GENERAL TERMS AND CONDITIONS FOR CRYPTO VOUCHER SERVICES
- INTRODUCTORY PROVISIONS
- These General Terms and Conditions (the “GTCs”) were prepared and issued by the company Fintegence, s.r.o., with its registered office at Bottova 2A, Bratislava 811 09, Slovakia, Identification No.: 47 956 925, registered in the Commercial Register of the District Court Bratislava III, Section: Sro, insert No.: 171365/B (the “Provider”).
- Provider is authorized to provide the following trade activities under Slovak laws (i) provision of the services of the virtual currency wallet and (ii) provision of the services of the virtual currency exchange.
- These GTCs set out terms and conditions that apply for use of website https://cryptovoucher.io operated by the Provider with all its content and functionalities (the “Website”), provision of the services provided by the Provider and further specified in these GTCs and rights and obligations between users of the Website and of Provider’s services and Provider
- Provider provides following services to Clients under these GTCs:
- Custody
- Transfer
- Coversion; and
- Sale of Crypto Voucher and associated service under clause 8
(together the “Services” and each of them separately also as the “Service”).
- DEFINITIONS AND INTERPRETATIONS
- Capitalized terms used in these GTCs shall have the following meaning:
- Account means Website’s Client interface (virtual personal profile of Client on Website) enabling Client to use individual functions and Services on Website.
- AML Act means the Act No. 297/2008 Coll. on protection against money laundering and terrorist financing and on the amendment to certain acts.
- AML Check means any and all measures and actions according to AML Laws and according to AML Regulation, which may include, inter alia, the identification of the Client and the verification of his / her identification.
- AML Laws means AML Act and any other applicable laws regulating the money laundering, terrorism financing, bribery, corruption, tax evasion, fraud etc.
- AML Program means Provider's internal regulation on protection against money laundering and on protection against terrorist financing, which represents the Provider's prepared in accordance with AML Act.
- Client has the meaning given in clause 3.2.
- Code has the meaning given in clause 8.3.
- Consumer means a natural person who is considered to be a consumer under the laws of the Slovak Republic and who accepts these GTCs and orders Services as such consumer.
- Conversion has the meaning given in clause 7.1.
- Conversion means a digital voucher that can be purchased for FIAT Currency and that entitles its holder to exchange (redeem) it under the conditions set out by these GTCs for a designated crypto-asset offered on Website;
- Custody has the meaning given in clause 5.2.
- CV Order has the meaning given in clause 8.1.
- Designated FIAT Currency has the meaning given in clause 7.8.
- Distributor has the meaning given in clause 9.1.
- Documentation means together GTCs, Privacy Notice and Order Execution Policy.
- Effective Date has the meaning given in clause 18.1.
- Execution Time has the meaning given in clause 7.3.
- Fees means all the fees imposed by Provider for the provision of Services to Clients.
- FIAT Currency means any government-issued currency accepted by Provider on Website.
- GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
- GTCs has the meaning given in clause 1.1.
- List of Fees has the meaning given in clause 12.1.
- MiCAR means Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937.
- Nominal Value means the nominal value of a Crypto Voucher as determined by Client on Website and that represent purchase price for Crypto Voucher.
- Order Execution Policy means the internal policy of Provider on execution of Client’s order that Provider processes in line with clause 7.2.2 and that provides for the steps to obtain, while executing such orders, the best possible result for Clients taking into account factors of price, costs, speed, likelihood of execution and any other consideration relevant to the execution of the order by Provider.
- Privacy Notice means the privacy policy of Provider available online here: https://cryptovoucher.io/cookies-policy
- Provider has the meaning given in clause 1.1.
- Register has the meaning given in clause 5.4.
- Service and Services has the meaning given in clause 1.4.
- Statement of position has the meaning given in clause 5.7.
- Transfer has the meaning given in clause 6.1.
- Transfer Fee has the meaning given in clause 6.2.2.
- Validity Period has the meaning given in clause 8.7.
- Visitor has the meaning given in clause 3.1.
- Wallet means a digital wallet operated by Provider on which Client’s crypto-assets are stored and registered.
- Website has the meaning given in clause 1.3.
