part in Programme on his/her behalf. Then duly authorized Attorney-in-fact is obliged to successfully complete all stages specified in Clause 2 hereinabove and to fill up form with details of Principal’s claim and to attach Power of Attorney to the Detailed Reclaim Request.
- The duly authorized Participant (“Attorney-in-fact”) may represent Group of Victims and take part in Programme on their behalf. In that case each Participant included in Group of Victims has to give Power of Attorney to Attorney-in-fact. Then Attorney-in-fact is obliged to successfully complete all stages specified in Clause 2 hereinabove and to fill up form with details of Group of Victims’ claims and to attach all of Power of Attorney to the Detailed Reclaim Request.
- After successful submitting of the Detailed Reclaim Request, the Participant will receive the Referral Link, which can be shared with others, who may be potentially interested in participating in the Programme.
V. PRORITY CLAIM
- In order to make his/her claim the Priority Claim Participant is obliged:
1.1. to choose the prioritize option;
1.2. to pay Coinfirm the Prioritizing Fee to the address contained in Coinfirm’s reply.
- If Participant selects the prioritize option to make her/his claim the Priority Claim:
2.1. the Initial Feasibility Assessment of Priority Claim will be performed as soon as possible, no later than 48 hours after submission, during Business Days;
2.2. the reported addresses, which after the Initial Feasibility Assessment, turns out to belong to the perpetrator, will be added to Coinfirm’s database to be traced and to be propagated across a network of Coinfirm’s clients and partners (for example: cryptocurrency exchanges, payment processors), by this greatly increasing the chance of funds recovery in case of defrauded funds which reach to Coinfirm clients and partners. Once the fraudulent address/or address where defrauded funds are located will be identified in Coinfirm’s database, the Participant may receive a notification.
- For avoidance of doubt, the prioritize option to make the claim the Priority Claim does not guarantee that Participant’s assets will be successfully reclaimed. Coinfirm conducts the Initial Feasibility Assessment of every submitted claim in accordance with this Terms. If result of the assessment indicates that chosen Detailed Reclaim Request is Feasible Claim or potential criminal offence, Coinfirm and Partner may propose to Participant entering into the Commercial Agreement, as specified in the Section X hereinbelow.
- If the paid Priority Claim concerns the loss of assets on blockchains not currently supported by Coinfirm on AML Platform, the Participant may decide whether he/she:
- prefer to add the reported addresses to Coinfirm’s database (if the Participant provides the relevant evidence) and wait for the Initial Feasibility Assessment of Priority Claim to be performed when Coinfirm will integrate the relevant blockchain on Coinfirm’s AML Platform or
- prefer to have his/her Prioritizing Fee to be returned.
VI. REPRESENTATIONS AND WARRANTIES
- By accepting these Reclaim Crypto General Terms and Conditions and using the Reclaim Crypto, you represent and warrant on an ongoing basis that:
- if you are a natural person, you are at least 18 years of age, you have sufficient legal capacity under the laws of any jurisdiction to which you may be subject to enter into an agreement with Coinfirm as set out in the Terms of Service and these Reclaim Crypto General Terms and Conditions, and you are not a citizen or resident of a “Prohibited Jurisdiction” (meaning those countries and territories listed on our website from time to time);
- if you are acting on behalf of a corporate body, you warrant and represent that you are duly authorised to act on behalf of such corporate body, such corporate body is not incorporated, established or registered in or under the laws of a Prohibited Jurisdiction and its controllers, directors, officers and employees are not citizens or residents of any Prohibited Jurisdiction;
- you or the corporate body you are acting on behalf of are not subject to any sanctions administered or imposed by any national or supranational governmental authority;
- holding or trading virtual assets and using the Reclaim Crypto services is not unlawful or prohibited under the laws of any jurisdiction to which you or the corporate body you are acting on behalf of, may be subject and if a licence or other authorisation is required for such activity under the laws of such jurisdiction, you or the corporate body you are acting on behalf of have obtained and are maintaining such licence or authorisation;
- you or the corporate body you are acting on behalf of have not previously had a Coinfirm account, or the use of our services, suspended or terminated by Coinfirm; and
- if you are acting on behalf of others, such as in the capacity of asset management or investment advisory, you are licenced to conduct such activities in the jurisdiction(s) that you operate;
- the Claim has not been assigned to third parties and no legal dispute is pending between the Client and the defendant in the same matter.
VII. MINIMUM THRESHOLD
- All amounts of successfully submitted Detailed Reclaim Requests, concerning same case, are summing up.
- When sum of related Detailed Reclaim Requests, reaches required threshold set individually by Coinfirm for each investigated case, Coinfirm is entitled to send Letter of Intent to chosen Participants.
