LAST UPDATED ON 18/11/2020
PLEASE READ CAREFULLY THE TERMS & CONDITIONS SET OUT HEREIN BEFORE USING THE SERVICES PROVIDED BY US.
By this Terms and Conditions Agreement (hereinafter referred to as the “Agreement”), the Company Crosschange International OÜ, registry code: 14909553 (hereinafter referred to as “the Company”, “we”, “our” or “us”) and the person who accesses and uses the platform web-site or the Services of the Company (hereinafter referred to as a “Customer”, “client”, “you” or “your”), collectively referred to hereinafter as “the Parties,” enter a binding agreement which will be governed by the following terms and conditions.
By clicking the “create an account, the “I accept” button or by accessing or using the services, it will be understood:
- You verify that you have the authority to enter this Agreement.
- You confirm you have read and understood all the Terms set forth in this Agreement.
- You agree to the terms of this agreement and therefore will be legally bound by those terms & conditions.
Therefore, if you do not have the authority to enter this Agreement, or if you do not agree with the terms and conditions set out, do not click the “accept” button and do not create an account.
1. SUBJECT OF THE AGREEMENT AND ACCEPTANCE
1.1. This agreement regulates the use of the service provided by Crosschange International ÖU and the company’s webpage and platform. It will govern the relationship between the Client and the Company.
1.2. By registering with Crosschange International OÜ and/or by using or accessing the Website, Services, or Platform “Crosschange International OÜ”, you agree to be bound by the Terms & Conditions. If you do not agree to any of the provisions of the Terms & Conditions, you should immediately cease using the Website, Services, and Platform.
1.4. By registering with Crosschange International OÜ, you understand and agree that the final price of cryptocurrency may be either higher or lower than any other rate which was previously available on the Website, in accordance with value fluctuation which may occur, that this may change either in your favor or in ours, and that we have no control whatsoever on such change.
1.5. The services offered by the Company to the Client which constitute the subject of this agreement are:
1.5.1. Opening an account in the system to purchase and/or sell digital assets.
1.5.2. Partaking in the exchange of FIAT currency (USD, EUR…) to cryptocurrencies and vice versa.
1.5.3. Participation in the exchange of a cryptocurrency to another cryptocurrency (ETH, BTC…).
1.5.4. Transfer of FIAT money to the Balance in your account in the platform in order to purchase cryptocurrency.
1.5.5. Transfer of FIAT money to the balance through VISA and Mastercard debit payment cards.
1.5.5. Transfer of the cryptocurrency purchased to an external digital wallet.
1.5.6. Storage and holding of cryptocurrencies in the wallet.
2. LEGAL AGE AND RESTRICTED TERRITORIES
2.1. The Services are only available to individuals who are at least 18 years old (or of legal age in their jurisdiction). Crosschange International OÜ reserves the right to ask for proof of age from you and your account with Crosschange International OÜ may be suspended until satisfactory proof of age is provided.
2.2. You may not use the Services, Platform and/or the Website if you are located 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.
2.3. You shall not use the Services where it is prohibited by law or regulation.
3.1. By registering to access the Company’s platform and filling the online form, the terms, and conditions of this agreement will be deemed accepted and therefore binding for both parties. Until then, the present agreement is a simple offer made by the Company. When accepted this agreement will be understood without any amendments or additions on the Client’s part.
3.2. The services hereby provided may not be available in all markets and jurisdictions at all times. Therefore, the Company may restrict, make unavailable during a certain period of time, or prohibit the use of the Services to the User or to certain territories.
3.3. The Company reserves the right to refuse the acceptance of the User, without having to provide any reason or explanation of what led to that decision.
3.4. By registering and accepting these terms, the client warrants:
3.4.1. That he is of legal age and is able to form a valid and binding contract.
3.4.2. That he has read and accepted the terms of this agreement and other documents provided by the Company.
3.4.3. That he has not been previously suspended or terminated from the use of the services.
3.4.4. Is not a national or resident of a country in which it is prohibited to use the Services the Company provides with.
3.5. When registering a Company, the representative will have to warrant:
3.5.1. That such Company is existing under the laws of the jurisdiction where the Company acts.
3.5.2. That the representative is authorized to act on behalf of the Company.
3.5.3. That the Company is not a tax resident of a country in which it is prohibited to use the Services the Company provides.
