- Information about us
- Our Services
- Eligibility for our Services
- Placing an Order
- Keeping your details safe
- Transferring cryptoassets and how your cryptoassets are held
- Payments generally
- Payments using cryptoassets
- Late payment, late supply of information and administration fees
- Suspending or ending a contract under these Terms
- Effect of termination
- Cancellation Rights
- Our liability to you
- Your liability
- Events outside our control
- Changes to these terms
- Contact details and communications
- Tax evasion and bribery
- Security interests
- Schedule 1: Risks
- Schedule 2: Cancellation Form
Crypto Asset Storage Terms
This page sets out the legal terms and conditions (the Terms) which apply when you choose for us to arrange storage of your cryptoassets with a custodian.
If you are looking to purchase Products, please refer to our Terms of Sale. You have the option during the checkout process to purchase Products for delivery or into storage with us (in which case these Terms will also apply). If you are looking to sell Products to us, please refer to our Terms of Purchase.
These Terms will apply to any orders by you (Order) for us to arrange cryptoasset storage on your behalf (our Services). Please read these Terms carefully (in particular clauses 7, 9, 12 and 20) and make sure that you understand them before sending us any cryptoassets to store for you. Please note that by instructing us to arrange safekeeping of your cryptoassets, you agree to be bound by these Terms and the other documents expressly referred to in them. Each Order for the Services that is accepted by us under these Terms shall constitute a separate contract.
As between you and Chards, you shall retain full legal ownership of your stored cryptoassets (subject to clause 12).
Please note that storage of cryptoassets is an activity regulated by the financial conduct authority and / or the prudential regulatory authority. Where we arrange storage of yout cryptoassets you are not protected by the financial services compensation scheme and you are not protected by the financial ombudsman scheme.
If you are unclear regarding any aspects of these terms, you should contact us before using our services.
Information about us
1.1 We are Chard (1964) Limited, a company registered in England and Wales under company number 1378220 and with our registered office and store at 32-36 Harrowside, Blackpool, FY4 1RJ. In these Terms, we refer to ourselves as “Chards”, “we”, “us”. Our VAT number is GB 157 0712 74. We have been trading as a coin and bullion dealer since 1964 and operate the website www.chards.co.uk (the Website).
1.2 We are not a firm registered with the Financial Conduct Authority under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. We are of the view that arranging safekeeping of cryptoassets is not an activity registrable with the Financial Conduct Authority.
2.1 We arrange storage of cryptoassets by partnering with insured UK crypto-custodian(s) who have full registration with the Financial Conduct Authority to act as a custodian wallet provider.
2.2 We can arrange storage of the following cryptoassets: bitcoin, ethereum and various erc-20 tokens upon request. We reserve the right to add to or remove from the range of cryptoassets we support without providing prior notice. If we cease to support a particular cryptoasset, we will use reasonable endeavours to provide you with prior written notice, and to enable you to transfer out your holdings in the affected cryptoasset.
2.3 Access to your cryptoassets is restricted to authorised personnel only.
2.4 Please note that we do not: provide any form of advice in relation to cryptoassets; assess whether dealing in cryptoassets is an appropriate or suitable investment for you; provide or facilitate exchange services in relation to cryptoassets; provide accounting, legal or tax advice; value cryptoassets; vote on, lend or stake cryptoassets; or administer any blockchain.
3.1 We can impose limits on the value or volume of cryptoassets you may store via using our Services. Where we inform you of such a limit, it is your responsibility to ensure that you comply with it. Any limits may be changed by us from time to time by notifying you by email.
Eligibility for our Services
4.1 You can only place an Order with us and receive the Services if you are at least 18 years old.
4.2 By placing an Order, you confirm that you are legally permitted under all applicable laws to do so, and have all rights, permissions and consents that are required in order place an Order and to receive the Services, including authority to bind any business on whose behalf you purchase the Services from us.
4.3 By using the Services, you represent that you understand the risks inherent in dealing in cryptoassets, some of which are set out in Schedule 1, and that you understand that we do not assume any responsibility for ensuring that you have an adequate understanding of the risks involved.
4.4 If you are a consumer (which means that you are not purchasing the Services in the course of your trade, business, craft or profession) we only supply Services to you for domestic and private use. You agree not to resell the Services or to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you do.
4.5 If you are business and not as a consumer we only supply the Services for use in the course of your business. You agree not to resell the Services and we shall have no liability to you in respect your resale of the Services in contravention of this clause.
4.6 We reserve the right to reject an Order and to stop providing you with our Services if you do not provide us with the necessary personal information or if you do not pass our security checks.
