We will not file the T&C with you so please print it out or save it for your records along with all emails, additional terms and policies relevant to your use of the Services
In addition to the definitions included above, the following definitions in the T&C shall have the meaning set forth herein:
Cryptocurrency: means peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).
Confirmation: means blockchain confirmations at a sufficient amount determined at the sole discretion of the Service Provider.
Fiat Currency: means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or law.
Network Costs: means costs (miner fees) for each Cryptocurrency Return in a variable amount of Satoshi, dependent on network conditions and other factors.
Merchant: means the person who sells goods/services to you online and who is the recipient of the Transaction Amount.
Request Amount: means the amount of Cryptocurrency indicated to you and to be transferred by you after you submit the information in accordance with clause 3.2.
Return: means the return of the Cryptocurrency, that has been deposited by you, to your Cryptocurrency Return Address less the Network Costs.
Return Conditions: means duly observance by you of the provisions included in clause 3.5.
Cryptocurrency Return Address: means a Cryptocurrency Address indicated by you for the Return of Cryptocurrency. Where no Cryptocurrency Return Address has been indicated by you, the Cryptocurrency Address shall be regarded as the Cryptocurrency Return Address.
Satoshi: means a one hundred millionth of a single Bitcoin (0.00000001 BTC).
Security Requirements: means the determination by Cryptix and/or the Service Provider at its sole discretion that the Cryptocurrency Address or the Cryptocurrency Return Address is not suspicious and does not pose risk, including by use of public resources and scoring service providers.
Service Provider: means any and all third parties engaged by Cryptix to ensure the provision of Services to you, including platforms providing services for the exchange of Cryptocurrency into Fiat Currency.
Services: means any and all services provided to you by Cryptix in accordance with these T&C.
Sufficient Amount: means the amount of Cryptocurrency which is not less than the Request Amount and which does not exceed the Request Amount by more than 10,000 (ten thousand) Satoshi.
Transaction Amount: means the amount of Fiat Currency owed by you to the Merchant for the relevant sale of goods or services to you by the Merchant.
Time Limit: means the period of time indicated to you for the transfer of Cryptocurrency to the Service Provider, within which the Service Provider shall seek Confirmation.
Cryptocurrency Address: means a unique identifier that serves as a virtual location where the Cryptocurrency can be sent.
To gain access to Services, you shall register in the system by creating an Account.
You should to create a strong password that is not used for any other software, website or online service, and must make reasonable efforts to prevent unauthorized access to the Software or its usage by third parties. If you suspect that unauthorized persons have obtained or may gain access to your Account or will detect any unusual, suspicious, unclear or non-typical changes, you should immediately notify us of such a fact. If the event of the your Account’s password loss you must change such passwords or, if it is not possible, notify us as soon as possible upon receiving information of any such case. If you ignore any facts specified in the clause hereof, you shall be liable for any damage inflicted by any third parties.
To be able to use all functions of Cryptix’s Services, you must meet the criteria of the our compliance service.
Cryptix is a crypto payment gateway that enables various Merchants to accept, send and exchange cryptocurrency payments, thus the Cryptix works only in B2B sphere.
Subject to these T&C, Cryptix shall ensure that your Cryptocurrency is exchanged into the Fiat Currency indicated by the Merchant and transferred to the Merchant. You acknowledge and agree that we use Service Providers for this purpose and you authorise us to use Service Providers, as necessary to provide the Services to you.
Once you have provided us with the requested information, including your e-mail address and Cryptocurrency Return Address, if applicable, we shall designate the Transfer Time within which we expect that the Service Provider will receive from you the relevant Cryptocurrency requested.
If within the Time Limit the Service Provider receives Confirmation that the Cryptocurrency has been or will be received and the Service Provider receives the Cryptocurrency in Sufficient Amount form your Cryptocurrency Address that meets the Security Requirements, the Service Provider shall exchange the Cryptocurrency into Fiat Currency and ensure that the Transaction Amount is received by the Merchant. For the avoidance of doubt we fix the rate for 15 minutes and guarantee that if Cryptocurrency/fiat is received during this time, the exchange will be made at the agreed rate and it the if Cryptocurrency/fiat is received later than 15 minutes, the exchange will be made at the rate at the time of receipt of Cryptocurrency/fiat. Cryptocurrency/fiat funds sent later than 3 hours from the moment the application is initiated are not tracked by us and are not considered a received payment.
