The following terms shall be understood as follows:
- Regulations – these Regulations, specifying, in particular, the principles of concluding remote contracts with or through Website as well as the principles of performance of these contracts, the rights and obligations of the Service Provider and the User, and the principles of complaint procedure;
- Service Provider – CDSV LLC – a company incorporated in accordance with the laws of St. Vincent and the Grenadines, bearing registration number 753 LLC 2020 with registered seat at Suite 305, Griffith Corporate Centre, Beachmont, Kingstown, St. Vincent and the Grenadines;
- Cryptocurrency – a transferable property right which is neither legal tender, electronic money nor a financial instrument. The list of Cryptocurrencies whose turnover, deposits and withdrawals are allowed on the Website is published on the Website. The change of the list mentioned above shall not constitute a change of the Service Contract;
- User – an entity which uses the Website;
- Consumer – a natural person using the Website in a manner not directly related to its business or professional activity;
- Service – providing Users with an electronic platform for the exchange of information and concluding Transactions, as well as other actions of the Service Provider, enabling the operation and use of the Website;
- Service Contract – the contract concluded between the Service Provider and the User, by acceptance of the Regulations by the User, which defines the principles of using the Services provided by the Service Provider by the User, the content of the Service Contract include: Regulations, table of fees and pricing posted on the Website in tab “fees”, KYC / CDD policy, privacy policy;
- Website – the Service Provider’s webpage operating under the domain Coindeal.com with all its subpages and tabs;
- Transaction – the contract of sale of the Cryptocurrency in exchange for another Cryptocurrency or in exchange for the Fiat Funds, concluded by Users through the Website, as well as deposits and withdrawals made by the User;
- Account – the User’s account created on its order on the basis of its personal data provided by the User and constituting a collection of data stored in the Service Provider’s Website and IT system concerning a given User, services providing for him, as well as the ordered, executed Transactions and concluded contracts;
- Login Details – data given or determined by the User (including password and OTAC) enabling it to access the Account;
- Fiat Funds – traditional currencies, i.e. those commonly recognised by governments as legal tender. The list of Fiat Funds whose turnover, deposits and withdrawals are allowed by the Service is published on the Website’s pages. The change of the list mentioned above shall not constitute a change of the Service Contract.
- AML / CTF risk assessment – evaluation as to whether transactions, behaviours, or a user create risks of laundering funds originating from illegal activities or financing of terrorism; performed by Service Provider, also with support from external service providers; as fulfillment of the obligation set forth guidelines published by international organizations and binding provisions of law.
Delisting – removal of possibility to trade, deposit or withdraw of Fiat Funds or Cryptocurrencies on the Website. Delisting shall not constitute a change of the Service Contract.
§ 2 Declarations and basic information
- The Service Provider points out and warns that the main threat to every Internet user, including persons using services provided electronically, is the possibility of “infecting” the IT system by various types of software created mainly to cause damage, such as viruses, Worms or Trojans. In order to avoid the risks associated with this, including those that occur when you open an email, it is important that the User provides its computer which uses an Internet connection with an antivirus programme and constantly updates it by installing the latest versions of the software as soon as they are available on the market. The Service Provider also informs that particular threat related to the use of electronic services, including those described in these Regulations, are related to the activities of so-called hackers, aimed at breaking into both the Service Provider’s system (e.g. attacks on its website) and the Client’s system. The Client acknowledges, therefore, that despite the Service Provider’s use of various modern “defence” technologies, as described in the Security Policy published on the Website, there is no perfect protection against the abovementioned undesirable actions.
- The Services are provided by the Service Provider who is a legal entity of St. Vincent and the Grenadines. The Service Provider is not a registered, regulated financial institution subject to State supervision.
- The User’s ability to use the Services offered by the Service Provider may depend on the User’s country of citizenship, residence or stay. The list of countries with excluded access to the Services is published and updated on the Website. The change of the list mentioned above shall not constitute a change of the Service Contract.
- The User is obliged to establish legal regulations specifying his tax obligations and methods of payment to the right tax office authority. Service Provider is not responsible if and how the transaction is taxed.
- Safekeeping, safety and using User’s cash funds which are deposited on the Account are described in Funds Security Policy. Funds Security Policy and its character is strictly informational and does not constitute part of Service Contract. Any changes of the Funds Security Policy shall not constitute a change of the Service Contract.
