Terms of Use
Last updated: January 2023
This Terms of Use (“Agreement“) is an electronic Agreement between You (“You“, “User“) and Cryptacash (hereinafter referred to as “Cryptacash“, “we“, “Company”) that applies to Your use of this Website, Platform, or any associated application programming interface (API) and all Services, products, Websites, and content provided by Cryptacash (collectively “Services“).
Please read this Agreement carefully, as it regulates Your usage of Our Services. Digital currencies and tokens can be highly volatile and present a substantial risk as investment and trading instruments. By using Our Services, You acknowledge those risks, accept this Agreement, and will not hold Cryptacash Accountable for any financial losses associated with Our Services.
By using the Services provided at this Website, You acknowledge and confirm that You have read, understood, and completely agree with all of the terms and conditions of this Agreement.
1. Services
Cryptacash is a universal portal for exchanging Cryptocurrencies, Cash Funds, and Non-Cash Funds as described below.
2. Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.
Definitions
For the purposes of these Terms of Use:
l Account means functional part of the Platform that controls User Funds. For the purpose of this Agreement, the term Account shall include Personal Cabinet and all respective Personal Data and User Account Data.
l Affiliate means with respect to any Person, an individual, corporation, partnership, firm, association, unincorporated organization, or other entity directly or indirectly controlling, controlled by, or under common control with such Person.
l Agreement means this Terms of Use, with its essential and integral parts, may be amended and/or altered from time to time in accordance with its terms.
l Cash Funds means paper-based money and coins as a means of payment.
l Centralized Exchange (CEX) is an exchange that allows any Person with an internet connection to discover and transact with crypto assets. It is owned and operated by a private Company and requires Users to sign up and open an Account to participate. CEXs facilitate transactions of crypto assets between buyers and sellers
l Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Gwarant Sp. z o.o., NIP: 5252911005, POLAND, WARSZAWA, 00-141, AL. JANA PAWŁA II 38/5.
l Country refers to the Republic of Poland.
l Cryptocurrency means a cryptographically secured digital representation of value or contractual rights that uses distributed ledger technology and can be transferred, stored or traded electronically.
l Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
l IP Rights means intellectual property rights of the Company associated with intangible assets owned by the Company.
l Law means laws of the Republic of Poland.
l Non-Cash Funds are payment instruments without using money in physical form.
l Person means an individual, partnership, limited partnership, corporation, limited liability company, joint-stock company, unincorporated organization or association, trust or joint venture, or other forms of a legal entity, or a Governmental Authority or political subdivision thereof. Person also means the Person’s Representatives, successors, or permitted assigns.
l Platform means Cryptacash’s exchanging terminal available at the Website.
l Products means Top-up Cards, exchanging Cryptocurrencies with Cash/Non-Cash/Cryptocurrencies.
l Service is any of the Products provided by Cryptacash acting as a CEX via the Platform.
l Third-Party Social Media Service means any Services or content (including data, information, products, or Services) provided by a third party that may be displayed, included, or made available by the Service.
l Third Party Technology Provider means an external individual or legal entity that provides a Service or technology as part of a contract to the Company.
l Top-up Cards are cards usable for topping up an Account on the Whitebit exchange.
l User means any Person using the Platform and has agreed to the terms and conditions of this Agreement.
l You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
l Website means a set of related web pages located under a single domain name, in particular, https://www.cryptacash.finance.
Other undefined terms and definitions that can be found in the text of this Agreement should be construed by the Parties in accordance with the Laws of the Country.
Headings are used in this Agreement exclusively for convenience and shall not affect the interpretation of the Agreement provisions.
In this Agreement, You and Cryptacash are referred to cumulatively as the “Parties” and singularly as the “Party“.
Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
Where the words include(s), including or in particular, are used in this Agreement, they are deemed to have the words “without limitation” following them.
Where the context permits, other and otherwise are illustrative and shall not limit the sense of the words preceding them.
