1. We retain the right, at any time, in our sole and absolute discretion, and without previous notice, to amend, modify, change, or revise this Agreement. Any such modifications to how you utilize the Services will take effect when they are posted on the Peerwallet website, not in the past. We may also let you know by email if you've given us your email address when the Agreement has been changed. Your only option if you disagree with the terms of the amended Agreement is to immediately stop using the Services and close your account.
2. You are accountable for carefully reading the Agreement and periodically reviewing it when it is updated on the Peerwallet Website. Your acceptance to be bound by the then-current Agreement will be indicated by your continued use of the Services.
3. A waiver of any of our rights or remedies by Peerwallet's failure or delay in fully or partially implementing any element of the Agreement is not intended.
1b. CONSUMER PROTECTION
2. ACCOUNT & REGISTRATION
1. You must set up an account on our website to utilize the Services. We will ask you for details, such as your name, address, and other personal information, during the registration process to confirm your identification. We have the right to decline to maintain an account for you at our sole discretion. You declare that you are (a) of legal age in your jurisdiction to enter into this Agreement and (b) have not previously had your access to our Services suspended or terminated.
2. By using your account, you affirm and agree that you will only use our Services for personal use. You are not permitted to use your account to serve as a middleman or broker for any other person, business, or organization. You are only permitted to have one account, and you may not lend, sell, share, or otherwise make your account information available to anyone or anything besides yourself unless specifically permitted by Peerwallet. Any usernames, email addresses, passwords, two-factor authentication codes, and other codes or credentials that you use to access the Services are your sole responsibility and are subject to your full responsibility and liability. There must be no false or fraudulent information in your account. It is forbidden to fabricate information for your account, lie about your country of origin, or present fake identity documents.
3. You consent to give us the information we need during the account registration process to verify your identity and identify money laundering, terrorist funding, fraud, or any other financial crime, and you permit us to keep a record of such information. Before being allowed to access the Services, you will have to go through a few verification processes. These processes may change as a result of the continuing data we gather on you. We may ask for personal information, such as your name, address, phone number, email address, date of birth, social security number, taxpayer identification number, and official identification. You certify that all of the information you provide to us is true, accurate, and not deceptive by providing it to us along with this or any other information that may be necessary. You acknowledge that if any of the details you supply change, you will notify us right away. YOU AGREE TO PERMIT US TO SEEK ANY INFORMATION WE DEEMED NECESSARY TO CONFIRM YOUR IDENTITY OR PROTECT YOU AND/OR US AGAINST FRAUD OR OTHER FINANCIAL CRIME, DIRECTLY OR THROUGH THIRD PARTIES, AND TO TAKE ANY ACTION WE DEEMED NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES. You acknowledge and agree that, when we do these inquiries, credit reference, fraud prevention, or financial crime agencies may receive your personal information and that they may fully respond to our inquiries.
4. If you are using the Services on behalf of a legal entity, such as a corporation, you also represent and warrant that the legal entity is properly organized and in good standing under the applicable laws of the jurisdiction in which it was formed, and (ii) you have been given proper authorization by the legal entity to act on its behalf. Only the individual who registered the corporate-verified account is authorized to use it and it is specific to that legal entity. Corporate accounts cannot be shared with or used by other people or organizations. The following confined exemptions are available for authenticated corporate accounts:
● An authorized corporate account may have many active users accounts at any given time, provided that each one is business-verified and run by authorized workers of the firm that Peerwallet has previously disclosed and approved, in its sole and absolute discretion;
● Corporate accounts are prohibited from receiving numerous offers for the same transaction from their other corporate accounts and are only permitted to have one current offer for a particular transaction at any given moment.
5. Any IDs, passwords, hints, personal identification numbers (PINs), API keys, or other codes that you use to access our Services must be kept secure and under your complete control at all times. Any loss or breach of the information mentioned above and/or your personal information may allow other parties to access your account without authorization and result in the loss or theft of any digital assets and/or monies related to it, including any linked payment methods. To ensure that you get any messages or alerts that we might send you, it is your responsibility to keep your account profile's email address, phone number, and other contact information up to date. When connected to your account, you should never permit remote access or share your computer screen with anyone. Assuming no error on the part of Peerwallet, we disclaim all liability for any loss you may suffer as a result of unauthorized access to your account login information and/or your failure to heed any warnings or messages we may send you.
6. You might need to comply with some legal requirements in your home nation or state to utilize our services. You certify that you have examined your local laws and regulations, and are aware of and meet any such duties by agreeing to the terms of this Agreement. We do not provide the usage of our Services in some jurisdictions due to legal or regulatory restrictions. You declare that you are not a resident of or subject to the laws and rules of those jurisdictions by agreeing to the provisions of this Agreement.