If the Service Provider receives the Cryptocurrency:
in Sufficient Amount (above the minimal amount stipulated by us/Service Provider) from your Cryptocurrency Address, but your Cryptocurrency Address does not meet the Security Requirements;
from your Cryptocurrency Address that meets the Security Requirements, but the Cryptocurrency received does not satisfy the Sufficient Amount requirement; or
in Sufficient Amount form your Cryptocurrency Address that meets the Security Requirements, but the Service Provider elects not to exchange the Cryptocurrency into Fiat Currency due to changes in exchange rates, determined at its sole discretion, the Service Provider shall Return to you the Cryptocurrency deposited by you, subject to the Return Conditions.
The Return Conditions are the following:
you provide to us within 30 (thirty) calendar days after such request a Cryptocurrency Return Address that meets the Security Requirements, if the current Cryptocurrency Return Address does not meet the Security Requirements and you have been asked by us to do so; and
the amount of the Cryptocurrency deposited by you exceeds the amount of 10,000 (ten thousand) Satoshi and is in Sufficient Amount.
If you do not satisfy the Return Conditions, the Service Provider shall withhold the Cryptocurrency deposited, it will never be returned to you and the provision of Services to you shall cease.
If the Cryptocurrency deposited is in Sufficient Amount, but exceeds the Request Amount, the Service Provider shall withhold the difference and it will never be returned to you.
If the Service Provider does not receive Cryptocurrency from you, it shall be deemed that you have refused to continue the receipt of the Services and the provision of the Services to you shall cease.
Please note, that if you transfer Cryptocurrency to an incorrect Cryptocurrency Address, whether due to your use of third-party services or otherwise, we will not by any means be able to aid and will not be involved in the recovery of such Cryptocurrency.
We advise you to add a sufficient amount of miner fees to the Request Amount to ensure that our Service Providers receive Confirmation within the Time Limit.
You acknowledge that the Network Costs cannot be agreed between us as a fixed amount of costs, taking into account that they are dependent on network conditions and other factors which are out of our control. You also authorise our Service Providers to determine such desired time for the transfer as they may deem fit, which may also affect the Network Costs. Therefore, you agree to be bound by the Network Costs actually applied for the Return.
If you keep your funds in highly volatile currencies, you must be aware that only you bear the risks of changes in the exchange rates of these currencies and the consequences of the resulting financial losses.
You are responsible for possible errors/typos made when withdrawing funds.
You should pay a fee for the Services of the Cryptix. The fee amount will be shown in your account. Due to the circumstances that impact transactions, such as the transaction time interval, exchange rate difference, etc., the real fee amount may be different from the declared one. The fee shall be paid automatically when you perform a transaction. A fee shall be paid in the currency of transaction. Any transfer expenses (charges/fees/other payments) of your fiat and/or Cryptocurrency to any third party account specified by you shall be at the your own cost.
Cryptix shall not pay any interests on the balance of cash in your account.
Each party is solely responsible under the applicable laws for calculation and payment of all taxes and other state fees (including fines, interest and other extra amounts to the same), which are charged to such party in connection with or in regards to transactions and payments hereunder.
Cryptix does not accept crypto as payment if you send it through a mass payout contract. For example, smart-contracts on Ethereum are inadmissible due to the impossibility of the acceptance of Ethereum as Payment.
RESTRICTIONS ON USE
You must not use our Services and discontinue to use them if any of the following apply:
You are located in a jurisdiction in which the use of our Services is not allowed under any applicable regulation. It is your responsibility to ensure that this is not the case.
You have not reached the minimum legal age necessary at the jurisdiction of your location to be able to use our services, which shall not in any case be less than 18 (eighteen) years of age.
You are not legally able to enter into contracts.
You are not acting as principal and are acting on behalf of someone else.
You confirm that the source of all funds used by you on the Service is legal.
It is your responsibility to ensure that at all times you comply with all laws and regulations in any jurisdiction where you are located or resident and that you have complete and unrestricted legal right to use the Services.
It is strictly forbidden to use the Services in relation to the following, which is not a complete list and is provided by way of example and not limitation:
money laundering, terrorist financing, proliferation of weapons of mass destruction;
any goods or services that are illegal or the promotion, offer, or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, or depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
any goods or services, the promotion, offer, or marketing of which would violate copyrights, industrial property, rights or other rights of any person;
weapons of any kind;
illegal gambling services;
Ponzi, pyramid or any other "get rich quick" schemes;
goods that are subject to any trade embargo;
media that is harmful to minors and violates laws;
body parts or human remains;
protected animals or protected plants;
weapons or explosive materials;
or any other illegal activities.
