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1. General Terms

Please read these Terms of Use (hereinafter referred to as “Terms”) carefully before using the Switchere.com website https://switchere.com/ (hereinafter referred to as “Switchere.com”, “Switchere”, “website”, “site”, “service”, “us”, “we” or “our”) operated by company INITIUM LIMITED with a registered address FLAT 2A1-A7, PAHSANG INDUSTRIAL BLDG., 16 SUN ON STREET, TUEN MUN, N.T, HONG KONG. INITIUM LIMITED is incorporated under the laws of Hong Kong and operates under the laws of Hong Kong. “User”, “you” and “your” refer to you, the natural person (individual) accessing the website, using our services through https://switchere.com/ and accepting these Terms. Your access to and use of the website is conditioned on your acceptance of and compliance with these Terms of Use.

2. Acceptance of Agreement

By using this website, you agree to be bound by this Terms of Use (hereinafter referred to as “Terms”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws, whether you are a visitor of the site or a registered member. Use of cryptocurrencies may be illegal in some jurisdictions and it is your responsibility to know the regulatory requirements concerning cryptocurrency transactions in your jurisdiction before using the services. The materials contained herein are protected by applicable copyright and trademark law. We may revise these Terms at any time by updating this page on our website and it is your responsibility to check back regularly for any updates to the Terms of this website. This agreement also constitutes the entire and sole agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website and the content, products or services provided by or through the website and the subject matter of this agreement. When you accept this agreement, you specify that you are at least 18 years old and are legally able to enter into a contract. By accepting, you agree to every provision of this agreement. If you do not agree to all of the Terms, do not access or use the website.

3. Amendments

We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without prior notice by posting the changes to these Terms of Use on https://switchere.com/terms-of-use. Your continued use of Switchere.com after any such changes constitutes your acceptance of the updated Terms of Use. It is your responsibility to regularly check the website to determine if there have been changes to these Terms of Use and to review such changes. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms. Switchere may assign/transfer/cede all or certain rights and/or obligation under these Terms of Use (including your accounts, balances, orders, assets, data etc.) to a third party (successor/assignee/cessionary) and you irrevocably agree with that. We will notify you in case such cession/transfer (assignment) will take place.

4. Description of Services

The website https://switchere.com/ operated by Switchere.com allows users to conveniently make online fiat-to-cryptocurrency, cryptocurrency-to-fiat and cryptocurrency-to-cryptocurrency exchange operations. Following your opening of an account on Switchere.com and completing the Basic Verification procedure, you will be able to exchange any supported fiat currency or cryptocurrency within your current exchange limit from us, in exchange for other supported cryptocurrencies or fiat currencies, namely USD, EUR or any other supported government-issued currency, that is designated as legal tender in its country of issuance through government regulation or law. After Switchere.com receives the specified amount of payment from you, we shall transfer the specified amount of the converted cryptocurrency to your cryptocurrency wallet address. The limits at which Switchere.com provides fiat-to-cryptocurrency, cryptocurrency-to-fiat and cryptocurrency-to-cryptocurrency exchange services shall be determined in accordance with Switchere.com’s Verification and Limits available at https://switchere.com/limits. You acknowledge and agree that it is at our sole discretion whether to provide you with our exchange services and/or reverse any of your transactions.

After registering on the Switchere.com website, the platform user is entitled to manage, update and use his/her personal account privately and confidentially without granting any access to any third-parties by means of remote control services (TeamViewer, AnyDesk, VPS, proxy, VPN, Tor, the same devices usage, etc.). In case of any relation is detected, Switchere.com reserves the right, after investigation, to temporarily suspend or terminate the user’s account without prior notice. Any and all disputes, claims and causes of action arising out of or related to the aforementioned issue shall be directed to [email protected] and shall be resolved solely and exclusively by Switchere.com.

Your cryptocurrency wallet is the cryptocurrency address that you provide to Switchere.com from time to time for the exchange services on our website. In no event shall Switchere.com operate your cryptocurrency wallet. By provisioning the cryptocurrency wallet address, you acknowledge the ownership of it. You are solely responsible for maintaining and controlling your cryptocurrency wallet. Make sure to keep secret the access credentials to your cryptocurrency wallet, otherwise you can permanently lose your crypto assets. Switchere.com has no liability for any operation or failure of your cryptocurrency wallet.

You hereby understand and agree that any price or rate of any supported cryptocurrency which appears on the website is accurate for that moment alone, due to the highly volatile nature of the price of cryptocurrencies and the period of time required for completing the transaction. If the exchange rate goes up or down by 5% after the user placed an order on the Switchere.com website, the final amount of the order will be recalculated in accordance with the actual exchange rate.

