**Terms and Conditions**
By registering a new user account, using any of the services, or visiting any section of this site, users enter into a legal agreement that binds them to these Terms and Conditions, the Privacy Policy, and any additional terms related to promotions, bonuses, or special offers that may be available on the site from time to time. It is crucial for users to carefully read and understand these Terms before accepting them. If there are any doubts or uncertainties regarding the rights and obligations arising from these Terms, users are strongly advised to consult with a legal advisor or expert in their jurisdiction. If users do not agree to be bound by these Terms, they should refrain from creating an account or continuing to use the site. Any further use of the site will be considered acceptance of these Terms.
**Understanding and Acceptance of Terms**
Users have the freedom to choose whether to use the services offered on the site. This choice is entirely at their discretion and risk. It is essential to recognize that the use of cryptocurrencies and related services involves certain risks, including but not limited to market volatility, technical issues, and regulatory uncertainties. Users are encouraged to exercise due diligence and seek professional advice if needed before engaging in any transactions or activities on the site.
**Disclaimers and Nature of Cryptocurrencies**
Cryptocurrencies, such as Bitcoin, are digital representations of value that operate independently of central banks or public authorities. They function within a decentralized network, relying on a consensus mechanism that enables peer-to-peer transactions and electronic transfers. Unlike traditional currencies, cryptocurrencies are not issued or controlled by any central authority, which means they are not subject to the same regulatory frameworks that govern conventional financial instruments.
The company provides exchange services for purchasing and selling cryptocurrencies, as well as arranging the delivery of cryptocurrencies to third parties. These services do not constitute payment services as defined by Act No. 284/2009 Coll. on payments. Cryptocurrencies are not considered electronic money because they are not necessarily tied to a conventional currency and do not have a fixed value. The exchange of conventional currency for cryptocurrency or vice versa is not considered a foreign currency exchange transaction under Act No. 277/2013 Coll. on exchange activities.
Users must acknowledge that operations involving cryptocurrencies are not supervised by any Czech or European Union regulatory authority. As such, these operations do not require special permissions or licenses. Users are responsible for understanding the risks and implications associated with cryptocurrency transactions and should exercise caution when engaging in such activities.
**Definitions and Key Terms**
To ensure clarity and understanding, the following definitions are provided for key terms used throughout these Terms and Conditions:
- **Act 480/2004**: This refers to the Act No. 480/2004 Coll. on Certain Information Society Services and on amendments to certain acts, as amended. This act governs various aspects of information society services in the Czech Republic.
- **Agreement**: The Agreement refers to the contractual relationship between the Company and the User regarding the provision of services. This Agreement is governed by the laws of the Czech Republic, and the Company does not charge any fee for its establishment.
- **Alternative Authentication**: This term refers to additional methods of verifying the identity of the User. These methods may include supplementary questions, the answers to which should only be known by the User, or the provision of identification documents such as a passport, driving license, or national ID. Alternative authentication procedures may also involve requesting the User to provide a photo of their identification document along with a selfie or other information that can help verify their identity.
- **AML Policy**: The AML Policy refers to the internal set of rules and procedures implemented by the Company to prevent money laundering and the financing of terrorism. These rules are mandated by relevant laws and regulations, including the AML Act.
- **AML Act**: The AML Act refers to Act No. 253/2008 Coll. on certain measures against the legalization of criminal proceeds and terrorist financing, as amended. This act outlines the legal framework for anti-money laundering efforts in the Czech Republic.
- **Authentication**: Authentication refers to the process of verifying the identity of the User using an Authentication Code sent to the User's device via SMS or email. This code is a one-time usage code that cannot be used repeatedly and has a limited validity period. Authentication is essential for ensuring the security and integrity of transactions and activities on the site.
- **Authentication Code**: The Authentication Code is a unique numeric code delivered by SMS to the User's device or by email to the User's email address. This code serves as a one-time-usage identifier for verifying the identity of the User accessing the site. It is crucial for maintaining the security of the User's account and preventing unauthorized access.
