These Terms of Service constitute an electronic agreement between you (hereinafter the “Merchant”) and RocaPay that applies to the Merchant's use of this website, any and all services, products and content provided by rocapay.com.
As used in these Terms of Service, "RocaPay", “rocapay.com” is a cryptocurrency merchant payment gateway and is operated by xBits OÜ with registration number: 14647515, registered address at Pärnu mnt 158-88, 11317 Tallinn, the Republic of Estonia. xBits OÜ holds licenses FVR000710 and FRK000616 for the operation of cryptocurrency wallet and exchange platform issued by the Estonian Financial Intelligence Unit (FIU).
"RocaPay", "rocapay.com" may refer to including without limitation the owners, directors, investors, employees, assignees, affiliates or other related parties. Depending upon the context “RocaPay" may also refer to the services, products, website, content, or other materials (collectively "RocaPay Services") provided by xBits OÜ.
By using this website (“Site”), registering for a RocaPay Account (“Account”) or using any other service provided by RocaPay, You, the Merchant, agree to accept and comply with the Terms of Service of use stated below ("Terms of Service"). The Merchant must read the entire Terms of Service carefully before using this Site or any of the RocaPay Services.
By registering an account, the Merchant expressly represents and warrants that they have accepted these Terms of Service, is at least 18 years of age, and that the laws of their country do not prohibit the use of the services on rocapay.com. It is the Merchant’s responsibility to follow the rules and regulations of their country of residence or from which they enter and use the website and/or services offered by RocaPay.
As long as you agree to and comply with these Terms of Service, RocaPay grants non-exclusive, non-transferable, non-sublicensable, and limited right to enter and use the Site and the Service. Nothing in these Terms of Service gives any license, right, title, or ownership of, in, or to the Site or any of the Services.
The titles of the different sections (articles) of the present Terms of Service have been put with the only objective to make the text more comfortable for the reader and do not have any literal legal effect.
IF YOU DO NOT ACCEPT THE TERMS OF SERVICE OF USE OUTLINED HEREINAFTER, DO NOT ACCESS THIS SITE AND DO NOT USE THE SERVICES OFFERED BY ROCAPAY.
1.1. In the present Terms of Service the following terms have the meaning indicated below, unless otherwise stipulated:
1.1.1. Account is a profile registered by a Merchant on www.rocapay.com and is the functional part of the System that controls Merchant’s Funds and Transactions conducted with them.
1.1.2. Abandoned Account is any inactive Account through which no transactions have been processed for a minimum of six months or for which contact information (address, phone numbers, email address) is no longer vapd.
1.1.3. Cryptocurrency means peer-to-peer digital currency that has no central issuer and is distributed directly between the owners of such currency (e.g. Bitcoin, Ethereum).
1.1.4. Deposit means a transaction involving a transfer of Funds, both Crypto and Fiat, to the RocaPay Account.
1.1.5. Exchange Rate means the price at which one cryptocurrency is exchange for another or the price at which it can be bought with fiat money.
1.1.6. Fiat money means government-issued currency that is designated as legal tender in its country of issuance on the legislative level.
1.1.7. Funds means Fiat money or Cryptocurrency.
1.1.8. Parties means RocaPay and the Merchant.
1.1.9. Platform is the functional part of the Website and all related software which enables Merchants to accept Bitcoin and other digital currencies as payment from purchasers of goods or services or donations;.
1.1.10. Services mean all and any service provided by RocaPay.
1.1.11. Site (“Website”) means set of information, texts, graphic and design elements, pictures, photo, video and other fruits of intellectual activity, as well as set of computer programs contained in the information system which ensures the accessibipty of this information at https://rocapay.com/.
1.1.12. System means set of software and technical means used by RocaPay in automatic mode to process operations conducted by the Merchant’s customers.
1.1.13. Transaction is the process of paying for goods or services or making donations using Crypto to a Merchant’s RocaPay Account. All transfers, deposits, withdrawals and conversions (the process of exchanging one cryptocurrency for another or for fiat) are also considered transactions.
