Terms and Policies
(1) Acceptance of Terms of Use
By using the Leondrino Platform (located at the domains www.Leondrino.com, www.Leondrino.de, www.Leondrino.exchange and including the subdomains wallet.Leondrino.com, trade.Leondrino.com, exchange.Leondrino.com), the Leondrino Network, the LEONDRINO API, and any associated LEONDRINO-hosted websites or mobile applications (collectively the “LEONDRINO Website”), and any of the services provided to you by LEONDRINO (together with the LEONDRINO Website, the “LEONDRINO Services”) or signing up to use a Leondrino User Account (hereinafter “Account”), you (“you, your, or yourself”) are agreeing to accept and comply with the terms and conditions of use stated below (hereinafter “Terms”). You should read the entire Terms carefully before you use the LEONDRINO Website or any of the LEONDRINO Services.
As used in these Terms, “LEONDRINO” refers to the company Leondrino Inc. and its licensee for Germany, the Leondra GmbH (LEONDRA), including, without limitation, its owners, directors, investors, employees or other related parties. Depending upon the context, “LEONDRINO” may also refer to the services, products, website, content or other materials (collectively, “LEONDRINO Services”) provided by Leondrino through the LEONDRINO Website.
The Leondrino plans for the LEONDRINO Services to include the issuance and administration of private branded currencies (hereinafter “Leondrino” or “Leondrino Currencies”) and associated services like trading Leondrino and Leondrino Vouchers respectively.
The planned LEONDRINO Services will allow buyers (hereinafter “Buyers”) and sellers (hereinafter “Sellers”), to buy and sell Leondrino and earn Bonus Leondrino Vouchers. For now, the LEONDRINO Services allow all registered users of the LEONDRINO Services (hereinafter “Members”) to:
- Open a Leondrino Wallet
- Hold Leondrino Vouchers
- Activate Leondrino Vouchers
- Use Leondrino Vouchers for purchasing goods (if applicable)
- Trade Leondrino Vouchers (up to a defined limit of trade volume per year and/or total amount per person)
The planned future LEONDRINO Services will include the following (after Leondrino is a licensed issuer and administrator of Leondrino Currencies)
- Convert Leondrino Vouchers into Leondrino Currencies
- Hold Leondrino
- Buy Leondrino
- Sell Leondrino
- Transfer Leondrino to other Members or other users of Leondrino outside LEONDRINO Website
- Use Leondrino for purchasing goods
- Trade Leondrino
- Access and use the extended LEONDRINO Eco-System beyond Leondrino Wallet
Depending on your country of residence, you may not be able to use all the functions of the LEONDRINO Website. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access the LEONDRINO Services. As long as you agree to and comply with these Terms, Leondrino grants to you a personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use LEONDRINO Services.
If you do not accept the Terms and Conditions outlined herein, do not access the LEONDRINO Website and do not use the LEONDRINO Services.
(2) Eligibility
By accessing or using the LEONDRINO Services associated to Leondrino Vouchers, you expressly represent and warrant:
(1) You have accepted these Terms;
(2) You are at least 14 years of age and have the full capacity accept these Terms and enter into a transaction involving Leondrino Vouchers; and
(3) You will not use the LEONDRINO Services if the laws of your country prohibit you from doing so in accordance with these Terms.
By signing up to use the Leondrino Account and accessing or using the LEONDRINO Services associated to Leondrino Currencies, you expressly represent and warrant that:
(4) You have accepted these Terms;
(5) You are at least 18 years of age and have the full capacity to accept these Terms and enter into a transaction involving Leondrino Currencies;
(6) You are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services;
(7) You are not identified as a “Specially Designated National”;
(8) You are not placed on the Commerce Department’s “Denied Persons” List; and
(9) You will not use the LEONDRINO Services if the laws of your country prohibit you from doing so in accordance with these Terms.
(3) Leondrino Digital Currency Services for Members
The following “Leondrino Digital Currency Services” which are a subset of the Leondrino Services are provided to members by Leondra GmbH – the licensee of Leondrino operating in Germany under German legislation:
- A hosted Leondrino Wallet enabling you to store, track and manage your balances of Leondrino, currently only Leondrino of token classes E, D and C (“Leondrino”), and one or more hosted Leondrino wallets enabling you to store, track, manage and transfer external digital currencies, currently only Ethereum (“External Digital Currency“);
- A service to purchase tokens, based on the Leondrino Lifecycle and its policies, during initial token or coin offerings from companies (“Leondrino Primary Market Service”);
- A Restricted Exchange Service enabling you to obtain prices for your purchases and sales of Leondrino (“Leondrino Restricted Exchange“);
- A Restricted Leondrino Conversion Service enabling you to buy and sell Leondrino of token class C (which are eligible for restricted trade) for External Digital Currencies via Leondra GmbH (“Leondrino Restricted Conversion Services“).
(4) Limitations for Leondrino Digital Currency Services
Currently, Leondrino Digital Currency Services are only offered for Leondrino token classes E, D and C by Leondra GmbH as German licensee of the Leondrino (also called Leondrino Germany). The general description of the Leondrino token classes and its restrictions regarding frequency and volume of transactions can be found in the FAQ section on the Leondrino Website.
Leondrino Restricted Exchange and Leondrino Restricted Conversion Services are only offered for Token Class C Leondrino of companies that completed their Leondrino ICO and that are eligible for this service. One major criterion for the eligibility is that the associated company is able to offer products & services in exchange for its Leondrino.
Leondra GmbH is in preparation to apply for a multilateral trading facility and its associated licenses in Germany. As long as Leondra GmbH is not licensed, it applies necessary restrictions regarding transfer, trade, volume and frequency of Leondrino transactions.
(5) Risks of Using LEONDRINO Services
Initially Leondrino Vouchers are distributed without any obligation of Leondrino to take them back for compensation. As soon as the trading of Leondrino Vouchers and/or Leondrino Currencies is permitted for selected brands, a price will be built based on supply and demand.
The trading of goods and products, real or virtual, as well as virtual currencies, involves significant risk.
Prices can and do fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency – virtual or not – may be subject to large swings in value and may even become nearly worthless when the corporation owning the related brand of the currency ceases to exist. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
Leondrino Currency trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Leondrino Currencies are a unique kind of virtual currency, whose value is related to the current and future business of the associated brand – and trust. Leondrino through its organizational unit Autonomia can take corrective action to meet the goals of the monetary policy of a Leondrino currency by influencing the supply of the currency. The monetary policy actions will follow rules to meet the goal of keeping the price volatility within in a limited bandwidth. The goals will be defined by the monetary policy of a Leondrino Currency and will be made transparent to the market.
Leondrino will not issue Leondrino Currencies and will not allow trading of Leondrino Currencies until it has received a license to issue and administer Leondrino Currencies as a virtual currency from the New York State Department of Financial Services. Regardless of whether a Member is a resident or present in New York State, each Member must abide by these Terms. Before Leondrino Vouchers can be converted to Leondrino Currencies, the Leondrino will provide Members with the terms and conditions governing such conversions.