- **Authorization**: Authorization refers to the process of confirming the parameters of an Order submitted by the User. By providing the Authorization Code, the User expresses their consent to the execution of the Order. Authorization is a critical step in ensuring that transactions are carried out accurately and in accordance with the User's intentions.
- **Authorization Code**: The Authorization Code is a numeric code delivered by SMS to the User's mobile phone. This code is used to confirm the parameters of an Order submitted by the User. It is a one-time-usage code that cannot be used repeatedly and has a limited validity period. The Authorization Code is essential for ensuring the accuracy and security of transactions on the site.
- **Civil Code**: The Civil Code refers to Act No. 89/2012 Coll., the civil code of the Czech Republic, as amended. This code governs various aspects of civil law, including contractual relationships and obligations.
- **Company**: The Company refers to Offcal s.r.o., a legal entity registered in the Czech Republic with the registration number 07225644. The Company is responsible for providing the services outlined in these Terms and Conditions.
- **Cryptocurrency**: Cryptocurrency refers to any digital currency based on distributed ledger technology, without any central issuer. Examples of cryptocurrencies include Bitcoin and other digital currencies made available on the site. Cryptocurrencies operate independently of central banks and public authorities, relying on a decentralized network for transactions and transfers.
- **Device**: The Device refers to the registered mobile phone of the User. The Device is used for receiving Authentication Codes and other important notifications related to the User's account and activities on the site.
- **Exchange**: Exchange refers to the process of converting Money into Cryptocurrency or vice versa via the site. The Company facilitates this process by arranging the exchange based on the User's Order and the current Exchange Rate.
- **Exchange Rate**: The Exchange Rate refers to the rate at which transactions are conducted on the site. The Exchange Rate is determined by the Company based on various factors, including market references, supply and demand, and anticipated developments in the cryptocurrency market.
- **Fees**: Fees refer to the document containing information about the fees, limits, and processing times for the provision of services. Users are advised to review the Fees document to understand the costs associated with using the services offered on the site.
- **Force Majeure**: Force Majeure refers to any event or circumstance beyond the control of the User or the Company, including but not limited to natural disasters, technological failures, software errors, hardware faults, hacker attacks, unexpected high load on the site, political or governmental actions, or similar events. Force Majeure events may result in service unavailability or other disruptions to the site's functionality.
- **Fork**: A Fork refers to a situation in which a blockchain splits into two separate chains, either temporarily or permanently. Forks can occur due to various reasons, such as differences in consensus rules or radical changes to the protocol. The Company does not support hard or soft forks of the enabled cryptocurrencies on the site, and any resulting assets from such forks are considered the property of the Company.
- **Money**: Money refers to national currencies that are technologically supported by the site for the purpose of exchanging with cryptocurrencies. Users can use Money to purchase cryptocurrencies or withdraw funds from their accounts.
- **Non-cash Transaction**: A Non-cash Transaction refers to the purchase or sale of Cryptocurrency in exchange for Money, carried out by non-cash transfer of Cryptocurrency and Money. Non-cash transactions are facilitated by the site to ensure the secure and efficient transfer of funds.
- **Order**: An Order refers to a request submitted by the User to the Company for the execution of a specific transaction or service. Orders must be clear, specific, and contain all necessary information to facilitate their execution.
- **Personal Data Protection Act**: The Personal Data Protection Act refers to Act No. 101/2000Coll., on the personal data protection and about amendments of certain laws, as amended. This act governs the protection of personal data in the Czech Republic and outlines the rights and obligations of data controllers and data subjects.
- **Privacy Policy**: The Privacy Policy refers to the set of rules regarding the protection of privacy and data in compliance with relevant laws. The Privacy Policy outlines how the Company collects, uses, and protects the personal data of Users.
- **Profile**: The Profile refers to the secured part of the site created upon the registration of the User. The Profile provides restricted access to the User and contains important information related to their account, transactions, and activities on the site. The Profile serves as the main communication channel between the User and the Company.