5. Eligibility Criteria

By registering to use a Switchere.com Account (as defined below), you represent and warrant that (a) you are at least 18 years old or of other legal age to form a binding contract under applicable law, (b) you are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms of Use, (c) you have not previously been suspended or removed from using our online services, (d) you do not currently have an existing Switchere.com Account and (e) you are not a resident of an Unsupported Country (“Unsupported Countries”). You may use the Switchere.com services only as permitted by law, including applicable local laws and regulations. These Terms of Use do not grant the right to use the exchange services on the Switchere.com website to the residents from Afghanistan, American Samoa, Bahamas, The Republic of Belarus, Bosnia and Herzegovina, Botswana, Crimea, Cuba, Democratic Republic of Congo, Ethiopia, Ghana, Guam, Guyana, Iran, Iraq, the Lao People's Democratic Republic, Libya, Myanmar, Nigeria, North Korea (DPRK), Pakistan, Panama, Puerto Rico, The Russian Federation, Samoa, Saudi Arabia, South Sudan, Sri Lanka, Sudan, Syria, Trinidad and Tobago, Tunisia, Uganda, US Virgin Islands, Vanuatu, Yemen and Zimbabwe (“Unsupported Countries”).

While initiating or making any exchange operation on Switchere.com, you expressly acknowledge and agree to be bound by the requirements adopted by a third-party payment processing service provider that processes any payment between you and the Switchere.com website. The list of Unsupported Countries for bank card processing sustained by the payment processing service provider includes, but is not limited to, Bangladesh, Belarus, Cuba, Iran, North Korea (DPRK), People’s Republic of China, the Russian Federation, South Sudan, Sudan.

You are allowed to use personalized and non-personalized bank cards issued to your name in order to make fiat-to-cryptocurrency and cryptocurrency-to-fiat exchange operations but it is strictly prohibited to use any bank cards issued to any third-party(ies) other than you. Likewise, you are expressly forbidden to use any third-party user accounts registered with such payment methods like SOFORT, SEPA or any other region-specific payment method supported on the Switchere.com website for fiat-to-cryptocurrency, cryptocurrency-to-cryptocurrency and cryptocurrency-to-fiat exchange operations available through the Switchere.com website. In case of violating these provisions, Switchere.com reserves the right to suspend and/or terminate the user’s account without prior notice or liability.

You agree not to use the Switchere.com services to perform criminal activity of any sort, including but not limited to illegal gambling operations, stolen coins, use of the Darknet market services, etc. No withdrawals and/or deposits or any other crypto-related operation are allowed to/from the addresses associated with gambling, stolen coins and/or Darknet market operations. If such suspicious activities related to the user’s account are detected, a transaction reversal will be carried out at the customer’s expense.

If you are entering into these Terms on behalf of a legal entity of which you are an employee or agent, you represent and warrant that you have all necessary rights and authority to bind such legal entity.

6. Account Registration

At registration, the user has to state an email address as a username and choose a secure password. By opening an account to use the services, you expressly represent and warrant that you:

• have the full capacity to accept and have accepted the terms and conditions of these Terms of Use and have full capacity to enter into a transaction involving cryptocurrencies;
• are a resident in an area that permits the use and exchange of cryptocurrencies;
• are not using the services on behalf of any third party.

You are solely responsible for maintaining the confidentiality of the information you hold for your registered Switchere.com account, inclusive of your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Switchere.com immediately of any unauthorized use of your account or password, or any other breach of security.

Only one person may use an account to access the Switchere.com services. Using multiple accounts for any malicious activity will result in immediate account termination. The administration of Switchere.com reserves the right to terminate any user account without prior notice. You can also register using your social network account. Any person whose account or access through which has been suspended or terminated by us or any person who has been banned or removed from any Switchere.com services may not access the services in any manner or for any reason, including through any other account. In compliance with AML/KYC Policy, Switchere.com reserves the right to refuse registration to persons from jurisdictions that do not meet international AML or KYC standards.

7. Verification

It is Switchere.com’s policy to prohibit and implement preventative measures against money laundering and any activity that facilitates terrorism financing or criminal activities. Switchere.com is subject to regulation of anti-money laundering (AML) and customer due diligence (CDD) policies as set out in all legislation as applicable.

