Terms & Conditions
Terms & Conditions
By using the LetKnow website and services, users agree to the Terms & Conditions of LetKnow OÜ
1. Introduction
Before using the LetKnow Services, you should be aware that the risk of loss in trading or holding virtual currency is substantial and that the value of digital assets is subject to extreme volatility. You should therefore carefully consider whether trading or holding virtual currency is suitable for you in light of your financial condition.
By using the Client Account and LetKnow Services, you agree to comply with these terms of use. Please check this page each time you use our website, as we may update these terms from time to time. The use of certain LetKnow Services may be subject to additional terms and conditions which you will be asked to read and accept at the relevant time. To the extent of any inconsistency with these terms, the terms of those LetKnow Services will apply to those Services and any matters connected with them. These terms, together with any additional terms and conditions, set out the basis of which LetKnow provides access to the LetKnow Services.
Please read these terms carefully and ensure that you fully understand them, especially with respect to the provisions that exclude or limit our liability and exclude or limit your rights and interests. You are only entitled to use LetKnow Services after you accept these Terms. If you do not agree to these terms, or refuse to recognise LetKnow’s right to make amendments to these terms from time to time, you shall promptly stop using and cease access to the LetKnow Services. References to any additional terms, policies, articles, clauses or schedules, unless the context otherwise requires, are reference to such documents as modified or replaced from time to time.
You should also be aware that LetKnow OÜ is a company incorporated in Estonia and it is not regulated by the Estonian Financial Supervision Authority (“EFSA”). LetKnow has obtained licensing from the Estonian Financial Intelligence Unit (the “FIU”) for the purposes of providing digital currency to fiat exchange services (license no. FVR000334) and digital currency wallet services (license no. FVK000277).
2. General Terms
The LetKnow.com, pay.letknow.org, pay.letknow.com/en/login and/or LetKnow.News websites (the “Website”) and the LetKnow App and/or LetKnow Pay App and/or LetKnow Wallet and/or LetKnow Trade and/or LetKnow Exchange and/or LetKnow Pay (together “LetKnow Services”) managed under a single Client Account (CA) are owned and operated by LetKnow OÜ (“Operator”), a company incorporated with limited liability in the Republic of Estonia with company number 14494307 and registered address at Viru väljak 2, Tallinn 10111, Estonia.
Each reference in these terms of use to “Client Account” and “LetKnow Pay” service includes all materials that Operator makes available to User on Operator website. The LetKnow Pay Service consists of collection, processing, exchange of virtual currency and storage of funds. For this scope of use, the Operator makes a Client Account available. The Client Account includes gateway set up services, managing funds, manual currency exchange, clearing & settlement, data processing, reporting, and compliance services.
LetKnow Pay is also referred in this document as “Payment Processing Gateway” and/or “Payment Page”.
2.1 Scope of applicability
These Terms and Conditions (T&Cs) apply to the usage of the LetKnow Pay services and the Client Accounts owned or run by the Operator.
Depending on the User’s jurisdiction, Users may not be able to use all the functions of the Client Account. It is the User’s responsibility to follow those rules and laws in the User’s country of residence and/or country from which the User accesses the Operator’s site and services.
2.2 Affected Stakeholders
Operator: LetKnow OÜ (“Operator”) operating LetKnow Pay.
Merchant: Merchant means any holder of a Client Account (CA) verified by the Operator. Merchant is the payee utilizing the Operator´s Payment Processing Gateway (which is an integral part of the CA) to receive deposits originated from selling/offering goods and/or services. For the avoidance of doubt, Merchant is a vendor, seller, creditor or payee offering goods and/or services to customers. Merchant may be a small to mid-sized business (SMB) or a large e-commerce enterprise qualifying as a B2B-customer of the Operator. The Operator maintains an ongoing business relationship with Merchant.