- **Registration**: Registration refers to the initial process of creating a Profile on the site. During registration, Users are required to provide their personal details and complete the initial authentication process to gain access to their Profile and the services offered on the site.
- **Services**: Services refer to the online services provided by the Company via the site. These services include the arrangement of exchanges of Money for Cryptocurrency or vice versa, as well as the transfer and receipt of Cryptocurrency.
- **Site**: The Site refers to the website http://offcal.eu and corresponding software-based applications for computers, smartphones, and other devices that enable the use of the services by Users. The Site serves as the primary platform for Users to access and utilize the services offered by the Company.
- **Technical Support**: Technical Support refers to the support provided by the Company to assist Users with any technical issues or inquiries related to the use of the site and services. Users can access Technical Support via email at
[email protected] or through the site's internal messaging service.
- **Terms and Conditions**: These Terms and Conditions refer to the legal framework governing the contractual relationship between the User and the Company regarding the provision of services. The Terms and Conditions form an integral part of the Agreement and outline the rights and obligations of both parties.
- **Transaction**: A Transaction refers to any transaction or operation conducted on the site, including the exchange of Money for Cryptocurrency, the transfer of Cryptocurrency, and other related activities. Transactions are executed based on Orders submitted by Users and are subject to the Terms and Conditions outlined in this document.
- **User**: The User refers to any natural person or legal entity that has entered into an Agreement with the Company for the provision of services. Legal entities are represented by their statutory body or a representative authorized by a special written power of attorney. Users are responsible for complying with these Terms and Conditions and any applicable laws and regulations.
**The Agreement**
The Agreement between the User and the Company is established upon the completion of the registration process. These Terms and Conditions form an integral part of the Agreement and outline the detailed rights and obligations of both parties regarding the provision and use of services. The Agreement is governed by the laws of the Czech Republic, and any disputes arising from or in connection with the Agreement will be subject to the jurisdiction of Czech courts.
Upon signing the Agreement, Users express their explicit and unconditional consent to these Terms and Conditions. By accepting the Agreement, Users also acknowledge their obligation to fulfill all duties and responsibilities stipulated by these Terms and Conditions. The Company reserves the right to amend the Terms and Conditions to reflect changes in legislation, market conditions, technological developments, or commercial policies. Users will be informed of any proposed amendments at least one calendar month in advance via their Profile. Users are required to review and familiarize themselves with the new version of the Terms and Conditions and express their consent or disapproval in writing. If Users do not express their disapproval within the specified timeframe, the amendments will be deemed accepted and will become effective.
In the event that Users do not agree with the amended Terms and Conditions, they have the right to terminate the Agreement without incurring any costs before the effective date of the new Terms and Conditions. The termination of the Agreement will become effective on the day it is delivered to the Company. The Privacy Policy, AML Policy, and Fees document are also integral parts of the Agreement, and the Company is entitled to amend these documents in accordance with the rules governing amendments to the Terms and Conditions.
**Subject of the Agreement**
The Company is obligated to provide Users with access to the site, through which the services are offered. Users have the right to use the services and are obligated to pay the agreed fees for their use, as outlined in the Fees document. The services provided by the Company include the arrangement of exchanges of Money for Cryptocurrency or vice versa, as well as the transfer and receipt of Cryptocurrency.
**Registration and Profile Management**
To perform transactions on the site, Users are required to complete the registration process and create a Profile. The Profile serves as the primary interface for accessing information related to the User's account, submitting Orders, and communicating with the Company. Users are allowed to use only one Profile, and only the registered User is authorized to access and use the Profile. Users are prohibited from transferring funds between accounts of different Users or assigning their rights and obligations under these Terms to third parties.
The registration process involves providing personal details and completing the initial authentication process. Users can create a Profile using their mobile phone number or email address. During registration, Users are required to provide a telephone number or email address to which an Authentication Code will be sent. Users must also choose a password and provide a PIN Code to access their Profile in case of password loss. The Company reserves the right to reject any registration application without providing a reason and without incurring any liability.
