TERMS OF USE

These Terms of Use and any terms incorporated herein (hereinafter, the “Terms”) apply to your (“user”, “you“) use of the Services, including https://ayrem.net/ (“Website“), the technology and the platform integrated therein and any related applications (including without limitation the mobile applications) associated therewith, which are operated and maintained by Ayrem Services.

Enforcement & Amendments

  1. These Terms of Use constitutes a binding agreement between Ayrem and its user who visits the Website and uses Services. This is effective immediately the user confirms that he has read and accepted these Terms of Use in their entirety before finishing the registration procedure.
  2. The user accepts that Terms of Use may be updated by Ayrem from time to time. If the user does not read and accept the Terms of Use in its entirety he should not use or continue using the Services.
  3. e reserve the right to alter, amend or modify these Terms from time to time, in our sole discretion. We will provide you with notice of such changes by sending an e-mail, providing notice on the homepage of the Website and/or by posting the amended Terms via our Website. The amended Terms will be deemed effective immediately upon posting and acceptance by users on Website.

Provided Services

  1. Our Services provide you with a possibility to Buy Data plans, Exchange Bitcoin and Gift cards to Naira.
  2. For the purposes hereof "Exchange" shall mean an exchange of gift cards and bitcoin at the terms and conditions set forth by exchanging parties, which is executed via the Third-party service in respective block-chain network. When you exchange Bitcoin you acknowledge and agree that the Exchange will be processed through the third-party exchange service with additional fees applicable to such Exchange. You acknowledge and agree that the exchange rates information made available via the Services are an estimation only and may differ from prevailing rates available via other sources outside of our Services.
  3. As of the data plans, there is tendency of slow delivery due to network provider vulnerability. In this case you are advised to exercise patience through which all transaction will be attended to without been delayed. Moreso, there will be additional charges attached to Network that will be supporting VTU and Share and Sell transfer (MTN) only.
  4. "Crypto Assets" herein shall be deemed as type of assets which can only and exclusively be transmitted by means of block-chain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange, such as Bitcoin, Ethereum, etc., to the full and absolute exempt of the securities of any kind.
  5. To be able to use all possibilities and functionality of our Services you shall go through the registration process and create an Account by signing up on any of the brand platform.

After you create or sign up for an account on any of Ayrem brand platform, you are entitle to: I

  1. change the password, it is advisable to use a strong password that you do not use for any other websites, online or off-line services and always try to keep the password away from all third parties. Promptly notify us if you discover any suspicious activity related to your account;
  2. . Provide accurate and functionable email address, which actually belongs to you and shall be, therefore, verified. The access to the services provided by the Ayrem without verification of the e-mail is not allowed and such will render your account unprocessed;
  3. All document you are uploading during sign up must be your such as name and phone number. You are tending to lose your account if anonymous activities or impersonation is been suspected.
  4. Agree to pass through Anti-Money Laundering". KYC refers to "Know Your Customer procedures, which may be applied to you according to our internal AML/KYC policies. As a part of such procedures, Ayrem reserves the right to request additional information and documents, which are aimed without limitation to identify our users and to prove the source of the funds;
  5. Take responsibility for all activities that occur under your Ayrem Account.

In order to perform the Exchange via our Services, our system will automatically generate the particular address, which contains information about the User; (ii) the crypto asset that User wants to. and (iii) the recipient phone number provided by the user where the data plans will be sent to. If crypto pair and/or recipient address change, a new address will be uploaded in the address bar.

YOU INDEMNIFY AND HOLD AYREM HARMLESS AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT SUCH AS NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM YOUR PERSONAL ERROR AND MISBEHAVIOR SUCH AS INCORRECTLY CONSTRUCTED TRANSACTIONS ETC.

In limited cases such as to carry out AML/KYC procedure, your Exchange may be delayed. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY DELAYS ARE POSSIBLE; YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, ORANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT SUCH AS NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXCHANGE OR DELIVERY DELAY, WHETHER ORIGINATED FROM OUR FAULT OR NOT.

AML and KYC procedure

Ayrem reserves the right to apply the AML/KYC procedure to particular users, addresses and particular transactions of crypto assets and gift cards transactions. The up-to-date information on the AML/KYC procedures can always be found at AML/KYC.