1.1.14. Transaction Fee is a charge which is payable by the Merchant to RocaPay itself or on behalf of or by any third-party involved for each completed Transaction. The fee schedule can be found at: https://rocapay.com/pages/pricing
1.1.15. Merchant is a natural person or business that accepts cryptocurrency as payment for its product and/or services or a registered charitable organization that accepts donations in virtual currencies. Merchant means an individual or entity formatted in the appropriate legal form according to local legislation that use the Site and/or the System and has agreed to the present Terms of Service with RocaPay
1.1.16. Purchaser is a customer paying for Merchant product(s) and/or service(s) or making dontations.
1.1.17. Wallet is an apppcation allowing the Merchant to store his/her Funds in Crypto and Fiat currency on the RocaPay Platform.
2.1. By accessing or using the Website, you represent and warrant that you:
2.1.1. are at least 18 years old;
2.1.2. have not previously been suspended or removed from the Website;
2.1.3. warrant that you will not use the Site if the laws of your country prohibit you from doing so in accordance with these Terms of Service;
2.1.4. have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party;
2.1.5. the Funds you use on the RocaPay platform are derived from legal sources.
2.1.6. the goods and services provided by you as a Merchant do not constitute illegal and/or criminal activities.
2.2. If you are registering to use the Services on behalf of a legal entity, you represent and warrant that:
2.2.1. such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and
2.2.2. you are duly authorized by such legal entity to act on its behalf.
2.3. RocaPay may not make all Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services in certain jurisdictions and to certain individuals, companies and countries that are on prescribed sanctions lists.
3.1. RocaPay provides a number of services, including but not limited to:
3.1.1. Cryptocurrency Merchant Payment Gateway
3.1.2. Cryptocurrency and Fiat Wallets
3.1.3. Exchange service
3.2. In its capacity as a cryptocurrency merchant payment gateway, RocaPay offers a solution for merchants to accept digital currencies as a form of payment from their customers.
3.3. RocaPay may, according to a Merchant’s request, automatically buy the currency from the Merchant’s customers in accordance with Terms of Service set in rocapay.com.
3.4. RocaPay will convert the cryptocurrency which RocaPay has bought from the Merchant’s customers to EUR/USD and add them to the Merchant’s Wallet. The conversion, according to the Merchant’s choice, can be done automatically or manually. However, RocaPay has a right to refuse to buy the digital currency from the Merchant’s customers in accordance with Terms of Service set in rocapay.com.
4. Account Registration and Verification
4.1. In order to use the Services, a Merchant must open a RocaPay account. When they open one, RocaPay will ask the Merchant for information such as company name, company type, tax ID, website, company address, business activities, and information about the ultimate beneficial owners and the organization’s principals. Individuals who open a RocaPay merchant account will need to provide details including, but not limited to, their full name, Personal Identification Number, date of birth, nationality, phone number, address of residence, website, and goods and services sold.
4.2. The information that a Merchant provides at the time of account opening must be accurate and complete and the Merchant must inform RocaPay within ten business (10) days of any changes to such information. RocaPay may require additional information from the Merchant (including any person signing below or otherwise agreeing to the Terms on behalf of the Merchant) to help verify the Merchant’s identity and assess the Merchant’s business risk, such as verification photo, Certificate of Incorporation, bank statement, Power of Attorney, Articles/Memorandum of Incorporation and/or government-issued identification. RocaPay may also obtain information about the Merchant from third parties, such as credit bureaus and identity verification services.
4.3. RocaPay has the right to reject an account registration or to close an existing RocaPay account later, if a Merchant does not provide accurate, complete, and satisfactory information.
5. Account verification
5.1. All Merchants performing transactions including fiat currencies are required to go through Know-your-customer (KYC) verification. There are two types of verification – Company and Personal. Each type requires a different set of information for identification purposes.
5.2. RocaPay reserves the right to change the KYC verification status of any Merchant, to deny provision of services or to terminate the provision of services without any prior notice and explanation.
5.3. The Merchant agrees to provide the required information and documentation, given the respective type of KYC verification. In case the Merchant provides counterfeit documents and false information, such behavior will be interpreted as fraud.
5.4. The Merchant hereby authorizes RocaPay to, directly or indirectly (through third parties), make any inquiries we consider necessary to check the relevance and accuracy of the information provided for verification purposes.