Upon completing the registration process, Users gain full access to their Profile. The Profile is accessible via the site using the User's individually set username and password, which must be kept secure and confidential. Users are obligated to notify the Company immediately if their username, password, or other relevant Profile information is lost, stolen, or accessed by unauthorized third parties. Users are responsible for maintaining the confidentiality of their password and are liable for any activities conducted under their account.
In the event that a User forgets their password, a new password can be generated using the available password retrieval mechanisms on the site. Users are advised to change their password regularly and keep their identification details up-to-date. The Company is not responsible for any damage or losses resulting from incorrect Orders, loss or theft of passwords, or unauthorized access to the User's Profile that has not been reported in accordance with these Terms and Conditions.
The Company reserves the right to delete a User's Profile in certain cases, such as inactivity for more than one year, use of false or incomplete information, or violation of any provisions of these Terms. Inactive Profiles may be deleted after three previous email warnings sent thirty, ten, and one day prior to the deletion.
**Due Diligence and Compliance**
Users are obligated to provide all necessary cooperation and accurate information in relation to the due diligence procedures established on the site. These procedures are required by relevant laws, including the AML Act, and are essential for preventing money laundering and the financing of terrorism. The Company uses Finchecker services for due diligence procedures and reserves the right to change the contractor without notifying Users. The amended name of the contractor will be indicated in the Terms and Conditions.
**Services and Transactions**
The site offers two different sections for Users: individual and merchant. As an individual, User scan perform various transactions, including accepting cryptocurrency, replenishing their balance with fiat currency, exchanging cryptocurrency for fiat currency and vice versa, withdrawing crypto or fiat currency, making mass payments, earning money through an affiliate program, and communicating with Technical Support. As a merchant, Users can perform additional transactions, such as creating invoices, connecting acquiring services to their online store or service through the API, setting up automatic bill payments, and configuring automatic payment of received funds to a bank account or crypto account.
The Company provides services to Users based on specific Orders submitted through the appropriate forms on the site. Orders must be clear, specific, and contain all necessary information to facilitate their execution. Users are allowed to submit Orders to purchase or sell Cryptocurrency at the Exchange Rate, as well as to process other transactions that are technically available on the site. The receipt of Cryptocurrency from a third party does not require any action or Order to be submitted by the User.
Orders submitted by Users are verified by the Company through a pre-set PIN code, SMS sent to the User's Device, a QR code, or other means available on the site. Users can submit automatic Orders that are executed at a specific time or repeatedly when certain conditions are met. Any debts owed by the User to the Company can be set off by the Company, and fees related to transactions or other operations are deductible upon execution.
The types and amounts of fees charged by the Company for the provision of services are outlined in the Fees document. The Company reserves the right to update and edit the Fees document, and Users may pay fees in Cryptocurrency or Money, as stated in the document.
**Money Transactions and Management**
To purchase Cryptocurrency, Users can use their credit or debit card or transfer the corresponding amount of Money to the Company's bank account indicated on the site. Users are responsible for any costs and fees associated with the transfer of Money, and the purchase of Cryptocurrency is subject to the current Exchange Rate. The corresponding amount of Money available for transactions is indicated in the User's Profile.
To request the withdrawal of unused Money, Users must fill in the corresponding form in their Profile and specify the details of their bank account to which the Money will be transferred. For security reasons, withdrawal requests may be subject to a hold period of up to 30 calendar days following any substantial changes to the Profile information, such as password, authentication method, or bank account details.
The Company reserves the right to refuse to process or cancel Orders under suspicious circumstances or to protect the User's interests. Money sent to the Company by the User for the purpose of purchasing Cryptocurrency becomes the property of the Company. Users are informed of the corresponding amount of Money sent to the Company in their Profile, which also provides are cord of all past transfers of Money.
Quantitative and time limits for the purchase of Cryptocurrency and the request for the transfer of Money are stipulated in the Fees document. The Company is not a provider of payment services and is not liable for services provided by authorized third parties, such as credit institutions and payment service providers. The Company is authorized to use Money without the User's consent in specific instances, such as settling service charges, performing legal obligations, settling mutual liabilities, or in case of termination of the Agreement.
