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Terms and Conditions

1) Introduction

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USER AGREEMENT

This Agreement ("Agreement") is a contract between you, and Nectarfi Inc. and applies to your use of Nectarfi products and services and any other Nectarfi features, technologies, and/or functionalities offered on our website, in the Nectarfi app or through any other means (the "Nectarfi services") whether as visitors, registered users, or account holders. The Services are provided to you subject to this Agreement as well as our Privacy Policyarrow-up-right ("Privacy Policy") which is incorporated in this Agreement by this reference. By using Nectarfi Services, you accept and agree to be bound and abide by these Terms. If you do not agree with any part of the Terms, please do not use the Nectarfi Services.

Nectarfi is a company registered and incorporated in the United States of America and headquartered at ,8 The Green, Ste A, Dover, Delaware. Delaware DE 19709.

Please NOTE that Nectarfi is not a bank. Banking services offered by Nectarfi are provided by a licensed partner Bridge Ventures Inc. and palmpay MFB, funds on Nectarfi are settled in USDC stablecoin and not insured by FDIC or any other deposit insurance corporation in the countries we operate.

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Third-Party Providers

By using the Nectarfi Services , you explicitly consent to the use of your personal information as required to execute the Services in accordance with regulatory requirements including sharing such information with our bank partners, aggregators, product and service providing partners and where required by regulatory bodies.

By using certain Nectarfi Services, you expressly authorize and direct Nectarfi to share your data and to create the following applicable / similar account(s) on your behalf via an agreement between Nectarfi Inc. a Delaware based corporation and our third-party account providers or business partners:

(1) a checking account with a US routing number to receive ACH and wire transfers(varying by jurisdiction).

(2) a EUR account to receive and transfer through SEPA

(3) a naira virtual account to receive payment in Naira

(4) a non-custodial crypto wallet

Pursuant to these Terms of Use you are authorizing and directing Nectarfi to create and administer these accounts on your behalf, to consent and agree to necessary terms and policies (where applicable) on your behalf, and to carry out the transactional and investment instructions (transfer, send, save, etc.) that you may provide to us from time to time, with respect to these third-party accounts.

You agree that Nectarfi may access and retrieve your information from these accounts in order to display that information to you and facilitate your use of those accounts through the Nectarfi Services.

You also acknowledge that Nectarfi will close all such affiliate and third-party accounts if and when you terminate your Account with Nectarfi, and you hereby direct and authorize Nectarfi to do so.

To the extent permitted under applicable law, you understand and agree that Nectarfi, in its capacity to act on your behalf with our third-party business partners, will not be liable to you for any losses, expenses, damages, liabilities, charges and claims of any kind or nature whatsoever (including without limitation any legal expenses and costs and expenses relating to investigating or defending any demands, charges and claims) (collectively, "Losses") incurred by you with respect to any of the third party accounts, except to the extent that such Losses are actual losses proven with reasonable certainty and are the direct result of an act or omission taken or omitted by Nectarfi during the term of this Agreement which constitutes willful misfeasance, bad faith, or gross negligence under this Agreement. Without limitation, Nectarfi shall not be liable for Losses resulting from or in any way arising out of

(i) any action of yours,

(ii) force majeure or other events beyond the control of Nectarfi, including without limitation any failure, default or delay in performance resulting from computer or other electronic or mechanical equipment failure, unauthorized access, strikes, pandemics, failure of common carrier or utility systems, severe weather or breakdown in communications not reasonably within the control of Nectarfi or other causes commonly known as "acts of god", or

(iii) general market conditions unrelated to any violation of this Agreement by Nectarfi.

Virtual accounts are

(i) Not FDIC Insured,

(ii) Not Bank Guaranteed, and

(iii) May Lose Value.

You may, at any time and at no cost to you, obtain a copy of this Agreement applicable to you by accessing the Website or App and downloading the version available. Alternatively, you may contact us at support@Nectarfi.finance and we will provide a copy to you via e-mail or post.

These Generally Applicable Terms apply to all Nectarfi Services and Nectarfi Account holders, and shall include this document as well as any Schedules hereto, and shall be read in accordance with the policies ("Nectarfi Policies") as may be referred to herein or elsewhere within the Nectarfi App or the Website and which are to form part of these terms, including but not limited to:

  • Cookie policy

  • Privacy Policy

  • AML policy

  • Complaints policy

Please read the terms and conditions that may be especially applicable to the Nectarfi Services you desire to contract in addition to these Generally Applicable Terms and the policies referred to above.

  1. The 'Nectarfi Terms' refers to these Generally Applicable Terms, the above-mentioned rules, and any other terms that may be applicable to the specific Nectarfi Services being contracted.

  2. The Nectarfi Terms are a framework agreement that sets out the terms and conditions for you to use, access, view, or interact with Nectarfi in any way, including applying for a Nectarfi account ('Nectarfi Account') or using Nectarfi Services in any way ('Nectarfi Interaction').

  3. You must read and understand these Generally Applicable Terms and the Nectarfi Policies, as well as any Nectarfi Terms specifically relating to the Nectarfi Services you wish to contract and the various associated risk warnings contained therein, before opening a Nectarfi Account or obtaining exposure to the Nectarfi Services.

  4. By proceeding with any Nectarfi Interaction, you accept and acknowledge the associated risks in dealing with the respective Nectarfi Services and your agreement with these Generally Applicable Terms, the Nectarfi Policies as well as any Nectarfi Terms specifically relating to the Nectarfi Services you wish to contract.

  5. You further agree to accept the decisions of Nectarfi with respect to all matters relating to the Nectarfi Services including the terms of any third-party providers which Nectarfi may engage with in the provision of the Nectarfi Services.