- The User acknowledges that Transactions are executed on the Website with other Users of the Website (or with the Service Provider acting as a user) except where the description of the service offered on the Website explicitly states otherwise (for example as with OTC transactions).
- The User understands and acknowledges that nothing contained on Website or Service Provider’s social media pages constitutes a solicitation, recommendation, endorsement, or offer by Service Provider or any third parties to buy or sell any Fiat Funds, Cryptocurrencies nor other financial instruments by the user or any persons Neither Service Provider nor its affiliates provide any investment recommendations in connection with Website’s operation, nor do they give any advice or offer any opinion with respect to the suitability, profitability or appropriateness regarding any investment, Fiat Funds or Cryptocurrencies. User is responsible for determining whether an investment strategy is suitable for him. All transactions will be done only on Users order. In particular any information delivered on the Website by various services like „Galaxy Score”, is for informational purposes only and should not be considered legal or financial advice.
- The User should consult with an attorney, financial advisor, or other investment professional to determine what may be best for his or her individual needs. Service Provider does not make any guarantee or other promises as to any results that may be obtained from using its content.
- Buying and selling cryptocurrencies involves inherent financial risk and no one should make any investment decision without first consulting his or her own financial advisor and conducting his or her own research and due diligence.
- To the maximum extent permitted by law, Service Provider disclaims any and all liability in the event any information, commentary, analysis, opinions, advice and/or recommendations prove to be inaccurate, incomplete or unreliable or result in any investment or other losses. The User’s use of the information on the Website or materials linked from the Website is at his or her own risk.
§ 3 Type and scope of the services
- Services provided by the Service Provider through the Website consist in providing the Users with an electronic platform for exchanging information and concluding Transactions of the Cryptocurrency exchange.
- For proper use of the Website, it is necessary to have a device with Internet access supported by a web browser (e.g. Chrome, Mozilla) and access to Java Script and Cookies files in the browser.
- The Service Provider is entitled to introduce changes in technical and technological requirements necessary to use the Website by providing information about such a change to the User’s e-mail address provided during registration of the Account. A change in technical or technological requirements does not constitute a change of the Regulations.
- Services are provided exclusively for the benefit of:
- natural persons with full legal capacity, i.e. those over 18 years of age and who have not been entirely or partially incapacitated;
- other legal entities with legal capacity on the basis of separate provisions.
- Services are provided for a fee. Current principles and the number of fees charged will be published on the Website in the “fees” tab. The User will be informed about this every time before taking any action on which the commission is charged. Fees and commissions binding the User shall apply to a given activity on the day of its performance. Changes in the amounts and principles of charging fees and commissions will be made while taking into account the User’s right to terminate the Account and free of charge funds withdrawal.
- Charging fees and commissions for the Services provided takes place automatically at the moment of ordering the Transaction from funds dedicated by the User to execute the Transaction.
§ 4 Terms and Conditions of the service contract
- One of the conditions enabling the use of the Services by the User is to set up an Account on the Website – for this purpose, the User is obliged, among others, to:
- give an e-mail address to which it has an exclusive access;
- a password of its choice (known only to the User) meeting requirements of the Website;
- read and accept the Regulations, Privacy Policy, table of fees and pricing or other documents, if their acceptance is required by the Service Provider;
- complete other technical activities and give additional data required by the Service Provider, including configuration of apps provided by third parties (for example Google Authenticator)
- In the case of Accounts created for entities other than natural persons, the User must be entitled to represent them. In that case User provide its own data, the personal data of the management board of that entity and its actual beneficiaries.
- Specific technical requirements to set up an Account as well as required information and documentation may be subject to changes and be different for other Users depending on AML / CMF risk assessment.
- The User is obliged to provide real, current and complete data required by the Service Provider. The User is responsible for the consequences of providing incorrect, outdated or incomplete data.
- The Service Provider shall refuse registering an Account for the User when:
- User is a citizen, resident or from a country where, according to the information published on Website, due to actual legal regulations or AML / CMF risk assessment, Services are not provided by Service Provider;
- registration is attempted or made using software preventing determination of a country from which it is made;
- data given by the user has been used before for creating another Account;
- it is recommended by AML / CTF risk assessment.
- The Service Contract is concluded upon completion of the Account registration process.
