The small print
Crypto Terms and conditions
Issue date 30.04.2019 version 1.0
TAP CRYPTOCURRENCY TERMS
Tap N Go Limited
TAP Cryptocurrency Terms and Conditions
These Cryptocurrency Terms set out the basis on which TAP will provide you with the option of gaining exposure to certain cryptocurrencies. They constitute a framework agreement which sets out the terms and conditions of you using, accessing, viewing, or in any way interacting with TAP including applying for an Account or using TAP’s Cryptocurrency Services (the “Cryptocurrency Services”) in any way (“TAP Interaction”).
Before you can obtain exposure to the Cryptocurrency Services you are required to read these Cryptocurrency Terms and the various associated risk warnings contained herein as well as the associated Generally Applicable Terms.
By proceeding with any TAP Interaction, you accept and acknowledge the associated risks in dealing with cryptocurrencies and the Cryptocurrency Services and your agreement with these Cryptocurrency Terms and the Generally Applicable Terms. You further agree to accept the decisions of TAP with respect to all matters relating to the Cryptocurrency Services including the terms of any third-party providers which TAP may engage with in the provision of the Cryptocurrency Services.
Although TAP is a regulated entity, it is important to note that the Cryptocurrency Services we provide in relation to these Cryptocurrency Terms, as with the majority of cryptocurrency services across the world, are currently unregulated in some Territories, and in some are illegal.
By using TAP Cryptocurrency Services, you agree to be bound by and acknowledge and understand these Cryptocurrency Terms, the Generally Applicable Terms, and the associated risks as stated herein or as otherwise may be applicable. You further agree that:
You have the full (including legal) capacity to accept these Cryptocurrency Terms and enter into a transaction involving cryptocurrencies;
Your jurisdiction or country of residence allows you to register an account with TAP and use the Cryptocurrency Services and you are not a resident of a country which prohibits the purchase, sale or custody of cryptocurrencies, whether directly or indirectly;
You have at all times provided correct and accurate information during the process of creating a TAP Account and during any and all TAP Interaction. You undertake that if your details change you will notify TAP immediately and you shall bear any losses that occur due to the submission of invalid, incorrect or inaccurate information;
It is your sole responsibility to ensure your compliance with the laws of your jurisdiction or country of residence or any other applicable country from which you may be using the Cryptocurrency Services and you agree to indemnify TAP for all consequences of failure to do so;
You will not use the Cryptocurrency Services except for their intended purpose and not contrary to the general prohibitions regarding your TAP Account according to our Generally Applicable Terms; and
You are familiar with the nature and workings of the technology behind cryptocurrencies, and in particular the irreversibility of transactions and the apparent risks associated with exposure to cryptocurrencies.
If you do not accept these Cryptocurrency Terms you are not permitted to use our Cryptocurrency Services or in any way proceed with any TAP Interaction and must cease doing so immediately.
By using the Cryptocurrency Services or engaging in any TAP Interaction, you acknowledge that you understand and accept all associated risks. The below is not intended to be an exhaustive list and the risks usually inherent in dealing with cryptocurrencies apply. There may be additional risks that we have not foreseen or identified in these Cryptocurrency Terms or any other risk warnings. Please read the following risk warnings carefully. You
should carefully assess whether your financial situation and tolerance for risk is suitable for any form of exposure to cryptocurrencies.
You acknowledge and agree that:
Cryptocurrencies are still an experimental technology which is evolving and may change at any time;
The trading and exchange of real or virtual currencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your digital assets at any given moment. Any currency – virtual or not – may be subject to large movements in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or exchanging any cryptocurrency;
Cryptocurrency exchanges also carry special risks not generally shared with
official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, cryptocurrency is a unique type of currency, backed by technology and trust. There is no central bank that can take corrective measure to protect the value of cryptocurrency in a crisis, or issue more currency;
The price or value of cryptocurrency can rapidly increase or decrease at any time
and may even fall to zero. The risk of loss in trading or holding cryptocurrencies can be substantial and can result in the loss of your entire exposure;
Using TAP Cryptocurrency Services may carry regulatory risk, which may arise
from the suspension or termination of your TAP Account due to legal or regulatory reasons;
Our banking providers do not transfer cryptocurrencies, exchange
cryptocurrencies, or provide any services in connection with cryptocurrencies;
TAP Services may carry operation risk due to the potential malfunctioning of the TAP App or due to scheduled or unscheduled downtime.
TAP offers you cryptocurrency exposure as part of the Cryptocurrency Services, enabling you to use certain of the Electronic Money held in your TAP Account (i.e. standard, non- virtual currency that is issued by a central bank, otherwise known as “fiat currency”) to obtain exposure to Cryptocurrency.
TAP may from time to time notify you of additional Cryptocurrencies to which we will offer exposure.
When you wish to gain or cease exposure to Cryptocurrency you shall instruct TAP to effect a buy or sell order on your behalf via a Cryptocurrency Exchange.
