General FAQ
1. Contract
formation and overview
1.1 These
terms of use ( Terms ) govern the terms under which you may
make use of our website https://cashcoin.be ( Site ) operated by BP HOLDING. ( Company,
Cashcoin.be, we, our or us ) to provide peer-to-peer Digital Currency
( DC ) and Fiat Currency ( FC ) exchange
Services ( Services ). By accessing, browsing, or registering
(including filling in and submitting our application form) to use our site you
agree to be bound by these Terms.
1.2 To use
the Services you agree that you are over 18 years old and have legal capacity
to enter into this agreement. If you do not wish to be bound by the Terms then
do not proceed any further.
1.3 The
Company operates the site under the trade name
1.4 You can
contact the Company at our office or through our cashcoin.be. Our opening hours are Monday to Friday 09:00 to 17:00 GMT.
1.5 Our
fees are found on your personal dashboard.
1.6 By
using this Site you also consent to our privacy policy found CASHCOIN.BE .
1.7 We
currently only provide Services in the countries listed ON CASHCOIN.NE( Supported Countries ). The availability of
certain countries may change from time to time and without notice due to
regulatory requirements, conditions in the country or circumstances otherwise
beyond our control. Always check our Site for a list of currently available
countries.
1.8 Please
read these Terms carefully before you start to use our Site. Once you click to
accept these Terms, please print them on paper or in PDF and please keep these
safe. These Terms may change and if they do we will give you 60 days notice, at
the end of such notice period by using the Services you will be deemed to have
accepted the new Terms.
2. Services
and our Obligations
2.1 The
Services are designed to give you the opportunity to buy or sell DC for FC and
vice versa. You will not be able to exchange FC for other FC via the Site. You
agree to pay Cashcoin.be the Fees for the use of the Services.
2.2 Subject
to these Terms, Cashcoin.be agrees to provide the Services to you using
reasonable care. As stated above, the Services may not be available in whole or
in part in certain regions, countries, or jurisdictions.
3. Account
opening
3.1 You
will need to apply to open an account with us through the Site before you can
use the Services.
3.2 As part
of the account opening process you will be required to provide identification
information to ensure that we are dealing with an individual or legal entity.
This will include but not be limited to your: Name and Surname, Date of Birth,
Place of Birth, Sex, Address of Residence, Citizenship, Identity document type
and number, Country and Authority that issued the ID, date of expiry of ID. If
a company, then also Company name, Company Seat, Company identification number,
Board of directors names.
3.3 You
may, at any time and at our entire discretion, be required to provide
verification documentation to satisfy us that you are who you say you are. This
may include but not be limited to a copy of your passport, recent utility bill,
company documentation (if you register as a company) and/or bank statements.
During the verification period your account may, at our entire discretion, be
suspended. We reserve the right to verify the information you have provided to
us against independent third party databases to check the validity and accuracy
of the information you have provided to us.
3.4 We may
refuse your application for a number of reasons and are under no obligation to
inform you of the reasons behind the same.
3.5 Once
your account application has been approved you will be able to deposit, trade
and withdraw DC and FC. Cashcoin.be reserves the right to suspend your account
at any stage and request further information / documentation as may be
required. This maybe because you have reached one of our deposit, withdrawal or
trading thresholds. At this stage we may ask you to provide us with further
information surrounding your background in order, for example, to understand
more clearly your financial profile. You agree to cooperate with us in this
respect.
3.6 We
expressly reserve the right to cancel and/or terminate accounts that have not
been verified despite our good faith efforts to contact you seeking such
verification.
4. Depositing
4.1 You may
deposit DC or FC with us. You can deposit via the means indicated on These deposit methods may change from time to time.
4.2 You
will ensure that any deposit made to us via bank transfer contains the relevant
reference number on the payment instruction so that we can track the deposit on
our system.
4.3 Where
you are depositing via bank transfer you will transfer your FC to our pooled
bank accounts and we will add the amount received less deposit fee to your
trading account in the same currency.
4.4 The FC for trading on Cashcoin.be is Euros and Czech Crowns. Our deposit fees are indicated
4.5 If you
are depositing in DC, you warrant that the DCs you have acquired via legitimate
means and you may be required at any time to explain the source of these DC
funds.
5. Trading
5.1 By
default when trading, you set the price for your buy or sell order ( Limit
Order ). The trade then may be matched by other traders fully or
partially. Note that the trade may not be matched immediately as it depends on
the liquidity in the market. It may however be matched later.