Eligibility

Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:

  1. you use our Services at your sole option, discretion and risk;
  2. you are solely responsible for any applicable taxes which may be payable while using our Services;
  3. you are at least 18 years old or of other legal age, according to your relevant jurisdiction;
  4. you agree to pay the service charge as defined by Ayrem, which We may change from time to time
  5. there are risks, associated with Internet-based system, such as the failure of hardware, software, and Internet connections and with the Blockchain Protocol, such as any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol or confirmation been delay;
  6. you guarantee that your Bitcoin belong to you and they are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets;
  7. You shall provide correct information for constructing Exchange (e.g. paying wallet address). Such wallet addresses shall not be associated with terrorism, fraudulent, scam or any type of illegal activity.

You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent, agree and warrant, that you will not:

  1. Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
  2. use our Services to participate in fraudulent, scam or any type of illegal activity;
  3. Exchange via our Services or attempt to pay-in crypto assets, which are obtained from illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities. With our Services the user can only use crypto assets, which are obtained from legal sources
  4. provide false, inaccurate, or misleading information
  5. attempt to modify, decompile, reverse-engineer or disassemble our software in any way;
  6. robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
  7. circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
  8. any third-party applications that interact with our Services without our prior written consent; an
  9. Encourage or induce any third party to engage in any of the activities prohibited under this section.

YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT SUCH AS NEGLIGENCE OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS

Third-Party Content and Services

For the purposes hereof "Third-Party Content" shall mean the content provided by third parties, including without limitation links to web pages of such parties, which may be represented on the Website and other Services. At the same time "Third-party service" refers to any platform or network in which Bitcoin belong to you or where you are the beneficial owner of crypto assets; and this platform is maintained by a third party outside of the Services; including, but not limited to third-party accounts.

No control over third-party services. You may be charged fees by the third-party service provider. Ayrem is not responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.

The exchange rates discrepancy is at any time possible due to the Third-Party algorithms. YOU INDEMNIFY AND HOLD AYREM HARMLESS AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT SUCH AS NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AFORESAID EXCHANGE RATES DISCREPANCY.

While using our Services, you may view Third-Party Content. We do not control, endorse or adopt (unless otherwise expressly stated by Us) any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.

Intellectual Property

All our intellectual property assets ("IP") including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are protected by local and international intellectual property laws and treaties.

We hereby grant you a limited, nonexclusive and non-sub licensable license to access and use our IP for your personal use only.

In any case you may not alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos.

The license granted under this Section will automatically terminate if Ayrem suspend or terminate your access to the Services.

In a case whereby you upload or share any feedback, suggestion, idea or other information or material with us, you automatically grant us a worldwide license to use your content. It becomes part of the public domain as long as it remains on our Website and Services. It can be used for marketing or any other purposes at our sole discretion.

Communications

You agree and consent to receive electronically all Communications that Ayrem may be willing to communicate to you in connection with your Ayrem Personal Account and/or use of our Services. For the purposes hereof, Communications shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to user by the brand. You may withdraw your consent to receive electronic Communications by sending a withdrawal/unsubscribe notice to support team. If this is a case your right to plead ignorance will be discarded.

Limitation of Liabilities

Except as expressly provided to the contrary in a writing by us, our Services are provided on an "As is" and "As available" basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

Except as otherwise required by law, IN NO EVENT SHALL AYREM, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT SUCH AS NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM AYREM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AYREM'S RECORDS, PROGRAMS OR SERVICES.

Exchanges via our Services cannot be canceled by Ayrem except in some special cases of not complying to our service terms. Therefore, check the details of your exchange details before making such exchange. Ayrem is not responsible for your Bitcoin once they have been sent outside of the Services. Moreover, Ayrem does not guarantee the uptime of the exchange.

To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AYREM (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT SUCH AS NEGLIGENCE OR OTHERWISE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, AYREM OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO AYREM WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.

We strive to protect our users from fraudulent and scam activities in the sphere of crypto assets. It is possible, that some Bitcoin are purposed for unlawful seizure of the property, or are construed as a fraud, scam or any other activity, recognized by the laws as illegal and/or non-compliant with legal requirements. Ayrem cooperates with law enforcements agencies and other competent authorities in order to determine and disclose such crypto assets. We reserve the right to prohibit and discontinue any Exchanges via our Services with such crypto asset at our sole discretion, without any prior notice to you and without publication of the reason for such decision, whenever this comes to our knowledge. YOU INDEMNIFY AND HOLD AYREM HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT SUCH AS NEGLIGENCE OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH PROHIBITION AND DISCONTINUATION OF EXCHANGES IN OUR WEBSITE WITH ANY CRYPTO ASSET.

No Offer of Securities

Ayrem takes all possible measures to integrate and exchange those digital coins and digital tokens and other types of digital mediums of exchange only that cannot be classified as “security” by SEC or other competent national authorities.