Switchere.com reserves the right to carry out Switchere.com account-holder due diligence verification of registered users and their transactions. In the case of identifying suspicious transactions related to order payments made by a user on the Switchere.com website, the company has the right to request additional user verification. If the user declines to complete the verification procedure, the payment amount will be refunded to the user excluding the refund fee from the final order amount. Enhanced Switchere.com account-holder review may be carried out periodically at our sole discretion based on our ongoing risk assessment controls. Switchere.com will verify your identity through the documentary means and/or non-documentary means furnished by you to Switchere.com upon registering for a Switchere.com account. Switchere.com reserves the right to use non-documentary means where necessary to verify the true identity of the Switchere.com account-holder.

To fully complete all verification procedures on Switchere.com, the user has to comply with mandatory verification requirements according to AML/KYC Policy and state the following information:

• Personal email address.
• First name and last name.
• Date of birth.
• Gender.
• Country.
• City.
• State/province/region/district.
• ZIP/postal code.
• Citizenship.
• Scanned copies (front and back sides) of your government-issued proof of identity (national passport or international passport or driver license or national identity card), which contains user's first name and last name; date of birth; gender; place of birth; issuing country; user's photo; ID serial number and date of issue.
• A scanned copy(ies) of a valid proof of address document (a bank or payment card statement, utility or electricity bill, tax return, council tax or any other official document with current residential address, first name and last name and issued within the last 3 months.
• Scanned copies (front and back sides) of a payment (bank) card with a cardholder’s signature on the back side of the payment (bank) card.
• A “selfie” of a user holding a white piece of paper with the text “Switchere.com”, the current date and valid login information for accessing the Switchere.com website.
• A “selfie” of a user holding a white piece of paper with the text “Switchere.com” and the current date in one hand and holding a valid payment (bank) card (front side) in the other hand.
• A scanned copy(ies) of an official document for proof of income (bank statements (personal or business), pay stubs or tax returns).

Switchere.com accepts scanned copies of your documents only if all the information contained therein is provided with Latin transliteration.

In compliance with mandatory AML and KYC regulatory requirements, Switchere.com has devised and implemented the verification tiers, which govern the exchange limits at the Switchere.com website.
IMPORTANT! For the EU users, the account exchange limits for Basic Verification, Identity Verification and Address Verification tiers renew every month. However, for non-EU users, it is only the account exchange limit for Basic verification tier that renews monthly. Other verification tiers (Identity Verification and Address Verification) are non-renewable and once the user’s current exchange limit reached, it is necessary to complete the next verification tier in accordance with the cumulative spending limit system.

• To be eligible to use online exchange services rendered by Switchere.com, the user is obligated to complete initial verification of the user’s email address and pass the Basic verification procedure. Once it is done, the account exchange limit is set to renewable 150 EUR/150 USD (or any other fiat or cryptocurrency equivalent to this amount at the current exchange rate) monthly. Once the user’s current exchange limit reached, it will be automatically renewed to 150 EUR/150 USD monthly starting the first date of the successive month. If the platform user wants to exchange cryptocurrencies in the amount that exceeds his/her Basic Verification exchange limit, then it is necessary to complete the next verification stage to increase the current exchange limit.
• After completing the Identity Verification procedure, the user is authorized to make online exchanges on the Switchere.com website conditioned that the total account exchange limit cannot exceed the monthly 7 500 EUR/8 500 USD (or any other fiat or cryptocurrency equivalent to this amount at the current exchange rate) threshold.
• After successful verification of the user’s residential address, the user is authorized to make online exchanges on the Switchere.com website conditioned that the total account exchange limit cannot exceed the monthly 15 000 EUR/15 000 USD (or equivalent amount in any other fiat or cryptocurrency) threshold.
• After completing source of income verification, the user’s account exchange threshold becomes unlimited.

The exchange limits and verification tiers are being reviewed and updated throughout the entire period of customer lifecycle stages in connection with a particular user account. Switchere.com reserves the right to monitor the website accounts for activity involving unusual transaction sizes, volumes, patterns or types and Switchere.com may in its sole discretion conduct further investigations in this respect. Switchere.com may from time to time temporarily reject customers from some countries/territories. This can be because of legal issues or AML/KYC Policy or technical reasons or other temporary reason.

8. Loyalty Program

The Switchere Loyalty Program operates under the terms and conditions as set out below unless otherwise expressly stated (the “Program Rules”). The Program Rules govern the Switchere.com’s relationship with members of the Loyalty Program (collectively, “Loyalty Program Members,” and individually, a “Loyalty Program Member,” “Member,” or “you”), including how Members manage their accounts, level up, earn and redeem Loyalty Program’s Switchere Reward Points (“SWR”) — the reward unit of the Loyalty Program, which is equivalent to the Euro currency at 1:1 ratio (1 SWR = 1 EUR). Membership in the Loyalty Program is free and available to any individual who: (a) possesses the legal authority to agree to Terms of Use; (b) resides in a jurisdiction which legally permits participation in the Loyalty Program; (c) is not a resident of Afghanistan, American Samoa, Bahamas, Botswana, Ethiopia, Ghana, Guam, Iran, Iraq, Libya, Nigeria, North Korea (DPRK), Pakistan, Panama, Puerto Rico, Samoa, Saudi Arabia, Sri Lanka, Syria, Trinidad and Tobago, Tunisia, US Virgin Islands and Yemen (“Unsupported Countries”); (d) provides valid and accurate personal information and (e) is 18 years or older.