5.1 Before you place an Order with us, we will require you to set up an account with us and provide certain information before we can accept your Order. You can do this on our Website, via the telephone or in person in our showroom during opening hours. This information we require includes without limitation your full name and address, company name and details of beneficial owners (if applicable), proof of address, email address, telephone number, date of birth and information concerning the cryptoassets you wish to store. We are required to obtain this information to provide the Services, to comply with our legal obligations (including those relating to anti-money laundering) and to protect against fraud. We may keep a record of this information and we may use it to contact you concerning the Services and your cryptoassets from time to time.
5.2 It is your responsibility to ensure that the information you provide to us is accurate, complete and kept up to date. You must contact us promptly to inform us of all changes to this information. Our contact details are set out at section 21 below.
5.3 We reserve the right to require proof of identification at any time for any reason, including, without limitation, to conduct mandatory anti-money laundering checks (which may include a requirement to provide your passport, driving licence, utility bills or bank statements (no more than three months old) and other official documents – please see here for further information about acceptable proof of identification). We will contact you if we require you to provide any additional information or proof of identification.
5.4 You authorise us to make such inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. Your access to our Services, and any limitations that apply to your use of the Services, may be altered as a result of the information we collect on an ongoing basis.
5.6 We reserve the right not to on-board any person, and where we do not on-board any person, we do not have any obligation to provide our reasons for doing so.
Placing an Order
6.1 If you place an Order, you are making us an offer to purchase the Services for the price quoted to you during the order process (Fees). All Orders placed are subject to these Terms and by placing an Order, you agree to:
- comply with these Terms, which take effect from the date on which we accept your Order; and
- pay the Fees (and if applicable any Administration Fee, on which see clause 12).
6.2 All Orders are subject to acceptance by us. Your Order shall not be accepted until we have emailed you to confirm we have accepted your Order or when we confirm this to you over the telephone or when you sign an Order in person at our showroom. At the point of acceptance, a contract shall be formed between you and us. If we are unable to accept your Order (for example, because of an applicable limit on the cryptoassets that can be stored or because we have identified an error in the Fees), we will inform you and will not process your Order. If you have not received confirmation that your Order has been accepted within two working days of the date you placed your Order, please contact us. We may also send you an acknowledgment email, but this does not mean your Order has been accepted.
6.3 When ordering over the telephone, we will read certain parts of these Terms to you and will inform you where you may find a full copy of these Terms. We will also make a copy of these Terms available to you during the online checkout process or if you place an Order at our showroom in person. You will be required to accept these Terms before placing any Order with us. If you do not accept these Terms, you will not be able to enter into a contract under these Terms with us or receive the Services.
Keeping your details safe
7.1 As part of on-boarding, you will be provided with or asked to create security details. You must keep your security details secure and not disclose them to anyone else. You should contact us immediately upon discovering any unauthorised use of your security details (see section 21 for our contact details).
7.2 Any breach of these Terms by anyone to whom you disclose your security details will be treated as if the breach had been carried out by you and will not relieve you of your obligations to us.
Transferring cryptoassets and how your cryptoassets are held
8.1 To transfer cryptoassets to and from our Services we recommend you scan a QR code of your account rather than manually entering the account number where possible, to reduce the likelihood of you entering incorrect account information.
8.2 When sending cryptoassets you accept full responsibility for ensuring that you send all payments to the correct address using the procedures we require you to follow, and that a failure to do so may result in you sending cryptoassets to the wrong person. In such a scenario, you may not be able to get back your cryptoassets and we shall have not obligation to complete the relevant transaction and / or make a refund to you.
8.3 Where we arrange for cryptoassets to be held for you, legal title in those cryptoassets (subject to clause 12) shall remain with you at all times (as between you and Chards).
8.4 You may request the return of any of your cryptoassets at any time, subject to payment of any applicable Fees (and if applicable any Administration Fee, on which see clause 12), and these Terms shall be deemed terminated in relation to any cryptoassets returned to you. We reserve the right to withhold the release of your cryptoassets until all Fees (and if applicable any Administration Fee) payable by you in respect of them have been received by us in cleared funds.
8.5 When receiving cryptoassets it is solely your responsibility to ensure that you provide us with correct details of your wallet and for ensuring that this wallet can receive the cryptoassets we return to you. If there are any deficiencies in the wallet you use for these purposes, or if your wallet is compromised, then we are not liable for any loss as a consequence.
8.6 Upon termination of a contract under these Terms (in whole or part) for any reason, subject to payment of all outstanding Fees (and if applicable any Administration Fee) in full, we will return your cryptoassets back to you in accordance with section 14.
9.1 The Fees shall be charged on a monthly basis. Months for the purpose of the Fees (Billing Months) shall follow calendar months. The first Billing Month (which may not be a complete calendar month) shall commence on the date you first place on Order with us in respect of the relevant cryptoassets and subsequent Billing Months shall commence on the 1st of the month.