3. Acknowledgment
This Agreement is governing the use of this Service and it sets out the rights and obligations of all Users regarding the use of the Services.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, Users and others who access or use the Services.
By accessing or using the Services, You agree to be bound by this Agreement. If You disagree with any part of this Agreement, then You may shall not use the Services.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Services is also conditioned on Your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your Personal information when You use the Services and sets Our Your privacy rights and how the Law protects You. Please read Our Privacy Policy carefully before using the Services.
4. Intellectual Property
You acknowledge and agree that Cryptacash is the sole owner (except to the extent owned by third-party licensors, including any Third Party Technology Providers) of all rights, titles, and interests to the IP Rights. You shall not obtain any rights in or to the IP Rights except those limited rights licensed to You by Cryptacash.
You shall take all steps necessary to maintain the confidentiality of all documents and material provided by Cryptacash or any third-party providers (including any Third Party Technology Providers) with respect to the Website, Platform, and each component thereof. You shall not:
l alter, maintain, enhance or otherwise modify Website and/or Platform;
l disassemble, decompile, reverse-engineer, copy, bug fix, correct, update, transfer, broadcast or create derivative works based on Website and/or Platform;
l otherwise take express action to discover any equivalent of Website or Platform.
5. Limited Right of Use
Subject to Your compliance with the terms and conditions of this Agreement, You are granted a limited, revocable, non-exclusive, royalty-free, and non-transferable license to access and use the Website and the Platform during the Term for the purposes set out in, and in a manner consistent with this Agreement.
All rights that are not expressly granted under this Agreement are reserved. Thus, You are prohibited from using Services in any manner that is not expressly and unambiguously authorized by this Agreement.
Unless otherwise specified, all materials on this Website are the property of Cryptacash and are protected by copyright, trademark, and other applicable Laws. You may view, print, and/or download a copy of the materials from this Website solely for Your Personal, informational, and/or non-commercial use, provided You comply with all copyright and other proprietary notices.
6. Links to Other Websites
Our Service may contain links to third-party Websites or Services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party Websites or Services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or Services available on or through any such web sites or Services.
We strongly advise You to read the Agreement and Privacy policies of any third-party Websites or Services You visit.
7. Restricted countries and activities
Restricted jurisdictions
The Company strictly follows the rules of national and international sanctions. Cryptacash ensures compliance of User Services and exchanges (payments) with the requirements established by the regulations of the Republic of Poland and the European Union (EU) and does not provide Service to Users of a sanctioned Country according to the up-to-date lists of the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury, the United Nations (UN), the EU, and any EU Member State.
The Company do not serve Clients from: Afghanistan, Albania, Algeria, Andorra, Anguilla, Antigua and Barbuda, Argentina, Bahamas, Bahrain, Bangladesh, Barbados, Benin, Bermuda, Bolivia, Botswana, Brazil, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Cayman Islands, Central African Republic (CAR), Ceuta, Chad, Chile, China, Colombia, Comoros, Congo, Cook Islands, Costa Rica, Cuba, Democratic People's Republic of Korea (DPRK), Democratic Republic of Congo, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Eswatini, Ethiopia, French Guiana, Gabon, Gambia, Ghana, Grenada, Guadeloupe, Guatemala, Guinea, Guinea-Bissau, Haiti, Honduras, Iceland, India, Iran, Iraq, Ivory Coast, Jamaica, Japan, Jordan, Kenya, Korea, Kuwait, Laos, Lebanon, Lesotho, Liberia, Libya, Macao, Madagascar, Maldives, Mali (Melilla), Marshall Islands, Martinique, Mauritania, Mexico, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Pakistan, Palestine, Panama, Paraguay, Peru, Puerto Rico, Qatar, Republic of Congo, Republic of Kosovo, Republic of Liberia, Reunion, Russia, Rwanda, Sahara Arab Democratic Republic, Samoa, Sao Tome and Principe, Sark, Saudi Arabia, Senegal, Serbia, Sierra Leone, Somalia, South Africa, South Sudan, Sri Lanka, St. Barth, Senegal, St. Maarten, State of Palestine, Sudan, Switzerland, Syria, Taiwan, Tanzania, temporarily occupied territories of Ukraine: Crimean Peninsula, Donetsk Oblast, Kharkiv oblast, Kherson oblast, Kherson oblast, Luhansk Oblast, Zaporizhzhya oblast, Togo, Transnistrian Moldavian Republic, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Uganda, United Arab Emirates (UAE), United States of America (USA), Uruguay, Vanuatu, Venezuela, Western Sahara, Yemen, Zambia, Zimbabwe.