2) Registration Process

  1. Once your Nectarfi Account has been activated, you will be able to access the Nectarfi Services, subject to Nectarfi's identification and verification process, which you must follow.

  2. You agree that any information you provide during the identification and verification procedure, or in any other situation, is genuine and accurate, and that any payment you make through your Nectarfi Account is your rightful property and comes from a legitimate source.

  3. For the purposes of verification, Nectarfi may seek more information from you. You agree to comply with all requests made on our behalf by Nectarfi or any of our third-party service providers in connection with your Nectarfi Account, including requests to identify or authenticate your identity, validate your funding sources, proof of control of your crypto private address, and any Nectarfi Transaction. This may include, but is not limited to, requesting additional information from you that will enable us to reasonably identify you, such as requiring you to take steps to prove ownership of your phone number or checking your information against third-party databases or other sources.

  4. If we are unable to collect and verify such information, or if you do not comply with our reasonable demands, we have the right to close, suspend, or limit access to your Nectarfi Account and/or the Nectarfi Services.

  5. We may discreetly verify the information you give us with, or we may collect information about you from secure databases ourselves or through third parties. By agreeing to these Generally Applicable Terms, you agree that we or a third party acting on our behalf may conduct such verifications.

  6. You must keep your Nectarfi Account details valid and up to date at all times. If we suspect your information is outdated or wrong at any time, we may contact you and request additional information or ask you to repeat the verification procedure. While we validate your identity, a Nectarfi Transaction limit may be placed on your Nectarfi Account, or an existing limit may be changed. We will not be liable for any losses resulting from your failure to keep your information up to date.

  7. To access the Nectarfi Services, go to the Accounts page in the Nectarfi Website or App and pick the appropriate Nectarfi Account.

3) Security

  1. It is solely your responsibility to keep your Nectarfi Account secure. While we may help you restore access to your Nectarfi Account if it is reasonable, Nectarfi is not obligated to restore any access to a Nectarfi Account in any event, including in the event of theft or any loss of control of the means of access to the Nectarfi Account. You agree that Nectarfi is not responsible for any damages or losses incurred as a result of such theft or loss of control of your Nectarfi Account that are not caused by Nectarfi's fault or negligence.

  2. You promise to keep all passwords, PIN numbers, and access codes and information for your Nectarfi Account completely secret. Nectarfi will not be held accountable for any access to or use of your Nectarfi Account as a result of any disclosure of such access information by you or anyone else to whom you disclosed such information later.

  3. Protecting your Nectarfi Account and any access information related to it includes, but is not limited to:

    1. Logging out of your Nectarfi Account whenever you are not using it;

    2. Keeping any device you use to access your Nectarfi Account safe and secure, and ensuring that any email account(s) you use to connect with us are also secure and only accessed by you;

    3. Not writing down or disclosing the password to your Nectarfi Account;

    4. Changing the password to your Nectarfi Account on a regular basis;

  4. If you receive any SMSs, emails, questionnaires, surveys, or other links requiring you to provide your Nectarfi Account access information, do not provide your information and contact us immediately at support@nectarfi.finance;

  5. If you believe your Nectarfi Account access information has been lost, stolen, or that anyone has access to your email account or device you use to communicate with us, do not provide your information and contact us immediately at support@nectarfi.finance

If you have any questions concerning this, please contact us at support@nectarfi.finance

  1. Nectarfi is a company that specializes in providing financial services. Automated techniques may be used to process transactions and activity conducted within the Nectarfi App, and anyone who gains access credentials to a Nectarfi Account may use it to enter transactions without your permission. If you observe any unusual behaviour, such as misuse or unauthorized use of your Nectarfi Account, you must inform us immediately at support@nectarfi.finance

  2. The balance in any Nectarfi Account belongs to the person or legal organization that is registered as the account holder. Only the rights of the Nectarfi Account holder are recognized. Your Nectarfi Account cannot be assigned or transferred to anyone else.

4) Unauthorized Access

  1. If you suspect a Nectarfi Transaction was conducted erroneously or without your permission, please notify us as soon as possible using the Nectarfi App or by emailing support@nectarfi.finance Failure to contact us as soon as you become aware of the unauthorised or wrongly completed Nectarfi Transaction, or within two months of the date of the transaction, may result in you losing your right to have the situation addressed.

  2. We will refund to you the full amount debited without authorisation if it is determined that a Nectarfi Transaction was not authorised by you, or was incorrectly initiated or executed by us (provided we can prove such incorrect transaction occurred) and you notified us within 2 months of the date of the unauthorised Nectarfi Transaction. However, if you have acted fraudulently, or have intentionally or with gross negligence failed to comply with your obligations set out in Clause on Security, or you have not notified us on time in accordance with Clause on Notification, you will be liable in full for all losses incurred in respect of a Nectarfi Transaction made by us which was not authorised by you.

PLEASE NOTE THAT ANY LIABILITY LIMITATIONS SET FORTH IN APPLICABLE LAWS IN RELATION TO AN UNAUTHORIZED OR INCORRECTLY EXECUTED PAYMENT TRANSACTION MAY NOT APPLY TO LOSSES RELATED TO VIRTUAL CURRENCY TRANSFERS.

5) Nectarfi Account Closure

We will close your Nectarfi either as a result of your request, which must be made in writing via the Nectarfi Customer Services hello@nectarfi.com, or as a result of Nectarfi closing your account for any other reason that may arise in accordance with any Nectarfi Terms and/or applicable law.

  1. You agree that when we close your Nectarfi Account, Nectarfi may keep personal data about you, your Nectarfi Account, and any Nectarfi Interaction for a period of five years or as required by applicable law.