VIII. LETTER OF INTENT
- After receiving Letter of Intent Participant shall print it out, sign it and send the scan to Coinfirm.
- Receipt of signed Letter of Intent entitles Coinfirm and Partner to begin Initial Feasibility Assessment.
IX. INITIAL FEASIBILITY ASSESSMENT
- During Initial Feasibility Assessment Coinfirm and Partner briefly examine the chosen Detailed Reclaim Request and prepare description of the case for Legal Office, Litigation Funder or law enforcement, if result of the assessment indicates that chosen Detailed Reclaim Request is Feasible Claim or potential criminal offence.
- Coinfirm and Partner refer the description of the chosen Feasible Claim or potential criminal offence to the suitable Legal Office, Litigation Funder or law enforcement.
X. COMMERCIAL AGREEMENT
- Based on description of the Feasible Claim, Legal Office prepares a Commercial Agreement and the Power of Attorney and send it to Clients.
- Commercial Agreement shall provide for and regulate all rights and obligations concerning full process of recovering funds, including determination of Fee.
- These Terms indicate only overall description of recovering process. Commercial Agreement shall, in details, provide for and regulate all rights and obligations concerning full process of recovering funds within the Feasible Claim.
- If there is a conflict or inconsistency between these Terms and Commercial Agreement in relation to process of recovering, then the Commercial Agreement shall take priority.
XI. CONSORTIUM OF CLIENTS
- After conclusion of Commercial Agreement with Clients, Coinfirm and Partner may connect Clients and appoint Consortium of Clients connected with same case and set up case files.
- Coinfirm may update on Programme Website with the information on progress on appointing Consortium of Clients for each case.
XII. INTELLECTUAL PROPERTY
- Coinfirm and other Coinfirm capital group companies are owners of the intellectual property related to the Programme (“Programme Intellectual Property”), including any trademarks, tradenames.
- You are not granted any licence to use any of the Programme Intellectual Property.
- Any unauthorized use of the Programme Intellectual Property shall be strictly prohibited and shall be subject to legal proceeding as well constitutes a condition for cancellation of your participation to the Programme.
XIII. CANCELLATION OF MEMBERSHIP
- You are obliged to provide true information.
- Any manipulation, misrepresentation or any other misconduct shall be strictly prohibited.
- When the Company finds out you have committed any of acts mentioned in Clause 2 above or that you have provided untrue information or you have infringed any of the Programme Intellectual Property (as provided for in Section X above) you will be deprived any and all rights of participation to the Programme and you will be no longer able to participate. You also will be liable to the Company and any other Person for any damage arisen out of your behaviour.
- All complaints regarding the Programme, including technical problems or complaints on our decisions should be reported at firstname.lastname@example.org
- We will analyse each and any complaint thoroughly and give you a proper answer during a reasonable time.
XV. LIABILITY AND INDEMNITY
- EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, IN RESPECT OF ANY SERVICE, BENEFIT, AMLT OR C-SCORE REPORT OR INTELLECTUAL PROPERTY RIGHTS PROVIDED HEREUNDER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH MAY BE IMPLIED IN RESPECT OF ANY SERVICE, BENEFIT OR INTELLECTUAL PROPERTY RIGHTS PROVIDED HEREUNDER, OR (IN EACH CASE) THEIR USE AND THE RESULTS OF SUCH USE. LIMITATION OF CONDITIONS OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE INDICATED HEREINABOVE DOES NOT INCLUDE PARTICIPANTS THAT ARE CONSUMERS.
- To the fullest extent permitted by applicable law you agree to indemnify, defend and hold harmless the Company and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Company Indemnified Parties”) from and against any and all claims, demands, actions, damages, losses, costs and expenses (including reasonable professional and legal fees) that arise from or relate to:
- your participation to the Programme;
- the performance or non-performance of your responsibilities, representations, warranties or obligations under these Terms, or;
- your breach of any of the provisions set out in these Terms, or;
- your breach of any rights of any other Person.
- Unless you are a Consumer the Company reserves the right to exercise a sole control over the defence, at your sole cost and expense, of any claim subject to an indemnity set out in Clause 2 of this Section XIII.
- The indemnity set out in this Section XIII is in addition to, and not in lieu of, any other remedies that may be available to the Company under applicable law.
- Under no circumstances:
- Shall either party be liable to the other party for indirect, incidental, consequential, punitive, special or exemplary damages including lost profits, lost revenues, loss of opportunity or business interruption, whether or not such damages are foreseeable (even if that party has been advised of the possibility of such damages), or,
- Shall the entire liability of either party to the other party under this Agreement, with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory, exceed the amounts paid or payable pursuant to these Terms.
