Terms and Conditions
These Terms were updated on 14. December 2021 and are applicable for all customers using our services.
These Terms & Conditions govern the provision of services by Fiat201 GmbH, a company established under the laws of Switzerland under Company UID: CHE-362.504.021, having its business address at Boesch 106, 6331 Huenenberg, Switzerland. This is an electronic agreement between You and Fiat201 GmbH (hereinafter "Fiat201" or "We"). This agreement applies to any access and use of our website fiat201.com, our online services, our Android and iOS mobile apps, and any of our services related to or utilizing any of the foregoing, which we refer to collectively, as our "Services."
Acceptance of Terms
By entering, accessing or using the Service, you acknowledge that you have read, understand and agree to be bound by these Terms with Fiat201 GmbH's and Fiat201 GmbH's Privacy Policy posted at https://fiat201.com/privacy-policy. and incorporated herein by reference (collectively, the "Terms"), and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service. These Terms are a binding and enforceable contract between you and Fiat201 GmbH, so please read them carefully. Fiat201 GmbH reserves the right to perform its obligations to you under these Terms itself or through one of its affiliates.
These Terms are published in English and the English version of the Terms prevails over any other version translated into any other language, which may be provided by us to you for convenience purposes. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to You in connection with the use of any and all Services.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.
The Service is not allowed for use by individuals who are under the age of eighteen (18) years old or who are not of the age of majority in the place where they are located or domiciled.
Services
Through the Website or the Apps, you may buy from or sell to us Bitcoin and/or other virtual currencies available from time to time (collectively and individually "Cryptocurrencies") in exchange for FIAT Currency or other Cryptocurrencies. After opening an Account with us, you may purchase Cryptocurrencies from us in exchange for USD, GBP, EUR or other government-issued currencies that are legal tender in the country in which they are issued by government decree, regulation or law as determined by us from time to time (together and individually, the "FIAT Currency"). Once Fiat201 GmbH has received your payment in FIAT Currency, we will deliver the Cryptocurrency you have purchased to your Wallet address in accordance with the terms of the Terms and Conditions.
Your use of the Services is subject to our KYC process and its completion to our satisfaction and we may save such data on our systems for future use and verification.
The minimum order size for either Cryptocurrency can be found on the Website. Any change in the minimum order size shall take effect when published on the Website and your continued use of the Services will be deemed to constitute your acceptance of such change.
You acknowledge and agree that it is at our sole discretion whether to: (i) provide you with the Services; and/or (ii) reverse any of your orders and/or transactions. For example: in order to provide liquidity for its users, Fiat201 GmbH trades cryptocurrencies with other cryptocurrency exchanges. In the event of insufficient liquidity of a certain Cryptocurrency, Fiat201 GmbH may decline or reverse your order for purchasing such Cryptocurrency.
You acknowledge that certain limits may apply to the sale of Cryptocurrency to you or the purchase of Cryptocurrency from you, as the case may be, in accordance with our policies, including without limitation in relation to volume and our KYC process. We reserve the right to change these limits at our sole discretion. For example, such limits may be set per order per day and/or per month.
We reserve the right to refuse to process, or to cancel or reverse, any purchase of Virtual Currencies from us or sale of Cryptocurrency to us, as the case may be, in our sole discretion (for reasons which include but are not limited to you possessing insufficient FIAT Currency or Cryptocurrency, as the case may be, and/or if our transfer of Cryptocurrency or FIAT Currency, as the case may be, is not possible) and even after funds or Cryptocurrency, as the case may be, have been debited from your account.
We may suspend, modify, remove or add to the Services at any time.
Fiat201 GmbH has no obligation to check whether users are using the Services in accordance with the Terms & Conditions, as updated from time to time. You acknowledge that it is solely your responsibility to ensure that you are aware of the correct and current provisions of the Terms & Conditions and of any amendments or updates made thereto and you should regularly check the Terms & Conditions.
You may not use the Services or the Website in a manner prohibited by any laws or regulations which apply to you or specified under Prohibited use.