  2. If your Nectarfi Account has a balance at the time of closure, Nectarfi may request that you withdraw your funds within a reasonable timeframe, during which time your Nectarfi Account will be accessible only for the purpose of removing the remaining balance. You will be unable to access your Nectarfi Account after this period has expired, but you may withdraw any remaining funds for a period of five years from the date of closure by contacting Nectarfi Customer Services support@nectarfi.finance and requesting that the funds be sent to you either by refund or bank transfer. Any pending instructions will be cancelled once your Nectarfi Account is canceled.

  3. To avoid an investigation, you cannot close your Nectarfi Account. If you try to close your Nectarfi Account while an investigation is underway, Nectarfi may freeze your account to protect any and all relevant parties from responsibility, including but not limited to itself, its affiliates, or a third party.

  4. Even if your Nectarfi Account is closed, you are still responsible for any liabilities associated with it.

  5. We may close your Nectarfi Account and terminate all applicable Nectarfi Terms with immediate effect in the following circumstances, without affecting the generality of this clause and without prejudice to any rights that have accrued under the Nectarfi Terms or any rights or remedies that may be applicable:

    1. You breach a material condition of the Nectarfi Terms and fail to correct that breach within 15 days of being notified in writing to do so;

    2. You consistently violate any of the Nectarfi Terms in such a way that it is reasonable to believe that your actions are inconsistent with your intention or ability to give effect to the Nectarfi Terms and the conditions set forth therein;

    3. A bankruptcy, insolvency, winding up, or other similar event has occurred;

    4. Any change in or introduction of laws, regulatory authority rules, or guidance (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rule, order, or regulation for either Nectarfi or yourself to perform or give effect to any obligations hereunder, and such obligation cannot be easily severed from the Nectarfi Terms;

    5. You die;

    6. We have cause to suspect that your use of the Nectarfi Services harms, corrupts, degrades, ruins, or otherwise harms Nectarfi, the Nectarfi Services, and/or the Nectarfi App;

    7. The total number of transactions you make through your Nectarfi Account has a considerable variation (either positive or negative);

    8. You have acted or omitted to act in any way that we reasonably believe will harm Nectarfi's business operations, reputation, or goodwill, and/or that we reasonably determine or suspect will result in any offence or increased risk or liability to us; and/or you have acted or omitted to act in any way that we reasonably determine or suspect will result in any offence or increased risk or liability to us; and/or you have acted or omitted to act in any way that);

    9. We are unable to provide the Nectarfi Services to you due to a third- party incapacity to provide us with any products and/or services that we require to provide the Nectarfi Services to you.

  6. Other than closing your Nectarfi Account, we may take the following actions if you violate any of the Nectarfi Terms (including failing to pay us any amount owed):

1)Suspend (in whole or in part) your use of the Nectarfi Services, in which case we will not treat any order for a transaction that you may wish to make as having been received by us;

2)Disclose any transaction or other relevant information about you and your use of the Nectarfi Services to the appropriate regulatory authority, law enforcement agency, or government department, and/or;

3)Seek damages from you if applicable

6) Notice and Communication

  1. You accept to receive electronic messages from Nectarfi in connection with Nectarfi and the Nectarfi Services. We shall send you communications via the Nectarfi App or via email to the primary email address indicated in your Nectarfi Account profile ('Primary Email Address'). It is your responsibility to keep this Primary Email Address safe. You acknowledge that Nectarfi is not responsible for any damages or losses incurred as a result of any unauthorized use or loss of control of the above-mentioned Primary Email Address.

  2. It is your obligation to ensure that you log onto and examine the Nectarfi App, the Website, and your Primary Email Address on a regular basis, as well as open and review communications that we provide to you via those channels. You must review your notifications and Nectarfi Transaction history and report any questions, apparent errors, or unauthorized Nectarfi Transactions or usage of your Nectarfi Account as soon as possible. Failure to contact us in accordance with the applicable Nectarfi Terms in a timely way may result in the loss of funds and/or essential rights.

  3. We may get in touch with you from time to time to inform you of changes to your Nectarfi Account or to provide you with important information. It is your duty to ensure that you check the Nectarfi App and Primary Email Address on a regular basis, and that your contact information in your Nectarfi App profile is accurate. In compliance with these terms, you may contact us via the Nectarfi App or via email at support@nectarfi.finance

7) Personal Data

These Generally Applicable Terms, as well as any other applicable Nectarfi Terms, including any applicable Supplements, and our Privacy Policy, which may be found at www.nectarfi.finance/privacypolicy, govern the processing of your personal data. Nectarfi also complies with all applicable privacy laws.

  1. We may gather Personal Data such as precise location data regarding a Nectarfi Transaction when you utilize the Nectarfi Services. We may gather the precise location of your device when the Nectarfi App is running in the foreground or background if you allow the Nectarfi App to access location services through the permission system employed by your mobile operating system. Your IP address may also be used to determine your approximate location. You can opt out of giving location data using the Nectarfi App at any time if you have previously agreed to do so. Unless you opt out of giving location data, you consent to its collection, usage, sharing, and onward transmission, as detailed in our Privacy Policy. http://www.nectarfi.finance/privacypolicy.

  2. You acknowledge that we may collect Personal Data regarding how you and other Nectarfi Accountholders engage with the Nectarfi Services, and you agree to this. We may access and keep names and contact information from your device's address book in order to support social interactions via the Nectarfi Services and for other legitimate business purposes. We gather transaction information about your use of the Nectarfi Services, such as the type of service you ordered, the day and time the service was performed, the amount charged, and other transaction information. Personal data regarding your mobile device, such as the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising IDs, serial number, device motion information, and mobile network information, may be collected.