- When interpreting these GTCs, the following interpretation rules shall be used:
- any reference in these GTCs to a clause or subclause shall mean a reference to the relevant clause of, or subclause of, these GTCs, unless the context implies a reference to another document, agreement or contract, and each such reference shall also include all of subclauses, paragraphs and subparagraphs of that clause, unless expressly stated otherwise;
- any reference in these GTCs to an Act or law shall be interpreted as a reference to the Act or law as valid and effective;
- any reference in these GTCs to an Act, regulation or legal order shall be construed as a reference to an Act, regulation or legal order of the Slovak Republic, unless expressly stated otherwise in these GTCs;
- headings of clauses are for convenience only and shall not affect interpretation of these GTCs;
- the expression “in writing” shall include any legible record of words in the permanent and substantive form (including communication via e-mail or by other electronic means);
- the expression “person” or “third person” shall be interpreted as a reference to any natural and/or legal person, in particular any company, government, state or government authority or any association (regardless of whether incorporated or not within the legal order of its establishment);
- the term “crypto-asset” shall be interpreted in line with Article 3 (1) (5) of MiCAR as a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology; and
- the term "positive result" in connection with the term AML Check means that Client’s or Visitor’s request and/or order (whether for Service or for any other action related to Website) is in accordance with the AML Program and AML Laws and can be complied with by Provider.
- Capitalized terms used in these GTCs shall have the following meaning:
- REGISTRATION AND ACCOUNT
- Any visitor of Website, being natural or legal person (the “Visitor”) may use Services and other Website’s features only upon the registration at Website. For this purpose, Visitor must complete the registration form which always includes provision of Visitor’s valid e-mail address and the acceptance of Documentation.
- Upon the completion of steps under clause 3.1 Provider creates Account for Visitor who becomes user of Website and of Services (the “Client”). Provider reserves the right not to register Visitor and thus, not to create him / her Account. Provider is not obliged to provide any reason for such decision.
- Client is bound by these GTCs by accepting them in the registration process under clause 3.1. By completing the registration process by Client and the creation of Account both Client and Provider enter into commercial relationship governed by these GTCs and other Documentation.
- Client himself / herself is responsible for his / her login data to Account. In case of loss of login data to Account, Client may request Provider to restore them, in which case Provider will send Client new login data to Client's e-mail address provided by Client within the registration process under clause 3.1.
- Client is not authorized to leave or make Account available to a third party. If, despite this, Client leaves or makes Account available to a third party, he / she is fully responsible for such act and for the damage caused to Provider as a result of such act.
- PROVIDER’S AML OBLIGATIONS AND PRECONDITIONS TO USE OF SERVICES
- Provider is the obliged entity under Section 5(1)(o) and (p) of AML Act, therefore Provider has obligations further specified in this clause 4.
- Client is entitled to use any Services only after a positive result of AML Check.
- Client will be subject to AML Check automatically at his / her first request for any Service. Regardless of the previous sentence Provider may decide to carry out AML Check even within the registration process under clause 3.1. In such case Provider will not create Account without the positive result of AML Check.
- In order to carry out AML Check Provider may request any necessary documents and papers from Client for the purpose of fulfilling Provider’s obligations under AML Laws and AML Program, including, but not limited to, a copy of an identity card or other identity document, a photograph of a person (selfie), a document confirming a person's permanent residence, a document confirming the origin of income and financial resources and similar documents relating to the legal entity and its statutory body. Furthermore, Provider may request from Client information on the intended nature of transactions Client intends to carry out on Website, on whether Client or its statutory body (if Client is legal person) is politically exposed person, on whether Client acts in his / her own name or as an agent of any third party, etc.
- Provider may carry out verification of Client’s identity also via automated software solutions or external providers.
- Provider carries out AML Check according to AML Laws and AML Program. Provider is authorized to carry out AML Check before providing any Service, even repeatedly.
- In the cases specified in AML Laws and AML Program, Provider is obliged to refuse the provision of Service, or to suspend the performance of Service. At the same time, Provider reserves the right, based on the results of the AML Check, to refuse to provide any Service and, if necessary, to cancel Client's Account and Wallet.
- In case of repeated provision of Services to the same Client, Provider carries out AML Check, mainly if it is necessary or recommendable according to AML Laws and the AML Program, and to the extent specified therein.
- Provider also reserves the right at any time to request Client to submit again any information and documents, or to update it, for the purpose of repeated or ongoing AML Check.
- The cooperation of Client in the process of AML Check is a necessary prerequisite for the provision of Services to Client.