CHECKS BY CRYPTIX
You accept that we may perform checks and keep records of the provision of Services to you. By agreeing to the T&C you authorise us to undertake any such identification, verification, source of funds and other know your customer checks from time to time as we may require or may be required to do so by third parties. You agree that from time to time, upon our request, you may be required to provide any information and documents in relation to your use of our Services and additional details in respect of any of such information and documents you have provided us. You accept that we may demand additional information and documentation in the event of a check. You acknowledge and agree that our Service Providers are also entitled to demand additional documentation in the event of a check. Cryptix may address any requests with regards to checks or any other requests directly to you or via the Merchant.
You hereby agree to duly comply with any such requests. You hereby authorise us to request any information and documents as we may require, including, from the Merchant and its service providers.
We may demand that copies of documents provided be duly certified, including translated into the language specified by the us. All costs for the preparation of the requested documents are borne by you. If you fails to provide the requested information and/or documents within the time period established by the us, the Cryptix may suspend provision of all or any part of the Services to you. All losses resulting from the provision of false and/or incorrect data shall be borne by you.
All incoming transactions in Cryptix are checked through the blockchain AML verification provider, and if the cryptocurrency sent to us does not pass the specified check for any reason, then we will not be able to confirm the receipt of funds and payment. We may return these funds back to you upon request, minus the sending and processing fees for the transaction.
SUSPENSION OF SERVICES
You acknowledge and agree that Cryptix may terminate and/or suspend the Services and/or instruct its Service Providers to withhold Cryptocurrency and Fiat Currency if Cryptix does not receive requested information and documentation to its satisfaction or if Cryptix has any suspicions in the use of Services by you, including, but not limited to, suspicions of money laundering, terrorist financing and any illegal activity, or if requested to do so by a public authority.
Our Service Providers are also entitled to terminate and/or suspend any services provided by them and/or withhold Cryptocurrency and Fiat Currency if they do not receive requested information and documentation to their satisfaction or if a Service Provider has any suspicions in the use of Services by you, including, but not limited to, suspicions of money laundering, terrorist financing and any illegal activity, or if requested to do so by a public authority.
Without prejudice to any other rights of Cryptix, the suspension and the withholding of the Services, Cryptocurrency and Fiat Currency may continue as long as the investigation continues.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. Cryptix MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER Cryptix NOR ANY OF ITS PARTNERS WARRANT THAT THE SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL Cryptix, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, PARTNERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:
LOSS OR DAMAGE WHICH IS NOT FORESEEABLE, I.E. LOSS OR DAMAGE WHICH IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE T&C WERE ACCEPTED, BOTH WE AND YOU KNEW IT MIGHT;
USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SERVICES, LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES;
NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE T&C CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS BEYOND Cryptix’S REASONABLE CONTROL.
THE ABOVE LIABILITY SHALL NOT APPLY, REGARDLESS OF LEGAL THEORY AND WITHOUT REGARD TO WHETHER Cryptix HAS BEEN WARNED OF THE POSSIBILITY OF THOSE LOSSES OR DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND WHETHER ARISING OUT OF OR IN CONNECTION WITH THE T&C, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
THE AGGREGATE LIABILITY OF Cryptix FOR ALL CLAIMS, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SERVICES IS LIMITED TO THE AMOUNT OF CRYPTOCURRENCY DEPOSITED, WHICH MAY BE DECREASED BY Cryptix IN ORDER TO REFLECT CHANGES IN CRYPTOCURRENCY EXCHANGE RATES APPLIED TO Cryptix BY ITS PARTNERS. PREVIOUS CRYPTOCURRENCY DEPOSITS SHALL NOT BE TAKEN INTO ACCOUNT, AS THE T&C ARE ACCEPTED ONLY IN RELATION TO THE CURRENT CRYPTOCURRENCY DEPOSIT REQUEST.
THE SOLE REMEDY OF YOU IN CASE OF ANY BREACH OF THESE T&C BY Cryptix SHALL BE TO REQUIRE US TO ENSURE THAT THE TRANSACTION AMOUNT IS RECEIVED BY THE MERCHANT.
PLEASE NOTE THAT NO REFUNDS ARE AVAILABLE WITHIN THE SERVICES. IF THE MERCHANT OWES ANY FUNDS TO YOU FOR ANY REASON, YOU WARRANT THAT YOU HAVE AGREED ON OTHER AVAILABLE REFUND MEANS WITH THE MERCHANT AND YOU SHALL NOT REQUIRE Cryptix OR ITS SERVICE PROVIDERS TO FACILITATE ANY REFUNDS IN ANY WAY. IN CASE THERE IS A NEED TO MAKE A REFUND, THE BLOCKCHAIN NETWORK'S FEE FOR SENDING IT TO THE USER IS TRANSFERRED TO THE USER, AND SO THE USER WILL RECEIVE A SMALLER AMOUNT.
