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Gifting Crypto Terms and Conditions
Last updated: January 24, 2022
1. Acceptance of Gifting Crypto Terms; Modification of Gifting Crypto Terms
Welcome to Gemini (“Company”, “we”, “us”, or “our”)! These terms and conditions (“ Gifting Crypto Terms”) constitute a legally binding agreement between the Company (and any or all of its affiliates) and each registered end-user (each, a “User”, “you” or “your”) of the Gifting Crypto Terms on the mobile application or such other URL as may be designated by the Company from time to time, as well as any mobile apps or other related services or applications thereto (collectively, “Gifting Crypto”, “product”).
Gifting Crypto is considered part of the “Gemini Services” as defined in the Company’s User Agreement (“User Agreement”) set forth here. The User Agreement is incorporated by reference into these Gifting Crypto Terms, and in addition to the Gifting Crypto Terms, governs your use and access of Gifting Crypto and your Gemini Account. In the event of a conflict between the terms of these Gifting Crypto Terms and the User Agreement, the Gifting Crypto Terms will prevail. Capitalised terms that are used in these Gifting Crypto Terms but not expressly defined are as defined in the User Agreement.
Please carefully review these Gifting Crypto Terms and the User Agreement. By accessing and using Gifting Crypto (including by gifting or redeeming any Gifting Crypto), you are deemed to have read, accepted, executed, and agreed to be bound by these Gifting Crypto Terms (including the User Agreement as incorporated by reference herein). We may change or amend Gifting Crypto or these Gifting Crypto Terms at any time at our sole and absolute discretion. You irrevocably acknowledge and agree that the form and nature of Gifting Crypto, and/or any part of it, may change from time to time without any prior notice to you and that we may add new or remove features and change any part of this product. The latest version of these Gifting Crypto Terms will always be available here on this page.
IF ANY PROVISION OF THESE GIFTING CRYPTO TERMS AND/OR THE USER AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE GIFTING CRYPTO. YOUR CONTINUED USE OF GIFTING CRYPTO, INCLUDING PURSUANT TO THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF SERVICE (OR LACK THEREOF), SHALL CONSTITUTE YOUR IRREVOCABLE ACCEPTANCE AND AGREEMENT TO SUCH CHANGE(S).
2. Gifting Crypto; Gemini Account Balance; Redemption
Gifting Crypto is operated and managed by Gemini Trust Company, LLC. Subject to any prevailing restrictions the Company may impose on Gifting Crypto from time to time, your Digital Asset balance displays the total remaining balance of all Gifting Crypto that is available for gifting.
Recipients of Gifting Crypto are able to redeem their Digital Asset within a time period to be determined by Gemini in its sole and absolute discretion. Upon redemption, the value of such Digital Asset will be added to the recipient User’s Digital Asset balance. Failure to accept a Gifting Crypto within the stipulated time period will result in the Gifting Crypto being cancelled and void.
3. Limitations of Usage; Assumption of Risks
There are certain restrictions in connection with the use of Gifting Crypto. If you engage in these activities, we may restrict you from gifting and/or a recipient from claiming or redeeming the Gifting Crypto, or may take any further action (in our sole and absolute discretion) on your Gemini Account without a refund.
The list of prohibited activities includes, but is not limited to, the following:
- Sell or exchange Gifting Crypto for cash or for any other payment-related instrument.
- Give or receive Gifting Crypto as payment for goods or services off Gemini. A non-Gemini entity or individual asking for Gifting Crypto as a payment method for goods or services may be a scam.
- Fraudulent, unauthorized, or other unlawful behaviours. We will not process the redemption of a Gifting Crypto if we reasonably believe that the use (or potential use) is unauthorized, fraudulent, or otherwise unlawful. Gemini has no direct or indirect liability to you for any third-party fraud or unlawful activity associated with any Gifting Crypto. If the Company discovers any Gifting Crypto and/or Digital Assets in the Gemini Account were sourced or derived from fraud, unauthorised or other unlawful means, we may in our sole and absolute discretion, cancel all Gifting Crypto and restrict and retain all related Gemini Account(s) without notice to you.
For the avoidance of doubt, the list of prohibited activities above is not intended to be a complete or exhaustive list of all prohibited activities. Engaging in any activity that, in our sole and absolute discretion, disrupts, or is harmful to us, our users, our reputation, goodwill, business, or operations is prohibited. Engaging in any prohibited activities, or using the Gifting Crypto in violation of the Gifting Crypto Terms and/or the User Agreement may result in us taking action(s) against you, including, but not limited to, preventing you from claiming or redeeming any Gifting Crypto, revoking and/or closing your Gemini Account(s).
It is your sole responsibility to safeguard and maintain the security of your Gifting Crypto from unauthorized use. You are responsible for all transactions of your Gifting Crypto and Gemini Account including any unauthorized transactions. We disclaim all liability and are not responsible in any way whatsoever for any Gifting Crypto that is lost, stolen, or destroyed, or if your Gifting Crypto is used without your permission.
4. Use of any Gifting Crypto in Violation of the Gifting Crypto Terms
By using Gifting Crypto you hereby irrevocably agree to comply with the Gifting Crypto Terms and the User Agreement, and agree not to use the Gifting Crypto in any manner whatsoever that may be misleading, deceptive, unfair, or otherwise harmful to the Company, any Gemini Service Provider, or its users. We reserve the right, without notice to you, to void the Gifting Crypto (including as a component of your Gemini Account) without a refund, suspend or terminate your Gemini Account, suspend or terminate your ability to use our services, if we have any reason whatsoever (in our sole and absolute discretion) to suspect that this product is, or has the potential to, be used or applied (in any way whatsoever) to a Gemini Account fraudulently, unlawfully, contravening any Applicable Laws and Regulations, or otherwise in violation of the Gifting Crypto Terms and/or the User Agreement.
5. Tax
A User (either as gifter or a recipient) agrees to be respectively responsible and assume its own income tax or other tax payable as required under all Applicable Laws and Regulations.