Global Terms of Service
Last Updated: February 16, 2022
Important information
Prior to obtaining access to the Ramp Application, please read the following information carefully and ensure that you understand each provision. These Global Terms of Service comprise an agreement between the end-user (–acting as buyer of crypto) (“User”, “you”) and Ramp. By accepting these Global Terms of Service, you confirm that you have read, understood, and you accept all of the terms and conditions contained in this Global Terms of Service. These Global Terms of Service apply to every territory where Ramp Application is available except the United States.
If you are unable to comply with these Global Terms of Service, please do not use our Ramp Application. Failure to comply with this directive may result in a violation of the applicable laws or regulations. When in doubt, you can always contact us at: support@ramp.network
Please also note that by accepting these Global Terms of Service you give us your express consent to begin supply of the digital content and our services to you before the end of the 14-day period, you waive your right to withdraw from the agreement that you may have under the applicable regulations (if you are a consumer) and you acknowledge that said right to cancel will be lost.
As with any asset, the value of digital currencies can go up or down and there can be substantial risk that you lose money buying, selling, holding or investing in digital currencies. You should carefully consider whether selling, holding or buying digital currencies is suitable for you given your financial condition.
- Ramp - who we are
- This Ramp application ('Ramp Application’) is offered to you by Ramp Swaps Ltd (a British private limited company), with its registered office in London Epworth House, 25 City Road, London, England, EC1Y 1AA, registered in the Companies House under the company number 11850124 ('Ramp Swaps Ltd').
- Customer support and technical issues are handled by Ramp Network sp. z o.o. (Polish limited liability company) with its registered office in Warsaw at Aleje Jerozolimskie no. 181B, 02-222 Warsaw, Poland, entered in the register of entrepreneurs maintained by the District Court for the capital city of Warsaw, 12th Commercial Division of the National Court Register (KRS) under number: 0000706690, Tax Identification Number (NIP): 7010780606, address of correspondence: Wioślarska 8, 00-411 Warsaw, Poland, email address: contact@ramp.network ('Ramp Network').
- Ramp Swaps Ltd and Ramp Network shall be jointly referred to as 'Ramp'.
- For more information on Ramp Network, please see our website: https://ramp.network/
- The roles in the process
- Ramp acts as the seller digital assets and sells such digital assets to Users through Ramp Application.
- Users act as buyers of digital assets and purchase digital assets through Ramp Application.
- Registration and logging in
- Registration and logging in to Ramp Application is possible via the following website: https://ramp.network/.
- In order for the User to register or log in to Ramp Application, such User needs to provide information required by Ramp Application, including email. You guarantee to use only one account (one e-mail address) of your own and promise not to use or access any other person’s or entity's account or impersonate any other person or entity at any time or assist others in gaining unauthorised access to Ramp Application. If Ramp identifies that a person or entity is using multiple accounts or e-mails, it may block such user and suspend provision of services to such User.
During registration for the Ramp Application, you agree to provide all requested information for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Ramp Application. Your access to one or more Services and the limits that apply to your use of the Services, may be altered as a result of information collected about you on an ongoing basis. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. See our Privacy Policy for how we treat your data.
- We may also require additional information from you to comply with our Anti-Money Laundering (AML) obligations. The information required may vary according to various risk factors that Ramp takes into account while establishing a relation with a User and in the course of further transactions. Providing us with relevant information is necessary in order to be able to use Ramp Application. We may refuse to provide you with Ramp Application services at our own discretion based on the results of the AML checks and we are not obliged to disclose to the User the results of the checks.
- At all times Ramp may request further information where it's necessary, including in the event of any suspicious activity related to the User or any transaction, for example ID and authenticating documents, and may freeze any transactions that are pending during the review. Ramp may refuse to carry out or intermediate in carrying out transactions that it considers suspicious, which Ramp will determine at its sole discretion.
- Ramp Application – service description
- Ramp Application allows its Users to purchase supported digital assets (such as tokens or cryptocurrencies) for fiat money.
- The Financial Ombudsman Service or the Financial Services Compensation Scheme do not apply to the cryptoasset activities carried on by Ramp Swaps Ltd. Cryptocurrencies such as DAI or BTC are considered to be unregulated cryptoassets by the UK's Financial Conduct Authority. All cryptocurrencies bought and sold on Ramp Application are unregulated cryptoassets.
- In order to provide service under Ramp Application, Ramp may obtain information about User’s payment account based on User’s consent. This may, in particular, speed up transaction times. In order to do that, Ramp may cooperate with chosen third parties, acting as account information service providers (AISPs) or payment initiation service providers (PISPs) who are regulated entities under the Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market.
- In order to request a transaction User must use Ramp Application and:
- fill in details required by Ramp Application (such us, how much digital assets he wants to purchase or what amount of fiat money User wants to spend on a transaction, which digital asset User want to purchase);
- choose payment methods from methods made available by Ramp to a given User and provide payment details;
- accept the fees (you do this by clicking the “proceed” button on the screen where transaction details are displayed);
- accept the Global Terms of Service (in some cases a previous act of acceptance may be sufficient, which will be determined by Ramp);
- provide and/or verify your wallet address;
- confirm that you want Ramp to transfer digital assets to you.
- Ramp Application will present you the blockchain address to which the digital assets should be transferred based on information obtained either from you or the host application you used to launch the widget. You are obliged to verify whether such blockchain address that has been disclosed in the application is the correct one. You are obligated to provide a crypto asset address that is owned by you and is under your full control and authorisation, to which digital assets will be transferred. You represent that the crypto asset address is solely under your control.
- Ramp is not responsible for any inaccuracy in the data provided by User. User is obliged to check all the information before submitting it to Ramp. Blockchain transactions are irreversible and Ramp will not be able to reverse any transactions already executed in case User made a mistake in the provided data or instruction.
- The digital assets will be sent to the wallet address provided by the User after Ramp receives the purchase price from the User. The purchase price includes the price for digital assets and all applicable fees as set out in these Global Terms of Service. The time of settlement may differ depending on the method of payment you use or the payment service provider that you use. Ramp reserves the right to cancel a transaction if we do not receive fiat money in due time (Ramp may set up this time at its own discretion). If the fiat money sent by you is settled on Ramp’s account after a transaction request is terminated by Ramp, Ramp will resend the fiat money to you. You may have to bear the costs associated with the reverse transaction of fiat money.
