Terms and Conditions of Service and Exchange service agreement
1. Exchange service agreement
1.1 This Exchange services agreement (hereinafter – the Agreement) defines the terms and conditions of the Virtual Asset and Fiat Currencies Exchange Service. This Agreement is an official written public offer addressed to individuals (hereinafter – the User) to enter into the Agreement on the provision of exchange services by the Service on the following terms and conditions and rules of the Service. Before using the services, the User is obliged to familiarize in full with the terms and conditions of the Agreement. Use of the Service is possible only if the User accepts all the terms and conditions of the Agreement. The current version of the Agreement is publicly available on the website of the Service and may be unilaterally changed by the management of the Service without further notice to the User.
2. Terms and Definitions Used in the Agreement
2.1 Crypcie Service (hereinafter – the Service) – Crypcie Service (hereinafter – the Service) is an Internet systеm of providing p2p exchange services for virtual assets and fiat currencies, assisting in p2p exchange transactions between individuals.
2.2 User – any individual who has reached the age of legal majority, who wishes to use the services of the Service and accepts the terms and conditions of this Agreement and the rules of the Service.
2.3 Partner – a person providing the Service with services on attracting Users, the terms of which are described in the Partner Agreement.
2.4 Verification of the card is a verification of the card belonging to its owner. The conditions of verification of belonging are set by the Service, it is performed once for each new account (card) of the User. According to the rules of the Service the number of the card must correspond to the name of the cardholder indicated in the application.
2.5 A virtual asset is a digital expression of value that can be traded digitally or transferred and can be used for payment or investment purposes. In particular, a cryptocurrency.
2.6 Cryptocurrency – a type of virtual asset that is a means of exchange, settlement or has other special features in operation.
2.7 Payment – the act of transferring funds (virtual assets or fiat currencies) from the payer to the recipient.
2.8 Payment systеm is a software product, which is a mechanism for realization of accounting of money and other obligations, payment for goods and services on the Internet, as well as organization of relations between users. Carrying out a transfer is a mandatory function, which must be performed by the Payment systеm.
2.9 Currency Exchange – exchange of one virtual asset or fiat currency for another fiat currency or virtual asset.
2.10 Exchange Rate – the ratio of the value of the two virtual assets or fiat currencies involved in the exchange.
2.11 Currency Reserve – the amount of a certain currency at the disposal of the Service at the moment of creation of the Application.
2.12 Application – a specific Currency Exchange request created on the Service’s website.
2.13 Payment for the Application – the act of transfer of funds under the Application (virtual assets or fiat currencies) to the details provided on the Service’s website on the payment page of a particular Application.
3. Introduction
3.1 The present Agreement regulates the relations between the User and the Service on the services provided by the Service to the User and ensures the agreement between the Service and the User on this subject.
3.2 This Agreement does not cancel the current legislation of the countries of registration and location of the Service and the User, as well as the contractual relations between the User and the Payment systеm(s). In case, if under the terms of the current legislation or other agreements the User can not use the services of the Service, the use of these services by the User is prohibited by these rules and will be recognized as illegal and may lead to blocking of funds. In case of violation of this clause, the Service reserves the right to block the User’s account.
3.3 The User uses the services of the Service and pays for them in accordance with the terms of this Agreement.
4. Subject of the agreement.
4.1 The subject of this agreement is the services of exchange of virtual assets and fiat currencies by means of p2p payments between physical persons.
4.2 Payment systems and/or financial institutions are solely responsible for the funds entrusted to them by the User. The Service cannot be a party to the agreement between the Payment systеm and/or financial institution and the User and in no way bears responsibility for incorrect or illegal use of the Payment systеm possibilities by the User, as well as for abuse of the Payment systеm functionality by the User. Mutual rights and obligations of the User and the Payment systеm are regulated by additional agreements.
4.3 The Service has the right to suspend or cancel the performed operation, if the User violates the terms of this Agreement and the rules of the Service, as well as to refuse further servicing of the User without explaining the reasons for this decision.
4.4 The Service offers its services to all Users and does not supervise the User’s operations in any of the Payment systems.
4.5 The Service has the right to change at its own discretion the terms and conditions of the Loyalty Program and Affiliate Program without notifying the User.
4.6 The Service has the right to suspend or cancel the performed operation, if information about ineligibility of possession is received from the authorized services.
4.7 The Service has the right to cancel the transaction and return virtual assets and/or fiat funds deposited by the User without explanation. Also the Service has the right to block the User’s funds if the User’s prior transactions have been followed by law enforcement authorities.
4.8 Any completed transaction offered as a service by the Service to the User is considered non-cancelable, i.e. cannot be canceled by the User after its completion – receipt by the User of funds due to him under the previously accepted terms of the transaction, expressed in virtual or fiat form.
4.9 The Service is obliged to take all possible and available actions to prevent attempts of illegal trade, financial fraud and money laundering using the services of the Service. These actions inсlude, among other things, to provide feasible assistance to law enforcement agencies in the search and detention of financial terrorists engaged in illegal money laundering activities.