6. Account Maintenance
6.1. The Merchant is solely responsible for maintaining the confidentiality of their Account information, passwords, funds, both crypto and fiat, and all transactions that happen on their account and is the one to determine the best way to do so. In case of loss or discrediting the information and/or in cases of unauthorized access to their account by third parties or any suspicious activity, the Merchant must contact the support of RocaPay at [email protected]. If a Merchant does not contact RocaPay, all transactions made on their account will be considered normal activity.
6.2. The Merchant has the right to hold and use only one Account. Having more than one would be considered a violation of these Terms of Service.
6.3. If a Merchant Account becomes an Abandoned Account with a fiat currency balance due to the Merchant, all costs incurred by RocaPay in managing the respective Merchant's Abandoned Account, including costs associated with attempting to locate Merchant to deliver Merchant Account balance or incurred with respect to escheating Merchant's funds to the appropriate governmental agency will be deducted from the Merchant Account. RocaPay may, but shall not be obligated to, move cryptocurrency funds out of the account and into a secure Cold Storage account for safekeeping. When a Merchant resumes activity on an Abandoned Account, the Cold Storage funds can be retrieved by contacting support for a security review and reinstatement.
6.4. Should there be any suspicious activity registered by RocaPay, RocaPay reserves the right to request additional information from you, the Merchant, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests or accept suspension of Service provision and/or termination of your Account.
6.5. RocaPay commits to receiving cryptocurrencies from Merchants and Purchasers, safeguarding them, keeping a record of them and processing transactions, requested by the Merchants.
6.6. RocaPay also commits to keeping a record of the Fiat money transferred to the Merchant Accounts, but does not keep them. Fiat money are held and Fiat money transfers are executed by third parties (aggregators, banks, payment institutions, among others) and RocaPay cannot be held liable for the actions of these third parties.
6.7. All Account transactions are carried out at the Merchant’s request. No third party requests for account operations are accepted by RocaPay. The only exception is the automatic conversion of funds, which is available in each Merchant’s dashboard and can be enabled only by the Merchant.
6.8. All account funds belong to the Account holder (the Merchant). RocaPay cannot block funds on the account without the request of the Merchant and can only write off funds in the cases mentioned in the present Terms of Service.
6.9. RocaPay does not pay interest on the Funds in the Merchant Accounts.
6.10. RocaPay is required to maintain records of all documentation and information collected for a Merchant Account for the duration that the respective account is active, and up to 5 years thereafter.
7. Account Termination
7.1. You have the right to terminate and close your Account at RocaPay at any time, after settling all pending transactions.
7.2. RocaPay also reserves the right, in its sole discretion and without any prior notice, to terminate your access to the RocaPay Site and to your Account and to limit, suspend or terminate service provision to you on suspicion of creating any problems or possible legal liabilities, infringing the intellectual property rights of third parties, or breaching the present Terms of Service. Additionally, RocaPay may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Merchants for any reason, including without limitation:
7.2.1. Attempts to gain unauthorised access to the Site or another Merchant account or providing assistance to others' attempting to do so;
7.2.2. Overcoming software security features limiting use of or protecting any content;
7.2.3. Usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities;
7.2.4. Failure to pay or a fraudulent payment for Transactions;
7.2.5. Unexpected operational difficulties; or
7.2.6. Upon the request of law enforcement or other government agencies, if deemed legitimate and compelling to do so by RocaPay, acting in its sole discretion.
7.3. The suspension of an Account shall not affect the payment of Transaction Fees due for past Transactions. Upon termination, Merchants shall send details of a valid bank account in their name to allow for the transfer of any fiat currencies credited to their account, and addresses of respective cryptocurrency wallets for the transfer of any digital currency assets credited to their account. RocaPay shall transfer the currencies as soon as possible following the Merchant request and within the time frames specified by RocaPay.
7.4. RocaPay will send you the credit balance of your Account; however, in certain circumstances, a number of intermediaries may be involved in an international payment (such as correspondence banks) and these or the beneficiary bank may deduct charges. We will make all reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment; however, where they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance, and that you agree to be responsible for such charges.