- The service within Ramp Application is considered rendered by Ramp if the following occurs:
- Ramp receives the request from User to initiate a transaction.
- Ramp initiates the release of crypto assets to the crypto asset address indicated by User. You confirm that you understand that due to the nature of crypto currency addresses, it is not possible to get a refund or re-enter a different address once a transaction is initiated and you are solely responsible to introduce a correct address.
- Ramp verifies that a payment in fiat for crypto assets has been initiated by User and that the purchase price was settled on Ramp’s payment account;
- Ramp initiates the transfer of digital assets to the crypto asset address indicated by User.
- The fiat money transfer from the User shall meet the following requirements:
- the price paid needs to be exactly equal to the purchase price indicated in the Ramp Application;
- the reference title of the fiat money transfer needs to be identical to the reference provided by Ramp Application.
- Failure to meet any of the requirements mentioned above may result in Ramp not being able to perform a digital asset transaction. In particular, the following may happen:
- Transferred amount of fiat money does not exactly equal purchase price – in such a case Ramp Application may be unable to confirm that the purchase has been paid correctly; in this case Ramp may not perform a transaction and will resend the fiat money to User; this may also apply to a situation in which the amount paid by User exceeds the agreed purchase price. Please note, that Ramp may at its own discretion perform a digital asset transaction in case that the fiat money transfer is lower or higher that the purchase price. In such a case, a proportional amount of digital assets will be transferred to User as well as any fees may be increased.
- Reference title of the fiat money transfer is not identical to the reference provided by Ramp Application – in such a case Ramp Application may not recognise that you performed the transfer and not associate it with your transaction. Once Ramp identifies such issue or such issue is brought to Ramp’s attention, Ramp may at its own discretion resend the fiat money to you or proceed with performance if a transaction.
- In any of the above-described cases you may be required at Ramp’s discretion to bear the costs of resending fiat money to you.
- Ramp Application and the services that we provide under it are digital in nature. Therefore, both the features and the risks connected to digital businesses will apply accordingly to Ramp Application and its users. This means, in particular, that certain software and hardware qualities may be required in order to properly sign in to and use Ramp Application; and
- Trades are usually settled using blockchain (for the transfer of crypto assets; for more information on blockchain see this site) and online payment systems (for the transfer of cash). Ramp does not provide a settlement platform on its own and is not liable for any errors or delays in functioning of settlement systems. User is also obligated to check whether a transfer of digital assets may be successfully effectuated to the crypto asset address that they indicated to Ramp (some wallet providers may impose limits to that respect, which may result in the crypto currency being released by Ramp but not accepted to the crypto currency wallet, for which Ramp will not be liable and in such a case the service will be considered rendered).
- Blockchain transactions are irreversible, and any information stored in blockchain will remain there, with no possibility of deleting or withdrawing it. Your blockchain address and certain data will be displayed permanently and publicly. You agree to relinquish any right of rectification or to the erasure of personal data, which is not possible on the blockchain.
- In a case that the user does not pass the necessary checks (CDD - Customer Due Diligence for AML Purposes) but has already initiated the transfer of the fiat money, the fiat money will be returned to them unless prohibited by laws.
- No advice
- The information provided on Ramp Application does not constitute any sort of advice, and you should not treat any of the site’s content as such.
- Ramp is not directly affiliated with or responsible for any cryptocurrency, token, or other digital asset and cannot be held liable with respect to either the price or features of such assets or your losses of them. Trading in and/or exchanging digital assets may involve risk. Ramp does not recommend that any asset be bought, sold, or held by you. Do conduct your own due diligence and consult your financial advisor before making any investment decisions.
- Intellectual property
- You are not allowed to copy any part of Ramp Application or its code without Ramp’s prior explicit consent.
- No intellectual property rights to Ramp Application are transferred to User. No license is granted to User, unless it is explicitly stated in these Global Terms of Service. The User is entitled to use Ramp Application only for the purpose of initiating transactions that may be carried out through Ramp Application.
- Limits on trades
- Trades on Ramp Application maybe subject to certain limits (minimum and maximum). Ramp may set such limits at its own discretion and change them from time to time.
- Fees and Expenses
- Fees
- Ramp Application may involve several types of fees paid by its users:
- Ramp fee;
- third party fee;
- All fees will be included in the purchase price for crypto assets disclosed to the User in Ramp Application.
- Certain transaction fees may be charged by other service providers, including your account servicing payment services provider.
- If the trade failed or expired due to lack of payment by the User (Ramp is entitled to set expiry period at its own discretion), no fee is charged.
- Depending on the context in which you use Ramp Application, i.e. on third-party websites, an additional fee may be accrued for a third party. This fee will also be disclosed in Ramp Application and you will always know what is the total amount of fees.
- Fees concerning particular trade cannot be changed after the offer has already been claimed; however, Ramp retains right to change rules regarding fees in the future.
- Other Costs
- Apart from the fees mentioned above, trades may require covering other costs (network fees) connected to the correct settlement of trades via blockchain.
- Please also note that transactions (and certain operations connected to them) will be recorded on blockchain and will require the so-called 'network fee' (in some cases called ‘gas’). This is a dedicated amount of crypto currency covering the cost of running operations on blockchain. Such costs may change subject to factors such as network congestion and infrastructure operator’s behaviour. User is required to bear the costs of network fee. Ramp will inform User in Ramp Application about the quantity of the network fee related to a particular transaction before User decides to proceed with a transaction.
- Amount of ‘network fee’ paid or types of transactions require ‘network fee’ may vary. You can find more information about ‘network fee’ on this website.
- If the network fee varies substantially from the moment of you requesting the transaction and the moment of initiation of digital asset transfer, we may cancel the transaction and send the fiat money back to you or we may contact you to suggest new terms of transaction.
- Restrictions and User warranties
- Ramps Application may not be used by certain categories of people or entities as per the below.
