- INTRODUCTION
- The business company Blockaris Financial Technologies s.r.o., with its registered office at Pekná cesta 2459/19, Bratislava - mestská časť Rača 831 52, ID number: 56 694 873, registered in the Commercial Register register Municipal court Bratislava III, section Ltd., record number 184081/B (hereinafter referred to as "Blockaris Financial Technologies") addresses these terms and conditions of provision of its services to its clients, potential clients and visitors to its website.
- The Terms of Service constitute a contract between Blockaris Financial Technologies and its clients for the provision of crypto asset services by Blockaris Financial Technologies and, to the extent appropriate, binding on potential clients of Blockaris Financial Technologies when interacting with its website. Blockaris Financial Technologies will not provide any crypto asset services to persons who have not clearly and specifically agreed to respect and comply with these Terms of Service.
- Individuals agree to be bound by and comply with these Terms of Service by agreeing to them when placing an order for the Crypto Asset Services and by using the Blockaris Financial Technologies website. If individuals do not agree to these Terms of Service in their entirety, they are required to not agree to them and should immediately cease using the Crypto Asset Services provided by Blockaris Financial Technologies and should cease visiting the Blockaris Financial Technologies website.
- BASIC TERMS
- Capitalized words in the Terms of Service should be interpreted as follows:
- “Terms” means these Terms of Service;
- “Amendment” means a written, numbered and dated amendment to the Terms and Conditions set out in the section of the Terms and Conditions entitled “Amendments”;
- “Website” means the website of Blockaris Financial Technologies ;
- “Client” means a client of Blockaris Financial Technologies to whom one or more Cryptoasset Services are provided and, in the case of provisions of the Terms that are also applicable in relation to a potential client of Blockaris Financial Technologies , a potential client of Blockaris Financial Technologies is also considered a Client;
- “Account” means the Client’s user account created on the Website;
- “Cryptoasset” means any cryptoasset as defined in Article 3(1)(5) of the MiCA Regulation;
- “Cryptoasset Services” means those cryptoasset services pursuant to Article 3(1)(16) of the MiCA Regulation that Blockaris Financial Technologies is authorized to provide;
- "Exchange of crypto-assets for funds" means a crypto-asset service pursuant to Article 3(1)(16)(c) of the MiCA Regulation;
- "Exchange of crypto-assets for other crypto-assets" means a crypto-asset service pursuant to Article 3(1)(16)(d) of the MiCA Regulation;
- “Platform” means a crypto-asset trading platform that is authorised to provide a crypto-asset service pursuant to Article 3(1)(16)(b) of the MiCA Regulation;
- "Order" means an order created by the Client on the Website or addressed to Blockaris Financial Technologies and its subject is the Exchange of Cryptoassets for Funds or the Exchange of Cryptoassets for other Cryptoassets;
- “Exchanged Cryptoassets” means Cryptoassets that the Client intends to exchange for Exchanged Cryptoassets or for funds through a Cryptoasset-for-Funds Exchange or a Cryptoasset-for-Other Cryptoasset Exchange;
- “Exchanged Cryptoassets” means Cryptoassets that the Client intends to receive for the Exchanged Cryptoassets through the Exchange of Cryptoassets for Funds or the Exchange of Cryptoassets for other Cryptoassets;
- “Exchange Rate” means the ratio of one crypto-asset to a financial asset or the mutual ratio of two crypto-assets at which Blockaris Financial Technologies will allow the Client to exchange them through the Exchange of Crypto-assets for Financial Assets or the Exchange of Crypto-assets for other crypto-assets; and
- “Excluded Country” means a country whose nationals or persons residing or domiciled therein are not provided with Crypto Asset Services by Blockaris Financial Technologies.
- CHANGES TO TERMS
- Blockaris Financial Technologies has the right at any time to take actions that result in:
- updating, supplementing, changing or removing provisions of the Terms; and/or
- updating, supplementing, changing or removing information and functionalities available on the Website; and/or
- updating, supplementing and/or changing Blockaris Financial Technologies ' Exchange Rates for providing Crypto Asset Services.
- Blockaris Financial Technologies has the right to perform any of the actions listed herein without the prior consent of the Clients.
- Blockaris Financial Technologies may announce the performance of any of the actions listed in Section 5 on the Website. Blockaris Financial Technologies may also send notifications of the performance of any of the actions listed in Section 5 to Clients via e-mail messages delivered to the Clients' e-mail address that they have provided to Blockaris Financial Technologies .
- Blockaris Financial Technologies recommends that all Clients keep their contact details provided to Blockaris Financial Technologies and kept in the Account up to date at all times, so that they can be properly and timely informed of any important and fundamental changes to the Terms.
- Blockaris Financial Technologies will inform Clients of important and fundamental changes to the Terms and Conditions in good time at the email addresses provided by them. The information will contain the exact wording of the amended provisions of the Terms and Conditions. In the event of fundamental changes to the Terms and Conditions, the Client may, free of charge, notify their disagreement with these changes and request Blockaris Financial Technologies to cancel the Account, if they have one, usually within two (2) months from the entry into force and effectiveness of the aforementioned changes.
- STATEMENTS AND RISKS
- Blockaris Financial Technologies does not provide Clients with any recommendations or calls to invest in Cryptoassets.
- Blockaris Financial Technologies does not in any way force or induce Clients to purchase Cryptoassets, sell Cryptoassets or exchange Cryptoassets for funds or other Cryptoassets. All decisions of Clients that are in any way related to the purchase, sale or exchange of Cryptoassets for funds or other Cryptoassets are the sole decision of the Clients, and Blockaris Financial Technologies does not bear any responsibility for such decisions.
- Blockaris Financial Technologies informs Clients that the Cryptoasset market is changing very dynamically, and therefore Clients should rely on any information about Cryptoassets provided by Blockaris Financial Technologies solely at their own risk.