4.10 The User undertakes to:
– exclude any possible assistance to financial fraud, not to use the Service for creation and distribution of pyramids, as well as for realization of other actions contrary to the legislation and legal norms;
– exclude in its practical activities using the Service any actions, the implementation of which may cause direct or indirect harm to the fight against money laundering and legalization of illegally obtained funds;
– exclude any possible assistance to illegal trade and other illegal operations with the use of the Service;
– carry out AML-checking of funds before transferring them as payment for the application.
5. Services of the Service and the procedure for their provision
5.1 Ordering the services of the Service is made by the User by creating an Application through the website of the Service.
5.2 By using the services of the Service, the User confirms that he legally owns and disposes of fiat money and virtual assets participating in the Exchange. This may require proof of lawful possession of the User’s funds. In case of refusal or unsuccessful confirmation of the legality of ownership of funds, the User may be blocked.
5.3 By executing the Application the User authorizes and the Service on its own behalf and at the expense of the User performs actions on exchange of virtual asset or fiat funds of one Payment systеm for virtual asset or fiat funds of another Payment systеm chosen by the User.
5.4 The User is obliged to transfer the virtual asset or fiat currency in the amount specified in the Application, and the Service, after receiving the corresponding virtual asset or fiat currency, is obliged to transfer the corresponding currency to the User within 72 banking hours, calculated at the Exchange Rate and accordingly at the Service’s tariffs.
5.5 The obligation of the Service to transfer virtual assets or fiat currency to the User shall be deemed fulfilled at the moment of debiting the virtual asset or fiat currency in the relevant Payment systеm from the Service’s account registered in the transaction history of the relevant Payment systеm.
5.6 The Service is entitled to set financial and quantitative limits on Transactions. Information about the limits is indicated on the website of the Service.
5.7 The Service has the right to dеlete the Application created by the User and change the Exchange Rate if the funds under the Application in the amount of the initial currency are not received on the Service account within 25 (twenty-five) minutes.
5.8 The Service has the right to re-consider the fixed Exchange Rate of the Application. In this case the Service is obliged to notify the User about it, receive a response from the User regarding the consent to exchange at the revised Exchange Rate or cancel the Order and return the funds to the User.
5.9 The Service has the right to refuse the User to process the Application without explaining the reasons for the refusal.
5.10 In case of suspicious actions in the process of processing the application by the User in order to avoid damage from hacker attacks or other risks, the Service has the right to suspend the execution of such operations until the reasons for these actions are clarified, the User passes the verification or make a refund to the sender’s details according to the rules of the Service.
5.11 The Service has the right to send the User to the email specified during registration information about the status of the exchange, as it is an integral part of the successful completion of the exchange.
5.12 In case the Service fails to fulfill the condition of sending virtual assets or fiat funds under the Application to the details specified by the User within the time allotted by the regulations, having addressed to the support channels of the Service, the User has the right to demand the return of the virtual asset or funds in full, except for the cases specified in this Agreement. A request for the return of virtual or fiat funds may be fulfilled by the Service only if at the time of receipt of such a request the virtual asset or fiat currency has not been sent to the details specified by the User in the Application. The extension of the term of transfer of virtual or fiat funds may be caused by the terms of processing of applications of individual Payment Systems, in this case the Service is not responsible and no refund is made.
5.13 Special conditions of some Payment systems:
– bank payments are processed by the Service within 24 hours, if necessary, the Service may require Verification of the User’s card (account);
– If the amount of cryptocurrency (Bitcoin, Ethereum and others) sent by the User is less than 0.001 in equivalent, the money will not be returned. If the transaction has a commission in the bitcoin network less than 20 satoshi per 1 byte, the Service reserves the right: to recalculate the rate, to make payment for more than 24 hours, to freeze the request until the third confirmation in the network;
– Bank transfers in the direction of Visa/Mastercard in most cases are counted instantly, but in some cases can take up to 5 banking days.
– If the issuing bank charges an additional fee for replenishment of the User’s account, this fee is charged to the User.
5.14 The Service is not a tax agent for the User and will not inform the User about his tax expenses. The User is obliged to pay all taxes required by the tax legislation of the place of his residence.
5.15 The Service accepts funds on different centralized exchanges, such as: WhiteBit, HTX, Binance, Bitexbit, 001K. In case AML-risk on the transaction sent by the user exceeds the permissible value set by one of these platforms, the user’s funds can be blocked by the platform with which the Service works. Service has the right to suspend the exchange/change the terms of the exchange unilaterally, as well as to request the User to undergo identity verification according to the AML KYC procedure, as well as to provide video, photo, documentary evidence of the origin of funds. In such case the User’s funds cannot be exchanged/returned until he/she passes the identity verification and provides all the necessary data (AML rules on the respective page of the Service website are the primary source and have priority in relation to this clause of the Agreement).
5.16 If the User fails to provide the verification data requested by the Service, current details for payment of funds or other necessary information in accordance with the rules of the Service within 10 days from the date of payment of the application, the Service has the right to charge up to 2% commission per day from the exchange amount.