  3. You understand and consent that we may use the personal data we gather to make your interactions with the Nectarfi Services more convenient, including sharing non-sensitive information about you with other Nectarfi Account users.

  4. You hereby irrevocably and unconditionally consent and authorize us to collect, use, process, and store any and all of your personally identifiable information, credit or financial information provided to us, including your KYC Information, at any time and at our absolute discretion, without regard to any of the consents provided to us by you in these Generally Applicable Terms or other Nectarfi Terms. You also agree that we may disclose any and all of your personally identifiable information, credit or financial information, including your KYC Information, to the Card Issuer and/or other Nectarfi affiliates, financial institutions, debt collection agencies, credit bureaus, any credit reporting agency, or any other third party service providers of Nectarfi and/or the Card Issuer for any purpose related to our provision of services under applicable law.

  5. If necessary to comply with relevant legislation or to identify whether any Nectarfi Terms or relevant legislation have been violated, Nectarfi reserves the right to transmit information or personal data about you, as well as activity you conduct through your Nectarfi Account, to law enforcement institutions, state authorities, and financial institutions.

  6. You consent to receive autodialed and pre-recorded message calls at the phone number you provide to Nectarfi (including a mobile phone number). You can give us your phone number in a variety of ways, including when you open your Nectarfi Account or when you update your profile on your Nectarfi Account.

  7. We will never market, advertise, or solicit you using autodialing or pre-recorded messages without your consent, but we may share your phone numbers with the Card Issuer, our affiliates, or other service providers, such as billing or collections companies, who may contact you using autodialed or pre-recorded message calls or text messages.

  8. You accept and agree that Nectarfi may monitor or record telephone conversations you or anyone acting on your behalf has with Nectarfi or its representatives for quality control and training purposes, as well as for its own protection, without additional notice or warning. You recognize and accept that, while your conversations with Nectarfi may be overheard, monitored, or recorded without further notice or warning, Nectarfi does not promise that recordings of any given telephone call will be preserved or retrievable.

  9. You consent to us using your personal information in connection with your Nectarfi Account in order to review, develop, and enhance our products and services. This may include disclosing your personal information to our affiliates, agents, distributors, and suppliers in order for them to handle Nectarfi Transactions and conduct statistical research and analysis. We may also share your personal information if forced to do so by law, legislation, or any competent authority or agency investigating any fraudulent, criminal, or unauthorised behaviour.

  10. Please see our Privacy, Data Usage and Retention Policy at www.nectarfi.com/privacypolicy for further information on the personal data that Nectarfi collects and uses in connection with your Nectarfi Account and use of Nectarfi Services.

8) Links to other Websites

  1. Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

  2. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

  3. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

9) Intellectual Property

  1. Nectarfi owns or licences the Nectarfi App and Website, as well as all Intellectual Property Rights included within, including but not limited to any logos, content, product information, and so on. Without our prior written consent, you may not copy, imitate, reproduce, edit, or otherwise use any Intellectual Property found on the Nectarfi App, the Website, or any website linked from it in whole or in part.

  2. Except as necessary to enable you to access the Nectarfi App and/or Website, nothing in the Nectarfi Terms provides you or any other person or organization any legal rights in the Nectarfi App and/or Website. You undertake not to change, circumvent, or delete any notices on the Nectarfi App and/or Website (including any Intellectual Property notices), including any digital rights or other security embedded or contained within.

  3. You represent and warrant that the content, information, or data you submit to the Website or Nectarfi App is yours and that you have all required rights to it.

  4. In conjunction with the Nectarfi Terms, we reserve all of our intellectual property rights. This implies that Nectarfi, for example, will retain ownership of them and will be allowed to use them as it sees right.

10) Customer Support and Complaints

  1. We take customer complaints very seriously. Please refer to our Complaints Policy on the Website www.nectarfi.com if you desire to lodge a formal complaint about us, the services we provide, or your Nectarfi Account.

  2. You may obtain a copy of the applicable Nectarfi Terms, as well as any other information relevant to current applicable laws and regulations, at any time during the term of any Nectarfi Terms.

11) Amendments

  1. Nectarfi may unilaterally amend any and all Nectarfi Terms by providing you with at least 1 (one) month written notice, either via the Website or the Nectarfi App, or by sending an email to your Primary Email Address as set out in your Nectarfi Account at any time. You agree that it is your duty to check for revisions on a regular basis and to be familiar with and follow the most recent version of the Nectarfi Terms that apply to you.

  2. You will be presumed to have accepted any modifications if you do not tell us to the contrary before the proposed date of the changes coming into effect. If you do not notify us to the contrary, your notification will be interpreted as a notice that you desire to close your Nectarfi Account and terminate any applicable Nectarfi Terms on the effective date of the changes.

  3. Your non-termination of any Nectarfi Services or continuous use of any Nectarfi Services after the effective date of any amendments, changes, or updates signifies your acceptance of the Nectarfi Terms, as modified by such amendments, changes, or updates.

  4. If a change to the Nectarfi Terms is required by law or relates to the addition of a new service, additional functionality to an existing Nectarfi Service, a reduction in the cost of the Nectarfi Services, or any other change that does not reduce your rights or increase your responsibilities, the change may be made without prior notice to you and will take effect immediately.

12) Warranties

  1. The Nectarfi App, Nectarfi Services, and Website are provided "as is," "as available," and without any express, implied, or statutory representations or warranties.

  2. Nectarfi disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement for the Website and any and all of its components, as well as the Nectarfi App and any and all of its components, to the maximum extent permitted by applicable legislation.