- By accessing our application, you confirm the following:
- your jurisdiction allows you to use Ramp Application and you are neither a citizen nor a resident of (including tax residency), nor are you currently located in any of the following states or territories or any entity formed under the laws of: Afghanistan, Central African Republic, China, Cote d'Ivoire, Cuba, Democratic Republic of Congo, Eritrea, Guinea-Bissau, Iran, Iraq, Lebanon, Liberia, Mali, Myanmar, North Korea, Pakistan, Saudi Arabia, Somalia, South Sudan, Sudan, Syria, Trinidad and Tobago, Uganda, Vanuatu, Yemen, Zimbabwe.
- you are neither on any of the U.S. Treasury Department’s Office of Foreign Asset Control’s sanctions lists, the U.S. Commerce Department's Consolidated Screening List; the EU consolidated list of persons, groups or entities subject to EU financial sanctions, nor do you act on behalf of a person sanctioned thereunder or a U.S.-, EU- or UN-sanctioned state, nor are you or do you act on behalf of a person sanctioned by any other international body or organisation;
- you will not be using Ramp Application to trade or exchange tokens or other digital assets that are either regulated securities, derivatives or financial instruments or proceeds of criminal or fraudulent activity, and you are aware that any use of such assets may be an infringement of the Global Terms of Service and applicable laws or regulations;
- you are entitled to manage and operate the online account that is used to connect with Ramp Application and that no other person can access or use it on your behalf;
- you are not using any automated system to access Ramp Application in a manner that sends more request messages to Ramp Application servers than a human can reasonably produce in the same period by using a conventional online web browser;
- you meet the functionality and compatibility requirements mentioned in paragraph 11 below;
- you give us your express consent to begin supply of the digital content and our services to you before the end of the 14-day period, you waive your right to cancel that you may have under the applicable regulations (if you are a consumer) and you acknowledge that said right to cancel will be lost; and
- you are over 18 years old.
- You are prohibited from interacting with Ramp Application in cases where your jurisdiction disallows our exclusions of liability or applies mandatory laws overriding the Global Terms of Service or any of its provisions. You are responsible for compliance with all of the applicable laws, regulations applicable to you.
- Functionality, compatibility and technical protection
- Ramp Application operates on the latest 3 versions of desktop Chrome, Firefox , and Opera.
- In order to properly sign in to and use Ramp Application, the system used by User must be properly supported by the browser on which Ramp Application operates.
- Supported workstations may include any workstation that can properly run the internet browsers supported by Ramp Application, save for mobile devices, which may not properly display the current version of our interface.
- Due to technical reasons, Ramp Application can only be used in connection with certain methods of fiat money payment orders; other means of payment may not be recognized by our systems. Ramp works on adding new methods of payment. However, we do not guarantee the availability of all of methods at all times or the availability of all payment providers. You will be informed about payment methods available to you in Ramp Application panel once you provide us with information on your location or where your payment provider is registered. We also bear no responsibility over the processing done by payment providers.
- Ramp intends to develop the list of digital assets supported by Ramp Application. All available assets will be displayed to you once you visit Ramp Application. Ramp cannot, however, guarantee availability of each digital asset in every jurisdiction nor liquidity of each and all digital assets at all times. Ramp reserves the right to shape the digital assets catalogue in Ramp Application at its own discretion.
- In extreme cases (e.g. suspicion of fraud or whenever we are required to do so by law), we may suspend access to Ramp Application with respect to particular crypto asset addresses, bank account or a particular person.
- Security
- We use industry-standard encryption methods to ensure the security of your data in accordance with applicable laws and regulations, but we cannot guarantee the full security of any data transmitted to payment services providers or Ramp. We take reasonable precautions to ensure that your data is not lost, misused, accessed, disclosed, altered or destroyed. If you have reason to believe that your personal data is no longer secure please contact us immediately at support@ramp.network.
- You are solely responsible for safekeeping your wallet and private information, including your private key, and you recognise and agree to use Ramp Application at your own risk.
- Ramp Application will never ask you to provide your payment account password.
- You should ensure that your computer is free from and shall not introduce into the Ramp Application any malicious software. Prior to using our application, you are required to install up-to-date, industry-standard and comprehensive anti-virus software to seek to prevent the introduction of any malicious software into Ramp Application.
- Updates and Amendments
- The Global Terms of Service may be regularly reviewed and updated as required. Each document comprising the Global Terms of Service will include information on when it was last reviewed. Please observe what version of the Global Terms of Service applies to you before you enter into any transaction using Ramp Application.
- With respect to any particular trade, a User will be bound by the Global Terms of Service that applied on the date of creation of an offer (i.e. submission by User of a request to perform a transaction in Ramp Application)
- We may, without prior notice and liability, and for any reason:
- stop providing Ramp Application or any of its features to you or to Users in general;
- change technical solutions used in Ramp Application;
- create usage limits for Ramp Application; or
- permanently or temporarily terminate or suspend your access to Ramp Application.
- In particular, we may terminate or suspend your access to Ramp Application if you claimed a number of offers and despite communicating interest have not paid the purchase price with regards to the respective trades.
- Unless a representation, which may be subject to change without notice from time to time, is expressed to be given at a specific date, each representation is deemed to be repeated by you each time you access Ramp Application. When a representation is repeated, it is applied to the circumstances existing at the time of repetition. You accept that Ramp does not hold an obligation to verify your status with respect to your representations or obligations under the Global Terms of Service.
- Liability
- Ramp shall not be liable in any way to you or to any other person for the truthfulness, completeness, reliability and accuracy of account information or any other information or data it receives from third parties, including you and your payment service providers. We shall not be required to make any investigation into and shall be entitled in good faith without incurring any liability to assume (without requesting evidence thereof) the validity, authenticity and veracity of any documents, information, declarations or notices received with respect to providing services under Ramp Application. In this respect, we fully rely on the data providers involved and are not obliged to independently verify the information we receive.
- Ramp shall not be liable in any way to you or any other person with respect to any claim arising in relation to these Global Terms of Service, save in the case of grossly negligent actions or omissions. Ramp will under no circumstances be liable to you for indirect punitive or consequential loss of any kind whatsoever (including but not limited to loss of profits, business, goodwill or opportunity), whether or not foreseeable, even if advised of the possibility of such loss or damage and regardless of the form of action.
