“Company,” “our,” “Onecluster,” “Website,” “Platform,” “Service,” “We,” and “us” collectively refers to the online website and platform “Onecluster.co”.
“User,” “You,” and “your” refers to the person or entity accessing and/or using Onecluster.
“Party” may refer to either You or us, and “Parties” refers to both You and us. For the avoidance of any doubt, the contracting parties in our Terms are You and Onecluster.
“Asset,” “digital asset,” “coin,” “cryptocurrency,” and “token” refer to blockchain-based software ledger data entries.
Acceptance and Change of Terms
Registration and User Account
To identify You as You log into your Onecluster account and use Services, your email address and a login password shall be used as well as two factor authentication and id verification in certain/required actions.
The e-mail address specified by You and intended for your identification shall be valid throughout the entire period of validity of your Account and cannot be changed. You shall be entitled to change the login password intended for your identification at any time by taking appropriate actions specified at the Website.
The User is responsible for maintaining the confidentiality of information associated with Account, including, but not limited to the password and email. If access to your account is lost, and it cannot be restored by the use of the mobile phone number, email address or other information associated with your personal account, your account cannot be subject to restoring.
You must ensure the secrecy of your Account and your login information used to enter into the Onecluster System. We shall assume no responsibility for any actions at the Onecluster that are not initiated by You and any consequences thereof, if such actions have been taken and confirmed after logging into the Onecluster with your e-mail address and your password. All the risk regarding the actions indicated in this clause shall fall exclusively on You.
If the User has any security concerns about the Account, login details, passwords or other security features being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Onecluster by email at support@Onecluster.co without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying Ambisafe may not only affect the security of the Account, but may result in the User being liable for any losses as a result.
Onecluster may suspend, restrict, or terminate your access to any or all of the Services, and/or deactivate or cancel your Account if: (a) Onecluster is required by a facially valid subpoena, court order, or binding order of a government authority; (b) Onecluster reasonably suspects You of using your Account in connection with a Prohibited Use; (c) use of your Account is subject to any pending litigation, investigation, or governmental proceeding and/or We perceive a heightened risk or regulatory noncompliance associated with your Account activity; (d) our service partners are unable to support your use; (e) breach these Terms.
Use of The Services
Onecluster provide services for acceptance and processing cryptocurrency payments by users to other users and mining hosting providers. Onecluster also provide services for posting offers at marketplace for purchasing and leasing mining machines/equipment, transferring machine ownership to user accounts and mining club services management through relevant user interfaces available on Onecluster: owned, administered, supported, and developed by us intended for users, to accept digital currencies as payments.
Payments by users are considered the same as payments made directly between themselves. In relation to payments and/or machine ownership purchasing or leasing, any legal relations are between You/entity You represent as a user and other users. We are not a party to relations between You as a payment processing participant, purchaser or leaser and other users. We do not accept any queries, letters, requests and (or) complaints regarding services and payments you are accepting and processing with other users.
Onecluster is not engaged in any other activities on behalf of users you are collaborating with, is not it’s representative agent, or employee. Onecluster does not control, monitor, assess, authorize or supervise user activities.
Onecluster process payments by users, between user account wallets in the manner defined in the terms of services posted at Onecluster platform. At any time You will be informed how users set their service conditions at the platform.
It is the user’s obligation related with honest and transparent advertising that the information he presents on his site/s and/or where ever corresponds to the Onecluster services.
The use of our Services requires You to create an account with Onecluster (“Account”). The Account is designed for payment proceeding. It cannot be considered as an investment.
Onecluster Does Not Provide Legal, Financial or Investing Advice. Onecluster Does Not conduct service orders itself but provides the Platform for purchasing and machine leasing. Onecluster also provides the Services to service’s initiators and to its Users only within their scope. Onecluster does not take responsibility for fulfillment obligations by service initiators to acceptors and cannot be held liable for any acts or omissions of the service initiators.
Before accepting initiator service offers the User must read and understand conditions provided by a service initiator. Onecluster does not provide information on service initiators’ business. Service initiators are responsible for full disclosure and truthfulness of the information on services he is provided on the Platform. The User agrees to address any questions about services directly to them. All changes in the service conditions must be monitored by the Users. Any disagreement with the changes must be discussed with the relevant service initiator. Onecluster cannot be brought as a co-party to any dispute concerning the changes in the relevant service conditions set by the initiator. The User bears all the risks of unfavorable consequences of disregarding the conditions established by the service initiator.
Onecluster is not responsible for arrangements made between the Users in the course of a private sale/lease or otherwise outside the Platform. Responsibility for fulfilment of such arrangements as well as liability for non-fulfillment of such arrangements are borne by the parties to such arrangements – service initiator and the service acceptor.
Onecluster services may link You to other sites on the Internet.
Onecluster cannot ensure that You will be satisfied with any products or services that You purchase/lease from any third-party site that links to or from Onecluster since other sites/stores are owned and operated by independent web masters/retailers.
Restrictions on Use
Services provided by Onecluster might not be legally allowed in certain jurisdictions. By accepting these terms and conditions You confirm that You are not a resident or use services from a such jurisdiction.
You represents and warrants that will not use the Site or Platform for any criminal, illegal, or otherwise prohibited use, including (but not limited to) activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. You represent and warrant that You will not use our Platform to assist any other party in such illegal activity.
You also agree not to transfer your Account or share access to your Account or to any other rights granted to You by these Terms.
Onecluster is not responsible for any losses, directly or indirectly, from enforcement of our obligations under applicable laws, rules, regulations or lawful government order.
Transactions, Fees and Refunds
Before transferring funds to the wallets the User must correctly enter the payment informations provided by Onecluster. The User must ensure that the address entered and the address provided match.
When certain service conditions are met and payment is completed, coins will be distributed to user account wallet and You can transfer (withdraw) them outside of the Platform according to the services rules.
Every cryptocurrency transaction requires withdrawal fee per each withdrawal which covers blockchain transaction fee.
Onecluster reserves the right to keep its platform service fees.
Onecluster is not responsible for any crypto/token loss caused by transactions sent to wrong crypto/token addresses or non-supporting platform, and will not be able to refund them.
Arbitration and Dispute Resolution
If a dispute, disagreement, or claim arises out of the Terms or is related to its execution, termination, or rescission of the Terms, both parties agree to try in good faith to settle any dispute, disagreement, or claim through negotiation. To expedite resolution and control the cost of any dispute, You and Ambisafe agree to notify each other in writing of any disputes within thirty (30) days of when it arises. Notice to Onecluster shall be sent to support@Onecluster.co
If the dispute, disagreement, or claim cannot be resolved through negotiations, then You and Onecluster agree to arbitrate any dispute arising from these Terms or your use of the Services.” The arbitration will be in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes and You and Onecluster hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration.
The arbitration will be conducted by a single, neutral arbitrator and shall take place in the United States or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motion on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees.
Any dispute between the parties will be governed by these Terms and with the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
No Class Arbitration, Class Action or Representative Actions or proceeding
Any Dispute arising out of or related to this Agreement is personal to You and the Onecluster and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Act of God
Onecluster performance under these Terms shall be excused if the failure of such performance is caused by forces beyond its reasonable control. This includes (but is not limited to) acts of God, acts of any government, war or civil unrest, severe weather, fire, natural disasters, political or economic embargoes and sanctions, terrorism, power or equipment failure, industrial or labor disputes or controversies, acts of any third party, blocking of Blockchain related websites by domestic governments, hackers’ attacks, Internet or blockchain failures.
If You have any questions about these Terms, please contact us at support@Onecluster.co