Terms Of Use

1. Acceptance of Terms of Use

The Coinberry.com website, its derivative or related pages and its mobile site or mobile application (together, the “Site”) are owned and operated by Coinberry Limited (“Coinberry”, “us”, “we” or other similar terms). By using the Site and the services available to you through the Site (the “Services”), you agree to be bound by all terms and conditions contained in these Terms of Use (the “TOU”) with respect to your use of the Site and the Services.

If you do not agree with the terms and conditions of the TOU at any time, please do not access the Site and discontinue your use of the Services.

We reserve the right to update or revise the TOU at our discretion and without notice. You are responsible for checking the TOU periodically for changes. If you continue to use the Site following the posting of any changes to the TOU, you agree to be bound by these changes.

The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. We are not responsible nor do we make any warranty or endorsement regarding any third-party products or services listed on this website.

2. Privacy Policy

Registration data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy

3. Authority

Minors under the age of eighteen are not eligible to access the Site. You are fully responsible for your child’s online conduct and the consequences of any misuse of the Site by your child.

If you access the Site on behalf of a corporation or other business entity, you hereby confirm that you are entering into the TOU on behalf of such corporation or other business entity, you represent and warrant that you have the legal authority to bind such corporation or other business entity to the terms and conditions contained in this Agreement, in which case the terms "you" or "your" shall refer to such corporation or other business entity. You further agree to be bound by the terms of this TOU for transactions entered into by you on the Site, anyone acting as your agent and anyone who uses your Account or the Services, whether or not authorized by you.

Coinberry shall be entitled to act on any instructions which it believes, in good faith, to be initiated by you without any obligation to verify such instructions. You are responsible for: (i) safeguarding your user identification (“User ID”) and password(s) (“Password”) to your Account; and (ii) all activity relating to your Account.

4. Viruses​

The downloading of content is done at your own risk. We cannot and do not guarantee or warrant that the Site or the content on the Site are compatible with your computer systems or that the Site or the content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Site.

5. User Account​

All fiat currency (“Funds”) and Digital Assets held by Coinberry on your behalf will be allocated to you in the records of Coinberry (your “Account”). You will receive an Account designation, along with its associated User ID and Password, upon registration. You are responsible for maintaining the confidentiality of your User ID and Password, and you are fully responsible for all activities that occur relating to your Account.

You agree to immediately notify us of any unauthorized use of your Account or any other breach of security and to ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.You authorize Coinberry to facilitate the process of purchasing, storing, and selling Digital Assets on your behalf. We are authorized to open or close your Account, cancel or correct any order for the purchase, sale or transmission of any Digital Assets on the Coinberry platform, and to take such other steps as are reasonably required to carry out your instructions, enforce these TOU or comply with applicable law.

Coinberry may in its absolute discretion and without any obligation to do so, hold Funds and Digital Assets allocated to your Account separately from other Funds and Digital Assets that are not allocated to your Account. In the alternative, Coinberry may in its absolute discretion, hold Funds and Digital Assets allocated to your Account in one or more mixed accounts maintained by Coinberry at its financial and Digital Asset counterparties.

Coinberry is hereby granted a general lien on all Funds and Digital Assets allocated to your Account (the “Lien”). Coinberry may, at its absolute discretion and at any time and from time to time, apply any and all Funds and Digital Assets allocated to your Account, the selection of which being in Coinberry’s absolute discretion, to set-off or otherwise satisfy any amounts that you may owe to Coinberry.