9.2 The Fees payable for each Billing Month will be the higher of:
£50 + VAT
Value of Stored Cryptoassets x 1% / 12 + VAT
where the Value of Stored Cryptoassets shall be calculated by reference to the value attributed to them on CryptoCompare or similar.
9.3 Fees are inclusive of any VAT that may be applicable.
9.4 We may change how we calculate Fees at any time provided that we do so in accordance with clause 20.
9.5 We take all reasonable care to ensure that Fees are correct at the time at which they are notified to you. However, it is always possible that, despite our reasonable efforts, the Fees we notify to you may be incorrect. We shall notify you of any mistake as soon as possible. If the correct Fees are less than the amounts that were notified to you, we will charge the lower amount for future Billing Months. If the correct Fees or delivery charges are higher than the amounts that were notified to you, we will charge the higher amount for future Billing Months after we have notified you of the error.
10.1 You must pay each invoice for Fees within 14 days of the date of issue. Late payments may be charged an Administration Fee in accordance with clause 12 below.
10.2 All payments should be made in pounds sterling unless otherwise agreed by us in advance of placing your Order. If you choose to pay in a foreign currency, from a bank account which is not a pounds sterling account or using a cryptoasset we support, you shall be responsible for paying all charges and fees incurred by you and/or us as a result of your payment in a foreign currency, from such account or using a cryptoasset we support (and please note that the types of cryptoassets we support for payment purposes may be different to those we provide safekeeping services in relation to).
10.3 Please refer to our payment and identification information page on our Website here for details on our accepted methods of payment. Alternatively, you can contact us by telephone to discuss how to pay.
10.4 Internet access is required for debit card payments and for payments using those cryptoassets we support.
10.5 Payments by direct debit will be taken on or around the first day of each Billing Month unless otherwise agreed. Please note that debit cards issued outside of the UK may not be accepted and we will contact you if your payment by debit card is rejected. Some payment methods and all international payments may carry additional charges as detailed on our Website.
10.6 If you place an Order through our Website, you must select the appropriate box during the online Order process to indicate your chosen method of payment. If you place an Order over the telephone, you must notify us of your chosen method of payment when placing your Order.
Payments using cryptoassets
11.1 Please note that purchasing services using cryptoassets is not an activity regulated by the Financial Conduct Authority and/or the Prudential Regulatory Authority. In making a payment to us in cryptoassets you are not protected by the Financial Services Compensation Scheme and you are not protected by the Financial Ombudsman Scheme.
11.2 We may support the following cryptoassets: bitcoin, ether and such other cryptoassets as we may agree with you from time to time. We may withdraw our support to any cryptoassets or support additional cryptoassets from time to time for any or no reason. We do not accept any responsibility for explaining any decision we make in this respect, nor do we accept any liability as a result of such a decision.
11.3 We will require you to on-board with us before you may make any payment using cryptoassets, and before instructing us to accept payments in cryptoassets you will supply us with all information, documentation or copy documentation that we may require for this purpose. This includes without limitation providing us with whatever information we request for the purposes of satisfying our own regulatory and compliance obligations, such as, but not limited to, money laundering checks, identity verification checks, prevention of terrorist financing checks and KYC checks. Please see clause 5 for further information regarding our general on-boarding requirements.
11.4 In making any payment using cryptoassets you represent that:
- you will comply with our cryptoassets payments process as set out on our Website.
- as far as you are aware, you are legally permitted and authorised to make payment in your chosen cryptoasset, that there is no other reason to prevent you from making a payment in cryptoassets, and that you have taken all reasonable steps to ascertain that this is the case.
- you have sufficient experience, knowledge and understanding to make a payment using cryptoassets, including understanding the potential fees that may be charged when using a particular protocol to process a transaction (e.g. gas fees on the Ethereum protocol).
- you shall not make any payment using cryptoassets derived from an illegal or illegitimate source.
- you shall only make payments using cryptoassets which are not subject to any rights of any third party and are which are free from any Virus or Vulnerability (as these terms are explained in clause 11.5).
- you accept full responsibility for ensuring that you send all payments to the correct address using the procedures we require you to follow, and that a failure to do so may result in you sending cryptoassets to the wrong person. In such a scenario, you may not be able to get back your cryptoassets and we shall have not obligation to complete the relevant transaction and / or make a refund to you.
- you will accept sole responsibility for determining if making a payment using cryptoassets has any tax implications and for complying with any obligations you have in relation to tax. Tax treatment depends on your individual circumstances and may be subject to change in the future. Please note that taxes and costs may exist that are not paid via us or imposed by us.