  3. Nectarfi, its officers, directors, agents, employees, and suppliers make no representation or warranty of any kind for the Nectarfi Services, including the content, materials, information, and functions made available by the Nectarfi Services when used on or accessed through the Nectarfi App and/or Website, or for any security breach associated with the transmission of sensitive information through any Nectarfi Interaction.

  4. Nectarfi makes no representation or warranty as to the Nectarfi Services' compatibility for your needs. Nectarfi does not guarantee the Website's uptime or availability, and does not promise that the Website or Nectarfi Services will be error-free or uninterrupted. Nectarfi is not liable for any service interruptions, including but not limited to system failures or other interruptions, that may affect the receipt, processing, acceptance, completion, or settlement of Nectarfi Transactions or the Nectarfi Services.

  5. Nectarfi has no influence over the items or services acquired through the Nectarfi Services. Nectarfi is not liable for the quality, performance, or any other consequences of the products and/or services purchased through the Nectarfi Services, and expressly disclaims any such duty.

13) Suspension of Nectarfi Services

We retain the right, without notice or obligation, to change, suspend, or discontinue any component of the Nectarfi Services, including hours of operation or availability of the Nectarfi Services or any Nectarfi Services feature.

PROHIBITED ACTIVITIES

The following actions are prohibited (the "Prohibited Activities"):

  • Unless Nectarfi expressly permits it in writing, you may not register more than one (1) Nectarfi Account;

  • If you have had a previous Nectarfi Account cancelled by Nectarfi, you must not register a new Nectarfi Account unless Nectarfi expressly allows it in writing;

  • You must not attempt to manipulate or subvert the rights or obligations of Nectarfi, any other Nectarfi Account holder, or any third party; initiate or participate in any attempt to manipulate or subvert the rights or obligations of Nectarfi, any other Nectarfi Account holder, or any third party;

  • You shall not attempt to gain unauthorized access to any portion of the Website or the Nectarfi App, or in any way compromise the security, functionality, or performance of the Website, the Nectarfi App, or the Nectarfi Services in any manner;

  • You must not infringe on Nectarfi's or any third party's copyright, patent, trademark, trade secret, or other intellectual property rights, as well as publicity or privacy rights;

  • With respect to your Nectarfi Interaction, you shall not act in a defamatory, libellous, threatening, or harassing manner;

  • You are not permitted to harass Nectarfi personnel, agents, or other Nectarfi Account holders;

  • You must not give Nectarfi with any information that is false, inaccurate, or misleading;

  • You shall not refuse to participate with an inquiry or give proof of your identification or any other information to Nectarfi;

  • You must not use the Nectarfi Services in a way that is illegal under the law.

14) Suspension or Termination of Nectarfi Account

  1. Nectarfi reserves the right to limit, suspend, or terminate a Nectarfi Account, access to any Nectarfi Account, and use of any Nectarfi Services and/or the Website at any time and without notice, including in connection with any activity deemed suspicious or fraudulent, or in any way directly or indirectly contrary to these Generally Applicable Terms, any other applicable Nectarfi Terms, and, in particular, the Prohibited Activities.

  2. If Nectarfi considers, in its sole discretion, that you have violated any Nectarfi Terms, including the Prohibited Activities, we may take steps to protect ourselves, other Nectarfi Account holders, and any third parties. We may, for example, contact other Nectarfi Account holders or third parties with whom you may have transacted, contact law enforcement or other appropriate agencies and authorities, take legal action against you, and/or limit your Nectarfi Interaction as a result of this.

  3. In the case of termination or cancellation of your Nectarfi Account, any Account Balance, after any liquidation and deducting any applicable fees, will be available for withdrawal by you, unless Nectarfi reasonably decides otherwise, for example due to any requirements of law enforcement authorities or court processes.

  4. Any losses incurred as a result of the suspension of a Nectarfi Account are not covered by Nectarfi. For engaging in Prohibited Activities, Nectarfi may impose any appropriate sanction, including freezing any assets held in your Nectarfi Account and reporting to law enforcement and other authorities, as well as confiscation of any amounts held in your Nectarfi Account if required by law or the relevant authorities.

  5. Wherever feasible, Nectarfi will provide you with pertinent information about the steps taken, but we may be unable to do so due to legal restrictions, such as not releasing protected third-party information or interfering with an investigation.

15) Nectarfi's Right to Set-Off

  1. We shall be entitled to recover any sum due to us by retaining part or all of any sum that you have lodged with us under any Nectarfi Transaction or otherwise if any event occurs that entitles us to be compensated by you (including, but not limited to, any technical errors on our behalf or on behalf of our third-party providers). You will not have a right of set-off in the same way.

  2. For the avoidance of doubt, if one of your Nectarfi Account's currency balances shows that you owe us money for any reason or has a negative balance, Nectarfi may set-off the amount you owe us by using funds you have in that currency or in another currency balance, or by deducting amounts you owe us from money you receive into your Nectarfi Account. Deductions may also be made from money you try to withdraw or send from your Nectarfi Account, or from funds in another Nectarfi Account that you control, as well as from any withdrawals you try to make.

  3. If the amount owed to us is in a currency other than the Cryptocurrency you hold with us, we will use our Exchange Rates to convert the amount you hold with us to the currency of the amount you owe us. We don't need to inform you that this conversion is taking place.

16) Liability

  1. Any liability arising from a breach of these Generally Applicable Terms or any other applicable Nectarfi Terms is limited to any loss or damage that is a reasonably foreseeable result of such breach and results directly from the defaulting party's acts.