Trading of Leondrino Currencies may be susceptible to irrational (or rational) bubbles or loss of confidence, which could materially reduce demand relative to supply. For example, demand for a Leondrino Currency may significantly decrease relative to supply because of unexpected changes imposed by a government action, civil unrest, Acts of God, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also be eroded because of technical problems: if money and or Leondrino Currencies and or Leondrino Vouchers are lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
There may be additional risks that we have not foreseen or identified in our Terms.
You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Leondrino Currencies and consult with your own financial, accounting, tax and legal advisers.
We use our banking providers to receive client funds and make payments denominated in government-issued currencies. Currently, our banking providers DO NOT transfer Leondrino Currencies, exchange Leondrino Currencies, or provide any services in connection with Leondrino Currencies.
(6) Copyright and Limited Right of Use
Unless otherwise specified, all Materials on the LEONDRINO Website and used for LEONDRINO Services are the property of Leondrino and are protected by copyright, trademark, and other applicable laws. You may view, print and/or download a copy of the Materials from the LEONDRINO Website on any single computer 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 Leondrino and others used on the LEONDRINO Website and in the LEONDRINO Services (“Trademarks”) are the property of Leondrino or others. The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on the LEONDRINO Website and in the LEONDRINO Services belong to Leondrino. The Trademarks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site or networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes and may result in criminal or civil penalties.
(7) Sign-Up and Maintaining your Account
The LEONDRINO Services are for your personal use only. Currently, the LEONDRINO Services are restricted to non-commercial usage.
We are vigilant in maintaining the security of the LEONDRINO Website and the LEONDRINO Services. By signing up with us, you agree to provide Leondrino with current, accurate, and complete information about yourself as prompted by the registration process, and to keep such information updated. You further agree that you will not use any Account other than your own or access the Account of any other Member at any time, or assist others in obtaining unauthorized access.
The creation or use of Accounts without obtaining the prior express permission from Leondrino will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software, or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and Leondrino may elect to take further action against you.
You also are responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own Leondrino Vouchers and Leondrino Currencies, and for all activity including Transactions that are posted to your Account. If there is suspicious activity related to your Account, we may, but are not obligated, to request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests or accept termination of your Account. You are required to notify Leondrino immediately of any unauthorized use of your Account or password, or any other breach of security by email addressed to support@Leondrino.com. Any Member who violates these rules may be terminated, and thereafter held liable for losses incurred by Leondrino or any user of the LEONDRINO Services.
Leondrino similarly reserves the right to freeze Leondrino accounts. The individual freeze is intended primarily for complying with regulatory requirements, which may vary from one jurisdiction to another. These features allow Leondrino to better operate in compliance of laws and regulations.
Finally, you agree that you will not use the Service to conduct criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking.
(8) Termination and Escheatment of Unverified Accounts
You may terminate this agreement with Leondrino, and close your Account at any time, following settlement of any pending transactions.
You also agree that Leondrino may, by giving notice, in its sole discretion terminate your access to the LEONDRINO Website and to your Account, including without limitation, our right to: limit, suspend or terminate the service and Members’ Accounts, prohibit access to the LEONDRINO Website and its content, LEONDRINO Services and tools, delay or remove hosted content, and take technical and legal steps to keep Members off the LEONDRINO Services, 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.
(1) Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Members for any reason, including without limitation:
(a) attempts to gain unauthorized access to the LEONDRINO Website or another Member’s account or providing assistance to others’ attempting to do so;
(b) overcoming software security features limiting use of or protecting any content;
(c) usage of the LEONDRINO Services to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities;
(d) violations of these Terms;
(e) failure to pay or fraudulent payment for Transactions;
(f) unexpected operational difficulties; or
(g) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Leondrino, acting in its sole discretion.
(2) In connection with your use of the LEONDRINO Services, and your interactions with other users, and third parties you will not:
(a) Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, unlawful gambling or consumer protections);
(b) Partake in a transaction which involves the proceeds of any unlawful activity;
(c) Defraud or attempt to defraud Leondrino or other LEONDRINO Services users;
(d) Infringe upon Leondrino’s or any third party’s copyright, patent, trademark, or intellectual property rights;
(e) Provide false, inaccurate or misleading information;
(f) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
(g) Interfere with another individual’s or entity’s access to or use of any of the LEONDRINO Services;
(h) Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
(i) Publish, distribute or disseminate any unlawful material or information;
(j) Transmit or upload any material to the LEONDRINO Website that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
(k) Harvest or otherwise collect information from the LEONDRINO Website about others, including without limitation email addresses, without proper consent;
(l) Act as a payment intermediary or aggregator or otherwise resell any of the LEONDRINO Services, unless expressly authorized by Leondrino in writing;
(m) Transfer any rights granted to you under this Agreement;
(n) Use the Leondrino Account information of another party to access or use the LEONDRINO Website, except in the case of specific third parties like partners or merchants and/or applications which are specifically authorized by a user to access such user’s Leondrino Account and information;
(o) Otherwise attempt to gain unauthorized access to the LEONDRINO Website, other Leondrino Accounts, computer systems or networks connected to the LEONDRINO Website, through password mining or any other means; or
(p) Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law.
We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
We expressly reserve the right to cancel and/or terminate Accounts that have not been verified by the Client despite our good faith efforts to contact you seeking such verification (“Unverified Accounts”). This right includes that all Unverified Accounts which have been inactive for a period of 36 months or more without holding Leondrino Currencies or cash might be terminated.
All Unverified Accounts which have been inactive for a period of 36 months or more holding cash or Leondrino Currencies will be liquidated to cash and the remaining balance net of any applicable fees and charges will be escheated to New York State by being transferred to the New York State Office of the Comptroller pursuant to New York Abandoned Property Law.
The suspension of an Account shall not affect the payment of the commissions due for past Transactions. Upon termination, Members shall communicate a valid bank account to allow for the transfer of any currencies credited to their account. Said bank account shall be held by the Member. Leondrino may be transferred to a valid bank account only after conversion into a government-issued currency (“fiat currency”). Leondrino shall transfer the currencies as soon as possible following the Member’s request in the timeframes specified by Leondrino.
Leondrino will send to you the credit balance of your Account, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. We will use reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment, however where they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance, and that you agree to be responsible for such charges.
(9) Privacy Policy / AML Policy
Protecting your privacy is very important to Leondrino. Please review our Privacy Policy and AML Policy (see FAQ pages Section Policies), which are hereby incorporated by reference into these Terms, in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
(10) Consent to Electronic Records
By using the LEONDRINO Services, you agree that Leondrino may provide you with any notices or other communications about your Leondrino Account and the LEONDRINO Services electronically:
(1) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or
(2) by posting to the LEONDRINO Website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your Leondrino Account and your Leondrino Account will be cancelled in accordance with Section 6.
(11) Email
Email messages sent over the Internet are not secure and Leondrino is not responsible for any damages incurred by the result of sending email messages over the Internet. We suggest sending email in encrypted formats; you are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request.
(12) Computer Viruses
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Leondrino. Always log into your Leondrino Account through the LEONDRINO Website to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
(13) Availability of Services
All services are provided “as is” and “as available” basis without representation or warranty of any kind, either express or implied. We do not represent that the LEONDRINO Services will be available 100% of the time to meet your needs. We will strive to provide you with the LEONDRINO 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 endeavors to ensure that the LEONDRINO Website can normally be accessed by you in accordance with these Terms. We may suspend use of the LEONDRINO Website for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in an emergency.