- Blockaris Financial Technologies is interested in educating Clients about the principles of operation and development of Cryptoassets. To this end, Blockaris Financial Technologies may publish articles related to Cryptoassets on its Website, but Blockaris Financial Technologies informs Clients that this information may not be fully complete or up-to-date at the time of reading it, and therefore they should verify its accuracy and truthfulness at all times.
- Blockaris Financial Technologies recommends that Clients obtain their own information from multiple sources, review the white papers for selected Cryptoassets, and exercise caution in making their own informed and free decisions regarding their actions with them and the possible consequences of such actions, before taking any action related to the purchase of Cryptoassets, the sale of Cryptoassets, or the exchange of Cryptoassets for funds or other Cryptoassets.
- Blockaris Financial Technologies hereby informs Clients that they are solely responsible for evaluating the advisability and suitability of any action related to the purchase of Cryptoassets, the sale of Cryptoassets or the exchange of Cryptoassets for funds or other Cryptoassets. If Clients are unsure about the advisability, suitability or suitability of any action related to the purchase of Cryptoassets, the sale of Cryptoassets or the exchange of Cryptoassets for funds or other Cryptoassets, they should consult a legal service provider, tax advisor, investment advisor or other professional before taking such action.
- Blockaris Financial Technologies does not provide any professional or investment advice to Clients. Blockaris Financial Technologies does not provide and is not authorized to provide legal, tax, insurance or investment advice, and therefore no information provided on the Website should be considered advice or recommendations related to any crypto asset.
- CUSTOMER OBLIGATIONS
- Clients are required to purchase Crypto Asset Services in their own name, on their own account and in accordance with the Terms. Clients may not sell, rent or in any way provide access to the Account to third parties.
- Clients are required to behave in a way that avoids any behavior that:
- is illegal, immoral, discriminatory;
- violates any provision of the Terms;
- violates any provision of the MiCA Regulation or other generally binding legal regulation;
- damages or may damage the reputation of Blockaris Financial Technologies ;
- disrupts or may disrupt the functioning of the Website;
- affects the functionality or appearance of the Website in any way;
- collects or manipulates Web data in any way;
- prevents or may prevent third parties from accessing the Website or in any way prevents third parties from purchasing Crypto Asset Services from Blockaris Financial Technologies ;
- infringes or may infringe upon the intellectual property rights, trade secrets or any proprietary or non-proprietary rights of Blockaris Financial Technologies ;
- collects information and data about other Clients in any way without their express consent; and/or
- sends unsolicited e-mail messages, notifications or otherwise contacts other Clients for the purpose of even potential earnings or positive social impact.
- Clients are required to provide cooperation to third parties from whom Blockaris Financial Technologies engages to provide services for the purpose of providing Cryptoasset Services.
- Clients are obliged to familiarize themselves with the current content provided on the Website before placing an Order, in particular, but not exclusively, with the Terms and Conditions.
- Clients are also obliged to comply with obligations not expressly stated in this chapter, if these obligations arise from the provisions of these Terms and Conditions.
- TECHNICAL REQUIREMENTS
- Blockaris Financial Technologies recommends that clients use only devices with a secure and private internet connection to utilize cryptoasset services.
- THIRD PARTIES
- Blockaris Financial Technologies uses third party services to provide the Crypto Asset Services. By agreeing to the Terms, Clients acknowledge and agree to these third parties’ terms and conditions, and will cooperate with such third parties as necessary to ensure the proper and timely provision of the Crypto Asset Services by Blockaris Financial Technologies .
- ACCESS TO CRYPTOASSETS SERVICES
- Blockaris Financial Technologies has a non-discriminatory business policy in place that it applies when providing Crypto Asset Services.
- Blockaris Financial Technologies is committed to adhering to the principle of equal treatment and will not reject, discriminate against, or otherwise disadvantage Clients based on:
- gender;
- legal form;
- religion or belief;
- races;
- nationality;
- ethnic group affiliation;
- disability;
- age;
- sexual orientation;
- marital status and marital status;
- skin color;
- language;
- political or other opinion;
- property; and
- gender or other status.
- Blockaris Financial Technologies does not limit the provision of Crypto Asset Services to specific types of Clients.
- Blockaris Financial Technologies provides the Crypto Asset Services on a continuous basis and without time limitation. Clients have access to the Crypto Asset Services twenty-four (24) hours a day, seven (7) days a calendar week, unless access is temporarily interrupted.
- Blockaris Financial Technologies has the right to temporarily suspend the provision of or access to the Crypto Asset Services in the event of exceptional circumstances, which include in particular:
- excessively increased volatility of specific Cryptoassets based on news and/or extraordinary circumstances;
- the inability to reliably determine the market price for specific Cryptoassets; and/or
- any other exceptional circumstances that prevent the effective provision of the Crypto Asset Services.
- Blockaris Financial Technologies sets a lower limit for the amount of the Client's funds that may be subject to the Exchange of Funds for Cryptoassets in the event that the Client intends to exchange his funds for Cryptoassets of Blockaris Financial Technologies , and this lower limit for funds is the amount of 15 euros.
- Blockaris Financial Technologies does not set any upper limit on the amount of funds or Cryptoassets of the Client that may be subject to an Exchange of Cryptoassets for funds or an Exchange of Cryptoassets for other cryptoassets and the Client intends to exchange them for funds or Cryptoassets of Blockaris Financial Technologies .
- Blockaris Financial Technologies is entitled to set a lower limit for the quantity of selected Cryptoassets that may be subject to the Exchange of funds for cryptoassets or the Exchange of cryptoassets for other cryptoassets, and this lower limit will be known to the Client before placing the Order and will be published on the Website in a sufficiently visible place.
