Términos y Condiciones
Terms of Service
Last modified: 16/11/2020
For more information on the Company, you can refer to the Contact Us section of the Platform or the Contact Us section of these Terms of Service.
These Terms of Service, all its annexes, documents, material and information incorporated here as reference (the “Terms of Service”), constitute an agreement between the Company and any person who accesses and/or uses the Platform and/or any of the services offered by the Company through it. These Terms of Service describe the rights and obligations of the Company and the Users, and establish the conditions to use of the Platform and the services.
The Company reserves the right to modify or change the terms and conditions of these Terms of Service at any time and at its sole discretion. If you do not agree to the updated Terms of Service, you must stop using the Services. The Company will provide appropriate notice of the updated terms – if you do not agree to the updated terms, the Company will provide you with the opportunity to terminate your account and relationship with the Company.
Any and all modifications or changes to the Terms of Service will be effective immediately upon being announced on the Platform or released to users. As such, your continued use of the Services acts as acceptance of the amended Terms of Service.
By accessing the Platform and/or using the Services, you have affirmed that you are an individual of -at least- 18 years old, with full legal capacity to enter into these Terms of Service between you and the Company, and that you are not prevented from using the services by the applicable legislation.
The User can only access the Platform and use the Services on their own behalf and on their own name. Platform access and use of the Services on behalf of third parties is forbidden.
If you are registering to use the Services as a legal entity, you warrant that such legal entity is duly incorporated/established and in good standing under the applicable laws of the jurisdiction of its incorporation and the representative of such registered legal entity is duly authorized by the former to act on its behalf.
By accessing and using the Platform and any of its Services, you acknowledge, declare and guarantee that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List and/or its equivalent and that you are not a person linked to the United States of America.
A person linked to the United States of America shall be understood as: (a) a United States of America’s citizen, (b) United States of America’s resident, meaning (i) “Green card” titular, or (ii) Someone who is physically present in the United States for 31 days in the current calendar year, and 183 days in three (3) years’ period including the current year, and two (2) years immediately before this, counting: (I) all the days present in the United States in the current year, (II) 1/3 of the days present in the United States, in the first year before the current year, and (III) 1/6 of the days present in the United States, in the second year before the current year; or (iii) a person who could be considered a resident for tax purposes in the United States; or (iv) a person with a United States mailing address or a United States telephone number; (c) A society, partnership or an organized corporate entity or existing, according any State territory or possession of the United States’ laws. (d) An estate or trust which any executor, administrator or trustee is a US person; (e) an agency or a foreign entity’s branch located in the united states (f) a discretionary or non-discretionary account provide for a fiduciary for the benefit or a United States person’s account (g) an association, partnership, corporation or entity that does not belong to the United States but is owned or controlled by a United States person; (h) a company, corporation or entity with a United States postal address, or a United States telephone number.
Users further represent and warrant that they have not been previously suspended from using the Platform or the Services and have full legal capacity to enter into the Terms of Service and that, by doing so, will not violate any agreement to which they could be a party, that they are not subject to any freezing order or other interdiction or restriction of any kind under applicable law entering into transactions or owning and disposing of assets. Users will not use the Platform or the Services in breach of any applicable laws in their country of residence or incorporation.
The use of the Services may be subject to a process of validation of the identity of the Users performed by the Company (or by a third party provider of those services). The Company reserves the right to not provide Services to the User or to disable access to the Platform or the Services if deemed convenient and/or necessary pursuant to applicable laws and regulations, or when it is reasonable, to its exclusive criteria and without prior notice. It is possible that the Company asks the User to send additional information to the one indicated on the Platform, to provide other records and all types of documentation and even to hold personal meetings with their representatives. The cost of this advanced validation process will be borne by the User.
The refusal of the User to provide the requested additional information or to attend meetings and answer the questions made by the representatives of the Company will grant the Company the right to suspend, restrict or cancel the access to the Platform and the Services.
Users should register an account at the Platform to access the Services. Users will be required to provide an email address and set up a personal password.
In order to continue with the registration process, Users must first verify the email address that they have submitted upon creating their account. Provided the email is verified, Users will be required to provide additional identification information. Before opening an account, you will be required to read and accept the Privacy Notice and these Terms of Service. Depending on certain conditions, your application may be rejected and, therefore, you may not be allowed to use the Platform and the Services.
The Company does not guarantee that any person who completes the registration process will be admitted as a User and undertakes no liability in case the application to become a User is rejected.
Platform’s use and access responsibility.