4. REGISTRATION OF AN ACCOUNT AND VERIFICATIONS
4.1. The number of accounts is limited to one per person or per legal entity.
4.2. To register and create an account the client needs to submit personal information, a valid email address, and a password.
In case of successful registration, the Username and Password will be allocated to the Customer. Username and Password are personal to each Customer and this information must not be disclosed to any third party.
To prevent undesired actions by the account holder or account theft, the Client agrees to:
(i) Create a strong password,
(ii) Update the information provided in case of any changes,
(iii) Provide true, accurate, and complete information, (iv) Protect your password and change it if you deem necessary,
(v) Inform the Company immediately if you believe an unauthorized access to your account is taking place or you suspect it could happen.
(vi) Restrict access to your Crosschange International OÜ account,
(vii) Installing a verification code (Google Authenticator or any other).
4.3. To register as a customer, the Company will require you to provide your contact details, as well as other identification and relevant documentation.
This includes the following:
i. Photographic identification,
ii. Recent proof of address,
iii. Identification document,
iv. Full name,
v. Date of birth,
vi. Contact details (telephone number, e-mail address).
vii. Or other required documentation in accordance with the Laws and Regulations.
4.4. In the case of Companies, the following information and documents will be required in order to register with the Company:
i. Legal entity name,
ii. Articles of association (constitution of the Company),
iii. Certificate of incumbency (this is the documentation that verifies the representative has authority to act on behalf of the Company),
iv. Utility bill,
v. Other additional information that is relevant.
4.5. The Client warrants the Company that all information about himself/herself or the legal entity provided to the Company is true, complete, accurate, not misleading, and up to date.
4.6. The Customer agrees to provide the Company with all the necessary data to allow the verification of his/her identity and agrees to in no way distort the provided information.
4.7. The Company may at any time request the User to provide any personal or financial information of the Account owner for KYC (Know Your Customer) and/or AML (AntiMoney Laundering) procedures or any other internal procedures. The Company reserves the right to impose limitations on the Account dependent on the provided information. In addition, Crosschange International OÜ may request that copies of the documents requested are notarized at the client’s expense, meaning that the documents are stamped and attested by a public notary.
4.8. The Company may request the client to attend a video call to verify his identity. Crosschange International OÜ may decide, at its sole discretion, to terminate the account and these Terms & Conditions, on the basis that such documents or verification provides a negative or uncertain conclusion or the Company suspects that the Client is not aged 18 or over.
4.9. The company may also at any time thereafter carry out additional verification procedures that are deemed necessary.
4.10. Crosschange International OÜ may perform further verification checks on you and request any relevant documentation from you or from any third party for any reason, and for that purpose, you hereby authorize us to, directly or indirectly, make any inquiries we consider necessary to check the relevance and accuracy of the documents and information provided for verification purposes.
5. USE OF THE ACCOUNT
5.1. The account must be used in compliance with all the terms & conditions of this agreement. Crosschange International OÜ has no obligation to check whether users are using the Services in accordance with the Terms & Conditions, as updated from time to time. It is the sole responsibility of the Client to ensure that he/she is aware of the correct and current provisions of the Terms & Conditions and of any amendments or updates made thereto which will always be notified in the platform or any other valid communication channels.
5.2. The Client confirms that he is not violating any law, contract, or other agreements by using our Services.
5.3. The Company will make its official communications through the platform or directly to the Users email. All requests, incidents, and information given to the User must be sent through the system established in the platform which enables Users to contact the support department. The Company will not be liable for those unanswered requests made through other channels.
5.4. The Customer is not allowed to use any means to mask the internet traffic and IP address (such as Proxy, Tor, VPN, and others).
5.5. The Customer is strictly forbidden to use or exploit errors in the design of the Web-page or the Service, this also extends to any parts or features which have not been documented, and/or “program bugs” for commercial/personal gain or as means to disrupt and/or destabilize the Service and/or the Web-page. If the Customer encounters such errors by accident, the Customer shall report the findings to the Company immediately.
5.6. You may not use the Services or the Website in a manner prohibited by any laws or regulations which apply to you.
5.7. The Client will use the Company’s services in a way that does not disrupt the Company’s functioning, as well as affect or disrupt other Users from using our Services.