- RAMP APPLICATION IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH RAMP APPLICATION OR THE USE OR OTHER DEALINGS IN RAMP APPLICATION.
- Since Ramp Application is provided on “as is” basis, we do not guarantee an error-free process. Every effort is made to keep the website up and running smoothly. However, Ramp takes no responsibility for, and will not be liable for, the website becoming temporarily unavailable, especially due to technical issues beyond our control, nor will we accept any responsibility for money or tokens being lost because of transactions working improperly or a systems failure. The possibility of performing transactions may be temporarily unavailable in case of liquidity issues for which we take no responsibility. Additionally, we accept no responsibility for and cannot guarantee the reliability of either payment services provider that a user chooses in order to use Ramp Application.
- Customer Support
If you have any questions, require further information and/or would like to file a complaint, please refer to the Customer Support and Complaints Handling Policy, where you will find our detailed customer support procedures.
- Indemnification
- You will indemnify and hold harmless Ramp (including its officers, employees and/or agents) and/or any parties taking part in the transaction against any claims, actions, and/or costs that arise out of or in connection with either you breaching the Global Terms of Service or bearing the costs of any transaction or operation (e.g. cost of ‘network fee’) undertaken under Ramp Application, to the fullest extent permitted by law.
- The indemnities provided for in this Clause shall survive the termination of the Global Terms of Service, and we (and our officers, employees and agents) shall retain the benefit of Clause 16.1 above, notwithstanding the resignation or replacement of our officers, employees and agents.
- Governing law
Unless expressed otherwise or inadmissible by law, all documents and contractual rights and obligations arising in relation to Ramp Application are governed by laws of England and Wales and subject to the jurisdiction of London, England courts. In the case of English law being applicable without a possibility of derogation, no person shall have any right to enforce any provision of the Global Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
- Severability
- Without prejudice to any other provision hereof, if one or more provisions hereof is or becomes invalid, illegal or unenforceable for any reason, in any jurisdiction or with respect to any party, such invalidity, illegality or unenforceability in such jurisdiction or with respect to such party or parties shall not, to the fullest extent permitted by applicable law, render invalid, illegal or unenforceable such provision or provisions in any other jurisdiction or with respect to any other party or parties hereto. Such invalid, illegal or unenforceable provisions shall be replaced by the parties with a provision which comes as close as reasonably possible to the commercial intentions of the invalid, illegal or unenforceable provision – in particular, by publishing new Global Terms of Service by Ramp.
- For the avoidance of doubt and without affecting the generality of the foregoing, it is hereby agreed that any invalidity, illegality or unenforceability of any other document regulating the bilateral rights and obligations of the parties (including the Privacy Policy) or any amendment thereto, in any jurisdiction or with respect to any party or parties, shall not affect the validity, legality or enforceability of the Global Terms of Service in any jurisdiction and with respect to any party.
- Entire Agreement
- Global Terms of Service constitute a complete and exclusive agreement between you and Ramp. As of the date of their execution, they supersede and terminate all prior agreements, arrangements, terms, policies and/or understandings between you and Ramp in relation to Ramp Application, save for other terms of policies (including the Privacy Policy) still in force according to our website and the Global Terms of Service.
- In the event of inconsistency or discrepancy between the Global Terms of Service and any other document accompanying it, the Global Terms of Service shall prevail.
- Termination and suspension of services
- User can resign from transaction at any moment prior to ordering a fiat transfer at their payment services provider, simply by not doing anything. However, if you initiate many transactions and abandon them, we may block the possibility of you initiating transactions in Ramp Application.
- User is obligated to notify Ramp immediately of any unauthorised use of his account, personal data, e-mail address, payment account, or any other breach of security by email to support@ramp.network. Any User who violates these rules may be terminated and hereafter held liable for losses incurred by Ramp or another User.
- At any time, Ramp, subject to its sole discretion is entitled to terminate User’s access to Ramp Application, including Ramp’s right to:
- refuse processing, cancel and reverse any transaction, regardless of if corresponding funds have been debited from your payment method;
- suspend, restrict or terminate a Ramp Application User.
- Upon any suspension, termination or cancellation of a transaction, Ramp is under no obligation to allow User to reinstate such a transaction and may not provide User the same price or same terms as any cancelled transaction.
U.S. Terms of Service
Last Updated: February 16, 2022
Important information
Prior to obtaining access to the Services, please read this U.S. Terms of Service carefully and ensure that you understand each provision. These U.S. Terms of Service comprise an agreement between you (also referred to herein as “User” or customer) Ramp ( “Ramp Application” or “Services”). This U.S. Terms of Service governs your use of the services provided by Ramp described below. By accepting these U.S. Terms of Service, you confirm that you have read, understand, and accept all of the terms and conditions contained in this U.S. Terms of Service, including Section 16, “Arbitration; Waiver of Class Action”. These U.S. Terms of Service apply to United States territory.
If you are unable to comply with this U.S. Terms of Service, please do not use our Ramp Application. Failure to comply with this directive may result in a violation of the applicable laws or regulations. When in doubt, you can always contact us at: support@ramp.network
Please also note that by accepting this U.S. Terms of Service you give us your express consent to begin supply of the digital content and our Services to you before the end of the 14-day period, you waive your right to withdraw from the Agreement that you may have under the applicable regulations (if you are a consumer) and you acknowledge that said right to cancel will be lost.
As with any asset, the value of digital currencies can go up or down and there can be substantial risk that you lose money buying, selling, holding or investing in digital currencies. You should carefully consider whether selling, holding or buying digital currencies is suitable for you given your financial condition.
Ramp is registered with U.S. Department of the Treasury’s Financial Crimes Enforcement Network as a money services business. Ramp does not offer securities in the United States or to U.S. persons and, accordingly is not registered with the U.S. Securities and Exchange Commission. All digital assets bought and sold through the Services are unregulated crypto assets.
- Ramp - who we are
- Ramp Application and Services is offered to you by Ramp Swaps LLC (a U.S. limited liability company), with its registered office address 8 The Green, STE B, Dover, Country of Kent, DE 19901 ('Ramp Swaps LLC').