Users are responsible for all activities carried out in the Platform through the access to their account and the use of the Services, even if they are not aware of these, and agree to hold the Company harmless for any damages and/or claim derived from it.
Users shall be solely responsible for the safekeeping of their account information and password. Users are responsible for all activities including their log-in email, account and password. Users agree to notify the Company immediately if they are aware of any unauthorized use of their account and/or password by any person and will strictly observe the security, authentication, and any other mechanism or procedures established in the Platform.
Non-compliance with the Terms
The Company will have the right to cancel, suspend or restrict the access to its platform or services, and to take any other action it deems appropriate, in the event that the User does not meet the requirements referred in this Terms of Service or that stops fulfilling them. Under no circumstances, the company will be responsible for damages of any kind that the User or any third party related in any way to him/her may suffer as a result of cancellation, suspension or restriction to the access to the platform or the service as a consequence of the lack of compliance with the requirements stated in the previous section.
Electronic devices and third party participation
The Services are provided by the Company exclusively through the Platform which the User should access through the use of electronic devices and involve the participation of third party providers of complementary services such as, for example, service provided by automated data processing, payment processing and identity verification.
Description of the Services
Purchase of Digital Assets
The Services allow Users to purchase certain types of digital assets and virtual currencies listed by the Company (the “Digital Assets”) through the use of the Platform.
Users may purchase Digital Assets on the Platform at the price shown at the Platform when the confirmation of the purchase order is required.
Users must register and open an account within the Platform prior to entering a purchase order of Digital Assets.
The identification data of the User’s wallet to which the purchased Digital Assets will be transferred, must be provided by the User to the Company through the Platform or will be provided by the third party that links the User with the Platform. The wallet to which the Digital Assets are transferred must be owned and used exclusively by the User. Users guarantee that the identification of the wallet provided to the Company is true, accurate and complete and that it corresponds to a compatible wallet for the receipt of the purchased Digital Asset.
The Company is not responsible for the incorrect identification information of the wallet provided by the Users or by third parties. Users acknowledge that the Company does not have any type of control, obligation or liability with respect to the custody of their wallets, private or access codes, or any issues related to the Users’ wallet. Users acknowledge that transfers of Digital Assets to their wallets are irreversible by the Company.
Users acknowledge that there may be delays between the time in which a purchase order is placed at the Platform and the transfer of the Digital Assets is performed by the Company, due to processing issues related to the blockchain protocol. The Company shall not be liable for such delays or any damage suffered by Users as a consequence thereof.
Acceptance of purchase orders
Purchase orders placed by the User at the Platform will not be considered perfected nor will generate any type of responsibility or obligation in charge of the Company until the Company accepts them and the total amount of money necessary to comply with those has been received by the Company and it is available. The execution by the Company of the purchase orders given by the User will imply Company’s acceptance.
Provision of funds
The only authorized and valid methods for the Users to provide funds to the Company for the payment of their purchase orders is by the authorized methods and third party payment processors enabled at the Platform.
The Company will not accept -nor consider affected to the payment of any purchase order– deposits or transfers of any amount of money made by the Users by any other method different than those enabled at the Platform. Neither will the Company accept or consider affected to the payment of purchase orders bank deposits or transfers to other collection bank accounts of the Company that have not been made within the framework of the procedures established in the Platform. In both cases, the Company will proceed to return the funds to the User, at their sole expense, and in no case shall it be understood that the deposit or transfer of funds constitutes a payment of any nature.
Users should be aware that provision of funds through a third party payment processor for the payment of purchase orders may not be credited immediately in the Platform. This process may take 15 working days in exceptional cases.
Sale of Digital Assets
The Services allow Users to sell certain types of Digital Assets through the use of the Platform.
Users may sell Digital Assets on the Platform at the price shown at the Platform when the confirmation of the sell order is required.
Users must register and open an account within the Platform prior to entering a sell order of Digital Assets.
The identification data of the User’s bank account to which the payment of the sold Digital Assets will be transferred, must be provided by the User to the Company through the Platform or will be provided by the third party that links the User with the Platform. The bank account to which the payment of the sale of the Digital Assets will be transferred must be owned and used exclusively by the User. Users guarantee that the identification of the bank account provided to the Company is true, accurate and complete.
The Company is not responsible for the incorrect identification information of the bank account provided by the Users or by third parties.
Users acknowledge that there may be delays between the time in which a sell order is placed at the Platform and the payment of the transaction is performed by the Company due to processing issues related to the blockchain protocol and banking operations. The Company shall not be liable for such delays or any damage suffered by Users as a consequence thereof.