7.5. Upon Account closure, any amount less than USD 5 in value will not be returned.
7.6. RocaPay reserves the right to not convert Cryptocurrencies into fiat and to return them to a Wallet that belongs to the Merchant.
7.7. The Merchant will still be obligated to RocaPay for any fees incurred, if applicable, before the closure and RocaPay will remit to the Merchant funds not yet paid to the latter and associated with pre-closure transactions.
7.8. If a Merchant’s account balance is below RocaPay’s documented minimum transfer amount, the Merchant may be responsible for any applicable transactions fees that may be incurred in the funds transfer.
7.9. RocaPay may ask for permission to inspect a Merchant’s business location in connection with the Merchant’s use of the Services, or documentation or evidence to support specific transactions. If the Merchant refuses RocaPay's request, RocaPay may suspend or terminate the respective Merchant Account.
8.1. By accessing and using any of the RocaPay services, the Merchant agrees that he or she is solely responsible for any and all conversions, deposits, withdrawals and other instructions entered into their RocaPay Accounts including identifiers, permissions, passwords, and security codes associated with their RocaPay Account.
8.2. RocaPay represents and warrants that once a crypto-to-crypto or crypto-to-fiat transaction has been initiated, such conversions may not be cancelled or reversed.
8.3. The Merchant represents and warrants that they have informed all Purchasers of the irreversible nature of transactions involving cryptocurrencies; hence, a payment shall be submitted only after careful consideration.
8.4. RocaPay cannot be held responsible and/or liable for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why the Site is unavailable at any given time.
8.5. RocaPay cannot be held responsible and/or liable for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.
8.6. The Merchant is solely responsible for paying commissions and service fees related to deposits and withdrawals made to and from their RocaPay Accounts. They also assume all the risks that accompany the provision of incorrect bank account details.
8.7. The Merchant represents and warrants that they will withdraw any Cryptocurrency or Fiat money from their Account only to their own Wallets and bank accounts.
8.8. All funding instruments for deposits and withdrawals – such as bank account, credit or debit card, must be named after the Account holder. Otherwise, it would be considered fraud.
8.9. Unverified Merchants are not allowed to deposit and withdraw any Fiat money from their Accounts.
8.10. The Merchant acknowledges and agrees that Deposit and Withdrawal Transactions in Fiat currency may be delayed due to bank verifications and checks. Similarly and due to the inherent nature of the cryptocurrency networks, the Merchant acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from his/her Account may be subject to delays, barring unforeseen or unavoidable network issues.
8.11. RocaPay may be forced to cancel or recall already executed Withdrawal Transaction at a request of financial institutions, including but not limited to banks, which are involved in settlement related to deposit and withdrawal of Funds from Merchant’s Accounts. In such cases, the Merchant is obliged to cooperate with RocaPay in order to discover the reasons for such a request.
8.12. All transactions, such as transfers, conversions, deposits and withdrawals, are all reflected in the Merchant’s RocaPay Account.
8.13. The information about the transactions is kept and is available by accessing the Merchant’s account during a period of time determined by RocaPay.
8.14. Any withdrawals are restricted within 48 hours after 2-Factor Authentication (2FA) deactivation.
8.15. RocaPay will verify Purchasers’ payments over the cryptocurrency peer-to-peer payment network and post the balance to the Merchant account.
8.16. Merchants can receive a settlement in their local currency, in any of the supported cryptocurrencies, or in a mixture of both. Merchants assume volatility risks of the currency in which they choose to settle.
8.17. Any supported cryptocurrency accepted by RocaPay on the Merchants’ behalf must be settled to a cryptocurrency wallet that Merchants provided. Payments in any of the supported cryptocurrencies are sent to Merchants’ designated wallet address, at least once per calendar day. RocaPay is not liable for any losses incurred as a result of incorrectly reported or designated wallet addresses that Merchants provide.
9. Payment Exceptions
9.1. In certain situations when an invoice is not fully paid or overpaid, it will result in a payment exception.
9.2. As RocaPay incurs miner fees to refund a payment, these fees will be deducted from the refund amount, if a Purchaser requests a payment exception.