11.5 “Virus” means: any software, thing or device which contains any malicious code, file, program, or other internal component which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network; or which may prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses, time bombs and other similar things or devices. A “Vulnerability” means: a weakness, glitch or bug in the computational logic (for example, code) found in software and hardware components that, when exploited, results in a negative impact to confidentiality, integrity, or availability
11.6 We will only accept a pre-payment in circumstances where we believe in good faith that it represents a genuine pre-payment. You must therefore only make a pre-payment to us under these Terms where the pre-payment is solely paid as:
- an advance payment for the specific service provided by us of arranging the safekeeping of your cryptoassets; and / or
- security for the performance of the contract under these Terms which we agree with you, and under which we provide this service.
11.7 By making a pre-payment to us under these Terms you are representing that you are only doing so for these purposes, and as part of making the pre-payment we may ask you to confirm that this is the case or we may not accept the pre-payment.
11.8 In any event, we do not accept any obligation to agree to receive a pre-payment, and so we reserve the right to decline a pre-payment without having any obligation to provide reasons for doing so. Any monies we receive by way of pre-payment will not receive any interest. Furthermore, you may not generally leave pre-payment monies inactive in your account or to otherwise hold balances indefinitely, and we reserve the right to return any monies received where we believe that such circumstances may have arisen. Where we return any monies to you, we will return the monies back to the account from which you made the pre-payment to us, on the basis that we have not provided our service.
11.9 We do not accept any liability for any action or inaction we take in determining how to deal with pre-payments, and in particular we do not accept any liability for any loss or potential loss, howsoever caused, as a result of any decision to accept, decline or return a pre-payment.
11.10 When you make a pre-payment, your monies will be received or transferred directly into a segregated client money account, separate from our own funds. This means that the pre-payment monies are held by the bank on your behalf, and, as such, we do not on-lend any pre-payment monies we receive, nor do we finance any of our activities out of the capital of or interest on such monies. Pre-payment monies will only move into our own account at the point in time that they are due and payable as a genuine fee to us.
11.11 PLEASE NOTE THAT WE ARE NOT A BANK, WE DO NOT ACCEPT DEPOSITS, AND THAT IN ACCEPTING ANY PREPAYMENT WE ARE NOT PROVIDING ANY SERVICE REGULATED BY THE FINANCIAL CONDUCT AUTHORITY AND / OR THE PRUDENTIAL REGULATORY AUTHORITY. AS SUCH, IN MAKING A PREPAYMENT TO US YOU ARE NOT PROTECTED BY THE FINANCIAL SERVICES COMPENSATION SCHEME AND YOU ARE NOT PROTECTED BY THE FINANCIAL OMBUDSMAN SCHEME.
Late payment, late supply of information and administration fees
12.1 We reserve the right to take legal action against you to enforce these Terms. If we have accepted your Order and you fail to make payment by the relevant deadline, we may be entitled to make a claim against you for reasonable compensation for the costs we have incurred or will incur as a result of you breaking your contract with us under these Terms.
12.2 If payment is not made by you or received by us in accordance with the applicable deadline set out in clause 10.1:
- we may charge you an administration fee of 1% of the annual Fees (subject to a minimum fee of £10 and a maximum fee of £500) (Administration Fee) to cover our administrative costs incurred as a result. Any Administration Fee shall be payable within seven days of you being notified that an Administration Fee has been charged. The Administration Fee shall be payable regardless as to whether or not we have accepted your Order; or
- if you are a business customer, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England or such higher statutory rate as may be available under applicable law. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us any interest together with the overdue amount.
12.3 We may also, at our sole discretion:
- cancel some of all of your contracts with us under these Terms (but you shall still be liable to pay any Administration Fee that has been incurred in respect of the relevant Order); and / or
- if we do not cancel your Order, we may give you a new deadline to make payment (and clause 12.2 shall apply if you fail to meet such extended deadline).
12.4 If your Order is cancelled pursuant to clause 12.3, you may submit a new Order, subject to agreeing revised Fees.
12.5 In addition to our rights under clauses 12.2 and 12.3, the event of a non-payment or late payment of our fees, you agree that we may use, sell, retain or set-off your cryptoassets to settle the amount owed. We will only exercise this right if we have asked you for payment and the sum is outstanding for 25 calendar days from the date of our request.
12.6 If you do not pay any Fees, Administration Fee or other amounts due required by the relevant deadline, in addition to our other legal rights and remedies, we may refuse to deal with you in the future until all such amounts due to us is paid by you.
Suspending or ending a contract under these Terms
13.1 Each contract agreed under these Terms will continue until terminated by a you or us in accordance with these Terms.
13.2 You may terminate all or part of a contract at any time without liability:
- by providing at least 14 days written notice to us (such notice to expire at the end of a Billing Month).
- in the event that termination is in response to a proposed change to these Terms, in accordance with clause 20.