Acceptance of sell orders
Sell orders placed by the User at the Platform will not be considered perfected nor will generate any type of responsibility or obligation in charge of the Company until the Company accepts them and the total amount of money necessary to comply with those has been received by the Company and it is available. The execution by the Company of the sell orders given by the User will imply Company’s acceptance.
The Company reserves the right to reject any sell order at its sole discretion.
The Company and/or its controlling companies, affiliated or subsidiary companies, are the owner of all intellectual, authorship and industrial rights with respect to the platform, domain, software, hardware, logos, logos, emblems, designs, information and content. Users do not have any rights regarding those.
The brand names relating to the Website and any other trademarks, service marks and/or trade names used by us either on our own behalf from time to time (the “Trade Marks”) are owned by the Company, or our licensors. In addition to the rights in the Trade Marks, we and/or our licensors own the rights in all other content of the Website (the “Content”). By using the Website and/or the Services you shall not obtain any rights in the Trade Marks or the Content and you may use the Trade Marks and Content in accordance with the Terms of Service only.
You shall be held liable for any loss, including direct and indirect damages, costs or expenses, we may suffer as a result of your Prohibited Deeds. You agree to immediately notify us if you commit any Prohibited Deeds or if you have the knowledge of any third party committing any Prohibited Deeds. You agree to provide us with reasonable assistance with any inquiry investigation we may conduct as a result of the information provided by you in this respect.
Beware of Viruses and Phishing. You understand and bear the risk that any use of the internet may be subject to a virus attack and/or communication failure. You should use a reputable and available virus screening and prevention software at all times. The Company shall not bear any liability, whatsoever, for any damage or interruptions caused by computer viruses, spyware, Trojan horses, worms or other malware that may affect your systems, computer or other equipment, or any phishing, spoofing or other virus attacks. The Company cautions you to carefully review any electronic messages purporting to originate from the Company, and to beware that electronic devices are vulnerable to phishing and spoofing scams and additional viruses. The Company maintains that you should always log into your Account through the Website only and avoid using unauthentic communication advising you options to log in.
Account Termination or Suspension
Users understand that, at any time, the Company will be entitled to restrict, suspend or terminate their account, the Platform and the Services, as well as to terminate the Terms of Service; deny or restrict access to the Platform including its content or tools, delay or remove hosted content, and take technical and legal measures; deny processing any transaction; cancel or reverse any transaction or pending transaction, even if funds have been debited from your payment method.
Users expressly agree that their use of the services and the platform is at their own risk.
The company services are provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied (whether by law, statute or otherwise). Including but not limited to any implied warranties of quality, suitability or adequacy, title, merchantability, fitness for a particular purpose and/or any non-infringement (whether under applicable law or otherwise) with respect to the services.
The company does not make any representations or warranties, express or implied, that your access to the company services and/or any part or materials made available therein, will be accurate, free of error, complete, uninterrupted, continuous, or that any defects will be corrected, and/or the software or the server associated with the company services are free of viruses and bugs. In addition, the company also makes no representation concerning the full or partial functionality, accuracy, or reliability of any results, information or materials obtained by users through the company services. Users bear the entire risk as to the use, quality, and performance of the company services.
In addition, the company makes no warranties, representations or guarantees regarding the time required to complete processing any transactions involving the use of your electronic debit or credit card or bank accounts details, which are dependent upon many factors beyond the company’s control.
The company makes no warranties about the validity, authenticity, quality, suitability, or otherwise, about any digital currency users receive through the platform.
Limitation of Liability
Users understand that, at any time, the Company will be entitled to restrict, To the maximum extent permitted by applicable law, in no event will the company, its affiliates, licensors and/or service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, be liable or assume any obligation whatsoever to you or anyone on your behalf, regardless of the form of action, for any direct, indirect, special, incidental, intangible, or consequential damages or loss of any kind, including without limitation, loss of business, loss of profits,loss of revenue, loss of data, loss of contracts or loss of anticipated savings; and./or any loss or any damage, arising from your use of company services – whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or relating to your authorized or unauthorized use of the company services.
The company shall not be liable for any acts or omissions made by your internet service provider or other third party with whom you have contracted to gain access to the server that hosts the site.
The company shall not be liable for any acts or omissions made by any registered user, including those registered users with whom you exchange your digital currency.
You agree that you are free to choose whether to use the company services and do so at your sole option, discretion and risk.
You confirm that the company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the company services.
You confirm that in the event that the company services fails to operate correctly for any reason whatsoever, the company will not be responsible for any loss which you incur, including any loss of profits that may result.