5.2 When
entering a buy or sell order you can tick the option for an instant order
( Market Order ). In such case, you do not specify the price,
only the amount of FC or DC to be traded instantly. In such case the order will
be settled using all available counteroffers until the whole requested amount
of FC or DC was settled. You will be informed if there are not enough
counteroffers to settle the trade. The Instant Order carries a risk that it may
be settled for a price significantly higher or lower from the current market
price (depending on current counteroffers in the order book at the time of the
order).
5.3 We do
not guarantee that your orders will be fulfilled and we may, at our own
discretion, retract, withdraw an order put onto the market via our Site if it
is deemed suspicious, or for any other reason we deem relevant, to regulate the
orderliness of the market.
5.4 Where
you submit an Limit or Market Order we will publish that order and multiple
persons may decide to accept the offer at that price. You will not know who
those buyers or sellers are. At the settlement of the trade you will be able to
see a settlement report with the details of how your trade was matched.
5.5 You
will not be able to place an order on the Site if you do not have a sufficient
balance in your account to settle the trade and fees.
5.6 Once an
order has been submitted via the Site it will be cancellable until the order
has been filled. If part of the order has been filled then only the available
part of the order will be cancellable.
5.7 If your
account has been suspended by us, for whatever reason, any pending orders will
be cancelled immediately.
6.
Withdrawing
6.1 You may
withdraw from your account at any time. The time for withdrawals can depend on
the method used. A bank transfer may take up to 1-5 working days depending on
where you are located and the currency of the transfer.
6.2 Where
you are withdrawing via bank transfer we will transfer your FC from our pooled
bank accounts and the amount and fee will be deducted from your trading account
in the same currency.
6.3 You will
be required to pay for any fees we incur in transferring the funds to you. For
withdrawal fees . Most withdrawal requests made in DC will be processed
immediately but in some cases it may take up to 48 hours.
7. Limits
7.1 Deposits,
Withdrawals and Trading may be subject to limits of maximum allowed amounts per
24-hours. Some types of Deposits and Withdrawals may be subject to holding
periods (specified time during which the request remains on hold and will be
processed after the time period has passed).
8. Commission
8.1 You
(the Referrer ) may be paid a commission for referring new
clients to us. A website link (the Link ) will be available
for the Referrer to use to refer other users, whom we have not previously
provided Services to or whom have not registered on our site ( Prospective
Users ), to the Cashcoin.be website. If the Prospective Users sign up
and become a client ( New Client ) then we will pay the
Referrer a Commission (defined below) to the Referrer on our Net Income
(defined below) arising from the New Client trades subject to the terms set out
below.
8.2 As a
Referrer you will:
(a) act in good faith towards us;
(b) have no authority to bind us or represent us;
(c) not abuse this commission/ bonus scheme by, for
example, the creation of multiple accounts or otherwise;
(d) not act in a way to damage our reputation or
take advantage of it;
(e) act lawfully, including comply with bribery
laws, and ethically in the acquisition of Prospective Users;
(f) not establish a Link in such a way as to
suggest any form of association, approval or endorsement on our part where none
exists;
(g) do nothing to put us into disrepute such as
spam marketing or association with distasteful websites. If in doubt about
where to post the Link please contact us directly;
(h) ensure the website in which you are linking complies in all respects with the content standards set out
8.3 We may
ask you to provide full disclosure on where you have added the Link and you
will cooperate with our requests within 7 days. We reserve the right to
withdraw linking permission without notice. The Referral shall not, without our
prior written consent, make or give any representations, warranties or other
promises concerning the Cashcoin.be s services. You shall ask permission if you
intend to appoint other Referrers.
8.4 The
Referrer shall be entitled to Commission if a Prospective Client becomes a New
Client.
8.5 The
amount of commission payable shall not be less than 5% of the trading fees
payable made to us for the Services under a relevant contract less any value
added tax or other sales tax on them, any out of pocket expenses incurred by us
in providing the Services and any discounts or rebates granted by us (our Net
Income ) received under each relevant contract (as it may be renewed,
extended or amended) during a maximum period of 6 months from its commencement
date ( Commission ). Any other commission we provide to
you IS ENTIRELY AT OUR OWN DISCRETION AND DOES NOT CREATE ANY
CONTRACTUAL ENTITLEMENT BY YOU.