- Blockaris Financial Technologies is entitled to set any transaction limit on the amount or number of exchanges of Cryptoassets for funds or other Cryptoassets in a certain period of time. In the event that Blockaris Financial Technologies sets such limits, they will be published on the Website in a sufficiently visible place.
- Blockaris Financial Technologies determines the order of execution of Orders based on which Client successfully places the Order first.
- ACCOUNT
- Blockaris Financial Technologies may make available a web section on its Website through which the Client may create an Account. Blockaris Financial Technologies informs the Clients that the Account is not a bank account.
- Opening and maintaining an account is free, and therefore Blockaris Financial Technologies does not charge any fees for its maintenance.
- By opening an Account, the Client declares that he/she agrees to the Terms and Conditions and will comply with them in full. By opening an Account, the Client also confirms that the opening of an Account or a similar account is not prohibited by generally binding legal regulations or a decision of a public authority.
- The Client has no right to successfully create or use the Account without restriction. Blockaris Financial Technologies has the right to refuse to create an Account or to cancel the Account of any Client if such Client violates or has violated the Terms in the past, or if it is necessary for the proper and lawful provision of the Crypto Asset Services.
- A Client may only have one Account. Opening multiple Accounts by the same Client is a breach of the Terms and may result in the immediate termination of all Accounts of the same Client, and the Client may be prevented from opening any further Accounts.
- An account can only be opened by a Client who:
- is over eighteen (18) years of age; and
- has full legal capacity.
- In the event that the Client loses the access data to the Account or these access data are stolen, he is obliged to immediately contact Blockaris Financial Technologies via an e-mail message published on the Website. Blockaris Financial Technologies will then immediately identify and verify the Client's identification, and after successful identification and verification of the Client's identification, Blockaris Financial Technologies will generate new access data to the Account.
- The Client may cancel the account at any time free of charge, and therefore Blockaris Financial Technologies does not charge any fees for its cancellation.
- Blockaris Financial Technologies may cancel or suspend the Client's Account at any time if it violates the Terms or is in accordance with generally binding legal regulations.
- CARE
- Blockaris Financial Technologies takes measures in relation to the Client placing the Order, the purpose of which is to prevent money laundering and terrorist financing. The Client is obliged to submit to such actions and measures and not to obstruct their execution if he is interested in providing Crypto Asset Services.
- Blockaris Financial Technologies is entitled to request from the Client, for the purposes of performing care in relation to him, in particular, but not exclusively, his personal identification data, identity documents, bank account statements and any other information or documents that are necessary for the proper performance of care in relation to the Client in accordance with generally binding legal regulations.
- EXCHANGE OF CRYPTOASSETS FOR FINANCIAL FUNDS OR OTHER CRYPTOASSETS
- Blockaris Financial Technologies operates an electronic crypto-asset exchange through which Clients can have the service of Exchange of crypto-assets for funds and Exchange of crypto-assets for other crypto-assets provided.
- In any case, Blockaris Financial Technologies clients can be informed about the speed and time of execution of the Order via an e-mail message delivered to Blockaris Financial Technologies .
11.1 TYPES OF CRYPTOASSETS
- Blockaris Financial Technologies provides Crypto-Asset Exchange for Funds and Crypto-Asset Exchange for Other Crypto-Assets in relation to Crypto-Assets listed in the relevant section of the Website where Clients may place Orders or notified to Clients after contacting Blockaris Financial Technologies to place an Order. In the event that the Client is unable to place an Order through the Website due to the absence of the option to select a particular Crypto-Asset or a particular combination of Crypto-Asset exchanges, this means that Blockaris Financial Technologies does not enable such exchange at that time.
- Clients do not have the right to request Blockaris Financial Technologies to enable them to exchange other Cryptoassets and other Cryptoasset exchange combinations than those currently available to Clients by Blockaris Financial Technologies , through the Exchange of Cryptoassets for other Cryptoassets or the Exchange of Cryptoassets for funds.
11.2 PLACE AN ORDER
- The Client places an Order via an e-mail message addressed to Blockaris Financial Technologies or via the relevant section of the Website, where the Client can choose:
- in the case of an Exchange of Cryptoassets for Funds, a certain type and quantity of Exchanged Cryptoassets to be exchanged for the offered quantity of funds or the Client may choose a certain quantity of funds to be exchanged for the offered type and quantity of Exchanged Cryptoassets; and
- in the case of an Exchange of Cryptoassets for other Cryptoassets, a certain type and quantity of Exchanged Cryptoassets to be exchanged for the offered type and quantity of Exchanged Cryptoassets.
- When placing an Order, the Client should ensure that:
- fully understands the consequences that will or may occur as a result of placing and executing the Order;
- fully understands the Exchange Rates to which the execution of the Order is subject.
- Please note: The Client who placed the Order does not have the legal right to execute the Order, which means that Blockaris Financial Technologies may refuse to execute the Order in whole or in part for the reasons set out in Chapter XI.H entitled Restriction and Denial of Access to Cryptoasset Services.
11.3 ORDER EXECUTION
- After placing the Order, Blockaris Financial Technologies will confirm its acceptance in writing via an e-mail message delivered to the Client at the e-mail address that the Client has notified Blockaris Financial Technologies , and after written confirmation of acceptance of the Order, Blockaris Financial Technologies will begin to execute it. The written confirmation of the Order contains:
- date and time of receipt of the Order;
- subject of the Order;
- the e-wallet address to which the Cryptoassets will be sent;
- Fee or Exchange Rate for executing the Order; and
- Blockaris Financial Technologies contact details.
- If any circumstances arise during the execution of the Order that would make it impossible or prevent the execution of the Order in full or in part, or would cause or could cause a delay in the execution of the Order, Blockaris Financial Technologies will notify the Client of this by e-mail delivered to the Client at the e-mail address that the Client has notified Blockaris Financial Technologies . Blockaris Financial Technologies will also propose to the Client all possible alternatives for resolving the situation, but shall not be liable in the event that none of the alternatives satisfy the Client, and therefore the Client does not agree with any of the alternatives.