Account username and password. The company has no obligation to maintain your account username or password. The company shall not be liable if you misplace, forget or lose your account username or password because of anything other than the company’s negligence.
Transfer of digital currency and fiat money. We shall not be liable to you in anyway whatsoever for the transfer of any and all digital currency if you provide us with any incorrect and/or incomplete, public key, and/or virtual wallet address details. In addition, we shall not be liable to you in any way whatsoever for the transfer of any and all fiat money if you provide us and/or the custodian, as applicable, with any incorrect and/or incomplete payment details.
Third Party Websites
The Website and/or Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us (collectively and individually “Third Party Websites“).
These Third Party Websites may have their own terms and conditions of use and privacy policies and your use of these Third Party Websites will be governed by and subject to such terms and conditions and privacy policies. You must ensure that you have read, understood and agreed to all of the terms and conditions, policies and guidelines of the Third Party Websites.
Users understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, opinions, advice, statements, prices, advertisement, or any other content of any of the Third Party Websites or for any transaction you may enter into with the provider of any such Third Party Websites..
Users understand and accept that the Services, as well as any other information obtained from the Company, are not directed, designed or in any way oriented to provide any type of financial advice or investment or purchase advice of any kind.
Company does not provide financial advice. The Company does not provide any investment advice, recommendation, or guidance, whether in connection with the Services or otherwise. The Company may provide information on the price, range, volatility of Digital Asset and events that have affected the price of Digital Asset, but this is not considered investment advice and should not be construed as such. No communication between the Company and the Users should be considered any form of investment advice. Any decision to purchase or sell Digital Assets is an exclusive decision of the Users, at their own risk, and the Company will not be liable for any loss suffered.
The Company reserves the right to engage with Market Makers and to provide its Services to Market Makers.
An inherent risk exists that losses will occur as a result of buying, selling or trading anything on a market. You may increase or lose value in your assets at any time due to price volatility, especially in the crypto-currency market, and the potential loss in trading or holding digital currencies can be substantial.
We do not guarantee that any digital currency will currently or in the future maintain a certain value or market liquidity, and you understand that the current value or price of digital currency can drop as low as zero at any point. You acknowledge that we also do not guarantee that you will be able to sell the digital currency to any third party.
Historically, currency, and fiat money in particular, have been backed by banks and government entities, or backed up by commodities, such as silver or gold. However, digital currency is not regulated by any central bank or other government authority. Instead, digital currency is backed by technology and trust, and currently, there is no bank or government regulator that can take measures to protect the value of the digital currency in a crisis, issue more currency, or balance the price fluctuations.
Digital currency is based on blockchain technologies, a digital, decentralized and partially anonymous system that relies on peer-to-peer networking, which could collapse at any given moment, and cryptography to maintain its integrity. This system has been the subject of scrutiny by various regulatory bodies around the world. The functioning of the website and the services could be impacted by one or more regulatory inquiries or actions, including, without limitation, the licensing of or restrictions on the use, sale, or possession of digital tokens like the tokens, which could impede, limit or end the services or your ability to trade the digital currency at any point. Regulatory changes could have negative and material impact that could result in the digital currency having little or no value whatsoever.
Digital currency, when transferred, will be controllable only by the possessor of unique private keys relating to the addresses in which the digital currency is held. The theft, loss or destructions of a private key required to access digital currency is irreversible, and because the company does not have access to those private keys, such private keys cannot be restored by the company, and the company will not be responsible for client’s loss of access to its personal virtual wallet. Also, due to the nature of digital currency, any technological difficulties experienced by the company could potentially prevent the access or use of a client’s digital currency.
Certain regulators in certain jurisdictions may view certain types of digital currency as securities, and as such, clients in these jurisdictions may not have the ability to trade their digital currency because trading of digital currency that is deemed as securities, may be restricted, partially or completely in some jurisdictions. It is your responsibility to ensure your compliance with the applicable laws of your jurisdiction.
The exchange of digital currency is considered a risky transaction with highly speculative outcomes. Markets for digital currency have varying degrees of liquidity. Some are quite liquid while others may be thinner or illiquid. The company does not guarantee any profit from trading or any other activity associated with the site. In light of the risks above mentioned, which are not a comprehensive list, you should carefully consider if holding digital currency is suitable for you depending on your financial circumstances.