Members can earn SWR units while participating in ongoing promotional campaigns and Affiliate Program (Referral Rewards). In particular, a qualifying Affiliate is eligible to receive 30% commission of Referral Earnings to his/her Reward Balance on the Switchere.com website. All SWR earnings received by the Participant can be viewed and managed in the Reward Programs area. Minimum withdrawal amount is 10 SWR but the withdrawal can be made in crypto only (namely, any cryptocurrency supported on the Switchere.com website). When the Participant initiates a withdrawal request for SWR units, SWR-to-crypto conversion is done at the current exchange rate. In the course of advertising campaigns, special promotional actions and offers from Switchere.com, additional SWR units may be accrued by the Members. Switchere.com reserves the right to terminate the accrual of SWR, withhold any amount of SWR from the Participant’s Account or prohibit their redemption for any supported cryptocurrencies in case we have reasonable suspicions regarding fraud or other unlawful conduct with regard to Member’s participation in the Loyalty Program. SWR units are not and may not be payment means, any kind of currency or securities, but they can be converted to cryptocurrencies on Switchere.com and withdrawn at any time. You cannot sell or transfer SWR to other Loyalty Program Participants — they are meant for your personal use in your user account on the Switchere.com website only.

9. Account Deletion by User

You may request deletion of your user account on the Switchere.com website at any time by using the corresponding functionality in your account settings. Your request will be executed within 24 hours after its submission. No termination fee shall apply, except that you will be responsible for fulfilling any outstanding payment obligations to Switchere.com existing as of the effective date of account deletion and to settle any pending transactions. We reserve the right to suspend any pending transactions at the time of user’s request for account deletion. If the user has any successful orders made on the Switchere.com website and initiates his/her account deletion, then the user account will be blocked and all corresponding account information will be stored on our secure cryptographic servers within a 5-year period in accordance with regulatory compliance.

10. Non-Waiver

These Terms shall be governed and construed in accordance with the laws of Hong Kong without regard to its conflict of law provisions. Our failure to exercise or enforce any right shall not operate as a waiver of such right. Our waiver of a breach of these Terms of Use or Privacy Policy shall not waive any other provision or operate as a waiver of a subsequent breach of the same provision.

11. Links to Other Websites

Our services may contain links to third-party websites or services that are not owned or controlled by Switchere.com. Switchere.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

Switchere.com uses the third-party Google reCAPTCHA service to fight spam, abuse and bots on the Switchere.com website. The site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The information collected in connection with the customer's use of the reCAPTCHA service will be used for general security purposes.

You acknowledge and agree that Switchere.com 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 use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

12. Indemnification

You agree to defend, indemnify and hold harmless Switchere.com and its licensee and licensors, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the services, or b) a breach of these Terms.

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.

13. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SWITCHERE.COM OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SITE MATERIALS OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S OR ANY OF ITS PREDECESSORS’, SUCCESSORS’ PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID FOR USE OF THE SITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS. FOR THE AVOIDANCE OF DOUBT, WE BEAR NO RESPONSIBILITY FOR THIRD PARTY TRANSACTIONS. ANY CLAIMS REGARDING SUCH THIRD PARTY TRANSACTIONS SHALL BE DIRECTED TO THE RELEVANT THIRD PARTY ONLY.

14. Site Content

Unless otherwise indicated, all of the content displayed on Switchere.com, including, but not limited to, any and all text, graphics, data, images, illustrations, sound, video, audio, software, and the selection and arrangement of these items, are owned by Switchere.com or its licensors and protected by copyright, trademark, trade dress, or other intellectual property rights.

15. Copyright and Intellectual Property

© INITIUM LIMITED (FLAT 2A1-A7, PAHSANG INDUSTRIAL BLDG., 16 SUN ON STREET, TUEN MUN, N.T, HONG KONG). All rights, save as expressly granted, are reserved. Reproduction in any form of any part of the contents of this website without our prior written consent is prohibited unless for personal use only. The copyright in all materials provided on this web is held by Switchere.com or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission from us or the copyright owner. Permission is granted to download one copy of the materials on this Site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach these Terms. You may not “mirror” any material contained on this Site without our express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Switchere.com or its licensors and is protected by Hong Kong and international copyright laws. All rights not expressly granted are reserved.