8.6 We will
only pay you the Commission once we have received the income from the New
Client. We will attempt to deliver you the Commission to you within a
reasonable period.
8.7 You are
responsible for any tax payable on the Commission you receive. You will inform
us if you are VAT registerable and we will therefore require from you an
invoice for the amount of the Commission. The amount of the invoice shall be
the Commission amount inclusive of VAT.
8.8 Any
other bonus scheme that we introduce is purely discretionary and does not
create any contractual entitlement by the recipient of the bonus whatsoever.
8.9 One of
our bonus schemes may relate to top traders on the Site. We may at our own
discretion decide to provide a bonus to top traders.
8.10 If we
have paid you Commission and it transpires that you have breached clause 8.2
all Commission paid to you will be refunded and no further Commission accrued
or future Commission will be payable to you. If you have already withdrawn
funds from your Account then we reserve the right to take legal action against
you to retrieve these amounts.
9. Wallet
9.1 All DC
will be held on your account in a wallet controlled by us. It is necessary for
us to have control over this wallet so that we can ensure that you are in a position
to settle trades you enter into.
9.2 Only a
very small part of held DC is stored in hot wallet on the server, just enough
for hourly processing. The rest of held DC is stored in cold wallets offline,
distributed geographically.
10. Risks
10.1 There are
a number of risks associated with DCs. The value of DCs may rise or fall
rapidly and therefore this may not be suitable for you as a store of value. If
the value falls substantially you may not be able to sell your DCs as there may
be less demand for it in the market.
10.2 You
should understand the risks of DCs and only use income you can afford to lose
when purchasing DCs. You agree that you understand these risks before using
these Services. If you are unsure about the risks involved then you should not
proceed any further.
10.3 By
using our Services you agree that you shall have no legal claim or right of
action against the Company or the Site in respect of any fall in the value of
DC.
10.4 DCs are
as-yet autonomous and unregulated digital systems. These systems rely on
peer-to-peer networking and cryptography to maintain its integrity. DC trading
is probably susceptible to irrational (or rational) bubbles or loss of
confidence, which could collapse demand relative to supply. For example,
confidence might collapse because of unexpected changes imposed by the software
developers or others, a government crackdown, the creation of superior
competing alternative currencies, or a deflationary or inflationary spiral.
Confidence might also collapse because of technical problems, if money is lost
or stolen, or if hackers or governments are able to prevent any transactions
from settling.
10.5 Our
business model, and our Service, consists of facilitating the buying, selling
and trading of DCs and their use to purchase goods in an unregulated,
international open payment system. The Services we provide are currently
unregulated within the UK.
10.6 There
may be additional risks that we have not foreseen or identified in our Terms of
Use.
11. Your
obligations
11.1 For
each Order that you submit, you agree to pay us the Fees. Payment becomes due
at the time that your order is matched by another user and they will be
deducted automatically from your account.
11.2 In
connection with your registration and use of the Services, you represent and
warrant that you will provide Cashcoin.be with true, accurate, current and
complete identity information and, where requested, further documentation to
verify your identity, and promptly update your personal information if and when
it changes.
11.3 When
you are depositing or withdrawing DC or FC under these Terms, it is your
responsibility to make sure all the transfer details are accurate before
submission. Once a transfer has been submitted for processing it is not
normally possible to change any of its details. You will be given the
opportunity to confirm transfers before submission and you must check the
details carefully. Please note that DC transactions are irreversible. We will
attempt to process any transfer request promptly but a transfer may be delayed
for a number of reasons, including your ability to provide us with correct
information and compliance with our identity verification procedures.
11.4 When
using the Services you will comply with these Terms as well as any applicable
laws, rules or regulations in force in any relevant jurisdiction. It is a
breach of these Terms to use the Services in connection with illegal activity
including without limitation money-laundering, fraud and the funding of
terrorist organisations or to use DC to circumvent any capital controls within
your home jurisdiction.
11.5 If you
use the Services in connection with illegal activity pursuant to clause 11.4, Cashcoin.be
may report you to any appropriate legal and/or regulatory authorities.
11.6 When
using the Site or Services you will not:
(a) open more than one account;
(b) provide false, inaccurate, or misleading
information;
(c) allow anyone else access to your registration
details; or
(d) refuse to provide confirmation of any
information you provide to us (including proof of identity), or refuse to
co-operate in any investigation, or use an anonymising proxy (a tool that
attempts to make activity untraceable).