13.3 We may suspend, restrict, or terminate your access to any or all of the Services and/or deactivate or cancel your Account, without reason or penalty, by giving you 10 days’ notice.
13.4 In addition, we may at our sole discretion: (a) suspend, restrict, or terminate your access to any or all of our Services, and/or (b) terminate some or all of the contracts we have agreed with you under these Terms with immediate effect where:
- we are, in our reasonable opinion, required to do so by applicable law or regulation or any court or other authority to which we are subject in any jurisdiction, or to do so may involve us or you in a breach of legal and/or regulatory requirements;
- we consider that any personal identification documentation or other information you have provided to us is, or is likely to be, false, incomplete, inaccurate or misleading; or
- we reasonably suspect you of acting in breach of these Terms;
- we have concerns about the security of your cryptoassets or we suspect that your Services are being used in a fraudulent or unauthorised way;
- we suspect money laundering, terrorist financing, fraud, or any other financial crime or unlawful conduct;
- your cryptoassets are subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your cryptoassets;
- not to do so would run the risk of us suffering a financial loss; and/or
- events occur which are outside our reasonable control which impact the Services.
13.5 The custodian(s) we use may also require us, from time to time, with or without prior notice, to temporarily suspend the operation of Services (in whole or in part). This includes without limitation a suspension in order to complete repair or maintenance work.
13.6 If you refuse to suspend or end your contract(s) with us, we will (if permitted by applicable law) inform you of our actions and the reasons for refusal, suspension or closure and, where appropriate, provide you with an opportunity to correct any factual errors which may have led to such action. We will endeavour to lift the suspension as soon as reasonably practicable once the reasons for refusal and/or suspension no longer exist.
13.7 We do not accept liability for any loss, regardless of whether that loss is foreseeable, as a consequence of us exercising any of our rights or discretion in relation to suspension or termination.
Effect of termination
14.1 On termination we will return your cryptoassets back to you subject to:
- you completing any further identity verification procedures, as well as anti-money laundering and prevention of terrorist financing procedures, that we may require.
- you paying us all outstanding Fees (including if applicable any Administration Fee).
14.2 If you do not take delivery of your cryptoassets within 3 months of the relevant contract(s) being terminated, we reserve the right to sell them, at the price which according to us can be reasonably obtained at that moment. We will provide you with at least one month’s written notice that we are intending to sell your cryptoassets (using the contact details you have provided to us) before selling them. We shall use the proceeds of the sale of your cryptoassets to pay any outstanding Fees and other amounts owing to us by you and to pay any costs associated with the sale and shall transfer any remaining amounts to you in accordance with your instructions, subject to clause 14.3.
14.3 If, after 12 months following the termination or expiry of your contract agreed with us under these Terms, your cryptoassets and/or the proceeds of their sale remain in our possession or control because you have failed to collect your cryptoassets or provide us with instructions (which we reasonably deem appropriate) on how to return your cryptoassets or the proceeds of their sale to you (at your cost), title to those cryptoassets and proceeds of sale shall immediately transfer to us at the end of such 12 month period.
14.4 Please be aware that it is imperative that we have up-to-date contact details for you at all times and it is your responsibility to keep us updated of any changes by notifying us in accordance with clause 21. Ultimately, if we are unable to contact you and we are forced to terminate your contract with us under these Terms (for non-payment of your Fees or otherwise), your cryptoassets may be resold by us in accordance with clauses 14.2 and 14.3 above and ownership of your cryptoassets and any proceeds of their sale may transfer to us. We shall make reasonable attempts to contact you using the contact details we hold for you prior to re-selling your cryptoassets and prior to title transferring to us in accordance with clauses 14.2 and 14.3, although we are legally obliged to return any excess proceeds from the sale to you if you make a valid claim for the same within a reasonable period (less the outstanding Fees and other Administration Fee we have incurred as outlined in clause 12.2).
- Subject to the above provisions in this clause 14, title to your cryptoassets shall remain with you at all times.
- We do not accept liability for any loss, regardless of whether that loss is foreseeable, consequential of our exercising any of our rights or discretion under this clause 14.
15.1 If you are a consumer residing within the UK or European Economic Area, you have placed an Order via the Website or over the telephone and you did not visit us in-store before entering the contract under these Terms, you can cancel that contract without giving any reason during the period set out in clause 15.2 below. This means that during the relevant period, if you change your mind, you can notify us that you wish to cancel your Order for Services. This right does not apply to business customers.
15.2 The period in which you may cancel your contract under these Terms will expire after 14 days from the day that it was concluded.
15.3 To exercise this cancellation right, you must inform us that you wish to cancel your contract. You can inform us of your decision to cancel your contract in-store, over the telephone on +44 (0)1253 343081, by post at 32-36 Harrowside, Blackpool, FY4 1RJ, England or by e-mailing us at [email protected] You may also use the model cancellation form which is set out at Schedule 2, but it is not obligatory.