Customer: Customer means any retail customer of Merchant (= consumer, online shopper, end-user, buyer, debtor, payer) initiating a payment transaction. The Operator does NOT have any contractual agreement with Customer. The relationship of Customer and the Operator is indirect (via Merchant) and of sporadic nature. Customer has a contractual agreement with Merchant whereby Customer and Merchant agree independently on the applicable jurisdiction of the underlying sales transaction for goods and/or services rendered. The purpose of the related payment transactions is unique to using the Payment Processing Gateway provided by the Operator on behalf of Merchant with regards to obtaining goods and/or services. Operator does not buy/sell the virtual currency for Customer on behalf of the Merchant. The Operator is a pure intermediary between Merchant and its Customer, and the Operator takes no responsibility for the goods and/or services obtained by the Customer from Merchant. As all the risk associated with the payment transaction (Customer to Merchant) is purely the responsibility of Customer themselves, all Customers should make sure they aware of the Merchant risks. Moreover, the Operator does not guarantee on behalf of the Merchant the quality of goods and/or services rendered and/or its good faith. It is purely the responsibility of the Customer to make sure that they choose the right Merchant to obtain the goods and/or services needed and that the Customer is well aware of the risks involved.
2.3 Stakeholder Specifics
Payee: Merchant receiving funds originating from the selling/offering of goods and services is the Payee. The Operator has a contractual agreement with Merchant for payment processing, collection of funds, currency exchange, clearing & settlement, data processing, reporting, and compliance services. The Operator collects and exchanges (optional) funds that arrive to Merchant’s CA.
Payer: Payer sends funds for goods and/or services of Merchant by sending virtual currency through the Payment Page of the Operator. Payer is NOT a Customer or contracting party of the Operator. The Payer may become a Customer or contracting party of the Operator if they register for CA.
Contracting Party: A legal entity or individual client or customer who has a direct contractual relationship with the Operator. The Contracting Party registering with the Operator for Payment Processing Service is hereinafter referred to as the Merchant.
2.4 Merchant Account Types
Client Account (CA): An account type held by Merchant. The Operator provides a dashboard, wallet for collection & settlement to Merchant for the purpose of accepting virtual currency payments/deposits from Customer.
2.5 User Types
User(s): Any visitor of the site. Any person with a registered Client Account. Any person using the services offered by the Operator through contracting with Merchant.
3. Scope of Business
3.1 Client Account Primary Services: Providing Collection Services
The Client Account (CA) provided by the Operator comes with a hosted payment page, and/or API-driven Merchant-side payment checkout solution. For this purpose, Merchant shall be assigned a CA.
Merchant can use the CA to establish a payment page that allows others to easily send virtual currency to the CA with the help of the Operator. Merchant’s payment page may be hosted with the Operator or be self-hosted by Merchant utilizing the Operator’s API-technology. Merchant may establish and customize a payment page through the CA settings or by directly contacting a LetKnow representative at support@letknow.com, who can provide assistance for establishing a User handle and associated payment page URLs; and providing short descriptions.
If the Operator performs services, the first payment cannot occur until Merchant has successfully completed the integration, passed the AML/KYC check, and after the signing of the Service Level Agreement (SLA) by both contracting parties at the earliest.
3.2 Client Account Add-On Service: Exchange Service
The Exchange Service is an integral component of the CA. It allows for converting virtual currency against a fiat currency. When buying or selling virtual currency through the Exchange Service, User is buying from, or selling to, the Operator directly. The Operator does NOT act as an intermediary or marketplace between other buyers and sellers of virtual currency. The Operator sources the liquidity from partner exchanges.
The Operator offers its optional Exchange Service as a conversion tool to Merchant that has successfully linked an RMA to their CA. The Exchange Service allows Merchant to designate the price of its goods and services in legal tender (e.g., EUR) and Customer to send funds for their purchases/deposits from such Merchant in virtual currency based on the price quoted by the Operator. The quoted price feed provides virtual currency conversion rates. In connection with the Exchange Service, Merchant, as the Payee of record for each transaction, shall accept virtual currency through its corresponding CA, and/or instantly sell such virtual currency to the Operator using the Exchange Service, and subsequently receive the proceeds from such virtual currency sale transaction from the Operator in the relevant fiat currency.