**Cryptocurrency Transactions and Management**
The Company does not support hard or soft forks of the enabled Cryptocurrencies on the site. Any assets resulting from such forks are considered the property of the Company, and no compensation is provided to Users for them. Users have access to Cryptocurrency via their Profile, which enables them to transfer, receive, and exchange Cryptocurrency.
The Profile provides Users with information about the processing of transactions, as well as are cord of all cancelled, executed, and not-executed Orders for a period of 10 years since the User's registration. The Company is not allowed to block, write off, or otherwise handle the Cryptocurrency purchased via the site, unless specified otherwise in the Agreement. The Company does not accrue or pay any interest on Cryptocurrency holdings and is not liable for exchange rate fluctuations or changes in the value of Cryptocurrency.
In justified cases, the Company reserves the right to refuse to receive Cryptocurrency or carry out Cryptocurrency transactions, such as when suspicious circumstances arise or when it is necessary to protect the User's interests. Quantitative and time limits for Cryptocurrency transactions are set in the Fees document.
**Exchange of Cryptocurrency**
Users are allowed to exchange Money for Cryptocurrency with other Users via the site based on the current Exchange Rate disclosed on the site. The Exchange is executed through the site based on an Order submitted by the User via their Profile. The Company is not a party to the Exchange between Users and only arranges the technical aspects of the transaction.
The Exchange is executed based on an Order to Exchange, which can be either a Market Buy Order or a Market Sell Order. A Market Buy Order represents the User's offer to buy a certain amount of Cryptocurrency at the current Exchange Rate disclosed on the site. If multiple Market Sell Orders are placed on the site by other Users at the time of the Market Buy Order, the Exchange is effectuated with the first matching Market Sell Order submitted to the site, based on time priority.
A Market Sell Order represents the User's offer to sell a certain amount of Cryptocurrency at the current Exchange Rate disclosed on the site. If multiple Market Buy Orders are placed on the site by other Users at the time of the Market Sell Order, the Exchange is effectuated with the first matching Market Buy Order submitted to the site, based on time priority.
Orders can remain active until they are fully or partially completed, cancelled by the User or the system, or matched with a corresponding counter Order. Orders can be executed partially, in which case a new Order for the outstanding balance is automatically placed. The settlement of Orders is carried out by the automatic transfer of the corresponding Money and Cryptocurrency indicated in the Order and counter Order by the Company.
Without unnecessary delay after the conclusion of the Exchange, the Company provides the User with a Transaction confirmation containing the agreed terms and conditions of the Exchange, the date of conclusion, and the identification of the Users involved in the Exchange. Information on all submitted, cancelled, executed, and settled Orders is made available to the User via their Profile.
Quantitative and time limits for the Exchange are set in the Fees document.
**Intellectual Property Rights**
The Company either owns or has obtained the necessary permissions to use all content available on the site, including but not limited to HTML code, text, images, audio/video clips, and other materials. Users are granted a non-exclusive, non-transferable, revocable, limited license to access and use the site and its content in accordance with these Terms.
Users agree that the Company is not liable for any losses incurred as a result of using this limited license. Users are prohibited from modifying any content on the site or using it for commercial purposes. Users are also prohibited from copying, reproducing, or sharing the content in any manner that could harm or disrupt the services, site, or the Company's operations.
The Company reserves the right to change, modify, add, remove, or terminate this license at anytime for any reason. Except as expressly provided in these Terms, Users are not granted any license or right to the intellectual property rights of the Company or any third party. The site and its content are protected by copyrights, trademarks, service marks, patents, and other proprietary rights and laws. Users are not granted the right to use any branding or logos used in the services.
**Delivery of Cryptocurrency via the Site**
The Company offers Users the arrangement for the delivery of Cryptocurrency from the User to a third party via the site. Cryptocurrency can be sent to other Users' Cryptocurrency wallets with Offcal or third-party providers, specified mobile numbers, or any other persons with a Cryptocurrency wallet with a third-party provider. Cryptocurrency can also be sent to any person who is not a User at the time of the transfer, in which case the recipient will receive a notification via SMS confirming the transfer and providing a link to register as a User with Offcal to access the Cryptocurrency.
