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Terms Of Service

 

 

  1.  INTRODUCTORY PROVISIONS
  • These  are the Terms of Service (hereinafter referred to as the “Agreement”, “Terms”) on which APANAST SP. Z O.O., a company incorporated under the laws of the Republic of Poland with registration numbers NIP : 7252342459 and KRS : 0001099608  (“We”, “Us”, or “Our” and ” APANAST’’ as applicable), having its business address at: Piotrkowska Street, No. 116, Unit 52, Łód,90-006, Poland (referred to as “Company”, “Xchange” “We” “Our” or the “Website”) will provide services to you (“You”, “Your” “Client” “User”) related to virtual assets.
  • Please read this Agreement carefully before you start to use our Services. This Agreement (always together with the documents referred to in it) tells you who We are, how We will provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and/or other important information. If you think that there is a mistake in this Agreement or require any changes, please contact Us at [email protected].
  • For the purposes of this Agreement, both the Company and the Client shall collectively be referred to as the parties.  
  • By visiting our Website and/or using our Services, you agree to be bound by these Terms (including Additional documents referred to above). If you do not agree with above, please do not use our Services.
  1. DEFINITIONS
  • Application: an online request submitted by the legal entity to the Company through the Website or using contacts allocated on the Website.
  • Apanast account means the account you have opened with Us in accordance with these Terms.
  • Commission: the fee the Company withholds for the Services provision.
  • Services: means all products, services, content, features, technologies or functions offered by Us and all related website.
  • Exchange Rate: the value of one currency in the terms of another currency, shown in the Account at the moment of making an Exchange Operation.
  • Exchange Operation: the Company Service allowing the Client to swap one currency (fiat or cryptocurrency) for another.
  • KYC Procedure:  stands for “Know Your Client” and means a process carried out by the Company to obtain information about the Client identity thereby ensuring compliance with the applicable legislation.
  • Transaction: fiat or crypto payment to/from the account
  • Virtual Currency: means the currency which you send to/receive from Us that is not Fiat Currency.
  • Wallet: means a cryptographic storage solution that permits You to send, receive, and/or store Cryptocurrency.
  1. WHO CAN USE OUR SERVICES
  • If you are an individual, you must be 18 years or older to use our Services and by opening a Apanast Account you declare that you are 18 years or older. We may ask you at any time to show proof of your age.
  •  If you are not a private customer, you confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.
  • Your use of Apanast Account must not violate any applicable laws. You commit to Us that your opening and/or using of a Apanast Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.
  1. YOUR XCHANGE ACCOUNT
  • Your Apanast is not a financial account — you cannot hold Fiat Currency with Apanast. Nor is it a blockchain wallet — you cannot hold Cryptocurrency with Apanast . Your Apanast Account is a profile which you must set up before you can use Our Services.
  • Your Apanast Account allows you to pay Fiat Currency to buy Cryptocurrency into a blockchain wallet, or to sell Cryptocurrency from your blockchain wallet and withdraw Fiat Currency.
  • Certain limits may be placed on your Apanast Account depending on your country of residence, verification checks or other legal considerations. Please contact Us at [email protected]. if you have any questions about these limits.
  • Unless you have Our consent in writing, you must not allow anyone to operate your Apanast Account on your behalf;
  • You may only have one Apanast Account.
  1. KYC PROCEDURES
  • We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, your recipient) in order to provide any Services to you. You agree to comply with any request from Us for further information and provide such information in a format acceptable to Us. In addition, you agree that We may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to Us, including checking commercial databases or credit reports. You authorise Us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your Apanast  Account with Us or in the event of a dispute relating to these Terms and activity under your Apanast Account.
  • To open an Apanast Account we require you TO:
  • read and agreed to the Terms and our Privacy Policy;
  • opened your Apanast Account provide us with all requested KYC documents;
  • verified your Apanast Account.
  •  To verify your Apanast Account you should pass a verification procedure.
  • All information you provide to Us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
  • All activities under a Apanast Account shall be deemed as activities carried out by the registered user. You shall only use the Services to transact on your own account and not on behalf of any other person or entity.
  • You may only open one Apanast Account unless We have agreed in writing the opening of additional accounts. Apanast refuses the creation of duplicate accounts for the same user. Where duplicate accounts are detected, We may close or merge these duplicate accounts at Our sole discretion.
  1. BUYING CRYPTOCURRENCY USING YOUR APANAST’S ACCOUNT
  • To purchase Cryptocurrency for Fiat Currency with the use of the Service, you need to log into your Apanast Account and follow the steps as they appear on screen in order to place a Cryptocurrency Purchase order. For clarity, We will receive your Fiat Currency payment as payee and We are not a payment services provider.
  • You may be presented with one or more methods of upload for example, bank transfer, credit cards or debit cards (hereinafter “Payment Methods”). The number of Payment Methods made available to you will depend on a number of factors including where you live and your verification status with Us. Payment Methods are not part of our Services, they are services provided by third parties for example, the card provider which issued you with your credit/debit card. We cannot guarantee the use of any particular Payment Method and may change or stop offering a Payment Method at any time without notice to you.
  • Any payment instrument (for example, the credit card or debit card) that you use with your chosen Payment Method must be in your name.
  • Chargebacks on your payment instrument. If you selected a Payment Method which gives you chargeback rights (for example in relation to your credit card, you may ask your card provider to reverse a transaction on your card), you acknowledge and undertake that you will only exercise this chargeback right if:
  • we have breached these Terms; or
  • there was an unauthorised use of your payment instrument.If we need to investigate or take any actions in connection with a chargeback raised by you, we may charge you for our costs in doing so.
  • Once we have received your Cryptocurrency Purchase order, We will send you a confirmation by email. Each Cryptocurrency Purchase order is given a unique transfer number and is shown in the transaction history on your Apanast Account. You should quote this transfer number when communicating with us about a particular payment order.
  • We may place limits on the amount you may send per transfer.
  • If your payment order is received by us after 5pm on a Business Day or not on a Business Day, your payment order will be deemed received on the following Business Day.
  • We will only process your Cryptocurrency Purchase order if We have received sufficient cleared funds from you. It is your responsibility to fund your payment order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.
  • As a rule, we execute your Cryptocurrency Purchase order instantly after we have received sufficient funds from you.
  • We carry out verification checks, and these checks may increase the time it takes to process your Cryptocurrency Purchase order. We cannot be responsible for any delays as a result of carrying out those checks. The estimated time it will take us to process of your Cryptocurrency Purchase order is notified to you when you complete the setup of your payment order.
