Therefore, for and in consideration of the foregoing the User unconditionally accepts and agrees to these Terms in accordance with the terms and conditions provided below:
1. Definitions 2. Acceptance and Changes of the Terms
1.1. Capitalized terms, which are not described in the text separately, but are used in these Terms are provided in the Annex 1 of the Terms, which (the Annex 1) is provided below.
3. Purpose of the Website
2.1. The User unconditionally accepts and agrees to be bound by these Terms and guarantees that the User’s representations and warranties provided in these Terms are true and correct.
The User approves these Terms by clicking the checkbox by the text:“I have read the whole text of the Terms and Conditions and fully and unconditionally confirm and agree with them”.
2.3. The Company is entitled without any restrictions and approval of the User to unilaterally change, amend, supplement, delete or add to these Terms and any other AdditionalPolicies. Any such changes will be effective upon the posting of the revised Terms and respectively Additional Policies on the Website or sending personal e-mail notifications. The User is solely responsible for reviewing any such notice and the corresponding changes to the Terms and Additional Policies.
4. Exchange of the Voucher, transfer of BTC, Voucher Validity, AML
3.1. The Purpose of the Website is to provide the ability for the Voucher holders to register within the Website and to exchange the value in EUR provided by the Voucher into BTC under the price, fees and other terms and conditions provided herein and the Website (if different fees are indicated in the Terms and the Website, then the fees in the Website shall prevail). The additional services and products may be available at the Website.
3.2. The Company is going to act as the intermediary or the seller of BTC, when the User exchanges the Voucher into BTC. When the User initiates an Order to exchange (buy) the BTC, then in exchange of the value in EUR presented by the Voucher, the Company will provide respective amount of BTC to the User, whether as the owner (seller) of BTC, if the Company’s own BTC reserves are used, or is going to buy BTC on chosen cryptocurrency exchange and then deliver it to the User. Exchanged BTC will be sent to the User’s Account. For avoidance of doubts, it is noted, that the Company is not going to act as an exchange (e.g. Bincance) operator, which operates the exchange (platform) and coordinates buy/sell orders between different users of such exchange (platform).
5. Exchange Rate, Fees and Invoices
4.1. The Voucher holder (User) willing to exchange its Voucher into BTC shall register the Voucher by providing the Voucher code. Only valid and not used Voucher will be registered after its approval as eligible for the registration by the Company. After the registration of the Voucher, the User shall create Profile at the Website, which shall be created by the User in accordance with the instructions provided in the Website. After the Profile creation, the User will be provided with the Account where nominal value of the voucher will be displayed. Also the User will be able to access the information about cryptocurrency wallets with the detailed information how to download and install them. After all the steps mentioned therein before, the User holding a Voucher will be entitled to exchange the Voucher into BTC by placing an Order on the Website.
4.2. Once the Order is completed the Voucher will be considered as invalid (used). Upon a separate instruction of the User, User’s BTC will be transferred to the User’s Wallet address.
4.3. Once completed or in case of the Transaction – initiated, the Order and the Transaction will be deemed binding and irrevocable. The validation of any Order and initiation of the Transaction on the Website, according to the provisions of these Terms, constitutes a valid agreement and valid proof of completion of the entire Order and of the payability of the amounts due pursuant to the fulfilment of the said Order and the Transaction. Completion of the BTC Transaction is confirmed within the BTC network. Delivery and receipt of the BTC is deemed completed as soon as the BTC Transaction is initiated for the transfer to the User’s Wallet. BTC will be transferred to the User’s Wallet address in due time, depending on the Company’s most efficient diligences and the usage of the BTC network.
4.4. The digital data transaction recorded on the Website by the Company during the ordering process and Order confirmation system as well as the Transaction within the BTC network constitute the proof of the transaction between the Company and the User.
4.5. The Transaction can be initiated for the first time after the User wrote down the code, which was sent to the User’s telephone number. Every further Transaction can be initiated after User’s successful login to the Profile.