15.4 If you exercise your right to cancel your contract with us under these Terms in accordance with this clause 15 after we have started providing the Services, you must pay for the Services provided up until the time you tell us that you have changed your mind, the Fees for which will be calculated on a pro rata basis in proportion to the period for which the Services have been supplied. Any other Fees (for Services not yet provided) shall be refunded to you by the method you used for payment (unless otherwise agreed). We will make any refunds due to you within 14 days of you telling us that you wish to cancel your contract.
Our liability to you
16.1 Notwithstanding any other clause in these Terms we do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be limited or excluded by applicable law.
16.2 Subject to clause 14.1, in no event shall we be liable to you for any losses (including any loss of cryptoassets):
- except where caused directly and reasonably foreseeably by our gross negligence. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your Order.
- caused by events outside our reasonable control;
- which constitute any loss of profit, revenue, contracts, data, goodwill or other similar losses;
- as a result of the maintenance, transfer, receipt or delivery of fraudulent, defective or otherwise impaired cryptoassets; or
- which constitute any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of or damage to goodwill or reputation; or any other special, indirect or consequential loss.
16.3 Any liability we have for losses you suffer arising from any contract agreed under these Terms shall not, in respect of any 12 month period (calculated from the date of that contract is entered into), exceed the charges payable by you for the relevant Services in that 12-month period and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable if they were an obvious consequence of our breach or if it was contemplated by you and us at the time we accepted your Order.
16.4 Notwithstanding clauses 16.2 and 16.3, if loss is caused by the gross negligence of the custodian(s) we use, we will pass on the compensation we receive from them to you. In addition, where we receive an insurance pay-out in respect of any loss, we will pass the benefit of such pay-out to you. If several of our clients are eligible to receive compensation or a pay-out under this clause 16.4, we will pass on any compensation or pay-out we receive to the affected clients in proportion to their loss, and any determination we make in this respect shall be considered final.
17.1 The Services are not intended for distribution to, or use by, any person in a country where such distribution or use would be contrary to local laws and regulations. You are responsible for ensuring that your use of the Services is in compliance with any local laws and regulations which apply to your use, and for obtaining any appropriate legal advice regarding your use of the Services if required.
17.2 In addition to being liable to pay us all fees that become due, you agree to indemnify us for actual, reasonable legal costs and expenses that are a result of any regulatory inquiry, legal action, litigation, dispute, or investigation, whether such situations occur or are anticipated, that arise or relate to you or your cryptoassets.
Events outside our control
18.1 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 any act or event beyond our reasonable control. This includes, without limitation, any act or event in relation to the custodian(s) we use to hold your assets, where that act or event is outside the reasonable control of those custodian(s). If such an event takes place that affects the performance of our obligations under these Terms, we will notify you as soon as reasonably possible. Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of such act or event.
19.1 We reserve the right to conduct audits of any cryptoassets which are arranging safeguarding for (annually and at any other times as we reasonably require) and to grant our professional advisers with such access as may be beneficial for the purpose of carrying out any such audit.
Changes to these terms
20.1 We reserve the right to make changes to any aspect of any Service, Fees and/or to these Terms from time to time, provided that we will not, unless you agree, make any changes in respect of any Service you have already paid for that would (i) significantly reduce the type or level of service you receive (except we made do so if for security, legal or regulatory reasons) and/or (i) increase the fees you are obliged to pay.
20.2 We will always give you as much prior notice as we reasonably can of significant changes on the understanding that you then have the option of accepting them or terminating your contract(s) with us under these Terms without penalty, in which case termination will take effect from the day before the date the change is due to take effect. If you do not terminate your contract with us before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.
20.3 In certain circumstances, we may have to make changes without giving you prior notice, e.g. because of changes to relevant law or regulation, changes required by any regulatory or tax authority or industry guidance or codes of practice, changes in the way cryptoassets and their markets work, or changes otherwise beyond our reasonable control. Where this is the case, and the changes are not simply improvements in the Services, we will give you an appropriate opportunity to terminate your contract with us under these Terms without penalty.
Contact details and communications
21.1 You must ensure that we have your up-to-date contact details for you at all times and it is your responsibility to keep us updated of any changes by email or telephone or post or via your online account on our Website. Ultimately, if we are unable to contact you, your ownership of the cryptoassets and any proceeds of sale may transfer to us in accordance with clause 12. We shall make reasonable attempts to contact you using the contact details we hold for you prior to this happening.
21.3 Communications between us shall be in English. Should we receive a communication or instruction which purports to be from you, we are entitled, but are not obliged, to rely on and conclusively presume that such communication or instructions have been given by you. We may record and monitor conversations we have with you.