- [General liability limit of the Company]. Company’s total liability to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with the Programme or these Terms shall not exceed a total of 10,000 USD.
- The limitations of liability do not apply to any breach of obligations hereunder regarding confidentiality or to obligations of indemnification.
- Notwithstanding anything to the contrary, nothing in these Terms shall operate to exclude or restrict either party’s liability for (i) death or personal injury resulting from negligence or (ii) fraud or fraudulent misrepresentation.
- Each party shall use all reasonable endeavours to mitigate any loss and damage incurred by it or its affiliates a result of any breach by another party of its obligations under these Terms.
- You are solely responsible for any taxes in any jurisdiction arising out of your participation to the Programme.
- The Company provides no tax or legal advice nor shall be liable for your legal or tax obligations.
XVII. PERSONAL DATA PROTECTION
- The Company shall be the Controller of your personal data.
- Your provision of your personal data is essential and necessary to execute agreement between us and you.
- Your personal data will be processed in order to manage your participation to the Programme unless you give us your consent to process in other purposes which shall be communicated to you.
XVIII. ANTI-BRIBERY COMPLIANCE
- Each Party to these Terms, in its own capacity, warrants and represents that:
- such Party, and its subsidiaries and its and their respective directors, officers, employees, agents and any other persons acting on its or their behalf has not, directly or indirectly, made any bribes, rebates, payoffs, influence payments, kickbacks, illegal payments, illegal political contributions, or other payments, in the form of cash, gifts, or otherwise, or taken any other action, in violation of the UK Bribery Act of 2010 or any other anti-bribery or anti-corruption Law (collectively the “Anti-Bribery Laws”), and;
- such Party (nor any of its subsidiaries) is or has been the subject of any investigation or inquiry by any governmental body with respect to potential violations of Anti-Bribery Laws.
XIX. TERM AND TERMINATION
- The Programme is designed to continue for indefinite period of time until terminated by the Company. The termination notice shall be published on the Company Website and the notice period is 30 (thirty) days.
- If you want to terminate your participation, send us a signed, written notice or an electronic scan to the addresses set forth in Section XVIII Clause 9 of the Terms.
XX. GENERAL PROVISIONS
- We may amend these Terms from time to time, including where there are changes to the intended process or as may be otherwise required by any laws or regulatory requirements to which we are subject. If we make any amendments to these Terms, we will publish a notice together with the updated Terms on the Company’s Website and we will change the “Last Updated” date at the top of these Terms. Any amended Terms shall become effective in three (3) days upon the publication of such notice and updated Terms on the Company’s Website.
- It is your responsibility to regularly check the Company’s Website for any such notices and updated Terms. You may not agree to the amended Terms. If you do not agree you may terminate your participation by giving us an appropriate notice by email or in writing in accordance with provisions of Clause 2 Section XVII of the Terms. If you are a Consumer and you do not agree to any amendment you may withdraw from the Programme with immediate effect during 14 days from the effective date of amendment.
- If any term, clause or provision of these Terms is found to be illegal, void or unenforceable (in whole or in part), then such term, clause or provision shall be severable from these Terms without affecting the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms, which shall remain in full force and effect.
- These Terms constitute the entire agreement between the parties in relation to its subject matter. These Terms supersede any and all prior agreements, draft agreements, arrangements, warranties, statements, assurances, representations and undertakings of any nature made by, or on behalf of the parties, whether oral or written, public or private, in relation to that subject matter.
- You acknowledge that by accepting these Terms, you have not relied on any oral or written statements, warranties, assurances, representations or undertakings which were or may have been made by the Company or on the Company’s behalf by any of the Company Indemnified Parties and/or a related entity or undertaking in relation to the subject matter of these Terms at any time before your acceptance of them (“PreContractual Statements”), other than those set out in these Terms. You hereby waive any and all rights and remedies which might otherwise be available in relation to such Pre-Contractual Statements.
- Nothing in these Terms shall be deemed to create any form of partnership, joint venture or any other similar relationship between you and the Company, Coinfirm or other individuals or entities involved with the Programme.
- Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by Coinfirm to any entity within the Coinfirm capital group companies and by Coinfirm to third parties, in accordance with rules provided in Reclaim Crypto Privacy Notice, available on: https://www.coinfirm.com/reclaim-crypto-privacy-policy/.
- These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes and claims) shall be governed by and construed in accordance with law of England.
- Unless you are a Consumer the Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including noncontractual disputes and claims). If you are a Consumer general provisions of applicable law shall apply.
- Any mail correspondence to us should be sent at: Coinfirm, ul. Warszawska 4/4, 87-100 Toruń, Poland.