The responsibility for the fact that the crypto asset cannot be treated as “security” lies with the owner of digital token and/or digital coin. Ayrem reserves the right at its sole discretion to prohibit and discontinue any exchanges (as well as any other type of transaction) with the token or the coin if there is any risk or speculations that such token and/or coin can be treated as “security”.

Ayrem follows the best practices to decide whether Bitcoin are security or not. However, for the avoidance of any doubt the provisions of this clause shall not constitute or deemed to be construed to constitute any warranty and/or investment, financial, legal or any other professional advice, that any crypto asset available through our Services is not a security.

Termination of the Terms

Ayrem reserve the right to terminate these Terms and delete your Ayrem Account and registration (including your username and password) in the following cases, if:

  1. for any reason We decide to discontinue to provide the Service, by providing at least a 21 (twenty-one) calendar days’ notice (which shall be provided by e-mail and on user’s notification page);
  2. We believe that you have breached any of the terms of these Terms, immediately without notice;
  3. we receive a user’s termination request

Applicable Law; Arbitration

You and Ayrem agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.

You and Ayrem agree to notify each other in writing of any dispute within twenty-one (21) days of when it arises. Notice to Ayrem shall be sent to [email protected] ​

Any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Nigeria Arbitration Centre under the Nigeria Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

The law of this arbitration clause shall be Nigerian law and the seat of arbitration shall be in Nigeria

The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English language.

Other than class procedures and remedies discussed, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Nigeria, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

Whether the dispute is heard in arbitration or in court, you will not commence against Ayrem a class action, class arbitration or representative action or proceeding.

IN ADDITION

These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services.

In the event of any conflict between these Terms and any other agreement you may have with Ayrem, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.

Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Ayrem, including by operation of law or in connection with any change of control. Ayrem may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

ANTI-MONEY LAUNDERING AND KNOW YOUR CUSTOMER

INTRODUCTION

Ayrem strive to protect its users from fraudulent and scam activities in the crypto assets sphere. It is possible, that certain crypto assets are used for scam or any other criminal activity, as defined by law. In order to prevent this, it is necessary to take measures to ensure customer verification and security of financial transactions. One of the best measures is AML/KYC procedure, which allows to confirm, that you are a law-abiding individual or corporation.

Ayrem has a risk scoring system that is able to spot suspicious activity. If a transaction is flagged by the system, it is put on hold and the user is asked to pass AML & KYС verification. For the reasons of security, we are not able to disclose specific criteria of our system, however, it has proven to be very effective against money launderers, scammers etc.

Ayrem reserves the right to apply the AML/KYC procedure to certain Users, addresses and particular transactions of crypto and gift cards assets. Application of the AML/KYC procedure is based on Ayrem service internal policies and aimed at preventing and mitigating possible risks of Ayrem service being involved in money laundering as well as any other illegal activities.

Be informed, that Ayrem reserves the right to appoint Third-party service provider in order to fulfil AML/KYC procedure on its behalf. While processing your information, such service provider completely complies our Privacy Policy in respect of your personal information.

Ayrem service can provide the information collected during AML/KYC procedure to the competent authorities upon legitimate request.

We will not enter a business arrangement with individual or entity suspected of or directly involved in money laundering, or in which the funds have been the source of illegal activity.

AML and KYC Stages

AML/KYC procedure might be applied in respect to those crypto/gift cards assets, which are determined by our automated risk prevention system as suspicious. In these cases, Ayrem will notify the user by email registered with the problematic account.

AML/KYC procedure includes confirming the identity of Users by means of:

  1. A high-quality photo of their ID (passport or driving license) valid in their country;
  2. Proof of the origin of funds;
  3. Any other applicable documentation.

Upon successful completion of the AML & KYC verification, the transaction that was put on hold will be processed.

In response to Ayrem request for a user’s documentation, Ayrem takes all possible measures to recognize the deceptive documentation or other false information and reserves the right to investigate certain users or transactions which have been detected to be risky or suspicious.

If there is any reasonable doubt that any information provided by user is wrong, untruthful, outdated or incomplete, Ayrem has the right to send user a notice to demand corrections or terminate all of the services to the user.

DISCLAIMER

Ayrem keeps working tirelessly in providing adequate and effective services to all our users on quick and transparent procedures updates that maybe delivered to our users via email and other means as well as on notification page on the website https://Ayrem.net/ ​

CONTACT US

If you have any questions about AML/KYC procedure, please contact us via ​​[email protected]​.