1.1 This agreement is a contract between you and Koinex:
a) Koinex is part of Private limited company, a private limited company incorporated in Peterburi tee and with a registered office at Harju maakond, Tallinn, Lasnamäe linnaosa, Peterburi tee 47, 11415and operating on https://koinex.io
b) You, 'your', person, user or customer are the person with whom enters koinex and its website and into this Agreement. 2. Definitions and References 2.1 References and definitions in this Agreement are as follows:
2.1References and definitions in this Agreement are as follows:
a) Koinex refers to a private limited company with company number: 14745608 and a registered office located at Harju maakond, Tallinn, Lasnamäe linnaosa, Peterburi tee 47, 11415
b) Website, and/or Site is operated under the domain name of koinex.io
c)User, customer, you or 'your' are used to define a person with whom enters Koinex and its website and into this Agreement.
d) Buyers refer to the person whom buy digital currencies (crypto assets) that are supported by the Site.
f) Crypto asset is a digital asset that exists on blockchain and protects its integrity and functionality through special encryption systems. Examples of crypto assets are Bitcoin, Bitcoin Cash, Ripple and Litecoin. 'Coin' phrase and/or Digital Currency phrase will be used to describe all the digital assets that are on the Website and in this Agreement.
g) Blockchain, in this context, is a shared account ledger and record keeping database, whose integrity and correctness are maintained by means of mathematical formulas.
h)Wallet address is public key of digital assets where transactions can be sent.
i)Account refers to account opening and usage on Koinex Website and Services.
3.1The rules that are covered by this agreement are applicable to you from the first entrance to Koinex and is implemented throughout your membership. Users are obliged to read and accept these rules individually and collectively. From the moment your membership is created, the users are committed to accepting all of these rules individually.
3.4Buy opening an account to use the Website or the Services, You expressly agree and warrant:
4.1 Depending on Your country of residence, You may not be eligible to use all the Services of the Site. It is your responsibility to follow these rules and laws in your country of residence and/or country from which You access this Site and Services.
4.2 In regard to executing any transactions, User promise to provide a wallet address that is owned by the user and is under full control and authorisation of the user to which Digital assets, coins, will be transferred to. The control of wallet address is solely under the user control and Koinex has no right to claim ownership of the wallet address nor is responsible of managing the wallet address. Users acknowledge that Koinex will not be liable for any error with respect to your instructions of wallet address that you provided.
4.5 You guarantee to use only one account of your own and promise not to use or access any other member or real person's account at any time or assist others in gaining unauthorised access.
4.6 The creation or use of the User account without obtaining our prior express permission will result in the immediate suspension of all mentioned Accounts, as well as pending transactions or account approvals. Any attempt to do so or to assist others (members or otherwise) or the distribution of instructions, any tools for that purpose, will result in the accounts of such users being terminated, without derogating from any other remedy to which Koinex may be entitled for such violation and Koinex may take further actions against You.
4.7 A user is allowed to open one account only. The responsibility of maintaining confidentiality and security of that User's account, including but not limited to, password, safeguarding its own Digital Assets, currency, coins and for all activity and transactions that are located on that account are on User's own responsibility. Koinex may request further information where it's necessary, including in the event of any suspicious activity related to User's account, including ID and authenticating documents, and may freeze any transactions that is pending while reviewing a User's account. User is obligated to comply with these security measurements or accept termination of its' account. Any loss or gain regarding the account related to this matter are subject to the account review and may be confiscated and a User will notify about the matter after the investigation is over.
4.8 User are obligated to notify Koinex immediately of any unauthorised use of its' account or password, or any other breach of security by email to : firstname.lastname@example.org Any user who violates these rules may be terminated and hereafter held liable for losses incurred by koinex or another user of koinex and services.
4.9 It is forbidden and against policies to use the Services and the Website to perform criminal activity of any kind, including but not limited to, money laundering, illegal gambling operations, terrorist financing or malicious hacking. User agrees, guarantees and warrant not to use Koinex to perform the activities that are pointed out in this rule.
4.10 Due to the nature of coin wallet addresses, it is not possible to get a refund or re-enter a different address once a transaction is initiated. Users are obliged to understand this and agree on the terms prior to initiating any transactions.
4.11 Cash advance fee
In January 2018, Visa and MasterCard decided to consider all cryptocurrency transactions as quasi-cash transactions. Your bank or card issuer may add a fee for making what they decide is a cash transaction. Though the amount may vary, it has been reported up to 5%. In the case you are a victim of this cash advance fee, we advise you to contact your bank and dispute this fee. Make sure that you do not dispute the entire transaction, or you may accidentally file a payment dispute which could end up hurting your credit rating among other things.
4.12 Exchange rate fee
A more commonly known fee, but also important, is the exchange rate fee. That is: the fee your bank charges for converting your card currency into USD. koinex.io has no control on the exchange rate fee imposed by your card issuer when converting the amount to your base currency.
