Version 1.0, 9 August 2018
An enabler for business and wealth, an eye for the future
and a role in the community.
This is an important document which you must consider carefully when choosing whether to use Kurt Svendheim services.
By signing up to use Kurt Svendheim account through Kurt Svendheim website, Kurt Svendheim API, and/or any associated websites or mobile applications (collectively "Kurt Svendheim site"), you agree to comply with and be legally bound by this Agreement, as revised from time to time. If you do not agree to any of the terms set forth in this Agreement, or any subsequent modification to the Agreement, you may not access or use any of Kurt Svendheim services. We may amend or modify this Agreement by posting on Kurt Svendheim site or emailing to you the revised Agreement and the revised Agreement shall be effective at such time. We may (a) modify or discontinue any portion of Kurt Svendheim services, and (b) suspend or terminate your access to, Kurt Svendheim services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of Kurt Svendheim Services, or suspension or termination of your access to Kurt Svendheim Services, except to the extent otherwise expressly set forth herein. Please note the following risks of using Kurt Svendheim services:
- Digital currency purchased using a bank account or credit card may be reversed later, for example, if such a payment is subject to a chargeback, reversal, claim or is otherwise invalidated.
- A Digital currency transaction may be unconfirmed for a period (usually less than one hour, but up to one day) and never complete if it is in a pending state.
- Holding Digital currency is high risk. The price or value of Digital currency can change rapidly, decrease, and potentially even fall to zero.
- You agree that disputes between you and Kurt Svendheim will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
1. Our Relationship with You for transactional currency
1.1 Kurt Svendheim helps you make payments to and accept payments from third parties. Kurt Svendheim also provides a Digital currency wallet service where you can store your Digital currency. Kurt Svendheim also allows users to buy and sell Digital currency. Kurt Svendheim is an independent contractor for all purposes. Kurt Svendheim does not have control of, or liability for, the products or services that are paid for with Kurt Svendheim services. We do not guarantee the identity of any user or other party or ensure that a buyer will complete a transaction. Kurt Svendheim is not a money transmitter. Kurt Svendheim assists its users in Digital currency transactions.
1.3 Privacy of Others; Marketing: If you receive information about another user through Kurt Svendheim services, you must keep the information confidential and only use it about Kurt Svendheim services. You may not disclose or distribute a user's information to a third party or use the information for marketing purposes unless you receive the user's express consent to do so. You may not send unsolicited email to a user through Kurt Svendheim.
1.4 Intellectual Property: "Kurt Svendheim" and all logos related to Kurt Svendheim services are either trademarks, or registered marks of Kurt Svendheim or its licensors.
1.5 Password Security and Keeping Your Email and Address Current: You are responsible for maintaining adequate security and control of all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access Kurt Svendheim services. You are responsible for keeping your email address up to date in your account Profile.
1.6 Notices to You: You agree that Kurt Svendheim may provide you communications about your account and Kurt Svendheim services electronically.
1.7 Notices to Kurt Svendheim We prefer receiving notices to Kurt Svendheim electronically through our support system at email@example.com, Paper notifications can also be sent to Kurt Svendheim - See our contact page for our mailing address.
1.8 All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
2.1 Eligibility: To be eligible to use Kurt Svendheim services, you must be at least 18 years old (or the applicable age of majority and contractual capacity).
2.2 Multiple Accounts. Kurt Svendheim Accounts are personal and non-transferable. By using Kurt Svendheim, you agree that you will not create more than one Account, and that we may, without notice, close or suspend any or all the Accounts of a Member who has, or whom we reasonably suspect has, opened multiple Accounts.
2.3 Identity Authentication: If you wish to buy or sell Digital currency through Kurt Svendheim, you authorize Kurt Svendheim, directly or through third parties, to make any inquiries we consider necessary to validate your identity.
2.4 Third Party Applications: If you grant express permission to a third party to connect to your Kurt Svendheim account, either through the third party's product or through Kurt Svendheim, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Kurt Svendheim responsible for, and will indemnify Kurt Svendheim from, any liability arising from the actions or inactions of this third party about the permissions you grant. You may change or remove these permissions at any time from the Account Settings (API) page.