Without prior notice, we may suspend or block your access to the Services and/or the Platform at any time, in particular in the following cases: (i) the occurrence of technical malfunctions in the Platform until their elimination, replacement or the completion of the relevant maintenance work or replacement; (ii) if we suspect that your account is not being used by you but by a third party until the circumstances are clarified; or (iii) in the event of additional verification procedures as well as the analysis of your activities under the AML.
Verification
We may ask you to provide us with your personal information, including but not limited to your name, address, telephone number, email address and date of birth, as well as your source of funds, financial capacity and occupation, when you register your account with us and at any time thereafter. We may also verify your information at any time by requesting certain documents from you. These documents will usually include a government-issued identity card, proof of address, such as a utility bill, and proof of your payment method. In addition, we may request further information in relation to our anti-money laundering ("AML") and knowing your customer ("KYC") obligations. In addition, we may require copies of such documents to be notarised at your expense, i.e. the documents will be stamped and certified by a public notary. If the documents do not pass our internal security checks - for example, if we suspect that they have been tampered with or are in any way demonstrably misleading or misrepresented - we will not be obliged to accept such documents as valid and we will not be obliged to provide any feedback as to the precise nature of our findings in relation to such documents. In addition, we may ask you to participate in a video call to verify your identity. Fiat201 GmbH may, in its sole discretion, decide to terminate your account and these Terms and Conditions if these documents or the verification provide a negative or unsafe result or we suspect that you are not at least 18 years of age.
We may also perform further background and verification checks on you and request any relevant documentation from you or from any third party for any reason, and for that purpose you hereby authorise us to, directly or indirectly (through third parties), make any inquiries we consider necessary to check the relevance and accuracy of the documents and information provided for verification purposes.
Price/Value Of Cryptocurrency
All prices/values of Cryptocurrency shall be quoted in FIAT Currency as determined by Fiat201 GmbH.
You hereby acknowledge and agree that any price or rate of cryptocurrencies displayed on the Website at which we sell or buy cryptocurrencies is accurate only for that moment due to the high volatility of the price of cryptocurrencies and the time period required to complete the transaction. This time period may vary depending on the payment method and the third party payment processors used by you or us. The final price of your Transaction (the "Final Price") is the Transaction Price that appears on the Website at the time of execution and is set out in the Transaction Summary, subject to the deduction of the Transaction Fee.
You understand and agree that the Final Price may be either higher or lower than any other rate which was previously available on the Website, in accordance with value fluctuation which may occur, that this may change either in your favour or in ours, and that we have no control whatsoever on such change.
Execution Of Your Orders
Any order by you to purchase Cryptocurrency from us, or to sell Cryptocurrency to us, shall be considered as pending and not completed until our receipt of funds/Cryptocurrency confirmation (as applicable) as described below (the “Payment Confirmation” or “Delivery Confirmation”, as the case may be) and shall not be binding on us in any way whatsoever until such Payment Confirmation or Delivery Confirmation is received by you.
With respect to FIAT Currency payments made by you to us using a credit/debit card, our receipt of confirmation of payment from your credit/debit card company;
With respect to FIAT Currency payments made by you to us using any other method (e.g. bank transfer), the actual receipt of FIAT Currency in our account.
With respect to delivery of Cryptocurrency made by you to us, the actual receipt of Cryptocurrency in your designated electronic wallet.
As soon as possible after payment confirmation or delivery confirmation and subject to completion of our KYC process to our satisfaction, we will execute your order for the final price (the "Execution").
Upon execution of your order to buy cryptocurrency, the corresponding cryptocurrency will be delivered by us to the cryptocurrency wallet specified by you. When executing your sell order of cryptocurrencies, the relevant funds will be transferred by us to your account. Please note that while we will try to transfer the cryptocurrency or funds (as the case may be) as soon as possible, in certain cases the transfer may take some time.
After execution, we will provide you, either on the Website, by email or otherwise, with a Transaction Confirmation setting out the final price and other details of execution (the "Transaction Confirmation"). You agree that the Transaction Confirmation is final and binding on you.
