General terms and conditions of icryptex.com
(“Terms and conditions”)
The present terms and conditions contain a transaction agreement governing the exchange of cryptocurrencies for fiat currencies and vice versa, as well as for other cryptocurrencies (“Agreement”), and represent a contract between You (“You”/”User”) and CM and/or its branch-offices and/or subsidiaries (“CM”, “we”, “us”) and it refers to your use of: (a) CM’s platform ICX and all connected CM-host websites (under thecommon name of “website”, and (b) any other service offered by CM (together with the pages “Services”) on the Platform.
1.1. By accessing or using the Service, filling out the transaction form and/or by using the Platform in any other way, you agree to these Terms and all pertaining Agreements and Policies. If you disagree with any of these Terms and Conditions, you shall not be able to use any of the services.
1.2. Every time you access or use any of the Services you agree to a payment of a fee as stated under Section 14 of the present Terms and conditions or in any other way on the website. By starting the process of transaction you manifest your understanding and consent to the payment of a fee and the exchange rate of cryptocurrencies for fiat currencies and viceversa, and for other cryptocurrencies.
1.3. We reserve the right to change these Terms and conditions at any time by disclosing modified Terms and conditions on the ICX website, and such modifications enter into force at the moment of disclosure.
1.3.1.By continuing to access or use the ICX website or the Services after we disclose the amended Terms and conditions, you accept that you are subject to them. In case you disagree with any of the amended Terms and Conditions, you must cancel your CM transaction and stop using the ICX website and its Services.
1.3.2. You further agree that we can (a) amend or cancel any part of our Services and (b) suspend or cancel your access to the Services at any time without prior notice. You agree to not hold us liable to you or to any other third party for any modification and/cancellation of Services, or suspension or termination of your access to the Services, unless otherwise stated.
1.3.3. The most recent version of the present Terms is available at the website https://icryptex.com/tos/
1.4. By accessing or using the Services you declare and guarantee that you are able and / or consent to enter into this Agreement under the present Terms.
1.5. The expressions used not otherwise defined in the context are defined at the end of this Agreement. For all expressions not defined by these Terms, their normal traffic meaning in the same or similar transactions or internet jargon shall be held relevant.
2.1. The Services are subject to Terms and conditions and provisions of the Agreement.
2.2. You can initiate a transaction of exchange of cryptocurrency for fiat-currency, transaction of exchange of fiat-currency for crypto-currency, or transaction of exchange of cryptocurrency for other cryptocurrency on the Platform.
2.2.1. If you engage in a transaction, the moment when you confirm transaction execution shall be considered as the moment of risk transfer and irrevocability.
2.2.2. All transactions are subject to review. We can accept or reject the proposed transaction for any reason or for no reason at all.
2.3. Mechanism of sale transaction (you send crypto-currency and receive fiat- currency)
2.3.1. In order to initiate a sale transaction you need to:
- demand a transfer of cryptocurrency into CM’s wallet according to the exchange rate,
- set a name and a bank account of the recipient who needs to deposit the fiat- currency,
- confirm your transaction and enter your email address and the data under Article 4 of the Terms.
2.3.2. Once you have confirmed your transaction, it cannot be cancelled. All cryptocurrencies received by CM become property of CM in the moment of their receipt into CM’s wallet. All Fiat currencies received by CM become property of CM in the moment of their receipt into CM’s bank account.
2.3.3. Upon receipt of a specific amount of the cryptocurrency we shall pay a specific amount of fiat-currency according to the exchange rate, reduced by the fee, on the recipient’s account.
2.3.4. You and, if applicable, the specific recipient, shall be notified of a successful transfer of fiat-currency on the recipient’s account and of a duly completed transaction.
2.4. Mechanism of sale transaction (you send fiat-currency and receive crypto- currency)
2.4.1. In order to initiate a sale transaction you need to:
- confirm the exchange rate valid for the exchange period within 15 minutes of the opening of the transaction, which shall determine the amount of the fiat-currency to be transferred to CM as well as the amount of the cryptocurrency to be transferred to the buyer’s account
- set a wallet to which the cryptocurrency shall be stored
- confirm your transaction and enter your email address and data under Art. 4 of the Terms.
