TERMS OF USE
Last Updated: January, 2020
These Terms of Use and any terms incorporated herein (hereinafter, the “Terms”) apply to your
(“user”, “you“) use of the Services, including https://Izikjon.com/ (“Website“), the technology and the
platform integrated therein and any related applications (including without limitation the mobile one)
associated therewith, which are operated and maintained by Izikjon Services (“Izikjon”, “We”, or
“Us”).
We provide you with the possibility to use our Services as defined above on the following terms and
conditions.
1. Enforcement & Amendments
1. These Terms of Use constitutes a binding agreement between Izikjon and the user as soon
as the user visits the Website and uses Services. By doing so, 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 Izikjon 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. We 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 and updating the
"Last Updated" date at the top of these Terms. The amended Terms will be deemed effective
immediately upon posting on Website.
2. Provided Services
1. Our Services provide you with a possibility to 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. "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, Ripple, etc, to
the full and absolute exempt of the securities of any kind.
4. To be able to use all possibilities and functionality of our Services you shall go through the
registration process and create an Izikjon Account. "Izikjon Account" is a user account accessible
after the registration process and via the Services where the user may request to make a Bitcoin
exchange.
When you create an Izikjon Account you oblige to:
I. change the password, which is generated by our Services automatically, for a strong
password that you do not use for any other websites, online or off-line services;
II. Provide accurate e-mail, which actually belongs to you and shall be, therefore,
verified. The access to the services provided by the Izikjon without verification of the
e-mail is not allowed;
III. maintain the security of your Izikjon Account and promptly notify us if you discover
any suspicious activity related to your account;
IV. Agree to pass through AML/KYC procedures, which may be applied to you according
to our internal AML/KYC policies. As a part of such procedures, Izikjon reserves the
right to request additional information and documents, which are aimed without
limitation to identify our user and to prove the source of the funds;
V. Take responsibility for all activities that occur under your Izikjon Account.
1. 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
exchange and the crypto asset that User wants to receive (jointly - "crypto pair"); and (iii) the recipient
address provided by the user (the address where exchanged Bitcoin will be deposited). All addresses
are reusable: those addresses can be used to perform an unlimited amount of transactions with the
same parameters. If crypto pair and/or recipient address change, a new address will be generated by
our system.
2. YOU INDEMNIFY AND HOLD IZIKJON 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 (INCLUDING BUT NOT LIMITED TO
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 INCORRECT USE OF REUSABLE ADDRESS,
INCORRECTLY CONSTRUCTED TRANSACTIONS ETC.
3. Izikjon does not provide custodial services, which means, we do not store your Bitcoin on
deposits and balances. In limited cases such as e.g. necessity 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, 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 (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE EXCHANGE DELAY, WHETHER ORIGINATED FROM OUR FAULT OR
NOT.
3. AML and KYC procedure
1. In furtherance of the clause 2.4.4 Izikjon reserves the right to apply the AML/KYC procedure
to particular users, addresses and particular transactions of crypto assets.
2. The up-to-date information on the AML/KYC procedures can always be found at AML/KYC.
4. Eligibility
1) 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 fees for Exchanges completed via Services as defined by
Izikjon, 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;
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 and pay
out wallet address). Such wallet addresses shall not be associated with terrorism, fraudulent, scam or
any type of illegal activity.
2) 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. use our 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. use any robot, spider, crawler, scraper or other automated means or interface not
provided by us to access the Services or to extract data;
7. attempt to 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. develop any third-party applications that interact with our Services without our prior
written consent; AND
9. Encourage or induce any third party to engage in any of the activities prohibited under
this Section.
3) 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 (INCLUDING BUT NOT LIMITED TO 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.
5. Third-Party Content and Services
1. 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.
2. No control over third-party services. You may be charged fees by the third-party service
provider. Izikjon 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.
3. The exchange rates discrepancy is at any time possible due to the Third-Party algorithms.
YOU INDEMNIFY AND HOLD IZIKJON 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 (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
AFORESAID EXCHANGE RATES DISCREPANCY.
4. 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.
6. Intellectual Property
1. 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, colour scheme and graphics are protected by local and international intellectual property laws
and treaties.
2. We hereby grant you a limited, nonexclusive and non-sub licensable license to access and
use our IP for your personal use only.
3. 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.
4. The license granted under this Section will automatically terminate if We suspend or terminate
your access to the Services
5. In case you upload or share any feedback, suggestion, idea or other information or material
("Content") 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.
7. Communications
1. You agree and consent to receive electronically all Communications that Izikjon may be
willing to communicate to you in connection with your Izikjon 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
Izikjon. You may withdraw your consent to receive electronic Communications by sending a
withdrawal notice to support. If this is a case you waive your right to plead ignorance. If you decline or
withdraw consent to receive electronic Communications, Izikjon may suspend or terminate your use of
the Services.
8. Limitation of Liabilities
1. 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.
2. Except as otherwise required by law, IN NO EVENT SHALL IZIKJON, 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 (INCLUDING BUT NOT LIMITED TO
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 IZIKJON, 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 MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO IZIKJON'S RECORDS, PROGRAMS OR
SERVICES.
3. Exchanges via our Services cannot be canceled by Izikjon. Therefore, check the details of
your exchange details before making such exchange. Izikjon is not responsible for your Bitcoin once
they have been sent outside of the Services. Moreover, Izikjon doesn’t guarantee the uptime of the
exchange.
4. To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF IZIKJON (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS,
EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT
LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR
INABILITY TO USE, IZIKJON OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO
IZIKJON WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING
RISE TO SUCH LIABILITY.
5. 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. Izikjon 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 IZIKJON 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 (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM
OR IN ANY WAY CONNECTED WITH PROHIBITION AND DISCONTINUATION OF EXCHANGES
IN OUR WEBSITE WITH ANY CRYPTO ASSET.
9. No Offer of Securities
1. Izikjon 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.
2. 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. Izikjon 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“.
3. We follow 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 that any crypto asset available through our Services is not a security.
10. Termination of the Terms
1. We reserve the right to terminate these Terms and delete your Izikjon Account and
registration (including your username and password) in the following cases:
1. If for any reason We decide to discontinue to provide the Service, by providing at
least a 3 (three) calendar days’ notice (which shall be provided by e-mail);
2. If We believe that you have breached any of the terms of these Terms, immediately
without notice;
3. If we decide to terminate our Services, immediately without notice.
11. Applicable Law; Arbitration
1. You and Izikjon 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.
2. You and Izikjon agree to notify each other in writing of any dispute within thirty (30) days of
when it arises. Notice to Izikjon shall be sent to [email protected]
3. 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.
4. The law of this arbitration clause shall be Nigerian law.
5. The seat of arbitration shall be in Nigeria.
6. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in
English language.
7. Other than class procedures and remedies discussed below, 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.
8. Whether the dispute is heard in arbitration or in court, you will not commence against Izikjon a
class action, class arbitration or representative action or proceeding.
12. Miscellaneous
1. These Terms contain the entire agreement, and supersede all prior and contemporaneous
understandings between the parties regarding the Services.
2. In the event of any conflict between these Terms and any other agreement you may have with
Izikjon, the terms of that other agreement will prevail only if these Terms are specifically identified and
declared to be overridden by such other agreement.
3. Our failure or delay in exercising any right, power or privilege under these Terms shall not
operate as a waiver thereof.
4. 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.
5. You may not assign or transfer any of your rights or obligations under these Terms without
prior written consent from Izikjon, including by operation of law or in connection with any change of
control. Izikjon may assign or transfer any or all of its rights under these Terms, in whole or in part,
without obtaining your consent or approval.