In respect of your Account, you may use the Services to place an order to buy, sell or transfer a Digital Asset or transfer Funds (each, an “Order”). Subject to these TOU, you may not place an Order unless you have sufficient Funds or Digital Assets allocated to your Account to satisfy payment for the Order. If you place an Order with insufficient Funds or Digital Assets allocated to your Account, we may cancel the entire Order or fill only a partial amount of such Order. Coinberry may, in its absolute discretion, execute an order notwithstanding that you have insufficient Funds or Digital Assets allocated to your Account to satisfy payment for such Order and in such case, Coinberry shall be entitled, in its absolute discretion, to: (i) repossess and foreclose upon any Digital Assets that were purchased by such Order, regardless of any increase in their value; (ii) liquidate all or any other Digital Assets allocated to your Account, the selection of which being in Coinberry’s absolute discretion, in order to satisfy the payment for such Order; (iii) deduct any amounts from the Funds allocated to your account to satisfy any deficiency for any Order; and/or (iv) consider any deficiency in payment for such Order to be an extension of credit to you by Coinberry and your Account shall be subject to the Lien in respect of the repayment of such credit.

You agree to examine, from time to time, all entries and the balance recorded in respect of your Account and undertake to forthwith notify Coinberry in writing of any errors or omissions in respect of the Funds or Digital Assets allocated to your Account or any other errors or omissions relating to your Account. If any Funds or Digital Assets are erroneously allocated to your Account, even if such error is the fault of Coinberry, you shall be responsible for immediately returning such Funds or Digital Currency to Coinberry. Until such Funds or Digital Currency are returned by you to Coinberry, suchFunds or Digital Currency shall be treated as an extension of credit to you by Coinberry and your Account shall be subject to the Lien in respect of the repayment of such credit.

Unless otherwise agreed by you and Coinberry in writing, all amounts owing by you, whether Funds or Digital Currency, shall bear interest at the rate of 2% per month, or a pro-rated amount in respect of partial months (“Interest”). Interest shall be calculated in the denomination of Funds or Digital Currency in which the credit is extended. Coinberry shall be entitled to claim against you for any and all amounts owing by you to Coinberry, including but not limited to the extension of credit by Coinberry to you. Coinberry shall not be limited by the Funds or Digital Assets allocated to your Account in respect of its rights to recover against you and Coinberry shall be entitled to all remedies available to it at law or in equity in respect thereof.

You acknowledge and agree that, in the course of providing the Services to you, neither Coinberry nor its representatives provide any advice or recommendations regarding the purchase or sale of any digital asset available on the Site (each, a “Digital Asset”). You are responsible for your investment decisions and transactions and the profits or losses resulting therefrom. It is your responsibility to report any taxable gains, losses or other tax reporting in respect of your use of the Services.

Coinberry is not an advisor to you. Information on the Site is not intended to be advice of any kind and your use of the Services does not, and should not, be considered to be a subscription for any advice of any kind. Neither Coinberry, nor its representatives, provide you with any legal, tax, or accounting advice regarding the profitability of any Digital Asset or investment or any decision in respect thereof. You agree that neither Coinberry nor its representatives shall have any liability to you, or any other party that you are associated with, for any claim in respect of the foregoing.

6. Indemnity

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, your use of the Services, your violation of the TOU, or your violation of any rights of another.

7. Proprietary Rights

You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in or information presented to you through the Site which are either ours or licensed to us by third parties is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.

8. Third party sites and software

Coinberry offers links to other third-party websites that may be of interest to our website visitors. The links provided in our website are provided solely for your convenience and may assist you in locating other useful information on the Internet. When you click on these links you will leave Coinberry’s website and will be redirected to another site. These sites are not under the control of Coinberry.

Coinberry is not responsible for the content of linked third party websites. We are not an agent for these third parties nor do we endorse or guarantee their products. We make no representation orwarranty regarding the accuracy of the information contained in the linked sites. We suggest that you always verify the information obtained from linked websites before acting upon this information.

Also, please be aware that the security and privacy policies on these sites may be different than Coinberry’s policies, so please read third party privacy and security policies closely.

Some third-party websites that may be of interest include websites that provide you with wallets, programs, platforms, applications, exchanges or other services (collectively, the “Wallets”) that allow you to store digital currency which are not under the control of Coinberry and are unrelated to Coinberry. You acknowledge and agree that your download and use of the Wallet is at your own risk and that Coinberry has made no implied or express representations, representations or guarantees and conditions of merchantability of any kind in connection with the Wallets. Any and all damage, destruction or loss of the Wallets or the contents of the Wallet are at your sole risk.