9.3. Underpayments occur when a Purchaser sends less than the full amount required to consider the invoice fully paid. The Merchant can set either a percentage or a fixed sum as a threshold for automatically accepting underpayments. If such a threshold has not been set or the underpayment fails to reach it, the invoice will be considered unpaid, and RocaPay will send an email to the Purchaser to return the partial payment. If a Merchant wants to accept underpayments, they can enable this in their RocaPay dashboard. If a partial payment is to be returned to the Purchaser, the latter has to pay the network fee that is due.
9.4. Overpayments occur when an invoice receives excess funds. In such cases, the invoice is considered paid in full and is marked as an overpayment. It should be noted that the excess funds are not credited to the Merchant’s account. The Purchaser can request a refund for the excess funds by contacting RocaPay at [email protected] from the email used in the overpaid invoice.
9.5. If a payment is received after the predefined 15-minute time window following invoice generation, RocaPay performs an automatic check based on the exchange rate at the time the transaction is detected and puts the payment in one of the following categories: Underpayment accepted by the Merchant (invoice is considered paid in full), Partial Payment (to be returned to the Purchaser), Exact Payment (invoice is considered paid in full), Overpayment (invoice is considered paid in full and the Purchaser can request a refund for the excess funds).
9.6. he Purchaser is solely responsible for sending the exact cryptocurrency amount to pay an invoice in full in the specified 15-minute time window after the invoice is generated.
10.1. RocaPay can facilitate cryptocurrency refunds on the Merchant’s behalf. The Merchant can decide to issue a partial refund or refund the full amount of the initial purchase. The Merchant can also decide whether to issue the refund denominated in their local currency or in a supported cryptocurrency. If Merchants do not have enough funds in RocaPay account to cover the refund, RocaPay may require them to deposit a digital or fiat currency to RocaPay to cover the refund to the Purchaser. Any required currency conversion during the refund process will be calculated at a spot rate determined by RocaPay.
10.2. Every Refund is treated by RocaPay with reasonable care and skill.
10.3. Refunds in excess of the original amount are prohibited.
10.4. All refund requests must be submitted to [email protected] within 48 hours after the transaction is made.
10.5. To prevent fraudulent conduct, all payments and information related to refunds will be thoroughly verified by RocaPay. RocaPay may request the Merchant to provide certain documents in order to prove the fact that a disputed payment has been made. In case the Merchant fails to provide appropriate documents or information within three (3) days upon request or in case of any doubts as to the authenticity of the provided documents, RocaPay shall be entitled to decline the Merchant’s refund request.
10.6. RocaPay shall process the Merchant’s Refund requests as soon as possible. Response times will vary depending on stated reasons for the request and on workload. In any case, RocaPay shall notify the Merchant on the outcome of the request within 15 business days after the last request for additional information or documentation. The refund will be processed within 14 business days from the decision to grant the refund.
10.7. RocaPay expects the Merchants to contact RocaPay first to resolve any problem or issue related to a Purchaser payment before the Merchant makes any refund requests.
10.8. RocaPay reserves the right to suspend Merchant's account and lock Merchant's Funds during the refund investigation procedure.
10.9. Any charges, which arise upon processing refunds, shall be borne solely by the Merchant. Such charges will be deducted from the final amount returned.
10.10. RocaPay is not responsible for Merchant refund policies. RocaPay suggests Merchants have a clear refund policy for their customers (including, if applicable, “no refunds are allowed as all sales are final”). For certain industries, a refund policy may not be applicable (e.g. where a service is provided). If refunds are permitted, RocaPay recommends Merchants to refund the amount of the initial purchase in the currency in which the item was priced.
10.11. Purchasers filing complaints with RocaPay about a purchase will be forwarded to the respective Merchant for resolution. RocaPay reserves the right to terminate accounts which receive excessive complaints.
10.12. Merchants filing complaints regarding RocaPay’s processing service should submit complaints via email at [email protected]
11. Intellectual property
11.1. All content on this Site is the property of RocaPay and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
11.2. The trademarks, trade names, service marks and logos of RocaPay and others used on the Site (hereinafter the “Trademarks”) are the property of RocaPay. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to RocaPay.