- Provider hereby notifies Client that, as an obliged person under AML Act, it is obliged to process Client's personal data for the purpose of preventing and detecting money laundering and terrorist financing. In this context, Provider is authorized even without Client’s consent to identify, obtain, record, store, use and otherwise process the personal data and other data in the extent under Sections 10 (1), 11 (3), 12 (1) and 12 (2) of AML Act, and is also entitled to obtain personal data necessary to achieve the purpose of processing by copying, scanning or otherwise recording official documents on an information carrier and to process birth registration numbers and other information and documents without the consent of the respective person concerned to the extent according to Sections 10 (1), 11 (3), 12 (1) and 12 (2) of AML Act.
- Provision of any Service in these GTCs may be delayed by AML Check. Such delay is not considered as breach of any Provider’s obligations under these GTCs.
- WALLET AND CUSTODY
- Upon creation of Account Provider creates a separate Wallet associated to such Account.
- In relation to Wallet Provider provides to Client the service of safekeeping and custody of crypto-assets stored on Wallet (the “Custody”).
- Provider safeguards the ownership rights of Client to crypto-assets on Wallet. Provider has security systems in place to ensure its obligation under the previous sentence.
- Provider keeps a register of positions, opened in the name of each Client, corresponding to each Client’s rights to the crypto-assets (the “Register”). Provider records as soon as possible in Register any movements following instructions from Clients. In such cases, Provider ensures that any movement affecting the registration of the crypto-assets is evidenced by a transaction regularly registered in Register.
- By providing Custody Provider facilitates the exercise of the rights attached to the cryptoassets, where applicable. In any event likely to create or modify the rights of Client Provider immediately records it in Register.
- In case of any changes to the underlying distributed ledger technology or any other event likely to create or modify a Client’s rights, Client is not entitled to any crypto-assets or any rights newly created. Regardless of the previous sentence, Provider may, upon its discretion, confer Clients, on a non-discriminatory basis, such newly created crypto-assets or rights to the extent of Client’s positions at the time of the occurrence of that respective change or event leading to the creation of these crypto-assets or rights.
- Provider provides Client, once per every three months and always at the request of Client, with a statement of position of the crypto-assets recorded in the name of the particular Client (the “Statement of position”). Statement of position is provided in electronic format and identifies:
- the crypto-assets concerned,
- their balance,
- their value, and
- the transfer of crypto-assets made during the period concerned.
- In case of any operation on crypto-assets that requires a response from Client, Provider will provide Client with the respective information.
- Any crypto-assets registered on Wallet are always the property of Client, and Client is entitled to dispose of them under the terms of these GTCs. If any such crypto-assets are necessary for the provision of any Service ordered by Client and/or for the payment of any Fees associated with such Service, Client hereby authorizes Provider to process and/or transfer such crypto-assets accordingly by ordering the respective Service.
- TRANSFER OF CRYPTO-ASSETS
- Provider offers to Client on Website the service of transfer, on behalf of Client, of crypto-assets from Wallet to another distributed ledger address or account (the “Transfer”).
- Provider will process any Client’s order for execution of Transfer only if the following preconditions are met:
- Client will provide and insert on Website the correct and existing distributed ledger address to where crypto-assets should be sent; and
- Client has available sufficient amount of crypto-assets that are the subject of such order and that will cover Provider’s fee for processing Transfer (the “Transfer Fee”).
- Provider publishes on Website the minimum amount of crypto-assets that must be the subject of Client’s order for execution of Transfer. Provider will not execute Transfer for orders below such amount.
- CONVERSION
- Provider offers to Clients on Website the service of purchase and sale of crypto-assets for FIAT Currency or for another crypto-asset (the “Conversion”).
- Provider executes Conversion in the following forms:
- via the conclusion of purchase or sale contracts concerning crypto-assets with Clients for FIAT Currency or for crypto-assets by using its proprietary capital; or
- via the conclusion of agreements, on behalf of clients, to purchase or sell one or more crypto-assets.
- In case of Conversion request consisting in purchase of crypto-assets for FIAT Currency Client may use the payment methods available on Website. Upon choosing the payment method, Client will be notified of the amount of crypto-asset he / she will receive upon Conversion execution (the price for Conversion). This Conversion request is valid for no more than 15 (in words: fifteen) seconds from its creation (the “Execution Time”). Upon expiration of Execution Time Client will need to submit again Conversion request under this clause 7.3.
- If Conversion request under clause 7.3 is submitted within Execution Time Provider will execute Conversion immediately upon the payment is processed and the crypto-assets purchased by Client will be registered on his / her Wallet.
