Terms of Service
PLEASE GO THROUGH THESE TERMS OF SERVICE DILIGENTLY AND THOROUGHLY. BY USING OR ACCESSING DIAMCIRCLE, YOU HEREBY AGREE TO ADHERE TO THE TERMS AND CONDITIONS MENTIONED IN THIS DOCUMENT ALONG WITH ALL THE TERMS THAT ARE IMPLEMENTED BY REFERENCE. IN CASE, YOU DON’T AGREE TO THE TERMS STATES, PLEASE REFRAIN FROM USING THE WEBSITE/APP.
Parties involved with these Terms of Service
In the following Terms of Service, the “Terms”, are to be followed by and between
- DiamCircle and its affiliated companies and subsidiaries (‘DiamCircle’, ‘Services’, ‘us’ or ‘we’ along with, collectively the ‘WebWebsite/App’ or ‘App’)
- The user who has electronically signed and acknowledged the Terms (referred to as ‘User’ or ‘Customer’)
These Terms of Service apply to your use and access of the DiamCircle WebWebsite/App/App. The DiamCircle holds the rights to replace or modify these terms and conditions mentioned in the document herein or any other policy/guideline of the Website/App, at its sole discretion at any time. We will notify of any changes made by publishing the revised and updated version of Terms of Service to the Website/App and by changing the date of the last update on the page, if not then else through other means of notification as determined by DiamCircle each time at its discretion.
Using a specific form of notification in certain cases does not oblige us to make use of the same form for other cases. On an occasion of any changes or alterations are made, it will come to effect immediately after it has been posted along with the revisions to the Website/App and will apply to your use of the same as well. You relinquish any of your right to receive particular notice of such modifications. Your continual use of the Website/App will be a confirmation of your acceptance of the changes and modifications.
Hence, you must review all the Terms of Service and the applicable policies when using the Website/App so that you can understand the terms of usage and adhere to the same. You can review the latest version of the Terms of Service by clicking the “Terms of Service” link that is located at the bottom of the DiamCircle Website/App. In case you don’t agree with the terms, it is advised that you refrain from accessing the Website/App.
DiamCircle Service definition
DiamCircle provides services that allows users to:
- Register and use their single wallet to hold digital assets and Fiat currencies.
- Load and store digital assets and Fiat in a single digitally secured wallet
- Send/receive digital assets and Fiat all over the world for individual or business purposes
- To send and receive different cryptocurrencies worldwide
By using the Website/App, you are representing and warranting that you haven’t been removed or suspended from the Website/App. You are representing and warranting that you are not: (a) identified as a “Specially Designated Nationals and Blocked Persons” (OFAC SDN list), or (b) placed on any other international sanction lists. You further represent and warrant that you will not use the Website/App if the laws of your country prohibit you from doing so following these Terms of Service.
To use and access certain key features on the Website/App, you must create an account with DiamCircle (‘Account’). You have to agree to (a) provide accurately, updated, and complete information when creating an Account; (b) promptly update and maintain your Account information; (c) maintain the confidentiality and security of your login details and restrict the access to your Account and your device; (d) immediately notify DiamCircle if you discover or suspect any security breaches related to the Website/App; and (e) take responsibility for the activities that happen under your Account and accept all the risks of unauthorized access.
Customer ID Verification
The identification and verification process (KYC or Know Your Customer) is essential for all transactions on DiamCircle. All of the existing and the new customers as well must abide by and pass the verification process. DiamCircle reserves all rights to limit the Website/App functionality to the Users/Customers who have not passed the verification. If the customer refuses to provide required documents and information under KYC, DiamCircle reserves the right to immediately terminate all of the services provided to the same.
The customer undertakes to provide DiamCircle with the correct and relevant documents and personal information. In case the customer furnishes counterfeit documents or false personal information, then such behavior will be interpreted as fraudulent activities.
The customer hereby authorizes DiamCircle to, directly or indirectly make any queries as it is considered necessary to check the accuracy and relevance of the information that has been provided for verification purposes. Any transfer of personal data will be strictly limited to the necessary and along with security measures to protect the data.
Any kind of transmission of information or data online or networks that are publicly accessible is not considered a hundred percent secure and thus poses a risk of possible interception, loss, or alteration while on move. Accordingly, DiamCircle doesn’t assume any liability for any damage you may experience or the costs that you may incur as a result of any transmission online or other publicly accessible networks.
Unless or otherwise indicated in the Website/App, all content and materials including, without limitation, the DiamCircle logo and brand-specific designs, texts, graphics, pictures, data, information, software, sound files, and the selection and arrangement are the property of DiamCircle or Customers or its Licensors and are protected by international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Website/App DiamCircle materials; subject to these Terms of Service. Except as expressly permitted on the Website/App, in these Terms of Service or otherwise in writing by DiamCircle, such license does not include:
- Any resale or commercial use of the Website/App or the DiamCircle Materials;
- The distribution, public performance, or public display of any DiamCircle Materials;
- Modifying or otherwise making any derivative uses of the Website/App and the DiamCircle Materials, or any portion thereof;
- Use of any data mining, robots, or similar data gathering or extraction methods;
- Downloading of any portion of the Website/App, the DiamCircle Materials, or any information contained therein;
- Any use of the Website/App or the DiamCircle Materials other than for its intended purpose.