In rare circumstances, Fiat201 GmbH reserves the right to either cancel your order or offer you a different price for the Services. In the event we cancel your order, if we have already received FIAT Currency from you with regards to such order, we will, subject to applicable law and regulation, refund such funds to you after deduction of any cost or expense we incur with regards to such transfer, including without limitation any bank charges, currency exchange charges and/or payment processing charges.
Other than at our sole discretion, you cannot cancel, reverse, or change any transaction or order. If your payment to purchase Cryptocurrency from us is not successful or if your payment method has insufficient funds, you agree that Fiat201 GmbH, in its sole discretion, may: (i) cancel the transaction; (ii) fulfil a portion of that transaction; or (iii) debit your other payment methods, in any amount necessary to complete the transaction.
Fees, Payment Transactions And Fraud
Unless otherwise mentioned, there is an 10% fee for SEPA transfers and a 14% fee for all other alternative payment methods. This fee is variable and may increase or decrease due to affiliates used and will be clearly stated in the checkout process.
You are fully responsible for paying all FIAT Currency, and for delivering all Cryptocurrency, owed to us by you. We may cease to provide the Services or withhold payment to certain Customers, for any reason whatsoever including without limitation the type of credit/debit card used for payment.
We reserve the right not to credit wire transfers to you until Fiat201 GmbH can properly identify and authenticate your identity or payment account (as applicable).
Repeated request of GDPR statements within a short period of time has a fee of 50,- Euro. The single request is free of charge.
The fee for processing a prohibited payment by a third party is 50,- Euro and will be automatically deducted from the amount, then a refund will be initiated.
We may use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Services. If we reasonably believe that a fraudulent payment is being made or received, including use of stolen credit/debit cards, or any other fraudulent activity (including without limitation any chargeback or other reversal of a payment), we reserve the right to close a customer's account, terminate the Terms & Conditions and reverse any pay-out. We shall be entitled to inform any relevant authority or entity (including credit reference agencies) of any payment fraud or otherwise unlawful activity and may employ collection services to recover payments. We shall not be liable for any unauthorized use of credit/debit cards, irrespective of whether the credit/debit cards were reported stolen.
A chargeback by a payment provider will be charged to the executing customer, depending on the effort and is minimum 50,- Euro.
You agree to keep a copy of credit/debit card transaction receipts for a period of minimum 3 (three) months following any transaction made by you with us.
Legal age and restricted teritories
The Services are only available to individuals who are at least 18 years old (and at least the legal age in their jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful.
You may not use the Services, Platform and/or the Website if you are located or are a resident of a geographic area in which access to or use of the Services, the Website and/or the Platform is prohibited by applicable law, decree, regulation, treaty, or administrative act, including without limitation the following territories:
Afghanistan, Algeria, Angola, Bahrain, Bangladesh, Bolivia, Botswana, Brazil, Burundi, Cambodia, Chad, China, Congo, Cuba, Curacao, Djibouti, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Ghana, India, Indonesia, Iran, Iraq, Jordan, Kenya, Korea, Kuwait, Laos, Lebanon, Liberia, Libya, Lithuania, Malawi, Malaysia, Mali, Mauritania, Myanmar/Burma, Morocco, Mozambique, Nicaragua, Niger, Nigeria, North Korea, Occupied Palestine Territories, Oman, Pakistan, Panama, Qatar, Rwanda, Saudi Arabia, Sierra Leone, Solomon Islands, Somalia, South Sudan, Sri Lanka, Sudan, Suriname, Syria, Timor Leste, Togo, Trinidad & Tobago, Tunisia, Turkey, United Arab Emirates, Uruguay, Vietnam, Yemen, Zimbabwe, USA.
Certain partial restrictions may apply to additional geographic areas, as shall be notified by us from time to time. The Restricted Territories list may change from time to time for reasons which include but are not limited to licensing requirements and any other legal and regulatory changes.
You shall not use the Services where it is prohibited by law or regulation.
You understand and accept that Fiat201 GmbH is unable to provide you with any legal advice or assurances in respect of your use of the Services and Fiat201 GmbH makes no representations whatsoever as to the legality of the Services in your jurisdiction. Please verify the relevant laws in your jurisdiction before registering with Fiat201 GmbH and using the Services.