- In case of Conversion request consisting in purchase of crypto-assets for other crypto-assets Client will choose of one of the pairs of crypto-assets available of Website consisting of (i) crypto-asset that will be purchased by Client, and (ii) crypto-asset that will be sold by Client as a consideration for the purchase. Upon choosing the respective pair, Client will be notified of the amount of crypto-asset he / she will receive upon Conversion execution (the price for Conversion). This Conversion request is valid only for Execution time. Upon expiration of Execution Time Client will need to submit again for Conversion request under this clause 7.5.
- If Conversion request under clause 7.5 is submitted within Execution Time Provider will execute Conversion immediately and (i) will deregister Client’s crypto-assets representing the consideration for purchasing other crypto-assets from Client’s Wallet and, (ii) register the crypto-assets purchased by Client on Client’s Wallet.
- Provider will reject Conversion request under clause 7.5 if Client will not have enough crypto- assets on its Wallet to pay for such request and to pay for the associated Fees, if such Fees are applicable.
- Client may request Provider for withdrawal of his /her crypto-assets from his / her Wallet to Client’s bank account. Such request is considered Conversion request and it may be submitted only in relation to FIAT Currency designated on Website (the “Designated FIAT Currency”). Upon providing Provider with the bank account number, Client will be notified of the amount of FIAT Currency he / she will receive upon Conversion execution (the price for Conversion). This Conversion request is valid only for Execution time. Upon expiration of Execution Time Client will need to submit again for Conversion request under this clause 7.8.
- If Conversion request under clause 7.8 is submitted within Execution Time Provider will execute Conversion immediately and (i) will deregister Client’s crypto-assets that were subject of the withdrawal from Client’s Wallet and, (ii) transfer the respective amount of FIAT Currency to the bank account designated by Client. In case the FIAT Currency of such designated bank account is different from Designated FIAT Currency, Client bears all the costs for such conversion between FIAT Currencies.
- Any Conversion request confirmed by Client within Execution Time shall be deemed final.
- Client may deposit any crypto-assets to Wallet by:
- Transferring crypto-assets from distributed ledger address or account outside of Website to his / her Wallet; or
- Ordering Conversion by submitting the order to purchase crypto-assets for FIAT Currency.
- Provider publishes on Website the minimum amount of:
- Crypto-assets that may be subject to transfer under clause 7.11.1;
- Crypto-assets that may be subject to Conversion; and
- FIAT Currency that may be subject to Conversion.
- Any Conversion requests that are not compliant with the limits under clause 7.12 will not be processed by Provider.
- Provider provides Conversion to Clients on non-discriminatory basis and may only reject Conversion requests for the reasons stated in these GTCs (including as a result of AML Check).
- Provider makes available on Website transaction volumes and prices in relation to executed Conversions.
- When Provider proceeds in execution of Conversion request in line with clause 7.2.2 Provider may execute it outside of Website. Client by accepting these GTCs expressly consents that Provider may proceed as per previous sentence.
- CRYPTO VOUCHERS
- Client may purchase Crypto Voucher by placing an instruction on Website with the following information:
- Nominal Value;
- designated crypto-asset for which Crypto Voucher may be redeemed; and
- the payment method for the execution of the payment for Crypto Voucher (the „CV Order“).
- Upon placement of CV Order Client may be subjected to AML Check in line with these GTCs. Afterwards, Client will be obliged to pay Nominal Value via the payment method he / she chose.
- If Nominal Value has been paid successfully, Client will acquire Crypto Voucher. Nominal Value is considered to be paid successfully once it is credited to Provider’s bank account. Client will receive e-mail notification on successful payment for Crypto Voucher. At the same time, Provider will automatically generate a unique authorisation code tied to the particular Crypto Voucher (the “Code”).
- As a result of successful payment of Nominal Value, Provider will make available on Website the following options to Client:
- to instantly redeem Crypto Voucher;
- to get Code which can be used later to redeem Crypto Voucher within a time period specified in clause 8.7; and
- to send Code to any third party by using its phone number or e-mail.
- Instant redemption of Crypto Voucher under clause 8.4.1 represents Client’s order for Conversion under which Nominal Value represents the amount of FIAT Currency which was paid by Client to purchase crypto-asset to which Crypto Voucher is tied to.
- If Client will choose to receive Code on his / her e-mail, he / she is entitled to request its redemption, i.e. to submit Conversion order, later within the time period under clause 8.7.