Any use of the Website/App or the DiamCircle Materials other than as specifically authorized herein, without the prior written permission of DiamCircle, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms of Service will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
“DiamCircle”, the DiamCircle logos, and any other DiamCircle product or service name, logo, or slogan contained in the Website/App are trademarks or service marks of DiamCircle (the “DiamCircle Marks”) and may not be copied, imitated, or used, in whole or in part, except as expressly permitted in these Terms or on the Website/App or with the prior written permission of DiamCircle.
Also, the look and feel of the Website/App, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of DiamCircle and is part of the DiamCircle Marks and may not be copied, imitated or used, in whole or in part. All other registered trademarks, product names, and company names or logos mentioned in the Website/App are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the written permission of the applicable trademark holder. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
The DiamCircle and its Customers might provide third party content on the Website/App and provide links to content and web pages that are not controlled or owned by DiamCircle as a service to those interested in this information. You agree and acknowledge that DiamCircle is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Customers use such Third Party Content contained therein at their own risk. DiamCircle will not be held responsible for any loss or damage of any sort that has been incurred as a result of the presence of Third Party Content on the Website/App.
You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding DiamCircle or the Website/App (collectively, “Feedback”) that are provided by you, whether by email, posting to the Website/App or otherwise, are non-confidential and will become the sole property of DiamCircle. DiamCircle will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
DiamCircle is seeking to ensure continuous access to DiamCircle, but cannot guarantee permanent availability. This primarily applies in cases of attacks to the network infrastructure, e.g. by so-called DDoS attacks that may occur with varying degrees of seriousness.
DiamCircle does not accept liability for damages arising to a customer as a result of using the services provided or contents published by DiamCircle. This disclaimer shall not apply however in cases of intentional or grossly negligent behavior on the part of DiamCircle or any of its vicarious agents. Also, this disclaimer does not apply to any damage arising from injury to life, body, or health resulting from a breach of duty by DiamCircle or any of its vicarious agents. Furthermore, the above disclaimer does not affect DiamCircle's liability for the breach of any obligations, the proper fulfillment of which is essential for the proper performance of the contract, and on the fulfillment of which the customer may reasonably rely on.
Termination of Rights
Provided no term or another termination clause has been agreed between the parties, the customer may terminate the entire business relationship at any time without observing a notice period. Notice of termination may be given to DiamCircle over the Web Application or in text form. DiamCircle may terminate its business relationship with the customer at any time by way of an ordinary termination giving no less than two months prior notice. When determining the notice period, the bank will take account of the customer's legitimate interests.
DiamCircle may terminate its business relationship with the customer without observing a notice period if there is an important reason for which DiamCircle cannot be reasonably expected to continue the business relationship even in consideration of the customer's legitimate interests. Another important reason for termination is when a customer revokes his consent to the collection and use of data by DiamCircle because DiamCircle will no longer be able to provide the services it offers without storing and using the customer's data. Notice of termination will be given by e-mail to the e-mail address provided by the customer.
Instant Payment Terms
You are solely responsible for understanding and complying with any laws, rules, and regulations of your specific jurisdiction that may apply to you in connection with your use of the Instant Payment.
To be eligible to use the Instant Payment, you must be at least 18 years old. Your eligibility to access certain services also depends on the country in which you reside. Before using, learn about possible restrictions following the laws of your residence country. You further represent and warrant to us that you are not acting on behalf of, or for the benefit of, anyone else, and you are not using our services for and under the direction of the company that employs you.
Instant Payment Service
Instant payment service provides you with the opportunity to pay for goods and services of DiamCircle’s partner companies, without any need to manually specify the amount and payment details. To make an Instant Payment by DiamCircle, you just need to select the required product on the Website/App of the partner’s store and choose the method of payment through DiamCircle. If you are a DiamCircle user, you will need to log in to the system, or if you are not our user, you can make Instant Payments as our guest.
You may check your transaction history by logging into your account in the DiamCircle system. We will update your transaction history near real-time. Your transaction history will show: (i) date of time: (ii) transfer id; (iii) sender and receiver wallet address; (iv) total transfer amount and transfer status.
We will deduct the value of your transactions and any applicable fees from your funding source at the time of the transaction. If you make a transaction, any applicable fees will be added to the amount of the transaction so that the total sum of your transaction amount plus the applicable fees will be deducted from your funding source. If you are attempting a transaction or redeeming funds over the available balance on your funding source at the time the request is made plus any applicable fees, then your request will not be processed. You should check all the fees which apply to you.
Unless otherwise provided by these Terms of Service, all successful transactions shall not be refundable under any circumstances, including but not limited to the termination of these Terms for whatever reason. The transaction shall be considered successful if the transaction amount has been received by the partner’s store. The transaction shall be considered unsuccessful if the transaction amount has not been received by the partner’s store. The entire amount of an unsuccessful transaction shall be refunded to your DiamCircle account.
We reserve the right to change or modify the terms and conditions contained in these Terms at any time and in our sole discretion. We will provide notice of these changes by posting the revised Terms to the Website/App and changing the “Last Updated” date at the top of the Terms, or by providing other means of notice as we will determine each time in its sole discretion.
If you have any queries related to these Privacy Policies, along with your rights and obligations that are arising from these terms of usage please contact DiamCircle at firstname.lastname@example.org
15621 W 87th St Pkwy Suite#146,
Lenexa, KS 66219, United States