2.4.2. Upon your confirmation of transaction, you shall receive instructions on how to send the fiat-currency to CM. After your payment, you shall not be able to cancel the sale transaction. All received fiat-currencies become property of the company CM in the moment of receipt.
2.4.3. Upon receipt of the fiat-currency we shall pay a specific amount of cryptocurrency according to the exchange rate, reduced by applicable fee, to the wallet in question.
2.4.4. You shall be notified of a successful transaction and of a duly completed transaction.
2.5. Mechanism of cryptocurrencies exchange transaction (you send cryptocurrency and receive a different cryptocurrency)
2.5.1. In order to initiate a transaction of cryptocurrencies exchange you need to:
● demand a transfer of cryptocurrency into CM’s wallet according to the exchange rate,
● set a wallet to which the other cryptocurrency is to be stored,
● confirm your transaction and enter your email address and the data under Article 4 of the Terms.
2.5.2. Once you have confirmed your transaction, it cannot be cancelled. All cryptocurrencies received by CM become property of CM in the moment of their receipt into CM’s wallet.
2.5.3. Upon receipt of a specific amount of the cryptocurrency we shall pay an amount of other cryptocurrency according to the exchange rate, reduced by the fee, to the recipient’s account.
2.5.4. You shall be notified of a successful transfer of cryptocurrency to the wallet and of a duly completed transaction.
3.1. Transaction-wise, we shall try to verify the validity of the recipient’s account or wallet; however, it is your own responsibility to ensure that the recipient’s account or wallet belongs to your intended recipient. If we are not able to deliver a particular fiatcurrency or cryptocurrency to a particular account, the transaction shall be suspended, and CM shall not be held liable in any way for the reduction of value of the fiat-currency or cryptocurrency.
3.2. If we terminate a transaction for any reason whatsoever, CM is only obliged to refund the same nominal amount it received for the cancellation of transaction, except in the case of the transaction’s irrevocability as noted in provisions 2.3.2. of this document.
3.3. We reserve the right to refuse to process or cancel any pending transaction as required by law or as a response to a court order or other request by the competent authority.
3.4. CM cannot cancel any transaction transferred and confirmed by the cryptocurrency net.
3.5. Keep in mind that the transfer of cryptocurrency may not be instantaneous. After you submit your request to transfer the cryptocurrency to CM, or we submit our request to transfer the cryptocurrency to your wallet, the transfer shall not be confirmed for a certain time. A transfer is not completed while in standby mode. The cryptocurrencies associated to standby transfers shall not be included in your balance, nor available for execution of transaction.
3.6. The risk of loss of storing cryptocurrencies can be significant: the price or value of a cryptocurrency can be quickly changed, reduced and potentially it can even drop to zero. After your confirmation of transaction, cryptocurrency exchange rate modification may occur during the transaction period. CM shall not be held liable for the above stated, and by accepting these Terms you expressly and irrevocably agree that the cryptocurrencies exchange rate modifications, while the transfer is underway, shall not be a liability of CM.
3.7. Transferring fiat-currencies from a bank account may not be instantaneous. After your bank receives a request to transfer the fiat currency to CM, the transfer shall be unverified over a certain period of time. A transfer is not completed while in standby mode. Fiat-currencies associated with transfers that are in standby mode shall not be included in your account balance, nor available for transactions.
3.8. You accept the risk that a transaction may be delayed for any reason, for force majeure, for inability of functioning of a computer systеm, internet, etc., and you accept that CM is not liable for any damage or actions that might arise from or are related to such delays.
4. TRANSACTION APPLICATION
4.1. In order to use any of the Services, you must enter the required information on the ICX platform or deliver them to us directly through any of the other Platform contact channels.