7. We might not offer all of the Services in all markets and countries, and we might restrict or forbid users from certain jurisdictions (referred to as "Restricted Jurisdictions") from using all or a portion of the Services.
1. We make an effort to protect your personal information by taking all necessary precautions. We cannot, however, guarantee the security of any information you provide online. You acknowledge the security risks associated with giving out personal information and transacting online via the Internet, and you agree not to hold us liable in the event of a breach of security unless it was our fault.
2. Please view our official privacy statement.
4. NO WARRANTY, LIMITATION OF LIABILITY & ASSUMPTION OF RISK
1. THE SERVICES ARE DELIVERED "AS IS" AND "AS AVAILABLE," WITHOUT ANY GUARANTEES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY. PEERWALLET EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PEERWALLET MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE OPERATION OF THE WEBSITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN. A USER MAY SUFFER DISRUPTIONS OR LOSSES, BUT PEERWALLET IS NOT RESPONSIBLE FOR EITHER. About your use and access to the services and website, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL. INCLUDING BUT NOT LIMITED TO THE ABOVE, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE VARIOUS RISKS INCLUDING BUT NOT LIMITED TO HARDWARE FAILURE, SOFTWARE ISSUES, INTERNET CONNECTION FAILURE, MALICIOUS SOFTWARE, THIRD-PARTY INTERFERENCE RESULTING IN LOSS OR LACK OF ACCESS TO YOUR ACCOUNT OR WALLET, AND OTHER USER. You acknowledge and accept that PeerWallet is not responsible for any communication problems, interruptions, errors, distortions, or delays you may encounter while using the services, regardless of the cause.
2. IN NO EVENT SHALL PEERWALLET, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVISORS, CONSULTANTS OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF TOTAL FEES PAID BY YOU FOR THE SERVICE THAT IS SUBJECT OF THE CAUSE OF ACTION IN THE TWELVE (12) MONTHS PRIOR TO THE LOSS ARISING OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PEERWALLET HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF PEERWALLET'S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
3. The underlying software protocols that control how Digital Assets are used are not under our control or ownership. The underlying protocols are typically open source and available for anybody to use, copy, alter, and distribute. We do not take any responsibility for how the underlying protocols perform, and we are unable to ensure the security or functionality of network activities. Particularly, the underlying protocols could experience abrupt modifications to their working principles (including "forks"). Any such significant operational changes could have a considerable impact on the currency's availability, value, usability, and/or name. The occurrence and specifics of these significant operating changes are outside Peerwallet's control. You are responsible for keeping yourself informed of upcoming operational changes, and you must carefully weigh both information that is already available to the public and information that might be provided by Peerwallet when deciding whether to keep using the Services. Peerwallet retains the right to take whatever measures are required to safeguard the security and safe functioning of its platform in the case of such an operational change, including temporarily suspending operations for the relevant digital currency(ies) and other necessary actions. Even while these developments are beyond our control and could take place without prior warning to Peerwallet, we will make a fair attempt to let you know how we intend to respond to them. We reserve the right to take any action, including declining to support any new forks, in reaction to any substantial operating change. You agree that Peerwallet is not responsible for such operating changes and is not accountable for any loss of value you may experience as a result of such changes in operating rules. You realize and accept the risks of operating modifications to the protocols for Digital Assets. You agree that Peerwallet is free to respond to any operating change at its sole discretion and that we are under no obligation to help you with unsupported currencies or protocols.
4. You may read the material or use services offered by third parties while using our services, including links to those third parties websites and services ("3rd party content"). Any third-party content is not supported, adopted, or under our control, and we shall bear no obligation or liability for it. Additionally, any interactions or communications you have with such third parties are completely private between you and them. You acknowledge that your use of any third-party content and contacts with third parties is solely at your own risk and that we are not responsible or liable for any loss or damage of any kind incurred as a consequence of any such dealings.
5. To be clear, Peerwallet does not offer tax, legal, or investing advice. Peerwallet does not provide investment advice or securities services and is not registered with the U.S. Securities and Exchange Commission. You are solely responsible for deciding whether any investment, investment strategy, or related transaction is appropriate for you based on your investment objectives, financial situation, and risk tolerance. All transactions through our Marketplace are conducted on a peer-to-peer basis between the Seller and the Buyer. Regarding your particular circumstances, you should speak with a legal or tax expert. To help users understand more about our Services, we occasionally post educational content regarding our platform and products. Information can be found through blog entries, articles, news feeds, tutorials, videos, and connections to other websites' material. You should not regard any of the Website's material as advice of any kind since it is not, and neither is the information supplied on the Website nor any websites operated by third parties. You should carry out your due research and speak with your financial advisors before making any investment decisions, whether to buy, sell, or hold any Digital Assets. If you decide to buy, sell, or hold onto digital assets based on the information supplied by peerwallet, peerwallet will not be held accountable.