Account
Your account shall be opened, maintained and used for your sole personal use only. You acknowledge that multiple or linked accounts are not allowed. You may only access the Website and use the Services via your own account and you may never access the Website or use the Services by means of another person's account.
All official communication (requests, notifications and other information addressed to you) shall be sent to support@fiat201.com unless otherwise stated herein. Fiat201 GmbH shall not be responsible for unanswered requests that were directed to Fiat201 GmbH through other means of communication.
Fiat201 GmbH shall not be responsible for damage and/or loss caused by the unauthorized use of the Website, Platform and/or Services due to information security system malfunction, unless such security malfunction is caused by Fiat201 GmbH gross negligence or wilful misconduct.
Fiat201 GmbH shall not be responsible if the information associated with the use of the Website, Platform and/or Services by the Customer becomes known to a third party as a result of accessing the information through means of communication that are beyond Fiat201 GmbH control.
Intellectual Property
You may only install and use the software connected to the Website (the “Platform”) and all content derived from the Platform, including without limitation the patents, copyrights, design rights, trademarks and any other intellectual property rights in the Platform, in connection with the Services, for your personal and non-commercial use and in accordance with the Terms & Conditions. The Platform's code, structure and organization are protected by intellectual property rights. You must not: (i) copy, interfere with, tamper with, redistribute, publish, reverse engineer, decompile, disassemble, amend, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (ii) sell, assign, sublicense, transfer, distribute or lease the Platform; (iii) make the Platform available to any third party through a computer network or otherwise; (iv) export the Platform to any country (whether by physical or electronic means); or (v) use the Platform in a manner prohibited by any laws or regulations which apply to the use of the Platform (collectively the “Forbidden Practices”).
ou will be liable to us for any damage, cost or expense we suffer or incur that arise out of or in connection with your committing any of the Forbidden Practices. You shall notify us as soon as reasonably possible after becoming aware of the commission by any person of any of the Forbidden Practices and shall provide us with reasonable assistance with any investigation we may conduct in light of the information provided by you in this respect.
The brand names relating to the Website and any other trademarks, service marks and/or trade names used by us either on our own behalf from time to time (the “Trademarks”) are owned by us or our licensors. In addition to the rights in the Trademarks, we and/or our licensors own the rights in all other content of the Website (the “Content”). By using the Services, you shall not obtain any rights in the Trademarks or the Website Content and you may use the Trademarks and Content only in accordance with the provisions of the Terms & Conditions.
Customer's Representations
You confirm to us the following:
You are 18 years of age or older (and at least in the legal age in your jurisdiction), you are of sound mind and you are capable of taking responsibility for your own actions.
You have full power and capacity to agree to and accept these Terms & Conditions.
We have not previously terminated an account that you have held with us or rejected your registration with us.
All details provided by you to us, either during the registration process or at any time afterwards (including as part of any use of the Services), are true, current, accurate, complete and not misleading and, as appropriate, match the name(s) on the credit/debit card(s) or other payment accounts to be used to transfer or receive FIAT Currency. Any attempt to use other means of payment shall be considered fraudulent.
In the event of any changes to details previously provided by you to us, you will promptly update your details through the appropriate section on the Website. Please note that any change to your details may prompt initiation of additional KYC requirements.
Your account with Fiat201 GmbH is solely for your benefit. You shall not allow any third party (including a relative) to use your account, password or identity to access or use the Services or the Platform and you shall be fully responsible for any activities undertaken on your account by a third party. You will not reveal your account information to any person and you shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if you suspect that your account is being misused by a third party and/or that any third party has access to your account username or password, so that we may investigate such matter, and you will cooperate with us, as we may request, in the course of such investigation.
You are responsible for the security of your private key and account information on your own Devices or internet access location. If your account is “hacked” from your Device due to any viruses or malware that is present on the Device that you access your account with, this is your sole responsibility. You should report immediately to Fiat201 GmbH any possible hacking attempts or security breaches from your device.
That your use of the Services, Platform and the Website is at your option, discretion and risk.
You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any amounts transferred to you or which you receive with respect to your use of the Services.