- The validity of Crypto Voucher is limited to 180 (in words: one hundred and eighty) days starting from the purchase of Crypto Voucher under the clause 8.3 of these GTCs (the “Validity Period”). The moment of the e-mail notification on successful payment for Crypto Voucher by Client constitutes the delivery of Crypto Voucher for the purposes of these GTCs. Code can only be used in line with clause 8.7 by its holder (Client or person under clause 8.4.3) within Validity Period. Upon expiration of Validity Period, Crypto Voucher may no longer be redeemed. By purchasing Crypto Voucher under these GTCs Client explicitly acknowledges the existence of Validity Period and the consequences of its expiration. Client is not entitled to any compensation in case he / she will not redeem Crypto Voucher within Validity Period.
- Provider acquires ownership right to Nominal Value paid by Client by (i) the redemption of Crypto Voucher in line with this clause 8, or by (ii) expiration of Validity Period in case Crypto Voucher was not redeemed within Validity Period.
- Provider reserves the right to temporarily or permanently restrict Crypto Voucher purchased by Client if:
- (a)Client is using Crypto Voucher in violation of the law or in violation of these GTCs; or
- (b)Crypto Voucher was acquired in violation of the law.
- Crypto Voucher cannot be used to purchase another Crypto Voucher. Crypto Voucher cannot be changed or redeemed for FIAT Currency.
- Crypto Voucher cannot be used to purchase goods and services.
- Crypto Voucher can only be redeemed once and in full. This means that any Conversion order placed by Client under this clause 8 is always made by Client with the full amount of Nominal Value as Client’s payment for crypto-asset being purchased.
- Client may purchase Crypto Voucher by placing an instruction on Website with the following information:
- DISTRIBUTORS
- Any Client who wants to resell Crypto Vouchers may become a Provider’s business partner (the “Distributor”). To become a Distributor Client needs to apply for it on Website and to provide Provider with the required information. Upon that Provider may conclude with such Client Distribution Agreement under which such Client becomes Distributor.
- Distributors are resellers of Crypto Vouchers. However, Distributors are not entitled to execute Conversion for Client. Crypto Vouchers may be used by their holders and to be redeemed by them only at Website in line with clause 8. Any holder of Crypto Voucher who purchased it from Distributor is, therefore, bound by these GTCs in the extent necessary for the redemption of Crypto Voucher.
- Distributors must ensure that:
- When reselling Crypto Vouchers they are proceeding in accordance with AML Laws; and
- When reselling Crypto Vouchers their Clients are bound by these GTCs in the extent relating to Crypto Vouchers.
- When reselling Crypto Vouchers Distributors are entitled to impose further obligations on their clients beyond these GTCs, including the payment of other fees to Distributor, if Distribution Agreement does not provide otherwise.
- Distributors are obliged to fully cooperate with Provider in fulfilling Provider’s obligations under AML Laws.
- Provider is not liable to Distributor’s clients for any breach of Distributor’s obligations when reselling Crypto Vouchers, including the situations where Crypto Vouchers / Codes cannot be used by these clients as anticipated by these GTCs as a result of breach of Distributor’s obligations. In case of any defects of Crypto Vouchers resold by Distributor:
- Distributor is liable to Provider for any breach of Distributor’s obligations;
- Provider is liable to Distributor if such defects are caused by Provider; and
- the claims arising from the mutual rights and obligations of Distributor and its clients are addressed and dealt with by these parties exclusively between themselves.
- Distribution Agreement provides for further rights and obligations between Provider and Distributor. Distribution Agreement may also provide for minimum amount of Crypto Vouchers that must be purchased by Distributor in certain period of time.
- Provider provides on its Website the list of Distributors and all the payment methods they are using to sell Crypto Voucher.
- COMMON PROVISIONS TO THE PROVISION OF SERVICES
- Client is obliged to provide cooperation and assistance to Provider in fulfilling its obligations under these GTCs if Provider legitimately requests so.
- Client may not assign any rights or obligations under these GTCs or arising from any Service to a third party without the prior written consent of Provider unless these GTCs do not provide otherwise. Provider may assign any claims against Client to a third party even without the prior written consent of Client.
- Provider and Client are obliged to notify each other immediately of all facts of fundamental importance for the fulfilment of any Service or for the fulfilment of these GTCs.
- Any tax obligations related to the use of Services will be complied by Provider only to the extent and in line with the applicable laws. Client is obliged to independently verify whether he / she has any tax obligations related to the use of Services, and if so, he / she is fully liable to comply with them. For this purpose, Provider will provide Client with all the information Client will legitimately need.
