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Terms of
Service
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THIS AGREEMENT
SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH GWEBCASH WILL
PROVIDE ITS ACCOUNT SERVICES. THIS AGREEMENT DESCRIBES USER’S
RIGHTS AND OBLIGATIONS WHEN USING THESE SERVICES. USER MUST
READ THE AGREEMENT CAREFULLY AND BE SURE USER UNDERSTANDS
THESE TERMS AND CONDITIONS.
CREATION OR USE OF A GWEBCASH ACCOUNT MEANS USER ACCEPTS ALL
THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THE PARTIES TO THIS AGREEMENT ARE THE ISSUER AND THE USER.
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1. Definition
of Terms
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USD backing the
GwebCash currencies is held in trust by The GwebCash Special
Purpose Trust for the exclusive benefit of all GwebCash
account holders collectively.
1.1."GwebCash"; means the currency backed by USD;the word "GwebCash";
is a registered trademark.
1.2."Issuer"; means GwebCash., a Panama Corporation.
1.3."Primary User"; means the User that creates the GwebCash
account. Primary User is the owner of the account from the
perspective of Issuer. Primary User may add additional Users
to the account. The Issuer shall treat all such additional
Users as agents or delegates of Primary User.
1.4."Permissions"; means account access privileges granted by
Primary User to designated additional Users. Unless Primary
User specifically limits permissions, such additional Users
have the same privileges as Primary User with certain
exceptions, including, but not limited to (1) the ability to
reassign Primary User status and (2) the ability to close the
account.
1.5. "User"; means any user accessing a GwebCash account with
permissions granted by Primary User.
1.6."Available Balance"; means the total balance of a
particular GwebCash account minus any accrued fees.
1.7."Spend"; means the act of transferring value between
GwebCash accounts. Spends are accounted in USD (or other
foreign currency equivalent) and convey title to that precise
amount of value. Spends may not exceed Available Balance.
1.8."Passphrase"; means a series of characters, known only to
User, deemed of suitable complexity as determined from time to
time by Issuer. For purposes of this agreement, Passphrase
also refers to other authentication mechanisms to which Use
rand Issuer mutually agree.
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2. Conditions
of Use
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User acknowledges
that (i) GwebCash is not a bank(ii) GwebCash accounts are not
insured by any government agency and (iii) GwebCash is not
subject to banking regulations.
2.1. User Obligations. User agrees that all User obligations
under this Agreement are the joint and several obligations of
all the Users with greater than read-only access to a
particular account.
2.2.Identifying Information. User must provide Issuer with
valid and accurate identifying information as determined from
time to time by Issuer.
2.3.Protection of Passphrase
2.3.1. User is responsible for the protection of User’s
Passphrase that gives access to User’s GwebCash account. User
agrees that, in the event of the loss or misuse of User’s
Passphrase,Issuer disclaims all liability for such loss. User
shall indemnify and hold harmless Issuer for relying on
transactions authorized using User’s Passphrase prior to such
time as User notifies Issuer that User’s Passphrase has been
compromised.
2.3.2. User acknowledges and accepts that in the case of a
claim of unauthorized Spends, the presumption shall be that
all Spends are authorized by and are the liability of the
User.
2.3.3. User must not divulge User’s Passphrase to anyone else,
nor may User use anyone else’s Passphrase. User agrees that
Issuer will treat any person accessing User’s account using
User’s Paraphrases the User.
2.3.4.Issuer is not responsible for losses incurred by Us eras
the result of User’s misuse of a Passphrase.
2.3.5. User agrees that any action taken by any person using
User’s Passphrase shall be binding on Use rand all other
parties with an interest in that account.
2.4.Irrevocably of Spends
2.4.1. User agrees that all Spends initiated by User are final
and not reversible.
2.4.2. User is responsible for all Spends from User’s GwebCash
account, except as provided in section 2.3, even if the
instructions provided by User are incorrect.
2.4.3User understands and acknowledges that user is aware that
GwebCash spends are irrevocable and that user agrees to follow
the policy of buyer beware ("Caveat Emptier") when using
GwebCash at various merchant sites, especially merchants such
as gaming or gambling or "HYIP"and other types of investment
or chance games or matrixes or Ponzis (pyramid schemes), which
are identifiable by their promises of extremely high (more
than 1% per day) rates of return, and that should user still
wish to deal with such merchants that it is at user"s own
risk.
2.4.4 User understands and acknowledges that GwebCash is
registered and is 100% domiciled in Panama and that GwebCash
follows the laws of Panama, including, but not limited to,
allowing gaming and gambling businesses to use GwebCash as a
payment system, which may not be acceptable or legal in user"s
own jurisdiction.
2.4.5 User understands and acknowledges that GwebCash does not
act as judge or jury or as law enforcement or as a court of
law with respect to any disputes between users of GwebCash.