4.13 Order Amount - Credit Card Payments
If you (the client) chose to pay by credit card, the credit card on file will be charged with the amount as indicated in the agreed order.
You acknowledge and agree that in the event a technical or otherwise issue results in the authorisation of an amount different to the amount indicated in the order, you will be required to repay the difference between the amount ordered and the amount authorised. You hereby explicitly authorize Koinex to adjust the authorisation amount to match the initial order amount and waive your right to dispute such charge.
5.1User must be in compliant with all laws, regulations, anti-money laundering provisions and KYC regulations that are applicable where user based in locally. It is users' sole responsibility to ensure that the use of Koinex and its services is compliant with laws and regulations in users' current base.
5.2Koinex does not accept any user which has the following conditions and that is users' own responsibility to acknowledge and confirm that are not the case for them:
a) A person who are national or resident of Iran, North Korea, Cuba, Syria or Sudan or any other country included in the United States embargo, UN Sanctions, HM Treasury's financial sanctions regime (the 'Restricted Territories') or intends to distribute or provide the acquired Digital currency or the services to restricted territories;
b)A person name appears on the U.S Treasury Department's Specially Designated Nationals List, Unverified List HM Treasury's financial sanctions regime (the 'Restricted Persons') or a person who intend to distribute or provide the Services to any person of the 'Restricted Persons'
c)A person on prescribed Sanction lists. The screening on Koinex, is subjected on United Nations, European Union, UK Treasury and UK Office of Financial Sanctions Implementation (OFSI)
d)A person who are a Politically Exposed Person (PEP).
5.3It is Users' own and sole responsibility to pay and inquire with respect to the taxes applicable to Users' transactions on the website. It is Users' own and sole responsibility to report or remit the taxes payable to the appropriate tax authorities.
5.4In connection with the use of Koinex website and services, you agree to comply with Koinex Compliance Policy and Prohibited Use conditions stated hereby.
6.1Hereby you are given knowledge that any time, Koinex, subject to its sole discretion is entitled to terminate your access to Website, its services and your account, including without limitation, Koinex's rights to the following actions:
a) Right to refuse processing, to cancel and reverse any transaction of Digital currencies, regardless if corresponding funds have been debited from your payment method; Or,
b)Right to suspend, restrict or terminate your account; Or,
6.2Upon any suspension, termination or cancellation of a Transaction, Koinex is under no obligation to allow You to reinstate such transaction and may not provide You the same price or same terms as any cancelled transaction.
6.3As a part of our security protocol, User agrees to receive email notifications for transactions and logins. The options on unsubscribing such emails is available in any such emails.
6.4Users may terminate their account at any time by giving written request and notice to contact koinex.io. No termination fee shall apply, except User will be responsible for fulfilling any outstanding payment obligations to Koinexexistin g as of the effective date of termination and to settle any pending transactions. Koinex reserves the right to suspend any pending transactions at the time of cancellation.
7.1All Koinex Website and Services, content, design, images, text, software and trademarks (including Koinex name and the Koinex logo) are owned and licenced by Koinex. Therefore, all mentioned hereby are protected by intellectual property rights
8.1Trading in Digital Currencies, just like fiat trading in real or virtual trading, involves significant risks. Prices can fluctuate and change on any given time or day. Due to such volatility, your digital assets may increase and decrease in value and may even become worthless
8.2Koinex does not guarantee any profit or loss from purchasing or selling your digital assets on Koinex Website. You are solely responsible and agree to take all the responsibility when it comes to purchase, selling or trading in Digital Currencies.
8.3Koinex will make all efforts in reasonable grounds to ensure your requests on payments with instant card or bank transfers in time manner but Koinex makes no representations or warranty on time needed to complete processing Digital assets which is dependent upon many other dependencies' such as mining time or hard-fork instances.
9.1Customer Support team is available email@example.com or through the Live Chat button on our Website, and is ready to help you on any feedback, questions or complaints.
9.2In the event of a complaint, please notify us on the cause of your complaint and give us any information that is relevant to your complaint. A Customer Complaint Officer will consider and respond to your complaint within 15 business days. Customer Complaint Officer will consider your complaint without prejudice based on the information you have provided, and any information provided by Koinex. Within 15 business days of our receipt of your complaint the Officer will address all points raised in your complaint by sending you an e-mail ("Resolution Notice") in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. In exceptional circumstances, if the Officer is unable to respond to your complaint within 15 business days for reasons beyond Koinex's control, the Officer will send you a holding reply indicating the reasons for a delay in answering your complaint and specifying the deadline by which the Officer will respond to your complaint (which will be no later than 35 business days from our receipt of your complaint.
9.3Offers. Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.