4.2. To make a purchase you shall be asked to enter some or all of these data:
- full name;
- physical address;
- e-mail address;
- date of birth;
- telephone number;
- identification and verifification of your wallet or account from which you shall transfer the cryptocurrency or fiat-currency;
- a copy of your ID card, passport or other national identification document;
- statement of Origin of Funds;
- statements on political exposure;
- statement of real owners;
- purchase orders;
- other information that can be requested from time to time.
4.3. All the information you provide must be complete and accurate in all respects. It is your responsibility to immediately updаte any incomplete or incorrect information provided to CM.
4.4. All the information you provide is subject to our own review and verification by our independent associates. You hereby authorize us, either directly or through third parties: (i) to make any inquiries we deem necessary to confirm your identity and / or the submitted information; and (ii) to request and receive any part of a report on you, your rating or similar information which refer to you, and to take measures we deem reasonable on the grounds of the results of such inquiries and reports, including cancellation of the transaction which shall not be considered to be the fault of CM.
4.5. All personal data you submit is subject to record by CM for a statutory period (or any other period that CM may determine to comply with the valid business practice) and is archived with the keeping of records.
4.6. CM may be banned from providing services or engaging with certain individuals and entities based on mandatory legal regulations. In the event that we are obliged to block the assets associated with your transaction in accordance with our internal acts or other mandatory rules, we may (i) block the User’s activity, (ii) block and retain the cryptocurrency or fiat currency sent to us in a manner determined by the relevant authorities, or (iii) other such or similar steps that are necessary to protect the company or third parties in good faith. The Company is not liable for any losses, either directly or indirectly, that may arise as a result of our compliance with applicable laws, guidelines or instructions of any regulatory body or other competent state body or any letter, pledge, fee, court order etc., if it is regulated by applicable regulations or acts.
4.7. Due to the many factors involved in our transaction evaluation, we reserve the right to refuse any demand for the proposed transaction or to limit it for any reason, or for no reason at all, all in our sole discretion.
5.SAFETY AND NON-AUTHORIZED USE
5.1. Only you can use your identity and transaction account. You may not disclose your information to any other person.
5.2. You are responsible for all transactions taking place using your information.
5.3. You are responsible for maintaining adequate security and control over all your sign-ups, passwords, tips, personal identification numbers (PINs) or any other codes you use to access the Services or when using the Service. Any loss or damage to the above stated information and / or your personal data may result in unauthorized third- party transactions and the loss or theft of any cryptocurrency and / or fiat currency which reflects on any associated account, and for which CM is not liable.
5.4. CM is responsible for updating its e-mail address and other contact information in order to receive notices or warnings on the aforementioned. We do not assume any liability for any loss you may incur by endangering your personal information or non- complying to any notices or warnings we may send to you. If you believe that an unauthorized transaction has been executed, contact us directly with transaction details on email@example.com.
6.1. CM reserves the right to determine and change the transaction restrictions at its sole discretion.
6.2. We can reliably consider that the ordered transfer or transaction is authorized if they are made from your bank account or wallet. We are not required to receive a written confirmation of any transaction instructions. CM shall not be held liable for any unauthorized use of a User’s account or wallet.
6.3. We are not able to suspend or modify any transaction for any reason whatsoever, if it has been already executed.
6.4. Cash transactions
6.4.1. In the event that a User makes a cash payment on his behalf and on his account within the Republic of Croatia to our bank account at “Bank abbreviature” (Bank Name/ Bank Name) with main office in “Bank Address”, CM shall accept it only on condition that the User has previously opened a valid account in the “Bank Name” and that he / she executes payments from the stated bank account in this bank’s branches.
6.4.2. In case of a cash payment under the previous item, that has not been carried out in accordance with the provisions of Art. 2 of these Terms, CM shall execute a refund only if the User delivers the following from the email used to open invalid transactions:
- a copy of the payment receipt and a copy of bank account card or,
- if this is not possible, a copy of the ID card with a visible OIB/PIN number and a copy of the bank account card.
