XFINANCES OU , a company registered at Harju maakond, Tallinn, Mustamäe linnaosa, Vinkli tn 13-22, 12618 regulated by Financial Intelligence Unit with license number FVT000076
MAKE SURE YOU READ THE FOLLOWING TERMS & CONDITIONS BEFORE USING
THE SERVICES PROVIDED BY US.
1. INTRODUCTION AND YOUR ACCEPTANCE OF THE TERMS & CONDITIONS
1.1. In these Terms & Conditions, "you", "your" and "Client" means the person who uses the Website,
the Platform or the Services.
collect and use your personal information.
1.3. When you use the Services via the website located at www.isunext.com or its related mobile
application (collectively and individually the "Website"), the Terms & Conditions will apply to you.
1.4. By registering with us and/or by using or accessing the Website, Services or Platform (as such
terms are defined herein), you agree to the Terms & Conditions. The Terms & Conditions are an actual
agreement between you and us, and apply to any use of the Website, Services and/or Platform. In case
you do not agree to any of the provisions of the Terms & Conditions, you should instantly stop using
the Website, Services and Platform.
2. AMENDMENTS TO THE TERMS & CONDITIONS
2.1 These Terms & Conditions may be amended, modified, updated or changed for various reasons,
including without limitation legal and regulatory changes, security issues or changes to the Services.
2.2 If it is not otherwise specified in the Terms & Conditions, we will notify you of any such
amendment, modification, update or change by publishing a new version of the Terms & Conditions on
the relevant page of the Website, or by email, at our sole discretion. Unless otherwise specified in the
Terms & Conditions, any new version of the Terms & Conditions will take effect 14 (fourteen) days
after its publication on the Website (or earlier if required by any law, regulation or directive applying to
either us or you). If you keep using the Services after this period, this will be considered your
acceptance of the said new version of the Terms & Conditions.
2.3 We recommend you check for updates to the Terms & Conditions on a regular basis.
3.1 The company might ask you provide, either on registration of your account or at any time
thereafter, your personal information, including but not limited to your name, address, telephone
number, electronic mail address and date of birth, as well as your source of funds, financial standing
and occupation. Such details may be verified periodically by asking you to provide certain documents.
These documents could include a government issued identity card, proof of address resulting from a
utility bill, and proof of your payment method.
The company may also ask for information in relation to our anti-money laundering ("AML") and
know your client ("KYC") obligations. We may also request you to notarize, to your own expense,
copies of such documents. If our internal security checks lead us to suspect such documents have been
tampered with, or are in any way proven to be misleading or misrepresenting, we are not under any
obligation to accept such documents as valid or to provide feedback on the exact nature of our findings
concerning these documents. In addition, we may also ask you to attend a video call to verify your
identity. The company reserves the right to terminate your account and these Terms & Conditions, if
such documents or verification provide a negative or uncertain conclusion or we suspect you are under
the age of 18.
3.2 We reserve the right to perform further background checks on you and request any relevant
documentation from you or any third party for any reason, and for that purpose you hereby authorise us
to, directly or indirectly (through third parties), ask any questions we consider necessary to check the
relevance and accuracy of the documents and information provided for verification purposes..
4. THE SERVICES
4.1 On our website you can either buy from us or sell to us Bitcoin, Litecoin and/or other virtual
currencies available from time to time (collectively and individually the "Cryptocurrency"), in
consideration for either FIAT Currency (as defined in Section 4.6 below) or other Cryptocurrency. You
will also be able to store your cryptocurrencies in a cryptocurrency wallet we offer (the "Services").
4.2 The rate we use to sell or buy Cryptocurrency will be determined according to Section 5 below.
4.3 Your use of the Services is conditioned by us completing the KYC process to our satisfaction and
storing data on our systems for future use and verification.
4.4 You can find on the website the minimum order size for either Cryptocurrency can be found on the
Website. Any change of this will not be subject to Section 2.2, but will take effect when published on
the Website. If you continue to use the Services afterwards that will be considered acceptance of such
4.5 The fees you will have to pay to us on our sale or purchase of Cryptocurrency can be found on
isunext.com (the "Fees"). Any change in the Fees shall not be subject to Section 2.2, but shall take
effect when published on the Website and you continuing to use the Services will constitute acceptance
of such change.