6. You acknowledge that any changes in the value of the Digital Assets are not our responsibility. We may take any of the following actions in the case of a market interruption or a Force Majeure occurrence: either (a) restrict your ability to use the Services, or (b) stop you from carrying out any acts on the Services. We won't be responsible for any losses you sustain as a result of such behavior. You understand that when Services are resumed after any such occurrence, current market rates may be materially different from those that were offered before such an event.
7. We offer no guarantees on the accuracy, timeliness, or interruption-free operation of the Website or the server that hosts it, nor do we guarantee that any faults will be fixed. We won't be liable to you for any losses of any type resulting from actions done or decisions made based on materials or information found on the website.
5. RELEASE OF PEERWALLET & INDEMNITY
1. You release Peerwallet, its affiliates, and service providers, as well as each of their respective officers, directors, employees, agents, and representatives, from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such disputes if you disagree with one or more users of our Services. You consent to defend, indemnify, and hold harmless Peerwallet, its affiliates, and each of their officers, directors, employees, agents, and representatives from any claim or demand (including legal costs and any fines, fees, or penalties imposed by any regulatory authority) resulting from or connected to your violation of this Agreement, any law or regulation, or the rights of any third party, or your breach of this Agreement or your violation of such law or regulation.
6. TRANSACTIONS ON PEERWALLET’S MARKETPLACE
Users of the website can request offers to acquire or sell financial assets.
The provisions of this Agreement and any additional terms that the user or the user's counterparty may specify are followed when a user commences a transaction for the purchase or sale of Digital Assets. You may find a step-by-step manual for purchasing and selling digital assets on the Peerwallet Marketplace.
The following general conditions apply to each of the following transactions:
1. Buying Assets via an offer.
When purchasing Digital Assets on the Peerwallet Marketplace:
• There is a 0.1% fee for Peerwallet Escrow as part of a transaction that is payable by Buyers on our Marketplace.
• Offers from Peerwallet merchants have their terms and conditions and each offer will vary in the exchange rate, speed of exchange, and other terms and conditions imposed by the merchant. By accepting a merchant’s offer you agree to be bound by the terms and conditions of that offer. The terms and conditions specified by the Merchants are valid in all cases except when they contradict or violate this Agreement, are illegal, are unreasonable or otherwise difficult to comply with (as determined in Peerwallet’s sole and absolute discretion), or if both users of the transaction consent to alter the terms and conditions of such offer. IT IS YOUR RESPONSIBILITY TO CAREFULLY READ THE MERCHANT’S OFFER TERMS AND CONDITIONS AND FOLLOW THEM EXACTLY. IF YOU DO NOT FOLLOW THE OFFER TERMS AND CONDITIONS, YOUR PAYMENT WILL NOT BE ACCEPTED. NEVER SUBMIT PAYMENT UNLESS YOU HAVE FOLLOWED ALL TERMS AND CONDITIONS LISTED IN THE OFFER. IF YOU SUBMIT PAYMENT WITHOUT FOLLOWING THE TERMS AND CONDITIONS, PEERWALLET CAN NOT ASSIST YOU IN A DISPUTE PROCESS TO RECOVER YOUR PAYMENT.
• The complete responsibility for payment verification and giving instructions to release digital assets from the Peerwallet platform rests with the merchant, not Peerwallet. Report the problem right away using the specified dispute button within the specific transaction chat if the merchant fails to transfer the Assets to you after you have properly fulfilled the Merchant's terms and conditions. The dispute will be examined and resolved by peerwallet support. In the Section “Disputing Transactions Via Peerwallet's Dispute Resolution Process," this dispute resolution procedure is further explained. Peerwallet will be unable to help you with this issue if you don't adhere to this dispute resolution procedure.
2. Selling Digital Assets
When selling Digital Assets on the Peerwallet Marketplace:
• By the conditions of the offer, merchants are required to verify and process the payment promptly. It is your only duty and responsibility to swiftly verify and process the payment when the Buyer has made payment to you following the conditions of the offer, after which you must release the Digital Assets from Peerwallet Escrow and give them to the Buyer. You might not be eligible to receive a refund for your locked Digital Assets if you don't adhere to the offer's requirements.
• You as a Merchant assume all responsibility and risk for any infringement of this Agreement resulting from the sale of Digital Assets. You are liable for paying all necessary taxes. You will be charged by Peerwallet a fee if you lock digital assets in Peerwallet Escrow before a sale as the merchant of such assets. Peerwallet will not compensate the merchant for any damages, whether resulting from a breach of this Agreement, fraud, or any other cause unless it is found otherwise in its sole and absolute discretion, and our fee will never be returned.