11.7 You are
responsible for the payment of any taxes related to any revenue you generate on
Cashcoin.be.
12. Liability
12.1 Cashcoin.be
shall not be liable to users for:
(a) any failure to match an order on the Site or if
we do not post your order on the Site;
(b) process a withdrawal instruction by you where
the information has been provided to us is inaccurate;
(c) any failure to perform your instructions as a
result of circumstances which could reasonably be considered to be outside our
control;
(d) malfunctions in communications facilities which
cannot reasonably be considered to be under our control;
(e) any losses or delays in transmission of trade
orders arising out of the use of any internet services provider, or caused by
any browser or other software which is not under our control; or errors on the
Site or with the Services caused by incomplete or incorrect information provided
to us by you or a third party.
12.2 Cashcoin.be
will attempt to process an order promptly, but any order may be delayed or
cancelled for a number of reasons including but not limited to: our efforts to
verify your identity; to validate your transaction instructions; to contact
you; or otherwise to comply with applicable law; or due to variations in
business hours and currency availability. In such circumstances we shall not be
liable to you for any direct or indirect loss you may suffer or for any negligence
action.
12.3 Cashcoin.be
does not guarantee that our Site, or any content on it, will always be
available or be uninterrupted. Access to our Site is permitted on a temporary
basis. We may suspend, withdraw, discontinue or change all or any part of our
Site without notice. We will not be liable to you if for any reason our site is
unavailable at any time or for any period.
12.4 Cashcoin.be
shall have no responsibility for any fees or charges you may incur by the use
of a particular payment instrument to fund your account. These may include but
are not limited to unauthorised or authorised overdraft fees imposed by banks
if there are insufficient funds in your bank account.
12.5 Any
claim for compensation made by you and/or a recipient (who is not registered
with us) must be notified to us and supported by any available relevant
documentation.
12.6 We will
only accept liability for any loss by you up to a limit which is the greater
of: (a) the amount of any Services charged; and (b) GBP500, unless otherwise
agreed by us in writing. Our cap on our liability only limits a claim for loss
arising out of all activities conducted on the Site.
12.7 Nothing
in this clause Liability shall (a) exclude or limit liability on our part for
death or personal injury resulting from our negligence; or (b) exclude
liability for fraud committed by us.
12.8 You
agree to indemnify and hold harmless Cashcoin.be, our subsidiaries, affiliates,
officers, directors, employees, agents, independent contractors, advertisers,
partners, and co-branders from all loss, damage, claims, actions or demands,
including reasonable legal fees, arising out of your use or misuse of the Site
and Services, all activities that occur under your password or Account e-mail
login, your violation of these Terms (including but not limited to any breach
of your obligations in clause 8) or any other violation of the rights of
another person or party.
13.
Electronic communications
13.1 You
acknowledge that these Terms are entered into electronically and all
communications relating to the Services are provided by electronic means.
13.2 The
Services do not allow for communications to be provided in paper format or
through other non-electronic means.
13.3 In
order to access and use the Services you must have access to an internet
browser that supports 128-bit encryption, such as Mozilla Firefox version 30.0
or above , an email account capable of interfacing with Cashcoin.be s email
servers and a personal computer, operating system and telecommunications
connections to the Internet capable of supporting the Services.
14.
Investigation
14.1 We may
for any reason suspend your account. If we do we may ask you for further
documentation. We are under no obligation to release the funds to you during
this investigation process.
15.
Intellectual property
15.1 Cashcoin.be
s Site and Services, the content, and all intellectual property relating to and
contained in them (including but not limited to copyright, patents, database
rights, trademarks and Services marks) are owned by, or licensed to Cashcoin.be.
All right, title and interest in and to the Site and the Services shall remain
the property of Cashcoin.be and/or the property of such other third parties.
15.2 The
Site and Services may be used only for the purposes permitted by these Terms.
You may not duplicate, publish, modify, create derivative works from,
participate in the transfer or sale of, post on the internet, or in any way
distribute or exploit the Site or Services without Cashcoin.be s express
written permission.
16. Data
16.1 We are
registered with the Information Commissioner for the processing of the personal
data of our customers.
16.2 UK law
requires all financial institutions to assist in the fight against money
laundering activities and the funding of terrorism by obtaining, verifying, and
recording identifying information about all customers. We may therefore require
you to supply us with personal identifying information and we may also legally consult
other sources to obtain information about you.