9. Trademark Information

Coinberry and other brand names and logos which are derived of Coinberry are trademarks of Coinberry. All other company names, brand names and logos used on the Site are the trademarks of their respective owners. You agree not to display or use in any manner any of the trade-marks without express written permission from us or the trademark owner.

10. Copyright Information

The content on the Site is protected by various copyright laws. You agree not to reproduce, republish or redistribute any content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner.

11. Disclaimer

Except where prohibited by applicable laws and regulations or any other provision of these TOU, you expressly acknowledge and agree that Coinberry will otherwise have no liability or responsibility whatsoever, whether pursuant to the laws of contract, tort, any theory of equity or any other theory of law, for any direct, indirect, special, punitive, or consequential damages or loss, however caused, arising out of your accessing the Site or your use of the Services, including, but not limited to: (a) losses resulting from fraudulent or unauthorized transactions; (b) losses related to the installation, use, or maintenance of a personal computer, equipment, or software, or caused by any worms, bugs, viruses, trojan horses, data bombs, defects, time bombs, or other items of a destructive nature which may be transmitted to or using the Site or Services; (c) any third-party claims or losses of any nature, including lost profits, punitive, or consequential damages; (d) losses related to any errors, mistakes, inaccuracies, or omissions in the Services; (e) losses relating in any way to taxes that you owe, including as a result of errors in the reporting thereof; (f) losses relating in any way to a variation in an Order caused or induced by the market price variation of any Digital Asset for any reason; or (g) losses resulting from scheduled or unscheduled outages or disruptions that delay or prevent Orders or the use of the Services or Site generally.

Coinberry does not control the trading value of Digital Assets and by using the Services you agree to keep Coinberry free of any liabilities or losses, direct, indirect, special or consequential damages, however caused, induced by the market price variation of any asset for any reason.

Although Coinberry tries to deliver you up to date market data such as quotes, order books, and charts the data is provided ‘as is’ without any guarantee of being the latest. The data may also have typographical errors, be incomplete and inaccurate. Coinberry will try to correct those mistakes on a best effort basis but do not necessarily commit to do so.

THE SERVICES AND DIGITAL ASSETS PURCHASED VIA THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COINBERRY CANNOT AND DOES NOT GUARANTEE, AND DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, COVENANTS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (1) ANY WARRANTY OF MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) NON-INFRINGEMENT; (4) THAT THE SERVICES OR ANY DIGITAL ASSETS PURCHASED VIA THE SERVICES, WILL MEET YOUR REQUIREMENTS; (5) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; AND (6) THAT ANY DEFECTS WITH THE SERVICES, IF ANY, WILL BE CORRECTED. YOU UNDERSTAND THAT ANY USE OF, MODIFICATION TO OR RELIANCE ON THE SERVICES, OR ANY DIGITAL ASSETS PURCHASED VIA THE SERVICE, IS AT YOUR OWN DISCRETION AND RISK.

You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to your use of the Services, your breach of these TOU, your violation or infringement of the rights of others, or your violation of any applicable laws and regulations. Coinberry and its representatives disclaim any and all responsibility and liability regarding all such matters. You further agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of the Services, and that you will comply with all applicable laws and regulations in respect of same. We may investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including your Personal Information) regarding your usage of the Services in each case as may be permitted or required by applicable laws and regulations, including as necessary to satisfy any request authorized by applicable laws and regulations. Certain links on the Services may take you to other websites. We are not responsible for the content of any such linked pages and we make no representation or warranty regarding, and do not endorse or approve, any linked websites, the information appearing thereon or any of the products or services described. Your use of any such linked website is at your own risk.

No data transmission over the internet can be guaranteed to be 100% secure and as a result, we cannot ensure or warrant the security of any information you transmit to us.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, AND REGARDLESS OF A CLAIM UNDER CONTRACT, TORT OR ANY THEORY OF EQUITY, SHALL COINBERRY OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICES; (2) THE USE OR THE INABILITY TO USE ANY DIGITAL ASSET PURCHASED VIA THE SERVICES; (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF COINBERRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAWS AND REGULATIONS.

13. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 11 and 12 may not apply to you.

14. International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

The Services do not constitute an offer or solicitation in any jurisdiction in which such offer or solicitation is unauthorized or unlawful.

The Services are intended for use from locations where such Services are legal. Any use by you of the Services from a location where the services are illegal is expressly prohibited.

15. Consent to Information Sharing

We have engaged a third-party supplier to provide your identity verification for us. To verify your identity your personal information will be matched with the information contained in your Credit File Report and other third-party sources through what is known as a soft inquiry. Unlike hard inquiries, soft inquiries do not affect your credit score. You also consent to your personal information being compared to records maintained by third parties, including telecom and other service providers, and you consent to having those third-parties provide personal information to us and our third-party suppliers for the purpose of identity verification.

By using the Site and submitting your identification information on the Site, you confirm your consent to us collecting, using, disclosing, and storing your personal information for the purpose of your identity verification.

16. Right of Termination

We may at any time and from time to time, without notice or liability, alter, amend, restrict, modify, or terminate the Services or any function or portion of the Services, all in our absolute discretion. There is no guarantee that the Services or any portion or function thereof will be available for your use at any particular time or that they will continue to operate for any period of time, including but not limited to circumstances resulting from the removal, addition, modification, or change of or in the availability of the Services, or any restriction in access thereto, or any imposition of limits on any or all features of, or links to, the Services. We reserve the right, in our absolute discretion, to correct any errors or omissions in any portion of the Services at any time and without notice. This may include, but is not limited to the following: (i) suspending your Account and access to the Services or any part of the Services; (ii) reversing any transaction at any time, including after a transaction has been completed; (iii) rejecting an Order; and/or (iv) such other reasonable measure as we may determine in our absolute discretion in order to enforce these TOU.

We reserve the right to terminate these TOU with you at any time in our absolute discretion. Following such termination and subject to applicable law, we will provide you with an appropriate amount of time to transfer the Funds and Digital Assets allocated to your Account to another service provider.

COINBERRY SEEKS TO COMPLY WITH ALL APPLICABLE LAWS. THEREFORE, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TOU, WE MAY SUSPEND OR DELAY YOUR ACCESS TO THE SERVICES INCLUDING YOUR ABILITY TO TRANSFER THE FUNDS AND DIGITAL ASSETS ALLOCATED TO YOUR ACCOUNT TO ANOTHER SERVICE PROVIDER AND COINBERRY MAY TAKE ANY OTHER ACTION REASONABLY REQUIRED OR ASKED OF US BY APPROPRIATE LAW ENFORCEMENT OFFICIALS IN ORDER TO COMPLY WITH APPLICABLE LAWS OR LAWFUL INVESTIGATIONS BY LAW ENFORCEMENT OFFICIALS.

17. General Information

The TOU constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

The Site is not to be construed as any form of recommendation, promotion, endorsement, or an offer to sell any product or service, by or to enter any transaction with us.

This TOU shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario and the applicable laws of Canada. You agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada. Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use shall be resolved by binding arbitration held in Toronto, Ontario and before a single arbitrator, who is independent of the parties, legally trained and experienced in the field of information technology, in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17.

18. Electronic Delivery of Communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Account and your use of the Services. Communications include:

We will provide these Communications to you by posting them on the Coinberry website, emailing them to you at the primary email address listed in your profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.

19. Systems Disclaimer

Account access, and system response may be adversely affected. Interruptions, errors or other insufficiencies in service may befall through factors which are external to the control of Coinberry, including: (i) internet service interruptions, (ii) a system downtime in services of a third-party vendor, (iii) market volatility.