• Before releasing the Digital Assets from Peerwallet Escrow, any money received must be completely processed and verified as having been received by you. If you prematurely unlock Digital Assets before payment has been properly validated and received by you, Peerwallet is not liable for your loss. You need to pay attention to and react to your Buyer. Any offers that aren't active should be deactivated.
• It is strictly forbidden to promote your website in any Peerwallet Marketplace area (such as your bio, offer terms, or transaction chat) in a way that would make it easier to acquire or sell digital assets outside of Peerwallet's services. As long as the use of such external websites is made clear in the offer terms and such websites may not contain any other advertisements or your contact information, it is occasionally acceptable to share your website that was made specifically for the Seller to receive payment to complete the transaction (i.e. trusted third party debit/credit card processing) in the transaction instructions.
• No third party, including but not limited to any gift card issuer, is related with, associated with, or endorsing Peerwallet or the Services. The owners of designated trademarks, brands, and other identifiers are the only owners of those items. In no way are these owners endorsing, sponsoring, associated with, or affiliated with Peerwallet and its Services.
• Neither Peerwallet nor any other gift card issuer's authorized dealer is a licensed gift card seller. The terms and restrictions of the third-party retailer ("Issuer") with whom the gift card is redeemable ("Issuer") apply to any gift cards you obtain directly from a user utilizing the Peerwallet Marketplace. The actions or inactions of any Issuer(s), as well as any fees, fines, expiration dates, or other terms and conditions related to the Issuer's gift card obtained through the Peerwallet Marketplace, are not the responsibility of Peerwallet. By accepting a gift card from a user, you confirm that you have read the terms and conditions and assure Peerwallet that you are authorized to use the gift card under the terms and conditions specified by the gift card issuer or with applicable law.
• ON OUR WEBSITE AND MARKETPLACE, BREAKING OR RESELLING OF GIFT CARDS IS STRICTLY PROHIBITED. AT PEERWALLET'S REQUEST, YOU AGREE TO PROVIDE PEERWALLET WITH VALID PROOF OF OWNERSHIP OF YOUR GIFT CARD, AND YOU MUST BE THE RIGHTFUL OWNER OF THE GIFT CARD (SUCH AS A RECEIPT). NEITHER PEERWALLET NOR ANY THIRD-PARTY PAYMENT METHODS ON OUR WEBSITE CLAIM, REPRESENT, OR GUARANTEE THAT ANY THIRD-PARTY PAYMENT METHODS PERMIT TRANSACTIONS VIA PEERWALLET'S SERVICE, NOR THAT ANY THIRD-PARTY PAYMENT METHODS ON OUR WEBSITE SUPPORT OR ARE SUPPORTED BY OUR SERVICES. IF SUCH THIRD-PARTY DOES NOT PERMIT IT, YOU SHOULD NOT USE SUCH THIRD-PARTY PAYMENT METHODS WITH PEERWALLET.
• You are entirely responsible for abiding by all laws and regulations applicable to the jurisdiction(s) in which your transaction occurs.
• Peerwallet is the only site where transactions are permitted. Exchanging external contact information or accepting transactions outside the Peerwallet platform is forbidden.
4. Every transaction must happen inside Peerwallet. Exchanging contact information with third parties or accepting transactions outside of the Peerwallet platform are both strictly forbidden.
5. The only area for transactions to occur is within Peerwallet. It is completely forbidden to accept payments outside the Peerwallet platform or to share external contact information.
6. Relationship. Nothing in this Agreement, which makes you and Peerwallet independent contractors with one another, is intended to create or shall constitute any partnership, joint venture, agency, consultancy, or trusteeship.
7. Information accuracy. You guarantee and represent that all information you submit through the Services is true and correct. You agree and understand that Peerwallet is not liable for any mistakes or omissions you make in connection with any transaction started through the Services, such as if you type in the wrong wallet address or supply inaccurate information in any other way. We firmly advise you to thoroughly review your transaction details before submitting them using the Services.
8. No cancellations or changes; wallet operations. Peerwallet is unable to help you cancel or otherwise amend your transaction once the information has been transmitted to the digital currency network via the Services. Peerwallet is unable to support any cancellation or change requests and has no control over any networks using digital currencies. No locked digital assets are stored or held in custody by Peerwallet. Invariably, digital assets are tracked on the corresponding networks or blockchains. Not on Peerwallet, but rather within the digital currency network, all transactions in digital currencies take place. On the network of digital currencies, there are no assurances that the transaction will go through. If obliged to do so by law or if we believe the transactions to violate this Agreement's terms and conditions, Peerwallet maintains the right to refuse to conduct any transaction. To the fullest extent permitted by law, you hereby agree to bear responsibility for all actions taken under your wallet and to assume all risks associated with authorized or illegal access to your wallet.