- If, during the execution of the Order, Blockaris Financial Technologies finds that it needs additional information from the Client that is necessary for the successful execution of the Order in full and in accordance with generally binding legal regulations, Blockaris Financial Technologies will notify the Client of this fact via an e-mail message delivered to the Client at the e-mail address that the Client has notified Blockaris Financial Technologies and request the necessary information from him. The Client is obliged to provide Blockaris Financial Technologies with full cooperation for the successful execution of the Order. If the Client does not provide the requested cooperation, Blockaris Financial Technologies will refuse to execute the Order.
- Successful execution of the Order results in a written confirmation of its execution via an e-mail message delivered to the Client at the e-mail address that the Client has notified Blockaris Financial Technologies . At the same time, after the execution of the Order, the Client will either have funds transferred to his bank account, depending on the subject of the Order, or Blockaris Financial Technologies will ensure the transfer of the Exchanged Crypto Assets to the Client's electronic wallet.
- Blockaris Financial Technologies informs Clients that payment methods and funds transfer options may change over time and Clients are required to choose one of the payment methods or funds transfer options offered by Blockaris Financial Technologies . Blockaris Financial Technologies will not allow Clients to make payments or transfer funds in ways that pose or could pose a risk of money laundering and terrorist financing.
11.4 HOLDING OF CLIENT FUNDS
- If Blockaris Financial Technologies holds Client funds, it holds them in the Blockaris Financial Technologies Operating Account, which holds exclusively Client funds.
- Clients transfer funds under all circumstances directly to the Operational Account of Blockaris Financial Technologies , and therefore in no case and at no time are Clients' funds held in the bank account of Blockaris Financial Technologies , in which Blockaris Financial Technologies ' funds, or the funds of any third parties, are also held.
- In order to protect the Clients' funds, the Blockaris Financial Technologies Operational Account is subject to a special legal regime in order to protect the Clients from the risk of insolvency and executions against Blockaris Financial Technologies . Ensuring the protection of the Clients' funds held in the Blockaris Financial Technologies Operational Account is part of the contract concluded with the bank in which the Operational Account is maintained, while the contractual arrangements include the protection of the Clients' funds from any interference.
- Blockaris Financial Technologies will never use Client funds for its own account, but will handle them solely for the purpose of executing the Order. Blockaris Financial Technologies ensures that no third party has access to Client funds except for the management bodies of Blockaris Financial Technologies .
- Clients have the right to be informed about any matters related to the holding of their funds via an email message delivered to Blockaris Financial Technologies .
11.5 HOLDING CLIENTS' CRYPTOASSETS
- If Blockaris Financial Technologies holds its Clients' Cryptoassets, it holds them in a separate Blockaris Financial Technologies electronic wallet, which exclusively holds its Clients' Cryptoassets.
- Clients transfer Cryptoassets under all circumstances directly to a separate electronic wallet of Blockaris Financial Technologies , which exclusively holds the Cryptoassets of its Clients.
- Blockaris Financial Technologies will never use Clients' Cryptoassets for its own account, but will handle them solely for the purpose of executing the Order. Blockaris Financial Technologies ensures that no third party has access to its Clients' Cryptoassets, except for the management bodies of Blockaris Financial Technologies .
- Clients have the right to be informed about any matters related to the holding of their Cryptoassets via an email message delivered to Blockaris Financial Technologies .
11.6 EXCHANGE RATES
- Blockaris Financial Technologies transparently and clearly informs Clients before placing an Order about the amount of Cryptoassets or funds they will receive after providing the Exchange of Cryptoassets for funds or the Exchange of Cryptoassets for other cryptoassets, and what the Exchange Rate is.
- Blockaris Financial Technologies publishes the Exchange Rate value for all Cryptoassets it offers for the Exchange of Cryptoassets for funds or the Exchange of Cryptoassets for other cryptoassets in the relevant section of the Website where Clients can place Orders.
- Blockaris Financial Technologies will offer all Clients the Exchange of Cryptoassets for funds and the Exchange of Cryptoassets for other Cryptoassets under the same conditions and at the same Exchange Rates relevant at the given time period.
- Blockaris Financial Technologies determines Exchange Rates based on an exchange rate determination methodology that is based primarily on the following criteria:
- market values and prices of Cryptoassets according to data from established trading platforms for cryptoassets;
- comparing the prices of Cryptoassets determined by Blockaris Financial Technologies with the prices of Cryptoassets determined by competing cryptoasset service providers;
- comparing Blockaris Financial Technologies Exchange Rates with exchange rates set by competing crypto asset service providers;
- Blockaris Financial Technologies ' costs of operating the Crypto-Asset Exchange for Funds and the Crypto-Asset Exchange for Other Crypto-Assets; and
- availability of Cryptoassets and current demand for specific Cryptoassets.
- Blockaris Financial Technologies has the right to update the Exchange Rates for all Cryptoassets offered for Exchange of Cryptoassets for Funds or Exchange of Cryptoassets for other Cryptoassets at any time and as often as necessary, in the relevant section of the Website where Clients can place Orders.
- Blockaris Financial Technologies has the right to deviate from the Exchange Rate for all Cryptoassets it offers for the Exchange of Cryptoassets for Funds or the Exchange of Cryptoassets for other Cryptoassets in the event that there has been a human or technical error that has caused the publication of incorrect or inaccurate Exchange Rates.
- In any case of a change or deviation from the Exchange Rate, the Client will be notified immediately and will have the opportunity to decide again whether to accept or not the new Exchange Rate for the provision of the Exchange of Cryptoassets for funds or the Exchange of Cryptoassets for other cryptoassets.