4.6 Your purchase of Cryptocurrency: following your opening of an account with us, you will be able
to purchase Cryptocurrency from us, in exchange for USD, GBP, EUR or other government-issued
currency, designated as legal tender in the country it was issued in by government decree, regulation, or
law (collectively and individually the "FIAT Currency"). After receiving your payment of FIAT
Currency, according to the provisions of the Terms & Conditions, we will deliver the cryptocurrency
you bought to your virtual wallet address we opened.
4.7 You hereby acknowledge that sometimes, at your discretion, you may access the Platform and use
the Services as a "guest", without opening an account and/or a wallet with us ("Guest Account"). In
such cases, you will only be able to purchase Cryptocurrency from us and instruct us to immediately
deliver the assets to a designated digital wallet address, external to our Platform. Without derogating
from any other provision of the Terms & Conditions, please specifically refer to Section 14.7 for the
limitation on our liability in such circumstances. Due to the occasional nature of the Guest Account,
you acknowledge you will not be assigned access details (e.g. password), so you will not be able to log
in to the account. In case you want full access to transactions made as part of a "Guest Account", please
contact [email protected]
4.8 Your sale of Cryptocurrency: after opening an account and a wallet with us, you will be able to sell
Cryptocurrency to us, in exchange for FIAT Currency. After we receive the Cryptocurrency, according
to the Terms & Conditions, we will transfer to the designated bank account you provided to us the
4.9 You acknowledge and agree that it is at our sole discretion whether to: (a) provide you with the
Services; and/or (b) reverse any of your orders and/or transactions. For instance: in order to provide
liquidity for its users, the company trades cryptocurrencies with other cryptocurrency exchanges. If we
don't have enough liquidity of a certain Cryptocurrency, we may decline or reverse your order for
purchasing said Cryptocurrency.
4.10 We reserve the right to change limits that may apply to the sale of Cryptocurrency to you or the
purchase of Cryptocurrency from you, according to our policies, including those regarding the volume
and our KYC process. These limits may, for example, set by order per day and/or per month.
4.11 We reserve the right to refuse to process, or to cancel or reverse any purchase of Virtual
Currencies from us or sale of Cryptocurrency to us, at our sole discretion (for reasons which comprise
but are not limited to you possessing insufficient FIAT Currency or Cryptocurrency, and/or if our
transfer of Cryptocurrency or FIAT Currency, as the case may be, is not possible) and even after funds
or Cryptocurrency have been debited from your account.
4.12 We reserve the right to suspend, modify, remove or add to the Services at our discretion.
4.13 The company is under no obligation to check whether users are using the Services in accordance
with the updated Terms & Conditions. You acknowledge that the responsibility to ensure that you are
aware of the correct and current provisions of the Terms & Conditions and of any amendments or
updates made thereto is solely yours and that you should regularly check the Terms & Conditions.
4.14 You are forbidden to use the Services or the Website in manners prohibited by any applicable laws
4.15 We may suspend or block your access to the Services and/or the Platform at any time, without
prior notification, including but not only in the following cases: (a) In case of technical failures of the
Platform until they are eliminated, either by replacement or maintenance work being done; (b) we
suspect not you, but a third party is using the account, until such circumstances are clarified; or (c) in
the case of additional verification procedures, within the framework of AML.
5. CRYPTOCURRENCY SALE PRICE
5.1 The company will determine and quote all sale prices of Cryptocurrency in FIAT Currency.
5.2 You hereby understand and agree that any price or rate of Cryptocurrency presented on the Website
at a certain time and used by the company to sell or purchase Cryptocurrency, is only accurate for that
instance. This happens because of the highly volatile nature of the price of Cryptocurrency and the
amount of time needed to finish the transaction. This period of time can vary depending on the payment
method and the third-party payment processors used either by you or by us. The Final Price of your
transaction (the "Final Price") will be the transaction rate appearing on the Website upon Execution and
as stated in the order transaction summary, and from which the Transaction Fee is deducted.
5.3 You understand and agree that the Final Price may be either higher or lower than any other rate
which was previously available on the Website, according to occuring value fluctuation. You agree this
price may change either in your favour or in ours, and that we cannot control such change.
6. REGULATIONS REGARDING THE EXECUTION OF YOUR ORDERS
6.1 Any order you issue to buy Cryptocurrency from us,or to sell Cryptocurrency to us, will have a
pending and not completed status until we receive the funds/Cryptocurrency confirmation (as
applicable) as described below (the "Payment Confirmation" or "Delivery Confirmation", as the case
may be). Such order shall not be binding on us until such Payment Confirmation or Delivery
Confirmation is received by you.