Users agree to hold harmless, defend and indemnify the Company, its affiliates, its parent companies, and subsidiaries, and each of our or their respective officers, directors, agents, employees, representatives, and permitted assignees against any and all any losses, damages, costs, liabilities and expenses that have been reasonably incurred in connection with any claims or damages arising out of or related to your breach and our enforcement of these Terms of Service. This shall also apply to Users violation of any applicable law, regulation, or rights of any third party during your use of the Services.
The Company will not be responsible for any breach, loss, delay, suspension, failure or impossibility in the provision of services and / or in compliance with these terms on the occasion of any event that could be considered as a product of fortuitous event, force majeure or the fact of a third party for whom you should not respond. It should be understood as cases of fortuitous event, force majeure or acts of a third party, without limitation or exclusion of others to: government restrictions or regulations, embargoes, informatic or cybernetics attacks of any kind, robbery, theft, any type of fraud, acts of terrorism, wars, riots, strikes, labor or industrial disputes of any kind, fires, explosions, earthquakes, floods, accidents, acts of sabotage, environmental disturbances, unusually severe weather conditions, telecommunications failure, power failure, Internet connection interruptions, breaches in linked service providers, or any other cause that could not have been foreseen or that could not be avoided.
Likewise, they will not be attributable to the Company and Users exempt it from any responsibility regarding any type of factual or legal situation that could affect the banking entities where the collection bank accounts are open and where the funds were transferred for compliance with the payment management instructions issued to the Company and that implied the temporary or permanent impossibility to dispose, use, extract, turn or operate, either partially or totally, with these.
acknowledge and warrant that you are entering into an agreement with the Company with the intention of using the Services at your own risk. You confirm that you are aware that the risk of loss in trading or holding Digital Assets can be substantial. The price volatility of Digital Assets is outside the Company’s control. Any profit or loss arising as a result of a fluctuation in the value of the respective Digital Assets will be entirely for your account and risk. The Company shall not be responsible for any losses incurred by you as a consequence of your own trading decisions in respect of Digital Assets.
Compliance with Local Laws
It is the responsibility of the User to abide by local laws in relation to the legal usage of the Services in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All Users of the Services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. The Company reserves the right to request a proof of source of wealth or source of funds from any of its registered Users, both personal and institutional. The Company maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of Users which are flagged out or investigated by legal mandate.
Users are exclusively liable for any and all tax obligations (either national, provincial or municipal) which may apply to the use of the Services in its local jurisdiction, including without limitation any withholding, collection, reporting and remittance to the appropriate tax authorities. The Company shall not be liable for any breach or non-compliance by Users on their tax obligations, under the legislation in force.
The Company reserves the right to deduct any taxes, banking costs and/or any other commissions which may apply to any transaction, from the funds received by Users.
If the Company determines that any law has made it unlawful, or that any governmental authority of the applicable jurisdiction has asserted that it is unlawful for the Company to provide the Services, or any governmental authority of the applicable jurisdiction has imposed material restrictions on the authority of the Company to provide the Services, then, the Company at its sole discretion will be able to suspend or terminate the provision of the Services until the Company determines at it sole discretion that the circumstances giving rise to such determination no longer exist. The Company will notify any of these circumstances to the Users and the Users will be able to withdraw their balance on the account, as long as it is permitted under applicable law.
The Services have an indeterminate duration. Nevertheless, Users agree that the Company may finish, suspend or interrupt the provision of services unilaterally, discretionary and without expressing any cause. In the event Users incur in any type of breach regarding the conditions of use and obligations set forth in this Terms of Service, the Company may terminate the provision of Services.
Assignment of contract
The User won’t be able to transfer, delegate to a third party, encumber, or dispose in any way of the rights and obligations linked or derived from the use of the platform, the services or these terms or his/her contractual position. The Company will be able to assign, transfer, delegate or dispose of the rights and derivated obligations from these terms or the contractual position, in any form. Likewise, the User is forbidden from reselling the services of the Company to third parties.
The User constitutes his/her address for the purposes of this contract in the one he registered in the validation procedure of his identity established in the platform. The Company and the User accept that all notifications sent to said addresses will be valid.
If Users wish to ask any question related to the Services or the Platform, may contact the Company by writing an email to email@example.com
No waiver by any party of any breach of these Terms of Service or any delay or omission by any party in enforcing the terms of these Terms of Service shall prejudice their rights or operate as a waiver of any subsequent or continuing breach.
If any provision of these Terms of Service is or becomes illegal or invalid, that provision will be deemed deleted from these Terms of Service and the remaining provisions shall continue in force.
Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of or in connection with these Terms of Service or the conditions contained herein shall be governed by and construed in accordance with the laws of Estonia.