You are responsible for obtaining access for your device to telecommunications networks and the Internet and for acquiring any other consents and permissions required for your device to connect with the Website, Platform and the Services.
In order to buy Cryptocurrency from us or sell Cryptocurrency to us, you must open your personal Cryptocurrency Wallet Address. It is your responsibility to ensure that the address is correct and complete and we are under no obligation whatsoever to verify the accuracy and completeness of the address. In the event that you provide us with an incorrect or incomplete address or have failed to update your address and as a result your Cryptocurrency is paid to or transferred from an incorrect Wallet, we will not be liable to you for such Cryptocurrency. However, if we are unable to credit you with the Cryptocurrency, we reserve the right to deduct from the Cryptocurrency due to you an amount to reflect the investigation required and the additional effort incurred as a result of you providing incorrect or incomplete information.
You will only open one account with us. Any additional account is prohibited.
That the personal virtual wallet address to which we transfer Cryptocurrency, belongs and is owned by you.
You may not use the Website, Platform or the Services for any unlawful, criminal or fraudulent activity or any prohibited transaction (including money laundering) under the laws of any applicable jurisdiction.
The Cryptocurrency which you purchase from us, or the FIAT Currency received from us in consideration for the Cryptocurrency that you sell to us, will not be used for any unlawful, criminal or fraudulent activity or any prohibited transaction under the laws of any applicable jurisdiction.
The FIAT Currency or the Cryptocurrency which we receive from you has not been derived from any unlawful, criminal or fraudulent activity or any prohibited transaction under the laws of any applicable jurisdiction.
That you are aware that the prices of Cryptocurrency displayed on the Website are not final and that the Final Price is binding upon you.
You will use the Services, Platform and the Website in accordance with all applicable laws, regulations and directives.
You understand that Fiat201 GmbH has the right to inform the relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (collectively "Interested Third Parties") of your identity and of any suspected unlawful, fraudulent or improper activity and that you will cooperate fully with Fiat201 GmbH in any investigation of such activity. For the avoidance of doubt, your failure to cooperate with Fiat201 GmbH in relation to any such investigation may result in the immediate suspension of your Account pending the results of the investigation.
You will not open an account with us for any other person or in a name other than your personal legal name.
You agree that in the event the Website, the Platform or the Services do not function properly due to delays, malfunctions or interruptions in operation or transmission, loss or corruption of data or communications or line failures, misuse of the Website or its content by others, or errors or omissions in the content or other factors beyond our control, the Website, the Platform or the Services may not function properly:
Fiat201 GmbH will not be responsible for any loss, including without limitation loss of profits, that may result therefrom; and
if such error results in an increase in the amount of Cryptocurrency or FIAT Currency owed or paid to you by Fiat201 GmbH, you shall not be entitled to any Cryptocurrency or FIAT Currency overpaid as a result of such increase. You shall promptly notify Fiat201 GmbH of the error and promptly repay to Fiat201 GmbH any such increase transferred to you in error or alternatively Fiat201 GmbH may, at its sole discretion, deduct an amount equal to such increase from the FIAT Currency or Cryptocurrency paid to you by Fiat201 GmbH.
Disputes
You understand and agree that Fiat201 GmbH records shall be the final authority in determining your use of the Services and you shall have no right to dispute Fiat201 GmbH decisions in regard to such matters.
No claims or disputes will be considered if more than 7 (seven) calendar days following the date of the original transaction have lapsed. You hereby undertake to raise such claims or disputes with the customer service department at support@fiat201.com and to provide Fiat201 GmbH with all the relevant information or evidence which Fiat201 GmbH reasonably requires to review your claim or dispute.
Fiat201 GmbH customer service department will review your claim and provide you with its decision within 21 (twenty one) business days of submission of your claim or dispute.
If you do not agree with Fiat201 GmbH decision, you should contact our customer service manager to appeal Fiat201 GmbH decision and promptly provide Fiat201 GmbH with all the relevant evidence in relation to your appeal.
The customer service manager will review your appeal and provide you with Fiat201 GmbH final and binding decision within 14 (fourteen) business days.
