Terms and Conditions of the Website

§ 1. General provisions

  1. This document, hereinafter referred to as the "Terms and Conditions", sets out the rules for:
    • the use of website resources
    • the provision of services by electronic means via the website: www.crypto-atm.co, hereinafter referred to as the "Website"
  2. The Website is the property of UNIVERSIA TRUE s.r.o. V Zátiší 810/1, Mariánské Hory, 709 00 Ostrava
  3. The Website provides exchange services of fiduciary money (hereinafter "Fiat") into virtual currency (hereinafter "cryptocurrency") and exchange services of Cryptocurrency into Fiat Money, for the benefit of Users via the Website (hereinafter the "Service").
  4. All rights and obligations not expressly resulting from the Terms and Conditions are governed by (pursuant to the provisions of Section 1751 (1) of Act No. 89/2012 Coll._) the Civil Code of the Czech Republic (hereinafter the "Civil Code").
  5. The Website user is hereinafter referred to as the "Customer" using the Service.
  6. If the Customer does not accept these Terms and Conditions or any changes thereto, they must stop using the Website immediately.
  7. The Website does not guarantee that the Service will be available without interruption; that there will be no delays, failures, errors, omissions or loss of information transmitted; or that every order will be executed, accepted, registered or that it will be kept open.
  8. All provisions of the Terms and Conditions constitute an integral part of the agreement concluded at a distance.
  9. The Customer accepts and agrees that:
    • all communications, agreements, notices or any other documents (collectively referred to as "Communications") related to the use of the Service will be communicated electronically by sending them to the email address provided during registration, by calling the telephone number or by any other form of electronic communication. The Customer agrees to receive all Communications electronically;
    • at all times will have at their disposal the necessary hardware and software to receive, access and store the Communications sent to the Customer electronically, including devices with Internet access and a correct and accessible email address and telephone number to be able to communicate with the Website;
    • is fully liable for providing the Website with a correct and accessible email address and telephone number to which Communications can be sent, and for ensuring that the email address, the telephone number and any other contact details are up to date. Any communications sent to the email address or the telephone number provided by the Customer shall be deemed as received by the Customer.
    • bears full liability for providing the Website with a correct Cryptocurrency wallet number and own bank account number for Fiat Money. Declares that the data provided via the form available on the Website or in the course of ordering the execution of a transaction through a Website are free from defects and errors and that the Client is the sole legal owner thereof, and the Client further declares that third parties have no access to such data.
    • The Customer may at any time withdraw their consent to receive Communications electronically by contacting contact@crypto-atm.co. The User acknowledges that failure to provide or the withdrawal of consent to receive the Communications electronically shall be tantamount to the discontinuation of the Service provision to the Customer.

§ 2. Obligations of the Customer

  1. The provision of the Service via the Website is conducted to the benefit of:
    • a natural person who is at least 18 years of age, has full legal capacity, has read and accepts the content of these Terms and Conditions.
    • The Customer shall register or make transactions through the Website using only their own personal data; and shall not use the Website to make transactions on behalf of a third party;
    • The Customer shall comply with the order placement process on the Website.
    • The Customer shall guarantee the security of transactions carried out via the Website, by ensuring that the data entered are correct and that the Customer has sufficient financial means before each transaction;
    • The Customer shall not use the Website in connection with any unlawful activity, any prohibited activity, in violation of any laws, acts, ordinances, regulations or in violation of export control and sanction requirements.
    • The Customer is not a citizen or resident of the United States of America.
    • The Customer accepts and agrees that the Website may, without further notice and at its sole discretion, terminate, suspend or restrict the Customer’s access to the Website if the Customer uses the Website in a manner inconsistent with the letter or spirit of these Terms and Conditions.