16.3 By
accepting these Terms you authorise us to make any inquiries we consider
necessary to validate the information that you provide to us. We may do this
directly, for example by asking you for additional information, requiring you
to take steps to confirm ownership of your trade orders or email address; or by
verifying your information against third party databases; or through other
sources. All information provided by you will be treated securely and strictly
in accordance with the Data Protection Act 1998.
16.4 You
consent to our processing your personal information for the purposes of
providing the Services and you acknowledge that you have read and consented to Cashcoin.be
s Privacy Policy.
16.5 We may
be required by law to provide information about you and your activities on the
Site to government or other competent authorities as described in our Privacy
Policy.
17. Support
Interface
17.1 Sensitive
data should only be passed through the secure support interface available in
your signed-in user account ( Support Interface ). You are
advised to transmit any sensitive data or other communications to us via the
Support Interface. We are not responsible for sensitive data sent over email or
other communication channels.
17.2 Any
changes of account settings, information enquiries about trading, deposits,
withdrawals, account verification should be passed only through the Support
Interface. We will not provide you with sensitive information and we will not respond
to requests passed through any other communication channels.
17.3 If you
are unable to sign in or recover lost credentials, we are able to provide you
with a password recovery email.
17.
Acceptable Use
17.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy .
17.2 You
warrant that any such contribution does comply with those standards, and you
will be liable to us and indemnify us for any breach of that warranty. If you
are a consumer user, this means you will be responsible for any loss or damage
we suffer as a result of your breach of warranty.
17.3 Any
content you upload to our site will be considered non-confidential and
non-proprietary. You retain all of your ownership rights in your content, but
hereby grant us and other users of the Site a limited licence to use, store and
copy that content and to distribute and make it available to third parties.
17.4 We also
have the right to disclose your identity to any third party who is claiming
that any content posted or uploaded by you to our site constitutes a violation
of their intellectual property rights, or of their right to privacy.
17.5 We will
not be responsible, or liable to any third party, for the content or accuracy
of any content posted by you or any other user of our site.
17.6 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy .
17.7 The views
expressed by other users on our site do not represent our views or values.
19. Nicknames
and avatars
19.1 When
you sign up you will have a default nickname (for example Cashcoin.be_0001).
You can change this in account settings to a nickname of your choice (obscene
words both in obvious and veiled forms will be suspended). Your nickname has to
be unique.
19.2 You can
also upload an avatar (small picture) as their identification in account
settings (optional). Inappropriate avatars will be suspended.
19.3 Nicknames
and avatars may be used as user identification in Chat and top trader
publishing and some other places on the website.
20. Viruses
20.1 We do
not guarantee that our site will be secure or free from bugs or viruses.
20.2 You are
responsible for configuring your information technology, computer programmes
and platform in order to access our site. You should use your own virus
protection software.
20.3 You
must not misuse our site by knowingly introducing viruses, trojans, worms,
logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our site, the server on
which our site is stored or any server, computer or database connected to our
site. You must not attack our site via a denial-of-service attack or a
distributed denial-of service attack. By breaching this provision, you would
commit a criminal offence under the Computer Misuse Act 1990. We will report
any such breach to the relevant law enforcement authorities and we will co-operate
with those authorities by disclosing your identity to them. In the event of
such a breach, your right to use our site will cease immediately.
21. Links
21.1 If you
wish to make any use of content on our site other than that set out in section
8, please contact us trough our support form.
21.2 Where
our site contains links to other sites and resources provided by third parties,
these links are provided for your information only.
21.3 We have
no control over the contents of those sites or resources.
22. Security
22.1 You are
responsible for your account credentials and are required to keep these safe.
You must inform us immediately if you think that your account has been
compromised.
22.2 Where
you have lost your credentials, contact us immediately. We may require further
documentation to authenticate that you are the account holder.
22.3 We take
security seriously and work hard to make sure that your information remains
secure. If you are aware of anyone or any entity that is using the Services
inappropriately, please email us using our contact form. Similarly, if you
receive any emails, purporting to be from Cashcoin.be, which you suspect may be
"phishing" (fake) emails, please forward them to us using our contact
form.
22.4 By
default, all account withdrawals and account settings must be authorised by a
code sent to user's registered email address. However, this may not be safe
enough, if user for example has an open access to both Cashcoin.be account and
email account on the same device, which may be for example infected. Or, if for
example user's password becomes compromised and user has identical passwords
for both.