(14) APIs and Widgets
We may provide access to certain parties to access specific data and information through our Application Programming Interface (hereinafter “LEONDRINO API”) 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.
Any person or entity who uses our LEONDRINO API must comply with these Terms and/or any other conditions as Leondrino may put into place in its sole discretion from time to time. The LEONDRINO API is owned by Leondrino and is licensed to LEONDRINO API users on a non-exclusive, non-sublicensable basis.
(15) External Websites
Leondrino makes no representations whatsoever about any outside or third-party website which you may access through the LEONDRINO Services. Occasionally, the LEONDRINO Website may provide references or links to other websites (“External Websites”). We do not control these External Websites of third parties or any of the content contained therein. You agree that we are in no way responsible or liable for External Websites referenced or linked from the LEONDRINO Website, including, but not limited to, website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content.
External Websites have separate and independent terms of use and related policies. We request that you review the policies, rules, terms, and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
(16) Complaints
In the event of a complaint, please set out in writing the basis of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint within 48 hours of its receipt if you email us your complaint at complaints@Leondrino.com.
The responsible staff member of Leondrino (hereinafter “Complaint Officer”) will consider your complaint. The Complaint Officer will consider your complaint without prejudice based on the information you have provided, and any information gathered by Leondrino. Within four weeks of our receipt of your complaint, the Complaint Officer will address your complaint by sending you an e-mail (“Resolution Notice”) in which the Complaint Officer will:
(1) offer to resolve your complaint in the way you are requested;
(2) make a determination rejecting your complaint and set out the reasons for the rejection; or
(3) offer to resolve your complaint with an alternative solution.
Upon receipt of the Resolution Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. If you are late in responding to the Resolution Notice, Leondrino may treat your response as if it has been submitted on time.
In addition, you are reminded that once Leondrino has become licensed with the New York State Department of Financial Services, you may bring your compliant to the Department of Financial Services by sending it to the Department’s address set forth below, the Department’s website below or by calling the telephone number for the Department’s Consumer Hotline:
New York State Department of Financial Services
Consumer Assistance Unit
One Commerce Plaza
Albany, NY 12257
http://www.dfs.ny.gov/index.htm
Consumer Hotline (800) 342-3736 (Monday through Friday, 8:30 AM to 4:30 PM ET)
If you believe anything on the LEONDRINO Website infringes upon any copyright, which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: Peter Reuschel
Full Address: Leondrino Inc., 530 7th Avenue – Suite 902, New York, NY 10018, USA
Email: preuschel@Leondrino.com
Please see 17 U.S.C. §512(c) (3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
(17) Financial, Investment or Other Professional Advice
For the avoidance of doubt, we do not provide any financial, investment or other professional advice in connection with the LEONDRINO Services contemplated by these Terms. We may provide information on the price, range, volatility of Leondrino Currencies and events that may have affected the price of any one or more currencies. Such information is offered “AS IS” and although obtained from sources deemed to be ordinarily reliable, we do not warrant its accuracy or relevance. Moreover, such information is not intended to serve as investment advice and should not be construed as such. Any decision to purchase or sell Leondrino is your decision and we will not be liable for any loss suffered. You should consult your own financial advisers (including accountants, lawyers, tax and investment advisers) prior to buying or selling Leondrino Currencies regarding market, operational or other risks associated with purchasing, selling or holding Leondrino Currencies as well as the tax, accounting or legal consequences of purchasing, selling or holding Leondrino Currencies.
(18) Financial Regulation
Our future LEONDRINO Services for Leondrino Currencies consist of the issuance and administration of Leondrino Currencies. The LEONDRINO Services will include facilitating, buying, selling and trading of Leondrino Currencies and their use to purchase goods and services. Currently, we are in the process of preparing to apply be a licensed issuer and administrator of Leondrino Currencies as virtual currencies pursuant to the New York State Department of Financial Services regulating virtual currencies. 23 NYCRR Part 200.
(19) Disclosures to Legal Authorities and Authorized Financial Institutions
We may share your Personal Information with law enforcement, data protection authorities, government officials, and other authorities when:
Required by law;
- Compelled by subpoena, court order, or other legal procedure;
- We believe that the disclosure is necessary to prevent physical harm or financial loss;
- Disclosure is necessary to report suspected illegal activity (to file a Suspicious Activity Report); or
- Disclosure is necessary to investigate violations of our Terms or Privacy Policy.
We also may share your Personal Information with other financial institutions as authorized under Section 314(b) of the US Patriot Act, and with tax authorities, including the US Internal Revenue Service, pursuant to the Foreign Account Tax Compliance Act (“FATCA”), to the extent that this statute may be determined to apply to Leondrino.
(20) International Transfers of Personal Information
We store and process your Personal Information in data centers around the world, wherever Leondrino facilities or service providers are located. As such, we may transfer your Personal Information outside of the US and the European Economic Area (“EEA”). Such transfers are undertaken in accordance with our legal and regulatory obligations.
(21) Jurisdiction
These Terms shall be governed and construed in accordance with New York law without regard to New York law’s choice of law principles.
(22) Limitation of Liability
To the extent permitted by law, Leondrino 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 arises from negligence or willful deceit or fraud. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not by law be limited or excluded.
Subject to the foregoing, Leondrino’s aggregate liability in respect of claims based on events arising out of or in connection with any single Member’s use of the LEONDRINO Website and/or LEONDRINO Services, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either
(a) the total amount held on Account for the Member making a claim less any amount of Commission that may be due and payable in respect of such Account; or
(b) the total of the Transaction Price or Prices of the Transaction or Transactions that are the subject of the claim less any amount of Commission that may be due and payable in respect of such Transaction(s),
each in the applicable currency.
(23) Indemnification
To the full extent permitted by applicable law, you hereby agree to indemnify Leondrino, and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if caused directly or indirectly by your use of LEONDRINO Website, your use of the LEONDRINO Services, or from your violation of these Terms.
(24) Miscellaneous
If we are unable to perform the LEONDRINO Services outlined in the Terms due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the LEONDRINO Services provided under this agreement and for a time period coincident with the event, which may be permanent.
(25) Modifications to the LEONDRINO Services
Leondrino reserves the right to modify or discontinue, temporarily or permanently, the LEONDRINO Services or any features or portions thereof without prior notice. You agree that Leondrino will not be liable for any modification, suspension or discontinuance of the LEONDRINO Services or any part thereof.
(26) Modification of Terms
Leondrino reserves the right to change, add or remove sections of these Terms, at any time, in an exercise of its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.
(27) Definitions
Account or LEONDRINO User Account. The contractual arrangement wherein a Leondrino Member has accepted our Terms and Privacy Policy, and received approval to use the LEONDRINO Services, including the purchase and sale of Leondrino Currencies (when Leondrino offers that functionality) and to perform associated Transactions.
Buyer(s). Member(s) that are submitting a bid to buy a Leondrino Currency through the LEONDRINO Services.
Commission. Refers to the fee which is payable to Leondrino on each Transaction, such as a Leondrino Purchase Transaction.
Leondrino or Leondrino Currency. The virtual private branded currency further described on the LEONDRINO Website.
