Terms and Conditions

Terms and Conditions

This is an agreement between you and Shiftal OÜ. This website and its related services are owned and operated by Shiftal OÜ. By signing up to use an account through shiftal.com, or any associated websites, APIs, or mobile applications (collectively the "Shiftal Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement as well as Shiftal.com Privacy Policy.

These Terms of Service ("Agreement") form a legal agreement covering the provision of services ("service" or "services") provided by Shiftal OÜ ("Shiftal.com" or "Shiftal" or "us" or "our" or "we" or "Shiftal OÜ") to you as an individual ("you" or "your" or "user”). Your use of the services will be governed by this Agreement, along with the Shiftal.com Privacy Policy. Please read through this agreement and Privacy Policy before accepting them. Your access to and use of the service is conditioned on your acceptance of your compliance with these terms and the Privacy Policy.

Registration of account

Before you can register an account, you must accept our Terms of Service and Privacy Policy. By accepting this Agreement or by using the Service, you expressly acknowledge and agree that you are entering into a legal agreement with Shiftal, and have understood and agree to comply with, and be legally bound by, this Agreement. Your access to and use of the service is conditioned on your acceptance of your compliance with these terms and the Privacy Policy.

To use our services, or to access this site or some of the resources it has to offer, you may be asked to provide registration details in order to register a user account ("User Account" or "account"). It is a condition of use of this site and our services that all the details you provide are correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the site, or any of its resources, and to terminate or suspend your account.

To be eligible to use our services and to agree on terms, you must be of Legal age. You may only use your own account at Shiftal.com and you may only have one account registered. You may only act on your own behalf. You may not use your account to act as an intermediary or broker for any person or entity. You are not allowed to sell, borrow, share or otherwise make available your account or any detail necessary to access your account to people or entities other than yourself.

You are responsible for maintaining adequate security and control of any and all usernames, passwords, two-factor authentication codes or any other codes or credentials that you use to access the services.

Your account must not contain misleading or fraudulent information, including, but not limited to having a non-personal phone number. Creating fake reputation information for your account, faking your country of origin or providing fraudulent identification documents is prohibited.

You hereby authorize and give consent to us to call or message or email you through any third-party service providers to inform/ alert regarding the update related to Shiftal. You further confirm that by sending any of such message/ calls/ emails, you will not hold Shiftal, its third-party service provider liable / institute complaint under the Telecom Commercial Communication Customer Preference (TRAI) regulation, 2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time.

Identity Verification

In order to ensure Shiftal remains a safe platform for all of our customers we may require you to verify your identity to access part of the services we offer. Identity verification may be required when you create advertisements, pass certain trade volume limits, during trade disputes, fraud investigations, and while ensuring account ownership. As part of our ID verification process, we require you to provide us with your full name as well as documents and photographs that verify your identity.

In certain situations, we may require enhanced identity verification. This may include requirements to verify details or sources of funds regarding payments you have made or received during trades on Shiftal as well as bitcoin transactions that you’ve sent or received from your Shiftal account.

Security

You are responsible for keeping your account secure while you use our service. We offer tools such as two-factor authentication to help you maintain your account’s security but the content of your account and its security are up to you.

You are responsible for all activity that occurs under your account (even when the activity is done by others who have accounts under your account). The activity includes everything but not limited to deposit, withdrawal, trading, buy or sell order, etc.

You are responsible for maintaining the security of your account and password. Shiftal cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will promptly notify Shiftal if you become aware of any unauthorized use of, or access to, our service through your account, including any unauthorized use of your password or account.

You accept and acknowledge the various risks inherent to using Digital Currency including but not limited to hardware failure, software issues, internet connection failure, malicious software, third party interference leading to access to your wallet and other user data. You accept and acknowledge that Shiftal will not be responsible for any communication failures, disruptions, errors, distortions or delays which you may experience when using the services.

You accept and acknowledge that there are risks associated with utilizing any Digital Currency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol. You acknowledge and accept that Shiftal has no control over any cryptocurrency network and will not be responsible for any harm occurring as a result of such risks.

Risk, Warranties and Liability

This site and the services are provided on an “as is” and “as available” basis for your information and use without any representation or endorsement. To the maximum extent permitted by applicable law, we make no warranties of any kind, whether express or implied, in relation to the site or the services, including but not limited to, implied warranties of satisfactory quality, functionality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.

Shiftal OÜ or Shiftal.com or Shiftal is not associated with or does not itself support or claim to be in partnership with any of the payment methods, services or companies which may appear visible in the Online Payment method lists or advertisement details. Also, services provided by Shiftal are not authorized, approved, endorsed or sponsored by any of the payment methods listed on the website or their respective trademark owners. Payment method listings are visible on Shiftal for informative purposes only

Shiftal is not responsible for any user-generated content on its site including but not limited to messages, feedbacks or advertisements but may remove or modify said content without notice or liability at any time in its sole discretion

This site may contain links to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Shiftal, and you acknowledge that (whether or not such sites are affiliated in any way with Shiftal) Shiftal is not responsible for the accuracy, legality, decency, or any other aspect of the content of such sites.