- Customer support and technical issues are handled by Ramp Network sp. z o.o. (Polish limited liability company) with its registered office in Warsaw at Aleje Jerozolimskie no. 181B, 02-222 Warsaw, Poland, entered in the register of entrepreneurs maintained by the District Court for the capital city of Warsaw, 12th Commercial Division of the National Court Register (KRS) under number: 0000706690, Tax Identification Number (NIP): 7010780606, address of correspondence: Wioślarska 8, 00-411 Warsaw, Poland, email address: contact@ramp.network ('Ramp Network').
- Ramp Swaps LLC and Ramp Network shall be jointly referred to as 'Ramp'.
- For more information on Ramp Network, please see our website: https://ramp.network/
- Registration and logging in
- Registration and logging in to Ramp Application is possible via the following website: https://ramp.network/.
- In order for the User to register or log in to Ramp Application, such User needs to provide information required by Ramp Application, including email. You guarantee to use only one account (one e-mail address) of your own and promise not to use or access any other person’s or entity's account or impersonate any other person or entity at any time or assist others in gaining unauthorized access to the Services. If Ramp identifies that a person or entity is using multiple accounts or e-mails, it may block such user and suspend provision of Services to such User.
During registration for the Ramp Application, you agree to provide all requested information for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Ramp Application. Your access to one or more Services and the limits that apply to your use of the Services, may be altered as a result of information collected about you on an ongoing basis. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. See our Privacy Policy > for how we treat your data.
- At all times Ramp may request further information where it's necessary, including in the event of any suspicious activity related to the User or any transaction, for example ID and authenticating documents, and may freeze any transactions that are pending during the review. Ramp, in its sole discretion, may refuse to carry out or intermediate in carrying out transactions that it considers suspicious.
- Ramp Application – service description
- Ramp Application allows its Users to purchase and sell supported digital assets (such as tokens or cryptocurrencies) for fiat money.
- In order to request a transaction User must use Ramp Application and:
- fill in details required by Ramp Application (such us, how much digital assets he wants to purchase or sell or what amount of fiat money User wants to spend or receive on a transaction, which digital asset User want to purchase or sell);
- choose payment methods from methods made available by Ramp to or from a given User and provide payment details;
- accept the fees (you do this by clicking the “proceed” button on the screen where transaction details are displayed);
- provide and/or verify your wallet address;
- confirm that you want Ramp to transfer digital assets to you or accept your transfer of digital assets to Ramp.
- When you purchase crypto from Ramp, the Ramp Application will present you the blockchain address to which the digital assets should be transferred based on information obtained either from you or the host application you used to launch the widget. You are obliged to verify whether such blockchain address that has been disclosed in the application is the correct one. You are obligated to provide a crypto asset address that is owned by you and is under your full control and authorization, to which digital assets will be transferred. You represent that the crypto asset address is solely under your control.
- Ramp is not responsible for any inaccuracy in the data provided by User. User is obliged to check all the information before submitting it to Ramp. Blockchain transactions are irreversible and Ramp will not be able to reverse any transactions already executed in case User made a mistake in the provided data or instruction.
- For purchases from Ramp, the digital assets will be sent to the wallet address provided by the User after Ramp receives the purchase price from the User. The purchase price includes the price for digital assets and all applicable fees as set out in these Terms of Service. The time of settlement may differ depending on the method of payment you use or the payment service provider that you use. Ramp reserves the right to cancel a transaction if we do not receive fiat money in due time (Ramp may set up this time at its own discretion). If the fiat money sent by you is settled on Ramp’s account after a transaction request is terminated by Ramp, Ramp will resend the fiat money to you. You may have to bear the costs associated with the reverse transaction of fiat money.
- The service within Ramp Application is considered rendered by Ramp if the following occurs:
- Ramp receives the request from User to initiate a transaction.
- Ramp initiates the release of crypto assets to the crypto asset address indicated by User. You confirm that you understand that due to the nature of crypto currency addresses, it is not possible to get a refund or re-enter a different address once a transaction is initiated and you are solely responsible to introduce a correct address.
- Ramp verifies that a payment in fiat for crypto assets has been initiated by User and that the purchase price was settled on Ramp’s payment account;
- Ramp initiates the transfer of digital assets to the crypto asset address indicated by User.
- The fiat money transfer from the User shall meet the following requirements:
- the price paid needs to be exactly equal to the purchase price indicated in the Ramp Application;
- the reference title of the fiat money transfer needs to be identical to the reference provided by Ramp Application.
- Failure to meet any of the requirements mentioned above may result in Ramp not being able to perform a digital asset transaction. In particular, the following may happen:
- Transferred amount of fiat money does not exactly equal purchase price – in such a case Ramp Application may be unable to confirm that the purchase has been paid correctly; in this case Ramp may not perform a transaction and will resend the fiat money to User; this may also apply to a situation in which the amount paid by User exceeds the agreed purchase price. Please note, that Ramp may at its own discretion perform a digital asset transaction in case that the fiat money transfer is lower or higher that the purchase price. In such a case, a proportional amount of digital assets will be transferred to User as well as any fees may be increased.
- Reference title of the fiat money transfer is not identical to the reference provided by Ramp Application – in such a case Ramp Application may not recognize that you performed the transfer and not associate it with your transaction. Once Ramp identifies such issue or such issue is brought to Ramp’s attention, Ramp may at its own discretion resend the fiat money to you or proceed with performance if a transaction.
- In any of the above-described cases you may be required at Ramp’s discretion to bear the costs of resending fiat money to you.
- Ramp Application and the services that we provide under it are digital in nature. Therefore, both the features and the risks connected to digital businesses will apply accordingly to Ramp Application and its users. This means, in particular, that certain software and hardware qualities may be required in order to properly sign in to and use Ramp Application; and
- Trades are usually settled using blockchain (for the transfer of crypto assets; for more information on blockchain see this site) and online payment systems (for the transfer of cash). Ramp does not provide a settlement platform on its own and is not liable for any errors or delays in functioning of settlement systems. User is also obligated to check whether a transfer of digital assets may be successfully effectuated to the crypto asset address that they indicated to Ramp (some wallet providers may impose limits to that respect, which may result in the crypto currency being released by Ramp but not accepted to the crypto currency wallet, for which Ramp will not be liable and in such a case the service will be considered rendered).