To initiate the delivery of Cryptocurrency, the User must specify the amount of Cryptocurrency to be transferred and the destination of the transfer in an Order. To finalize the Order, the User must provide an Authorization Code sent to their Device, as well as the PIN Code in their Profile.
Information on all submitted, cancelled, executed, and settled Orders is made available to the User via their Profile.
**Representations and Warranties**
Users declare that they fully understand the general principles and features of Cryptocurrencies, including their intangible nature, governance mechanisms, rapid changes in value, and the risks involved in using, holding, exchanging, or investing in Cryptocurrency. Users also declare that they have the full legal capacity to engage in transactions with Cryptocurrency and are not subject to any limitations or restrictions regarding such activities. If the User is a legal entity, it warrants that it is duly established and existing in accordance with the applicable laws governing its establishment and existence. The person acting on behalf of the legal entity represents that they are authorized to act on behalf of the entity and to undertake obligations pursuant to these Terms.
Users acknowledge that the Company discloses the current Exchange Rate and past Exchanges concluded via the site. However, the Company does not provide any recommendations or forecasts regarding the Exchange Rate. Users accept all economic risks related to concluding any Exchange at the Exchange Rate disclosed on the site at the time of submitting the Order. The Company does not guarantee that an Order will be executed.
Users understand that all operations involving Cryptocurrency have an irreversible character, and assets acquired during an Exchange can only be returned through an additional Transaction agreed upon with the respective User. In the event of a Force Majeure, the Company reserves the right not to finalize the respective Transaction. Users are obligated to keep the information in their Profile up-to-date and submit any changes without delay.
Users acknowledge that the site is under continuous development, and occasional technical irregularities may occur, potentially restricting or making certain functionalities temporarily unavailable. The Company will use its best efforts to inform Users of any such issues. Users accept the risks associated with using the site and acknowledge that the site may contain external links to third-party sites. The Company is not liable for the content or accuracy of information on third-party sites and does not assume responsibility for any opinions, statements, advertising materials, or consequences arising from the use of third-party sites.
Users acknowledge that the Company is required by the AML Act to obtain certain information and documents from Users and persons acting on their behalf for the purpose of conducting due diligence and verifying compliance with anti-money laundering regulations. Users are obligated to provide the necessary information, documents, and cooperation to the Company for this purpose.
Users warrant that all information provided to the Company or other persons involved in the operation of the site is genuine and complete. If the information provided is false or incomplete, or if the User omits to provide certain information, the Company is not responsible for any damages, losses, or harm that may occur to the User or third parties as a result. The Company reserves the right to delete the User's account if false or incomplete information is provided.
Users are responsible for obtaining the necessary information regarding tax or similar obligations arising from the use of the site and services, as well as for complying with such obligations. The Company is not responsible for obtaining such information or fulfilling tax obligations on behalf of Users. Users acknowledge that the Company is not considered a tax agent for the User.
The Company does not intend to enable Users to contravene applicable laws, and Users represent, warrant, and agree to ensure that their use of the site and services complies with all applicable laws, statutes, and regulations. The Company is not responsible for any illegal or unauthorized use of the site by Users.
Users are prohibited from concluding Exchanges with other Users based on Orders submitted on the site outside of the site or in a manner that does not adhere to the procedures outlined in these Terms. Users are also prohibited from using the site in any manner other than as stipulated in the Agreement, including promoting or marketing products or services on the site without a specific agreement with the Company.
Users are prohibited from copying or disclosing any information made available to them on the site, except when explicitly permitted by the site's functionality. Users are also prohibited from copying or using the site or its design for purposes other than those intended for the use of the services in accordance with the Agreement and these Terms. Users are not allowed to use the personal data of third parties without their permission or modify the site or its functionality in anyway.