4.6. Information about the initiated Transactions will be provided in the User’s Account at the Website.
4.7. The Company reserves the right to refuse to process or to cancel any pending Order or allow initiation of the Transaction (i) as required by law or in response to a subpoena, court order, or other binding government order, (ii) the User may be involved in a dispute regarding the payment of a previous order, or (iii) as the case may be for non-compliant results and/or reports issued from the AML compliance review (if AML is applied).
4.8. The Company assumes no responsibility or liability in connection with any attempt to use a hosted digital currency Account to receive BTC.
4.9. In order for the User to utilise the Voucher, the Voucher shall be valid (including, that it was not used before).
4.10. Each Voucher is valid for 6 months from the date of the purchase and ceases to be valid after the end of this term and can not be exchanged into BTC, nor redeemed. The Voucher holder shall bear all the risks and losses in relation to non-valid Voucher and the Company shall not be responsible for any damages (direct and indirect) of such Voucher holder.
4.11. There might be no User identity verification, however upon request of the Company the User shall provide its identity to the Company, if there are upon opinion of the Company any risks in relation to AML violations, if AML policies are applied. If the Company deems, that the User may not comply with AML requirements, such User may not be allowed to utilise the Voucher.
5.1. The Company will use EUR/BTC market exchange rate. In case of the Voucher exchange into the BTC, the following elements will be combined and fees applied when providing EUR/BTC exchange rate, which will be indicated in the Website: (i) EUR/BTC rate applied by the cryptocurrency exchange (the Exchange), which is selected by the Company, (ii) all the fees applied by the Exchange (e.g. for EUR/BTC conversion, transfer and any other) and (iii) the Company’s transaction fees. Before exchanging EUR to BTC, the User in the Website will be able to see, what amount of BTC will be received after completion of the exchange Order.
5.2. In order to exchange the Voucher into BTC, the User shall pay the Voucher distribution and service fee equal to EUR 9, which will be deducted from the Voucher value. Therefore, if a Voucher is valued for EUR 109, then in case of its use EUR 9 will be paid as the fee and the rest EUR 100 can be exchanged to BTC. For the Voucher which is valued fro EUR 59 or whatever other amount, EUR 9 Voucher distribution and service fee will be applied also. The other fees or commissions may apply, are going to be indicated in the Voucher purchase document, also may be indicated in the Website.
5.3. All transaction costs (including, but not limiting to the applicable cryptocurrency exchanges and transfer transaction rates and fees) in relation to the Voucher exchange into BTC, shall be borne by the User’s (Voucher holder’s) own expenses. Before exchange of the Voucher into BTC, the amount that will be received by the User will include all the applicable fees and commissions.
5.4. The Company reserves the right to modify
the applicable fees and commissions at any time. Also, fees, that are applied by the other cryptocurrency exchanges may vary and are subject to change.
5.5. After the Voucher exchange into BTC, the User will receive an invoice into the e-mail address.
6.1. Profile Registration 7. Representations and Warranties of the User 6.2. Profile Duration and Termination
6.1.1. Only a person holding a valid Voucher will be entitled to create a Profile. For the creation of the Profile, the following information shall be provided, which may include, but not be limited to a person’s: Voucher code, telephone number, e-mail, create a password for the User’s Profile.
6.1.2. Upon successful completion of registration of the Voucher and the User registration process, the Company will establish a User Profile and will provide User with the instructions how to create a User’s Wallet wherein the BTC can be stored.
6.1.3. The Company may, in its sole discretion, refuse to allow the establishment of a User Profile.
6.1.4. The User is responsible for maintaining the confidentiality of the Profile password and for restricting access to the computer to prevent unauthorised access to the User’s Profile and should inform the Company immediately if the User has any reason to believe that User’s password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
6.1.5. If during the registration User provides personal information, the User authorizes the Company to, directly or through third parties, perform any inquiries necessary to verify the User’s identity and/or protect the ongoing process for ordering against fraud from the User, including to query identity information contained in public reports or as the case may be, to query Profile information associated with the User Profile, and to take action that will be deemed necessary based on the results of such inquiries. In that respect, the User authorizes any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
6.2.1. User’s Profile is effective upon agreement with these Terms by the User and for an unlimited period of time, unless terminated or closed earlier as indicated in Clauses 6.2.2-6.2.3.