- In the event of Client's death (if Client is a natural person), any crypto-assets on Wallet become the subject of the inheritance proceedings. Provider will make Client's Wallet available to his / her heir(s), after a proof of a legally valid decision of the competent court deciding the relevant inheritance proceedings or another similar document with the same legal effects. In the case of Client whose inheritance proceedings were not conducted according to Slovak law, Provider is entitled to have a legal opinion drawn up confirming the legal effects of the inheritance decision under foreign law, which will be presented to Provider for the purpose of the verification of its legal effects. Provider is entitled to offset costs for such legal opinion against the crypto-assets that are the subject of the inheritance.
- Provider keeps the records of all Services provided and of all the activities and the transactions with crypto-assets related to such Services. Provider will provide these records to Client upon his / her request in the extent relating to Services provided by such Client. Provider keeps these records for the period of five years, if it is not requested to keep them for longer period by the respective public authority.
- SUSPENSION AND TERMINATION OF THE PROVISION OF SERVICES
- Provider reserves the right to stop providing any or all of Services under these GTCs at any time. In such a case, it will reject new requests from Client for any Service, which it has decided not to provide further, and will terminate the active Service (e. g. Custody) with a one-month notice period starting from the day following delivery of the notice to Client.
- Provider reserves the right to temporarily suspend the provision of Services primarily in cases of (i) a force majeure, (ii) a hacker attack, (iii) a change in legislation that will make it impossible for Provider to provide Services under the terms of these GTCs without obtaining additional authorizations or licenses, (iv) an internet outage or a similar event that will make it impossible for Provider to provide Services, or (v) for reasons provided for in AML Program and AML Laws, including in case of any suspicion that any transaction of Client may constitute an unusual business operation under AML Act.
- If any suspension of Conversion lasts for more than one day, Validity Period is extended accordingly by the time of the duration of such suspension. If Crypto Voucher cannot be redeemed because of the suspension of Conversion in the last 24 hours of Validity Period, Validity Period will be extended by the duration of such suspension and Client will be notified immediately once the suspension of Conversion terminates.
- Client is entitled to request cancellation of Account at any time. Such a request by Client is considered to be a notice of termination of the contractual relationship established between Client and Provider according to clause 3.3.
- As a result of the cancellation of Account, Client’s Wallet is terminated as well. Therefore, in the case of cancellation of Account, whether by Provider or by Client, Client must order Transfer or Conversion (to FIAT Currency) in connection with the crypto-assets on Wallet, otherwise Account cannot be cancelled. In case Client fails to do so, Provider is entitled to impose Fees for further Custody of such crypto-assets.
- FEES
- Provision of Services is charged according to the current list of Fees (the “List of Fees”). The current version of List of Fees is available on Webpage.
- Any Fees to be paid by Client by ordering Services will be primarily paid from his / her crypto- assets on Wallet, unless List of Fees provides that some of the Fees are paid in FIAT Currency in which case they will be paid from Client’s FIAT Currency made available to Provider when executing Client´s order.
- Provider reserves the right to set off any due Fees and expenses or other receivables related to the provision of Services against Client unilaterally.
- Provider reserves the right to change List of Fees or introduce new fees related to the provision of Services. Provider is entitled to amend List of Fees or alter Fees of individual Services with the effectiveness of 14 days from the delivery of notification on this amendment to Client’s e-mail address. The new List of Fees shall take effect on the 14th day from the delivery of the notification per the previous sentence.
- Fees are calculated as a percentage per transaction and/or as a flat fee unless List of Fees provides otherwise. Fees also include any fees for services provided to Provider by third party service providers.
- Client is always informed on the exact amount of Fees he / she will be charged between requesting and ordering (confirming) particular Service.
- List of Fees include, in particular, but not exclusively, the following Fees:
- Transfer Fee; and
- Fees for Conversion, including when redeeming Crypto Voucher.
- RISKS ASSOCIATED WITH CRYPTO-ASSETS
- By ordering any Service Client expressly acknowledges the high-risk depreciation and volatility factors associated with investing and trading in crypto-assets and accepts the risk of decline or even total loss of his / her investment in crypto-assets.
- Each particular crypto-asset may pose specific risk. Provider makes available on its Website white papers or similar documents of crypto-assets available on Website that describe in further details risk factors associated to such crypto-assets. Furthermore, through these white papers or similar documents Provider makes available to Clients any information related to the principal adverse impacts on the climate and other environment-related adverse impacts of the consensus mechanism used to issue such crypto-assets.