Merchant is a Contracting Party initiating financial transactions (converting virtual currency into fiat currency and not Customer sending/paying Merchant in fiat currency) by using the exchange service of the Operator. The purposes of the currency conversion services relate to the acquisition/consumption of goods and/or services in the context of bill payments using virtual currency as a payment method.
3.3 Client Account Add-On Service: Quotation Services
The Operator´s quoted price feed is labelled as the “Exchange Rate” (ER) and is available through the Operator’s site. The ER is displayed to Customer on the payment page. The Exchange Service is subject to the Operator’s ER, which is the liquidity-adjusted price of a given virtual currency amount in terms of fiat currency as quoted on the Operator’s site. The ER is stated as a sell price, the price in terms of fiat currency at which the Customer pays for goods and/or services using virtual currency through the Operator providing Payment Page. For the purpose of any transaction incorporating the ER, the User agrees, as a condition of using any of the Operator’s services, to accept the ER published by the Operator.
The Operator will provide the provisional ER and payment instructions to Customer. The Operator guarantees the exchange rate to Merchant only when the virtual currency is received from Customer to Merchant’s wallet address followed by the confirmed exchange rate. Customer and Merchant both accept that the speed of transaction from Customer to Merchant varies on the type of virtual currency and its blockchain network.
By using this service, Customer agrees and accepts the virtual currency volatility risk involved between the provisional and confirmed exchange rates.
By using this service, User agrees that regardless of any change in the price of virtual currency between the time of provisional exchange rate and confirmed exchange rate, Merchant will receive the fixed purchase price as designated in fiat currency at the time when funds are deposited to Merchant’s CA only and exchanged to a fiat currency.
3.4 Provisional and Confirmed Exchange Rate
Operator will provide the provisional Exchange Rate (ER) and payment instructions to Customer. Once the virtual currency is received and credited to a Merchant CA, the Operator makes an exchange (if Merchant settlement preference is fiat currency) at the available Operator ER, and settles the fiat currency to Merchant. When the Operator makes an exchange of virtual currency, the Operator sends an email notification to Customer with confirmed quote, amount exchanged, amount received by Merchant in fiat currency and status of the transaction.
3.5 Client Account Add-On Service: Wallet
The Operator provides Users access to and use of a number of digital wallets for the purposes of storing, tracking, transferring, managing and trading balances of supported virtual currencies as well as certain types of funds as specified by LetKnow from time to time.
Before transferring virtual currency into their LetKnow digital wallets, User must ensure that the virtual currencies in question are supported by the LetKnow digital wallets. User should not use the LetKnow digital wallets to store unsupported virtual currencies or funds and doing so may result in the forfeiture of User virtual currencies. LetKnow does not take any responsibility for any attempted use or storage of unsupported virtual currency in a LetKnow digital wallet.
LetKnow does not own or control the underlying software protocols which govern the operation of virtual currency. Generally, the underlying protocols are open source and anyone can use, copy, modify and distribute them. LetKnow assumes no responsibility for the operation of the underlying protocols and LetKnow is not able to guarantee either the accuracy of the information provided or the functionality, security, legality or availability of the underlying protocols. User acknowledges and accepts the risk that underlying software protocols relating to any virtual currency User stores in any LetKnow Services may change.
Users may withdraw virtual currency from their LetKnow digital wallet by transferring them to an external virtual currency wallet. The withdrawal of virtual currency may be subject to periodic withdrawal limits.
4. General Conditions
4.1 Registration
Merchant is required to register a CA with Operator in order to start accepting payments.
For natural persons intending to register a CA as a private user, User certifies that they are 18 years of age or older, the User has sufficient capacity to understand and accept these terms and that the User’s access to or use of the LetKnow Services does not violate any laws applicable to the User.