- Blockchain transactions are irreversible, and any information stored in blockchain will remain there, with no possibility of deleting or withdrawing it. Your blockchain address and certain data will be displayed permanently and publicly. You agree to relinquish any right of rectification or to the erasure of personal data, which is not possible on the blockchain.
- In a case that the user does not pass the necessary checks (CDD - Customer Due Diligence for AML Purposes) but has already initiated the transfer of the fiat money, the fiat money will be returned to them unless prohibited by laws.
- No advice
- The information provided on Ramp Application does not constitute any sort of advice, including but not limited to, investment, tax or legal advice, and you should not treat any of the site’s content as such.
- Ramp is not directly affiliated with or responsible for any cryptocurrency, token, or other digital asset and cannot be held liable with respect to either the price or features of such assets or your losses of them. Trading in and/or exchanging digital assets may involve risk. Ramp does not recommend that any asset be bought, sold, earned or held by you. Do conduct your own due diligence and consult your financial advisor before making any investment decisions. Ramp will not be held responsible for the decisions you make to buy, sell, or hold digital currency. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Ramp Application, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
- Intellectual property
- You are not allowed to copy any part of Ramp Application or its code without Ramp’s prior explicit consent.
- Ramp grants you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Ramp Application, website, Ramp Application and related content, materials, information (collectively, the "Content") solely for purposes approved by Ramp from time to time. Any other use of the Ramp Application or the Content is expressly prohibited and all other right, title, and interest in the Ramp Application or Content is exclusively the property of Ramp and its licensors. You agree you will not 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 without the prior written consent of Ramp. "ramp.network,” "rampnetwork.recruitee.com,” or any other websites, pages, features, and logos related to the Ramp Application are either trademarks or registered marks of Ramp or its licensors. You may not copy, imitate or use them without Ramp's prior written consent.
- Limits on trades
Trades on Ramp Application maybe subject to certain limits (minimum and maximum). Ramp may set such limits at its own discretion and change them from time to time.
- Fees and Expenses
- Fees
- Ramp Application may involve several types of fees paid by its users:
- Ramp fee;
- third party fee;
- All fees will be included in the purchase price for crypto assets disclosed to the User in Ramp Application.
- Certain transaction fees may be charged by other service providers, including your account servicing payment services provider.
- If the trade failed or expired due to lack of payment by the User (Ramp is entitled to set expiry period at its own discretion), no fee is charged.
- Depending on the context in which you use Ramp Application, i.e. on third-party websites, an additional fee may be accrued for a third party. This fee will also be disclosed in Ramp Application and you will always know what is the total amount of fees.
- Fees concerning particular trade cannot be changed after the offer has already been claimed; however, Ramp retains right to change rules regarding fees in the future.
- Other Costs
- Apart from the fees mentioned above, trades may require covering other costs (network fees) connected to the correct settlement of trades via blockchain.
- Please also note that transactions (and certain operations connected to them) will be recorded on blockchain and will require the so-called 'network fee' (in some cases called ‘gas’). This is a dedicated amount of crypto currency covering the cost of running operations on blockchain. Such costs may change subject to factors such as network congestion and infrastructure operator’s behaviour. User is required to bear the costs of network fee. Ramp will inform User in Ramp Application about the quantity of the network fee related to a particular transaction before User decides to proceed with a transaction.
- Amount of ‘network fee’ paid or types of transactions require ‘network fee’ may vary. You can find more information about ‘network fee’ on this website.
- If the network fee varies substantially from the moment of you requesting the transaction and the moment of initiation of digital asset transfer, we may cancel the transaction and send the fiat money back to you or we may contact you to suggest new terms of transaction.
- Restrictions and User warranties
- Ramp Application may not be used by certain categories of people or entities as per the below.
- By accessing our application, you confirm the following:
- your jurisdiction allows you to use Ramp Application and you are neither a citizen nor a resident of (including tax residency), nor are you currently located in any of the following states or territories or any entity formed under the laws of: Saudi Arabia, Sri Lanka, Tunisia, Guyana, Vanuatu, Algeria, China, Bosnia and Herzegovina, Ethiopia, Trinidad and Tobago, Bangladesh, Venezuela, Ghana, Panama, Nigeria, Bahamas, Cambodia, Lao People's Democratic Republic, Mongolia, Pakistan, Syrian Arab Republic, Virgin Islands (U.S.), Botswana, Uganda, American Samoa, Guam, Puerto Rico, Afghanistan, Myanmar, Central African Republic, Somalia, Iran, Iraq, Libya, South Sudan, Sudan, North Korea, Yemen, Zimbabwe, Syria.
- you are neither on any of the U.S. Treasury Department’s Office of Foreign Asset Control’s sanctions lists, the U.S. Commerce Department's Consolidated Screening List; the EU consolidated list of persons, groups or entities subject to EU financial sanctions, nor do you act on behalf of a person sanctioned thereunder or a U.S.-, EU- or UN-sanctioned state, nor are you or do you act on behalf of a person sanctioned by any other international body or organisation;
- you will not engage in any activity that would violate, or assist in violation of any law, statute, ordinance, or regulation, or sanctions programs where Ramp conducts business or that would involve proceeds of any unlawful activity or that would involve publishing, distributing or disseminating any unlawful material or information;
- you will not engage in actions that impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Ramp website that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Ramp Application or Ramp wesbite, other Ramp Accounts, computer systems or networks connected to the Ramp wesbite, through password mining or any other means; use Ramp Account information of another party to access or use the Ramp wesbite or Ramp Application; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Ramp;
- you will not engage in activity which operates to defraud Ramp, Ramp users, or any other person; provide any false, inaccurate, or misleading information to Ramp;
- you will not be using Ramp Application to trade or exchange tokens or other digital assets that are either regulated securities, derivatives or financial instruments or proceeds of criminal or fraudulent activity, and you are aware that any use of such assets may be an infringement of the Agreement and applicable laws or regulations;
- you are entitled to manage and operate the online account that is used to connect with Ramp Application and that no other person can access or use it on your behalf;
- you are not using any automated system to access Ramp Application in a manner that sends more request messages to Ramp Application servers than a human can reasonably produce in the same period by using a conventional online web browser;
- you meet the functionality and compatibility requirements mentioned in paragraph 10 below;
- you give us your express consent to begin supply of the digital content and our services to you before the end of the 14-day period, you waive your right to cancel that you may have under the applicable regulations (if you are a consumer) and you acknowledge that said right to cancel will be lost; and
- you are over 18 years old.