22.5 We
therefore recommend a 2-factor authentication through Google authenticator,
which can be set up in account settings and user should not access Cashcoin.be
account and Google authenticator on the same device.
22.6 If user
does not have the ability to use a Google authenticator, we recommend to follow
safety precautions such as:
(a) using long, secure and different passwords for Cashcoin.be
account and Email account
(b) accessing email on a different device other
than where user accesses Cashcoin.be account
(c) regularly checking PC or device for viruses and
trojans
22.7 We will
not be held responsible for unauthorised account withdrawals or unauthorised
account settings changes.
23. API
23.1 Automated
Payment Interface serves for remote access to user account functions and
trading data. By default API is disabled and users can enable this function in
account settings. There are 2 levels: API just for remote trading and API
allowing remote account withdrawals. Enabling or change in API settings must be
confirmed with email or Google authenticator code.
23.2 If user
enables this function, there may be a security risk because it may allow
hackers to remotely control user s account and make withdrawals without the
2-way authentication through email code or Google authenticator code
authorization. Users should use it at their own discretion and keep API access
data safe. We will not be held liable for misuse.
24.
Complaints
24.1 If you wish to make a complaint about any aspect of the Services, please send your complaint in writing trough https://cashcoin.be/contact
24.2 We will
acknowledge receipt of your complaint within 2 business days. We will
investigate your complaint and come back to you with the results of our
investigation no later than 7 business days of receipt of your complaint.
25.
Termination
25.1 If you
have any problem using the Services first contact us through the communication
channels listed at the end of these Terms and we will endeavour to resolve any
issue.
25.2 Either
party may terminate these Terms on one day's written notice.
25.3 Cashcoin.be
may terminate these Terms with immediate effect if:
(a) you become, or are likely to become, insolvent
or are declared bankrupt;
(b) you are in breach of any provision of these
Terms;
(c) your use of the Services or the Site is
disruptive to our other customers, or you do anything which in our opinion is
likely to bring us into disrepute; or
(d) you breach or attempt to breach the security of
the Site (including but not limited to: modifying or attempting to modify any
information; unauthorised log-ins, unauthorised data access or deletion;
interfering with the Services, system, host or network; reverse engineering of
any kind; spamming; hacking; falsifying data; introducing viruses, Trojan
horses, worms or other destructive or damaging programs or engines; or testing
security in any way).
26. General
26.1 This is
the entire Agreement. These Terms constitutes the entire agreement between you
and us. You acknowledge that you have not relied on any statement, promise or
representation made or given by or on behalf of us which is not set out in
these Terms.
26.2 We can
transfer these Terms. We may transfer our rights and obligations under these
Terms to another organisation without prior notice to you, but this will not
affect your rights or our obligations under these Terms or relieve us of any
obligation or liability to you under these Terms unless you specifically agree
otherwise in writing. You may only transfer your rights or your obligations
under these Terms to another person if we agree in writing, which we will not
unreasonably withhold.
26.3 No
third parties. No one other than a party to this agreement, their successors
and permitted assignees, shall have any right to enforce any of its terms.
26.4 Separate
terms. Each of the provisions of these Terms operates separately. If any court
or relevant authority decides that any of them are unlawful or unenforceable,
the remaining provisions will remain in full force and effect.
26.5 No
waiver. No waiver of any provision of these Terms, nor of any rights or
obligations of any party hereunder, will be effective unless in writing and
signed by the party waiving compliance, and such waiver will be effective only
in the specific instance, and for the specific purpose stated in such writing.
No waiver of breach of, or default under, any provision of these Terms will be
deemed a waiver of any other provision, or of any subsequent breach or default
of the same provision of these Terms.
26.6 Events
outside our control. We will not be liable or responsible for any failure to
perform, or delay in performance of, any of our obligations under these Terms
that is caused by an Event Outside Our Control. An Event Outside Our Control
means any act or event beyond our reasonable control, including without
limitation non-delivery, defective delivery of third party services necessary
to provide the Services (including but not limited to those of our partners,
vendors and suppliers), strikes, lock-outs or other industrial action by third
parties, civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for
war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other
natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our
obligations under these Terms:
(e) we will contact you as soon as reasonably
possible to notify you; and
(f) our obligations under these Terms will be
suspended and the time for performance of our obligations will be extended for
the duration of the Event Outside Our Control. Where the Event Outside Our
Control affects our delivery of the Services to you, we will keep you duly
informed of when we expect that the Event Outside Our Control will be over.