The following Disclaimer and Consent is an integral part of Terms of Use you agree to by registering on https://switchere.com/.
I. Disclaimer
1. General Information
The website https://switchere.com/ (hereinafter referred to as “Switchere.com,” “Switchere,” "website," “we,” “us,” or “our”) provides online fiat-to-cryptocurrency, cryptocurrency-to-fiat and cryptocurrency-to-cryptocurrency exchange services. The user (hereinafter referred to as “you” or “your”) is not authorized and nor should you rely on the website for legal accounting, financial or tax advice of any kind. In no way are the owners of, or contributors to, the website responsible for the actions, decisions, or other behavior taken or not taken by you in reliance upon the website.
The information contained herein is designed to be as comprehensive and factual as possible. Switchere.com reserves the right, however, to make changes, at any time and without notice, to the content on the website. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
2. Translations
The website may contain translations of the English version of the content. These translations are provided only as a convenience. In the event of any conflict between the English language version and the translated version, the English language version shall take precedence.
3. Risks Related to the Use of Switchere.com
Switchere.com will not be responsible for any losses, damages or claims arising from events falling within the scope of the following:
mistakes made by the user of any Switchere.com-related software or service, e.g., forgotten passwords, payments sent to wrong or invalid addresses and accidental deletion of cryptocurrency wallets;
software problems of Switchere.com and/or any Switchere.com-related software or service, e.g., corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting Switchere.com and/or any Switchere.com-related software or service;
technical failures in the hardware of the registered user of any Switchere.com-related software or service, e.g., data loss due to a faulty or damaged storage device;
security problems experienced by the user of any Switchere.com-related software or service, e.g., unauthorized access to users’ wallets and/or accounts;
actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties.
4. Investments Risks
The price of cryptocurrencies can be highly volatile and the users of the Switchere.com website should expect prices to have wide range fluctuations. Purchases, exchanges and investments in cryptocurrencies can lead to loss of capital over short or even long periods. Please note that online exchange operations may not be appropriate for all users of the website. Anyone who is planning to exchange cryptocurrencies should consult a well-qualified, independent and professional financial advisor. The information published on the website cannot guarantee that platform users would not lose capital.
5. Compliance with Tax Obligations
The users of Switchere.com are solely responsible to determinate what, if any, taxes apply to their transactions. The owners of, or contributors to, Switchere.com are NOT responsible for determining the taxes that apply to transactions. Your use of the website as a result of or in connection with any purchase, grant, delivery, exercise, vesting, distribution, activation, holding, use, appreciation, conversion, sale, exchange, redemption, assignment, transfer, disposal, may attract taxes either now or in the future. Switchere.com may receive formal or informal queries, notices, requests, or summons from tax authorities and as a result the company may be required to furnish certain information about the website services. You must seek independent professional advice on the tax implications in relation to the use of the website and/or any other transactions for your particular situation.
6. No Warranties
Switchere.com is provided on an "as is" basis without any warranties of any kind regarding the website and/or any content, data, materials and/or services provided on the website.
7. Limitation of Liability
Unless otherwise required by law, in no event shall the OWNERS OF SWITCHERE.COM, ITS MANAGEMENT, EMPLOYEES OR ASSOCIATES be liable for any direct, indirect, special or consequential damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data arising out of or in any way connected with the use of the website.
Switchere.com will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with your:
use of, or inability to use, Switchere.com;
use of or reliance on any content displayed on Switchere.com.
We will not be liable for any loss or damage that you may suffer because of any abnormal or unforeseeable circumstances outside our reasonable control which would have been unavoidable despite all efforts to the contrary, for example, 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 or government, war, riot or terrorism, any act of God, the suspension of any market, postal or other strikes or similar industrial action or any prevention from or hindrance in obtaining any materials, energy or other supplies necessary for the performance of our obligations.
Switchere.com makes no explicit or implicit representations and takes no responsibility whatsoever regarding any third party websites, services or content that in any manner advertise or propagate our online exchange services. Switchere.com does not endorse any of the external website services or offerings made to you or any content provided therein, including opinions, advice, statements, prices, activities and advertisements, and you shall bear all risks associated with the use of such content. If you receive any misleading advertising from external websites, your further actions will be solely done on your behalf and at your own risk and you agree that Switchere.com will have no liability arising from your use of or access to any external websites. For the avoidance of doubt, Switchere.com does not provide any investment advice, recommendation, or guidance, neither in connection with any external websites that promote malevolent activities or otherwise. You further acknowledge and agree that Switchere.com shall not be responsible or liable, whether directly or indirectly, for any damages or loss caused or sustained by you, in connection with any use or reliance on information or material, including gambling promotions, payment for other products or services not related to the Switchere.com website, fraudulent or malevolent activities, obtained from third party sites. Any persons or companies that claim to represent Switchere.com are, unless officially recognized by Switchere.com, unofficial and do not represent the Switchere.com website and related services. In case of any suspicious or fraudulent advertising related to Switchere.com or our services, please immediately contact our anti-fraud department at
[email protected] Any decision to purchase or exchange any supported cryptocurrency on our website is your exclusive decision at your own risk and Switchere.com will not be liable for any loss incurred from reliance on information originating from third parties. You should consult your own legal and/or tax advisors concerning your specific financial situation. You understand and acknowledge that the Switchere.com assumes no responsibility or liability, in whole or in part, for any fraudulent activities or circumstances beyond the control of Switchere.com.