6.1.1 When it comes to FIAT Currency payments made by you to us with a credit/debit card, our
receipt of confirmation of payment will be issued from your credit/debit card company;
6.1.2. In case of FIAT Currency payments made by you to us using any other method (e.g. bank
transfer), the actual receipt of FIAT Currency will be the one in our account.
6.1.3 With respect to delivery of Cryptocurrency made by you to us, the actual receipt of
Cryptocurrency in our designated electronic wallet.
6.2 As soon as reasonably possible after Payment Confirmation or Delivery Confirmation, and subject
to your completion of our KYC process to our satisfaction, we shall execute your order at the Final
Price (the "Execution").
6.3 After the Execution of your purchase order of Cryptocurrency, we shall deliver the relevant
Cryptocurrency to your designated cryptocurrency wallet. Upon Execution of your sale order of
Cryptocurrency, we shall deliver the relevant funds to your account. You should retain that even if we
will try to transfer the Cryptocurrency or the funds (as the case may be) as quick as possible,
sometimes the transfer may linger.
6.4 Upon Execution, we will send you a transaction confirmation, either on the Website, through email
or otherwise, a transaction confirmation, with the Final Price and other details about the Execution (the
"Transaction Confirmation"). You agree the Transaction Confirmation will be final and binding on you.
6.5 In some special circumstances, the company reserves the right to either cancel your order or offer
you a different price for the Services. In case we cancel your order, if we have already received FIAT
Currency from you with regards to such order, we will, according to applicable law and regulation,
return said funds to you after deducting of any cost or expense related to the transfer, including but not
only bank charges, currency exchange charges and/or payment processing charges. In case of any
return of Cryptocurrency received from you before your order has been cancelled, the provisions of this
Section 6.5 will apply.
6.6 You cannot cancel, reverse, or change any transaction or order unless we agree to it. If your
payment to purchase Cryptocurrency from us is not successful or if your payment method has
insufficient funds, you agree that we, at our sole discretion, can: (a) cancel the transaction; (b) only
completel a portion of said transaction; or (c) debit your other payment methods, for any amount is
needed to fulfill the transaction.
7. RESTRICTED TERRITORIES AND LEGAL AGE
7.1 The Services we provide are only meant to be used by individuals who are at least 18 years of age
(and at least the legal age in their jurisdiction).t If you are an individual, you warrant to at least 18 years
old and of legal age in your jurisdiction to form a binding contract, and that all registration information
you submit is true and complete. The company reserves the right to ask you for proof of age and your
account with us could be suspended until such proof is offered.
7.2 You may not use the Services, Platform and/or the Website if you live in or are a resident of a
geographic area in which access to or use of the Services, the Website and/or the Platform is prohibited
by applicable law, decree, regulation, treaty, or administrative act, including without limitation the
following territories: Kuwait, Qatar, Saudi Arabia. Serbia, Turkey, United Arab Emirates, Bahrain,
Bangladesh, Egypt, Ethiopia, Jordan, Lebanon, Libya, Mali, Mauritius, Morocco, Oman, Somalia, Sri
Lanka, Trinidad & Tobago, Tunisia, Afghanistan, Algeria, Indonesia, Malaysia, Nigeria, Democratic
Republic of Korea (North Korea), South Sudan, Sudan, Yemen, Iran, Iraq, Occupied Palestinian
Territories, Pakistan, Syria, Vanuato, Ethnic groups of Caucasus belonging to Russian Federation
(Chechens, Lesgid, Ossetians, Ingushes, etc.) ("Restricted Territories"). Certain partial restrictions may
apply to other geographic areas, and the Restricted Territories list may change at some intervals of time
for reasons such as, but not only, licensing requirements and any other legal and regulatory changes.
7.3 In addition to those specified in Section 7.2, you cannot use the Services where it is prohibited by
law or regulation.
7.4 You understand and accept that we cannot offer you any legal advice or assurances in respect of
your use of the Services and the company makes no representations whatsoever as to the legality of the
Services in your jurisdiction. Be sure to double check the applicable laws in your jurisdiction before
registering with us and using the Services.