5.8. The Customer will be responsible for all the uses given to his account.
6. OBLIGATIONS & RIGHTS
6.1. The Company will have the following rights:
6.1.1. To change, modify, update, and amend the Terms & Conditions of this agreement.
6.1.2. To change, cease providing, or add new products and services to the Company’s portfolio.
6.1.3. To suspend, restrict, or block the access to the Services and/or Platform, at any time and without prior notification, including without limitation in the following cases:
184.108.40.206. Breach of this agreement or any other documents that were accepted by the User.
220.127.116.11. When notified to the Company or suspicion by the Company that the account is not being used by the account holder.
18.104.22.168. In the case that the information or documentation submitted in any verification procedures is inaccurate, misleading, incomplete, or has been distorted in any way.
22.214.171.124. In the case that a verification procedure or an internal procedure has been initiated by the Company and the User refuses to provide the information or leaves the communication unanswered, the measures will be applicable until the information is provided.
126.96.36.199. Technical failures, errors in the system, or compliance with procedures of supervisory body’s.
188.8.131.52. Unilaterally cease in providing services to a User by terminating the agreement and/or blocking access to the platform. This action will be taken when no FIAT deposit is in the account.
184.108.40.206. You acknowledge and agree that it is at the sole discretion of the Company whether to provide you with the Services.
6.2. The Company will have the following obligations:
6.2.1. To notify the User of any changes in the products offered through the platform.
6.2.2. To notify the User of any temporary interruption of accessing the Backoffice.
6.2.3. To update the system software.
6.2.4. To respond to the client’s requests, incidents, and suggestions send through the communication channel established.
6.2.5. To not disclose any information about a User/ User account, unless:
220.127.116.11. It is available to third parties through the platform.
18.104.22.168. It must be disclosed to comply with the request of a legal authority or governmental authority.
22.214.171.124. It is of access to the public.
126.96.36.199. It must be disclosed to collaborative entities in order to provide the Services.
6.3. The client will have the following rights:
6.3.1. To contact the Company for any requests or incidents encountered in the use of the platform.
6.3.2. To use the products and services offered by the Company.
6.3.3. To inform the Company of any errors, malfunctions, bugs, or other failures in the system.
6.4. The User will have the following obligations:
6.4.1. Will have to comply with the present agreement as well as any other documents provided and accepted by the client.
6.4.2. To use the account properly in the ways herein established.
6.4.3. Avoid disclosing the password of his account and taking all measures available to protect his passwords and other codes of access to the system.
6.4.4. to inform of any unauthorized access or suspicion of possible access by third persons immediately.
6.4.5. To comply with all verification processes and submission of documentation required by the company.
6.4.6. To provide the company with accurate, complete, true, and not misleading information.
6.4.7. To inform of any changes in respect to the data or documents that were submitted previously.
7. TRANSACTIONS AND SERVICES PROVIDED BY CROSSCHANGE INTERNATIONAL OÜ
7.1. Once registered, the User has access to services of Software Development. In particular:
7.1.1. Exchange of FIAT currency (€, $…) into various virtual currencies (BTC, ETH…) and vice versa.
7.1.2. Transaction of loading funds from your External Bank account into your balance in your Crosschange International OÜ account in order to purchase digital assets.
7.1.3. Providing a virtual currency wallet service. (“Services”).
7.2. The Company may suspend, modify, remove, or add Services at any time.
7.3. The Company may also refuse to carry out any transaction, impose limits, conditions, or restrictions when loading FIAT money into the account or when making cryptocurrency exchanges.
7.4. The Customer warrants that the origin of his/her funds is totally licit.
7.5. In order to use the Services, the Client will have to load funds in his balance using the payment methods that are set up in the system (transfer, credit, or debit card). The funds may take up between 24-48h to be credited when the funds are of 10.000€ or less. The Company may request the client to provide more documents in order to accredit the funds, such as proof of origin of funds, financial standing, and occupation. If the funds are sent in the amount of 10.000€ or more it will take longer to credit the funds sent, as proof of origin of the funds and other documents will be requested by the Bank Official. The loading of funds could result in the following states: 7.5.1. Confirmed: Once the funds are credited, they will appear as confirmed and available in the balance.
7.5.2. Pending: Whilst the funds are being credited, they will show up as pending.
7.5.3. Cancelled: if the loading of funds is not successful the funds will be returned and the transaction will appear as canceled.
7.6. Once the funds sent have been accredited, they will be visible in the Crosschange International OÜ account balance and will be available for the User to engage in cryptocurrency transactions and exchanges.
7.7. When the User purchases with the funds credited in the balance, he/she will have to select the wallet to which send the cryptocurrency. It must be a compatible wallet with that cryptocurrency. Once submitted the order to carry out a purchase or sell of digital currency you cannot withdraw unless it is not due to occur until an agreed date in the future.