2.5 Taxes: It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Kurt Svendheim is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
2.6 Your account with us is not a bank account. Our services are not financial instruments, and we are not a regulated financial institution. No interest will be paid on any funds or currency you use to purchase or trade for any other currency, and such currency is not insured by the company or any government agency.
2.7 Limitations: Kurt Svendheim may delay an order if the customer has not provided personal identifying information, if it reasonably suspects that a customer is in violation of the Terms of Service, or if further personal identifying information is necessary to establish the identity of the customer ("KYC"). Until completion of such verification procedures, customers may experience delayed processing of Digital currency transactions or conversion service transactions. Kurt Svendheim will designate any such delayed transaction as "pending," and funds will not be available until the pending transaction is completed. Kurt Svendheim reserves the right to refuse to process, cancel, or to reverse any customer transaction (i) as required by law, (ii) in response to a facially valid subpoena, court order, or other government order, or (iii) if Kurt Svendheim reasonably suspects that the transaction is erroneous, or is in violation of Kurt Svendheim User Agreement.
2.8 Unsolicited Deposits: Unsolicited deposits into our bank account are subject to a processing fee of up to 5,000.00 Baht per incidence. Kurt Svendheim reserves the right, at its own discretion, to either process or rejects such deposits and associated orders. Any reversal of funds will require adequate (as determined by Kurt Svendheim) proof of payment, identification of the payer, and proof of ownership of the originating account (where applicable). Examples of unsolicited deposits include, but are not limited to: making a deposit without a corresponding order; check, wire, or other non-cash deposits; depositing an amount that substantially exceeds the order amount; placing an order after a deposit has been made; any type of deposit resulting in circumvention of account limits.
2.9 Wrong or Partial Beneficiary Details: A processing fee of up to 200.00 Baht per failed attempt may be assessed at Kurt Svendheim's discretion for orders which we are unable to complete due to wrong or partial beneficiary information.
3. Digital Currency
3.1 Kurt Svendheim may cancel or reverse potentially high-risk buys or sells of Digital currency, including those made using reversible payment methods.
3.2 Kurt Svendheim does not cancel or reverse Digital currency-to-Digital currency transactions, if they are accepted and confirmed on the blockchain network.
3.3 Kurt Svendheim keeps 100% of customer funds in storage. Kurt Svendheim does not engage in fractional reserve lending.
3.4 In the event Kurt Svendheim needs to retrieve funds from offline storage, there can be a delay in sending coins of up to 48 hours.
3.5 Kurt Svendheim does not guarantee the value of Digital currency. You acknowledge that the price or value of Digital currency can change rapidly, decrease, and potentially even fall to zero. You acknowledge that holding Digital currency is high risk. You agree to deliver the agreed upon payment for Digital currency upon confirmation of an order, regardless of changes in Digital currency value.
3.6 Kurt Svendheim reserves the right to change the buy/sell limits and/or suspend trading activity on your account as we deem necessary.
3.7 Operation of Digital Currency Protocols. Kurt Svendheim does not own or control the underlying software protocols which govern the operation of Digital Currencies available for buy/sell and/or supported through our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using Kurt Svendheim you acknowledge and agree (i) that Kurt Svendheim is not responsible for operation of the underlying protocols and that Kurt Svendheim makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a "forks"), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you buy/sell at Kurt Svendheim In the event of a fork, you agree that Kurt Svendheim may temporarily suspend Kurt Svendheim operations (with or without advance notice to you) and that Kurt Svendheim may subsequently, in its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the forked protocol entirely, provided, however, that you will have an opportunity to withdraw funds from the platform. You acknowledge and agree that Kurt Svendheim assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol. Kurt Svendheim will support only one fork of each Digital Currencies protocol which we determine, at our sole discretion, best reflects the consensus approach.