8. DETAILS ABOUT YOUR ACCOUNT
8.1 Your account shall be opened, kept and used only for your personal use and will not serve for any
professional, business or commercial purpose. You acknowledge that multiple or linked accounts are
8.2 Your account is the only access to the Website and the Services you may use, you are not allowed to
access the Website or use the Services through another person's account.
8.3 The company can, no matter the moment, retain any amount of Cryptocurrency owed by us to you
against any amount of FIAT Currency owed by you to us, or vice versa, whether in Cryptocurrency or
in FIAT Currency.
8.4 All official communication (requests, notifications and other information addressed to you) shall be
sent to your account, unless we establish a different channel herein. The company is not to be held
responsible for unanswered requests transmitted to us through other means of communication.
8.5 The company will not be responsible for damage and/or loss produced by the unauthorized use of
the Website, Platform and/or Services due to information security system malfunction, unless this
security malfunction was caused by our negligence or wilful misconduct.
8.6 The company will not be responsible if the information relating to the use of the Website, Platform
and/or Services by the Client gets known to a third party after said information has been accessed
through means of communication that are beyond the Company’s control.
9. INTELLECTUAL PROPERTY
9.1 The software connected to the Website (the "Platform"), and all features derived from it, including,
but not only patents, copyrights, design rights, trademarks and any other intellectual property rights in
the Platform, can be installed and used only for your personal and non-commercial use and in
accordance with the Terms & Conditions.
The Platform's code, structure and organization are protected by intellectual property laws. It is
forbidden for anyone to: (a) copy, amend, modify, interfere or tamper with, publish, translate or make
any attempt whatsoever to access the source code to create derivative works of the source code, or
otherwise; (b) sell or lease, sublicense, transfer or distribute the Platform; (c) allow access to the
Platform to any third party through a computer network or other means; (d) export the Platform, either
physically or by electronic means, to any country; or (e) use the Platform in any way that could be
against any applicable laws and regulations (collectively the "Forbidden Practices").
9.2 If you commit any of the Forbidden Practices, you acknowledge you will be held responsible for
any damage, cost or expense we suffer in consequence. After becoming aware of the commission of
any Forbidden Practices, by any person, you shall notify us as soon as reasonably possible. You are
also obliged to reasonably assist us in any investigation we may open after receiving the information
9.3 The company and its licensors own the brand names relating to the Website and any other
trademarks, service marks and/or trade names it uses (the "Trademarks"), including the content of the
Website (the "Content"). By using the Services, clients do not obtain any rights to freely use the
Trademarks or the Website Content, these being used only according to the Terms & Conditions.
10. CLIENT'S REPRESENTATION
You hereby confirm that:
10.1 You are at least 18 years of age and in the legal age for your country of residence or jurisdiction,
you are legally and psychologically capable to decide your own actions and be responsible for them.
10.2 You have full understanding and capacity to agree to these Terms & Conditions.
10.3 We did not previously reject your registration and/or terminated your account on our platform.
10.4 You hereby acknowledge and confirm all information you provided, either during the registration
process or at any time afterwards (including as part using the Services), are accurate, up to date and
complete, match the name(s) on the credit/debit card(s) or other payment accounts usable to transfer or
receive FIAT Currency. Any attempt to use different means of payment will be considered fraudulent.
10.5 If any of the information you provided suffers any changes, you will promptly update those details
through the appropriate section on the Website. Please take into account any such change may
determine immediate initiation of additional KYC requirements.
10.6 Your account with us is reserved for your use. You cannot allow someone else, including relatives,
to use your account, password or identity to access or use the Services or the Platform. You are the
person to be held fully responsible for all activities pertaining to your account. You will not reveal your
account username or password to any person. You will take any measures necessary to make sure such
details are not revealed to anyone. If you suspect any third party gained access to your account or/and
it is being misused, you have to inform us immediately, so that we may investigate the matter, and to
cooperate with us as requested during such investigation.
10.7 You have to keep your private key, username and password secure and private, either on your own
PC or internet access location, you being the only one responsible for the safety of these data. You are
also responsible for any corruption of the username password combination, if the action happens from
your computer due to any viruses or malware present on said computer. If you suspect or have
information about any such attempts or security breaches, you should immediately inform the
10.8 That you use the Services, Platform and Website at your option, discretion and risk.
10.9 You are the only person responsible for recording, accounting to and paying any taxes or register
any amounts transferred to you in relation to such taxes related to your use of the Services.