7.8. If you have successfully submitted an order to buy or sell a cryptocurrency, this will appear in the following status:
7.8.1. Pending: This means the order is awaiting to be checked and for the processing progress to start.
7.8.2. On hold: The order is not yet available for buy or sell.
7.8.3. In progress: Order is being processed.
7.8.4. Completed: Transfer was successfully completed.
7.8.5. Cancelled: This may occur when the client does not send the cryptocurrency to be sold; in those cases where there are not enough funds in the liquidity wallet or when the application or crypto nodes are having incidents or issues.
7.8.6. Refunded: This will appear in the cases where the sell has not been completed. If the User sends less than the minimum amount required to sell the quantity will be refunded.
7.9. When selling the cryptocurrency in order to receive FIAT money you will receive in your balance the corresponding E-money to the exchange in your balance. Once in your balance, you will be able to send it to your external Bank account.
7.10. All transactions will appear in the transaction tab inside the accounts Backoffice. The transaction history will show:
7.10.1. The deposit made in FIAT money:
188.8.131.52. Amount deposited in FIAT.
184.108.40.206. Date of the deposit.
220.127.116.11. Date of completion of the deposit.
18.104.22.168. Status of the transaction.
7.10.2. The purchase or sell of cryptocurrency:
22.214.171.124. Date of the transaction.
126.96.36.199. Amount of cryptocurrency purchased or sold.
188.8.131.52. Value in FIAT currency used to purchase or received when sold cryptocurrency.
184.108.40.206. Exchange rate.
220.127.116.11. Any fees charged.
18.104.22.168. Destination wallet in case of purchase.
22.214.171.124. HASH of the transaction.
7.11. If a transaction is carried out and instructed from the Client’s account, the Company will presume that it was done by the client, unless otherwise is notified. The client that deems a transaction using FIAT money in his balance account was made without his authorization, must inform the Company immediately. The Company will have to open an investigation on any unauthorized transaction and may block the access to that account whilst it is ongoing.
7.12. In case of error, and that a balance appears in the client’s account without having made any deposit, the client will have to notify the Company. If the User does not notify the Company and instead uses the funds to purchase cryptocurrency or send them to his bank account, the Company will request the refund of the amount of cryptocurrency purchased without real funds or the amount of FIAT money sent to an external bank account.
7.13. If a transaction is carried out due to the company’s fault without having the client instructed to make any transaction with the funds in FIAT he had in his balance, the Company will have to restore to the situation before the error occurred.
7.14. With respect to the fees charged, these will be made available at the moment prior to the acceptance of the transaction.
7.15. The exchange rate will also be visible when carrying transactions. This means, that the User will be able to see the price of the exchange of the Digital Currency in fiat currency. The price exchange rate may differ when purchasing the cryptocurrency from when selling it. The client acknowledges that the exchange rate may differ and by carrying out the transaction it will understand you agree and accept the exchange rate applied to your transaction. The exchange rate will be always visible on the platform in the “Home” area. There you may see the price of “Buy” or “Sell” of the different cryptocurrencies.
7.16. All transactions completed cannot be reversed. All services and purchases within the platform are final and complete. The Company will not make returns or refunds unless otherwise provided in these terms.
7.17. The Company has the right to decide which digital currencies will be available for users to purchase or sell. The digital currencies available can change from time to time.
8. RISKS AND WARNINGS
8.1. Crosschange International OÜ shall not be responsible for any damage or loss incurred by you as a result of the Services. By accepting the Terms & Conditions, you acknowledge and confirm that you understand and agree that the risks associated with the Services are acceptable by you, taking into account your financial capability.
8.2 You acknowledge and agree that Crosschange International OÜ does not provide advice or consulting services on investments, and any communication between you and Crosschange International OÜ cannot be considered as advice. You accept to use Crosschange International OÜ services, you confirm and acknowledge that you have sufficient knowledge, market sophistication, and experience to make your own evaluation of the merits and risks of any transaction and that you received professional advice thereon.
8.3. The value of digital assets fluctuates all the time. By this, we mean, that the value of any cryptocurrency can go up or down at any given time. The fluctuation of the price of digital assets is a risk the client acknowledges and accepts. By holding, staking, selling, buying, or trading with cryptocurrencies you agree to the risks and understand that you may lose totally or partially your money as well as digital cryptocurrencies.