In the event that a third party executed the payment in his name and for the account of the User, and the User disposes of:
- confirmation of payment of funds;
- a copy of the third party’s bank account card;
- a copy of the third party’s ID card with a visible PIN/OIB
CM shall execute a refund to a third party if the Customer delivers from the e-mail address used for the opening of invalid transaction (in addition to the documents referred to in items 1-3 of the previous paragraph) a self-signed statement by which the third party requests a refund of the funds paid but no more than EUR 1.000,00 (a thousand EUR) during a period of 90 days, CM shall carry out the stated request only if the third party beforehand opens a valid account at HPB d.d. to which it is possible to carry out the refund.
7.1. Transaction price is exempt from value added tax in accordance with the provisions of Article 40, Paragraph 1, Item d) of the Value Added Tax Act, but the sale or acquisition of the cryptocurrency is subject to other applicable fees and taxes in accordance with the applicable regulations.
7.2. It is solely your responsibility to determine whether and to what extent any tax applies to any transaction related to your receipt or transfer of the cryptocurrency and / or transaction you perform through the Service, and to collect, report and pay the correct amounts of tax to the competent tax authorities. The history of your transactions is available upon an e-mail request. CM is not authorized to give advice in respect of your tax liabilities and excludes any responsibility should a liability arise from the above-stated basis arises on the grounds of CM’s allegation.
9) USE OF WEBSITE
9.1. Upon request, we grant a limited, non-exclusive, non-transferable license, in accordance with these Terms, for the access and use of the Website and the content, materials, information and functionality available (collectively, “Content”) solely for informational, transactional or other purposes. Any other use of the Website or Content is strictly prohibited. All other rights on the Website or Content are the sole right of CM. We reserve all rights on the Page and Content, and you agree that these Terms and Conditions do not grant any rights or licenses to the Website or Content, except for this explicit, limited license.
9.2. In an effort to provide you with a complete and accurate information, information may be changed or updated without prior notice from time to time, including without limitation, information about our policies, products, and Services.
9.3. The Website may, from time to time, contain references or links to third party materials (including, but not limited to, Websites) that are not under our influence. We provide such information and links as a convenience. Such links shall not be considered as an endorsement of any such site or its content, product, or information provided on such sites, and such reference does not imply our recommendation, approval, connection or sponsorship of the corresponding property, product, service or process. You accept that we are not responsible for any aspect of the information or content contained in any third-party material or third-party websites available or connected to these pages, including, but not limited to, content, merchandise, or services available on affiliated websites.
9.4. CM is not liable for any damage or interruptions caused by malware. We advise you to regularly use renowned and easily accessible screening and virus prevention software. The users are aware that the e-mail service is vulnerable to security and phishing attacks, and should carefully review the e-mails for which they believe are sent by CM.
10. SERVICE SUSPENSION AND CANCELLATION/ ACCOUNT CLOSING
10.1. CM may suspend, restrict or terminate the provision of Services (entirely or in part) and / or block the transaction and / or the User without informing you and without any liability under the following circumstances:
10.1.1. if it also requires a valid court order, judgment or resolution;
10.1.2. if we are aware or have reason to believe that your data or service is being used in unauthorized, illegal, inappropriate or fraudulent practices or for criminal activity (or have been used for that reason in the past);
10.1.3. if you take any action that CM considers as circumventing CM’s controls and transaction verifications or the User;
10.1.4. if you do not meet any of the Terms relating to the Services, including the conditions of these Terms;
10.1.5. if you engage in any activity that we believe may damage or affect the functioning or security of the Services; or
10.1.6. for reasons beyond our control.
10.2. In the event of a technical problem causing errors in the systеm, CM may temporarily suspend access to the Platform until the problem is resolved.