9. Taxes. You are in charge of determining whether taxes if any, apply to the transactions for which you have provided transaction data through the Services, and you are also in charge of reporting and remitting the right tax to the relevant tax authority. You acknowledge and accept that Peerwallet is not in charge of ascertaining whether taxes are due on your digital currency transactions or of gathering, disclosing, withholding, or remitting any taxes due on any such transactions.
10. User Credibility. We provide people with the opportunity to comment on their interactions with you when you participate in a Transaction. If users believe you have broken this Agreement in any manner, they may also report you to us. These reports are private, however, we may utilize them about a dispute as per Section 8 of this agreement.
11. History of transactions. Through your Account, you may see the history of your transactions. You acknowledge that the terms of the transaction will not be affected or rendered invalid by the Services' failure to provide such confirmation.
12. Gateway using Peerwallet. The "Authorized Merchants" are businesses that Peerwallet has approved to accept Peerwallet as a payment mechanism for online purchases of products and services. By choosing the "Peerwallet Gateway" option during checkout or when making a payment, you can pay an authorized merchant. The Peerwallet Gateway option will connect you to a Seller or take you to our Marketplace where you can access the Digital Assets in your account. The conditions outlined in Section 7.1 of this Agreement will apply if you buy Digital Assets from a Seller to complete the transaction.
13. Consumer goods. Any products or services that you purchase from an authorized merchant using your account or the Peerwallet Pay product are not the responsibility of Peerwallet. Any disagreement you may have with an Authorized Merchant should be settled immediately with that Authorized Merchant.
14. Refunds and returns. Your decision to buy a product or service from a third party with your Account is final. Refunds and returns are not handled by us. In line with its policies and at its sole discretion, an Authorized Merchant may provide you with a return, shop credit, or gift card.
15. Peerwallet charges fees for its services; these fees will be indicated before you use any such services. For further information, please see "Peerwallet Fees." Peerwallet has the right to modify its pricing and fees at any time. Our rates are subject to change.
7. DISPUTING TRANSACTIONS VIA PEERWALLET’S DISPUTE RESOLUTION PROCESS
1. Disputing Transactions. The quickest method to resolve a disagreement is typically for the parties to communicate, work together to determine what went wrong, and find a mutually accepted solution. Peerwallet's support staff ("Peerwallet Support") can assist when a Buyer and a Seller are unable to reach a mutually satisfactory resolution. Any party to a transaction may start the dispute resolution procedure ("disputed transaction" or "dispute") at any time. It is generally not possible to contest, reverse, or alter transactions that have been marked as fully paid by the buyer, canceled by the buyer, automatically canceled because of the expiration of the period specified in the offer, already disputed and resolved, or in which the merchant has released the assets to the buyer.
2. Dispute Resolution Process: Below are the steps Peerwallet Support takes in the event of a dispute.
You can initiate a dispute by logging into your Peerwallet Account, opening the transaction you would like to dispute, and selecting the “dispute” button. The “dispute” button will only appear active if the transaction has been marked as fully paid by the Buyer. Once you initiate a dispute, you will select the type of dispute from the options presented and describe the issue giving rise to your dispute.
Possible options presented for describing your dispute if you are a Merchant include:
- an unresponsive Buyer – the Buyer has marked the transaction as fully paid but is unresponsive and inactive.
- Payment issue – the Buyer is active and has attempted to pay, but there are issues with the payment.
- Other – an open option where you can describe what issue gave rise to the dispute. The Buyer will be able to view your description.
Possible options presented for describing your dispute if you are a buyer include:
- Unresponsive vendor/merchant – you have paid, but the Seller is unresponsive and inactive.
- Payment issue – you have made the payment, but the Seller claims there are issues with the payment and refuses to release the Digital Assets.
- Other – an open option where you can describe what issue gave rise to the dispute. The Seller will be able to view your description.
Peerwallet Support will notify the other party that a dispute has been filed once it has been lodged by emailing them and sending a message using the transaction chat function that is available to buyers and sellers in the marketplace. If one of your transactions is being disputed, Peerwallet Support will let you know which transaction is being disputed and why.
Review the dispute and explain what transpired to Peerwallet Support. Include any supporting documentation you have, such as payment or ownership receipts, or documentation showing whether you have or have not received money, to substantiate your claim.
• Peerwallet Review
Peerwallet Support will look into disputed transactions and decide based on the facts presented by both sides. Peerwallet Support arbitrates conflicts by considering several variables as detailed in Section 8 below.
3. Dispute Review. Peerwallet Support may issue you with instructions during a dispute review that you must abide by. The instructions you receive may ask you to produce more proof, such as extra ID verification, payment documentation, or any other documents that Peerwallet deems necessary. You may also be asked to supply this proof within a certain amount of time. If you don't follow the rules, the issue can be decided against you. Within 30 days of receiving the disagreement, Peerwallet Support will ordinarily send notice of its decision via the transaction chat tool in the Marketplace, however, it may take longer in some cases.