Cryptix DOES NOT PROVIDE PAYMENT SERVICES, NOR DOES IT HOLD YOUR CRYPTOCURRENCY OR FUNDS, PROVIDE ANY FINANCIAL, INVESTMENT OR RELATED SERVICES, INCLUDING FINANCIAL ADVICE. INSTEAD, Cryptix IS A TECHNICAL FACILITY ACTING AS AN INTERMEDIARY TO ENSURE THE EXCHANGE OF CRYPTOCURRENCY AND ENSURE THE TRANSFER OF THE TRANSACTION AMOUNT TO THE MERCHANT.
You agree to indemnify and hold Cryptix harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to:
your breach of the T&C;
any activity in which you engage through the Services; and
your violation of any contract, law or the rights of a third party.
The trademarks, trade names, service marks and logos of Cryptix and others displayed to you by Cryptix are the property of Cryptix and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials displayed to you belong to Cryptix. The Trademarks and other content must not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content for any other purpose is strictly prohibited and any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and may result in criminal or civil penalties.
GOVERNING LAWS AND DISPUTES
These T&C shall be governed by and interpreted in accordance with the laws of the Canada. Any dispute which arises in the course of or following the performance of the present contract will be definitively settled under the auspices of The Canadian Commercial Arbitration Centre, by means of arbitration and to the exclusion of courts of law, in accordance with its General Commercial Arbitration Rules in force at the time this contract is signed and to which the parties declare they have adhered.
The T&C constitute all the terms and conditions agreed upon between you and Cryptix and supersede any prior agreements in relation to the subject matter of these T&C, whether written or oral.
Unless as otherwise stated in the T&C, should any provision of the T&C be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the T&C, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Cryptix to enforce the T&C or any provision thereof shall not waive Cryptix’s right to do so.
Cryptix may assign the T&C, and any of its rights under the T&C, in whole or in part, and Cryptix may delegate any of its obligations under the T&C. You may not assign the T&C, in whole or in part, nor transfer your rights under the T&C, to any third party.
Any communication sent to you by Cryptix, or any other party on behalf of Cryptix, shall be deemed to have been received by you in the event if it has been sent to the e-mail address indicated by you, notwithstanding whether delivered or not.
The Company understands that there may be a dispute between the Company and a User in relation to the services provided.
If you have a complaint about your account or transaction, You are eligible to contact Customer Support at firstname.lastname@example.org so that they may investigate the issue. Your letter must include a description of the complaint in sufficient detail to enable all parties to understand the dispute. The Company will review the complaint submitted and respond with the investigation results within 14 (fourteen) working days from the day the complaint letter is initially provided from You. Depending on the conditions of the investigation, the Company may take up to an additional 2 (two) months to further investigate the complaint before coming to a conclusion. The Company is not entitled to refund to You in case of negative conclusion of the investigation of Your complaint.
RESTRICTIONS ON DISPUTES
Disputes are available to You for transactions within 120 days after the transaction date.
Disputes are available when the cryptocurrency value is made inaccessible for the use in violation of the contractual terms and conditions agreed to between You and the Service Provider. This may include, but is not limited to, when the value is unable to be withdrawn by You or transferred to an account outside Your control without Your authorization.
The Company also does not have any control over the products or services that are paid for with our Service, therefore The Company has no dispute rights related to the use of cryptocurrency value, or on any winnings, gains or losses resulting from the use of such cryptocurrency value. An example includes, but is not limited to, when the cryptocurrency is subsequently exchanged or otherwise utilized in a separate, non-Cryptix transaction.
RESTRICTIONS ON FRAUD DISPUTES
You are responsible for protecting Your hardware, software, data and other articles against all internet security risks, including, but not limited to viruses and malware; Not using other people’s devices to access your account if You are authorized user; Beware of any surveillance being made at the moment of entering password and other sensitive data including spyware technology. In case such dispute on unauthorized transaction arises and investigation concludes You are liable for fraud, The Company is not entitled to make a refund.
The Company will not be liable for any unauthorized transactions if You do not report such transactions to the Company within 120 calendar days from transaction date.
You accept that The Company reserves the right to terminate Your account immediately by providing You with a written notice in the event The Company has reason to believe that your, or any other account provided by Cryptix is held by You and has been used for any fraudulent activity, money laundering, terrorism financing or other criminal activity; Also, The Company reserves the right to report any activity that may violate any law or regulation to the appropriate law enforcement bodies, regulators, or other appropriate third parties. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that The Company may take in response to breaches of these Terms & Conditions.
Please address any requests to the Merchant. We shall also send all communication to you via the Merchant, if we do not elect to contact you directly.