For legal persons intending to register a CA as an institutional user, the User must designate a representative who is a natural person aged 18 years of age or older with sufficient capacity and authority to accept these terms. User certifies that they or their institution’s access to or use of the LetKnow Services does not violate any laws applicable to the User or their institution.
User certifies that the information they have provided to the Operator, including during registration and during the KYC process, is accurate and complete. User acknowledges that it is their responsibility to update and maintain any changes to that information by altering and updating their details as appropriate.
Each CA is for a single user only, unless otherwise advised to the User by the Operator in writing. Upon registration, the User is required to enter an e-mail address and a password. User will not allow any other person to share their e-mail address and/or password or otherwise provide any other person access to LetKnow Services via their CA.
User will be obliged to check a box indicating that they have read, understood and accepted these terms as well as the terms of the LetKnow Privacy Policy. User will not be allowed to complete their registration unless they indicate their acceptance to these Terms and Conditions, as well as the Operator Privacy Policy and any other terms and conditions that may apply.
User agrees that these terms govern their use of the LetKnow Services, including the LetKnow Pay and Client Account in particular, and that the use of other LetKnow Services may be subject to additional terms to be determined by the Operator from time to time.
Operator reserves the right to, at its sole discretion, refuse to register a CA for a User.
4.2 Anti-Money Laundering and Sanctions
Upon registration, Operator will conduct a user identification verification process to the extent required to comply with all applicable anti-money laundering, sanctions and other relevant related regulations. User’s use of the LetKnow Services is conditional on the successful completion of this process. Where appropriate, Operator may ask User to provide additional personal information to determine their eligibility to use the LetKnow Services. Operator may ask the User to wait for some time after the completion of a transaction before permitting them to use the LetKnow Services and/or permitting them to engage in transactions beyond certain volume limits.
User authorises Operator to make inquiries, whether directly or through third parties, that Operator considers necessary to verify User identity or protect either User or Operator against fraud or other financial crime, and to take actions Operator reasonably deems necessary based on the results of such inquiries. When Operator carries out these inquiries, User acknowledges and agrees that their personal information may be disclosed to credit reference, fraud prevention or financial crime agencies and that these agencies may respond to Operator inquiries in full. This is only an identity check and should not have any adverse effect on User credit rating.
User warrants that they will not use the LetKnow Services to hold or trade in funds or digital assets which they know or suspect to be in violation of anti-money laundering laws, sanctions or other relevant related regulations. These include, but are not limited to, supplying the LetKnow Services or virtual currency to individuals or countries subject to any financial sanction regimes. In the event that User receives any funds or virtual currency from other users in the course of their use of the LetKnow Services which they know or suspect to contravene applicable anti-money laundering laws, sanctions and other relevant related regulations, User warrants that they will immediately notify Operator by e-mail at compliance@LetKnow.com by including all relevant details and further warrants that User will not transfer any such funds or digital assets out of their CA or any other digital asset wallet under User control without Operator’s written permission.
4.3 Know Your Transaction (KYT)
The Operator runs the blockchain monitoring tool on every virtual currency transaction. Meaning, every single transaction received by the Merchant will be screened against the Payer’s virtual currency address. The Operator has all the rights to suspend a transaction of the Merchant if the Payer’s virtual currency address shows medium to high risk indicated by the blockchain monitoring tool. The Operator has a right to freeze the incoming transaction until further notice and request the Customer of the Merchant to undergo the mandatory AML/KYC-procedures in compliance with Operator policies.
4.4 Security
User is responsible for maintaining adequate security and control of their CA details, including any and all usernames and e-mail addresses, passwords, two-factor authentication codes or any other codes or credentials used to access the services.