20. Conflict of Interest

Actual, potential, and perceived conflicts of interest exist in almost all human interactions. Our relationship with you is no different. We understand our responsibility to identify material conflicts of interest which would be expected to arise between Coinberry (including each individual, acting on their behalf) and our clients.

We are susceptible to conflicts of interest since we may regularly represent both sides to a transaction, namely, the buyer and the seller.The general types of conflicts of interest which can arise are:

As a Digital Assets broker, we are a Digital Assets intermediary – we are the party on the other side of the transaction (referred to as a “principal” trade) where we own the Digital Assets we sell to you or buy from you.

Management of Conflicts of Interest
In general, we deal with and manage relevant conflicts as follows:

Avoidance: This includes avoiding conflicts that are prohibited by law as well as conflicts that cannot effectively be addressed.

Control: We manage acceptable conflicts through means such as physically separating different business functions and restricting the internal exchange of information.

Disclosure: By providing you with information about conflicts, you are able to assess independently their significance when evaluating our recommendations and any actions we take.

Our goal is to address conflicts in a fair, equitable and transparent manner, consistent with the best interest of our users. We will try to avoid conflict where possible, and in all other cases either disclose the conflict, or manage it through internal controls and review processes. Conflicts deemed too significant to be addressed through controls or disclosures must be avoided. Disclosures will be made in a timely, meaningful and prominent manner.

Possible conflicts and how they are managed
The following information is intended to assist you in understanding and assessing material potential and actual conflicts of interest, including how we address them.

Conflict of Interest - We earn compensation by selling products and services to you for which you pay us.

Address by - Disclosure, Control.

How we address the conflict - We endeavor to be fully transparent on fees we charge. The latest information about our fees can be found on our website www.coinberry.com. We have a duty to act fairly and honestly in all dealings with you and the marketplace in general, and to correct any errors that we may make.

Conflict of Interest - Different products and services have differing levels of compensation.

Address by - Disclosure, Control.

How we address the conflict - Our fees are disclosed to you and we offer pricing alternatives intended to reduce the conflicts associated with fee-based pricing. The latest information about our fees can be found on our website www.coinberry.com.

Conflict of Interest - We would like you to use more of our services and buy more of our products as shown in our marketing.

Address by - Avoidance, Control.

How we address the conflict - We cannot and do not provide recommendations or advice solely for the purpose of generating revenue for us without any benefit to you. We have implemented policies and procedures to require the review and approval of marketing materials to ensure, among other things, that our marketing is accurate and not misleading.

Conflict of Interest - We would like you to use more of our services and buy more of our products and so we partner with individuals, organizations, companies and other third parties.

Address by - Control, Disclosure.

How we address the conflict - We have policies and procedures to ensure referral arrangements including the terms of such arrangements are disclosed and operated in accordance with regulatory standards.

Conflict of Interest - We may receive compensation from Digital Assets issuers and other third parties based on their products we sell to you, such as ‘listing fees’.

Address by - Disclosure.

How we address the conflict - We disclose to you the situations and type of third-party compensation we may receive. This information is available on our website at www.coinberry.com. Securities regulations require issuers to provide specific disclosure in the offering document (e.g., prospectus) of such arrangements- and the compensation we will receive.

Conflict of Interest - We are compensated in other ways as a result of the business you may do with us, including interest spreads on un-invested cash deposits with us and foreign exchange spreads when you convert currencies or trade cryptocurrencies.

Address by - Disclosure.

How we address the conflict - At all times possible, we endeavor to disclose to you various forms of other compensation we may receive. This information is available on our website at www.coinberry.com.

Conflict of Interest - We may sell you cryptocurrencies that we own (called principal trades) and may profit by doing so.

Address by - Disclosure.

How we address the conflict - In most cases we act as the principle for each transaction you make with us. In cases where we acted as the agent, we will tell you on the trade confirmation screen.

Conflict of Interest - In the case of Digital Assets forks we may be entitled to receive the airdrops of the fork for the Digital Assets we hold on behalf of our users.

Address by - Disclosure.