4. Restricted Activities
4.1 Restricted Activities: About your use of Kurt Svendheim services, other users, and third parties you will not: Violate any law, statute, ordinance, or regulation (for example, those governing financial services, controlled substances, or consumer protections); Intentionally try to defraud Kurt Svendheim or other Kurt Svendheim users. Infringe Kurt Svendheim's or any third party's copyright, patent, trademark, or intellectual property rights. Provide false, inaccurate, or misleading information. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or detrimentally interfere with, intercept, or expropriate any system, data, or information.
5. Disputes with Kurt Svendheim
5.1 Indemnification: You agree to indemnify and hold Kurt Svendheim, its parent, the officers, directors, agents, joint ventures, and employees, harmless from any claim or demand (including attorneys' fees) arising out of your breach of this Agreement or your use of Kurt Svendheim services.
5.2 Release of Kurt Svendheim: If you have a dispute with one or more users, you release Kurt Svendheim (and our parent, officers, directors, agents, joint ventures, employees and suppliers) from all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
5.3 Disputes with Kurt Svendheim: If you think we have made an error, write to us at Kurt Svendheim or email us at support at Kurt Svendheim. In your correspondence, you must give us information sufficient to identify you, your account, and the transaction on which you believe an error occurred. You must contact us within 30 days after the transaction occurred. Within 90 days of receiving your request, we must either correct the error or explain to you why we believe the transaction was correct.
6. Customer Cash-in
6.1 Kurt Svendheim may introduce you to third party customers or "tellers" for cashing-in funds into you're Kurt Svendheim account. While we try to verify each teller, we will not assess the suitability, legality or ability of any third-party cash-in providers and you expressly waive and release the company and/or its directors, officers and employees from any and all liability, claims or damages arising from or in any way related to the third-party cash-in service provider. The company will not be a party to disputes, negotiations of disputes between you and such third-party providers. Responsibility for the decisions you make regarding services offered via the software or service (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such third parties and you expressly waive and release the company and/or its directors, officers and employees from all liability, claims, causes of action, or damages arising from your use of the software or service, or in any way related to the third parties introduced to you by the software or service.
6.2 Any references in the site, application or services to a customer being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Kurt Svendheim about any customer, including of the customer's identity and whether the customer is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the application and services. We therefore recommend that you always exercise due diligence and care when deciding whether to trust a teller or to accept a cash-in request from a customer, or to have any other interaction with any other customers.
7. General Provisions
7.1 Limitations of Liability: IN NO EVENT SHALL WE, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF Kurt Svendheim OR OUR PARENT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, Kurt Svendheim SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
7.2 No Warranty: Kurt Svendheim SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. Kurt Svendheim, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF Kurt Svendheim OR OUR PARENT SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Kurt Svendheim does not have any control over the products or services that are paid for with Kurt Svendheim services and Kurt Svendheim cannot ensure that a buyer or a Seller you are dealing with will complete the transaction or is authorized to do so. Kurt Svendheim does not guarantee continuous, uninterrupted or secure access to any part of Kurt Svendheim's services, and operation of our site may be interfered with by numerous factors outside of our control. Kurt Svendheim will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner, but Kurt Svendheim makes no representations or warranties regarding the amount of time needed to complete processing because Kurt Svendheim services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
7.3 Time Limitation on Claims: You agree that any claim you may have arising out of or related to your relationship with Kurt Svendheim must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
7.4. Export Controls & Sanctions: Kurt Svendheim services and the supply of Digital currency through Kurt Svendheim site is subject to Thailand, international export controls and economic sanctions requirements. By acquiring any such items through Kurt Svendheim site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire Digital currency or any of Kurt Svendheim services through Kurt Svendheim site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury's financial sanctions regime, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime; or (2) you intend to supply the acquired Digital currency or Kurt Svendheim services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or UN sanctions (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury's financial sanctions regime.