5.17 The Service can make a refund only if the User provides all data about the Application (Application ID, e-mail specified in the Application, name, phone number, etc.) from the contact information (e-mail) specified in the Application.
5.18 If the User has paid for the Application, but due to his own circumstances wishes to refuse the exchange, then the refund is made less 5% of the amount of payment for the Application, commission within the Payment systеm network and the difference of the exchange rate (if the exchange rate has changed by more than 2%).
5.19 The refund is made within 24 working hours after the receipt of a respective request from the User. The User cannot request a refund on an already executed request.
5.20 The service does not serve tax residents of the following countries, regardless of their location: Cuba, North Korea, USA, Canada, Australia, Myanmar, Pakistan, Afghanistan, Iran, Iraq, Syria, Lebanon, Bahrain, Qatar, Kuwait, Saudi Arabia, Oman, Yemen, Palestine, Eritrea, Libya, Liberia, Sudan, Democratic Republic of Congo, Cote d’Ivoire, Somalia, Guinea, Sierra Leone, Algeria, Nigeria, Ethiopia, Cook Islands.
5.21 The Service does not serve residents of countries under sanctions: Russian Federation and the Republic of Belarus, regardless of where they are located. In case of detection in the User’s application of contact data belonging to the countries under sanctions, the Service can request replacement of such data or refuse to exchange it. If the User refuses to rеplace the data, the refund is made in accordance with paragraph 5.18 of the Service Rules. In case of payment of the Application by the User – resident of the country under sanctions, the User’s funds may be blocked.
In case the funds sent by the user belong to sanctioned clusters such as CommEX, Garantex, Wasabi Wallet, EXMO.me and others, such funds are likely to be blocked for an indefinite term.
5.22 The Service can refuse the User in the exchange in case of violation of the exchange procedure by the User (violation of agreements, ignoring the Service representatives, creation of threatening conditions for the exchange, etc.). Refunds are made in accordance with paragraph 5.18 of the Service Rules and taking into account the expenses incurred by the Service as a result of the User’s actions.
6. Liability of the Parties
6.1 The Service is liable to the User in the amount not exceeding the amount of fiat funds or virtual assets entrusted by the User.
6.2 The Service is not responsible for the User’s losses caused by unauthorized actions of third parties.
6.3 The Service is not responsible for malfunctions, errors and failures in the operation of Payment systems, software and / or hardware that ensure the functioning of the Service services, which occurred for reasons beyond the control of the Service, as well as related losses of the User.
6.4 The information about the transaction is stored in the Service database and is the primary source, which the parties to the Agreement use as a reference in dispute situations.
6.5 The User is solely responsible for the accuracy of the information provided by the User while filling out the application, as well as for the correctness of payment for the application (including filling in the details when paying the application; choosing the correct network when paying the application; specifying all the details when paying the application provided by the Service website on the application payment page, etc.).
In case of the User’s mistake while paying the application (sending funds for the application), the User’s funds may be lost. In this case it is impossible to return the funds back.
The Service is not responsible and does not cover the damage caused as a result of incorrect use of the Service by the User, as well as the User’s mistakes made while filling in the exchange form and making payment for the application.
The Service has the right to charge the User any amount of funds necessary to cover the costs of the Service, resulting from the User’s mistake while making payment for the application, as well as as a result of the Service’s attempts to correct such mistakes of the User.
6.6 The Service bears no responsibility for the User’s losses, lost profits or any other expenses incurred due to their inability to access the website or the Service.
6.7 The Service is not responsible for any damages, lost profits or any other User’s expenses caused by delays, errors, or failures in processing any bank transfers or transfers of virtual assets.
6.8 The Service is not responsible for exchanging the User’s funds for the benefit of third parties. The Service recommends conducting transactions only with the wallets and accounts to which the User has full access.
6.9 The parties are relieved of responsibility for full or partial failure to fulfill their obligations under the Agreement if such failure was caused by force majeure events that occurred after the Agreement came into force, as a result of extraordinary events, which could not have been foreseen and prevented by reasonable measures.
6.10 Neither the User nor the Service shall be liable to each other for delays or failure to fulfill their obligations resulting from force majeure events, including natural disasters, fire, floods, terrorist acts, hostilities, changes of government, civil unrest, as well as the functioning of the Payment Systems, power supply systems, networks and Internet service providers.
7. Personal Data
7.1 The User gives their consent to the Service to collect, process and store their personal data. The Service stores the User’s personal data for the period necessary for the purposes of collection, processing and storage of such data.
7.2 The Service provides confidentiality of information about the User and his operations. The Service can provide this information only at the request of authorized state bodies, officials or representatives of Payment systems in the presence of legal grounds.
7.3 Privacy Policy on the respective page of the website of the Service is the primary source and has priority in relation to this section of the Agreement.
8. Other Provisions
8.1 Information on the site, including images, text information, program codes, etc., is the property of the site and protected by copyright laws. Each case of unauthorized copying (in whole or in part) may be prosecuted under applicable law.