4. Unresponsiveness. It's crucial to stay active and accessible throughout a transaction, from the moment it begins to the moment it is finished, canceled, or settled. This implies that if you can't respond to a request from Peerwallet Support in a disputed transaction within the time frame that Peerwallet Support specifies, you risk being flagged as unresponsive and the dispute could be decided against you.
5. Chargebacks. When you are a party to a transaction, you must be engaged and accessible throughout the whole process, from when the transaction is initiated to when it is finished, canceled, or settled. To put it another way, you must be able to respond to a request from Peerwallet Support in a disputed transaction within the time frame that Peerwallet Support specifies, or you risk being flagged as unresponsive and having the dispute decided against you.
Dispute Resolution. Once the dispute resolution procedure is over, Peerwallet Support will usually transfer the Digital Assets at issue to either the Buyer or the Seller of the disputed transaction.
The scenarios listed below will give you an idea of how Peerwallet might handle a contested transaction. This list is not meant to be comprehensive. The specifics of the dispute and the evidence offered by the users will have an impact on how it is resolved.
When at least one of the following conditions is satisfied, Peerwallet Support may decide a disagreement in the Buyer's favor:
• According to the terms of the transaction offer, the Buyer made payment following the first instructions supplied by the Seller, and the Buyer has provided adequate documentation to support this claim. When the buyer has satisfied all of the seller's terms and conditions as posted at the time the buyer accepted and paid for the transaction, the seller must complete the transaction; otherwise, the seller is in breach of this Agreement.
• The Seller has stopped responding and hasn't given an adequate response in the amount of time Peerwallet Support has required.
• The payment is made to a third party involved in the transaction or it is paid to an account that is not set up in the seller's name.
When one of the following conditions is satisfied, Peerwallet Support may decide a dispute in the Seller's favor:
• The Buyer has not paid, has not paid in full, or has not paid by the initial instructions given by the Seller by the transaction offer.
• The payment provider or processor has held, paused, frozen, or stopped the Buyer's payment. This includes instances where the Buyer charged back or contested a payment through its bank or payment card issuer.
• The Buyer has stopped responding and hasn't given a complete response in the amount of time Peerwallet Support has required.
• The payment is made from a payment account that is not registered in the Buyer's name, or it is made by a third party to the transaction.
If the Buyer or Seller of a disputed transaction provides false information, or false documents, makes false statements or otherwise employs deceptive practices, the dispute may be immediately resolved against a such user, and at Peerwallet Support's sole discretion, such user's account may be immediately suspended or terminated.
In some circumstances where neither party satisfies the criteria, or where it is otherwise unclear or impossible to determine which party has satisfied the dispute resolution criteria, Peerwallet may choose to resolve the dispute by dividing the Digital Assets at issue between the Buyer and the Seller in an even or unequal distribution.
6. Appeal. You have the right to ask for an appeal if you think Peerwallet handled a disagreement in a manner inconsistent with this Agreement. You must promptly tell us in writing by getting in touch with Peerwallet customer support no later than 10 calendar days after receiving notice of Peerwallet Support's decision, and you must give us enough information and proof to support your request. Your appeal should precisely state how you think Peerwallet handled the disagreement incorrectly by the rules of this Agreement and offer proof of that incorrect judgment.
Please be reminded that whether during the dispute process or generally any time when using our Services, you are obligated to keep a civil tone and be respectful to other users and Peerwallet Support. See generally, “Section 13 - Prohibited Use”.
7. Finality. You acknowledge and agree that, as outlined in this Agreement, Peerwallet's judgment on a dispute is conclusive, final, and binding. With its choices, Peerwallet will not be liable to either a Buyer or a Seller.
8. FEES FOR USING PEERWALLET SERVICES
1. Account creation is free. Peerwallet charges fees for its services; these fees will be indicated before you use any such services. For further information, please see "Peerwallet Fees." Peerwallet has the right to modify its pricing and fees at any time. Our rates are subject to change.
9. NO RIGHT TO CANCEL SERVICES OR FEES
1. Once you have indicated that you want to continue with a Service or a transaction for which there is a fee, you will not be eligible for a refund or reimbursement if you utilize that Service or those services.
10. DISCONTINUANCE OF SERVICES
1. Any part of our Services may be changed or discontinued, temporarily or permanently, at any time, at no cost to you, with or without prior notice, and at our sole discretion.
