GENERAL TERMS AND CONDITIONS FOR CRYPTO VOUCHER SERVICES
- INTRODUCTORY PROVISIONS
- The subject-matter of these General Terms and Conditions (the „GTCs”) for Crypto Voucher services provided by Fintegence, s.r.o., with its registered office at Palárikova 76, Čadca, 022 01, Identification No.: 47 956 925, registered in the Commercial Register of the District Court Žilina, section: Sro, insert No.: 72001/L („Fintegence”), is to regulate the related mutual rights and obligations between to the Consumer and the Provider, to regulate the process of purchase of the Services, to stipulate the terms and conditions of their use, and other facts relevant for using our Services.
- Any legal relationships not explicitly provided for by these GTCs will be governed by the applicable laws of the Slovak Republic, unless stipulated otherwise.
- Crypto Voucher is a digital voucher used for converting the financial value of this voucher denominated in EURO into a Cryptocurrency offered on the Website; Crypto Voucher is not a means of payment, an electronic money means or any other means pursuant to the applicable payment services laws.
- Cryptocurrency means the property value concentrated within a digital unit that can usually be obtained by converting an officially recognised currency and at the same time selling a Cryptocurrency in exchange for an officially recognised currency.
- Conversion means the sale of an officially recognised currency for a Cryptocurrency or the purchase of an officially recognised currency for a Cryptocurrency at a value corresponding to the conversion rate at the time of the Conversion.
- Account means the Website’s user interface allowing you to save a Crypto Voucher, to obtain information related to a Crypto Voucher, and to perform the Conversion as set out in the Order. At the same time, an Account is a virtual personal profile of the Consumer allowing access to the functions of the Website and its individual functions and services.
- Nominal Value means the property value of a Crypto Voucher as determined by the Consumer in the Order. At the same time, the Nominal Value serves as the property value that forms the basis of the Conversion into the Cryptocurrency selected by the Consumer when redeeming the Crypto Voucher.
- Consumer means a natural person who, when entering into and performing the Agreement, does not act within the scope of his/her business, employment or occupation. The Consumer is a Party.
- Provider means Fintegence. Contact details [email protected], telephone: 0048791 024 057, available Monday to Friday from 9.00 a.m. until 5.00 p.m. (Central European Time).
- Partner means a business partner of the Provider included in the affiliate partner program who provides the Crypto Voucher to Consumers.
- Website means the website https://cryptovoucher.io.
- Party means the Provider and the Consumer who have entered into the Agreement with each other.
- SUBJECT-MATTER OF THE AGREEMENT
- The subject-matter of the Agreement is the purchase of the Cryptocurrency by means of a Crypto Voucher, the stipulation of the terms and conditions for the possession of the Crypto Voucher, the stipulation of the terms and conditions for the Conversion and acquisition of the Cryptocurrency, and the establishment, opening and use of the Account and other legal relations related to the possession and redemption of the Crypto Voucher.
- The subject-matter of the Agreement also includes the rights and obligations of both Parties and other relevant facts stipulated by the Agreement. By opening an Account on the Website, the Consumer enters into the Agreement within the meaning of these GTCs to the extent of using the Account. The Consumer has the right to keep his/her personal data and the Crypto Voucher in the Account.
- The Agreement is entered into by means of an Order created by you through the Website. The subject-matter of the Order is the stipulation of the Nominal Value of the Crypto Voucher, selection of the Cryptocurrency to which the Crypto Voucher is to be subsequently converted and the method of its payment. Upon filling in your personal data and pressing the payment button, the Order is processed.
- The Agreement may also be entered into through our Partners, within their transactions.
- Thereafter, you will be prompted to verify your identity. This process is mandatory and required by law, as it is necessary to verify your identity to prevent money laundering and terrorist financing (Anti Money Laundering Law). You can choose an automatic verification method or a manual verification method to verify your identity. In the case of automatic identity verification, you will provide your personal data to Veriff OU, with its registered office at Tartu mnt 10, Tallinn 10145, Estonia, Identification No.: 12932944. The Provider reserves the right to withhold or cancel the transaction with the funds intended for the purchase of the Crypto Voucher until the statutory conditions resulting from the relevant laws have been fully satisfied.
- If your identity has been verified successfully, you will be redirected to the payment service provider’s website that will execute the payment method of your choice.
- If the Nominal Value of the Crypto Voucher has been paid successfully, you will acquired the Crypto Voucher and you therefore have the right to execute the Conversion by means of an “authorisation code” you enter in the location specified on the Website. You will then be notified of the cost of the Conversion (the amount of the Cryptocurrency) if you decide to convert the Crypto Voucher. Conversion may only be executed in respect of the full Nominal Value; no Conversions of a part of the Nominal Value are permitted.
- Successful payment of the Nominal Value pursuant to clause 3.7 is considered to constitute the moment of entering into the Agreement.