How we address the conflict - We will disclose whether the Digital Assets airdropped as a result of the fork will be made available to our users on a case-by-case basis.

Conflict of Interest - We may permit certain individuals who are registered with us to be employed by, participate in, or accept compensation from other persons or firms, outside the scope of his/her relationship with us.

Address by - Disclosure, Avoidance.

How we address the conflict - We have adopted internal policies and procedures that involve review and approval of such outside business activities to ensure outside business activities are not in conflict with registrant obligations. We have adopted internal policies and procedures that supplement the regulatory requirements, including policies on privacy and confidentiality of information.

Conflict of Interest - Individuals may serve on a board of directors or take on other activities that could take time or attention away from your account.

Address by - Avoidance, Control.

How we address the conflict - Securities legislation prohibits an individual from serving as a director of another registered firm that is not an affiliate of our firm. Our employees are prohibited from engaging in activities that would interfere or create conflict with their duties. We have policies and procedures in place to detect and, where applicable, supervise, disclose or prohibit any conflict of interest. When an individual registrant sits on a board of directors of a charity or undertakes other community activities in any substantive way, they are subject to regulatory guidance on the disclosure and approval of the outside business activities.

Conflict of Interest - As a result of business relationships with issuers of cryptocurrencies, we may know confidential information that we cannot disclose to you when we recommend the securities to you, even if that information might lead us not to offer buying the securities.

Address by - Control.

How we address the conflict - Our internal information barriers are designed to ensure regulatory requirements are complied with. We are obligated to maintain confidential any such non-public information obtained from issuers.

The information and examples contained herein have been compiled to the best of our ability and are not meant to be exhaustive of all possible conflicts of interest but rather a compilation of those conflicts that have been identified to date. We undertake to continue taking the necessary steps to identify and respond to such situations in a fair, equitable and transparent manner and consistent with the best interests of our clients.

21. Risk

Volatility Risk
The market prices of Digital Assets can be volatile. On any given day the market price of an investment may increase or decrease, sometimes materially. The time duration of such increases and decreases can last for an extended period of time.

Liquidity Risk
You may not be able to sell your Digital Assets if there are not enough buyers in the market when you want to sell. This can happen even if the Digital Assets you own is still viable.

Foreign Currency
Risk Digital Assets you buy may be traded in a foreign currency; in this case you may be paid in that currency when you sell. If the foreign currency has declined in value relative to the Canadian dollar you may suffer a loss when you exchange the currency into Canadian dollars. If Coinberry cannot hold an account in the foreign currency you will be forced to convert your investment to Canadian dollar at the time you buy and sell these cryptocurrencies.

22. Airdrops, Forks

Airdrops
An airdrop is a distribution of a Digital Asset token or coin to numerous wallet addresses. Airdrops are primarily implemented as a way of gaining attention and new followers, resulting in a larger user-base and a wider disbursement of coins. We may receive airdrops of Digital Asset tokens or coins into wallet addresses controlled by us that may hold Digital Assets belonging to you. By using Coinberry you forfeit any profit, loss or voting right claims to Digital Assets tokens or coins airdropped into our cryptocurrency wallets.

Forks
A fork is a rule change such that the software validating according to the old rules will see the blocks produced according to the new rules as invalid. In case of a fork, all nodes meant to work in accordance with the new rules need to upgrade their software and will no longer be compatible with old rules. This may impact the value, functionality, and other characteristics, such as the name of the Digital Assets. We are not responsible for any consequences arising from a fork, including any perceived, or actual, losses or missed gains. It is in our sole discretion to decide whether or not to support the cryptocurrencies subject to a fork or whether or not to distribute the forked Digital Assets to our users, with or without prior notification. By using Coinberry you forfeit any profit, loss or voting right claims to any cryptocurrencies forked on the platform.

Privacy Policy

Coinberry Limited, may be referred to in this Privacy Policy as "we," "us," "our" or other similar pronouns. This privacy policy ("Policy" or "Privacy Policy") outlines, in general, the Personal Information (as defined herein) and other information that is collected by us from consumers and how we use and protect it. This Policy governs your use of our consumer-directed websites (the “sites” or “websites”) and collection of data through both online means and offline means.