- The Service Contract is concluded for an indefinite period of time.
- The User accesses its individual Account by logging into the Website using Login Details.
- The User is obliged to take appropriate measures to prevent third parties from accessing the Account and Login Details. Making the Account or Login Details available to third parties is prohibited and occurs at the sole risk of the User. In such case Service Provider will terminate the Service Contract.
- The User can open, have and use only one Account on the Website.
- Upon completion of the Account registration process, the User may log in to the Service, but may not:
- undertake any interactions with other Users, i.e. in particular, it cannot conclude Transactions;
- deposit and withdraw Fiat Funds or Cryptocurrencies.
- In order to undertake the activities described above, the User must verify the Account. Conditions and scope of the verification, as well as the scope of Services available for the User (including deposits and withdrawal of funds) are published and updated on the Website and may be subject to changes. The change of the list mentioned above shall constitute a change of the Service Contract
- During the verification process, the User may be obliged to complete the procedure of verification of the identity and authenticity of the data he provided, performed by a professional third party, in particular through video-verification based on photographs or video materials in accordance with procedures implemented by such entity.
- The Service Provider may demand to submit additional documentation, information or explanation, as well as refuse to verify the User due to the insufficient credibility, incompleteness of the data or documents provided by the User or due to the results AML / CTF risk assessment.
- The duration of the procedure for verification of the identity and authenticity of the data provided as well as the duration of the AML / CTF risk assessment depends on the current capabilities of the Service Provider and of third parties, therefore the Service Provider does not guarantee and is not responsible for the duration of such activities or positive result thereof.
- After a failed verification attempt, the Service Provider may refuse to re-verify the same entity.
- Ownership of the Account, meaning the identity of the User, may be changed (resulting in the transfer of all rights and obligations connected with the account), at the consent of Service Provider only:
- in the case of a legal transformation of a non-individual customer (e.g. transforming a company into another company, fusion, merger).
- if a User who is a natural person applies for the conversion of an account from a private account into company account if the company is his self-employment, or is owned and governed solely by the User.
In both cases the User is obliged to submit credible, appropriate documentation, confirming those circumstances.
- If the User hasn’t executed any Transactions on his Account for subsequent 12 months the Service Provider may terminate the Contract with the User by sending to the User’s e-mail address a notice of termination of the Service Contract with 30 days’ notice period.
§ 5 Terms and Conditions for the provision of services
- The User acknowledges that the Service Provider does not guarantee the User any profit in connection with the use of the Website.
- The User agrees not to perform any actions through the Website that violate: the provisions of these Regulations, guidelines published on the Website, the Website policy, legal provisions or good morals.
- The User agrees to use the Website solely for its own personal use, in its own name and on its own behalf.
- The User agrees to use the Website in a good faith, in particular, to immediately notify the Service Provider of any errors observed in the Website software and to refrain from using any errors observed in the Website software to the detriment of the Service Provider or other Users. Transactions executed in breach of this section shall be cancelled or revoked and the User shall not be entitled to any claims.
- The Service Provider indicates that it can, at any time, at its sole discretion, perform AML / CTF risk assessment of the user, his or hers behaviours or transactions.
- The User agrees to provide all information, materials and documents that the Service Provider will require from it in connection with the AML / CTF risk assessment. In case of a breach of this obligation, the Service Provider shall be entitled to refuse to execute or to suspend the execution of the Transaction as well as to stop deposits and withdrawals of Fiat Funds and Cryptocurrencies.
- The Service Provider has the right to refuse to process the User’s transaction as well as to freeze User’s deposits and withdrawals, in response to a request of state authorities or in order to enforce the transaction limits established and published on the Website.
- The Service Provider reserves the right to refuse to make or withdraw any purchase, sale or exchange of the Cryptocurrency at its own discretion, even after the funds have been withdrawn from the User’s account(s) in the following situations:
- when the Provider suspects that the Transaction may (or may be likely to) involve money laundering, terrorist financing, fraud or any other criminal offence;
- in response to a subpoena or other order from State institutions or bodies;
- if the Service Provider reasonably suspects that the transaction is the result of an error;
- if the Service Provider suspects that the Transaction is made in breach of the Regulations or other terms and conditions regulating the use of the Services, published on the Website;
- when the Transaction is made by a resident of a country from a current list of countries with exclusive access to the Services published on the Website.