- When redeeming the Crypto Voucher in the form of a Conversion request, please note that this request is valid for no more than 15 (in words: fifteen) seconds from its creation. Thereafter, the Conversion request may change due to a change in the conversion rate that took place between the time the request was made and its expiration pursuant to this sentence.
- In the case of a Conversion, you are required to establish a deposit to which the Cryptocurrency will be transferred. The Provider does not offer any Cryptocurrency deposit services.
- Please note that the validity of the Crypto Voucher is limited to 180 (in words: one hundred and eighty) days starting from the moment the Crypto Voucher has been delivered; the ability of the Consumer to use the Crypto Voucher for the first time will be considered to constitute the delivery for the purposes of these GTCs. Upon expiration of the Crypto Voucher validity time, you lose the option to redeem the Crypto Voucher. By not redeeming the Crypto Voucher in the form of a Conversion during its validity, you express your tacit consent to the transfer of the Nominal Value in favour of the Provider.
- If the Crypto Voucher has been assigned, the acquirer is bound by these GTCs and the Agreement, and the Consumer must inform the acquirer about the wording of these GTCs.
- The Consumer or the acquirer of the Crypto Voucher represents to be aware that the conversion rate of the Cryptocurrency may change significantly after the Conversion has been executed and that the Provider is not liable for this situation.
- The Provider is entitled to acquire a financial reward equal to the percentage calculated from the value of the Cryptocurrency resulting from the Conversion. The amount of financial reward is governed by the calculation shown right before the redemption of the Cryptovoucher. This financial reward will be deducted from the final amount of the Cryptocurrency at the moment the Cryptovoucher is redeemed under Conversion. In this regard, please note that the amount of the Cryptocurrency you receive will therefore be reduced by the Provider's financial reward in accordance with the previous sentence. For more information, please follow the FAQ.
- CRYPTO VOUCHER RESTRICTION
- The Provider reserves the right to temporarily or permanently restrict the Crypto Voucher purchased by the Consumer if:
a. the Consumer is using the Crypto Voucher in violation of the law or in violation of the provisions of the GTCs and the Agreement;
b. Crypto Voucher was acquired in violation of the law;
c. the Crypto Voucher validity time has expired pursuant to clause 3.11 of these GTCs.
- The Crypto Voucher cannot be used to purchase another Crypto Voucher. Crypto Voucher cannot be changed for money in the form of an officially recognised (current) currency.
- Crypto Voucher cannot be used to purchase goods and services.
- Crypto Voucher cannot be restricted or blocked by the Consumer until the Provider has granted its consent to the same.
- The Provider reserves the right to temporarily or permanently restrict the Crypto Voucher purchased by the Consumer if:
- WITHDRAWAL FROM THE AGREEMENT
- If the Agreement has been entered into through distance communication means, i.e. through the Website, you may withdraw from the Agreement within 14 (in words: fourteen) days of the delivery of the Crypto Voucher pursuant to clause 3.11 of these GTCs. However, the right to withdraw from the Agreement applies solely to the purchase of the Crypto Voucher and only if the Crypto Voucher has not been redeemed in the form of a Conversion.
- If you are interested in executing a Conversion during the withdrawal period pursuant to clause 5.1, from the moment you grant your explicit consent to the execution of the Conversion before the expiry of the withdrawal period, you lose the right to withdraw from the Agreement.
- If we fail to satisfy the terms and conditions of clauses 5.1 and 5.2 of these GTCs, you have the right to withdraw from the Agreement as granted to you by the applicable law, i.e. within 14 (in words: fourteen) days of the entering into of the Agreement, you have the right to withdraw from the Agreement by using the Agreement withdrawal form or by e-mail at: [email protected], and we must refund the entire Nominal Value of the Crypto Voucher to you.
- The right to withdraw from the Agreement does not apply to the Consumers outside the European Union.
- LIABILITY OF THE PROVIDER
- We strive to ensure continuous provision of services on the Website and their uninterrupted availability. Our servers meet the highest standards of security and serviceability to make these services available whenever you need them. However, we will not be liable for the failures that we cannot influence in cases of objective and unavoidable technical obstacles or other facts that make it impossible for us to perform. However, we use our best efforts to promptly resolve any existing obstacles.
- We also reserve the right to be not liable for any damage or harm suffered as a result of any interruption or termination of provision of the services.
- All services related to the possession of the Crypto Voucher and its Conversion will always be properly provided. However, our company has the right to terminate its business, provision of services and operation of the Website or its part at any time and to not enter into new Agreements with further Consumers.
- For your safety, all data stored on our servers is backed up. The Provider is not liable for the loss, damage or removal of any information, records, visual recordings, data, communications or any other information entered by the Consumer into its Account if this consequence was caused by the Consumer, for example by an ill-judged deletion of data or intentionally.