11. SUSPENSION OR TERMINATION OF SERVICES & ACCOUNT; LIMITING ACCESS TO YOUR WALLET
1. We may in our sole and absolute discretion, immediately and without prior notice: (a) suspend, restrict, or terminate your access to any or all of the Services (including limiting access to your Wallet), and/or (b) deactivate or cancel your account if: (i) we are so required by applicable law, a facially valid subpoena, court order, or binding order of a government authority; (ii) we reasonably suspect you have or may act in violation of this Agreement; (iii) use of your account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity; (iv) our service partners are unable to support your use; (v) you take any action that we deem as circumventing our controls and procedures or (vi) we think it is necessary to do so to protect us, our users, including you, or our employees from danger or loss. If we exercise our rights to limit or refuse your access to the Services, we will not be responsible for any consequences of our refusal to give you access to the Services, including any delay, damage, or inconvenience you may suffer as a result.
2. 2. If we suspend or close your account, terminate your use of the Services for any reason, or limit access to your Wallet, we will attempt to provide you with notice of our actions unless a court order or other legal process prohibits us from providing you with such notice. YOU ACKNOWLEDGE THAT OUR DECISION TO TAKE CERTAIN ACTIONS, INCLUDING LIMITING ACCESS TO, SUSPENDING, OR CLOSING YOUR ACCOUNT OR WALLET, MAY BE BASED ON CONFIDENTIAL CRITERIA THAT ARE ESSENTIAL TO OUR RISK MANAGEMENT AND SECURITY PROTOCOLS. YOU AGREE THAT PEERWALLET IS UNDER NO OBLIGATION TO DISCLOSE THE DETAILS OF ITS RISK MANAGEMENT AND SECURITY PROCEDURES TO YOU. If we suspend your account or access to your Wallet, we will remove the suspension as soon as possible once the reasons for the suspension no longer exist, however, we are under no obligation to notify you as to when (if ever) such suspension will be removed.
3. 3. We might be forced to report any unclaimed Digital Assets in your account as unclaimed property in compliance with abandoned property regulations if you have Digital Assets in your Peerwallet Wallet and there hasn't been any activity in your account for a length of time specified by the applicable law. If this happens, we'll make a good-faith effort to give you written notice. We may be required to deliver any such Assets to the relevant country as unclaimed property if you don't reply to any such notice within seven (7) business days of receipt or as otherwise required by law. As permitted by applicable legislation, we reserve the right to deduct a dormancy fee or other administrative costs from such unclaimed Assets.
12. PROHIBITED USE
• use our services in any way that might prevent other users from fully appreciating them, disrupt their use of them, or otherwise negatively affect them, or that might break, disable, overload, or otherwise impair our services' functionality;
• engage in any activity that might contravene, or help in the contravention of, any law, statute, ordinance, or regulation, sanctions programs imposed in the nations where we conduct business or operations, or that would involve the proceeds of any illegal activity; publish, distribute, or disseminate any illegal information or materials;
• Defame, abuse, extort, harass, stalk, threaten, or otherwise violate the legal rights (including, but not limited to, rights of privacy, publicity, and intellectual property) of other users; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information about other users from our Website;
• engage in any activity that aims to harm Peerwallet or our users, whether through fraud, libel, or another type of wrongdoing; or give false, inaccurate, misleading, or other misleading information to Peerwallet or another user in connection with our Services or as otherwise provided or requested under this Agreement;
• Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our Services or to extract data; attempt to get around any content filtering measures we use; attempt to access any service or area of our Services that you are not authorized to access or placement of any advertisement or promotion anywhere within Peerwallet's Marketplace.
• use Peerwallet intellectual property, name, or logo, including use of Peerwallet's trade or service marks, without our prior written consent or in a manner that otherwise harms Peerwallet or the Peerwallet brand; engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the law, or other licensed materials;
• urge or incite any other party to partake in any of the activities foreseen in this Section 13's prohibitions.
13. INTELLECTUAL PROPERTY RIGHTS
1. Subject to the terms and conditions in this Agreement, we grant you a limited, nonexclusive, nontransferable license to access and use the Services, Website, and related content, materials, and information (collectively, the "Content") solely for the purposes that Peerwallet may from time to time approve. All other rights, titles, and interests in the Services, Website, or Content are solely the property of Peerwallet, and any other use of the Website or Content is forbidden. You acknowledge that without Peerwallet's prior written authorization, you will not duplicate, transmit, distribute, sell, license, reverse engineer, alter, publish, take part in the transfer or sale of, create derivative works from, or otherwise exploit any of the Content, in whole or in part. Without Peerwallet's explicit written approval, you are not permitted to reproduce, imitate, or utilize any of its trademarks, registered marks, logos, or other intellectual property.