Shiftal reserves the right to modify or discontinue, temporarily or permanently, all or any part of this site and/or any software, facilities and services on this site, with or without notice, and/or to establish general guidelines and limitations on their use.

We make no warranty that the Website or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the Website.

We will use reasonable endeavours to verify the accuracy of any information on the Website but we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Website, information, and functions made accessible through the Website, any hyperlinks to third party websites, or the security associated with the transmission of information through the Website or any website linked to by the Website.

We will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of our Services, including but not limited to any losses, damages or claims arising from:

  • User error such as forgotten passwords, incorrectly constructed transactions, or mistyped Digital Currency addresses;
  • Server failure or data loss
  • Corrupted Wallet files
  • Unauthorized access to applications
  • Any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Website or Services
  • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
  • Any loss of goodwill or reputation
  • Any special or indirect or consequential losses, howsoever arising

In any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. Without limitation, you (and not us) assume the entire cost of all necessary servicing, repair or correction or correction in the event of any such loss or damage arising.

In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Nothing in these Terms of Service shall exclude or limit our liability based on wilful conduct or gross negligence.

Notwithstanding any other provision in these Terms of Service, nothing shall limit your rights as a consumer under mandatory provisions of applicable consumer protection legislation.

Indemnity

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs, and expenses, including legal fees, suffered by us and arising out of or related to any breach of this Agreement by you or any other liabilities incurred by us arising out of your use of the services, or use by any other person accessing the services using your user account, device or internet access account; or your violation of any law or rights of any third party.

Termination

We may terminate or suspend your account and/or your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease and your access to funds will depend on the reason for termination. We hold the right to retain your funds if we have evidence of malicious behaviour or failure to comply with the User Agreement. If you wish to terminate your account, you may simply discontinue using the Service.

Privacy Notice

We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security.

Please view our official privacy notice document: Privacy Policy

Fees and Pricing

The services are provided to you against fees determined on a per transaction and/or per trade basis in accordance with the prices and pricing principles set out on our website. Such fees may include fees for incoming and outgoing transactions, percentage-based fees for trades completed, and percentage-based fees for merchant invoicing services deducted from the paid invoice amount.

Unless otherwise specified fees are automatically deducted from your Shiftal wallet balance or deposit at the time when the service is rendered or completed.

Allowed Jurisdiction’s

To use services provided by Shiftal you may need to fulfil certain legal obligations in your country and/or state of residence. By accepting these terms and service you confirm that you have reviewed your local laws and regulations and that you are aware of, and fulfil, any and all such obligations.

Shiftal does not offer the use of its services in certain jurisdictions, by accepting these terms of service you confirm that you are not a resident or governed by the laws of such jurisdictions.

Intellectual Property Rights

You acknowledge and agree that all copyrights, trademarks and all other intellectual property rights in and related to this site and our services are exclusively the property of Shiftal and our licensors. We grant you a revocable, non-exclusive, non-sublicensable, non-transferable and limited license, subject to the terms of this Agreement, to access and use our site and service, as well as related content, materials and information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Content is expressly prohibited and you agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

General 2

We may transfer or assign our rights and duties under this Agreement to any party at any time without notice to you, but this will not affect your rights or our obligations under this Agreement. You may not, however, transfer or assign any of your rights and duties under this Agreement to any other party.

We reserve the right to change these Terms at any time, in our sole discretion. Any such changes in respect of your use of the Services will take effect when posted on the Website. It is your responsibility to read the Terms carefully on each occasion you use the Services. Your continued use of the Services shall signify your acceptance to be bound by the current Terms. Failure or delay by Shiftal in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any rights or provision. You can terminate this Agreement at any time by concluding any outstanding trades and other obligations, withdrawing any remaining balances and deleting your account.

This Agreement (as amended from time to time) contains the entire agreement and understanding between us in respect of all matters which are referred to herein and supersedes any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of this Agreement. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of this Agreement. However, nothing in this Agreement purports to exclude liability for any fraudulent statement or act.

If any part of provision this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the Agreement.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New Delhi, India, without regard to its conflict of law provisions.

You agree that this Agreement and any dispute between you and us shall be governed in all respects by the laws of India, and you unconditionally submit to the non-exclusive jurisdiction of the courts of New Delhi, India.

The services are offered by us from India. We make no representations that the services are appropriate or available for use in any specific country. Users of Shiftal.com are themselves responsible for making sure they are in compliance with the legislation of the jurisdiction they operate and reside in. If your local laws do not permit you to use the services provided by Shiftal, you may not access this website.

Contacting Us

If you have any questions about this Agreement or Privacy Policy, please contact us atsupport@shiftal.com or via the contact us form.