7.5 Sanctions Compliance. Kurt Svendheim is prohibited from providing services or entering relationships with certain individuals and entities. In the event that Kurt Svendheim is required to block assets associated with your Kurt Svendheim account in accordance with a sanctions program, or other similar government sanctions programs, Kurt Svendheim may (i) deactivate or cancel your Digital currency Wallet(s) or block user activity, (ii) transfer funds from your Digital currency Wallet(s) to an originating source or to an account specified by authorities, or (iii) require you to transfer your Digital currency from your Digital currency Wallet(s) within a certain period of time. Kurt Svendheim is not responsible for any losses, whether direct or indirect, that you may incur because of our complying with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.
7.6 Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Kurt Svendheim. Always log into you're Kurt Svendheim account through Kurt Svendheim site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
8. No Foreign Currency Exchange
8.1 The customer must agree to never exchange Digital currency purchased from Kurt Svendheim for any currency other than Thai Baht. The customer must also guarantee that any Digital currency the customer sells to Kurt Svendheim have never been involved in exchange with any currency other than Thai Baht. In such case, no matter what type of foreign currency was involved, your action may be considered as dealing with foreign currency payment, and fall under the scope of jurisdiction of Ministerial Regulations No.1:3 (1954), as specified by the Exchange Control Act (1942).
POLICY ON CUSTOMERS FROM STATE OF NEW YORK.
Considering the recent New York "Bit License" regulations we have regretfully decided to no longer service customers who are either residents of, or are located in the state of New York.
By signing up for an account with us or by using any of our products and services, you confirm that you are not a New York State resident or New York State legal entity, and that you will not be using our services from the State of New York.
APPENDIX 1: PROHIBITED BUSINESSES AND PROHIBITED USE
The following categories of businesses, business practices, and sale items are barred from Kurt Svendheim services ("Prohibited Businesses"). By opening a Kurt Svendheim account, you confirm that you will not use Kurt Svendheim services about the following businesses, activities, practices or items:
- Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveller's checks and escrow services
- Counterfeit products or any product or service that infringes upon the copyright, trademark, or trade secrets of any third party
- Stolen goods
- Narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs
- Gambling, except where permitted by Kurt Svendheim
- Sports forecasting or odds making
- Prostitution or illegal escort services
- Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same
- Funding any of the items included on this Prohibited Businesses list
- Extortion, blackmail, or efforts to induce unearned payments
- Unlicensed sale of firearms and certain weapons12. Engaging in deceptive marketing practices
- Any business that violates any law, statute, ordinance or regulation
You may not use you're Kurt Svendheim account to engage in the following categories of activity ("Prohibited Use"). By opening a Kurt Svendheim account, you confirm that you will not use your account to do any of the following:
- Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, regulations governing financial services, controlled substances, or consumer protections);
- Partake in a transaction which involves the proceeds of any unlawful activity;
- Partake in any transaction involving online gambling except where permitted by Kurt Svendheim;
- Defraud or attempt to defraud Kurt Svendheim or other Kurt Svendheim users;
- Infringe upon Kurt Svendheim's or any third party's copyright, patent, trademark, or intellectual property rights;
- Provide false, inaccurate or misleading information;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
- Interfere with another individual's or entity's access to or use of any of Kurt Svendheim services;
- Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
- Publish, distribute or disseminate any unlawful material or information;
- Transmit or upload any material to Kurt Svendheim site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
- Harvest or otherwise collect information from Kurt Svendheim site about others, including without limitation email addresses, without proper consent;
- Act as a payment intermediary or aggregator or otherwise resell any of Kurt Svendheim services, unless expressly authorized by Kurt Svendheim in writing;
- Transfer any rights granted to you under this Agreement;
- Use Kurt Svendheim account information of another party to access or use Kurt Svendheim site, except in the case of specific merchants and/or applications which are specifically authorized by a user to access such user's Kurt Svendheim account and information;
- Otherwise attempt to gain unauthorized access to Kurt Svendheim site, other Kurt Svendheim accounts, computer systems or networks connected to Kurt Svendheim site, through password mining or any other means; or
- 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.
- US Residents are prohibited from using Kurt Svendheim for money transmission or to conduct any other financial activity requiring licensure or covered by regulations governing financial services.