8.4. The Client acknowledges that the market conditions may result in making it difficult or impossible to liquidate the cryptocurrency.
8.5. The Company does not influence the price or software of the different currencies that are offered. The Company only works on offering some of those cryptocurrencies through the platform. In addition, the Company will not be liable for the price, operation of those cryptocurrencies, availability, or security as they are not controlled by it.
8.6. The client understands that cryptocurrencies are not controlled by a financial authority, central bank, government, or legal entity.
8.7. Any digital assets stored in your private external wallets are your responsibility.
8.8. The transactions made to other wallets are the responsibility of the Client. You must always check that you are sending the funds to the correct wallet.
8.9. The Services provided may be interrupted, discontinued, or changed for other Services at any time.
8.10. All transactions will be understood to have been adopted by the User. Therefore, the User will bear all risks related to the actions carried out in the cryptocurrency market.
8.11. The Client understands that for the reasons provided herein in this agreement the access to the account could be temporarily suspended or terminated.
9. INTELLECTUAL PROPERTY
9.1. Except as expressly set out in these Terms & Conditions, you are not entitled, for any purpose, to any of our intellectual property rights. We will at all times retain ownership, including all rights, title, and interests in and to our intellectual property rights.
9.2. Without limiting the generality of clause 9.1., we retain all intellectual property rights over the source code and other technical information relating to Crosschange International OÜ and the provided Services.
9.3. All contents and materials provided by the Company in relation to the services are the property of the Company. This includes logo, graphics, texts, pictures, information, software, files (regardless if they are in oral or written format).
9.4. Crosschange International OÜ will not allow:
9.4.1. Any resale of materials,
9.4.2. Any sale of merchant that is protected by copyright and intellectual property rights.
9.4.3. Modification of materials or official documents it provides the client with.
9.5. You will not acquire or otherwise be entitled to any of our intellectual property rights; make a claim in respect of any of our intellectual property rights or any other equivalent rights; or use, attempt to use, copy, imitate, or modify (whether in whole or in part) any of our intellectual property rights, except with our prior written consent.
9.7. The name, logo, or any other distinctive signs cannot be copied, used, imitated, in whole or in part, without the prior written consent of the Company.
10. SUSPENSION AND TERMINATION
10.1. The Company may refuse to carry out a transaction or reverse it before completion.
10.2. Crosschange International OÜ may, at its sole discretion, block, cancel, suspend, restrict, delete, deactivate or terminate the access to the account or some of the services, including but not limited to the following cases:
10.2.1. Breach of this agreement or any other documents that were accepted by the User.
10.2.2. When notified to the Company or suspicion by the Company that the account is not being used by the account holder.
10.2.3. In the case that the information or documentation submitted in any verification procedures is inaccurate, misleading, incomplete, or has been distorted in any way.
10.2.4. In the case that a verification procedure or an internal procedure has been initiated by the Company and the User refuses to provide the information or leaves the communication unanswered, the measures will be applicable until the information is provided.
10.2.5. Technical failures, errors in the system, or compliance with procedures of supervisory body’s.
10.2.6. Unilateral decision of ceasing the provision of services to the Client.
10.2.7. If the provision of the Services cannot be reasonably continued.
10.2.8. To protect the Company’s reputation.
10.2.9. When required by law.
10.2.10. When requested by a court or an authority.
10.2.11. For security reasons.
10.2.12. When suspicious transactions occur or money laundering, terrorist financing, fraud or any other crime could be going on.
10.2.13. In the event of force majeure.
10.3. The block, canceling, suspension, restriction, deletion, deactivation, or termination of the access to the account can be done without prior notice and without any liability towards the Client.
10.4. In the event that the account has credited funds, the Company will return them to the account of the origin, except in those cases that fraud or misconduct has occurred.
11. DISCLAIMER OF WARRANTIES
11.1. Except as expressly provided for in this Agreement, to the maximum extent permitted by applicable law, the Company does not make any other warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use and non-infringement.The Company herein expressly disclaims and the User waives any warranties.
11.2. The Company is not responsible or liable for the deletion, failure to store, or any loss of any customer data, including blockchain data and FIAT or Cryptocurrency transmitted through use of the Web-Page and/or the Services.
11.3. The Customer is solely responsible for securing its data and Cryptocurrency.
11.4. The Company does not warrant that the operation of the software or the services will be error-free or uninterrupted. When possible, the Company will inform of the periods in which the services will be temporarily unavailable.