Leondrino Network. The network of Leondrino including, without limitation, its own platforms and services as well as the platforms and services of connected Exchanges, Banks, Market Makers, intermediaries and Trusted Third Parties that offer goods or services in exchange for Leondrino Currencies for real-time Point-of-Sale transactions.
Leondrino Services. Any of the services provided to you by LEONDRINO, functional rules and market managed by Leondrino Inc. to permit Sellers and Buyers to perform Leondrino Purchase Transactions and other Transactions (together with the LEONDRINO Website, the “LEONDRINO Services”)
Leondrino Website. The Leondrino Platform located at the domains www.Leondrino.exchange, www.Leondrino.com, www.Leondrino.de and including the subdomains wallet.Leondrino.com, trade.Leondrino.com, exchange.Leondrino.com), the Leondrino Network, the LEONDRINO API, and any associated LEONDRINO-hosted websites or mobile applications (collectively the “LEONDRINO Website”)
Member(s). Refers to any holder of a LEONDRINO User Account.
Personal Information. Information that identifies an individual, such as name, address, e-mail address, trading information, and banking details. “Personal Information” does not include anonymized and/or aggregated data that does not identify a specific user.
Price. The “price per token” for which Members are willing to purchase or sell a Leondrino Currency, using the Service in a Leondrino Purchase Transaction. The Price may be expressed in any of the currencies deposited by Members in their Account and supported by the Service. See our Site for a full list of currencies.
Seller(s). Member(s) that are submitting an offer to sell a Leondrino Currency through the LEONDRINO Services.
Transaction. Includes the following:
- The agreement between a Buyer and a Seller to exchange a Leondrino Currency through the LEONDRINO Services for a government-issued currency or another virtual currency at a commonly agreed rate (“Leondrino Purchase Transaction”);
- The conversion of a government-issued currency or another virtual currency deposited by a Member in the Member’s Account into Leondrino Currency (“Conversion Transaction”);
- The transfer of a Leondrino Currency between Members (“Leondrino Transfer Transaction”);
- The transfer of government-issued currencies or another virtual currency among Members (“Currency Transfer Transaction”); and
- The purchase of ancillary products (“Purchase Transactions”).
Leondrino may not offer all of these types of transactions at this time or in all places.
Transaction Price. The total price paid by the Buyer in respect of each Transaction performed through the LEONDRINO Services.
(28) Severability Clause
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
(29) CONTACT US
If you have any questions relating to these Terms, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account, or any other matter, please contact Leondrino Support by emailing support@Leondrino.com.
(30) English Version Is Legally Binding
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
Last Update on October 1, 2021
GENERAL
This Privacy Policy, together with the Terms of Use (“Terms”), governs Leondrino’s and its licensee’s collection, processing and use of your Personal Information. As used in this Privacy Policy, “LEONDRINO,” “we,” “us,” or “ours” refer to Leondrino Inc. and its licensee for Germany, the Leondra GmbH (LEONDRA), including, without limitation, its owners, directors, investors, employees, affiliates or other related parties. Depending upon the context, “LEONDRINO” may also refer to the services, products, website, content or other materials (collectively, “LEONDRINO Services”) provided by Leondrino Inc.
“Personal Information” refers to information that identifies an individual, such as name, address, telephone number, e-mail address, trading information, and banking details.” Personal Information” does not include anonymized and/or aggregated data that does not identify a specific user. LEONDRINO is committed to protecting and respecting your privacy. The purpose of this Privacy Policy is to describe
- The types of Personal Information we collect and how it may be used;
- Our use of cookies and similar technology;
- How and why we may disclose your Personal Information to third parties;
- The transfer of your Personal Information within and outside of the United States (US) and the European Economic Area (“EEA”);
- Your right to access, correct, update, and delete your Personal Information;
- The security measures we use to protect and prevent the loss, misuse, or alteration of Personal Information; and
- LEONDRINO’s retention of your Personal Information.
COLLECTION AND USE OF PERSONAL INFORMATION
1. PERSONAL INFORMATION WE COLLECT
We collect the Personal Information you provide directly to us when you open a Leondrino Account, perform any transactions on the Leondrino Platform (located at the domains www.leondrino.exchange, www.leondrino.com, www.leondrino.eu, www.leondrino.de and incl. the subdomains wallet.leondrino.com, trade.leondrino.com, exchange.leondrino.com), or use other LEONDRINO Services. This may include:
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- Contact information, such as name, home address, telephone number and email address.
- Account information, such as username and password.
- Financial information, such as bank account numbers, bank statement, and trading information.
- Identity verification information, such as images of your government issued ID, passport, national ID card, or driving license. Note: US residents may be asked to provide their social security numbers.
- Residence verification information, such as Utility bill details or similar information.
We also automatically collect certain computer, device, and browsing information when you access the LEONDRINO website or use LEONDRINO Services. This information is aggregated to provide statistical data about our users’ browsing actions and patterns and does not personally identify individuals. This information may include:
-
- Computer or mobile device information, including IP address, operating system, browser type.
- Website usage information.
2. USE OF COOKIES AND SIMILAR TECHNOLOGY
The LEONDRINO site uses cookies. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
Cookies are typically stored on your computer’s hard drive. Information collected from cookies is used by us to evaluate the effectiveness of our Site, analyze trends, and administer the Platform. The information collected from cookies allows us to determine such things as which parts of our Site are most visited and difficulties our visitors may experience in accessing our Site. With this knowledge, we can improve the quality of your experience on the Platform by recognizing and delivering more of the most desired features and information, as well as by resolving access difficulties. We also use cookies and/or a technology known as web bugs or clear gifs, which are typically stored in emails to help us confirm your receipt of, and response to, our emails and to provide you with a more personalized experience when using our Site.
We use third-party service provider(s), to assist us in better understanding the use of our Site. Our service provider(s)will place cookies on the hard drive of your computer and will receive information that we select that will educate us on such things as how visitors navigate around our site, what products are browsed, and general Transaction information. Our service provider(s) analyses this information and provides us with aggregate reports. The information and analysis provided by our service provider(s) will be used to assist us in better understanding our visitors’ interests in our Site and how to better serve those interests. The information collected by our service provider(s) may be linked to and combined with information that we collect about you while you are using the Platform. Our service provider(s) is/are contractually restricted from using the information they receive from our Site other than to assist us.
3. HOW WE USE YOUR PERSONAL INFORMATION
We may use your Personal Information to:
-
- Open your account and process your Leondrino transactions. We will process your Personal Information only for the purpose(s)for which it has been provided to us.
- Verify your identity in accordance with applicable laws and regulations as well as address other law enforcement needs as more fully described in the General Terms and Conditions. We also may share your information with other financial institutions as authorized under Section 314(b) of the US Patriot Act, and with tax authorities, including the US Internal Revenue Service, pursuant to the Foreign Account Tax Compliance Act (“FATCA”), to the extent that this statute may be determined to apply to LEONDRINO
- Personalize your LEONDRINO Services experience.
- Analyze LEONDRINO website usage and improve our website and website offerings.
- Help us respond to your customer service requests and support needs.
- Contact you about LEONDRINO Services. The email address you provide may be used to communicate information and updates related to your use of the LEONDRINO Services. We may also occasionally communicate company news, updates, promotions, and related information relating to similar products and services provided by LEONDRINO.
