Terms of Use

By using this Site, and further by registering to use our Services, you are agreeing to accept and comply with the terms and conditions stated below ("Terms of Use"). You should read the entire Terms of Use carefully before you use this web site ("Site") or any Services of this Site.

As used herein, "happyCOINS" refers to the company Digital Currency Services B.V., including without limitation thereby, its owners, directors, investors, employees or other related parties. Digital Currency Services B.V. is a company with limited liability, incorporated under the laws of the Netherlands. Depending upon context, "happyCOINS" may also refer to the Services, products, Site, content or other materials (collectively, "Materials") provided by happyCOINS.

Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and Services. As long as you agree to and actually comply with these Terms of Use, happyCOINS grants to you a personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Services.

happyCOINS reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. You will be notified of such changes on the happyCOINS website and upon such notification it is your responsibility to review the amended Terms of Use. Your continued use of the happyCOINS Services following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent transactions by you will be subject to these Terms of Use.

The Terms of Use shall be governed and construed in accordance with Dutch Law and language. The parties agree to irrevocably submit to the exclusive jurisdiction of the Dutch Courts.

ACCOUNTS

A happyCOINS Account ("Account" or "Accounts") is an Account held by an "Account Holder" with the specific objective of exchanging digital currency (like bitcoin) and fiat currency through the happyCOINS platform.

An "Account Holder" can be any natural person who enters into an agreement with Digital Currency Services B.V. under these Terms of Use. The Terms of Use and other stipulations it refers to (such as Privacy Policy and AML Policy) relate to all rights and obligations arising from the use of this Site and the Services. Each natural person wishing to register as an Account Holder is advised to read these Terms of Use carefully and understand them before final acceptance. These Terms of Use apply as long as the respective Account is accessible through the platform www.happyCOINS.com.

By Creating an Account to use the happyCOINS Services, Account Holders represent and warrant:

• they have accepted these Terms of Use; and
• they are at least 18 years of age and have the full capacity to accept these Terms of Use and enter into transactions with happyCOINS

happyCOINS works with accounts to provide you with additional security. It also gives you a 'one-click' ordering method, which speeds up the process and helps avoiding errors (such as making a mistake when typing the digital currency address of your private wallet). Your account is only used for these purposes.

A new Account can be created by any natural person with an e-mail address, a digital currency wallet address, an Euro bank account in the Single Euro Payments Area (SEPA) and EU residence. Before an Account is activated the identity of the account holder will be verified by happyCOINS (upload of photo of ID-card or passport, pdf or photo of bank statement, photo of crypto wallet; confirmed with a video chat). Together with the Account Code (a unique alphanumeric code which identifies the Account) these details are considered the "Account Details".

Conditions

• happyCOINS reserves the right to change the buy and/or sell limits on your Account as we deem necessary.
• Account Holders are responsible for maintaining the confidentiality of their Account information and for all activity including Transactions that occur under their Account.
• Account Holders agree to provide happyCOINS with accurate, current and complete information as prompted by the Create Account process.
• The Account Holder provides the IBAN bank account number on which happyCOINS can payout any digital currencies that are sold.
• Account Holders also provide the name as used with the bank account to assure happyCOINS can transfer the payout to their bank account.
• Account Holders will provide one of their private digital currency wallet addresses to happyCOINS where happyCOINS can send or return digital currency to the Account Holder (digital currency Return address).
• happyCOINS cannot be held responsible for the loss of digital currencies resulting from an Account Holder not being able to access their personal wallet and/or digital currency address(es) which they provided to happyCOINS to be used by happyCOINS for sending (or returning) digital currency to the Account Holder.
• happyCOINS will provide one specific digital currency address per Account where the Account Holder can send the digital currency that is to be sold by happyCOINS (digital currency Sell address).
• It is possible to create and use multiple concurrent Accounts per Account Holder.
• When buying or selling digital currencies through the happyCOINS Exchange Service, AccountHolders are buying from, or selling to, happyCOINS directly. happyCOINS does not act as an intermediary or marketplace between other buyers and sellers of digital currencies. The Exchange Service is subject to the happyCOINS "Reference Price". "Reference Price" means the liquidity adjusted price of a given digital currency amount in terms of local currency as quoted on the happyCOINS Site. The "Reference Price" is stated either as a "Buy Price", the price in terms of local currency at which you purchase digital currency from happyCOINS, or as a "Sell Price", the price in terms of local currency at which you sell digital currency to happyCOINS. For the purpose of any transaction which incorporates the "Reference Price", you agree, as a condition of using the happyCOINS exchange services, to accept the "Reference Price" as the sole conversion metric.
• Account Holders acknowledge and agree that the digital currencies price is based on the happyCOINS Reference Price. Volatile market conditions and API delays can affect the Reference Price, both positive and negative, for which happyCOINS cannot be hold responsible.
• Account Holders also acknowledge and agree that the payment in relation to the transaction may be delayed due to availability of banking systems.
• Due to the inherent nature of the digital currencies networks, Account Holders also acknowledge and agree that sending or returning digital currencies to their Account may take between one (1) hour and twenty-four (24) hours, barring unforeseen or unavoidable network issues.
• happyCOINS reserves the right to abort a transaction at any time and to return received payments or digital currencies to the Account Holder. Digital currencies are only returned after happyCOINS received at least 6 transaction confirmations.