10.10 Establishing access for your electronic device to the Internet and acquiring any consents or
permissions required for your device to connect with the Website, Platform and the Services is your
10.11 To buy Cryptocurrency from us or to sell Cryptocurrency to us, you need your personal
cryptocurrency wallet address. You have to make sure the address is accurate and complete, the
company has no obligation to check such details concerning the address.
In case you give us an incorrect or incomplete address or did not update your address and by
consequence your Cryptocurrency is paid to, or transferred from an incorrect wallet, we cannot be held
responsible. Please retain that if we cannot credit the Cryptocurrency to you, we reserve the right to
deduct it from the Cryptocurrency due to you, as well as any amount reflecting the required
investigation and additional work you created the need for by giving incorrect or incomplete details.
10.12 You are only allowed to open one account with us, any additional accounts will be suspended.
10.13 You own the personal virtual wallet address we transfer Cryptocurrency to.
10.14 Using the Website, Platform or the Services for any unlawful, criminal or fraudulent activity or
any prohibited transaction (including money laundering) under any applicable laws is absolutely
10.15 Neither the Cryptocurrency you buy from us, nor the FIAT Currency we pay you for the
Cryptocurrency you sell to us, will be used for any unlawful, criminal or fraudulent activity or any
prohibited transaction under any applicable laws.
10.16 The FIAT Currency or Cryptocurrency received from you has not been the result of any
unlawful, criminal or fraudulent activity or any prohibited transaction under any applicable laws.
10.17 You know the Cryptocurrency prices presented on the Website are not final and that the Final
Price is binding upon you.
10.18 You will use the Services, Platform and the Website according to all applicable laws, rules and
10.19 You acknowledge the company has the right to inform relevant authorities, other online service
providers and banks, credit card companies, electronic payment providers or other financial institutions
(together "Interested Third Parties") of your identity and of any suspected unlawful, fraudulent or
improper activity and that you will cooperate fully with us to investigate any such activity. If you do
not cooperate with us in relation to such an investigation, your account might be suspended right away,
until the outcome of said investigation.
10.20 You will not use any other name than your personal legal name to open an account with us, either
for you or any other person.
10.21 In case the Website, Platform or Services do not operate correctly because of any delay,
malfunction or interruption in operation or transmission, any loss or corruption of data or
communication or lines failure, any person's misuse of the Website or its contents or any error or
omission in content or any other factors beyond our control, you agree that:
10.21.1 We will not be liable for any loss, including but not only loss of funds which may be caused by
such malfunction; and
10.21.2 If the Cryptocurrency or FIAT Currency amount we owe or paid to you increases as a result of
such malfunction, you will not be entitled to receive such increase. If this occurs, you will instantly
inform us of the error and repay us any such sum, transferred to you by mistake, or the company may,
at its discretion, deduct such amount from any FIAT Currency or Cryptocurrency it pays to you.
11. PAYMENTS AND FRAUD
11.1 You are totally responsible for paying all FIAT Currency, and for delivering all Cryptocurrency
you owe us. We may stop the Services or the payment to certain clients, for any reason, including but
not only the type of credit/debit card used.
11.2 Until the company can identify and authenticate your identity or account, we reserve the right not
to credit wire transfers to you.
In connection to your use of the Services, we may use third party electronic payment processors
and/or financial institutions to process payments you make.
We reserve the right to close a client's account, terminate the contract and reverse any pay-out if we
reasonably believe that a fraudulent payment is being made or received, including use of stolen
credit/debit cards, or any other fraudulent activity.
We retain the right to inform any authorities of any payment fraud or any unlawful activity and to
employ collection services to recuperate payments.
We will not be held responsible for any unauthorized use of credit/debit cards, irrespective of whether
the credit/debit cards were reported stolen.
11.4 You hereby understand and acknowledge you have to keep, for minimum 3 (three) months, a copy
of credit/debit card transaction receipts resulting from all transactions you made with us.
12.1 You hereby understand and agree that we will have the final say in determining whether you can
use the Services and you could not dispute our decisions in that regard.
12.2 If more than 7 (seven) calendar days have gone by since the date of the transaction, no claims or
disputes will be taken into consideration. You understand and agree such claims have to be raised, in
due time, with the customer service department at [email protected] You will provide the company
with all relevant details or proofs it needs to review your claim or dispute.