11.7 MODIFICATION OF TERMS
- Blockaris Financial Technologies may, in exceptional cases, set different terms and conditions regarding the provision of Crypto-Asset Exchanges for Funds or Crypto-Asset Exchanges for other Crypto-Assets for certain Clients, and these different terms and conditions are:
- determining the maximum possible number of Orders from a specific Client in a certain period of time;
- determining the maximum possible volume of Cryptoassets that are the subject of a specific Client's Order; and/or
- setting a different Exchange Rate for specific Clients.
- Different conditions for specific Clients are permissible solely on the basis of objective and non-discriminatory criteria, which are in particular:
- the chance of any negative consequences for Blockaris Financial Technologies or other Clients arising from the provision of Crypto-Asset Exchanges for Funds or Crypto-Asset Exchanges for other Crypto-Assets on an unqualified basis to all Clients on the same terms and conditions; and/or
- placing Orders by specific Clients through algorithms; and/or
- the performance of a specific Client as an intermediary.
11.8 RESTRICTION AND DENIAL OF ACCESS TO CRYPTOASSETS SERVICES
- Blockaris Financial Technologies has the right to restrict access of specific Clients to the Exchange of Crypto Assets for Funds or the provision of the Exchange of Crypto Assets for other Crypto Assets by refusing to execute a specific Order or Orders of a specific Client to the extent requested by the Client. Blockaris Financial Technologies has the right to do so in particular in cases where:
- The order exceeds the normal volume;
- the fixed price of the Cryptoasset that is the subject of the Order deviates significantly from the current current market price; or
- a large number of Orders were placed in a short period of time and their execution to the required extent would pose any negative risk.
- Blockaris Financial Technologies has the right to stop providing Crypto-asset Exchange for Funds or Crypto-asset Exchange for other Crypto-assets in relation to certain Crypto-assets at any time, based on prior notice delivered to the Clients at the email addresses provided by Blockaris Financial Technologies , at least one (1) month before the termination of enabling exchanges in relation to such Crypto-asset. This means that Blockaris Financial Technologies may at any time stop enabling Clients to create Orders, the subject of which is certain Crypto-assets. In the event that Blockaris Financial Technologies stops providing Crypto-asset Exchange for Funds or Crypto-asset Exchange for other Crypto-assets, Orders placed but not yet executed shall not be affected and shall be executed properly and on time, to the extent possible.
- Blockaris Financial Technologies is under no obligation to allow Clients to place Orders for all Cryptoassets that have been available for Exchange of Cryptoassets for Funds or for Exchange of Cryptoassets for other Cryptoassets at any time in the past.
- Blockaris Financial Technologies has the right to refuse to provide the Exchange of Crypto Assets for Funds or the Exchange of Crypto Assets for other Crypto Assets, in particular if the Client:
- does not agree to the Terms or violates the Terms; or
- has certain obligations set out in generally binding legal regulations and demonstrably fails to comply with these obligations.
- Blockaris Financial Technologies has the right to refuse to provide the Exchange of Crypto Assets for Funds or the Exchange of Crypto Assets for other crypto assets to specific Clients if due diligence cannot be performed in relation to them as part of fulfilling obligations in the field of combating money laundering and terrorist financing.
- Blockaris Financial Technologies has the right to refuse to provide the Exchange of Crypto Assets for Funds or the Exchange of Crypto Assets for other Crypto Assets to specific Clients if there is reasonable suspicion that, within a short period of time, these Clients will not meet the conditions required to perform due diligence in the area of combating money laundering and terrorist financing in relation to them.
12. RESPONSIBILITY
- Blockaris Financial Technologies is in no way liable for any losses incurred by Clients as a result of providing the Exchange of Crypto Assets for Funds and/or the Exchange of Crypto Assets for Other Crypto Assets to Clients. Clients are fully liable for any consequences that may arise or will arise from placing and executing an Order.
- Blockaris Financial Technologies shall in no event be liable for any damages, losses or consequences incurred by the Client resulting from any incorrect information or data provided by the Client. The Clients are fully responsible for ensuring that Blockaris Financial Technologies always provides accurate, correct and complete information and data, in particular, but not limited to:
- Client identification data, which are mainly, but not exclusively:
- Clients' names and surnames or Clients' business names;
- Clients' dates of birth or Clients' registration details;
- Clients' residence addresses or registered offices;
- Clients' electronic wallet addresses;
- Clients' bank account details; and
- Clients' contact details.
- any and all data and information provided by Clients when placing Orders on the Website.
- Blockaris Financial Technologies is in no way liable for any damages, losses or consequences incurred by the Client as a result of force majeure. Force majeure means that these are facts that Blockaris Financial Technologies is objectively unable to influence in any way. Such facts include, but are not limited to:
- technical failures of third parties from whom Blockaris Financial Technologies purchases any services; or
- any partial or complete inability to properly and timely provide Crypto Asset Services by Blockaris Financial Technologies , which Blockaris Financial Technologies did not cause or contribute to in any way.
- Blockaris Financial Technologies is fully liable for the funds and Cryptoassets of its Clients, unless the loss, theft or any inability to access the Clients' funds is not caused by Blockaris Financial Technologies and is not in any way involved in it. In the event that Blockaris Financial Technologies delays the transfer or return of funds or Cryptoassets of its Clients, which is not caused by Blockaris Financial Technologies and is not in any way involved in it, the Clients shall have no right or claim against Blockaris Financial Technologies for compensation for damages or interest on the delay.
13. EXCLUDED STATES AND PERSONS
- Blockaris Financial Technologies has the right to establish a list of Excluded Countries and has established it to include the following countries:
Afghanistan;
Algeria;
Angola;
Burkina Faso;
Cameroon ;
Ivory Coast;
Democratic Republic of the Congo;
Haiti;
Kenya;
Laos;
Lebanon;
They had;
Monaco;
Mozambique;
Myanmar;
Namibia;
Nepal;
Nigeria;
South Africa;
South Sudan;
Russian Federation;
Syria;
Tanzania;
Trinidad and Tobago;
Vanuatu;
Venezuela;
Vietnam;
Yemen;
Iran; and
Democratic People's Republic of Korea (DPRK).