- LIABILITY
- Provider is liable to Clients for their loss of any crypto-assets or of the means of access to the crypto-assets as a result of any incident attributable to Provider. The liability of Provider under the previous sentence is capped at the market value of the crypto-asset that was lost, at the time the loss occurred.
- In line with the clause 13 Provider is not liable for any partial or total loss of value of Client’s crypto-assets.
- Provider is not liable for:
- damages caused to Client by improper use of Account by Client himself / herself;
- loss of Client’s login data to Account;
- any damage caused to Client by incorrect interpretation or use of the information provided on Website;
- the loss, destruction or misuse of Crypto Voucher and/or Code by an unauthorised person;
- the compatibility of Website with any third-party software not developed by Provider;
- the quality, speed and availability of Client’s internet connection for the purpose of using Services.
- Provider provides Custody in a manner that enables secure custody and protection of crypto- assets against theft, loss, or accidental destruction in relation to the data required for the handling of Cryptocurrencies.
- In case of any defects of Services not caused by Client, and if the exclusion of Provider’s liability under this clause 14 does not apply, Client has a right to free, timely and proper removal of these defects.
- The duration of Provider’s liability for the defects of Services is 24 months from the provision of a specific Service.
- Provider arranges for the back-up of all the data stored on its servers. However, Provider is not liable for the loss, damage or removal of any information, records, visual recordings, data, communications or any other information entered by Client into his / her Account which occurred as a consequence of Client’s negligence or intention.
- Incidents not attributable to Provider under clause 14.1 include any event that occurs independently of the provision of relevant Service, or independently of the operations of Provider. Such incidents may include any force majeure event which could not be prevented by Provider even when thoroughly complying with its business continuity policy and other internal regulations. Such incidents may be:
- (a) problem inherent in the operation of the distributed ledger that the Provider does not control;
- (b) protest, strike, power outage, natural disaster, armed conflict, suspension of internet connection;
- (c) terrorist attack and the related circumstances; or
- (d) hacker attacks.
- Provider is liable for the performance of these GTCs unless its liability is excluded by these GTCs or by law.
- Client shall be held liable to Provider for all the damage incurred by Provider as a result of any documents or information provided by Client within AML Check or as part of the registration process being partially or fully false and/or incomplete and/or distorted.
- COMPLAINTS AND REQUESTS FOR REMEDY
- In case of any suggestions or complaints related to the provision of Services according to these GTCs, Client is entitled to contact Provider at any time at the following e-mail address: [email protected] or by letter at the following address: Bottova 2A, Bratislava 811 09, Slovakia. Submission and resolution of any complaint is free of charge.
- The complaint is only admissible if it provides for contact details of Client attributable to the specific Account and subject matter of the complaint.
- Provider will always provide e-mail confirmation to Client on the receipt of its complaint if Client’s e-mail address is available to Provider from the complaint or otherwise.
- Client may submit compliant under this clause 15 using the standard template form available on Website.
- Consumer has the right to contact Provider with a request for remedy if a dispute arises between Client and Provider regarding the exercise of rights from liability for defects or if Consumer believes that Provider has violated other rights of Consumer. Consumer may use for the request for remedy the same template as for the compliant and Provider will treat any complaint that by its content may be assessed as request for remedy, as if Consumer submitted request for remedy.
- Provider is obliged to respond to Consumer’s request for remedy within 30 days from the date of delivery of such request to Provider. If Provider does not respond within the time period under the previous sentence, or rejects this Consumer’s request for remedy, Consumer has the right to submit a proposal to initiate alternative dispute resolution at the alternative dispute resolution entity. This does not affect the Consumer’s rights to file a claim at court.
- The state authority in matters of consumer protection in the Slovak Republic is the Slovak Trade Inspection, with its registered seat at P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, Slovakia. This authority is also one of the entities providing the alternative dispute resolution available to Consumer. The list of the entities providing alternative dispute resolution is available on the website of the Ministry of Economy of the Slovak Republic: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-disputes-1
- Consumer may also submit a proposal for the alternative dispute resolution through the following alternative dispute resolution platform (online dispute resolution): http://ec.europa.eu/consumers/odr/
- Provider is obliged to cooperate with the entity of alternative dispute resolution in resolving the dispute.
- Clause 15.5 and the first sentence of the clause 15.6 apply to Client which is not Consumer accordingly.