Citizens and legal entities from certain countries and territories are prohibited from registering on the site and using its services. These countries and territories include Afghanistan, Albania, Bangladesh, Barbados, Belarus, Botswana, Burkina Faso, Cambodia, Cayman Islands, Crimea, Donetsk People's Republic, Ghana, Iran, Iraq, Jamaica, Luhansk People's Republic, Libya, Mauritius, Morocco, Myanmar, Nicaragua, North Korea, Pakistan, Panama, Republic of Cuba, Russian Federation, Senegal, Somali, Sudan, South Sudan, Syria, Uganda, Ukraine, USA, Yemen, Venezuela, and Zimbabwe. If Users are unsure whether they are allowed to register on the site, they should contact the Company for clarification.
**Exclusion of Liability and Terms Breach**
The Company is not liable for any loss or damage, including but not limited to the loss of data, profits, business opportunities, goodwill, or reputation, as well as business interruption or any losses that are not currently foreseeable by the Company, arising from or in any way connected with the User's use of the site or any links contained on the site.
Users agree to fully indemnify and hold harmless the Company, its directors, employees, partners, and service providers for any costs, expenses, losses, damages, claims, liabilities, and expenses, including legal fees and any other charges, arising in relation to the User's use of the site.
In the event of a breach by the User of any obligation under the Agreement or applicable laws, or in the event of collusion with another User or third party for such purposes, the Company reserves the right to restrict access to certain functionalities of the site, temporarily freeze the User's Profile, cancel the Profile, or terminate the Agreement with immediate effect. The Company also reserves the right to require compensation for any loss or damage caused by the breach of the User's obligations, and the User will be required to cover any claims, liabilities, costs, or expenses, including legal fees, arising from such a breach.
The Company is not liable for any loss caused by the User's use of the site, unless such loss was caused deliberately by the Company.
**Assignment of Rights and Obligations**
The Company reserves the right to assign its receivables under the Agreement or assign the Agreement itself to any third party. By accepting the Agreement, Users provide their consent for such assignments. In the event of an assignment, the Company will inform Users via their Profile.
**Non-disclosure Obligation**
The Company is obligated to maintain the confidentiality of any information regarding the User, their Profile, Money, and Cryptocurrency obtained through transactions and the provision of services under the Agreement. This non-disclosure obligation is not breached in cases where such information is publicly available, disclosure is required by applicable laws or judicial or public authorities, or the User agrees to such disclosure. The non-disclosure obligation remains in effect even after the termination of the Agreement.
Users authorize the Company to use any information available in their Profile for the purpose of improving the services and the site, as well as for the Company's marketing purposes.
**Duration and Termination of the Agreement**
The Agreement is entered into for an indefinite period and can be terminated by either party at anytime. Upon termination of the Agreement by the User, the termination becomes effective the day following the delivery of the notice of termination to the Company, unless a later effective date is specified in the notice. The Company will inform the User of any outstanding obligations, liabilities, transactions, and Orders that have not yet been settled and will provide the terms and manner in which such obligations will be settled.
In the event of termination by the User, any outstanding liabilities will be settled as of the effective date of termination. The Company will send any unused Money to the User's bank account and make the Cryptocurrency purchased via the site available to the User. The Company may terminate the Agreement in writing, effective at the end of the second calendar month following the delivery of the notice of termination to the User, unless a later time is specified in the notice or agreed upon with the User. Upon termination, the Company will settle any outstanding liabilities and perform any outstanding transactions under Orders submitted prior to the delivery of thenotice.
Notices of termination must be provided in the language in which the Agreement was executed or in Czech. The Agreement may also be terminated by mutual agreement of the parties, which must be made in writing. Termination of the Agreement does not affect any transactions concluded under the Agreement or the existing rights and duties of the parties, which will be settled in accordance with the applicable provisions of the Agreement.
**Complaints and Support**
Users have the right to submit complaints regarding the operation of the site via the communication channels available on the site or by email to Technical Support. The Company will assess such complaints without unnecessary delay and inform the User of its conclusion within 30 days of receipt. This procedure also applies to any queries submitted by the User.
