GENERAL TERMS AND CONDITIONS FOR CRYPTO VOUCHER SERVICES

  1. INTRODUCTORY PROVISIONS
    1. 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”).
    2. 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.
    3. 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
    4. Provider provides following services to Clients under these GTCs:
      1. Custody
      2. Transfer
      3. Coversion; and
      4. Sale of Crypto Voucher and associated service under clause 8
        (together the “Services” and each of them separately also as the “Service”).
  2. DEFINITIONS AND INTERPRETATIONS
    1. Capitalized terms used in these GTCs shall have the following meaning:
      1. Account means Website’s Client interface (virtual personal profile of Client on Website) enabling Client to use individual functions and Services on Website.
      2. AML Act means the Act No. 297/2008 Coll. on protection against money laundering and terrorist financing and on the amendment to certain acts.
      3. 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.
      4. AML Laws means AML Act and any other applicable laws regulating the money laundering, terrorism financing, bribery, corruption, tax evasion, fraud etc.
      5. 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.
      6. Client has the meaning given in clause 3.2.
      7. Code has the meaning given in clause 8.3.
      8. 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.
      9. Conversion has the meaning given in clause 7.1.
      10. 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;
      11. Custody has the meaning given in clause 5.2.
      12. CV Order has the meaning given in clause 8.1.
      13. Designated FIAT Currency has the meaning given in clause 7.8.
      14. Distributor has the meaning given in clause 9.1.
      15. Documentation means together GTCs, Privacy Notice and Order Execution Policy.
      16. Effective Date has the meaning given in clause 18.1.
      17. Execution Time has the meaning given in clause 7.3.
      18. Fees means all the fees imposed by Provider for the provision of Services to Clients.
      19. FIAT Currency means any government-issued currency accepted by Provider on Website.
      20. 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.
      21. GTCs has the meaning given in clause 1.1.
      22. List of Fees has the meaning given in clause 12.1.
      23. 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.
      24. Nominal Value means the nominal value of a Crypto Voucher as determined by Client on Website and that represent purchase price for Crypto Voucher.
      25. 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.
      26. Privacy Notice means the privacy policy of Provider available online here: https://cryptovoucher.io/cookies-policy
      27. Provider has the meaning given in clause 1.1.
      28. Register has the meaning given in clause 5.4.
      29. Service and Services has the meaning given in clause 1.4.
      30. Statement of position has the meaning given in clause 5.7.
      31. Transfer has the meaning given in clause 6.1.
      32. Transfer Fee has the meaning given in clause 6.2.2.
      33. Validity Period has the meaning given in clause 8.7.
      34. Visitor has the meaning given in clause 3.1.
      35. Wallet means a digital wallet operated by Provider on which Client’s crypto-assets are stored and registered.
      36. Website has the meaning given in clause 1.3.
    2. When interpreting these GTCs, the following interpretation rules shall be used:
      1. 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;
      2. 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;
      3. 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;
      4. headings of clauses are for convenience only and shall not affect interpretation of these GTCs;
      5. 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);
      6. 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);
      7. 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
      8. 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.
  3. REGISTRATION AND ACCOUNT
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
  4. PROVIDER’S AML OBLIGATIONS AND PRECONDITIONS TO USE OF SERVICES
    1. 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.
    2. Client is entitled to use any Services only after a positive result of AML Check.
    3. 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.
    4. 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.
    5. Provider may carry out verification of Client’s identity also via automated software solutions or external providers.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. The cooperation of Client in the process of AML Check is a necessary prerequisite for the provision of Services to Client.
    11. 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.
    12. 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.
  5. WALLET AND CUSTODY
    1. Upon creation of Account Provider creates a separate Wallet associated to such Account.
    2. In relation to Wallet Provider provides to Client the service of safekeeping and custody of crypto-assets stored on Wallet (the “Custody”).
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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:
      1. the crypto-assets concerned,
      2. their balance,
      3. their value, and
      4. the transfer of crypto-assets made during the period concerned.
    8. In case of any operation on crypto-assets that requires a response from Client, Provider will provide Client with the respective information.
    9. 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.
  6. TRANSFER OF CRYPTO-ASSETS
    1. 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”).
    2. Provider will process any Client’s order for execution of Transfer only if the following preconditions are met:
      1. Client will provide and insert on Website the correct and existing distributed ledger address to where crypto-assets should be sent; and
      2. 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”).
    3. 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.
  7. CONVERSION
    1. 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”).
    2. Provider executes Conversion in the following forms:
      1. 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
      2. via the conclusion of agreements, on behalf of clients, to purchase or sell one or more crypto-assets.
    3. In case of Conversion request consisting in purchase of crypto-assets for FIAT Currency Client may use the payment methods