- RIGHT OF CONSUMER TO WITHDRAW FROM THESE GTCS AND SERVICES
- Consumer has the right to:
- withdraw from the contractual relationship established according to clause 3.3 without giving a reason within 14 days of the creation of Account; and
- withdraw from any Service ordered by him / her within 14 days from ordering such Service.
- Withdrawal may be carried out by Consumer by a clear statement, for example by a letter sent by post to Provider to the address Bottova 2A, Bratislava 811 09, Slovakia, or by e-mail sent to Provider to its e-mail address: [email protected]. For this purpose, Consumer may also use the standard template form available on Website. The withdrawal period of 14 days is complied with if the withdrawal notice is sent by Consumer before the withdrawal period expires.
- Consumer loses the right to withdraw from these GTCs and/or from the provision of any Service if the provision of Service has begun before the expiry of the 14 days withdrawal period and subject to the following conditions:
- .Consumer has expressly agreed to such commencement of the provision of Services, and
- Consumer has declared that he / she has been properly informed that by expressing his consent he / she loses the right to withdraw from these GTCs and / or particular Service Consumer ordered.
- Provider will specifically inform Consumer about the facts according to clause 16.3 before Consumer finally proceeds to confirm the order of Service. The examples of Services, provision of which commence before the expiry of 14 days withdrawal period, and has, therefore, the consequence under clause 16.3, is Transfer.
- Clauses 16.1 to 16.4 do not apply to Conversion as this Service is dependent on the movement of prices on the financial market.
- Consumer has the right to:
- COMMUNICATION AND DELIVERY
- Any communication, waiver or other notification of Client in connection with Services provided on the basis of these GTCs must be delivered to Provider at the following e-mail address: [email protected],if these GTCs does not provide in the particular case otherwise. Provider announces any change of its e-mail address for the communication specified in the previous sentence on Website.
- Any communication, waiver or other notification of Provider in connection with Services provided on the basis of these GTCs must be delivered to Client at Client's e-mail address. Client's e-mail address can be changed within his / her Account.
- For the purposes of these GTCs, an e-mail is considered delivered on the day it is sent, if (i) the sender of the e-mail does not receive a message about the impossibility of the delivery of such e-mail, or if (ii) the recipient of such e-mail does not prove that the delivery did not take place.
- CHANGES OF GTCS
- Provider reserves the right to change these GTCs without Client's consent. In such a case, Provider will publish on Website a new complete text of GTCs, which fully replaces the previous version of GTCs, and which is effective from the effective date specified in such new version of GTCs, but no earlier than 14 days after the date of their publication (the “Effective Date”). Provider will notify Client that a new full version of GTCs has been published.
- In the event that Client does not agree with the change of these GTCs according to clause 18.1., he / she may request the cancellation of Account no later than the day before Effective Date. In such case Provider shall proceed according to clause 11 to cancel Account. Until Account is cancelled original (unchanged) GTCs apply to Client.
- If Client continues to use Account and Services even after Effective Date, he / she agrees without reservations to the new wording of GTCs.
- FINAL PROVISIONS
- These GTCs and Services are governed by the laws of the Slovak Republic, primarily by Act No. 513/1991 Coll. Commercial Code. Section 52 of Act no. 40/1964 Coll. Civil Code is not affected by this if Client is Consumer.
- guarantees for the implementation of appropriate technical and organizational measures in Provider declares that, when processing personal data, it will ensure the provision of sufficient such a way that the processing meets the requirements of GDPR and will ensure the protection of the rights of the persons concerned. More detailed information on the protection of personal data processed by Provider can be found in Privacy Policy.
- If any provision of these GTCs becomes invalid or unenforceable, the remaining provisions of these GTCs shall remain valid, unless the nature or content of these GTCs or the circumstances of its entering into imply that this invalid or unenforceable provision cannot be severed from the rest of these GTCs someeses.
These GTCs are effective as of August 1, 2024.
WITHDRAWAL FORM
(FILL IN AND SEND THIS FORM ONLY IF YOU WISH TO WITHDRAW FROM THE AGREEMENT)
To:
Fintegence, s.r.o.
Bottova 2A
811 09 Bratislava
Slovak Republic
E-mail: [email protected]
I hereby / We hereby announce* that I am / we are withdraw* from the agreement for the following goods / the agreement on the provision of the following services and works*: | |
Date of order / Date of receipt*: | |
Name and surname, address of consumer / consumers* | |
Date: | Signature of the consumer / consumers* (only if this form is submitted in the physical form) |