§ 3. Verification of the Customer’s identity

  1. The Website implements and maintains the highest standards of processes and checks in accordance with Act No. 253/2008 on selected measures against the legitimisation of the proceeds of crime and financing of terrorism, as amended (“Anti-Money Laundering Act”) and Decree No 281/2008 Coll. on selected requirements for the system of internal rules, procedures and control measures against legitimisation of proceeds of crime and financing of terrorism. The Website adheres to local and international standards of compliance with regard to customer due diligence, which are specified in the rule of law.
  2. In order to ensure compliance with these international standards and laws, Customers are required to provide personal data, submit documents and undergo an identity verification process.
  3. The verification of the Customer’s identity in accordance with the AML/CFT Act is carried out in several stages:
    • Completing the form and enclosing the documents specified by the Customer;
    • Fulfilling the order using the services of the following companies: KONTOMATIK UAB with its registered office in Vilnius, at ul. Upes 23, LT-08128 Vilnius, Lithuania, with the legal entity number 304852516, VAT code: LT100011837810 and KONTOMATIK sp. z o.o. with its registered office in Warsaw, at ul. Prosta 51, 00-838 Warsaw, entered into the commercial register of the National Court Register under KRS number 0000338706, whose registration documentation is kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, NIP number: 5213542911, REGON: 142043500, cooperating with the Website, hereinafter jointly referred to as "Kontomatik". As part of the service, the following elements will be verified: KYC of the Customer, the beneficial owner, and the data entered in the form on the Website;
      • The Customer who chooses a method different to that indicated in Article (3)(3)(b) will be asked to provide the Website with additional documents confirming KYC and the data required under the AML/CFT Act. The selection of another method shall result in the extension of the verification time and possible additional costs for the Customer.
    • The analysis of the submitted documents in instances required by Act No. 253/2008 on selected measures against the legitimisation of the proceeds of crime and financing of terrorism, as amended (“Anti-Money Laundering Act”) and Decree No 281/2008 Coll. on selected requirements for the system of internal rules, procedures and control measures against legitimisation of proceeds of crime and financing of terrorism;
    • The completion and submission to the Website of additional documents required under the AML/CFT Act;
    • To ensure the security of the transaction and to confirm the completed and submitted documents and the personal data contained therein, the Website may additionally require the submission of a self-portrait of the Customer together with one document specified by the Website featuring in the background of the self-portrait. The self-portrait should be taken in colour, and the face and the document in the self-portrait should be fully visible and allow the identification of the Customer.
  4. The Customer accepts and agrees to be subject to such procedures at all times.
  5. The Website reserves the right to:
    • restrict or suspend the Service when, in our sole discretion, we deem it necessary to continue the verification process of your identity;
    • restrict or suspend the Service if the Customer provides, or there is a suspicion that they have provided false information or if the Customer refused to provide the information required by the Website to verify the Customer’s identity;
    • the occurrence of a delay or temporary lack of access to the Service or the execution of transactions, during the process of identity verification;
    • The keeping of certain information and documentation obtained under the identity verification and AML/CFT procedures. The information is also stored despite the refusal of Service provision and is valid even after the transaction is completed. The Website reserves the right to store any information and documentation obtained during the process of verifying the Customer’s identity for the period required by law, and the Customer accepts and agrees that the information and documentation they provided to the Website may be stored by us, also after the completion of the Service.

§ 4. Risk

  1. Before using the Website, the Customer must ensure that they understand the risk associated with buying, selling or trading cryptocurrency. Cryptocurrency markets can be volatile and prices can fluctuate considerably, resulting in sudden and significant increases or decreases in asset value. There may be additional risks which are not specified in these Terms and Conditions or in the risk warning, and which the Customer should analyse before using the Website.
  2. The Customer should carefully assess whether their financial situation and risk tolerance are appropriate for buying, selling or trading cryptocurrency. The Customer accepts that they are solely responsible for any decision to buy, sell, trade or otherwise retain or use cryptocurrency.

§ 5. Rights and obligations of the Website towards users and other entities

  1. The Website provides Users with privacy protection in compliance with the requirements of Act No. 101/2000 Coll., "On the Protection of Personal Data" and of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, known as the General Data Protection Regulation (GDPR).
  2. The rules of processing the personal data of Users are regulated by a separate document known as the "Privacy Policy", which is available on the Website.
  3. The Website processes the personal data of Users for the purpose of implementing the requirements of European law on AML/CFT, i.e. counteracting money laundering and preventing terrorism financing.
  4. According to the above, the Website:
    • maintains a register of transactions with a value exceeding EUR 15,000.00 or the equivalent of this amount calculated according to the average exchange rate announced by the Czech National Bank on the day of each transaction made via the Website, and also transactions which are interrelated and the sum of which exceeds EUR 15,000.00 or the equivalent of this amount calculated according to the average exchange rate announced by the NBP on the day of each transaction;
    • maintains a record of transactions for which additional verification of the Customer’s identity is required;
    • maintains a register of data and documents from the identity verification process;
    • maintains a record of transactions where the performance of the service was denied as a result of identity verification.
  5. Under no circumstances shall the Website, its operating entities or other affiliates (including their respective directors, members, employees or agents) be liable to the Customer for any direct, indirect, special, consequential, exemplary or punitive damages, or any other damages of any kind, including, but not limited to, the loss of profits, loss of revenue, loss of business, loss of opportunity, or loss of data, whether in an agreement, tort or otherwise, arising out of or in any way connected with the use by the User, the inability to use or the unavailability of the Website, including but not limited to, damages
  6. To the maximum extent permitted by law, the Service Provider agrees to release the Website, its operating entities or any other affiliated entities (including their respective directors, members, employees or representatives) from all actions, liabilities, costs, claims, losses, damages, proceedings or costs incurred directly or indirectly in connection with the use of the Website or the transactions completed by the Customer or the Customer’s breach of these Terms and Conditions.

