Terms of Use

Coinberry Limited ("we" or "Coinberry") maintains a website currently located at coinberry.com (the "Site"). The Site is provided to you subject to your compliance with the following Terms of Use ("TOU").

1. Acceptance of Terms of Use

By using the Site, you agree to be bound by all terms and conditions contained in the TOU.

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

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

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 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​

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 under 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.

6. Indemnity​

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.

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 or warranty 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 of Warranties

You expressly understand and agree that:

  • Your use of the site is at your sole risk. The site is provided on an “as is” and “as available” basis. We expressly disclaim all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to, implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.​

  • We make no warranties, representations or conditions that: (I) the site will meet your requirements or expectations (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the content, information, products or services obtained by you through the site will be accurate, reliable, up-to-date, complete, untampered or free of viruses or other harmful components, and (iv) any defects or errors will be corrected.

  • Any material or data downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material or data.

  • No advice or information, whether oral or written, obtained by you from the site or through or from the site shall create any warranty not expressly stated in the tou.

12. Limitation of Liability

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the site; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the site; or (v) any other matter relating to the site.

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 10 and 11 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.

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 reject your order, reverse transactions or terminate your account at any time with immediate effect for any reason, including but not limited to breach of the TOU. Upon termination of this Agreement, unless prohibited by applicable law, you may:

  • transfer Crypocurrency for sixty days (60) thereafter; and / or
  • transfer fiat currency at any point in the seven-year period thereafter, commencing on the date of the termination.

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 TOC 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 Coinberry Account and your use of Coinberry Services. Communications include:

  • Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
  • Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
  • Responses to claims or customer support inquiries filed in connection with your Account.

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.

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 to protect 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.

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

  1. Written policies and procedures: these list our responsibilities under the law, and what we are doing to meet them;
  2. A documented Risk Assessment: a document that describes and assesses the risk that our business could be used to launder money or finance terrorism;
  3. The appointment of a Compliance Officer: the person who is ultimately responsible to develop and maintain our AML and CTF compliance program;
  4. AML Compliance Effectiveness Reviews: testing and reporting completed either annually or every two years that assesses how well our compliance program is working; and
  5. Training: conducted at least annually to ensure that everyone understands his or her roles and responsibilities.

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:

  • Collecting and recording client identification and know your customer (KYC) information, in accordance with legal requirements, prior to granting users access to our platform,
  • Reporting certain types of transactions to regulators and government agencies including, but not limited to, transactions suspect to be originating from or connected to terrorist, money laundering, tax evasion, fraud or other illegal activities,
  • Maintaining appropriate registration and licensing, and
  • Keeping all user and transaction records in a manner required by law.

Refund Policy

All trades conducted on Coinberry are final.

Exceptions will be made if:

  • A refund is required due to applicable law or regulation; or
  • The erroneous trade is due to a technical error. Coinberry will take reasonable action to restore the user's position prior to the error.

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

  • The original funding method and bank is the recipient of the refund; and
  • The funds remain in the original funding currency.

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.