  • If we are unable to complete your Cryptocurrency Purchase order, we will let you know and, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, we will not notify you if such notification would be unlawful. We will refund your Fiat Currency payment to the payment account from which you sent it, as long as we are permitted to do so under applicable laws.
  • You cannot cancel your Cryptocurrency Purchase order once your payment account provider has executed the Fiat Currency payment to us.
  • You must make sure that the information you provide when making a Cryptocurrency Purchase order is accurate. If we have processed your order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake. Cryptocurrency Purchase order will be executed and funds will be transferred to the Wallet indicated by You.
  • If you provide incorrect exchange information with your Cryptocurrency Purchase order, we will use reasonable efforts to convert the incorrect Cryptocurrency into the correct Cryptocurrency, or to increase or decrease the size of the Cryptocurrency Purchase order to match the Fiat Currency payment you have made to us, and may need to charge you a fee for that.
  • Payments to Apanast are payments to purchase Cryptocurrency. As such they should not be treated as ” cash advances” by your card provider. If your card provider decides, as some have in the past, to treat payments from Apanast as “cash advances” that is a matter entirely between you and your card provider. We suggest you monitor charges on your card to ensure this is not happening, and if it does to challenge your card provider and/or use an alternative card for crypto transactions. In any event Apanast is not liable for any decision of your card provider to act in this way.
  1. EXCHANGE RATES
  • Apanast uses a number of sources to determine the price at which it sells or buys Cryptocurrency. For example, the last-traded price from a major exchange may be used (with a small spread applied, to account for the spread in the order book and slippage). Apanast strives to provide you with competitive pricing and transparency.
  1. FEES AND CHARGES
  • The Company provides the Services on a fee basis. This means that for the Services, the Company delivers to the Client, it retains Commission.
  • The Company may charge the Client with additional expenses including but not limited to miner commission, network commission, etc., from time to time as could be applicable.
  • If you have any questions related to the fees and charges please contact US at [email protected].
  1. CLOSING YOUR APANAST ACCOUNT
  • You may close your Apanast Account at any time. You may cease to be bound by these Terms and close your Apanast Account at any time by contacting Us at [email protected]..
  • You must not close your Apanast Account to avoid an investigation.
  • You agree that you will continue to be responsible for all obligations related to your Apanast Account even after it is closed.
  1. SUSPENSION AND TERMINATION OF THE ACCOUNT
  1.  We may terminate the agreement between you and Us under these Terms by giving you two months notice. We may end this Agreement and close your Apanast Account or any service associated with it by giving you two months’ prior notice.
  2. We may suspend or close your Apanast Account without notice in certain circumstances. We may at any time suspend or close your Apanast Account and/or end agreement between you and Us under these Terms without notice if:
  3. you breach any provision of this Agreement or documents referred to these Terms;
  4. we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
  5. we have reason to believe you are in breach of any applicable law or regulation; or
  6. we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity
  7. We may suspend your Apanast Account for security reasons. We may suspend your Apanast Account or restrict its functionality if we have reasonable concerns about:
  8. the security of your Apanast Account; or
  9. suspected unauthorised or fraudulent use of your Apanast Account.
  10. We will give you notice of suspension where possible. We will give you notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
  1. BANNED ACTIVITIES
  1. The Website and Services can only be used for lawful purposes.
  2. Do not use the Website and any other Products in such a way that violates Republic of Poland, another country, or international laws or regulations.
  3. Do not use the Website and Services to exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  4. Do not use the Website and the Services to send or receive or otherwise handle materials which do not comply with these Terms and Conditions.
  5. Do not use the Website and the Services to republish, redistribute or retransmit any data from any of our communications and analytics our permission.
  6. Do not use automated means to access the website for any reason.
  7. Do not create any financial product or service based on Services.
  8. Do not attempt to interfere with the proper working of the Website.
  9. Do not use the Services or Website in any way not expressly permitted by these Terms and the Services must be carried out lawfully and not in such a way that could damage our reputation or those of our affiliates or partners.
  1. INTELLECTUAL PROPERTY RIGHTS
  1. While you are using our Services, you may use Apanast Materials only for your personal use and solely as necessary in relation to those Services.
  2. “ Apanast Materials” include any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by Us or our affiliates to you, or available for download from our Website. You may not, and may not attempt to, directly or indirectly:
  3. transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the Apanast’s Materials to any person or entity;
  4. remove, obscure, or alter any notice of any of our trademarks, or other intellectual property appearing on or contained within the Services or on any Apanast’s Materials;
  5. modify, copy, tamper with or otherwise create derivative works of any software included in the Apanast Materials; or
  6. reverse engineer, disassemble, or decompile the Apanast Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Apanast’s Materials or as part of the Services.
  1. COMPANY LIABILITIES
  1. We are responsible to you for foreseeable loss and damage caused by us. If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your account sign up process.
  2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
  3. We are not liable for business losses. If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  4. We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services.
  5. We have no control over websites linked to and from our Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.
  6. We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.
  7. You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/ or your use of our Services, you agree to compensate Us and our affiliates and hold Us harmless. This provision will remain in effect after our relationship ends.
  8. In the event you are liable for any amounts owed to us, you agree to reimburse us. We may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.
  1. CLIENT LIABILITIES
  1. The Client is responsible for all activities that occur in the Account, regardless of whether the activities are authorized by the Client or performed solely by his employees, affiliates, agents or any other third parties.
  2. Security and Backup. The Client is responsible for properly configuring and using the Services and otherwise taking appropriate action to secure, protect and backup the Account in a manner that will provide appropriate security and protection.
  3. Log-In Credentials. To the extent the Company provides the Client with the log-in credentials and API authentication generated by the Services, such log-in credentials and API authentication are for the Client’s internal use only.
  4. The Client shall not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your employees, agents and subcontractors performing work on your behalf. The Client bears sole responsibility for any operations made under its’ Account.
  5. It is Client’s responsibility in case the Account functioning interruption or unauthorized Transaction took place due to providing log-in credentials to any third party.
  6. The Client shall inform the Company about any unauthorized log-in to the Account within 48 hours since it was noticed.
  1. OTHER PROVISIONS
  1. SEVERABILITY