SERVICES

Our Services consist of facilitating the buying and selling of digital currencies such as Bitcoins and their use to purchase goods in an international open payment system. happyCOINS does not keep or manage any digital currency wallets and/or Euro deposits. The Services provided by the Company are currently regulated in The Netherlands and it is our policy to comply with applicable laws and regulations regarding AML and identity verification (know your customer / KYC procedures), and to detect and prevent the use of our Services for money laundering or to facilitate criminal or terrorist activities. Accordingly, the Company has implemented an Anti-Money Laundering and Identity Verification Policy: AML Policy.

For the avoidance of doubt we do not provide any investment advice in connection with the Services contemplated by these Terms of Use. We may provide information on the price, range, volatility of digital currencies and events that have affected the price of these, but this is not considered investment advice and should not be construed as such. Any decision to purchase or sell digital currency is your decision and we will not be liable for any loss suffered.

happyCOINS is a stand-alone digital currency exchange business, where you deal directly with happyCOINS (as opposed to an exchange market where you deal directly with other buyers and sellers). The costs for a transaction through the happyCOINS platform consist of a service fee and a bank fee. These fees are clearly specified on the Buy and Sell pages and are presented well in advance of initiating your order. Digital currencies such as Bitcoins are a digital non-returnable and non-refundable product for which you lose your right of withdrawal.

Buy digital currencies: via online instant payment service

happyCOINS supports various international online instant and card payment services.

• A buy transaction is initiated after your payment notification has been received from our payment service provider and is processed by happyCOINS. The digital currency will be sent to the digital currency address of your wallet after finishing the buy transaction (usually within minutes).
• The digital currency price for your transaction will be locked in for a short period, so you know exactly how much digital currency you will receive. If your payment takes more than the lock in period to finalise, your digital currency price will be updated with the happyCOINS Reference Price at the time of receiving your payment signal. In that case the final amount of digital currency sent to your wallet may differ slightly.
• The minimum and maximum transaction sizes depend on the status (trust level) of your Account and are visible after you have submitted your Account Code on the Buy page.
• You expressly acknowledge that digital currencies are a digital non-returnable and non-refundable product for which the delivery is initiated instantly following your payment confirmation and for which your right of withdrawal is not applicable.

Buy digital currencies: via SEPA Euro bank transfers

When buying digital currency by SEPA bank transfer, you acknowledge and agree to accept:

• That you will be provided with the details of the happyCOINS bank account after clicking the review order button on the Buy page.
• SEPA bank transfers are processed daily after receiving a notification from our bank of your transfer. Expect a lead time of one to three working days between your bank transfer and receiving the digital currency in your wallet.
• Initiate your SEPA transfer from the bank account connected to your happyCOINS Account.
• Put your happyCOINS Account code in the 'comment' (sometimes called 'label' or 'reference') field of the bank transaction.
• Only transfer Euro amounts within the limits of your happyCOINS Account.
• happyCOINS uses a minimal transaction amount and a maximum amount depending on the verification level of your happyCOINS Account.
• After your SEPA bank transfer, it usually takes 1-3 working days to show on our bank account.
• Once our bank confirms your transfer, we initiate a buy transaction and the digital currency will be sent to your wallet.
• The estimated amount of digital currency on the Buy page is based on the actual price at that moment.
• The final amount of digital currency you receive will differ from the estimate as the price is determined when your order is actually traded.
• When your digital currency is sent to your wallet you will receive a confirmation email with the financial transaction details.
• Bank transfers not in line with these terms will be returned (after deduction of bank costs).