Operator recognises instructions provided via the User’s CA. Therefore, User acknowledges that all instructions provided via their CA will be treated as having been provided by User and they will bear any and all responsibilities arising from these instructions. In the event that another person has provided instructions on the LetKnow Services via User’s CA, the Operator reserves the right to hold User jointly and severally liable in law for any such use of the User’s CA.
Operator uses reasonable endeavours to protect the LetKnow Services from computer viruses, worms, trojan horses and other malware. Operator does not warrant that the LetKnow Services are free from such viruses and accepts no liability for any damage that may result from the transmission of any malware via the LetKnow Services or via any files which are available for User to download from the Operator Website. Operator is not responsible for any technical or other issues in using the LetKnow Services caused by third party software on User system.
User is required to notify Operator as soon as practicable of any breach of security by sending an e-mail to compliance@LetKnow.com with the subject line “Security breach” and including all details relevant to the breach.
User is required to take all reasonable steps required to minimise the impact of any security breaches, including, where appropriate, by immediately changing the login details for their CA.
Operator does not take any responsibility for losses caused by security breaches.
Operator takes all reasonable measures to keep the information Users have provided and the virtual currency stored in the User CA. However, in the event of any security breach by Operator, we endeavour to contact User by e-mail informing them of the details of the breach including the nature of any information compromised as appropriate and the steps we will be taking to address the breach within 72 hours of the discovery of the security breach. In the event of any security breach on a large scale, Operator will endeavour to contact User with the full details of the breach as soon as this information becomes available.
5. Responsibilities Acknowledgment
User acknowledges and agrees that the Operator has no control over, or liability for, the delivery, quality, safety, or any other aspect of any goods or services that a Merchant may sell/offer to the Customer using the Operator’s services. Each Merchant is responsible for handling inquiries from the Customer related to the goods and/or services it sells to the Customer through the LetKnow Services; except for inquiries related to payment for such goods and/or services, which will be handled by the Operator.
6. No Warranties
OPERATOR PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND USER’S USE OF THE SERVICES IS AT THEIR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPERATOR PROVIDES THE SERVICES WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). WITHOUT LIMITING THE FOREGOING, OPERATOR DOES NOT WARRANT THAT THE SERVICES (AND WEBSITE): WILL OPERATE ERROR-FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; WILL MEET USER REQUIREMENTS OR WILL BE AVAILABLE, UNINTERRUPTED OR SECURE AT ANY PARTICULAR TIME OR LOCATION; ARE FREE FROM VIRUSES OR OTHER HARMFUL CONTENT. OPERATOR DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE LETKNOW SERVICES OR WEBSITE, AND OPERATOR WILL NOT BE A PARTY TO NOR MONITOR ANY INTERACTIONS BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. Limitation of Liabilities
IN NO EVENT WILL OPERATOR BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT OPERATOR KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED. IN NO EVENT WILL OPERATOR BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE LETKNOW SERVICES, CLIENT ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN. IN NO EVENT WILL OPERATOR’S LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THE LETKNOW SERVICES EXCEED THE FEES EARNED BY OPERATOR IN CONNECTION WITH THE USER’S USE OF THE SERVICES DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8. Data Protection
Operator manages any personal information that they collect through their website and/or LetKnow Services in accordance with Operator Privacy Policy.
User confirms that they have read and agreed to the terms of the Operator Privacy Policy.