11) YOUR RESPONSIBILITIES
11.1. You agree to abide by these Terms and use the Services in accordance with them and the applicable laws.
11.2. You state that you shall not:
11.2.1. copy, transfer, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in transfer or sale, create derivative works, run, display, embed in another website or otherwise use any of the Content or any other part of the Website or any of its derivative works, in whole or in part, for commercial or non-commercial purposes, except as expressly stated herein;
11.2.2. link the display of the Website or Content (or any part thereof) to any web- Website or as part of any other work or Website without a prior written permission by CM;
11.2.3. use the Services or any device or software in any way that could disable, overload, damage, or interfere with the use of the Services or any other part of the Services, including their ability to connect through the Services in real time;
11.2.4. use any robot, crawler or other automatic device, process or access devices for any purpose, including tracking or copying of any material on the Website;
11.2.5. import any malicious software on the Website or CM systеm;
11.2.6. attempt to access, interfere, damage in an unauthorized manner, any part of the web Website, server on which the Website is stored, or any server, computer or database related to CM systеm;
11.2.7. violate or assist any party to violate any law, statute, rule book, regulation or rule of any public body and / or organization (e.g. laws and regulations governing financial services, controlled substances, illegal gambling etc.);
11.2.8. violate copyrights, patents, trademarks or intellectual property rights of CM or any third party;
11.2.9. act as a payment agent or aggregator or otherwise resell any of the Services.
11.3. We reserve the right to always monitor, review, retain and / or disclose all the information necessary to comply with all applicable laws, regulations, legal procedures or requirements of the competent authorities.
12) LIABILITIES AND EXCLUSIONS
12.1. You agree to compensate for damages CM, its affiliates or affiliated companies as well as its authorized persons and employees, contractors, dealers, licensees and suppliers against all claims arising from damages and losses, costs or fees (including reasonable attorney fees) arising from or related to any transaction, your violation of these Terms, or your use of the Platform, content or Service.
13.1. These Terms (which may be amended) make a legally binding contract binding you and your personal heirs and proxies. These Terms and Transactions are subject to Croatian law, and the jurisdiction of the competent Court in Zagreb is hereby contracted.
13.2. You may not transfer this Agreement to any other person through a contract or otherwise.
13.3. Delay in exercising any rights or remedies under these Terms or Agreements does not act as a waiver o and does not prevent their further execution.
13.4. If any arbitration, court or administrative body determines that any provision of this Agreement is invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and any provisions not affected by the afore-mentioned shall remain in full force and effect.
13.5. By doing so you guarantee that any cryptocurrency or fiat currency you use in connection with the Services is in your sole ownership or that you are properly authorized to perform transactions using these cryptocurrencies or fiat currencies.
13.6. Website, Services and the entire Content including, but not limited to, all information, software, text, display, images, video and audio, design, selection and layout) and all copyrights, trademarks and other intellectual property rights contained in them, are the property of CM, its licensors or other providers of such material. You agree that you shall not exercise any rights on them.
13.6.1. CM, its logo, and all related names, logos, product and service names, design and slogans are trademarks of CM or its affiliates or licensors. You may not use these labels without a prior written permission of CM. All other names, logos, product names and services, designs and slogans on the website are trademarks of their respective owners.
13.8. All correspondence between CM and you will be exclusively in Croatian or English. CM will not respond to any request or inquiry made in languages not listed in this article.
The following definitions apply to this Agreement:
“Cryptocurrency” is a digital good used as a means of exchange using cryptographic algorithms to perform financial transactions, control the creation of additional units and verify the transfer of funds.
“Exchange period” is the time for which it is guaranteed that exchange rate will remain the same.
“Exchange rate” is the rate at which crypto-currency are exchanged for fiat currencies, fiat currencies for cryptocurrencies and cryptocurrencies for cryptocurrencies, and is valid for the exchange period. The rate is determined for each transaction.
“Harmful programs” mean computer viruses, spyware, scareware, trojan horses, worms, or other malware that may affect your computer or other equipment.
“Fiat Currency” is the money that is issued by the central bank a country or a monetary uniоn and represents a legal instrument of payment.
“Service” is a service provided by CM for the exchange of cryptocurrency for fiat currency and vice versa, and for other cryptocurrencies under the terms and conditions of these Terms.
“Page-Website / Platform / ICX” refers to the web pages and related communication channels through which CM operates.