§ 6. Guidelines for using the resources of the Website

  1. The Service provided via the Website is provided at a cost, and all the fees linked to service provision are outlined in the Commissions and Fees Table:
  2. Commissions and Fees Table "A"

    TRANSACTION DESCRIPTION

    FEE FOR TRANSACTION EXECUTION

    Kontomatik identity verification

    cryptocurrency purchase order

    0.2% * (exchange rate displayed on the Website during the execution of the transaction + approved by the Customer % change in the cryptocurrency exchange rate)

    cryptocurrency sell order

    0.2% * (exchange rate displayed on the Website during the execution of the transaction + approved by the Customer % change in the cryptocurrency exchange rate)

    analysis of additional documents if the data provided shows any inconsistencies

    0.3% * purchase/sell order fee

    transaction value below EUR 100

    additional fee of EUR 10 euro

    Lack of the correct transaction number in the bank transfer title

    additional fee of EUR 10 euro

    Commissions and Fees Table "B"

    TRANSACTION DESCRIPTION

    FEE FOR TRANSACTION EXECUTION

    identity verification outside of Kontomatik

    cryptocurrency purchase order

    1% * (exchange rate displayed on the Website during the execution of the transaction + approved by the Customer % change in the cryptocurrency exchange rate)

    cryptocurrency sell order

    1% * (exchange rate displayed on the Website during the execution of the transaction + approved by the Customer % change in the cryptocurrency exchange rate)

    analysis of additional documents if the data provided shows any inconsistencies

    3% * purchase/sell order fee

    transaction value below EUR 100

    additional fee of EUR 10 euro

    Lack of the correct transaction number in the bank transfer title

    additional fee of EUR 10 euro

    Cryptocurrency conversion

    0.2% of the order value

  3. The Website, despite all due diligence, shall not be liable for the correctness of displaying current cryptocurrency exchange rates, and it does not guarantee the execution of transactions at the rates displayed. The exchange rate is displayed for informative purposes only.
  4. The Client agrees that the Website may charge bank fees, payment institution charges and on-line payment operator’s charges related to the execution of a transaction commissioned by the Client. The fees will be charged from the payment made by the Client for order execution.
    • properly calculated and charged commissions and fees are not refundable.
    • fees are charged according to the tables of fees and commissions of institutions related to the execution of a transaction commissioned by the Client
  5. The Website does not guarantee that any profit will be made from owning cryptocurrency. Such investments belong to the high risk category and the decision on the acquisition of cryptocurrency should take into account the individual risk approach.
  6. The User of the Website shall agree to the Website’s reporting activity which collects the User’s data, such as the User’s IP address, or the time spent on the Website.
  7. The Website implements the Users’ Privacy Policy (more information can be found in the document entitled “Privacy Policy” available on the Website).
  8. The contact with the person supervising the processing of personal data by the Website is possible by sending an email to: contact@crypto-atm.co
  9. The User has the right to correct their personal data, or send a request to remove their personal data from the Website Data Controller’s Database at any time.