9. Cancelling Orders and Restricting or Terminating User Access
9.1.1
Operator reasonably believes that the usage of the User CA is in violation of any applicable law, these terms and conditions or any other terms or policies as set out by Operator or their User’s legitimate interests;
9.1.2
It becomes or may become (in Operator reasonable opinion) contrary to applicable law for Operator to maintain or give effect to all or any of the obligations under these terms or otherwise provide access to the CA;
9.1.3
Operator is requested to remove a listing (or any part thereof) by any regulatory or other governmental authority (whether or not the request is legally binding);
9.1.4
Operator is requested to close out or cancel any order (or any part thereof) by any regulatory or other governmental authority (whether or not the request is legally binding);
9.1.5
Operator considers it desirable or necessary to remove a listing or an order (or any part thereof) to maintain the trading order and trading safety of the CA, in Operator’s sole and absolute discretion; or
9.1.6
in the event that User becomes unable to meet their obligations as they become due or have a bankruptcy petition presented against User or they propose a form of composition or arrangement to its creditors or if User ceases (or threatens to cease) all or part of its business,
Operator may without notice:
9.1.7
terminate, cancel or reverse any order created or entered into by User;
9.1.8
restrict or freeze User CA and any of their funds, digital assets or related payment transactions;
9.1.9
immediately delete and/or amend any information published by User on the CA, where relevant, in violation of any applicable law and / or of these terms, in addition to monitoring any other information which User publishes on the LetKnow Services;
9.1.10
restrict, freeze or terminate User access to the CA; and or
9.1.11
take any other measures which in our reasonable opinion is necessary to prevent any adverse consequences to Operator, the LetKnow Services, any other Users of the LetKnow Services and any other third party.
9.2
If User becomes aware of the occurrence of any event referred to in Clause 9.1 above, they must give a notice to Operator of such event as soon as is reasonably practicable.
9.3
If Operator terminates any order, or restricts Users to use of the CA in accordance with this Clause 9, Operator shall not be liable for any losses, expenses or other costs incurred to User, any other Users of the LetKnow Services and/or any other third party.
10. Intellectual Property
All intellectual property on the Website and LetKnow Services, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) shall be owned by Operator or its affiliates. User may not copy, modify, transmit or use any of the foregoing materials or content for commercial purposes.
All rights contained in the name of Operator (including but not limited to business goodwill and trademarks, logos) shall be owned by Operator and its affiliates.
Upon accepting these terms, it shall be deemed that User, on the basis of their own free will, have transferred and assigned exclusively and free of charge to Operator all copyright of any form of information that User publishes on the LetKnow Services, including, but not limited to copyrights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network dissemination rights, shooting rights, adaptation rights, translation rights, compilation rights and other transferable rights that copyright owners are entitled to, and Operator shall have the right to sue for any infringement on such copyright and obtain full compensation for such infringement. These terms shall apply to any content that is published by User on the LetKnow Services and is protected by copyright law, regardless of whether the content is generated before or after the signing of these terms.
User shall not illegally use or dispose of the intellectual property rights of Operator or any other person during User’s use of the services offered by the LetKnow Services. For any information that User publishes on the LetKnow Services, User may not publish or authorise other websites (or media) to use such information in any manner whatsoever.
By logging onto the CA or use of any of the LetKnow Services shall not be deemed as Operator’s transferring of any intellectual property to User.
User may provide a link to the homepage of the Operator website on any website User operates, as long as User does not suggest any form of association, approval or endorsement on the part of Operator without Operator’s express prior written permission and User promptly deletes the link on the Operator’s request.
11. Term and Termination
If User wishes to cancel their CA, they should send an e-mail to Operator at support@LetKnow.com with the wording “Please cancel my account and password” in the subject line.
Once Operator has received an e-mail, Operator will—within a reasonable time period—cancel User’s account and password and delete (saving only as required by law or regulation) from Operator’s records, the information User submitted to Operator as a part of the registration process.
Operator retains the absolute right to prevent User from accessing the Client Account, including by deleting User CA, without prejudice to any of Operator’s accrued rights, where Operator so chooses, at their sole discretion, by giving User short notice. User acknowledges that any such decision may be based on confidential criteria that are essential to Operator risk management and security protocols and User agrees that LetKnow is under no obligation to disclose the details of its risk management and security procedures to User.
Operator reserves the right to suspend, terminate or block User access to the CA at any time and without prior notice to User in the event of their breach of any of these terms.
12. Dispute Policy
Operator will use its best endeavours to resolve any disputes arising out of trading on the LetKnow Services fairly. Nevertheless, User agrees that Operator retains the right to absolute discretion in resolving any such disputes.