- Administer a contest, promotion, survey or other site feature as will be more explained on the website.
If you wish to stop receiving marketing communications from us, please contact us at support@leondrino.com to opt-out.
DISCLOSING AND TRANSFERRING PERSONAL INFORMATION
We may disclose your Personal Information to third parties and legal and regulatory authorities and transfer your Personal Information outside the US and the EEA, as described below.
1. DISCLOSURES TO THIRD PARTIES
In processing your transactions, we may share some of your Personal Information with third party service providers who help with our business operations. Your information will not be sold, exchanged, or shared with any third parties without your consent, except to provide LEONDRINO Services or as required by law. By using our Services, accepting the General Terms and Conditions, and entering into the User Agreement, you consent to the disclosure of your Personal Information as described in this Privacy Policy.
Non-personally identifiable visitor information may be provided to third parties for marketing, advertising, or other uses. LEONDRINO’s third party service providers are contractually bound to protect and use such information only for the purposes for which it was disclosed, except as otherwise required or permitted by law. We ensure that such third parties will be bound by terms no less protective those described in this Privacy Policy, or those we are subject to under applicable data protection laws.
2. DISCLOSURES TO LEGAL AUTHORITIES
We may share your Personal Information with law enforcement, data protection authorities, government officials, and other authorities when
-
- Compelled by subpoena, court order, or other legal procedure.
- We believe that the disclosure is necessary to prevent physical harm or financial loss.
- Disclosure is necessary to report suspected illegal activity.
- Disclosure is necessary to investigate violations of this Privacy Policy or our General Terms and Conditions and User Agreement.
3. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
We may store and process your Personal Information in data centers around the world, wherever LEONDRINO facilities or service providers are located. As such, we may transfer your Personal Information outside of the US and the EEA. Such transfers are undertaken in accordance with our legal and regulatory obligations.
EXTERNAL WEBSITES
Occasionally, the LEONDRINO website may provide references or links to other websites (“External Websites”). We do not control these External Websites third party sites or any of the content contained therein. You agree that we are in no way responsible or liable for External Websites referenced or linked from the LEONDRINO website, including, but not limited to, website content, policies, failures, promotions, products, services or actions and/or any damages, losses, failures or problems caused by, related to, or arising from those sites.
External Websites have separate and independent privacy policies. We encourage you to review the policies, rules, terms, and regulations of each site that you visit. We seek to protect the integrity of our site and welcome any feedback about External Website information provided on the LEONDRINO website.
ACCESS RIGHTS TO PERSONAL INFORMATION
Our goal is to keep your data accurate and up-to-date. You may update your data by logging onto to your account and clicking on the “Manage Profile” link. When finished making any updates or corrections to your personal data, you should click “Save” to record the changes you have made. If you have any problems, please contact us at support@leondrino.com.
SECURITY OF PERSONAL INFORMATION
We use a variety of security measures to ensure the confidentiality of your Personal Information and to protect your Personal Information from loss, theft, unauthorized access, misuse, alteration, or destruction. These security measures include, but are not limited to:
- Password protected directories and databases.
- Secure Sockets Layered (SSL) technology to ensure that your information is fully encrypted and sent across the Internet securely.
All financially sensitive and/or credit information is transmitted via SSL technology and encrypted in our database. Only authorized LEONDRINO personnel are permitted access to your Personal Information, and these personnel are required to treat the information as highly confidential. The security measures will be reviewed regularly considering new and relevant legal and technical developments.
RETENTION OF PERSONAL INFORMATION
We retain Personal Information for as long as necessary to fulfill purposes described in this Privacy Policy, subject to our own legal and regulatory obligations. In accordance with our record keeping obligations, we will retain Account and other Personal Information for at least seven years after an Account is closed.
CHILDREN’S PRIVACY
Unfortunately, if you are under 14, you cannot use any of the LEONDRINO Services. So, we do not knowingly solicit or collect information from anyone under 14. If we become aware that a child under the age of 14 has provided us with personal information, we will delete it immediately.
GENERAL DATA PRIVACY REGULATION
The General Data Privacy Regulation (GDPR) requires additional information to be provided within the privacy policy. The scope of the information provided here covers the use of the LEONDRINO Website and the procedure and practices of the LEONDRINO Services as described in the Terms of Use.
1. OBLIGATORY INFORMATION REQUIREMENTS
LEONDRA supports the data privacy principles of the European GDPR. According to Art. 13 and Art. 14 GDPR you have the following rights once your personal data is processed by LEONDRA:
-
- Right of access (see Art. 15 GDPR)
- Right to rectification (see Art. 16 GDPR)
- Right to erasure (see Art. 17 GDPR)
- Right to restriction of processing (see Art. 18 GDPR)
- Right on notification (see Art. 19 GDPR)
- Right to data portability (see Art. 20 GDPR)
- Right to object (see Art. 21 GDPR)
- Right to withdrawal (see Art. 6 (1) lit. a GDPR or Art. 9 (2) lit. a GDPR). The legitimacy of past data processing procedures remains unaffected.
With respect to personal data, LEONDRA abdicates from automated individual decision-making, including profiling, according to Art. 22 (1) and (4) GDPR. Therefore, influencing automated individual decision-making, including profiling, is not possible or rather not required.
2. RESPONSIBLE SUPERVISORY AUTHORITY
If you regard that the data privacy of your data is infringed, you have the right to lodge a complaint with a supervisory authority (see Art. 77 GDPR):
Berliner Beauftragte für Datenschutz und Informationsfreiheit
Friedrichstr. 219,
D-10969 Berlin
Tel.: +49 30 13889-0
Fax: +49 30 2155050
E-Mail: mailbox@datenschutz-berlin.de
Internet: https://www.datenschutz-berlin.de/index.html
3. RESPONSIBLE PERSON / CONTROLLER
Leondra GmbH
Französische Straße 9-12, D-10117 Berlin
Tel.: +49 30 577 026 – 880
E-Mail: data@leondra.de
Internet: https://www.leondra.de
4. LEGITIMACY OF DATA PROCESSING PROCEDURES
The relevant data processing procedures are described in detail in the Terms of Use, which are available to all visitors of the web pages and which have to be explicitly accepted by the user during the registration procedure. With the completion of the registration procedure, LEONDRA receives the agreement to use the provided personal information according to Art. 6 (1) lit. a, b GDPR. Furthermore, personal data is processed in the scope of legitimate interests of LEONDRA in accordance to Art. 6 (1) lit. f GDPR to fulfill the LEONDRINO Service offering.
5. ABILITY TO EXERCISE RIGHTS
A user can cancel the registration process at any time; in particular by not accepting the Terms of Use. To a large extent, the registered user can self-administrate his account data. In particular, the user can disable notifications in the account settings. For selected data, element support procedures enable the rectification of user data. A registered user can request the deletion of the user account as detailed in the Terms of Use and within legal constraints as supported by Art. 17 (3) lit.
6. TRANSFER OF PERSONAL DATA
LEONDRA – in the scope of the LEONDRINO Website and LEONDRINO Services – does not transfer personal data to third parties abroad.