For the Clients from Belarus and Kyrgyzstan, the VISA Payments are unavailable.
The list of countries is subject to change.
Restricted activities
Customers of this site are prohibited from engaging in the following actions, including those prohibited by other provisions of these terms:
l actions that will or may violate the copyright, privacy, property, and other rights or interests of other Users of this Website, Third parties, Companies or Partners;
l actions that may cause inconvenience, financial loss or other damage to other Users of this Website;
l actions that have become or may be offensive to public order and morality, or violate Laws, rules and regulations;
l false statements when using this Website to Register an Account or for any other purpose;
l illegal use of e-mail addresses, passwords or other Personal Information;
l other actions that may interrupt the operation of this Website or interfere with the provision of Cryptacash Services.
8. Limitation of Liability
Limited Warranties
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable Law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for Personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable Law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and Service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or Services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
No Advice
You acknowledge the substantial risks associated with Cryptocurrency trading markets. Cryptacash is not authorized or regulated by any financial authority and does not give any financial, tax, employment, legal, or investment advice. You agree that the Cryptacash shall not be or be deemed to be, Your financial advisor or fiduciary. You understand that any decisions made are Your sole and exclusive risk.
Exceptions to Limitation of Liability
Nothing in this Agreement shall or shall be construed to exclude or limit either Party’s liability for:
l fraud or fraudulent misrepresentation;
l death or Personal injury caused by its negligence or
l any other liability that cannot be excluded or limited by the applicable Law.
9. Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Agreement.
Upon termination, Your right to use the Service will cease immediately.
10. Governing Law
The Laws of the Republic of Poland, excluding its conflicts of Law rules, shall govern this Agreement and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international Laws.
11. Indemnification
Cryptacash provides Cryptocurrency exchange Services and does not provide Services for custody of Cryptocurrencies. Cryptacash also does not provide brokerage Services to its Users.
You agree to defend, hold harmless and hereby indemnify Cryptacash from and against any loss, damage, cost, claim, proceeding, penalty, fine or expense, including legal fees, incurred by or suffered by Cryptacash, which arises out of, or relates to, directly or indirectly:
l Your use of Website and/or Platform;
l Your failure to fully and timely perform any of Your obligations hereunder, including non-performance of Your obligations with respect to any usage of Service;
l any of Your representations or warranties made hereunder being, at any time, untrue or incorrect;
l any violation by You of any Law, rule, regulation, or the rights of any third party.
12. Disputes Resolution
If You have any concerns or disputes about the Service, You agree first to try to resolve the dispute informally by contacting the Company. If any dispute occurs regarding the performance or interpretation of this Agreement that cannot be resolved amicably, Cryptacash is entitled to demand the dispute to be settled by the court in the location of Cryptacash's residence.
13. The United States Legal Compliance
You represent and warrant that (i) You are not located in a Country that is subject to the United States government embargo or that has been designated by the United States government as a "terrorist supporting" Country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
14. Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable Law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
15. Translation Interpretation
This Agreement may have been translated if we have made them available to You on Our Platform. You agree that the original English text shall prevail in the case of a dispute.
16. Changes to these Terms of Use
We reserve the right, at Our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new version of this Agreement taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Agreement. If You do not agree to the new version of Agreement, in whole or in part, please stop using the Website and the Service.
17. Contact Us
If You have any questions about this Agreement, You can contact us:
● By email: [email protected].