§ 7. Terms and conditions of service provision

  1. A Website User who wants to use the Service submits an order to carry out a transaction on the Website, indicating the amount of funds expressed in Fiat Money that the User wants to use to buy Cryptocurrency or the amount of Cryptocurrency units that the User intends to sell.
    • due to significant variability of Cryptocurrency value, the final verification of the order takes place:
      • once an appropriate number of Cryptocurrency units to be sold by the User are transferred to the Website or
      • once the funds for the purchase of Cryptocurrency are credited to the Website's bank account or transferred to an intermediary's account by the User.
      • the value of individual Cryptocurrency units indicated on the homepage of the Website constitutes their current value available on the market at a given moment, however this value may change at the moment the funds are transferred by the Website User.
    • Fiat Money intended for the purchase of Cryptocurrency are transferred by the User to the Website:
      • using the services of a payment intermediary DotPay Sp. z o.o. with its registered office in Kraków (30-552), at ul. Wielicka 28B, registered by the District Court Kraków-Śródmieście in Kraków, 11th Business Division of the National Court Register under number 0000700791, Tax Identification Number (NIP): 634-26-61-860, Tax Identification Number (NIP) EU: PL6342661860, REGON Number: 240770255, with the share capital of PLN 4,000,000 (hereinafter “DotPay Payment Operator” – a one-off payment shall not exceed PLN 4,000;
      • directly to one of the bank accounts of the Website;
    • funds in the form of the Cryptocurrency to be exchanged for Fiat Money shall be transferred by the User to the Website:
      • directly to one of the Cryptocurrency wallets indicated by the Website
    • the Website provides the User with the funds from the sale of Cryptocurrencies:
      • directly to the bank account indicated by the User – however, disbursements are made only once a week, i.e. on each last business day of the week;
      • the bank account indicated and owned by the User is subject to KYC verification via Kontomatik before the funds are released
      • A User who chooses a form other than that indicated in §3.3.b and §7.1di will be asked to provide the Website with additional KYC supporting documents related to the indicated bank account and required under AML/CFT. A choice of another form entails an extension of verification time and potential additional costs for the Client.
      • It is possible to arrange an individual form of making funds from Cryptocurrency sales available at the Website's office, upon prior arrangement of transaction terms and two-level verification (video-verification). In order to agree on the terms of that individual form, please contact the Website directly. The individual form involves additional costs for the Client.
    • Cryptocurrencies purchased on behalf and for the benefit of the User are immediately transferred to a unique address of the User's Wallet, indicated during the process of filling in the order form on the Website, from where the User may use them at their discretion.
    • After transferring the funds, the User shall not withdraw from the Transaction. The User has no right to withdraw from a distance contract if the Website has provided the service in full with the express consent of the consumer who has been informed prior to the commencement of service provision that once the company provides the service, the User loses the right to withdraw from the contract.
  2. A Website User who wants to use the Service should fill in the form with personal data, i.e.: First and last name, Cryptocurrency wallet number (address), e-mail address, telephone number, bank account number;
    • accept the content of the Terms and Conditions and the Privacy Policy;
    • confirm the data and confirm that they want to use the Service;
    • answer the questions specified in the form;
    • consent to the processing of personal data by the Website Operator
  3. Make a transfer of funds for the execution of an order in the form of:
    • a bank transfer using the Kontomatik service, to the bank account number specified in the e-mail, using a transfer reference provided in the e-mail;
    • make a payment for the order in the form of a bank transfer to the bank account number specified in the e-mail, using a transfer reference provided in the e-mail, taking into account the higher costs indicated in §6 clause 1;
    • make an on-line payment through an external website processing user payments – DotPay Sp. z o.o. with its registered office in Kraków (30-552), ul. Wielicka 28B, registered by the District Court Kraków-Śródmieście in Kraków, 11th Business Division of the National Court Register under number 0000700791, Tax Identification Number (NIP): 634-26-61-860, Tax Identification Number (NIP) EU: PL6342661860, REGON Number: 240770255, with the share capital of PLN 4,000,000 (hereinafter “DotPay Payment Service Provider”);
    • send own Cryptocurrency ordered for sale to the Cryptocurrency wallet specified by the Website.
  4. A Website User who wants to use the Service should fill in the form with personal data, i.e.: First and last name, Cryptocurrency wallet number (address), e-mail address, telephone number, bank account number;
    • by determining the percentage difference between the transaction price and the price quoted on the Website;
    • The payment transfer title is automatically generated for the purpose of executing the transaction and reporting it for purposes linked to the AML/CFT Act and in accordance with Act No. 253/2008 on selected measures against the legitimisation of the proceeds of crime and financing of terrorism (“Anti-Money Laundering Act”) and Decree No 281/2008 Coll. on selected requirements for the system of internal rules, procedures and control measures against legitimisation of proceeds of crime and financing of terrorism;
    • Depending on the size and the form of the transaction, the Website may charge additional commission for the execution of cryptocurrency acquisition or sale transactions. The fees are regulated by the "Commissions and Fees Table" specified in Article 6(1).
    • The execution of a bank transfer or cryptocurrency transfer by the User and the confirmation of the receipt of funds by the Website shall mean the conclusion of an agreement with the Website for the performance of the "cryptocurrency exchange" Service. Payments or cryptocurrency transfers must be made from a bank account belonging to the particular User or a cryptocurrency wallet of the Customer.
    • The final transaction rate depends on the date and time of the receipt of funds in the Website’s account or in the Website’s wallet.
    • If the cryptocurrency purchase/sell order is made from Monday to Friday between 8 a.m. and 4 p.m. local time, the Website shall carry out the transaction within a few hours from the funds being credited to the Website’s account or wallet. During other hours, the Website reserves the right to extend the execution of the transaction to 24 hours from the moment of crediting the account with the Customer’s funds. If the Customer’s identity needs to be verified, the transaction process may be extended depending on the scope of that verification.
    • The Website reserves the right to cancel the User's order if the User has not made the required transfer/transferred the required funds within 48 hours from submitting an order to the Website by filling in a form and confirming that the data provided therein are correct.
    • If there are any inconsistencies in the data, the Website reserves the right to suspend the execution of the User's order until the data is corrected.
    • Cryptocurrency exchange transactions are confirmed by email, in which the Customer is informed about the parameters of the transaction, i.e. the number of the purchased cryptocurrency units or the sale value of the cryptocurrency.
    • The performance of the agreement with the Customer includes the immediate delivery of the purchased cryptocurrency, in the quantity specified in the parameters of the transaction to the cryptocurrency wallet, specified during the registration process or created by the Website for the purpose of transaction execution or transfer of funds in accordance with the parameters of the transaction under the cryptocurrency sell order to the specified Customer’s bank account number.
    • At each stage of the Service execution, the Website reserves the right to verify the veracity of the data provided by the User by: requesting that a scan or a photo of the identity card in the format (*.jpg, *.png) is sent to the Website’s address; requesting that a confirmation of the address of residence is presented in the form of a scan of an electricity or gas bill (not older than 3 months), bank account; self-portrait with the document specified by the Website.
  5. If a single User's transaction order or the total of orders on a given day exceeds the value of EUR 1000 (say: one thousand euro), each time the Website requests an additional confirmation of user data.
  6. If a transaction has not been executed due to the Client's intentional act or omission, e.g. due to a lack of proper description of a transaction, provision of incomplete or false data of the Client, the Website immediately returns the transfer within 5 business days from the date on which the payment is credited, taking into account § 6 clause 3.
  7. If the service cannot be provided for reasons beyond the Website’s control, the Website shall return the amount of the transfer to the Customer within 14 working days.