Where Operator, in their sole discretion, reasonably believes that any User is or may be engaging or attempting to engage in fraudulent or unlawful activity, Operator may take any steps (or may request User to take any steps) they consider necessary or desirable, to prevent, mitigate or investigate such activity. User agrees to comply with such requests, including any requests to provide Operator with information, to the maximum extent permitted by applicable law.
13. Tax
It is User’s responsibility to determine whether, and to what extent, any taxes apply to any transactions they conduct through the LetKnow Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
14. Miscellaneous
Communication / Notice: User agrees that Operator will use the e-mail address and the telephone number tied to the User CA to contact User in relation to the management and operation of the LetKnow Services, including with respect to security breaches. User is responsible for keeping their e-mail address and telephone number up to date.
Governing Language: Some of the content on Operator website, applications, tools and services may be available in multiple languages. In case of any conflict between different language versions of such content or any omission in any language version thereof, the English language version of such content shall prevail.
Governing Law: These terms and all non-contractual or other obligations arising out of or in connection with them are governed by the laws of the Republic of Estonia.
14.1 Jurisdiction
These terms (including regarding the existence, validity or termination of these terms), all non-contractual obligations arising from or connected with them and the use of the LetKnow Services shall be governed by and construed in accordance with the laws of the Republic of Estonia excluding its conflict of law rules.
The parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Estonia, provided, however, that Operator shall have the right, at its sole option, to initiate proceedings against User in any other court of competent jurisdiction.
14.2 Entire Agreement
These terms (including any information incorporated by reference herein) comprise the entire agreement between User and Operator for the provision of the LetKnow Services and Client Account.
14.3 Survival
All provisions of these terms, which by their nature extend beyond the expiration or termination of these terms, will continue to be binding and operate after the termination or expiration of these terms.
14.4 Invalidity, Serverability
If any court or competent authority decides that any provision of these terms is invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms. The remaining terms shall continue to be valid to the fullest extent permitted by law.
14.5 Relationship of the Parties
Nothing in these terms shall be deemed or is intended to be deemed, nor shall it cause, either User or Operator to be treated as the agent of the other and Operator shall have no fiduciary relationship or fiduciary obligations towards User.
14.6 Unclaimed Property
If Operator holds User funds or virtual currency and Operator is unable to contact User and have no record of User’s use of the LetKnow Services for several years, under applicable law Operator may in certain jurisdictions be required to report the unclaimed funds or virtual currency as unclaimed property to the authorities. Operator will try to locate User at any address shown in our records, but if Operator is unable to, Operator may be required to deliver any such funds or virtual currency to the authorities in certain jurisdictions as unclaimed property. Operator reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds as permitted by applicable law.
14.7 Assignment
These terms are personal to User, and User cannot transfer or assign their Client Account, rights, licenses, interests and/or obligations to anyone else without our prior written consent. Operator may transfer or assign their rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving any Operator affiliate or group company, provided that this transfer or assignment does not have an adverse material impact on the quality of the LetKnow Services which User receives.
14.8 Security Interests
User must not create any security (third-party claim, encumbrance) over their funds or virtual currency unless Operator explicitly states to the contrary in writing.
14.9 Enforcement of Our Rights
Operator may not always strictly enforce their rights under these terms. If Operator does so, it will be just a temporary measure and would not constitute a waiver of those rights. Operator may enforce their rights strictly again at any time.
14.10 Right of Third Parties
Subject to any provision(s) of these terms under which rights are granted to third parties, a person who is not a party to these terms has no right to enforce any provision of these terms but this does not affect any right or remedy of a third party which exists or is available under any applicable law.
Any Questions?
If you have any questions about these terms, the LetKnow Services, Client Account, or anything else of relevance to Operator, please contact us at support@LetKnow.com and a member of our support team will be happy to help.