11.3. It is prohibited to copy, reproduce, modify, republish, upload, post, transmit, scrape, collect or distribute the Trademarks or any other content on the Site no matter manual or automated, unless it is otherwise intended by RocaPay, its Site and/or System. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited, unless it is otherwise intended by RocaPay, its Site and/or System; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
12.1. By using RocaPay’s Terms of Service, RocaPay may publish your corporate name, URL, artwork, text, logo, and other publicly available information about your business ("Merchant Content") to our promotional materials and all marketing channels.
12.2. A third party may use RocaPay's publicly available Merchant Content and customize the data to create entries for directories or other channels, and the data listed on third party directories or channels will be subject to separate third party terms and conditions.
12.3. You represent and warrant to RocaPay that you have the right to provide the Merchant Content to RocaPay, and that the use, copying, modification and publication of the Merchant Content by RocaPay:
12.3.1. will not infringe, violate or misappropriate any third party copyright, patent, trade secret or other proprietary rights;
12.3.2. will not infringe any rights of publicity or privacy, and
12.3.3. will not be defamatory or obscene or otherwise violate any law.
13. Financial or Legal advice
13.1. For the avoidance of doubt RocaPay does not provide any financial, investment or legal advice in connection with the Services provided by RocaPay. RocaPay may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such.
13.2. Any decision to receive and/or exchange Cryptocurrencies is the Merchant’s decision and RocaPay cannot be held liable for any loss suffered.
14.1. The Merchant undertakes to pay all his/her taxes and duties, which can result from the use of RocaPay Services and should be paid according to the Merchant’s state of residence regulations.
14.2. RocaPay does not hold any responsibility for any violation made by the Merchant due to their obligation to calculate and pay taxes and duties.
14.3. Merchants must keep all records needed for fulfilling the goods or services sold to the Purchaser and providing any post-sale support to the Purchaser. If the sale of the item requires any government registration of the sale, Merchants are responsible for such registration.
15.1. The Merchant agrees to pay RocaPay the Transaction Fee for each completed Transaction.
15.2. Prior to accepting any payments, the Merchant must consider the Transaction Fee rates published on the Pricing page.
15.3. RocaPay reserves the right to change the Transaction Fee rates from time to time publishing updates on the Pricing page. Merchants’ continued use of the Services after RocaPay notifies them of any changes in its fees constitutes the Merchants’ acceptance of such change.
15.4. The Transaction Fee may vary and may be different for each individual account. The Transaction Fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by RocaPay from time to time and such changes shall become effective the moment they are posted on the Site.
15.5. Cryptocurrency transactions may require a miner fee. These miner fees are automatically created by the Purchaser’s wallet and sent to the miner. These miner fees are not RocaPay fees. The miner fees paid to the network are not returned when a refund is executed.
15.6. If a Merchant issues a full or partial cryptocurrency refund to their customers, the miner fee amount will be deducted from the Merchant’s respective wallet balance. The deduction will be added as a separate entry in the Merchant’s Withdraw History after the refund is executed.
16. Exchange Rates
16.1. RocaPay calculates its exchange rates by pulling the market depth from exchanges with adequate liquidity and reliable withdrawal capabilities.
16.2. RocaPay has relationships with a number of digital currency exchanges and only incorporates rates of such exchanges which meet its regulatory, operational, and market depth requirements.
16.3. If a Merchant opts for manual conversion of a Puchaser’s crypto payment into fiat, RocaPay guarantees the respective exchange rate for a period of exactly 60 seconds. If the conversion does not take place within the specified time frame, the counter is reset and a new rate is automatically generated.
17. Prohibited and Illegal Uses
17.1. RocaPay reserves the right to suspend or terminate any Merchant’s RocaPay Account, to report to relevant law enforcement authorities and to confiscate any available funds or cryptocurrencies available in the Merchant account at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
17.2. It is strictly forbidden to use the Account for any illegal purposes. RocaPay will report any suspicious activity to the relevant law enforcement authorities.