  2. To the extent permitted by law, Nectarfi is not liable or responsible, and you agree not to hold it liable or responsible, for any damages or losses (including, but not limited to, loss of any virtual currency, goodwill, reputation, profits, business opportunity, or other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from the use of the Nectarfi Services, however arising, including but not limited to:

    1. Your incapacity to utilize the Nectarfi Services, for whatever reason;

    2. delays or disturbances in the Nectarfi Services;

    3. the fact that accessing the Nectarfi App, Website, or any related site or service may result in the transmission of viruses or other harmful malware;

    4. any difficulties, bugs, errors, or inaccuracies in the Nectarfi Services of any type;

    5. third-party activities or inactions;

    6. A suspension of your Nectarfi Account or other action taken against it; or

    7. Third-party acts and operations are illegal.

  3. Nectarfi, its officers, authorized representatives, or connected entities or persons are not responsible for any delay or failure to meet their respective responsibilities, including any withdrawal requests, owing to any cause beyond their reasonable control. These are called Force Majeure Events and they include but are not limited to: any action or inaction by you or any third party; acts of God; war; riots; government intervention; natural disasters; any market movements, volatility, or crash; any technological failure, including failure within the virtual currency ecosystem; any infrastructure failure, including computer, server, or network failures beyond our reasonable control; security breaches; acts or omissions of a third party; acts or omissions of a third party; acts or omissions of a third party; acts or omissions

  4. Nectarfi employs industry-standard techniques to keep its Website, the Nectarfi App, and its Nectarfi Services free of viruses and other malicious software, but we cannot guarantee that they will remain virus-free. We are not responsible for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that infects your computer equipment, computer programs, data, or other proprietary material as a result of your use of our Website, the Nectarfi App, or Nectarfi Services, or your downloading of any content from it or any website linked to it.

  5. We shall not be liable if a request to obtain or restrict exposure that you submit to us is not displayed on the Website or the Nectarfi App, or if it is withdrawn or not carried out.

  6. Certain warranty disclaimers and liability limits are prohibited in some jurisdictions. You will only be subject to disclaimers or limits that are permissible under applicable law. Subject to the foregoing, our liability will be limited to the maximum extent permitted by applicable laws, and Nectarfi, its officers, employees, licensors, partners, service providers, or subcontractors (if any) will not be liable for any indirect, special, incidental, punitive, or consequential damages (including, without limitation, lost profits, loss of use, loss of data, or loss of goodwill) arising out of or in connection with any Nectarfi. Whether such liability arises from a claim based on breach of contract, breach of warranty (including negligence), product liability, or otherwise, and whether or not the respective persons have been advised of the possibility of such damages, the foregoing provisions apply in relation thereto, but are not limited to:

    1. Your use of, access to, and display of the Nectarfi Services, as well as any delay or inability to use, display, or access the Nectarfi Services;

    2. Viruses, information, software, connected sites, items, or services accessed from the Nectarfi Services; or

    3. Any firm that uses Nectarfi Services or another third party's act or omission;

    4. Any acts or omissions by any cryptocurrency custodian, whether or not liability is determined in respect of such third parties;

    5. Any non-execution or improper execution of a Nectarfi Transaction, whether a virtual currency transaction or a Nectarfi bank transfer, that we have carried out in accordance with a unique identification provided by you that proves to be erroneous;

    6. Any failure or delay in performing our obligations under applicable Nectarfi Terms (including any delay in payment) due to any cause beyond our reasonable control, including but not limited to any action or inaction by you or any third party, any force majeure event, bank delay, postal delay, failure or delay of any fax or electronic transmission, any accident, emergency, act of God, or any unusual or unforeseeable circumstances;

    7. Delays or disturbances in the Nectarfi Services; Viruses or other malicious software obtained by accessing the Website or any associated site or service; any glitches, bugs, errors, or inaccuracies in the Nectarfi Services; any virus, distributed-denial-of-service attack, or other technologically harmful material that infects your computer equipment, computer programs, data, or other proprietary material as a result of your use of our Website or Nectarfi App or your downloading of any content on it.

    8. a third-party material, activities, or inactions;

    9. Your Nectarfi Account has been suspended or further action has been taken against it;

    10. As a result of changes to any Nectarfi Terms or Nectarfi Policies, you may need to adapt your practices, content, or behaviour, or you may lose or be unable to do business.

    11. Third-party criminal acts and operations involving counterfeited and/or illegal documents or data obtained illegally;

    12. Any losses incurred as a result of a new law or regulation imposing a duty on us, or our obligations under the laws of any jurisdiction;

    13. Any loss or damage you may incur as a result of any abnormal or unforeseeable circumstances beyond our reasonable control that would have been unavoidable despite our best efforts, such as delays or failures caused by problems with another system or network, any breakdown or failure of transmission, communication, data processing, or computer facilities, mechanical breakdown, an act of State of Government, war, riot, or terrorism, any act of God, any market, postal, or other strikes or other similar industrial action, or any inability or delay in obtaining any materials, energy, or other supplies required to fulfill our responsibilities under the Terms.

    14. Your use of, or inability to use, Nectarfi corresponding Accounts, and/or the Nectarfi App, as a result of or in connection with any failed, missed, delayed, or fraudulent transactions, payment transmission errors, etc.

    15. Any unauthorized access to, disclosure of, or unlawful or fraudulent use of your Nectarfi Account, Nectarfi App, Personal Data, pin, or password that is not attributable to Nectarfi's negligent or dishonest acts or omissions;

    16. Any other party's mistake, negligence, willful default, misconduct, fraud, act, omission, breach or failure, or violation of applicable laws (including you and the Card Issuer);

    17. Our following your directions in a reasonable manner;

    18. Any loss incurred by you or a third party as a result of events beyond our control (such as non-delivery of mail, machine failure, system failure, strikes, or communication linkage failure);

    19. Any losses incurred as a result of your negligence or fraudulent behaviour, whether alone or in concert with others;

  7. Subject to the foregoing, Nectarfi's responsibility to you under any Nectarfi Terms is limited to the Fees you paid to Nectarfi in the three months prior to the alleged violation.