11.5. Crosschange International OÜ will not be liable, except as otherwise required by law, for delays, temporary unavailability of services, or failure to perform an obligation under this agreement caused beyond the reasonable control of the Company, including, but not limited to, protocol changes by third-party providers, acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
11.6. The Company is not responsible or liable for any losses or opportunity costs resulting from a temporary interruption of services or from cessation in the provision of some or all Services.
11.7. The user accepts that the cryptocurrency market has factors that are unpredictable as it is a market that is not subject to regulations or financial supervision bodies. This may change over time; therefore, the User agrees that if market conditions change or regulations and supervision bodies appear, he/she will bear the consequences and will adapt to the new conditions.
11.8. User acknowledges that there can be other risks that are unpredictable or unforeseen and therefore agrees to bear such risks that may appear.
12.1 The Client agrees to protect, defend, indemnify and hold harmless Crosschange International OÜ and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of any kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon to Crosschange International OÜ or directly or indirectly arising from:
(i) the Client’s use of and access to this Site or the Services found at this Site;
(ii) the Client’s violation of any provision of the Terms & Conditions or other documents which are incorporated herein or given to the User; and/or
(iii) the Client’s violation of any third-party rights, including without limitation any intellectual property or another proprietary right.
The indemnification obligations under this section shall survive any termination or expiration of the Terms & Conditions or the Client’s use of this Site or the Services found on this Site.
12.2. The Company, its officers, directors, employees, agents, and third-party service providers will not be held liable for any delay in processing a transaction, losses of profits, losses of expected revenues, loss of opportunity arising out or relating to our Services or any loss or damage that does not arise directly from a breach of this agreement.
13. LIMITATIONS OF LIABILITY
13.1. In no event shall Crosschange international OÜ, its officers, directors, employees, agents, and all third-party service providers are liable to the client or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from.
(i) Accuracy, completeness, or content of this site.
(ii) Accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising, or otherwise) to this site.
(iii) The services found at this site or any sites linked (through hyperlinks, banner advertising, or otherwise) to this site.
(iv) Personal injury or property damage of any nature whatsoever.
(v) Third-party conduct of any nature whatsoever.
(vi) Loss of profits or loss of data connected to the use of the services.
(vii) Omissions or mistakes resulting from the client’s actions.
(viii) Any unauthorized access to or use of our servers and/or any and all content, personal information, financial information, or other information and data stored therein.
(iv) Any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising, or otherwise) to this site.
(x) Any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising, or otherwise) to this site.
(xi) Any client content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable and/ or.
(xii) Any loss or damage of any kind incurred as a result of the client‘s use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory and whether or not Crosschange International OÜ is advised of the possibility of such damages.
(xiii) Any failure to perform or loss derived from a force majeure event or an event beyond the control of the Company.
(xiv) Any loss caused by errors in the system with no fault of the Company.
13.2. In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
13.3. In addition, the client specifically acknowledges and agrees that in no event shall the Company’s finance total aggregate liability exceed the total amount paid by the client for the particular services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or the client‘s use of this site or the services found at this site. When dealing with a specific claim the amount to which the Company will be liable will be limited to the transaction in dispute at the time.
13.4. The Company will not be liable for any breach of these terms & conditions, including failure in performance, interruptions or delays in the Service, or any other unpredictable circumstances which arise directly or indirectly from circumstances that are out of the control of the Company.
14. LIMITATION OF WARRANTIES
14.1. The Company does not warrant that the operation of the services will be error-free or uninterrupted. Nevertheless, if this occurs the Company reserves the right to make changes and corrections, without any notice.
14.2. Crosschange International OÜ cannot warrant any amount of time it may take to complete a transaction. The transactions will try to be processed as fast as possible and in a timely manner, but there are factors related to the cryptocurrency which are out of the control of the Company.
14.3. The Company does not warrant that the purchase of cryptocurrency will be possible due to the fact that it has no control over the availability of those.
15. REQUESTS, COMPLAINTS, AND SUGGESTIONS TO THE COMPANY
15.1. Crosschange International OÜ will own exclusive rights of those suggestions, ideas, or information that the Clients provide with regarding the Services.
15.2. The Company will be able to use those ideas, suggestions, or information provided without having to compensate the User for it. The client waives the right to (including copyright or other rights that he may have) be compensated for his ideas or feedback given to the Company. If the Client expects to own rights or be compensated, he must not send a communication to the Company.