7. TECHNICAL AND ORGANIZATIONAL MEASURES
According to Art. 32 GDPR, LEONDRA takes technical and organizational measures to protect the privacy of your data. Technical measures include securing the data at transfer using secure protocols and storing data on encrypted media. For details see the above Privacy Policy statements and the Terms of Use. Organizational measures are used to protect your data within the procedures conducted by the staff maintaining and supporting the LEONDRINO Website and LEONDRINO Services, as well as infrastructure suppliers hosting the services.
8. DATA RETENTION
Personal data is retained by LEONDRA for the lifetime of an account of a registered user. Please consult the Terms of Use for details on account management for the LEONDRINO Services.
UPDATES TO THIS PRIVACY POLICY
This Privacy Policy may be revised, modified, updated, and/or supplemented at any time, without prior notice, at the sole discretion of LEONDRINO. When we make changes to this Privacy Policy, we will notify all users on our website, and make the amended Privacy Policy available on our website.
CONTACT US
Please contact us with questions, comments, or concerns (including to make a complaint) regarding our Privacy Policy and/or practices at support@leondrino.com.
Last Update on October 1, 2021
Coinciding with the launch of Leondrino Wallet, Leondrino would like to inform its clients about the implementation of measures according to the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (hereinafter AML/CFT Act). In order to support government in the fight against financing of terrorism and money laundering, the Act requires all financial institutions and related service providers to collect, verify and store identity data of persons and entities seeking to establish an account or Leondrino Wallet. Correspondingly, based on risk assessment, Leondrino has developed an internal Anti-Money Laundering Program and Counter Terrorism Financing Program (hereinafter AML Program to be aligned with the goals of the AML/CFT Act. These include:
- to detect and deter Anti-Money Laundering and Counter Terrorism Financing ;
- to maintain and promote the reputation of the financial system by implementing the recommendations of the Financial Action Task Force (FATF), where appropriate in the context; and
- to contribute to public confidence in the financial system.
By signing up for a Leondrino Trading Account (Leondrino Wallet including trading entitlements), you accept the following terms and conditions:
- You warrant that you comply with all applicable laws and regulations to combat money laundering, including, but not limited to the AML / CTF Act and the associated, currently effective rules and regulations;
- You have no knowledge of and no reason to suspect that:
- the money used to finance the deposit on your account was originated or will be originated and thus was connected and will be connected with money laundering or other activities regarded as illegal within the framework of applicable laws and regulations or other as prohibited activities under an international convention or agreement (“illegal activities”)
- the proceeds out of your investment in the depot will be used to finance illegal activities; and
- You agree to immediately provide us with all the information that we need to adhere to all applicable laws and regulations to combat money laundering.
In accordance with the AML Program, Leondrino will, upon the account opening and on an ongoing basis, exercise due care in accordance with each client’s risk levels.
This means: in accordance with the Privacy Act of 1988, Leondrino will request a specified set of background information to confirm a client’s identity; store this identity-related information as well as methods and results of the identity check; inform clients that we will request information and reconcile with government-provided lists of terror suspects.
The requested information shall include:
- the full name of the customer; and
- the date of birth if it is a natural person; and
- if the person who opened the account is not the customer himself, the relationship of the person with the customer; and
- the address or registered office of the customer; and
- the company name or the customer’s registration number;
- the expected level and the type of activity to be undertaken;
- the expected source of funds, which are intended to be used in the business relationship; and
- details about employment and assets or sources of income.
To verify the above information, Leondrino will request the following documentation from prospective clients:
- passport or identity card or similar document that:
- includes name, date of birth and a photograph of the person to whom the document is issued, and
- is issued by a national government, the United Nations or an agency of the United Nations.
- copy of the certificate of incorporation or equivalent national document;
- copy of the bylaws or equivalent national document;
- certificate of good standing or other proof of the registered business address of the company;
- a copy of the consent of board to open an account and to give corresponding authorization to the account-holding person;
- proof of identity of the directors, in the event that he / she makes contact with Leondrino on behalf of customers (according to the above provisions to ensure the identification of individuals).
Leondrino might request additional documentation and background information. In some instances, copies of requested documents may suffice, provided they have been officially certified and appraised.
Ban of Sham Tansactions
We hereby inform customers of Leondrino regarding prohibited transactions, which are commonly called “sham transactions”. This prohibition is imposed according to the AML / CFT Act in order to identify, to defuse and manage potential risks in relation to money laundering and terrorist financing for Leondrino.
This provision requires that all orders are made in good faith for the purpose of access to and making profits from movements of quotas in financial instruments. No Customer may open up directly or indirectly opposite positions (ie buy and sell orders) in the same financial instrument, where the intention of the customer does not lie in the fact to make profit from speculative activities, but to avoid an honest, the market risk exposed market position.
It is also inadmissible, to open opposite positions in the same financial instrument for various eWallets or Leondrino trading accounts with shared beneficial ownership (this excludes accounts with less than 100% public ownership a) as well as eWallets or Leondrino trading accounts of customers who stand in any relationship to one another, if this is the intention of avoiding market risk or price competition. Such activities are also considered a violation of the sham transaction ban. The fact that there is a delay between the opening of opposite positions, does not exempt from this ban, if the performance entails a sham transaction result. The mere delay of opening a buy and sell order does not exclude, depending on the terms of the order, that orders are entirely or partially traded against each other. To the extent as orders are traded against each other, their outcome can be regarded as an illegal sham transaction, regardless of the fact that the orders were opened at different times.
In all cases where one of the above transactions is recognized, Leondrino may exercise its rights pursuant to the relevant User Agreement, which the user has explicitly agreed to as part of the account opening; including, but not limited to: cancellation or adjustment of the respective transactions of users.
Last Update on April 20, 2021
The contents of the Leondrino Platform are regularly maintained and updated.
However there is no guarantee for the correctness, the completeness or the availability of the available information within our services.
The brands and their brand managers are exclusivly responsible for their content and shop items.
We do not take responsibity for external contents which are referenced by or linked to the Leondrino Platform. The providers of any linked sites are entirely responsible for the content of their sites.
Last Update on April 20, 2020
Leondrino uses cookies on its websites. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website.
Cookies are typically stored on your computer’s hard drive. Information collected from cookies is used by us to evaluate the effectiveness of our Platform, analyze trends, and administer the Platform (located at the domains www.leondrino.exchange, www.leondrino.com, www.leondrino.de and including the subdomains wallet.leondrino.com, trade.leondrino.com, exchange.leondrino.com). The information collected from cookies allows us to determine such things as which parts of our Platform are most visited and difficulties our visitors may experience in accessing our Platform. With this knowledge, we can improve the quality of your experience on the Platform by recognizing and delivering more of the most desired features and information, as well as by resolving access difficulties. We also use cookies and/or a technology known as web bugs or clear gifs, which are typically stored in emails to help us confirm your receipt of, and response to, our emails and to provide you with a more personalized experience when using our Platform.
We use third party service provider(s), to assist us in better understanding the use of our Platform. Our service provider(s) will place cookies on the hard drive of your computer and will receive information that we select that will educate us on such things as how visitors navigate around our Platform, what products are browsed, and general Transaction information. Our service provider(s) analyses this information and provides us with aggregate reports. The information and analysis provided by our service provider(s) will be used to assist us in better understanding our visitors’ interests in our Platform and how to better serve those interests. The information collected by our service provider(s) may be linked to and combined with information that we collect about you while you are using the Platform. Our service provider(s) is/are contractually restricted from using information they receive from our Platform other than to assist us.