If you are located in any EU member state, you can refer a payment transaction dispute through the European Commission's Online Dispute Resolution Platform at
http://ec.europa.eu/consumers/odr/
Risks
You acknowledge and accept that there are inherent risks associated with crypto and that these risks extend to transactions. These risks include, but are not limited to, failure of hardware, software or internet connections, the risk of introduction of malicious software and the risk of unauthorised access to the Account (if any) or your wallet. It is your responsibility to familiarise yourself with the risks associated with cryptocurrencies, their protocols and networks. Use of the Service does not eliminate these risks.
Fiat201 GmbH is not responsible for any communications failure, interruption, error, distortion or delay in the use of the Services, however caused. Transactions depend on the relevant crypto network remaining operational, which may be a function of crypto miners not controlled by Fiat201 GmbH and for which Fiat201 GmbH accepts no liability.
You acknowledge and agree that the value of cryptocurrencies can change quickly and without warning, rise or fall unexpectedly and even drop to zero.
It takes time for transactions to be confirmed and in some cases they may not be completed.
If you try to send or receive cryptocurrencies that are not supported by your wallet or integrated platform, they can be completely lost and cannot be recovered.
In no event shall Fiat201 GmbH be liable to you or any third party for any of the foregoing.
Where the Services state a fiat currency value in relation to a particular cryptocurrency, such statement does not constitute a representation or warranty as to the actual or anticipated value of such assets.
Rather, it is third party Integrated Platform information that is published for your general information only and should not be relied upon in making financial decisions.
It is your responsibility to determine the value of your cryptocurrency yourself without relying on the services.
They understand and accept that there are also risks associated with the use of cryptocurrencies. You have also read the risk information.
Crypto is not Fiat money and deposits are not covered by the deposit guarantee scheme.
Most crypto transactions are irreversible and if you lose the private keys to your wallet, all your cryptocurrencies can be taken away and may not be recoverable.
These risks include, but are not limited to, unforeseen changes in the network protocol and unknown vulnerabilities that may involve or result in attacks on the underlying technology.
Other possible changes that could make your wallet inaccessible are forks or rollbacks of cryptocurrencies, networks or blockchains. Fiat201 GmbH has no control over cryptocurrencies and is not responsible for any losses you suffer when you transact with a cryptocurrency.
Fiat201 GmbH has no obligation to monitor the Service for fraud or other suspicious activity. However, if Fiat201 GmbH determines that any instance of the Service exposes you, Fiat201 GmbH or any third party to legal, financial, security or reputational risk, Fiat201 GmbH reserves the right to suspend the Service with respect to the transactions, persons or entities involved and Fiat201 GmbH shall have no liability to you or any third party for any such action.
Privacy
We respect your privacy and are committed to protecting the information you share with Fiat201 GmbH in connection with the Service. Our data policies and practices and the types of information we collect are described in Fiat201 GmbH's Privacy Policy, which can be found at https://fiat201.com/privacy-policy.
Upon termination of these Terms or the Service, Fiat201 GmbH and its affiliates may, at their sole discretion, retain a copy of your information for up to ten (10) years, but may only use it to (i) compile anonymised statistical information, (ii) reduce potential fraud, and (iii) comply with applicable laws.
Integrated Platforms and Other Third Party Services
The Service may be accessible through or connected to certain third party integrated platforms, such as exchanges. Such Integrated Platforms are independent of the Service. You acknowledge that Fiat201 GmbH has no control over the Integrated Platforms or other third parties, and you further acknowledge and agree that Fiat201 GmbH is not responsible for and does not endorse and is not responsible or liable for the availability of any Integrated Platforms or other third party services and makes no representations regarding any aspect of such third parties, including, without limitation, any goods, services, content, advertising, products or any materials available from them, compliance with any legal requirements, the manner in which the third party processes personal data, or any interaction between you and such third parties.
You are required to read and accept all Integrated Platform Terms and Conditions only if you agree to them, and if you use any third party services, such third party services are governed solely by the terms and conditions and privacy policies of such third parties.