Introduction

At Coinberry, we take data security very seriously. Safeguarding your data and privacy is at the top of our priority list having been established as one of our key pillars to success. You have entrusted us with your personal information and we intend to use every tool at our disposal to keep it out of the hands of bad actors.

To start, we limit the use, disclosure and retention of your information. That means we only collect data that is absolutely necessary to comply with Anti-Money Laundering and Know-Your-Customer requirements set out by FINTRAC and always ensuring PIPEDA guidelines are incorporated into policies and procedures that come in contact with your information. We utilize best-in-class encryption protocols for both data-at-rest and data-in-transit. We employ routine penetration tests and dynamic threat models to get ahead of and defend against new vulnerabilities and cyber-attacks.

Our initiatives are underpinned by a firm belief that there are no shortcuts in cyber security. Being a successful business to us means your data is as secure as your funds.

You May be Contacted

Should you contact us in any form for the purpose of ordering our products, we consider such an inquiry for a return contact. As such, we may contact you via telephone in order to follow up with you and help you complete you order. Accordingly, even if your contact information appears on any state or federal Do Not Contact lists, you acknowledge in such a case that you may receive a telephone call or other contact from us pursuant to your express business inquiry or transaction. You may stop us from calling you at any time by simply asking us to refrain from further calls to you. We maintain an internal no-call list and abide by all applicable laws relating to such.

Your Consent to This Privacy Policy

By providing your Personal Information (whether online or offline), you agree with the terms of our current Privacy Policy as posted here, as such terms may be amended from time to time.

Collection of Personal Information

As used in this Privacy Policy, "Personal Information" means personally identifiable information such as your name, street address, telephone number, credit card and other payment information, screen name, e-mail address, wireless e-mail address, short message service or text message address, demographic information and other information that may identify you or allow online or offline contact with you. We may collect your Personal Information from you directly, or from third parties, and we may combine it with other information we collect about you from you or from third parties.

How We Use Your Information

When you provide your Personal Information to us, we will use all or part of the Personal Information for the following purposes.

We are able to deliver our products or services to you by using your Personal Information and to understand how you use or interact with our products or services to help us evaluate and improve products or services, develop new product or services and conduct audits and troubleshoot activities related to the provision of products or services.

We use your information to send you marketing communications, communicate with you about our products or services and let you know about our policies and terms. We also use your information to respond to you when you contact us.

How is Personal Information Shared?

We share Personal Information in the following instances.

We retain other companies and individuals to perform functions on our behalf. Examples include sending postal e-mails, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing banking transactions, and providing customer service. They have access to Personal Information needed to perform their functions.

If we are involved in a merger, acquisition or sale of all or a portion of our assets, Personal Information may be disclosed, released, transferred, sold or otherwise conveyed to prospective or actual buyers, sellers and/or entities related to us.

We may disclose Personal Information as required by law or subpoena or similar legal process. We may also disclose Personal Information when we believe in good faith that disclosure is necessary toprotect our rights, protect your safety or the safety of others, investigate fraud or respond to a government request or to any other third party.

Indemnify

You agree to indemnify and hold us, and our parent corporation, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, your use of the Site, your violation of the TOU, or your violation of any rights of another.

Non-Personally-Identifiable Information We May Collect Online

We may use various technologies to collect non-personal information about your visits online so that we can tailor our sites and products to best suit your interests and needs.You may have heard of "cookies," which are small data files or pieces of information that are stored by your browser on your computer's hard drive. We may use cookies to collect information during and about your visits to our websites, such as the particular site areas you visit and the products or services you buy through our websites. Cookies may also be used to recognize that you have provided Personal Information to us and refrain from requesting the same information a second time (e.g., a username and/or password, or an e-mail address or other contact information).