**Personal Data Protection**
The processing of personal data to the extent necessary for the conclusion and performance of the Agreement is carried out in accordance with the Personal Data Protection Act and Act480/2004. Users voluntarily provide their consent to the Company for the processing of their personal data entered in their Profile for the performance of the Agreement, registration, control, and marketing purposes in the course of the Company's business activities. This consent is provided for the duration of the Agreement and for a period of ten years after its termination, butat least for the period necessary to protect the rights of the Company and fulfill statutory obligations.
Users provide their consent for the Company to process their personal data systematically, by automated or other means through an information system. The processing of personal data includes the collection, access, modification, replenishment, repair, search, use, dissemination, disclosure, storage, blocking, and storage on any medium. Users also provide their consent for the Company to access and transfer their personal data to third parties, including persons to whom the Company provides personal data in the course of fulfilling statutory or contractual obligations, persons to whom the Company assigns receivables from the User, or persons with whom the Company negotiates such assignments.
Users acknowledge that the granting of consent to the Company for the processing of personal data is voluntary and that they have been informed of their rights regarding the protection of personal data. Users have the right to access their personal data, request amendments, and exercise other rights provided for in the Personal Data Protection Act. In the event that Users discover a violation of data protection obligations by the Company or any third party to whom personal data have been disclosed, they have the right to contact the Company and, if applicable, the Personal Data Protection Office to request a remedy.
Users have the right to withdraw their consent to the processing of personal data in accordance with the Personal Data Protection Act by sending a registered letter to the Company's registered office. Users also have the right to access their personal data based on a written request and maybe charged for the cost of providing such information. Disagreement with the processing of personal data for marketing purposes does not affect the extent or quality of the services provided to the User by the Company.
**Choice of Law and Dispute Settlement**
The Agreement is governed by and construed in accordance with the laws of the Czech Republic. In the event of any disputes arising from or in connection with the Agreement, the parties agree to first attempt to resolve such disputes through negotiation. If the dispute cannot be resolved through negotiation, it will be decided by the respective courts of the Czech Republic.
**Changes to the Terms and Conditions**
The Company reserves the right to amend, modify, update, or change any of the Terms and Conditions for various reasons, including commercial, legal, or customer service considerations. Users will be notified of any such amendments, modifications, or changes by publishing the new version of the Terms and Conditions on the site. Users are responsible for reviewing and familiarizing themselves with the current Terms and Conditions and are advised to check forupdates regularly.
If any changes to the Terms and Conditions are unacceptable to the User, they may cease using the site and close their Profile in accordance with these Terms. Continued use of the site after the effective date of the revised Terms and Conditions will be deemed binding acceptance of the revised Terms, including any additions, removals, substitutions, or changes to the identity of the Company.
**Concluding Provisions**
The Company deals only with the User or their authorized representative in matters related to the provision of services under these Terms and Conditions and the Agreement. Another person may represent the User in negotiations with the Company only if they have been granted a special power of attorney with an officially authenticated signature.
Only Users who meet the identification requirements under the AML Act may submit Orders, conclude Transactions, and use the services under the Agreement. Users must determine whether they or their related persons are considered politically exposed persons in accordance with the AML Act.
If any clause of the Agreement is found to be void, ineffective, or unenforceable, the validity, effectiveness, and enforceability of the remaining clauses will not be affected. The headings in these Terms and Conditions are provided for reference only and do not affect the interpretation or construction of any provision. If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, it will be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
Any notices or announcements made under these Terms and Conditions or any other messages addressed to the User will be sent by the Company to the User's email address specified in their Profile or made available upon login to the Profile. These Terms and Conditions, including any documents referenced herein, constitute the complete definition of the rights and obligations between the User and the Company and supersede any previous agreements or provisions on the same subject.
These Terms and Conditions may be drawn up in different languages, and in the event of any inconsistencies, the English version will prevail. The Terms and Conditions are effective as of the date of their publication on the site.
This expanded version provides a comprehensive explanation of each section, maintaining the original meaning and structure while offering additional detail and clarity.