6.2.2. If the Company suspends or closes any Profile, or terminates the offer of any Company product or service for any reason, including termination of the Company’s operation on the Website, or as the case may be, occurrence of a force majeure event, the Company will provide the User with notice of the related actions unless a court order or other legal process prohibits the Company from providing the User with such notice.
6.2.3. Each User acknowledges that Company's decision to take certain actions, including limiting access to, suspending, or closing any Profile, may be based on confidential criteria that are essential to Company's risk management and security protocols.
6.2.4. Each User agrees that the Company is under no obligation to disclose the details of its risk management and security procedures to the User.
6.2.5. For its part, the User is authorized to cancel Profile at any time.
6.2.6. Following such termination by the User, the Company is authorized to cancel or suspend any pending transactions at the time of cancellation.
8. Limitation of Liability, Force Majeure
7.1 The User acknowledges and assumes the following risks and provides the following representations and warranties:
7.2. No warranty
7.1.1. the Investor has full legal capacity and is duly incorporated (if legal entity) and validly existing under the Laws of the jurisdiction in which the Investor is incorporated or citizen/resident of, and has the full right, power and authority to enter into these Terms and perform obligations indicated herein;
7.1.2. fully read and familiarized with the Terms;
7.1.3. the User bears sole responsibility for any taxes as a result of the matters and transactions conducted through the Website and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities;
7.1.4. loss of the requisite password, private key(s) associated with the Profile or User’s Wallet storing BTC may result in loss of such BTC;
7.1.5. hackers or other malicious groups or organizations may attempt to interfere with the Account, including malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing;
7.1.6. the Company cannot guarantee the software used by the Company or the entity operating the Project to be flaw-free;
7.1.7. the User is aware that the price or value of BTC can change rapidly, decrease, and potentially even fall to zero;
7.1.8. the User attest that User’s provided personal information (if any) is/are accurate and authentic and agree to update the Company if any personal information changes.
7.2.1. The Company products and services are delivered on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory, to the maximum extent permitted by applicable law, the company specifically disclaims any implied warranties of title, merchantability and fitness for a particular purpose and/or non-infringement.
7.2.2. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE (INCLUDING THE PLATFORM), ANY PART OF THE ON LINE COMPANY PRODUCTS OR SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
7.2.3. The Company also makes no representations about the accuracy or completeness of historical and/or current digital currency price data related to BTCs available on the Website.
7.2.4. The Company will make reasonable efforts to ensure that requests for the Orders are processed in a timely manner, but the Company makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of its control.
9. Intellectual Property Rights
8.1. THE COMPANY DOES NOT ASSUME LIABILITY FOR ANY MISSTATEMENT, OMISSION OR INACCURACY RELATED TO WEBSITE (INCLUDING THE PLATFORM) AND ITS SERVICES AND PRODUCTS.
8.2. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, SHAREHOLDERS AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY DAMAGES (DIRECT AND INDIRECT) AND (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE WEBSITE (INCLUDING THE PLATFORM) OR THERE AVAILABLE PRODUCTS OR SERVICES, LOST, STOLEN AND HACKED BTC, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. THE COMPANY WILL NOT ALSO IN ANY WAY BE HELD LIABLE FOR ANY POTENTIAL INDIRECT OR INTANGIBLE DAMAGE, SUCH AS LOSS OF EARNINGS, LOSS OF CLIENTS, IMAGE DAMAGE, ETC. THE USER SHALL NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES.
8.4. In all circumstances, the Company cannot be held liable in the event of a breach of its obligations as herein defined due to the occurrence of events having the characteristics of force majeure, as usually considered by the Lithuanian law and jurisprudence.
8.5. Moreover, the following events are expressly considered as force majeure cases: all out or partial strikes, internal or external to Company, lockout, serious disturbances of normal weather, epidemics, blocking of transportation or supply means, for any reason, earthquakes, fires, storms, floods, water damage, governmental of legal limitations, total or partial blocking of energy sourcing, in particular oil, or loss of telecommunication, software malfunction and errors, hacks, malware and other attacks causing theft or loss of BTC means which cause is beyond the control of the Company.