21.4 You accept that we are deemed to have received any email correspondence at the time we access it. You accept that there may be a delay in responding to correspondence received. You also acknowledge and accept the risks inherent in email, particularly of its unauthorised interception and of its not reaching the intended recipient.
21.5 Although we take all reasonable care to ensure all electronic communications and attachments we send to you are free from any known Virus or Vulnerability (as these terms are explained in clause 11.5), we will not be responsible for any loss or damage resulting from any attack by a third party on our systems, any Virus or any Vulnerability that may infect your computer equipment, computer programs, data or other material due to your use of our Services.
22.1 We will provide the Services with reasonable care and skill. If you consider that any Services we have supplied to you have not been provided with reasonable care and skill (defective Services), please notify us (if you are a business customer, you must notify us of any defective Services immediately upon becoming aware of the same).
22.2 Please also contact us if you wish to complain about any aspect of the Services we provide or our customer service. We are very keen to hear your concerns and to resolve any issues promptly.
22.3 If you are a consumer and you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Please contact us if you would like further information on the relevant dispute resolution process applicable to you.
Tax evasion and bribery
23.1 You will ensure that none of you, nor any person acting on your behalf, shall by any act or omission commit, cause, facilitate or contribute to the commission by any person of a tax evasion offence or facilitation of a tax evasion offence. For these purposes, a tax evasion offence includes cheating a public revenue authority or being knowingly concerned in, or in taking steps with a view to, the fraudulent evasion of tax, and tax includes duties and social security contributions.
23.2 You shall:
- comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010; and
- not engage in any activity, practice or conduct which would constitute an offence under the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK.
23.3 Breach of this clause 23 shall be deemed a material breach of these Terms.
24.1 You may not transfer, assign, charge, create a lien or other security interest over, or otherwise encumber your cryptoassets or any or all of your rights or obligations under any contract agreed under these Terms. You must not try or agree to do so or allow any third party to do so in relation to any of your cryptoassets held via our Services, and you may not grant anyone else any rights in or over your cryptoassets held via our Services.
25.1 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
25.2 To the extent that we may be deemed by any applicable law to owe you any fiduciary duties or to be in a fiduciary relationship with you, we explicitly exclude and reject any such duties or relationship to the extent permitted by applicable law. We also do not provide, nor do we accept responsibility for, legal, tax or accounting advice.
25.3 To the extent of any conflict between the provisions of these Terms and any document referred to in them, these Terms shall take precedence.
25.4 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or the obligations owed to you under these Terms. You may only transfer or delegate your rights or your obligations under these Terms to another person if we agree you may do so in writing, and we shall have not obligation to do so.
25.5 Each contract under these Terms shall be binding upon you and us, and each party’s respective personal representatives, successors and permitted assigns. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
25.6 Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are illegal, unlawful, void or unenforceable, the remaining clauses will remain in full force and effect.
25.7 If we fail to insist that you perform any of your obligations under a contract agreed under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
25.8 If you are a consumer, please note that these Terms, any contract agreed under these Terms and any dispute or claim arising out of or in connection with it shall be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and/or your contract(s) or their subject matter. However, nothing in these Terms will override any mandatory laws of the country in which you have your usual place of residence or limit your legal rights to bring actions against us or to require proceedings take place in the country in which you have your usual place of residence.
25.9 If you are a business, these Terms, any contract agreed under these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. We both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim (including non-contractual disputes or claims).
25.11 These Terms are drafted in the English language and such version shall prevail over any translations of these Terms.
Schedule 1: Risks
DEALING IN CRYPTOASSETS INVOLVES A HIGH DEGREE OF RISK, AND, THEREFORE, SHOULD BE UNDERTAKEN ONLY IF YOU ARE CAPABLE OF EVALUATING THE RISKS INVOLVED AND ABLE TO BEAR THE RISK OF A COMPLETE LOSS OF ALL CAPITAL USED TO DEAL IN CRYPTOASSETS.
YOU SHOULD CAREFULLY CONSIDER THE RISKS DESCRIBED BELOW AND CONSULT WITH YOUR PROFESSIONAL ADVISORS BEFORE DEALING IN CRYPTOASSETS. DIFFERENT CRYPTOASSETS MAY HAVE UNIQUE FEATURES WHICH MAY MAKE THEM MORE OR LESS LIKELY TO FLUCTUATE IN VALUE. IT SHOULD BE NOTED THAT THE LIST OF RISK FACTORS DESCRIBED BELOW IS NOT INTENDED TO BE EXHAUSTIVE AND DOES NOT NECESSARILY INCLUDE ALL THE RISKS TO WHICH YOU MAY BE EXPOSED WHEN DEALING IN CRYPTOASSETS.