As a TAP Account holder, you will have no relationship, contractual or otherwise, with the Cryptocurrency Exchange. TAP will be the contracting party with the Cryptocurrency Exchange and will carry out such exchanges in relation to your transaction.
When you purchase Cryptocurrency, it is not held in TAP’s custody. Custody of the Cryptocurrencies which TAP offers exposure to remains with the relevant Cryptocurrency Custodian.
User cryptocurrency will be stored in a “Cold Wallet” currency account and administered by TAP. TAP will maintain a record of the amount of each TAP Account holder’s interest which will be displayed in each TAP Account holder’s TAP Account alongside their fiat balances if applicable.
Transfers and Spending
If your TAP Account is active and you have a sufficient balance in your TAP Account, you will be able to transfer cryptocurrencies to other TAP Accounts belonging to other TAP Account holders within the TAP App.
If a TAP Account holder (“A”) wishes to transfer their cryptocurrency exposure to another TAP Account holder (“B”), TAP will action this transfer by assigning A’s right to the cryptocurrency in the pooled account (see Clause 3 above) to B. TAP will adjust its records of the cryptocurrency exposure held by each of A and B in the pooled account accordingly.
You cannot spend cryptocurrency directly on your TAP Card.
If you want to spend any part of your cryptocurrency exposure, which is being recorded in your TAP Account, TAP will, subject to Clause 5 of these Cryptocurrency Terms, automatically exchange any cryptocurrency exposure into fiat currency, settling with the merchant in the respective fiat currency.
Restrictions relating to the Cryptocurrency Services
TAP may apply limits to the amount of cryptocurrency that a TAP Account holder will be able to gain exposure to per transaction. These limits will be determined at TAP’s sole discretion and may be amended and adjusted from time to time.
Any limits as described in Clause 5.1 above will be outlined whilst using the Cryptocurrency Services and before any proposed transaction is accepted.
You will not be able to transfer any cryptocurrency held outside of a TAP Account into a TAP Account. You will not be able to transfer cryptocurrency exposure held as part of the Cryptocurrency Services to other cryptocurrency wallets held outside of the TAP App (for example transferring your BTC exposure to other bitcoin wallets).
Your cryptocurrency exposure balance will first be converted into fiat if you wish to transfer your cryptocurrency exposure externally. All transfers into and out of a TAP Account must be in fiat. While TAP welcomes feedback on the functioning of the App, you agree that any calculations done by TAP or its third-party service providers are final unless further amended by TAP.
Availability of Cryptocurrency Services
We make no guarantee that you will be able to gain your requested exposure to a cryptocurrency at the time of your request. TAP will only enact an exchange to a Cryptocurrency on your behalf if the related exchange has been successfully carried out with the relevant Cryptocurrency Exchange.
We cannot guarantee the value of any cryptocurrency at the point of your request for exposure.
In the event that a ‘fork’ occurs within the underlying Cryptocurrency’s protocol, we will liaise with the relevant Cryptocurrency Exchange in order to determine the best approach for TAP Account holders in relation to such event. Any decision made on behalf of TAP Account holders will be made at TAP’s sole discretion. For more information about forks please see our FAQs.
We will use reasonable endeavours to ensure that the Cryptocurrency Services can normally be accessed by you in accordance with these Cryptocurrency Terms. However, the Cryptocurrency Services are provided without warranty of any kind, either express or implied. We do not represent that the Cryptocurrency Service will be available 100% of the time to meet your needs. We will use reasonable endeavours to provide you with the Cryptocurrency Service as soon as possible but there are no guarantees that access will not
be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
We may suspend use of the Cryptocurrency Services for maintenance and we will make reasonable efforts to give you notice. You acknowledge that this may not be possible in an emergency.
Any applicable fees we charge for the Cryptocurrency Services will be shown at the time of making a Cryptocurrency Transaction, before you confirm the same. We may from time to time change our Fees, and introduce new fees, in accordance with these Cryptocurrency Terms or any other applicable TAP Terms.
Users will pay a fee on each transaction which has been derived from the relevant Cryptocurrency Exchange plus a margin, to account for volatility. The price you will pay for a Cryptocurrency Transaction will be clearly shown and fixed for a set period of time before you confirm the same.
The cost of the fees will be included in the price of your Cryptocurrency Transaction and therefore be taken in your pre-selected fiat currency.
There are no other additional fees for signing up or using the Cryptocurrency Services.
For more information about our fees in relation to the Cryptocurrency Services, please see our Fees section on the Website.
These Cryptocurrency Terms are accurate as at the date of publication. Prior to using the Cryptocurrency Services it is your responsibility to ensure you have read and understand the current version of TAP’s Cryptocurrency Terms, Generally Applicable Terms and any other associated Terms and Conditions. Please ensure you have the latest versions.
We reserve the right to amend these Cryptocurrency Terms in line with the provisions of the TAP Generally Applicable Terms.