16. VALIDITY OF THE AGREEMENT
16.1 The Terms & Conditions contain the entire agreement between Crosschange International OÜ and you relating to your use of the Website, Platform, and the Services and supersedes any and all prior agreements between Crosschange International OÜ and you in relation to the subject matter hereof. In entering into this Agreement, all prior oral and written communications, statements, representations, or warranties (whether made negligently or innocently), except those expressly set out in this Agreement, are left unenforceable, and neither party will have any right or remedy based on them.
16.2. The agreement will enter into force on the date of its publication on the webpage.
16.3. The agreement will be indefinite unless terminated by the Company, mutually agreed by the parties, or terminated by the User when he has no debts.
16.4. In order to terminate the Agreement with the Company, the Client will have to contact the Support Department.
16.4.1. If the client has no debts with the Company, the account will be closed in the system.
16.4.2. If the client has debts, the account will not be closed until those debts have been covered.
16.4.3. In case of having a positive balance in the account, as a result of not having used it to purchase cryptocurrency, the client will have to ask for those funds to be sent back to the Bank account of origin from where they were transmitted.
16.5. Crosschange International OÜ may terminate the Agreement when a breach of these terms or any other cause is assessed in these terms.
17. MODIFICATION, VALIDITY, AND SEVERABILITY
17.1. The parties hereby agree that any invalid or unenforceable terms will be interpreted to the effect and intent of the original text. If such construction is not possible, the invalid or unenforceable terms will be severed from this Agreement remaining the rest in full force and effect.
17.2. If any of the provisions of the Terms & Conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such provision will be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by law.
17.3. We may amend, modify, update and change any of the provisions of the Terms & Conditions, including without limitation as a result of legal and regulatory changes, security reasons, or changes to the Services.
17.4. In case of change, amendment, modification or update the Company will notify the client by publishing a new version on the Website, as well as by informing you on the own platform of the changes or notifying you by email, at the sole discretion of the Company.
18. GOVERNING LAW AND DISPUTES
18.1. You understand and agree that Crosschange International OÜ records shall be the final authority in determining your use of the Services and you shall have no right to dispute Crosschange International OÜ decisions in regard to such matters.
18.2. Crosschange International OÜ customer service department will review your claim and provide you with its decision within 30 business days of submission of your claim or dispute.
18.3. If you do not agree with Crosschange International OÜ decision, you should contact our customer service manager to appeal Crosschange International OÜ decision and promptly provide Crosschange International OÜ with all the relevant evidence in relation to your appeal.
18.4. The Terms & Conditions and the relationship between you and us shall be governed by, and interpreted in accordance with, the laws of Estonia. You irrevocably agree for your and our benefit that the courts of Estonia shall have jurisdiction to settle any suit, action, or other proceedings relating to the Terms & Conditions (“Proceedings”) and irrevocably submit to the jurisdiction of such courts (provided that this shall not prevent Crosschange International OÜ from bringing an action in the courts of any other jurisdiction), and you irrevocably waive any objection which you may have at any time to the laying of the venue of any Proceedings brought in any such court and agree not to claim that such Proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over it.
19.1. Crosschange International OÜ may outsource any or all of the Services it provides under the Terms & Conditions to third parties.
19.2. The rights and remedies provided under the Terms & Conditions are cumulative and not exclusive of those provided by law. We shall be under no obligation to exercise any right or remedy either at all or in a manner or at a time beneficial to you. 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 shall operate as a waiver of those or any other rights or remedies or relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3. We reserve the right to transfer, assign, sublicense or pledge the Terms & Conditions, in whole or in part, 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.
19.4. The Terms & Conditions has been drafted in the English language. 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 which the Company has provided the client with to allow the comprehension of the text.
20. REGISTER OF ECONOMIC ACTIVITIES - OPERATING LICENSED
20.1. Subject field, area of activity
Financial services, Providing a virtual currency wallet service
Start of validity 15.07.2019
The issuer of license: Politsei- ja Piirivalveamet
Financial services, Providing services of exchanging a virtual currency against a fiat currency
Start of validity 15.07.2019
The issuer of licence: Politsei- ja Piirivalveamet
Places of business: Harju maakond, Tallinn, Kesklinna linnaosa, Ahtri tn 6a, 10151
Contact Detail: email@example.com
The web address of the register mtr.mkm.ee