NONE OF THE INFORMATION PRESENTED IN THIS SCHEDULE 1 IS INTENDED TO FORM THE BASIS FOR ANY INVESTMENT DECISION, NO SPECIFIC RECOMMENDATIONS ARE INTENDED, AND THERE HAS NOT BEEN ANY CONSIDERATION AS TO WHETHER CRYPTOASSETS ARE A SUITABLE OR AN APPROPRIATE THING FOR YOU TO ACQUIRE. WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY LOSS ARISING FROM: (I) RELIANCE ON ANY INFORMATION CONTAINED IN THIS SCHEDULE 1, OR (II) ANY ERROR, OMISSION OR INACCURACY IN SUCH INFORMATION.
By dealing in cryptoassets, you expressly acknowledge and assume the following risks, which we shall not be liable for should they materialise:
Although we partner with insured UK crypto-custodian(s) who have either full or temporary registration with the Financial Conduct Authority to act as a custodian wallet provider, there is still a risk that they are compromised or lose your cryptoassets, and there is no guarantee they will be able to compensate for any resulting financial loss. Any loss or shortfall in the assets held may be shared between you and other clients of the custodian(s) we use, based on the size of your and their holdings. There may also be a delay in returning cryptoassets if an insolvency occurs.
Risks in dealing in cryptoassets
Cryptoassets are a new asset class and as such represent a high-risk investment. Risks include but are not limited to: hacking, fraud, glitches, regulatory changes, abandonment of a cryptoasset, volatility, information asymmetry, general economic risks, and unanticipated changes. The value and liquidity of cryptoassets may be subject to large fluctuations, and is affected, for example, by legislative and regulatory changes, and the willingness of market participants to participate. In addition, fraud or cyber-attacks can result in technical difficulties which could prevent the access to your cryptoassets.
Cryptoassets are generally reliant on at least one blockchain protocol, any malfunction, breakdown or abandonment of a protocol may have a material adverse effect on cryptoassets reliant on it. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to cryptoassets by rendering ineffective the cryptographic consensus mechanism that underpins the relevant protocol(s). We do not own or control the underlying software protocols which govern the operation of cryptoassets. We are not responsible for the operation of the underlying protocols and we cannot guarantee their functionality, security, or ongoing availability. You acknowledge and accept the risk that underlying software protocols relating to your cryptoassets may change or cease to be available.
Hackers or other malicious groups or organizations may attempt to interfere with cryptoassets in a variety of ways, including malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing, as well as attacks which overpower the consensus-based mechanism on which the blockchain is built and attacks which interfere with or otherwise cause nodes to malfunction (nodes are computers / hardware devices that help maintain the blockchain).
Forks and airdrops
The underlying protocols of cryptoassets may be subject to potentially substantial changes in operating rules which may materially affect them (including, but not limited to, their value or function). The changes (called “Forks”) may take the form of (i) “hard” Forks, whereby a cryptoasset is split into two new cryptoassets (e.g. ethereum split into ETC and ETH); or (ii) “soft” Forks, whereby code is updated but no new cryptoasset is created. We have the right, but no obligation, to support any Fork on your behalf at our sole discretion, and we do not accept any liability as a result of any decision we take. Also, if and when Forks occur, we may need to temporarily suspend our Services in response to that Fork without providing advance notice to you.
Our Services are available only in connection with the cryptoassets we support. Where you receive an unsupported cryptoasset, for example through an unsolicited cryptoassets distributions known as an “airdrop”, you may not be able to withdraw, access or otherwise deal with such cryptoasset.
Regulation of cryptoassets and underlying blockchain technologies is currently still being developed and likely to rapidly evolve. Regulation varies significantly between different jurisdictions and is subject to significant uncertainty. Regulators may in the future adopt laws, regulations, guidance or other actions that may severely impact the development, attractiveness and / or value of cryptoassets. This could result in a variety of adverse consequences and reduce the value of cryptoassets.
General economic risks
Please be aware that the value of cryptoassets can fall as well as rise. The prices of cryptoassets have historically been subject to dramatic fluctuations and are highly volatile. A decrease in the price of a single cryptoasset may cause volatility in the entire cryptoasset industry and may affect other cryptoassets. Such volatility may result in a significant loss over a short period of time. Past performance is not a guide to the future performance of cryptoassets.
Cryptoassets are built on relatively new and untested technology. In addition to the risks included in this Schedule 1, there may be other risks associated with your dealing in cryptoassets, including those that we cannot reasonably foresee. Additional risks may also materialize as unanticipated variations or combinations of the risks discussed above.
Schedule 2: Cancellation Form
To Chard (1964) Limited:
Address: 32-36 Harrowside, Blackpool, FY4 1RJ, United Kingdom
Email: [email protected]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following services,
Ordered on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.