Sell Digital currency

• If you initiate a Sell transaction through the form on the Sell page, the digital currency price for your transaction will be locked in for a short period, so you know exactly what your payout will be. If your transaction takes more than the lock in period to finalise, your digital currency price will be updated with the happyCOINS reference sell price at the time of receiving your digital currency. Alternatively if you don't use the Sell form to lock your digital currency price, your digital currency will automatically be traded when happyCOINS receives them. Your payout is then based on our market reference price of that moment.
• There is a minimum digital currency sell transaction size and a maximum daily, monthly or lifetime digital currency sell volume limitation per customer. When happyCOINS receives a digital currency deposit from an Account Holder with a digital currency volume below the minimum size or above the daily, monthly or lifetime limit, the digital currency is automatically returned to the digital currency return address of the Account. In this case the returning digital currency volume will be reduced with a small administrative fee. When the return volume is less than the administrative fee, there are no digital currency returned.
• The current minimum sell transaction sizes and maximum daily volume depend on your Account status and are visible after submitting your Account Code on the Sell page.
• After receiving and trading your digital currency (at least 3 confirmations required), happyCOINS initiates payout to your bank account on working days at 12:00 (CET).
• Depending on the bank the payment is available on the Account Holder's bank account the same day, next working-day or the working-day after that.

INTELLECTUAL PROPERTY

Unless otherwise specified, all Materials on this Site are the property of happyCOINS and are protected by copyright, trademark and/or other applicable laws. You may view, print and/or download a copy of the Materials from this Site solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices.

The Trademarks, service marks and logos of happyCOINS and others used in this Site are the property of happyCOINS and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site belong to happyCOINS. The Trademarks and Materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means. Any unauthorized use is prohibited and may violate copyright, trademark and/or other applicable laws and could result in criminal or civil penalties.

We may provide access to certain parties to access specific data and information through our API (Application Programming Interface) or through widgets. We also may provide widgets for your use to put our data on your Site. You are free to use these in their original unmodified and un-altered state.

LIABILITY

All Services are provided without warranty of any kind, either express or implied. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide you with the Services as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information. We will use reasonable endeavours to ensure that the Site can normally be accessed by you in accordance with these Terms of Use. We may suspend use of the Site for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in an emergency.

Account Holders represent and warrant that they are the legitimate owners and are allowed to use all digital currencies of the Transactions being carried out and do not infringe the rights of any third party or applicable laws. To the extent permitted by law, happyCOINS will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of these Terms of Use by happyCOINS. happyCOINS cannot be held liable for any malfunction, breakdown, delay or interruption to the Internet connection, or if for any reason our Services are unavailable at any time or for any period.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Subject to the foregoing, happyCOINS' aggregate liability in respect of claims based on events arising out of or in connection with use of the Services, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the amount of the Transaction(s) that is (are) the subject of the claim less any amount of Commission that may be due and payable in respect of such Transaction(s).

TERMINATION

Your agreement with happyCOINS may be terminated without reason by either party following settlement of any pending Transactions. Such termination will be effective when the terminating party receives the acknowledgment in writing of its notice to terminate from the other party. Such termination shall not affect the obligations or rights of either party under these Terms of Use which had accrued prior to the notice of termination, nor the Transactions and its related obligations and rights concluded before such termination was effective.

You also agree that happyCOINS may, in its sole discretion terminate your access to the Site and to your Account, including without limitation, our right to: limit, suspend or terminate the Services and close Accounts, prohibit access to the Site and its content, Services and tools, delay or remove hosted content, and take technical and legal steps to keep Account Holders off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms of Use. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another Account Holder’s Account or providing assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Services to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by happyCOINS, acting in its sole discretion.

We also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our Site or Services. Account Holders agree that happyCOINS will not be liable to them or to any third party for termination of their Account or access to the Site.

CONTACT US

If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms of Use and/or your use of your Account, the happyCOINS Services, or any other matter, please contact us: Contact.

Last updated: October 2020