17.3. The Merchant shall ensure that they do not use the Services for any transactions with regards to any services offered by RocaPay relating to:
17.3.1. money laundering, terrorist financing, proliferation of weapons of mass destruction;
17.3.2. human trafficking;
17.3.3. any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
17.3.4. any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
17.3.5. archeological findings;
17.3.6. drugs, narcotics or hallucinogens;
17.3.7. weapons of any kind;
17.3.8. illegal gambling services;
17.3.9. Ponzi, pyramid or any other “get rich quick” schemes;
17.3.10. goods that are subject to any trade embargo;
17.3.11. media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
17.3.12. body parts or human remains;
17.3.13. protected animals or protected plants;
17.3.14. weapons or explosive materials; or
17.3.15. any other illegal goods, services or transactions.
17.4. The Merchant further agrees not to:
17.4.1. Use RocaPay services in any manner that could interfere with, disrupt, negatively affect or inhibit other Merchants from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
17.4.2. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
17.4.3. Use or attempt to use another Merchant's account without authorization;
17.4.4. Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
17.4.5. Develop any third-party applications that interact with our Services without our prior written consent;
17.4.6. Provide false, inaccurate, or misleading information; and
17.4.7. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
17.5. We reserve the right to decline to process a sale if we reasonably believe that it violates these Terms or would expose you, other merchants, Purchasers, or other parties to harm. If we reasonably suspect that your RocaPay account has been used for an illegal purpose, you authorize us to share information about you, your RocaPay account, and your account activity with law enforcement.
18. Availability of services
18.1. All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
18.2. Although RocaPay does its best to keep the Site up and running, all online services suffer from occasional disruptions and outages and RocaPay is not liable for any disruption or loss the Merchant may suffer as a consequence. Therefore, RocaPay does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
18.3. We will take reasonable endeavours to ensure that the Merchant can normally access the Site in accordance with the Terms of Service. RocaPay may suspend use of the Site for maintenance and will make reasonable efforts to give the Merchant a notice. The Merchant acknowledges that this may not be possible in case of emergencies.
18.4. If RocaPay is unable to perform the Services outlined in the Terms of Service due to Force Majeure events or any other factors beyond our control, change of law or change in sanctions policy, RocaPay cannot be held responsible to the Merchant with respect to the Services provided hereunder and for a time period coincident with the event.
19. Termination and Discontinuance of services
19.1. RocaPay reserves the right, in our sole discretion and without any liability to any Merchant of RocaPay Website or Services, with or without prior notice and at any time, to modify, change, discontinue or terminate, temporarily or permanently, fully or partially any of our Services.
19.2. In the event of termination, RocaPay will attempt to return any Funds stored in the Merchant Account not otherwise owed to RocaPay, unless RocaPay believes you have committed fraud, negligence or other misconduct.
20. APIs and Widgets
20.1. RocaPay may provide certain parties with access to specific data and information through our Application Programming Interface (API) or widgets.
20.2. RocaPay also may provide widgets for your use to enter our data on your Site.
20.3. The Merchant is free to use these in their original unmodified and unaltered state.
20.4. The Merchant can modify their widget by inserting shop name, description and logo.
20.5. Merchants may create multiple customized widgets for all their websites as long as these websites are associated with the respective RocaPay account holder.
21. External websites
21.1. The RocaPay Site may contain external links to third party websites on the Internet network. RocaPay does not have any control on these external websites and their content is not checked against any criteria whatsoever (e.g. authenticity, completeness, legality etc.).
21.2. RocaPay is not to be held liable or responsible for any of these external websites, which are linked from the RocaPay website with regards to the information, expressed opinions, advice or statements, advertising materials, the accessibility and any possible consequences of use of these third parties’ sites, such as damages, losses, failures, and problems. You are solely responsible.
22.1. Sending not encrypted email messages over the Internet network is not secure and RocaPay cannot be held liable or responsible for any damages, losses or problems that might have arisen as a result of sending or receiving such emails.
23.1. The Terms of Service shall be governed and construed in accordance with the laws of Estonia. The parties hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of Estonia.
24. Limitation of liability
24.1. To the extent permitted by law, neither RocaPay, nor RocaPay’s directors, members, employees, agents, affiliates, partners in joint ventures, suppliers or distributors will be held liable for any loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, or any indirect, special, exemplary or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the RocaPay site or the RocaPay services, or the present Terms of Service. Please note that some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation may not apply to you.