  8. Nothing in the Nectarfi Terms will operate to limit or eliminate liability for death or personal injury, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or modified by law.

  9. You are still liable for the following under any and all relevant Nectarfi Terms:

    1. All financial or other liabilities incurred by Nectarfi, a Nectarfi Accountholder, or a third party as a result of your breach of any Nectarfi Terms, your use of the Nectarfi Services, or any usage of your Nectarfi Account. To the extent not prohibited by applicable law, you undertake to refund the Card Issuer, Nectarfi, a Nectarfi Accountholder, or a third party for any and all such liabilities.

    2. Irrespective of termination, suspension, or closure, any charges and other amounts incurred through the use of your Nectarfi Account; and

    3. complying with all laws, rules, and regulations of your specific jurisdiction that may apply to you in connection with your use of the Nectarfi App, the Website, and/or Nectarfi Services, including but not limited to those related to export or import activity, taxes, or foreign currency transactions. You are solely responsible to the state and other subjects for the fulfillment of all tax obligations. Nectarfi is not liable for the fulfilment of tax requirements, as well as the calculation and transfer of taxes that apply to you.

17) Indemnification

  1. You agree to defend, reimburse, and/or compensate Nectarfi and any associated entities, third-party providers, employees, agents, or persons authorised to act on our behalf, as well as their respective directors, shareholders, officers, employees, or agents, and hold them harmless from any action, including legal action, claim, demand, loss, liability, expense, cost, and fee, including attorney fees, arising directly, indirectly, or in any connection with the use of Nectarfi Services.

18) Termination

  1. Nectarfi may terminate any Nectarfi Terms at any time by giving you (30) thirty days' notice, at its sole discretion. Any of our rights or obligations arising under the Nectarfi Terms will not be affected if the Nectarfi Terms are terminated.

  2. Your Nectarfi Account may be closed if your Nectarfi Terms are terminated. Your remaining balance will be handled in accordance with these Generally Applicable Terms.

  3. Any clauses that should, by their nature, survive the expiration of the particular Nectarfi Terms will do so,

  4. any applicable Nectarfi Terms may be terminated with immediate effect by any Party at any time, without prejudice to any rights that have accrued under applicable Nectarfi Terms, or any party's other rights or remedies, if:

    1. the other party breaches any Nectarfi Terms materially and fails to fix the infringement within 30 days after being notified in writing to do so;

    2. the other party repeatedly violates any of the Nectarfi Conditions in such a way that it is reasonable to believe that its actions are inconsistent with its intention or ability to carry out the terms of the Nectarfi Terms;

    3. a bankruptcy, insolvency, winding up, or other similar event has occurred to the other party; and/or

    4. Because of laws, payment scheme rules, regulatory authority rules or guidance, or any change in or introduction thereof (or change in the interpretation or application thereof), performing or giving effect to any of the parties' obligations hereunder is unlawful or contrary to any such law, rule, order, or regulation, and such obligation cannot be easily severed from the Nectarfi Terms.

  5. Without prejudice to any rights or remedies that may have accrued under applicable Nectarfi Terms, Nectarfi may terminate any Nectarfi Terms with immediate effect by giving writing notice to you if:

    1. We have been unable to validate your details in accordance with the Nectarfi Terms;

    2. You die;

    3. We have reason to suspect that your use of the Nectarfi Services damages, corrupts, degrades, destroys, or otherwise negatively affects any Nectarfi Services, as well as any other software, firmware, hardware, data, systems, or networks that you access or use;

    4. There is a considerable change in the total number of Nectarfi Transactions you make (either positive or negative);

    5. You have acted or omitted to act in any way that we reasonably believe will harm Nectarfi's business operations, reputation, or goodwill, or that we reasonably determine or suspect will result in any offence or increased risk or liability to us; and/or you have acted or omitted to act in any way that we reasonably determine or suspect will result in any offence or increased risk or liability to us; and/or you have acted or omitted to act in any;

    6. We are unable to deliver the Nectarfi Services to you because a third party has failed to provide us with any goods or services that we require to provide the Nectarfi Services to you.

  6. We are otherwise entitled to terminate these or any other Nectarfi Terms if you have breached any Nectarfi Terms (including your obligation to pay us any sum outstanding), or we may:

    1. suspend (in whole or in part) your use of the Nectarfi Services, in which case we will not recognize any order for a Nectarfi Transaction that you may wish to make as having been received by us;

    2. Any Nectarfi Transaction, as well as any other relevant information about you and your use of the Nectarfi Services, should be reported to the appropriate regulatory authority, law enforcement agency, or government department; and/or

    3. If necessary, seek compensation from you.

    4. The closing of your Nectarfi Account, as well as all Nectarfi Services, Nectarfi Cards, and the associated Nectarfi Terms, is required to terminate these Generally Applicable Terms. Your remaining balance will be handled by Nectarfi in collaboration with the Card Issuer in line with the relevant Nectarfi Terms, which, for the avoidance of doubt, include the Card Issuer Terms.

    5. Any terms that should by their nature survive the termination of these Generally Applicable Terms or other Nectarfi Terms, as applicable, shall also survive.

19) Seizure and Refund of Balances

  1. Without prior warning to the Nectarfi Account holder, Nectarfi has the right to cancel access to and/or confiscate any funds kept in a Nectarfi Account indefinitely. According to current law, Nectarfi is not compelled to and may be prohibited from disclosing the reasons for such Nectarfi Account limitations.