Your continued use of the Leondrino Platform, as well as any subsequent usage, will be interpreted as your consent to cookies being stored on your device.
Last Update on April 20, 2020
The trading of goods and products, real or virtual, as well as virtual currencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, your assets (specifically any of your holdings in Leondrino Currencies) may increase or decrease in value at any given moment. Any currency – virtual or not – may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
Leondrino Currency trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Leondrino is a unique kind of “virtual” currency, backed by the current and future business of brands you trust. Leondrino will have a role similar to that of a central bank, which is responsible for multiple Leondrino Currencies and that can take corrective measure to protect the value of each Leondrino Currency in a crisis or issue more currency according to the individual monetary policy that is agreed upon with each respective brand.
Leondrino Currency trading is probably susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Leondrino because of unexpected changes imposed by the respective brand’s business development, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
There may be additional risks that we have not foreseen or identified in our Terms of Use.
You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Leondrino Currencies.
We use our banking providers in order to receive client moneys and making payments. Our banking providers DO NOT transfer Leondrino Currencies, exchange Leondrino Currencies, or provide any services in connection with Leondrino Currencies.
Last Update on April 20, 2020
1. Introduction
Leondrino Pay is subject to Leondrino’s Terms of Use (“Leondrino Terms of Use”). Leondrino Pay is a “service” as defined in the Leondrino Terms of Use. These Leondrino Pay terms of use are additional conditions that apply to the use of Leondrino Pay. Your use of Leondrino Pay is subject to these Leondrino Pay Terms of Use and the Leondrino Terms of Use, collectively referred to as “Terms of Use” in these Leondrino Pay Terms of Use. Leondrino’s Privacy Policy explains how Leondrino handles your payment information data.
In the event of a contradiction between the Leondrino Pay Terms of Use and the Leondrino Terms of Use, the Leondrino Pay Terms of Use have priority. In the event of a contradiction between the English version of these terms of use and a version translated into another language, the English version of the text takes precedence.
Before you can use Leondrino Pay, you must first agree to the terms of use below. Please read them carefully. Some products and features may not be available in all countries. Further information can be found in the Leondrino Pay sections in our Help Center.
2. Basic Requirements
By agreeing to these terms of use, you warrant the following:
- You have reached the minimum age specified in the Leondrino Terms of Use.
- You are entitled to enter into a legally binding contract with Leondrino.
You also need a Leondrino user account and a device that meets the applicable system and compatibility requirements of the service, as well as working internet access and compatible software. These factors may affect Leondrino Pay’s performance and your ability to use Leondrino Pay. It is your responsibility to meet these system requirements.
3. General Description of Leondrino Pay
With Leondrino Pay, you can save the following elements in your Leondrino user account, manage them in one place and use them to carry out transactions with Leondrino and third-party providers:
- Token accounts that you can use to pay in stores, apps, the web, or otherwise,
- Discount vouchers that you have saved in your Leondrino Wallet or in Leondrino Pay
4. Payment Methods / Token Accounts
(a) Types of Payment Methods / Token Accounts
With Leondrino Pay you can save and manage different types of payment methods / token accounts in your Leondrino user account (collectively referred to as “Payment Methods”). This includes:
- Digital wallets or accounts that you have with Leondrino (“Linked Leondrino accounts”)
- Digital wallets or accounts that you have with companies other than Leondrino (“Linked Third-Party Accounts”)
- Bank accounts (not yet available, but in planning)
Whether a particular Payment Method is available or compatible with Leondrino Pay may depend on your country of residence and other factors. The types of payment methods that are compatible and which of the use cases for payment methods and Leondrino Pay functions described below can vary from country to country and are subject to change.
(b) Save a Payment Method
There are several ways to save a Payment Method in your Leondrino user account:
- the Leondrino Pay mobile app,
- the Leondrino Pay website,
- the Leondrino Wallet mobile app
- the Leondrino Wallet website,
- the browser used,
- the token custody provider’s app or website, and
- Leondrino products or Leondrino services.
In order to save a Payment Method, you must provide all the necessary information on the registration forms that are displayed. The information you provide must be current, complete, and accurate, and you must ensure that it remains current, complete, and accurate. As a prerequisite for the continued use of Leondrino Pay or to determine whether you are still allowed to use Leondrino Pay, we may ask you to provide additional information.
When you save a Payment Method, Leondrino can store information about the Payment Method, such as your name and billing address. With Leondrino Pay, you can also store other information in your Leondrino user account that can help speed up transactions, such as a shipping address.
You authorize us to check with the payment method service provider whether your Payment Method has sufficient credit. This can be done, for example, by requesting payment authorization and / or crediting and / or debiting a small amount to / from the Payment Method in accordance with the regulations of the bank or credit card networks or other requirements applicable to the Payment Method.
You acknowledge that Leondrino Pay is intended for personal use with your own Payment Method. If you use Leondrino Pay with an approved company card, you hereby confirm that you have the authorization of your employer and that you can bind them to the present terms of use.
(c) The Role of Leondrino
Unless Leondrino or a company associated with Leondrino does not appear as an issuer, neither Leondrino nor companies associated with Leondrino are party to the token seller agreements, the data protection declaration or other usage agreements for your Payment Method. The issuer’s terms of use remain unaffected by the Leondrino Terms of Use. If there are any contradictions between the issuer’s terms of use or the privacy policy and the Leondrino Terms of Use, these Leondrino Terms of Use regulate the relationship between you and Leondrino with regard to Leondrino Pay, while the terms of use of the issuer regulate the relationship between you and the issuer. Leondrino makes no representations and does not check the creditworthiness of your means of payment or whether the issuer of your means of payment authorizes or approves transactions made through Leondrino Pay with a dealer or service provider.
Unless Leondrino or a company affiliated with Leondrino does not act as an issuer itself, neither Leondrino nor Leondrino-affiliated companies are involved in granting loans or determining the legality of credit claims or have control over the availability or correctness of Payment Methods or amounts. In this case, neither Leondrino nor Leondrino-affiliated companies are involved in the provision (or addition) of Payment Methods in Leondrino Pay or the addition of funds to the credit on a Payment Method. If you have any questions regarding the above, please contact the issuer of your Payment Method / token.
(d) Save a Linked Third-Party Account
The following additional conditions apply if you use Leondrino Pay to save a Linked Third-Party Account or bank accounts in your Leondrino account.
After you start adding a form of payment to Leondrino Pay and have provided the information requested by Leondrino and / or the issuer of your payment method, Leondrino Pay checks whether the Payment Method can be used with Leondrino Pay. Not all Payment Methods of a participating issuer may be permitted. If the issuer of your Payment Method supports Leondrino Pay and your Payment Method is permitted, you may be asked to accept the issuer’s terms of use when adding the Payment Method. After accepting the terms of use and successfully adding the Payment Method, Leondrino Pay connects your Linked Third-Party Account to your Leondrino account to enable the use described in section 5 below.
You acknowledge that Leondrino Pay may receive transaction information from the issuer of your Payment Method in order to present fully formatted transaction details and your current transaction history at Leondrino Pay.