You hereby instruct any Integrated Platform with which you have Integrated Platform Terms to share information about you and your transactions with Fiat201 GmbH in order for Fiat201 GmbH to provide the Services and assist in preventing illegal, fraudulent or other harmful activity.
Availability
The availability and functionality of the Service depends on various factors, such as communication networks, software, hardware, Fiat201 GmbH's service providers and contractors, and the services of third parties providing the Service. The Service may not operate at all times without interruption or failure and is not immune from unauthorised access and error.
LIMITATION OF LIABILITY
FIAT201 GmbH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICE.
THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FIAT201 GmbH AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “FIAT201 GmbH AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY OR COMMUNICATED BY FIAT201 GmbH HEREUNDER OR BY ANY THIRD PARTY.
FIAT201 GmbH DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE INTEGRATED OR LINKED TO THE SERVICE OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE, INCLUDING ANY EXCHANGE OR OTHER INTEGRATED PLATFORM.
FIAT201 GmbH DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. FIAT201 GmbH MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIAT201 GmbH AND/OR ANY OF THE FIAT201 GmbH AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICE, USE OR INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF FIAT201 GmbH TO PERFORM UNDER THESE TERMS, AND OTHER ACT OR OMISSION OF FIAT201 GmbH BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM YOUR CONDUCT OR THAT OF ANY EXCHANGE, INTEGRATED PLATFORM OR OTHER THIRD PARTY.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF FIAT201 GmbH UNDER THESE TERMS EXCEED EUR 10.00 (TEN EURO).
Indemnification
You agree to promptly indemnify, defend and hold harmless Fiat201 GmbH, its affiliates and their respective service providers, and their respective officers, directors, agents, joint venture partners, employees and representatives, upon demand, from and against any and all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and other costs, howsoever arising:
any breach of the Terms and Conditions by you;
a violation of laws, regulations or the rights of third parties by you;
and/or the use of the Services, the Website and/or the Platform by you or the use by any other person accessing the Services and/or the Platform using your user ID, whether or not with your permission.
Termination
Fiat201 GmbH may at any time, in its sole discretion, suspend your access to the Service or terminate these Terms, in addition to any other remedies available to Fiat201 GmbH under applicable law.
In addition, Fiat201 GmbH may at any time, in its sole discretion, temporarily or permanently discontinue operation of the Service or any part thereof without notice. You agree and acknowledge that Fiat201 GmbH shall have no responsibility or liability with respect to or in connection with any termination of the Service and/or loss of data.
You may terminate these terms at any time for any reason or no reason.
Termination of these Terms will not result in a reduction of your Liabilities accrued prior to such termination.
General
These Terms do not create, and shall not be construed to create, any relationship, partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between Fiat201 GmbH and you.
These Terms and the rights and remedies provided herein, and all claims, disputes and controversies arising hereunder or relating to these Terms and/or the Service, the interpretation thereof, or the breach, termination or validity thereof, the relationships arising out of these Terms, or related transactions, shall be governed in all respects solely by and construed in accordance with the laws of Switzerland, without reference to its conflict of laws principles, and shall be brought in the competent courts located in Switzerland, and you hereby consent to exclusive jurisdiction and venue in Switzerland.
Fiat201 GmbH may assign its rights and obligations under these Terms and/or transfer title and ownership of the Service to a third party without your consent or prior notice to you. Your rights and obligations under these Terms are not assignable. Any attempted or actual assignment without the prior express written consent of Fiat201 GmbH shall be null and void.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The waiver by either party of any breach or default shall not be deemed to be a waiver of any preceding or subsequent breach or default.
Any headings, titles or section headings contained herein are for convenience only and in no way define or explain any section or provision of this Agreement.
These Terms constitute the entire agreement between you and Fiat201 GmbH with respect to the subject matter contained herein and supersede all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, understandings or representations, whether written or oral, between Fiat201 GmbH and you, including, without limitation, those made by or between Fiat201 GmbH's respective representatives with respect to the Service. You agree that you will not at any time or place represent that these Terms have been changed or modified orally or otherwise altered by oral communication of any kind. You further agree that you are not relying on any promise, inducement, representation, statement, disclosure or duty of disclosure made by Fiat201 GmbH in agreeing to these Terms.