- You are prohibited from interacting with Ramp Application in cases where your jurisdiction disallows our exclusions of liability or applies mandatory laws overriding the Agreement or any of its provisions. You are responsible for compliance with all of the laws, regulations, rules, ordinances and orders applicable to you.
- Functionality, compatibility and technical protection
- Ramp Application may not be used by certain categories of people or entities as per the below.
- In order to properly sign in to and use Ramp Application, the system used by User must be properly supported by the browser on which Ramp Application operates.
- Supported workstations may include any workstation that can properly run the internet browsers supported by Ramp Application, save for mobile devices, which may not properly display the current version of our interface.
- Due to technical reasons, Ramp Application can only be used in connection with certain methods of fiat money payment orders; other means of payment may not be recognized by our systems. Ramp works on adding new methods of payment. However, we do not guarantee the availability of all of methods at all times or the availability of all payment providers. You will be informed about payment methods available to you in Ramp Application panel once you provide us with information on your location or where your payment provider is registered. We also bear no responsibility over the processing done .by payment providers.
- Ramp intends to develop the list of digital assets supported by Ramp Application. All available assets will be displayed to you once you visit Ramp Application. Ramp cannot, however, guarantee availability of each digital asset in every jurisdiction nor liquidity of each and all digital assets at all times. Ramp reserves the right to shape the digital assets catalogue in Ramp Application at its own discretion.
- In extreme cases (e.g. suspicion of fraud or whenever we are required to do so by law), we may suspend access to Ramp Application with respect to particular crypto asset addresses, bank account or a particular person.
- Security
- We use industry-standard encryption methods to ensure the security of your data in accordance with applicable laws and regulations, but we cannot guarantee the full security of any data transmitted to payment services providers or Ramp. We take reasonable precautions to ensure that your data is not lost, misused, accessed, disclosed, altered or destroyed. If you have reason to believe that your personal data is no longer secure or if you become aware of any fraud or attempted fraud or other security incident (including a cyber-security attack) effecting you and/or Ramp (together a “Security Breach”), you must notify us immediately by email at support@ramp.network or by calling us at [insert number] and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.You are solely responsible for safekeeping your wallet and private information, including your private key, and you recognise and agree to use Ramp Application at your own risk.
- Ramp Application will never ask you to provide your payment account password.
- You should ensure that your computer is free from and shall not introduce into the Ramp Application any malicious software. Prior to using our application, you are required to install up-to-date, industry-standard and comprehensive anti-virus software to seek to prevent the introduction of any malicious software into Ramp Application.
- Updates and Amendments
- We may amend or modify this Agreement at any time by posting the revised agreement on the Remp Site and/or providing a copy to you (”Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that Ramp shall not be liable to you or any third party for any modification or termination of the Ramp Application, or suspension or termination of your access to the Ramp Application, except to the extent otherwise expressly set forth herein. If the Revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective. With respect to any particular trade, a User will be bound by the Terms of Service that applied on the date of creation of an offer (i.e. submission by User of a request to perform a transaction in Ramp Application)
- We may, without prior notice and liability, and for any reason:
- stop providing Ramp Application or any of its features to you or to Users in general;
- change technical solutions used in Ramp Application;
- create usage limits for Ramp Application;
- or permanently or temporarily terminate or suspend your access to Ramp Application.
- In particular, we may terminate or suspend your access to Ramp Application if you claimed a number of offers and despite communicating interest have not paid the purchase price with regards to the respective trades.
- Unless a representation, which may be subject to change without notice from time to time, is expressed to be given at a specific date, each representation is deemed to be repeated by you each time you access Ramp Application. When a representation is repeated, it is applied to the circumstances existing at the time of repetition. You accept that Ramp does not hold an obligation to verify your status with respect to your representations or obligations under the Agreement.
- Liability
- Ramp shall not be liable in any way to you or to any other person for the truthfulness, completeness, reliability and accuracy of account information or any other information or data it receives from third parties, including you and your payment service providers. We shall not be required to make any investigation into and shall be entitled in good faith without incurring any liability to assume (without requesting evidence thereof) the validity, authenticity and veracity of any documents, information, declarations or notices received with respect to providing services under Ramp Application. In this respect, we fully rely on the data providers involved and are not obliged to independently verify the information we receive.
- Ramp shall not be liable in any way to you or any other person with respect to any claim arising in relation to these Terms of Service, save in the case of grossly negligent actions or omissions. Ramp will under no circumstances be liable to you for indirect punitive or consequential loss of any kind whatsoever (including but not limited to loss of profits, business, goodwill or opportunity), whether or not foreseeable, even if advised of the possibility of such loss or damage and regardless of the form of action.IN NO EVENT SHALL RAMP, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, 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 RAMP APPLICATION OR THE RAMP SITE, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RAMP HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF RAMP’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT RAMP FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- THE RAMP APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAMP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. RAMP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE RAMP APPLICATION, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. RAMP DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE RAMP APPLICATION AND RAMP SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT RAMP WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, OR (C) INTERRUPTION IN ANY SUCH DATA.
- Since Ramp Application is provided on “as is” and “as available” basis, we do not guarantee an error-free process. Every effort is made to keep the website up and running smoothly. However, Ramp takes no responsibility for, and will not be liable for, the website becoming temporarily unavailable, especially due to technical issues beyond our control, nor will we accept any responsibility for money or tokens being lost because of transactions working improperly or a systems failure. The possibility of performing transactions may be temporarily unavailable in case of liquidity issues for which we take no responsibility. Additionally, we accept no responsibility for and cannot guarantee the reliability of either payment services provider that a user chooses in order to use Ramp Application.