Using our content does not give you ownership of any intellectual property (“IP”) rights in the content you access. You may not infringe the IP rights associated with any content. This does not restrict you from obtaining express permission from its owner or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos found in our content. Do not remove, obscure, or alter any legal notices displayed in or along with our content. Unless otherwise notified at the time of access and as referred to above, Switchere.com does not and cannot offer any license or use in the content you locate on our https://switchere.com/ or any of our databases.

16. Severability

If a provision of these Terms is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of these Terms or any additional agreements will not be impaired.

17. Risks

Switchere.com shall not be responsible for any damage or loss incurred by you as a result of using the services. By accepting the Terms of Use, you acknowledge that you have fully read and understood and are aware of the possible risks involved.

You acknowledge that online fiat-to-cryptocurrency, cryptocurrency-to-fiat and cryptocurrency-to-cryptocurrency exchange services carry significant risk. Prices can fluctuate on any given day. Due to price fluctuations, any related cryptocurrency may gain or lose value at any time.

In the event the platform user cancels his/her submitted Single European Payment Area (SEPA) or SOFORT purchase order after having sent the corresponding amount to the specified Beneficiary address but prior to order execution, the funds will be sent back to their original source. The transfer will be executed at the expense of the client and the relevant network fees will be deducted from the total amount due with respect to your SEPA or SOFORT purchase order.

In case the platform user submits his SEPA or SOFORT purchase order on the Switchere.com website, sends the corresponding amount to the specified Beneficiary address but the order processing cannot be accomplished due to detected suspicious activity on the user’s side, such orders will be canceled and the funds will be sent back to their original source. The transfer will be executed at the expense of the client and the relevant network fees will be deducted from the total amount due with respect to your SEPA or SOFORT purchase order.

You acknowledge and agree that Switchere.com does not act as a financial advisor, does not provide investment advice services and/or any communication between you and Switchere.com cannot be considered as an investment advice. You represent that you have been solely responsible for making your own independent appraisal and investigations into the risks of the transaction. We give you no warranty as to the suitability of the services and assume no fiduciary duty in our relations with you.

18. Chargeback Policy

This Chargeback Policy sets forth the standards and procedures for review and approval of chargeback requests initiated by the user. Any charges, which arise upon processing chargeback requests, shall be borne solely by the user and will be deducted from the user’s account balance (if there are any cryptocurrency or fiat funds stored in the user’s account balance) in the amount equivalent of €60 at the current exchange rate. Switchere.com reserves the right to suspend and/or terminate the user's account and lock the user’s funds on his/her account balance in case the latter initiates chargeback requests with regard to all successful orders (buy, sell or swap operations) made on the Switchere.com website. Switchere.com shall notify the user by e-mail on the user’s account suspension and/or termination.

19. No Refund Policy

Unless otherwise specified, all exchange operations made by platform users on the Switchere.com website are final and non-refundable.

20. Disclaimer of Warranties

THE WEBSITE AND ALL SITE MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

21. Dispute Resolution

Both Switchere.com and the user agree that any disputes arising between the two parties shall be initially attempted to be resolved by contacting the other party. In such cases, the user shall contact Switchere.com by sending an email to [email protected], and Switchere.com shall contact the user via the email that was used for registration or any other information that the user provided in his/her account.

Upon any dispute or claim arising under the terms, obligations, or promises under these Terms or any additional agreements, you agree to work with Switchere.com to resolve the dispute privately to reach the relevant resolution. If the relevant resolution is not reached, user transacting on Switchere.com as an entrepreneur in the course of his business activity agree to work with us through mediation with a mutually agreed mediator. If mediation fails to produce a mutually agreeable outcome, then the arbitration shall be done. The arbitration will be performed under the rules adopted by the Hong Kong Court of Commercial Arbitration (VCCA) at the time a claim is filed with an arbitrator. The arbitration will take place in Hong Kong Court of Commercial Arbitration. An arbitration judgment may be entered into and enforced by a court of competent jurisdiction, which judgment may include the costs and attorneys’ fees for the prevailing party at arbitration.

If you are a consumer in the meaning of the EU Consumer Rights Directive, you always have an absolute right to court in case of inability to reach a dispute resolution in other way. Such claims/lawsuits shall be settled under the laws of Hong Kong.

These Terms and any relations that arise under these Terms including any litigation shall be governed in accordance with the laws of Hong Kong without regard to its conflict of law provisions.