Most browsers are initially set to accept cookies, but can easily be set to refuse cookies. Note, however, that refusal of cookies may limit your ability to take full advantage of all the site features. If you do not consent to the placing of cookies on your device, please do not visit, access, or use Coinberry.

Our servers collect information about your computer, such as your IP address, the type of Internet browser you are using and the type of computer operating system you are using. Such information may be used to personalize your web site experience, and to evaluate statistics about usage of our websites. Such information may be used anonymously and in the aggregate or may be linked to your Personal Information. Also, our server may record your activities as you navigate to, on and from our websites.

We may use pixel tags (also called clear gifs) or other similar tracking technologies in our websites and/or in our communications to collect information about your navigation on our websites, and to enable us to know whether you have visited a Web page or received a message. This information enables us to serve you and your interests better. Any or all of these activities with respect to website usage information (as described above in this section) may be performed on our behalf by our Service Providers.

Third Party Linked to Sites

When you are on our websites you may be able to visit, or link to, other sites which may be operated by unaffiliated third parties, but which are not covered by this Privacy Policy. These sites may collect Personal Information about you, and you should check the privacy policies of the specific site you are visiting to understand your rights.

Privacy of Children Online

We are committed to protecting the online privacy of children and making the Internet safe for our users. We do not offer products or services to children under the age of 18 years old, and will never knowingly collect information from minors. Minors should not place orders or provide personal information through this website.

Security of Information

We are committed to protecting the online privacy of children and making the Internet safe for our users. We do not offer products or services to children under the age of 18 years old, and will never knowingly collect information from minors. Minors should not place orders or provide personal information through this website.

You may be able to create an account on our website with a username and password. In some cases, your username may be your e-mail address. If so, you are responsible for maintaining the strict confidentiality of your account password. We recommend that you choose a unique password for your website account and that you do not use any password that you also use for any other accounts which may contain your sensitive information, such as financial accounts or e-mail accounts. To protect your privacy and security, we take reasonable steps (such as requesting a unique passcode or PIN) to verify your identity before granting you access to your account. You agree to immediately notify of any unauthorized use of your password or account or any other breach of security. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

Please note that we cannot guarantee the security of account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time; there is no guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.

Changes to Our Policy

We reserve the right to change or remove this Privacy Policy at our discretion, so check back to this page from time to time to see such changes. For certain material changes to this Privacy Policy, we may notify you by additional means, such as by posting a notice on the front page of our website or sending you an email.

Contact Us

You can contact us about this privacy policy by writing or emailing us at the contact address found at: privacy@coinberry.com

AML Policy

1. Our Commitment

Coinberry is committed to preventing, detecting and deterring fraud, money laundering and terrorist financing. Coinberry has a no-tolerance fraud, money laundering and terrorist financing policy and actively engages the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), the Royal-Canadian Mounted Police (RCMP) and other law enforcement agencies when users engage in activities contrary to this policy.Coinberry is a reporting entity under current Canadian anti-money laundering (AML) and counter terrorist financing (CTF) legislation and is registered as a Money Service Business (MSB) with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).

2. Compliance Program

Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and its regulations, Coinberry has an AML & CTF program that consists of these five elements:

3. Operational Compliance

In addition to our documented program that consists of the five elements, Coinberry also operate in a FINTRAC compliant manner. This includes:

Refund Policy

All trades conducted on Coinberry are final.Exceptions will be made if:

All deposits made to Coinberry user accounts can be refunded, at the request of the user, provided the following conditions are met:

If a portion of the funds remains in the user account, a partial refund may be completed at the request of the user. We reserve the right to hold refunds for a period of up to 14 days or until we can verify the source of deposited funds. Refunds will only be sent to the same account and method used by the funding transaction.

Accounts requesting a withdrawal of Fiat or Crypto currency in original form, without conducting a trade will be deemed as a refund request. All refund requests will be charged an account maintenance fee calculated as the larger of $25 or 5% of the total amount requested.

Once funds, in any format, are withdrawn from the Coinberry platform, you are no longer entitled to a refund.

For any questions, please visit our Support page.