§ 8. Termination of the Contract

  1. The Customer acknowledges that in accordance with the provisions of section 1837 of the Civil Code, the agreement cannot be terminated because it constitutes a supply of goods or services whose price depends on the fluctuations of the financial market which are independent of the Website if all the parameters of the order provided by the Customer were met.
  2. The Website may terminate the agreement at any time, as long as the subject of the order is not delivered to the Customer, in the circumstances of force majeure, i.e. all events and circumstances which were beyond the control of the Website, including relations and decisions of the Website’s business partners.
  3. In the event of agreement termination in accordance with the Terms and Conditions, the Website shall return the funds received from the Customer within fourteen (14) working days from the termination, in the same way as the Website received them from the Customer or in any other manner approved by the Customer.

§ 9. Complaints

  1. The Customer may lodge a complaint related to the resources of the Website or the Service by sending an email to the following address: contact@crypo-cantor.com or by post to the Website’s address, i.e. UNIVERSIA TRUE s.r.o. V Zátiší 810/1, Mariánské Hory, 709 00 Ostrava
  2. Complaints are replied to within 30 days
  3. Any disputes or grievances shall be dealt with individually in the good interest of both parties.

§ 10. Final Provisions

  1. In matters not covered by the Terms and Conditions, the provisions of generally applicable Czech law shall apply.
  2. The Website shall not be liable for any disputes arising from the actions of third parties.
  3. Only persons who accept the Terms and Conditions of the Website may use the Website.