2. Although we strive to deliver accurate and timely information on the Peerwallet Website, there is a chance that some of the material (including, but not limited to, the Content) may occasionally be incomplete, outdated, or subject to technical inaccuracies or typographical errors. Information may occasionally change or be updated without prior notice to continue to give you the most full and accurate information available. This includes information about our policies, goods, and Services. As a result, you should always double-check material before relying on it, and any judgments you make based on information found on the Peerwallet Website are solely your own, and we disclaim all accountability for them. Peerwallet does not guarantee the correctness of the information provided by third parties and only uses it for informational reasons. Although they may be given as a convenience, links to third-party resources (including without limitation, websites) are not under our control. You understand and agree that the information, content, and services found in any third-party materials or on any third-party websites that are accessible through or linked to the Peerwallet Website are not our responsibility.
14. FEEDBACK AND USER SUBMISSIONS
1. Peerwallet is constantly looking for ways to make its services and website better. The terms and conditions in this Agreement will apply to any submissions you make if you have any ideas or suggestions for Peerwallet's Services or the Website that could be improved or added.
2. Any disclosure of ideas, feedback, or associated information to Peerwallet, any of its subsidiaries, parents, or affiliated businesses, or any of their officers, directors, managers, members, shareholders, employees, and agents, or any of their heirs, successors, representatives, or assigns (each a "Peerwallet Party" and collectively the "Peerwallet Parties") will not be subject to any obligation of confidentiality or expectation of payment.
3. You give Peerwallet a non-exclusive, perpetual, worldwide royalty-free license to use the entire content of your ideas and feedback for any purpose by submitting them to Peerwallet or any Peerwallet Party. This license extends to any related materials that would be subject to intellectual property rights as well. Additionally, to the fullest extent permitted by law, you are waiving any moral rights you may have in the Work. Additionally, you are representing and warranting to such Peerwallet Party that the Work is entirely your original creation, that no one else has any rights in the Work, and that all Peerwallet Parties are free of any royalties to implement the Work and to use the related material as provided or as modified by any Peerwallet Party, without obtaining prior permission from any third party.
4. Additionally, you agree that Peerwallet may sublicense any Peerwallet Parties to use any Work and materials you have supplied in any manner.
5. At our sole discretion, we have the right to delete any posting you could make on the website without giving you a reason or a heads-up.
15. P2P GATEWAY TERMS
In the event that verifiable financial losses are incurred by the Merchant as a result of your utilization of the gateway or your customer's utilization of the gateway, the responsibility for covering these losses shall lie with you, the seller. Such losses may encompass a range of charges, including but not limited to refund fees, chargeback fees, gateway fines, and other associated expenses. The merchant is required to provide substantiated evidence and must be prepared to furnish login credentials to Peerwallet staff in the event of a dispute. Once confirmed, the financial burden of these fees will be assumed by the seller.
Peerwallet operates as a peer-to-peer platform, affording sellers the autonomy to select those peers whose terms align with their preferences in terms of cost, fees, and other usage conditions. Enabling the merchant's gateway implies your consent to adhere to all the terms stipulated by the merchant, which can be found on the Funding Page of Peerwallet.
Peerwallet as a company does not integrate payment gateways, we rely on approved merchants to integrate these gateways so that sellers can use for their checkout. When there is a dispute or chargeback request, the Merchant will open a dispute request also on Peerwallet and the seller would be contacted via a dispute resolution channel. When this happens, sellers have the option to contact the buyer to cancel dispute or dispute would be closed to favor the Merchant.
When a dispute is closed to favor the Merchant, the disputed funds would be deducted from the Seller’s Peerwallet balance and then credited to the Merchant’s Peerwallet balance.
In the case of a refund, the Merchant has the right to refund a transaction from his gateway if the gateway is compromised or the issuing Bank or issuing platform boldly requests this. Also, if refunds MUST be done to restore the account, then the Merchant can refund the transaction and file for a dispute on Peerwallet.
Evidence of refunds must be visible and this would be approved by the Support staff if this has been completed.
Refund can be issued by the Merchant if it meets all of the following;
1) Transaction done is within 180 days
2) There has been a request to refund the transaction by the issuing Bank or platform, or the gateway has been closed.
16. HOW TO CONTACT US
Before contacting us, we advise you to look over our FAQ page. If the FAQ page does not have the answers you need, Peerwallet provides round-the-clock service. You can get in touch with us through the support widget on the FAQ page.
17. FORCE MAJEURE
1. We are not responsible for service delays, failures to perform, or interruptions that are caused directly or indirectly by factors outside of our reasonable control, such as high market volatility, delays or failures brought on by acts of God, government actions, terrorist acts, civil unrest, war, strikes or other labor disputes, fire, or disruptions in telecommunications, Internet, or network services.
18. NATURE OF AGREEMENT
1. The terms and conditions in this Agreement comprise the whole understanding between you and Peerwallet about their subject matter, and this Agreement cancels and supersedes any prior understandings and agreements between you and Peerwallet on that subject. Without our prior written agreement, you are not permitted to transfer any of your rights or duties under this Agreement.