12.3 Our customer service department will review your case and inform you what they decided within
21 (twenty one) business days since you submitted your claim or dispute.
12.4 If our decision is not to your liking, you should appeal it by contacting our customer service
manager and promptly provide all the relevant proof to support your appeal.
12.5 The customer service manager will provide a final and binding decision with 14 (fourteen)
business days, after reviewing your appeal.
12.6 If you reside in any EU member state, the payment transaction disputes can be settled through the
European Commission's Online Dispute Resolution Platform at https://ec.europa.eu/consumers/odr/.
13.1 We cannot be liable for any damage or loss incurred by you as a result of the Services. By
accepting the Terms & Conditions, you admit you have fully read and understood the terms of the
Services, and are fully aware of the related potential risks.
13.2 You hereby confirm you fully understand the risks associated with the Services and consider them
acceptable to you, considering your objectives and financial capabilities.
13.3 You acknowledge that buying or selling Cryptocurrency implies high risk. Prices can fluctuate
daily, and by consequence Cryptocurrency’s value may rise or fall very quickly, sometimes even
becoming completely worthless. Trading Cryptocurrency implies risks that other types of trading - such
as with official currencies, goods or commodities - do not carry. If most currencies are warranted by
governments or other legal structures, and gold and silver retain their intrinsic value, it is not the case
with Cryptocurrency, which is only backed by technology and trust. In a crisis, there is no central bank
to protect its value, by taking corrective measures or issuing more currency.
13.4 You acknowledge and agree that we are not a financial advisor, nor do we provide investment
advice, any communication between us cannot be considered as such.
You acknowledge you are the only one responsible for investigating the risks of the transaction and
making your own independent appraisal. You hereby state you have enough market knowledge and
experience to evaluate the risks and benefits by yourself and that you received professional advice
thereon. We do not warrant the Services are suitable for you, nor do we assume any fiduciary duty
13.5 You understand and agree that your user account can, for some reasons, be suspended for a while,
and not be accessible to you. You agree to waive any and all rights, claims or causes of action of any
kind related to any resulting damage.
13.6 Company is not responsible for the Cryptocurrency’s price fluctuations. If the market is disrupted,
the company can decide, at its sole discretion, together with any other measures or remedies, to
suspend the Services. We will not be responsible for any loss you suffered as a result. You
acknowledge that, after such an event, when Services resume, the market rates may differ significantly
from the rates available prior to such event.
14. LIMITATIONS OF LIABILITY
14.1 All our products, the Services, Platform and Website are provided on an "as is" and "as available"
basis. To the maximum extent allowed by the applicable law, we make no express or implied warranty
in regard to our products, including but not limited to implied warranties and conditions of
merchantability, quality degree, completeness and/or accuracy of the website, services and/or the
platform. You understand and agree all the risks related to the use, quality and performance of the
platform, services and/or website lies with you.
14.2 To the maximum extent allowed by applicable law, we do not warranty that the website, platform
and/or services will be uninterrupted, timely, secure or error-free, or they will meet your requirements.
We do not state that malfunctions will be corrected, and/or that the platform or its server are virus or
bug free. We do not represent the materials to be fully functional, accurate, reliable, neither the results
or the accuracy of the information you get through the services, platform and/or website.
14.3 We are under no obligation to store your account name or password for you. The Company will
not be responsible if you misplace, forget or lose your account name or password, with the exception
its gross negligence or wilful misconduct being the cause of such misplacement.
14.4 To the maximum extent allowed by applicable law, the company, its affiliates and/or their
respective service providers, and staff members - officers, directors, agents, joint venturers, employees
and their representatives - will not be responsible to you or anyone representing you for any direct,
indirect, incidental or special loss; and/or any loss of business, returns, contracts or projected savings;
and/or loss resulting from you using the website, services or platform.
14. 5 We shall not be responsible for the transfer of any and all cryptocurrency in case you have given
us any incorrect and/or incomplete public key and/or virtual wallet details. Plus, we cannot be held
responsible for the incorrect transfer of any and all FIAT currency in case you provided us with any
incorrect and/or incomplete payment information.
14.7 We will not accept responsibility for any of the ways you decide to use any of the cryptocurrency
you bought from us and we delivered to the cryptocurrency wallet you designated. This includes with
no limitations any instruction you make to transfer the cryptocurrency bought from us to an external
digital wallet, instruction which you will make at your own will, as owner of the cryptocurrency,
without us knowing or approving such instruction to transfer cryptocurrency to an external digital
wallet, action you understand cannot be revocated.