8. No Investment Advice
The information provided does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any content as such. We do not recommend that any crypto asset should be bought, sold, or held by you. Nothing on the Switchere.com website should be taken as an offer to buy, sell or hold crypto assets. Switchere.com shall not be held responsible for the decisions you make based on the information provided on the website.
9. Third Party Information Disclaimer
The Switchere.com website may contain various links to external website’s that are not created, maintained, or monitored by us. We do not guarantee the accuracy, relevance, timeliness, or completeness of any information on such external links. Switchere.com is a licensed virtual curency service provider that renders online crypto exchange services only. Switchere.com is not involved in promotion of other third party services or products or projects and never asks customers to pay for goods or services or invest in any asset or project or Initial Coin Offering (ICO) of any third party. Switchere.com shall under no circumstances be liable for any loss or expense incurred by you conditioned by your reliance on unsolicited information.
10. Fraud Alert
BEWARE OF SCAMS IMPLYING ASSOCIATION WITH THE SWITCHERE.COM. Neither Switchere.com nor our officials or customer care service never use any other contact methods except: Switchere.com website, email addresses ending with @switchere.com or phone numbers that are confirmed and available on the official Switchere.com website. We do not promote our services via unsolicited phone call or in an unsolicited email. Switchere.com shall under no circumstances be liable for any loss or expense incurred by you conditioned by your reliance on unsolicited information. If you have any suspicions regarding the phone call or email implying association with the Switchere.com, please contact us via the website contact form to clarify any issue.
11. Website Downtime and Maintenance
Switchere.com is determined that the website is working efficiently all the time. But Switchere.com does not take the obligation and is also not liable for the website being unavailable at some point of time due to technical issues that are not in our control.
12. Arbitration
If either you or we have any irresolvable dispute or claim concerning the services provided by this website, it will be decided under the expedited procedures that can only be resolved or adjudicated only by mandatory, final, binding arbitration in Hong Kong.
13. Services
Switchere.com does not offer any advisory or consulting services nor in investment or in taxation or legal issues. Switchere.com does not provide any ICO (Initial Coin Offering) or related services, does not produce any virtual (crypto) coin mining. Switchere.com is only an online exchange service provider that renders online fiat-to-cryptocurrency, cryptocurrency-to-fiat and cryptocurrency-to-cryptocurrency exchange services. You acknowledge that you enter into any transactions relying on your own judgment.
14. Indemnification
You agree to indemnify, defend and hold harmless Switchere.com and any other related or affiliated entities, in their individual capacities or otherwise, from and against any third party claims, liability, damages or costs (including reasonable attorneys' fees) arising from (a) your negligence; (b) any claim by a third party (“Third Party Claim”) alleging that your use of our services violates the rights of any third party, or violates any Law; (c) your failure to comply with the terms of this agreement; (d) your violation of any applicable Law; (e) your violation of any rights of a third party; or (f) your use of Switchere.com. Switchere.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Switchere.com.
15. Survival
The terms and conditions of Disclaimer and Consent apply while you are accessing the website and remain in effect indefinitely thereafter.
II. User Consent
1. You consent, represent, warrant and undertake that none of your user content will violate or infringe upon the rights of any third party, including Intellectual Property Rights (“IPR”); or contain libelous, defamatory or otherwise unlawful material. In addition, you undertake not to use any of Switchere.com services to:
harvest or collect email addresses or other financial, personal or contact information of other users registered at Switchere.com by electronic or other means for the purposes of sending unsolicited communications;
use automated scripts to collect information from or otherwise interact with any of Switchere.com;
upload, post, publish, display, transmit, share, store or otherwise make available on any of Switchere.com resources any information that we may deem to be misleading, harmful, threatening, unlawful, libelous, defamatory, infringing of any intellectual property rights, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
2. You are solely responsible for your user consent. You may not post, transmit, or share content on or through the Switchere.com website that you did not create or that you do not have permission to display, publish or post. You understand and agree that we may, but are not obligated to, review any of Switchere.com services and may delete or remove (without notice) any Switchere.com information or user content in our sole discretion, for any reason or no reason, including without limitation, user content that in our own absolute discretion violates any provision(s) of Switchere.com Terms of Use. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content.
3. You agree to indemnify and hold harmless each user, us, our subsidiaries and affiliates, and each of Switchere.com’s directors, officers, agents, contractors, partners and employees from and against any loss, liability, claim, demand, damages, costs and expenses.
4. You are solely responsible for your interactions with other Switchere.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
By registering as a user of Switchere.com, you consent to the terms of Disclaimer and Consent without any exclusions or reservations. Disclaimer and Consent is an integral part of Terms of Use you are to agree when registering on Switchere.com.