If a provision of these terms is determined by any court or other competent authority to be unlawful and/ or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. FORCE MAJEURE

Neither Party shall be responsible for any inaccuracy, error, delay, or omission in transmission or delivery of information as well as for any losses or damages resulting from force majeure circumstances.

  1. ENTIRE AGREEMENT

15.3.1 No provision of these Terms excludes or prejudices the rights of the Company, any legal rights missing in this Terms shall never be regarded as a waiver of such right.

15.3.2 If any provision of these terms shall at any time be deemed invalid or void, such invalidity shall have no effect upon the validity of any other provision, the rest of the terms shall be valid and effective with the exclusion of invalid or void clause.

  1. NOTIFICATIONS, COMMENTS, AND SUGGESTIONS

15.4.1 The Company strives to provide you with the optimal service. The Company notifies you by sending an email or by making notifications via the Website and (or) Corporate Account. If you have a comment or suggestion concerning Services, you can contact us at [email protected]. 

15.4.2 Please provide us with your contact details and a clear description and reason for your request. Please note that your feedback may be used to improve and/or modify our Website and Services without any limitation.

  1. AMENDMENTS We may change these Terms by giving you at least two (2) months’ prior written notice. If we do this, you can terminate this Agreement immediately by providing written notice to us during the notice period. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.
  1. In some instances, we may change this Agreement immediately. Despite section 15.5.1, changes to this Agreement which are (1) more favourable to you; (2) required by law; or (3) related to the addition of a new service, extra functionality to the existing Service; or (4) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.
  1. GOVERNING LAW This Agreement is governed by the Republic of Polands’s law. Any dispute between you and us in connection with your Apanast Account and/or this Agreement may be brought in the courts of the Republic of Poland.

 

 

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