14.8 In case any events beyond our control - such as telecommunications network failures, power
failures, failures in third party computer or other equipment, fire, explosion, flood, severe weather,
terrorist activity, war and acts of government or other legal institutions (a "Force Majeure Event") -
affect the performance of our Website, Services, Platform, causing any of them to malfunction, we will
not be liable or responsible.
14.9 Even if we have every intention to provide correct information and update it timely on the Website
and/or Platform (including without limitation the Content), the Website may not always be completely
accurate or current and may also include technical errors or typos.
So we could provide customers with the best available information, we will make an effort to change
and update it from time to time, without prior notice. Note that you have to double check any
information before making decisions based on it, and you are the only one responsible for such
decisions, we shall not have any liability for such decisions.
15.1 You hereby confirm to fully indemnify, defend and hold the company, its affiliates and their
service providers, and any of their staff or joint venturers harmless immediately against any and all
claims, demands, liabilities, damages, losses, costs and expenses, including reasonable legal fees and
any other charges whatsoever, howsoever caused, that may arise as a result of:
15.1.1 you breaking any of the Terms & Conditions;
15.1.2 you violating any law, regulation or the rights of any third party; and/or
15.1.3 you using the Services, Website and/or Platform or another person accessing the Services and/or
Platform via your user identification, whether or not with your authorization.
16. SUSPENSION, CLOSURE AND TERMINATION OF ACCOUNT
16.1 The Terms & Conditions shall be enforced immediately upon accessing the Website, Services or
Platform, according to Section 1.5, and shall remain enforced unless the account is terminated
according to the Terms & Conditions.
16.2 Your account with us may get suspended and your access to the Services stopped, or we may
close your account immediately upon giving you notice to the supplied email address (any liability with
respect to the provision of an invalid e-mail address shall be borne by you), in case:
16.2.1 we decide, for any reason, to not provide the Services to you or in general;
16.2.2 we reasonably suspect you to have breached any of the provisions of the Terms & Conditions;
16.2.3 you did not pay the Cryptocurrency bought from us or for other Services provided by us at your
16.2.4 you did not deliver the Cryptocurrency sold to us;
16.2.5 you did not transfer FIAT Currency to us;
16.2.6 your documents failed our internal security checks as per Section 3.1;
16.2.7 we think you have used the Services or the Platform fraudulently or reasonably suspect that you
are abusing the Services;
16.2.8 we believe that you are obstructing the provision of the Services in any way;
16.2.9 if you did not carry out a transaction with respect to the Services for 6 (six) or more consecutive
16.2.10 we reasonably suspect that your account or any transaction are illegal or related to prohibited
16.2.11 we are so required by a subpoena, court order, order or request of a government authority or
other legal authority;
16.2.12 you take any action that we think circumvents our controls, including without limitation
opening multiple accounts;
16.2.13 use of your account is subject to any pending litigation, investigation, or government
proceeding or we perceive a heightened risk of legal or regulatory non-compliance associated with your
16.2.14 our service partners cannot support your use of the Services;
16.2.15 we believe that you negatively affect our reputation;
16.2.16 we believe that someone other than you is using your account or that the Services are used for
someone other than you;
16.2.17 we reasonably believe that your account is associated with any account that has been
suspended or terminated for breach of the Terms & Conditions or suspended for any other reason;
16.2.18 in case you fail to provide information upon our request or the information provided does not
meet our requirements;
16.2.19 because of a Force Majeure Event; or
16.2.20 for any other reasonable motivation we believe fit.
16.3 In the event we suspend or terminate your access to your account and the Services, you shall not
be able to access your account and use any or all of the Services. In such event of termination or
suspension, we keep the right to cancel outstanding and/or pending orders to buy Cryptocurrency from
us or sell Cryptocurrency to us, as well as withhold any FIAT Currency you paid to us for
Cryptocurrency from us which you have not received, or withhold any Cryptocurrency you delivered to
us in relation to selling Cryptocurrency to us for which you have not received the FIAT Currency.
16.4 You may terminate the Terms & Conditions and close your account at any time by sending an
email to us at [email protected] . Such termination of the Terms & Conditions shall take effect
when your account (including username and password) gets closed, which shall occur within 7 (seven)
calendar days after we received your email on our servers. Between sending us such email and the
closing of your account by us, you will remain responsible for any activity on your account.