- Customer Support
If you have any questions, require further information and/or would like to file a complaint, please refer to the Customer Support and Complaints Handling Policy, where you will find our detailed customer support procedures.
- Arbitration; Waiver of Class Action
- If we cannot resolve the dispute through the Complaint Handling Policy, you and we agree that any dispute arising out of or relating to this Agreement or the Ramp Application, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf).
- This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.
- CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND RAMP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
- The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees.
- By agreeing to arbitration, the Parties do not intend to deprive New York courts, as stated below, of jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment or other temporary or interim order in aid of arbitration proceedings. In any such action, each of the parties hereto irrevocably and unconditionally (i) submits to the exclusive jurisdiction and venue of the United States District Court for the Southern District of New York located in New York County, New York, or, if such court does not have jurisdiction, the Supreme Court of the State of New York or any court of competent civil jurisdiction sitting in New York County, New York (“New York Courts”); (ii) waives, and agrees not to assert, by motion or otherwise, that it is not subject the jurisdiction and venue of such courts, that its property is exempt or immune from attachment or execution in the New York Courts, that such action is brought in an inconvenient forum, that the action should be transferred or removed to any court other than one of the New York Courts, that such action should be stayed by reason of the pendency of some other proceeding in any other court other than one of the New York Courts, or that this Agreement or the subject matter hereof may not be enforced in or by the New York Courts; (iii) consents to service of process in any manner provided for by applicable law; and (iv) WAIVES ANY RIGHT TO TRIAL BY JURY. Without prejudice to such provisional remedies as may be available under the jurisdiction of a court, the arbitral tribunal, or the emergency arbitrator to the extent and as provided in the Rules, shall have full authority to grant provisional remedies and to direct the parties to request that any court modify or vacate any temporary or preliminary relief issued by such court, and to award damages for the failure of any party to respect the arbitral tribunal’s orders to that effect.
- Indemnification
- You will indemnify and hold harmless Ramp (including its officers, directors, employees, agents, joint venturers, and representatives) and/or any parties taking part in the transaction against any claims, actions, demands, damages (actual and consequential) and/or costs of every kind and nature arising out of or in any way connected with disputes you have with one or more users of the Ramp Application. You agree to indemnify and hold Ramp, its affiliates and services providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party or your bearing the costs of any transaction or operation (e.g. cost of ‘network fee’) undertaken under Ramp Application.
- The indemnities provided for in this Clause shall survive the termination of the Agreement, and we (and our officers, directors, employees, agents, joint venturers and representatives) shall retain the benefit of Clause 16.1 above, notwithstanding their resignation or replacement.
- Governing law
Unless expressed otherwise, all documents and contractual rights and obligations arising in relation to Ramp Application are governed by laws of England and Wales, without regard to principles of conflicts of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Ramp, except to the extent governed by U.S. federal law.
- Severability
- Without prejudice to any other provision hereof, if one or more provisions hereof is or becomes invalid, illegal or unenforceable for any reason, in any jurisdiction or with respect to any party, such invalidity, illegality or unenforceability in such jurisdiction or with respect to such party or parties shall not, to the fullest extent permitted by applicable law, render invalid, illegal or unenforceable such provision or provisions in any other jurisdiction or with respect to any other party or parties hereto. Such invalid, illegal or unenforceable provisions shall be replaced by the parties with a provision which comes as close as reasonably possible to the commercial intentions of the invalid, illegal or unenforceable provision – in particular, by publishing new Agreement by Ramp.
- For the avoidance of doubt and without affecting the generality of the foregoing, it is hereby agreed that any invalidity, illegality or unenforceability of any other document regulating the bilateral rights and obligations of the parties (including the Privacy Policy) or any amendment thereto, in any jurisdiction or with respect to any party or parties, shall not affect the validity, legality or enforceability of the Agreement in any jurisdiction and with respect to any party.
- Entire Agreement
- The Agreement constitutes a complete and exclusive agreement between you and Ramp. As of the date of their execution, they supersede and terminate all prior agreements, arrangements, terms, policies and/or understandings between you and Ramp in relation to Ramp Application, save for other terms of policies (including the Privacy Policy) still in force according to our website and the Agreement.
- In the event of inconsistency or discrepancy between the Agreement and any other document accompanying it, the Agreement shall prevail.
- General Provisions
- We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
- In the event that Ramp is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
- We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Ramp. Always log into Ramp Application through the Ramp website to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
- Although we intend to provide accurate and timely information on the Ramp website, the Ramp website (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Ramp website are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for Digital Currencies, is for informational purposes only and Ramp makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Ramp website.
- Please note, that your transaction will be settled by an external provider, independent from Ramp. Ramp excludes to the maximum permissible extent any responsibility for acts or omissions of such a provider. Before using an external provider’s services make sure you read its terms of service. Such terms of service will be accessible to you before initiating a transaction via a link. It will be possible to proceed with transactions only after you consent to such terms of service. Terms of service of the external service provider may be different compared to this Agreement.
- You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Ramp affiliates or subsidiaries, or to any successor in interest of any business associated with the Ramp Application. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Termination and suspension of services
- User can resign from transaction at any moment prior to ordering a fiat transfer at their payment services provider, simply by not doing anything. However, if you initiate many transactions and abandon them, we may block the possibility of you initiating transactions in Ramp Application.
- User is obligated to notify Ramp immediately of any unauthorised use of his account, personal data, e-mail address, payment account, or any other breach of security by email to support@ramp.network. Any User who violates these rules may be terminated and hereafter held liable for losses incurred by Ramp or another User.
- At any time, Ramp, subject to its sole discretion is entitled to terminate User’s access to Ramp Application, including Ramp’s right to:
- refuse processing, cancel and reverse any transaction, regardless of if corresponding funds have been debited from your payment method;
- suspend, restrict or terminate a Ramp Application User.
- Upon any suspension, termination or cancellation of a transaction, Ramp is under no obligation to allow User to reinstate such a transaction and may not provide User the same price or same terms as any cancelled transaction.