- Blockaris Financial Technologies is continuously monitoring global events, the status of Excluded Countries, and reviewing the list of Excluded Countries.
- Clients are obliged to immediately inform Blockaris Financial Technologies of any change in their nationality, residence or domicile.
- Blockaris Financial Technologies has the right to update the list of Excluded Countries at any time and has the right to refuse to provide Crypto Asset Services to Clients who are nationals of, or have residence or registered office in, other countries that are not on the list of Excluded Countries.
- Blockaris Financial Technologies does not provide Crypto Asset Services to Clients who are on any sanctions lists maintained by international organizations, European Union bodies, or any relevant and trusted public authorities.
- Blockaris Financial Technologies also does not provide Crypto Asset Services to Clients who are even likely to be connected to persons on any sanctions lists maintained by international organizations, European Union bodies or any relevant and trusted public authorities.
14. INTELLECTUAL PROPERTY
- All personal and property rights related to the Blockaris Financial Technologies Website belong exclusively and unrestrictedly to Blockaris Financial Technologies . By agreeing to the Terms, Clients do not acquire a license to any intellectual property belonging to Blockaris Financial Technologies .
- By using the Website, Clients undertake not to:
- modify, adapt, reproduce, translate or create derivative works of any of the materials published on the Website, or any data or content contained on the Blockaris Financial Technologies Website, nor attempt to discover the source code of the Website in any way;
- remove any copyright notices, trademarks, designations, logos or identifications from the Website;
- deceptively or misleadingly present websites other than the Site by imitating the appearance, content or overall feel of the Site, or otherwise infringing on the intellectual property of Blockaris Financial Technologies ; and
- interfere in any way with Blockaris Financial Technologies ' advertisements, banners, links or marketing campaigns published on the Website.
- Blockaris Financial Technologies has the right to immediately, even without prior notice, provide the Crypto Asset Services and/or prevent access to the Website and/or refuse to open an Account or cancel the Account of any Client if they fail to fully comply with Section 14.
15. PERSONAL DATA
- Blockaris Financial Technologies processes personal data of Clients. More information about the processing of personal data of Clients is provided in the Privacy Policy available on the Website.
16. COMMUNICATION
- Clients and Blockaris Financial Technologies communicate regarding matters related to the Crypto Asset Services via email messages delivered to their email addresses, which method of communication requires only the standard hardware and software of a regular smartphone or computer, and also requires a functional connection to the Internet network.
- Clients and Blockaris Financial Technologies communicate with each other in a language that both Clients and Blockaris Financial Technologies fully understand.
- Clients have the right to be provided with written information regarding the Crypto Asset Services to a reasonable extent and with reasonable regularity. In the event that the exercise of this right would be excessively burdensome for Blockaris Financial Technologies , Blockaris Financial Technologies will notify the Client and inform him that further provision of written information regarding the Crypto Asset Services may be subject to a reasonable fee determined by Blockaris Financial Technologies .
- Blockaris Financial Technologies undertakes to inform Clients in writing via e-mail messages delivered to the Clients' e-mail addresses that they have notified Blockaris Financial Technologies of any suspicions or occurrence of fraud or other security threats. Blockaris Financial Technologies will provide a clear description of the fraud or security threat in this written information and will also advise Clients on how to effectively defend against it, if Blockaris Financial Technologies is aware of such a method.
- Blockaris Financial Technologies undertakes to inform Clients in writing via email messages delivered to the Clients' email addresses notified to Blockaris Financial Technologies of any unauthorized or incorrectly executed transfers of Cryptoassets, if Blockaris Financial Technologies becomes aware of such transfers.
17. COMPLAINTS
- Blockaris Financial Technologies provides information on the resolution of complaints addressed to Blockaris Financial Technologies by its Clients in connection with the provision of Services, which information is primarily:
- the conditions for the admissibility of a complaint;
- content and form of the complaint;
- stages and deadlines in the complaints procedure;
- initiation and course of the complaint procedure;
- a remedy in the complaint procedure; and
- appropriate measures.
- A complaint is an expression of dissatisfaction addressed to Blockaris Financial Technologies by one of its Clients in connection with the provision of one or more Cryptoasset Services.
- The Client has the right to file a complaint if he is dissatisfied with the provision of Crypto Asset Services by Blockaris Financial Technologies . A potential client or visitor to the Website also has the right to file a complaint if the complaint concerns the Website, marketing or promotional activities of Blockaris Financial Technologies ; in such case, the other provisions of this chapter of the Terms shall apply accordingly.
- Filing a complaint is free of charge. Clients will not be charged any fee for receiving, investigating or preparing a complaint investigation report, regardless of whether the complaint is considered justified or unfounded.
- Blockaris Financial Technologies communicates with Clients through its employee responsible for handling complaints, who is:
Alexandr Konevcov
e-mail: akonevtsov@gmail.com
phone number: +420 773 312 325
- Clients are required to file a complaint in Slovak or English. Blockaris Financial Technologies communicates with the Client in Slovak or English throughout the complaint procedure, depending on which of these languages the Client used when preparing the complaint. Communication between Blockaris Financial Technologies and the Client takes place in written electronic form via electronic messages and, at the Client's request , may take place in written paper correspondence delivered by the postal service.
- If the Client has requested Blockaris Financial Technologies to communicate in written form, Blockaris Financial Technologies will deliver all documents to the Client not only in electronic form to the email address provided by the Client to Blockaris Financial Technologies , but also in written form to the address of residence provided by the Client to Blockaris Financial Technologies , via the postal service.