User understands that any such involvement by GwebCash in the
affairs of users of the system could expose GwebCash to civil
legal liability, or possibly criminal liability, even if
GwebCash believes that its actions are in good faith. Issuer,
when practicable, will refer User to utilize the services of
the Global Digital Currencies Association (www.gdcaonline.org)
should any dispute arise between users.
2.4.6 User understands and acknowledges that GwebCash has
posted fraud alerts on its home page and that links to the
fraud alerts and these Terms of Service appear (and must be
acknowledged) before any spend or transfer can be made in
user"s GwebCash account. These fraud alerts specifically warn
users not to use GwebCash to make spends or internal transfers
to Ponzi or "HYIP" or otherhigh yield investment-type programs
and to make sure that user is made aware of the dangers of
sending funds to unknown or poorly known Internet sites. User
has the right to completely ignore these warnings and
instructions if user chooses so to do, but user acknowledges
that user does NOT have the right to then blame GwebCash for
not physically restraining user from doing foolish things with
user"s funds or for not policing the Internet.
2.5.Disputes Between Users
2.5.1. Any disputes that arise between Users are not the
responsibility of Issuer.
2.5.2. User acknowledges Issuer does not make any guarantees
regarding purchases made when using the GwebCash service. User
acknowledges that Issuer does not ensure the quality, safety,
or legality of any merchandise received, nor that the seller
will even ship the merchandise.
2.6.Indemnification
User agrees to indemnify and hold harmless Issuer, its agents,
affiliates, officers, directors and employees from any claim
or demand whatsoever relating to or arising out of User’s use
of the GwebCash system, except for any loss caused by willful
misconduct of Issuer.
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3. Obligations
of Issuer
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Issuer shall
honor these obligations:
3.1. Reserve Requirement
3.1.1. All funds in circulation shall be backed 100% at all
times with unencumbered USD (or other currency that is held in
User’s GwebCash account).
3.1.2. Under no circumstances will Issuer abrogate its
obligation to back all electronic funds with (at least)
100%reserve of USD or Euros.
3.2. User Interface
Issuer will ensure that a secure online User interface is made
available.
3.3.Exchange Rates
Strictly for User’s convenience, Issuer may allow Spend order
entry in terms of national currency units using an exchange
rate specified by Issuer. Posted exchange rates are only for
convenience of User. Issuer does not make a market for
exchange and Issuer does not represent that anyone will make a
market honoring the specified exchange rates.
3.4. Privacy
3.4.1.Issuer will produce and maintain a Privacy Policy, which
will be publicly available at the GwebCash website. In the
event of any conflict between the Privacy Policy and this
Agreement, the terms of this Agreement will control.
3.4.2.Unless (1) otherwise approved by User or (2) ordered by
a court or arbitration body of acceptable jurisdiction, as
determined by Issuer, Issuer shall not reveal User’s cont
actor identifying information or transaction history to any
third party.
3.4.3.Issuer will not store Passphrase in plain text. No
employee of Issuer will ever ask for User’s Passphrase.
3.4.4 User agrees that the only way to recover access to a
User Account where the Passphrase or Login ID have been lost
is by following the password recovery procedure established by
Issuer. User is responsible for being able to meet the
requirements and costs for the password recovery. GwebCash
will not be responsible in any way for any of User’s losses
due to User failing to meet the requirements for password
recovery.
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4. Rights of Issuer
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Issuer reserves
the following rights:
4.1.Governance Model
Issuer reserves the right to appoint third parties to fulfill
specified governance roles, including, but not limited to: (1)
Trust, (2) Auditor, (3) Operator.
4.2. Value Limits
Issuer may set value limits (balance, spends, etc.) on a
GwebCash account based on the sufficiency of the identifying
information provided by User or by order of a court or
arbitration body acceptable to issuer. Issuer may restrict
User’s ability to use more than one GwebCash account in an
attempt to circumvent the value limit.
4.3. Fees
Issuer reserves the right to assess and collect the following
fees from User’s account:
4.3.1.Monthly Fee — collected by Issuer monthly from user’s
account.
4.3.2. Spend Fee — deducted by Issuer in USD from the
recipient account of a Spend.
4.3.3. Other Administrative Fees — collected by Issuer for
providing support to User when User contacts Issue rand Issuer
is not at fault.
4.3.4. Funds Recovery Process and Fees.
Upon satisfying all legal requirements necessary to recover
funds, GwebCash will, if at all possible, attempt to recover
the funds in question. Common legal requirements include, but
not limited to: valid court orders, valid law enforcement
orders, notarized copies of all requests submitted in writing
and notarized copies of all IDs. Inmost cases all originals
have to be submitted via postal mail, as electronic copies
sent by e-mail are not acceptable. If by any reason GwebCash
is requested to recover any funds by any reason, a one-time
10% Recovery fee will be charged in order to cover any and all
expenses of the recovery process.