A Payment Method can be removed from Leondrino Pay on a device and can therefore no longer be used for the service if:
- you remove the Payment Method from your Leondrino user account,
- you delete your Leondrino user account,
- your mobile device does not connect to a Leondrino product or service for 90 consecutive days,
- you do not use Leondrino Pay on the device for twelve consecutive months and / or
- Leondrino is requested by the Payment Method / token issuer or the payment network to remove the Payment Method / token from Leondrino Pay.
5. Transactions with Payment Methods
(a) In Leondrino Eco-System
Leondrino Pay can allow you to initiate a payment transaction to a “Seller”. A Seller is defined as
- a company that has issued its own brand currency (token) in accordance with the Leondrino Standard and has an obligation to accept these tokens, or
- an acceptance point that accepts Leondrino (tokens, coins, currencies) as a means of payment or accepted as a Payment Method or
- a retailer / seller who participates in one or more marketplaces of the previously listed Sellers, offers you goods or services for sale and instructs Leondrino or a company associated with Leondrino to process the payment transactions on its behalf.
You acknowledge and accept that your transaction with a Seller (the “Leondrino Transaction”) is only a transaction between you and the Seller. Neither Leondrino nor companies affiliated with Leondrino are parties to your Leondrino Transaction and the purchases associated with it. Leondrino or companies affiliated with Leondrino are neither buyers nor sellers in a Leondrino Transaction unless this is expressly stated (e.g. in the entry or description of the relevant goods or services on a Leondrino website or user interface).
When you initiate a Leondrino Transaction, Leondrino may show you your available Payment Methods / Token Accounts at the time of the transaction. After you have selected the desired Payment Method / Token Account, Leondrino will debit this Payment Method / Token Account or forward the Payment Method and the related information to a company affiliated with Leondrino so that the affiliate processes the transaction on behalf of the Seller. You authorize the required charging of your Payment Method / Token Account to complete the processing of a Leondrino Transaction. In the case of chargebacks, refunds, or adjustments to a Leondrino Transaction, you also authorize the crediting of your Payment Method / Token Account. Once you have submitted and authorized your payment order to us, you can no longer cancel it.
For information or terms of use related to a particular Leondrino Transaction, including refund or dispute resolution policies, please refer to the terms of use, help, or other supporting materials provided by the Seller with whom you are making the transaction.
If there is a problem charging your chosen Payment Method, Leondrino will not charge the selected Payment Method and the payment will fail. This can be the case if:
- You do not have enough funds in your Token Account;
- You do not provide us with all the mandatory information that is requested in the relevant payment processes that we use to obtain your payment instructions (e.g., due to the applicable and compliant PSD2 directive, which your active authorization is missing or the recipient data is incomplete);
- the payment exceeds the transaction limit to be observed at the time of payment (depending on the transaction limit of the Leondrino token class per transaction and day or month); or
- we have reason to believe that there has been a prohibited activity in connection with your token account or that you otherwise violate these Terms of Use and your token account has been blocked or frozen as a result.
You can manage your payment options via your Leondrino Wallet or the Leondrino Pay mobile app on your device. You also agree that a Seller can resend a Leondrino Transaction to the payment network for a one-off or repeat processing of a purchase if a previous Leondrino Transaction is rejected or returned by the payment network. Leondrino reserves the right to postpone payment processing in the event of suspicious transactions or transactions involving fraud or misconduct or contrary to applicable law that violates the Leondrino Terms of Use or other applicable Leondrino guidelines. The classification as a reason for postponement is at Leondrino’s sole discretion.
Once subscription payments with Leondrino are supported, Sellers can offer you this payment option. If a Seller offers you the option to pay for subscriptions, your subscription begins as soon as you click “Accept & Buy” or a similarly labeled button when purchasing a subscription. A subscription purchase is a recurring billing transaction. Unless otherwise stated, your subscription and the associated billing authorization are valid until you cancel them. By clicking “Accept & Buy” or a similarly labeled button, you authorize the seller to settle the purchase amount for each specified billing period of the subscription using your chosen payment method. The amount of the Leondrino Transaction can be changed by the Seller during the subscription period. Cancellations will not take effect until the end of the current billing period. You will not receive a refund for the current billing period. You can use the respective subscription until the current billing period has expired.
(b) With Third Parties
If you use Leondrino Pay to make a payment or transaction for a product or service (e.g. in a restaurant or for public transportation) to a party other than the Seller, that party is regarded as a “third party” and an associated payment or transaction is regarded as a “transaction with a third party”. Leondrino may provide information about your Payment Method and therefore forward related information to the third party so that your Payment Method / Token Account can be charged. Depending on the type of third party, a transaction with a third party can be used to purchase goods or services, to travel on public transport, or for other purposes, such as charitable donations or gifts. A third-party transaction can be initiated if you: Use mobile payments in stores or at transportation companies using NFC, barcodes or other contactless payment technologies, choose “Leondrino Pay” or “Buy with Leondrino Pay” or “Pay with tokens” as a payment option for an online transaction on the website or in the third-party app or do business with the third party through another online user interface. If you initiate an online transaction, Leondrino Pay may forward further information required for the payment process, e.g. the billing, shipping or email address stored in your Leondrino User Account.
In the case of a transaction with a third party, Leondrino will no longer be involved in your transaction with this third party after you have given your Payment Method information to the third party and you acknowledge and accept that this transaction is only a transaction between you and the third party and is not a transaction with Leondrino or a company affiliated with Leondrino. If you have any problems with transactions with a third party, in particular in connection with refunds and disputes, you must contact the third party directly or the provider of your Payment Method (e.g. the issuer of your payment card or the provider of your token custody) .
If you visit a participating third-party provider’s website or app, Leondrino can tell that third party whether Leondrino Pay is set up on your device so that the third party knows whether they can offer you Leondrino Pay as a payment option. In addition, you can select the Leondrino Pay Payment Method or the token accepted by the participating third-party provider as a payment option on the website or in the app of a participating third-party provider.
6. Discount Vouchers in Leondrino Pay
Leondrino Pay may also allow you to save and access vouchers that can be redeemed at participating retailers. A participating voucher provider (“Provider”) can provide the voucher with information such as your loyalty status or an expiry date.
By redeeming a voucher from a participating retailer, whether by barcode or otherwise, you allow information related to that particular voucher to be shared with both the retailer and the Provider. Your use of a voucher from a Provider is a transaction between you and the Provider and not a transaction between you and Leondrino or a company affiliated with Leondrino. Leondrino is not a party to your use of a Provider’s voucher. Leondrino assumes no guarantee and accepts no liability for the correctness of the content of a voucher or the usability of a voucher from a Provider.
7. The German Version is Legally Binding
Notwithstanding any other provision in these Leondrino Pay Terms of Use, the translation is for your convenience only. The meaning of the terms, conditions, and statements contained in these Leondrino Pay Terms of Use are subject to German definitions and interpretations. It is possible that the translation provided may not accurately reflect the information contained in the original German language version.
8. Place of Jurisdiction
In the event of disputes in connection with these Leondrino Pay Terms of Use, the place of jurisdiction is Berlin/Germany
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Last update on August 01, 2024