  2. In closing your Nectarfi Account, we may transfer the money back to their source unless we are forbidden from doing so by any applicable legislation, rule, court order, or instruction or guidance of a competent regulatory authority or agency. Regardless of the foregoing or any other provision in any applicable Nectarfi Terms, Nectarfi reserves the right to refuse to refund your account balance, in whole or in part, or to restrict access to your account balance in accordance with applicable law if we reasonably believe you have not acted in accordance with any Nectarfi Terms or have acted unlawfully, or if we are prohibited from allowing you access to your account balance by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency.

20) Tax Liabilities

  1. It is your obligation to identify which taxes, if any, apply to the payments you make or receive, and to collect, report, and repay the applicable tax to the appropriate tax body. We are not responsible for assessing whether taxes apply to your Nectarfi Transactions, or for collecting, reporting, or remitting any taxes owed as a result of your Nectarfi Transactions.

  2. It is your obligation to comply with all applicable tax regulations in connection with your use of the Nectarfi Services, including, but not limited to, the reporting and payment of any taxes deriving from profits made via use of the Nectarfi Services.

  3. Where you use your Nectarfi Services abroad, we may be required to comply with foreign tax regulations in certain instances. You undertake to abide by all relevant tax regulations in connection with your use of the Nectarfi Services, including, but not limited to, the reporting and payment of any taxes arising from Nectarfi Transactions made through the Nectarfi Services.

21) Translation Interpretation

If We have made these Terms and Conditions available to You via our Service, they may have been translated. In the event of a disagreement, you agree that the original English text will take precedence.

22) Jurisdiction

Unless otherwise noted, these Generally Applicable Terms, as well as all additional Nectarfi Terms, are governed by the laws of Delaware, United States, and any claim or dispute arising out of them is subject to the exclusive jurisdiction of Delaware courts. These Generally Applicable Terms do not include any alternative dispute resolution methods as a means of disputing or issuing any claims in respect to these Generally Applicable Terms, for the avoidance of doubt.

22.1) For European Union (EU) Users:

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

22.2) United States Legal Compliance

You represent and warrant that:

  • You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a 'terrorist supporting' country, and

  • You are not listed on any United States government list of prohibited or restricted parties.

23) Miscellaneous

  1. You may be asked to accept additional terms and conditions, either with Nectarfi or with a third party, in order to use various functions of the Nectarfi Services. You consent to this by opening a Nectarfi Account.

  2. You and Nectarfi agree that each party may only make claims against the other on an individual basis, not as a plaintiff or class member in any ostensibly class or representative action or proceeding. No adjudicator has the authority to consolidate or join the claims of more than one person or party, and no adjudicator has the authority to preside over any type of consolidated, representative, or class action. Any relief granted to one Nectarfi Account holder will not affect the accounts of other Nectarfi Account Holders.

  3. These Generally Applicable Terms, as well as all other Nectarfi Terms unless expressly indicated otherwise, do not intend to confer any benefit on any third party. Any rights to enforce any of these terms against Nectarfi are limited to the Nectarfi Accountholder.

  4. Without Nectarfi's prior written agreement, you may not transfer, assign, or sell any rights or obligations you have under the Nectarfi Terms, or otherwise award any third person a legal or equitable interest in your Nectarfi Account. At any moment, Nectarfi reserves the right to transfer or assign any and all Nectarfi Terms, as well as any right or obligation arising from them.

  5. We will not be deemed to have waived any of our rights under the Nectarfi Terms or relevant laws if we fail to pursue them.

  6. Any subpoena, levy, or other legal procedure that we believe is valid may be followed. We may send you an email, a phone call, or a letter informing you of the procedure.

  7. Nectarfi has the right to replace any of their third-party service providers, including the Card Issuer and processor, at any time and without warning.

  8. Nectarfi maintains the right, but not the obligation, to edit, change, refuse to post, or remove any provider content, in whole or in part, that is objectionable, erroneous, illegal, fraudulent, or otherwise in violation of the Nectarfi Terms in its sole and absolute discretion.

  9. If any term of the Nectarfi Terms is found to be invalid or unenforceable, the remaining provisions will be enforced to the degree practicable, unless otherwise indicated in any Nectarfi Terms.

  10. Exchange rates for foreign currencies fluctuate due to factors beyond our control. Past movements or patterns in foreign currency exchange rates should not be interpreted as a predictor of future changes in such rates.

24) Interpretations

  1. The headers of clauses, schedules, and paragraphs have no bearing on the interpretation of these Terms.

  2. A natural person, a corporation, or an unincorporated body are all considered people (whether or not having separate legal personality).

  3. Any applicable Schedules are incorporated into these Generally Applicable Terms and have the same force and effect as if they were included in their entirety in the body of these Generally Applicable Terms. The Schedules are included in any reference to these words.

  4. Any company, corporation, or other body corporate, wherever and however constituted or established, will be referred to as a company. Unless the context dictates otherwise, singular words include plural words, and multiple words include singular words, and references to one gender include references to the other genders.

  5. The parties to the relevant Nectarfi Terms, as well as their personal representatives, successors, and permitted assigns, shall be bound by these Generally Applicable Terms and any other applicable Nectarfi Terms, and references to any party shall include that party's personal representatives, successors, and permitted assigns.

  6. A reference to a legislation or statutory provision means that it has been altered, extended, or re-enacted at some point in the past.

  7. Email, Website notifications, and the Nectarfi App are all examples of writing or writing.

  8. A party's commitment not to do something also includes an obligation not to allow it to be done.

  9. In any jurisdiction other than Delaware, United States, any reference to a legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official, or any legal concept or thing shall be deemed to include a reference to that which most

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