16.5 On termination of the Terms & Conditions:
16.5.1 you must stop using the Website, Platform and the Services;
16.5.2 pay us any amounts owed to us;
16.5.3 give us any Cryptocurrency which you owe to us;
16.5.4 Upon the termination of the Terms & Conditions for any reason, except as otherwise provided
herein and subject to any right or obligation which has accrued prior to termination, neither party has
any further obligation to the other, except for those provided in the Terms & Conditions.
16.6 The right to terminate the Terms & Conditions and to close your account shall not stop you or us
from exercising any other right or remedy in respect of the breach concerned (if any) or any other
17. CUSTOMER SERVICE DEPARTMENT
17.1 We will record calls you make to the customer service department, for service quality assurance
(or due to regulatory requirements in certain jurisdictions, when applicable).
17.2 You agree to us using the contact details provided by you on registration to occasionally contact
you directly in relation to your use of the Services or any other products or services offered.
17.3 Abusive behaviour towards our employees will not be tolerated. If we consider your behaviour via
telephone, live chat, email or otherwise to have been abusive or derogatory towards any of our
employees, this will be considered a breach of the Terms & Conditions. We will consequently have the
right to close your account with us and terminate the Terms & Conditions.
18. THIRD PARTY LINKS, SITES AND SERVICES
One can find on the Website links to third-party websites, advertisers, services or other events we do
not own or control. Please note we do not endorse these, nor do we take any responsibility for any such
third-party information, materials, products or services. In case you decide to access any third-party
website, service or content from our Website, you hereby agree you are doing so at your own risk and
we will be no liable for any outcome of your use of such third-party service or content. In case you
access or use such third-party content, make sure you have read, understood and agreed to all the terms,
conditions, policies and guidelines of these third-party websites, services or contents.
19. GOVERNING LAW
The present Terms & Conditions and the legal and commercial relationship we establish is governed
by the laws of Canada. You irrevocably agree for your and our benefit that the courts of Canada will
have jurisdiction to settle any suit, action or other proceedings relating to the Terms & Conditions
("Proceedings"). You submit to the jurisdiction of such courts (provided that this shall not prevent us
from bringing an action in the courts of any other jurisdiction).
20.1 Entire Agreement: The Terms & Conditions comprises the whole agreement between Company
and you relating to your use of the Website, Platform and the Services and takes precedence over any
and all prior agreements between Company and you in relation to the subject matter hereof. You
confirm that, in agreeing to accept the Terms & Conditions, you have not relied on any representation
save insofar as the same has expressly been made a representation by Company in the Terms &
20.2 Waiver: The rights and remedies provided under the Terms & Conditions are added to and do not
exclude those provided by law. No failure by us to exercise, or delay by us in exercising any of our
rights under the Terms & Conditions or otherwise, nor failure by us to insist upon strict performance of
any of your obligations will act as a waiver of those or any other rights or remedies or relieve you from
compliance with such obligations. No single or partial exercise of a right will prevent further exercise
of that right or remedy or the exercise of another right or remedy.
20.3 Severability: If any competent authority determines the Terms & Conditions are invalid, unlawful
or unenforceable to any extent, such provision will be cut out from the remaining provisions, which
shall remain valid to the fullest extent permitted by law. In such cases, the invalid or unenforceable part
will be amended in a manner consistent with the applicable law to reflect, as closely as possible,
Company's original intent.
20.4 Assignment: We retain the right to transfer, assign, sublicense or pledge the Terms & Conditions,
in their entirety or partially, to any person without notice to you. You may not assign, sublicense,
pledge or otherwise transfer in any manner whatsoever any of your rights or obligations under the
Terms & Conditions.
20.5 Third Party Rights: If this is not otherwise expressly written, nothing in the Terms & Conditions
will create or confer any rights or any other benefits to third parties.
20.6 Outsourcing: As per the applicable laws and regulation, the company may outsource any or all of
the Services it provides under the Terms & Conditions to third parties.
20.7 Relationship of the Parties: We do not intend to represent in the Terms & Conditions the fact we
are creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint
enterprise between you and us.
20.8 Language: The Terms & Conditions have been written in English. The English version of this
Agreement is the governing version and shall prevail whenever there is any discrepancy between the
English version and any other version.