- We are also not liable for the consequences caused by force majeure, which may consist in the following events:
a. protests, strikes, power outages, fire, interruption of Internet connection, cataclysm, armed conflict;
b. terrorist attack and the related circumstances;
c. damage to the Provider’s registered office or business premises causing its inability to provide services;
d. unavailability of services related to the availability of the Cryptocurrency market or Conversion services;
e. unavailability of services or their parts within a particular Cryptocurrency market due to the application of specific measures that make it impossible to execute a Conversion;
f. unavailability of telecommunications services or Internet connection due to an obstacle on the part of their provider;
g. obstacles due to a failure of IT systems creating an obstacle in the provision of the Provider’s services.
- The Provider is liable for the performance of the Agreement and these GTCs to the extent stipulated in them.
- The Provider is not liable for cases in which its liability is excluded by virtue of law, the Agreement or the GTCs.
- The Provider is not liable for the loss, destruction or misuse of the Crypto Voucher by an unauthorised person or for any financial, property and any other damage caused to the persons concerned in cases where this occurred outside the Provider’s control.
- CLAIM AND COMPLAINTS
- Our company is making every effort to satisfy our Consumers. If there is a failure in the provision of our services or any defect, for example when the Crypto Voucher is redeemed, you can file a claim and send it to our e-mail address: [email protected]
- We will deal with your claim and resolve it within 30 (in words: thirty) days of its receipt. If your complaint is not resolved within this deadline, you have the right to a refund, provided that the complaint relates to a financial value so specified.
- The Consumer may contact the Provider with a request for remedy if the Consumer is not satisfied with the manner in which the Provider resolved the Consumer’s Claim or if the Consumer believes that the Provider violated his/her rights. The Consumer may submit an application for an alternative dispute resolution with an alternative dispute resolution entity if the Provider rejected its request under the preceding sentence or failed to respond to the request within 30 (in words: thirty) days of the date of its dispatch. The Consumer submits the application with the relevant alternative dispute resolution entity, without prejudice to the Consumer’s right to refer the dispute to a court.
- The application may also be submitted through the Platform for Alternative Resolution of Consumer Disputes available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
- We accept any suggestions, complaints and claims from our customers at our mailing address specified in the heading of these GTCs and at the e-mail address [email protected]
Warning Disclaimer. Cryptocurrencies are holding many risks such as:
- Risk of depreciation in value & volatility. Cryptographic digital information stored in blockchain are not regulated and can experience high volatility in price as well as decline their value to zero.
- Market, technology, community. Since cryptographic digital information are generally not governed or regulated there is risks of soft/hard forks, changing in technologies, possible hacks, cryptocurrency splits and other consequences of technological changes. Fintegence does not hold any responsibility for those risks as they're beyond control of Fintegence and they depend on all market participants. By using services provided by Fintegence, Consumer understand and accepts those risks.
- COMMUNICATION, NOTICES AND DELIVERY
- The Parties agree that in the case of delivery of mutual correspondence, delivery under these GTCs means delivery of a written content to the e-mail address [email protected] or by registered mail or courier to: Fintegence, s.r.o., Palárikova 76, 022 04, Čadca. The date of delivery also means the date on which a Party refuses to accept the document being delivered or the day of return of the parcel containing the words “the addressee has not taken over the delivery within the take-over deadline”, “the addressee has moved”, “the addressee is unknown” or any other note of similar meaning. In the case of electronic delivery of documents by e-mail, a document is deemed to have been delivered on the day following the day on which it was dispatched. For the purposes of delivery by mail, the addresses of the Parties specified in the Agreement (Order) or the electronic order form will be used, unless the addressee of the documents notified the dispatching Party of a new address of its residence or a new e-mail address for delivery of documents.
- RESOLUTION OF DISPUTES AND JURISDICTION OF COURTS
- The Parties agree that any disputes arising in connection with the fulfilment of obligations under the Agreement will be preferably resolved out of court by negotiation or by mutual agreement. Should the Parties fail to resolve their disputes out of court, the Parties may resolve such disputes through the courts in accordance with the applicable laws of the Slovak Republic. The local jurisdiction of the court is given in accordance with Act No. 160/2015 Coll., the Code of Civil Contentious Procedure, as amended.
- CHANGES TO THE GTCs
We reserve the right to change these GTCs at any time during the term of the Agreement or the use of the Services. This change can usually take place for the following reasons:
a. a change in the laws related to our services requiring a change to the GTCs;
b. issue of case law, recommendations, opinions and other documents relevant for the provision of our services by the competent authorities;
c. if we add new products and services that, for technical reasons, may change the function and the way we perform our services.
- We reserve the right to change these GTCs at any time during the term of the Agreement or the use of the Services. This change can usually take place for the following reasons:
- SUPERVISION AUTHORITY
The Provider's supervision authority is:
Inspectorate of the Slovak Trade Inspection for the Žilina Region (Inšpektorát SOI pre Žilinský kraj)
Supervision Department and Legal Department
P. O. BOX B – 89
011 79 Žilina 1
Place: Čadca, Slovak Republic
Date: 24 July 2019
(FILL IN AND SEND THIS FORM ONLY IF YOU WISH TO WITHDRAW FROMTHE AGREEMENT)
022 04 Čadca
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)|