4.4. Escheat
Issuer will not escheat inactive GwebCash accounts. An
inactive account with a balance shall remain dormant forever,
other than continued assessment of fees, unless and until an
heir presents valid documentation entitling the heir to
inherit the account.
4.5. Force Majeur
Issuer will not be responsible for delays or failures in the
transmission, receipt or execution of orders, payments,
deliveries or information due to events beyond its control.
The obligations of this contract precede any government
enactment.
4.6. Right of Association
Issuer reserves the right to refuse service to particular
individuals or entities, at its sole discretion, with or
without cause.
4.6.1.Refusal with Cause
Issuer will block any transactions that increment or decrement
the balance in User’s GwebCash account ("Freeze"), with cause:
4.6.1.1.Issuer will Freeze the GwebCash account of User if
User uses, or attempts to use the GwebCash service in
connection with tampering, cracking, modifying or otherwise
corrupting the security or functionality of the GwebCash
system. Additionally, User will be subject to damage sand
other penalties, including criminal prosecution where
available and the notification of the general public of User’s
actions, at the sole discretion of Issuer.
4.6.1.2.Issuer will Freeze or remove a Freeze from a GwebCash
account, if ordered to do so by an order from a court or
arbitration body of acceptable jurisdiction, as determined by
Issuer.
4.6.1.3.Fees will continue to be assessed on a frozen account.
4.7.Trademarks
Issuer retains all right, title, and interest in and to
trademarks. User shall only use GwebCash trademarks with the
express permission of Issuer. User shall not use the
trademarks in any manner that is disparaging to GwebCash.
Under no circumstances may a User alter, modify, or change
Issuer’s trademarks.
4.8 Exchange services (i. e. exchanging national currency to
GwebCash and vice versa and other currencies to GwebCash and
vice versa) are provided by independent Exchange Providers
4.9. Privacy and Confidentiality Policy
4.9.1 GwebCash recognizes the User’s right to confidentiality
and privacy.
4.9.2 Unless ordered by a ruling body of competent
jurisdiction acceptable to Issuer, Issuer shall not reveal
User’s contact or identifying information or transaction
history to any third party.
4.9.3 Issuer will ensure that User has the ability to examine
User’s contact and identifying information and make updates
and changes when necessary.
4.9.4 Issuer will not store any User details, including but
not limited to account history, contact or identifying
information, or Personal Identification Number(s) in
unencrypted plain text under any circumstances.
4.9.5 User agrees that GwebCash has the right to monitor the
GwebCash Network electronically from time to time in order to
operate the System properly.
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5. Third Party Links
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5.1 GwebCash
provides links to other web sites that maybe of interest or of
use to Users solely for the convenience of Users. Any such
linked site does not constitute part of the GwebCash Network
unless expressly stated. GwebCash is not responsible for the
privacy practices, or the content of any such web sites.
5.2 User acknowledges and agrees that GwebCash (and its
directors, affiliates, officers, employees and agents) give no
warranties or representations in connection with any links to
other web sites or the operations of those web sites and in no
way guarantees the use of such web sites or the services
offered, included but not limited to the services of any
Exchange Provider.
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6. Arbitration
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Any controversy
or claim arising under or related to this Agreement shall be
settled by arbitration in accordance with the Arbitration
Rules of the Global Digital Currencies Association before a
single arbitrator appointed by mutual consent of the parties
to this Agreement. The language of the arbitration shall be
English.
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7. Waiver
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Failure to exercise or delay
in exercising any right,power or remedy hereunder by Issuer
shall not operate as waiver thereof, nor shall any single or
partial exercise of any right, power or remedy of Issuer
hereunder preclude any other or future exercise thereof or the
exercise of any other right, power or remedy.
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8. Assignment
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The provisions of
this Agreement shall be continuous and shall inure to the
benefit of Issuer, its successors and assigns, and shall be
binding upon User and/or the estate, personal representatives,
administrators and successors of User. Issuer may assign its
right sand delegate its duties as to any or all transactions
under this Agreement. User shall not delegate any obligations
hereunder without the prior written consent of a duly
authorized officer of Issuer and any attempt at such
delegation without such consent shall be void.
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10. Severability
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In the event that any
provisions of this Agreement shall be determined by an
arbitration body or a court of competent jurisdiction to be
unenforceable in any jurisdictions,such provision shall be
unenforceable in that jurisdiction and the remainder of this
Agreement shall remain binding upon the parties as if such
provisions were not contained therein. The enforceability of
such provision shall otherwise be unaffected and remain
enforceable in all other jurisdictions.
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11. Entire Agreement
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This Agreement constitutes the
entire and whole Agreement between User and Issuer and is
intended as a complete and exclusive statement of the terms of
the Agreement. This Agreement shall supersede all other
communications between the parties. This Agreement may be
amended only upon execution of a subsequent agreement or upon
User’s failure to object within 10 days to modifications
posted on Issuer’s website.
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