Prohibited Use
means any act or omission which is unlawful in the place where you are located or ordinarily resident, or in the place where Fiat201 GmbH or the relevant Integrated Platform is located, or for any of the following acts:
Betting, including lottery tickets, casino chips, off-track betting, gambling website memberships and betting at races;
Betting, including lottery tickets, casino chips, off-track betting, gambling website memberships and betting at races;
Credit counseling or repair agencies;
Credit protection or identity theft protection services;
Inbound or outbound telemarketing companies, including lead generation companies;
Internet, mail order or telephone pharmacies or pharmacy referral services;
Items that encourage, promote, facilitate or instruct others to commit illegal acts;
Items that may be counterfeits, such as designer handbags, clothing ,accessories and consumer electronics;
Articles that may infringe copyright, trademark, right of publicity or privacy or other proprietary rights under the laws of any jurisdiction;
Items that promote hatred, violence, racial intolerance or the financial exploitation of a crime;
Items that promote, support or glorify acts of violence or harm against themselves or others;
Live animals;
Medical equipment;
Multi-level marketing businesses (MLM);
Payment aggregators;
Buying, selling or promoting the sale of drugs, alcohol or drug paraphernalia or items that may stand for these purposes;
Sale of money orders or foreign exchange;
Up-sell trader/merchants;
Use of the service as a means of transferring funds between bank accounts that are in the same name;
Using the Service for illegal purposes or in violation of local, state, national or international laws, including but not limited to laws governing intellectual property, taxation and other property rights, data collection and privacy;
Using the Service in a manner that Fiat201 GmbH or any of the Integrated Platforms reasonably considers to be misuse of their respective service;
Use the Service in any manner that could damage, disable, overburden, or impair Fiat201 GmbH, including but not limited to use of the Services in an automated manner;
Use of the Service in breach of the provisions of these Terms and Conditions, as determined by Fiat201 GmbH in its reasonable discretion;
Using the Service to collect payments that support pyramid or Ponzi schemes, matrix schemes, other "business opportunity" schemes or certain multi-level marketing schemes;
Use of the Service to control an account linked to another account that has engaged in any of the foregoing activities;
Using the Service to defame, harass, abuse, threaten or defraud others, or to collect or attempt to collect personal information about users, registered recipients or third parties without their consent;
Using the Service to intentionally interfere with other users' ability to use the Service, including uploading or otherwise distributing viruses, adware, spyware, worms or other malicious code;
Using the Service for unsolicited offers, advertising, suggestions or sending junk mail or spam to others;
Using the Service to send or receive funds that Fiat201 GmbH believes may result from fraud or other illegal conduct;
Using the Service while impersonating or falsely claiming to be affiliated with a person or entity;
Or weapons, including replicas and collectibles;
Programmes for weight loss;
Transfer of money orders;
Use of the Service for or in relation to any goods or services which, in themselves or with any information or content, are deemed to be offensive, harassing, threatening, inciting hatred, promoting or encouraging anti-social behaviour, promoting the tobacco industry or the arms industry, obscene, defamatory, abusive, or racist, sexually, religiously or otherwise offensive, abusive and/or in any way infringing the legal rights of others, or where the presence of the Content or any reference to Fiat201 GmbH and/or the Service could be perceived as damaging to the reputation and standing of Fiat201 GmbH or actually brings Fiat201 GmbH into disrepute;
Use of the Service to transmit, distribute, display or otherwise make available Content through or in connection with the Service that may infringe third party rights, including intellectual property rights and privacy rights, or that may contain unlawful Content;
Using the Service to impersonate another natural or legal person or to provide false information about the Service, whether directly or indirectly;
Using the Service to misstate or otherwise misrepresent your affiliation with any person or entity, or to express or imply that Fiat201 GmbH or any third party endorses you, your business or any statement you make, or to present false or inaccurate information on and/or through the Service;
Use of the Service for or in connection with any form of spam, unsolicited mail or similar conduct; or
Bypassing measures designed to prevent or restrict access to the Service or to certain functions of the Service or of third parties.