- A complaint is admissible and will be investigated if the following conditions are cumulatively met:
- the complaint concerns the Crypto Asset Services provided to the Client by Blockaris Financial Technologies ;
- the complaint was filed within fifteen (15) days from the date of provision of the Crypto Asset Services to Blockaris Financial Technologies ; and
- the complaint is not a re-filed complaint on the same matter without stating new facts or presenting new and relevant evidence.
- If any of the conditions set out herein are not met , Blockaris Financial Technologies will issue a decision rejecting the complaint due to inadmissibility, which will be delivered to the Client.
- The decision to reject the complaint on grounds of inadmissibility shall contain:
- Client identification data;
- the name and description of the complaint; and
- justification for rejecting the complaint.
- The complaint must contain:
- name, surname and address of residence, if the Client is a natural person;
- name, registered office and identification number of the person, if the Client is a legal entity;
- the Client's email address and telephone number;
- reason for filing the complaint;
- an indication of the evidence that proves the merits of the complaint, if this is possible given the subject matter of the complaint; and
- what the Client is seeking by filing a complaint.
- The complaint may (optionally) also contain:
- specification of the contract, invoice or order on the basis of which the crypto-asset services were provided to the Client;
- attachments in the form of evidence available to the Client;
- identification of the specific employee who communicated with the Client and/or provided cryptoasset services on behalf of Blockaris Financial Technologies , if the Client feels that such employee has erred in any way; and
- preferred contact time.
- The content of the complaint must be in Slovak or English and must be in the form of a written paper or electronic message, or a complaint form. In the interest of more economical review and investigation of complaints, Blockaris Financial Technologies recommends that Clients consider preparing a complaint in the form of a complaint form; however, the use of this form is not mandatory.
- The complaint form is available on the Website in the section entitled Complaints.
17.1 PHASES AND TIME LIMITS OF THE COMPLAINT PROCEDURE
- The stages and deadlines of the standard complaints procedure, which are described in detail in the sub-chapters below, can be graphically expressed as follows:
Phase – Deadline
Receipt of a complaint:
within 2 business days from the receipt of the complaint
Complaint investigation:
within 3 weeks* from the receipt of the complaint
Complaint investigation report:
within 1 month* from the receipt of the complaint
Appeal:
within 1 month* from the receipt of the appeal
* in exceptional cases, the deadline may be extended by a reasonable period of time
- In the event of an extension of the deadlines, the Client will always be notified of the reasons for the extension and the expected time for handling the complaint. The deadlines do not include the time required for delivery of the document if delivery is made via the postal service.
- If the expiration of the period is linked to the day of delivery, then the day of delivery is considered to be:
- electronic delivery via electronic message to an e-mail address shall be deemed to be the date of sending the electronic message; and
- postal delivery by a postal company is considered to be the day of delivery of the complaint by a postal courier or the day of receipt of the document at a branch of the postal company.
- Time limits determined in terms of weeks, months or years shall end with the expiry of the day which coincides with the day on which the event determining the beginning of the time limit occurred, and if there is no such day in the month, the time limit shall end on the last day of the month.
- Time limits are calculated from the day following the day on which the event determining the beginning of the period occurred.
- In case of any doubts about the passage of deadlines, it is necessary to contact Blockaris Financial Technologies for information.
17.2 STARTING A COMPLAINT PROCEDURE
- The complaint procedure begins with the filing of a complaint.
- The complaint shall be filed with Blockaris Financial Technologies , either:
- electronically to the email address hello@tranzex.io; or
- by mail to the address of the registered office of Blockaris Financial Technologies .
- In the event of any deficiencies causing the objective impossibility of investigating or preparing a complaint investigation report, the Client will be requested to eliminate the deficiencies in the complaint so that the complaint can be properly investigated and a complaint investigation report can be prepared on its investigation.
- A complaint is deemed to have been filed on the date of its receipt by Blockaris Financial Technologies.
17.3 COMPLAINT PROCEDURE
- Blockaris Financial Technologies will promptly send the Client an acknowledgement of receipt of the complaint after the complaint has been filed. The complaint is deemed to have been received on the date of issuance of the acknowledgement of receipt of the complaint.
- If the Client does not receive a confirmation of receipt of the complaint by electronic message to the email address provided to Blockaris Financial Technologies within two (2) business days of submitting the complaint, he/she should contact Blockaris Financial Technologies again regarding this matter .
- In the event that the Client has requested communication by means of documents, it is necessary to take into account the delivery time via the postal service; however, confirmation of receipt of the complaint should be delivered to the Client as a standard within five (5) business days.
- In the event of non-delivery of the acknowledgement of receipt of the complaint within the deadlines, it is necessary to contact Blockaris Financial Technologies by telephone in order to resolve possible delivery problems.
- The acknowledgement of receipt of the complaint contains:
- the name, surname, e-mail address and telephone number of the employee responsible for handling complaints;
- date of receipt of the complaint;
- a reference to the provisions of the Terms relating to complaints, which includes, among other things, information on the timeframe within which the complaint will be resolved; and
- If the complaint is submitted via an electronic form, a copy of the complaint is also attached to the acknowledgement of receipt.
- Upon receipt of a complaint, Blockaris Financial Technologies will conduct an investigation to determine whether the complaint:
- contains all the requirements; and whether
- is permissible.
- If the complaint does not contain all the content requirements or contains other shortcomings, Blockaris Financial Technologies will notify the Client via an electronic message to the e-mail address provided to Blockaris Financial Technologies about the shortcomings of the complaint and the way in which they can be eliminated, and will set a reasonable deadline for the Client. Blockaris Financial Technologies will also inform the Client that if the specified shortcomings are not eliminated within the specified deadline, his complaint will be rejected due to the impossibility of its proper investigation.