10. Information Technology and Data Protection
9.1. All software, design, text, images, sound recordings, animations, trademarks (including “Company” name and the Company logo) and other works included in the Website are protected by intellectual property rights and owned by the Company or licensed by the Company.
9.2. The trademarks and domain names as well as the designs and patterns appearing on the Website are also the exclusive property of the Company.
9.3. No license or any other right than the right to visit the Website is granted to anyone with regard to intellectual property rights.
9.4. The reproduction of documents appearing on the Website is only authorized for the exclusive purpose of information for strictly personal and private use.
11. Company's User Service
10.2. The Company is the recipient of the personal data collected via the Website. The Company may transfer personal data
to third parties, such as for example for AML compliance review, or as the case may be for ordered electronic debits and credits involving bank accounts and credit cards.
10.3. Subject to the User prior explicit consent, the Company is authorized to send a newsletter to keep the User informed on the development of the Company’s Website and its other products or services.
10.4. The User is able to unsubscribe and opt-out from this newsletter at any time.
10.5. Unless expressly authorized by the User, the Company will not transfer any of the User'spersonal data to third parties for commercial purposes.
12. General Provisions
11.1. For any questions or queries regarding the Company products, services or the Orders, the Company’s User services is available by e-mail: email@example.com
12.1 Relationship of the parties 12.2 Cession
12.1.1 The Company is an independent contractor for all purposes.
12.1.2 Nothing under these Terms shall be deemed or is intended to be deemed, nor shall it cause, any User and the Company to be treated as partners, joint ventures, or otherwise as joint associates for profit, or any other form of partnership.
12.3 Final Provisions
12.2.1 In any case, the User cannot transfer the rights and obligations resulting from these Terms to any other persons. Such transfer shall be atomically considered as null and void.
12.2.2 For its part, the Company has the right to transfer every rights and obligations resulting from these Terms to any person (any individual (or legal person)) without having to inform the User.
12.3.1 If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired. Any provision of these Terms held invalid or unenforceable only in part or to a certain degree will remain in full force and effect to the extent not held invalid or unenforceable.
12.3.2 These Terms and all rights and obligations arising out of these Terms shall be governed, construed and interpreted in accordance with the Laws of the Republic of Lithuania.
12.3.3 Any dispute, claim or controversy arising out of or connected to these Terms shall be settled by the competent court of the Republic of Lithuania. The Lithuanian Law shall be applicable to the dispute.
13. ANNEX 1 TO THE COMPANY TERMS AND CONDITIONS
Wherever used in this Agreement, capitalized terms, if not defined in the Terms already, shall have the following meaning:
Account digital virtual currency wallet on the Website, where BTC is stored.
BTC means Bitcoin virtual currency.
Laws mean any provision of any law, regulation, international treaty, or any other legal act applicable to these Terms, any person to these Terms (as the case may be), in any jurisdiction adopted at a municipal, national, supranational and/or international level either prior to or after the date of these Terms.
Order means an order made by the User holding a Voucher to exchange the value in EUR provided by the Voucher into BTC and respectively receive certain amount of BTC.
Platform means a platform (technical solution) available at the Website, where the Users are entitled to register their Vouchers and exchange it BTC and accordance with the Terms.
Profile means a Profile opened for the User and available at the Website.
Transaction means a BTC transfer transaction, which is recorded within BTC network.
Voucher means a printed or electronic voucher or a gift card issued and distributed by the Company and UAB “Gera dovana”, a company incorporated and operating under the laws of the Republic of Lithuania, company number 301075902, or any other person entitled to distribute the Vouchers.
User’s Wallet external digital virtual currency wallet created by User where the BTC is stored.
HEREBY I CONFIRM THAT I HAVE READ THE WHOLE TEXT OF THESE TERMS, INCLUDING THE ANNEX 1, I FULLY UNDERSTAND THESE TERMS, HAVE NO OBJECTIONS AND GOING TO COMPLY WITH THESE TERMS IN ALL THE ASPECTS.