24.2. RocaPay does not make any representations or warranties that access to the site, any part of the RocaPay services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. RocaPay makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. RocaPay will take reasonable steps to ensure that requests for electronic debits and credits involving bank accounts, credit/debit cards, and check issuances are processed in a timely manner but RocaPay makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of RocaPay’s control.
24.3. To the extent permitted by law, RocaPay or RocaPay directors, members, employees, agents, affiliates, joint venturers, suppliers or distributors’ aggregate liability for claims under no circumstances, whether in contract or tort (including negligence), should exceed the fees paid by you to RocaPay in the 12-month period immediately preceding the date of any claim giving rise to such liability.
25.1. By using this Site, you agree to defend, hold harmless and indemnify RocaPay and its partners (including but not limited to officers, directors, members, employees, agents and affiliates) from any action, liability, cost, expense, claim, loss, demand, damage suffered or incurred due to your indirect or direct use of, or conduct in connection with, RocaPay websites, RocaPay services or products, any feedback you provide, your violation of the present Terms of Service and any other RocaPay policy, or your violation of any rights of any other person or entity.
25.2. If you must indemnify RocaPay, RocaPay reserves the right, in its sole discretion, to control any action or proceeding (at RocaPay expense) and decide whether to settle it or not.
25.3. The Merchants (not RocaPay) are the owners/sellers of their products/services for which they accept the digital currency as a form of payment. The Merchants agree to clearly inform their customers that the latter purchase products/services directly from the Merchants. By selling products/services to their clients, Merchants represent and warrant to RocaPay and prospective clients that the Merchants are the owners of products/services and/or have the right and ability to legally sell products/services.
25.4. As RocaPay is not involved in the transaction between Merchants and their clients and is not the agent of either for any purpose, it will not be involved in resolving any disputes between Merchants and their clients related to or arising out of any transaction. In case RocaPay gets involved into any dispute by any third party the respective Merchant shall indemnify and hold RocaPay harmless against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any such dispute.
25.5. Merchants are responsible for quality of products/services they sell to their clients. RocaPay is not responsible for quality and delivery of Merchant’s products/services, support, refunds and returns.
25.6. Merchants are responsible for all reversals, chargebacks, fees, fines, penalties and other liability and/or losses arising out of any transaction between them and their clients.
25.7. Consistent with Merchants’ local laws and regulations, Merchants are solely responsible for obtaining any information required of those who purchase their goods or services. For instance, if applicable law prohibits a sale to persons under the age of 18 years, Merchants must ensure that a Purchaser is at least 18 years of age. Similarly, if applicable law requires that a Purchaser's identity be verified, Merchant must verify the Purchaser's identity. RocaPay will not be responsible for Merchants’ failure to adequately verify their Purchasers' identities or qualifications.
26. Dispute settlement
26.1. The Parties agree to attempt informal resolution prior to any demand for arbitration in order to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the present Terms of Service.
26.2. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences.
26.3. The Party in default on its obligations hereunder shall promptly cure the breach and take due measures to eliminate the consequences. Any dispute arising out of or in connection with these Terms of Service (including a dispute regarding the existence, validity or termination of these Terms of Service or the consequences of its nullity) shall be referred to and finally resolved in accordance with international legislation, by the International Commercial Court (International Court of Arbitration).
26.4. If any dispute occurs as to the performance or interpretation of the present Terms of Service that cannot be resolved amicably or in arbitration the Company is entitled to demand the dispute be settled by the Court in location where RocaPay resides.
26.5. Whether the dispute is heard in arbitration or in court, you and RocaPay will not commence against the other a class action, class arbitration or representative action or proceeding.
27. Governing Language and Translation
28. Amendments to the Terms of Service
28.1. RocaPay reserves the right to amend, add, or remove parts of these Terms of Service at any time and at its sole discretion. You will be notified of any changes through your Account. Upon such notification, it is your responsibility to review the modified Terms of Service.
28.2. Your continued use of the Site following the posting of a notice of changes to the Terms of Service signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms of Service.
If you have any questions with respect to these Terms of Service, your rights and obligations arising from these Terms of Service and/or your use of the Site and the Services offered by RocaPay, your Account or any other matter, please contact [email protected]. We will get back to you in a timely manner.