- If the complaint is not admissible, Blockaris Financial Technologies will notify the Client via an electronic message to the email address provided to Blockaris Financial Technologies that the complaint is rejected as inadmissible and will provide the Client with a clear justification.
- If the complaint is admissible and contains all the content requirements of a complaint, Blockaris Financial Technologies informs the Client via an electronic message to the email address provided to Blockaris Financial Technologies that the complaint is admissible and complete, and will be investigated.
- Blockaris Financial Technologies will investigate the complaint after confirming its admissibility and completeness. The investigation of the complaint consists mainly of collecting and analyzing all relevant information related to the complaint. During the investigation of the complaint, Blockaris Financial Technologies will duly inform the Client of all steps taken in order to investigate the complaint and respond to the Client's requests to an appropriate extent without undue delay.
- Blockaris Financial Technologies investigates complaints promptly and, in the case of a difficult investigation, within three (3) calendar weeks of receipt of the complaint, and in the process of investigating the complaint, may also request the Client to submit evidence, factual allegations or explanations in the interest of its proper investigation.
- The investigation of the complaint shall be followed by the preparation of a complaint investigation report in writing and in the same language in which the Client prepared the complaint, which shall contain:
- analysis of the situation described by the Client in the complaint;
- a conclusion on whether the complaint is well-founded or not;
- justification of the conclusion;
- an instruction that an appeal may be filed against the complaint resolution report and an indication of the time limit within which an appeal may be filed; and
- if the complaint is justified, appropriate measures are also taken, the purpose of which is to remedy the complainant's state of dissatisfaction and prevent the occurrence of similar situations.
- Blockaris Financial Technologies considers complaints to be justified primarily if Blockaris Financial Technologies , when providing Crypto Asset Services, violated the Terms and Conditions that it undertook to comply with and provide Crypto Asset Services in accordance with them.
- Blockaris Financial Technologies is obliged to address all points raised in the complaint and to state in the justification of the complaint investigation report all the reasons that influenced the assessment of the complaint.
- Blockaris Financial Technologies is obliged to maintain consistent decision-making practices, and therefore there must be no different and unjustified decisions on the same or similar complaints.
- The complaint resolution report shall be prepared promptly upon completion of the complaint investigation and shall be promptly delivered to the Client at the email address provided to Blockaris Financial Technologies . In any event, the complaint resolution report shall be delivered to the Client within one (1) month of receipt of the complaint .
- In justified cases, the period may be extended by a reasonable period of time, and if this happens, the Client will be immediately notified of the reasons for the extension and the expected delivery of the complaint resolution report via electronic message to the email address provided to Blockaris Financial Technologies .
17.4 REMEDY IN APPEAL PROCEEDINGS
- The client has the right to file an appeal against the decision to reject the complaint or the complaint investigation report, which is the sole remedy.
- The appeal should contain the reasons why the Client believes that his complaint should have been considered admissible or well-founded.
- The appeal may be filed within five (5) days from the date of delivery of the decision to reject the complaint due to inadmissibility or the report on the handling of the complaint to the email address provided by the Client to Blockaris Financial Technologies .
- The appeal must be in writing and submitted :
- electronically to the email address hello@tranzex.io; or
- by mail to the address of the registered office of Blockaris Financial Technologies .
- The period is calculated from the day following the day on which the complaint resolution report was delivered to the Client, with the day on which the complaint resolution report was sent to the email address provided by the Client to Blockaris Financial Technologies being considered the day of delivery of the complaint resolution report.
- Blockaris Financial Technologies will then, within one (1) month of receipt of the appeal, issue a statement on the appeal stating:
- analysis of the reasons why the Client believes that his complaint:
- should have been considered admissible; or
- considered justified.
- a conclusion on whether the appeal is upheld or not;
- justification for the conclusion; and
- if the appeal is granted on the grounds that:
- the complaint is considered admissible, the opinion is considered a confirmation of receipt of the request and further action will be taken, of which the Client will be notified and informed;
- appropriate measures, the purpose of which is to remedy the Client's state of dissatisfaction and prevent the occurrence of similar situations.
- Blockaris Financial Technologies will deliver the opinion to the Client immediately after its preparation:
- electronically to the email address provided to Blockaris Financial Technologies ; or
- by mail to the residence address provided to Blockaris Financial Technologies .
17.5 REASONABLE MEASURES
- Appropriate measures are:
- elimination of problems that occurred while providing services to the Client;
- re-provision of Cryptoasset Services that were provided incorrectly due to problems encountered in the provision of Cryptoasset Services, if this is practical and possible;
- providing a discount on future services to be provided to the Client; and
- amending internal regulations to prevent similar situations from occurring.
- The choice of appropriate measures depends solely on Blockaris Financial Technologies and the Client is not entitled to have a justified complaint or satisfactory appeal resolved by an appropriate measure of its choice.
- Blockaris Financial Technologies takes all appropriate measures without delay to ensure maximum Client satisfaction and to ensure that the provision of services is of high quality, efficient and problem-free.
18. SUPERVISORY AUTHORITY
- Blockaris Financial Technologies is supervised by the competent national regulatory authority, which is the National Bank of Slovakia , with its registered office at Imricha Karvaša 1, 813 25 Bratislava, Slovak Republic.
19. ADDENDA
- A list of numbered and dated amendments, together with their content or a reference to their content, will be provided in this chapter. However, the Terms and Conditions do not yet have any amendments.
20. FINAL PROVISIONS
- The Terms and Conditions are drafted in the Slovak language, which takes precedence over any language versions of these Terms and Conditions that were not provided to the Client by Blockaris Financial Technologies .
- The relationship between Blockaris Financial Technologies and Clients is governed by the laws of the Slovak Republic and the relevant legal regulations of the European Union.
- In the event of disputes between Blockaris Financial Technologies and Clients, the courts of the Slovak Republic have jurisdiction to hear and decide on them.