10.1You hereby acknowledge that firstname.lastname@example.org may process your personal data that you have provided or in the future provide to us in relation to your account and in connection to this Agreement or the Koinex Services. Accordingly, you represent and warrant that:
a)your disclosure to us of any personal data relating to you was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
By accessing and using our Services, you hereby declare your acceptance to the terms of this fPiracy Policy as a part of User Agreement.
Purpose of Collecting Personal Information
You may be asked to provide personal information anytime you are in contact with any Koinex Services. The information that we gathered, may also be combined with other information to provide and improve our services and content.
Hereby, Koinex assures you that it will not give, sell, rent or loan any personal information to any third party.
Scope of Personal Information Collected
Koinex collects personal information to provide you with its Services and Website. It may be required by law to require certain personal information from Users or it is required to eliminate fraudulent use of personal data. Any information that you provide to us that is not required is voluntary. You are not obliged to provide any personal information when its requested, however, Koinex may not be able to serve you as expected or offer you all the Services when you do choose not to share the requested information.
Koinex collects the following types of personal information:
a)In regard to Personal Identification information, Koinex collects your full name, date of birth, photograph, phone number, email, national ID number and postal address.
b)In regard to identification processes, Koinex gathers National Identity card details, Passport Number, Driver's license details, photographic identification card and utiliy bill.
c)In regard to card verification process, Koinex collects, first 6 digits and last 4 digits of a card number and your bank account information.
d)In regard to transaction history, Koinex gathers, your coin transaction history, transaction amount and wallet addresses that you provide.
e)In regard to online identifiers, Koinex gathers, Geo location/ tracking details, browser fingerprint, browser name and versions and personal IP addresses
f)In regard to usage data, Koinex gathers, information that you provide to our support team and your public social networking posts (if you address Koinex in your public post).
Primary purpose in collecting personal information is to provide secure and customised service experience. Overall, the personal information that are gathered, are mainly to use on creating and delivering our Services and contents and most importantly prevention of any fraudulent activities. We shall or may use personal information in the following ways:
In order to comply with Anti-Money Laundering or terrorist financing laws, Koinex must identify and verify each user by checking them on third party applications such as third-party database and public records. The consequences of not processing or receiving your personal information for such purposes are the termination of your account as we cannot perform the Services accordance with legal and regulatory requirements.
b)Assurance of User Agreement
In order to prevent any illegal activities or fraudulent behaviour and in order to comply with our User Agreement, Koinex needs to perform monitoring, investigating on personal data and financial data that are related to Users' accounts. The consequences of not processing your personal data such purposes are the termination of your account as koinex cannot perform the Services in accordance with our terms.
In order to provide Koinex's services, e.g buying digital currency, Koinex requires to collect information such as identification, contact information, wallet addresses and payment information. Koinex cannot perform its Services without this necessary information.
d)Communication related to Services
In order to keep you updated for the Services that we provide to you, such as login attempts to your accounts, your transaction-related information, account verifications, security issues and update on your accounts, we send administrative and account related information to you via your email address. Without such communications, you may not be aware of important notes related to your account that may affect the services that we provide to you.
e)Customer Service Duties
In order to contact you regarding your questions, disputes and provide services to you, your personal information needs to be processed by Customer Service Department. Without processing your personal information for such purposes, Koinex cannot respond to your request and ensure uninterrupted Use of the Services.
Koinex process your personal information in order to perform within security measurements, monitor and verify identity or service accessibility, eliminate spam, malware or security risks and to comply with applicable security laws and regulations. Without processing your personal information, Koinex may not be able to ensure the security of its Services.
EEA Residents: Pursuant to EEA Data Protection Law, we process this personal information to satisfy our legal obligations.
Koinex will not use your personal information for purposes other than those purposes that have been disclosed to you, without your permission. From time to time Koinex may request your permission to allow us to share your personal information with third parties. You may opt out of having your personal information shared with third parties or allowing us to use your personal information for any purpose that is incompatible with the purposes for which we originally collected it or subsequently obtained your authorisation. If you choose to so limit the use of your personal information, certain features or Services may not be available to you.
Third Party Services
It might be necessary to obtain information regarding you, such as identity verifications. Your data might be checked within public databases, Id verification partners. It also might be necessary to perform checks against social media platforms.
Koinex obtains information about you from public databases and ID verification partners for purposes of verifying your identity (if applicable). ID verification partners use a combination of government records and publicly available information about you to verify your identity. Such information includes your name, address, status on any sanctions lists maintained by public authorities, and other relevant data. We obtain such information to comply with our legal obligations, such as anti-money laundering laws. Pursuant to EEA Data Protection Law, our lawful basis for processing such data is compliance with legal obligations. In some cases, we may process additional data about you to ensure our Services are not used fraudulently or for other illicit activities. In such instances, processing is necessary for us to continue to perform our contract with you and others.
Automatic Data Capture
Certain types of information may be received automatically, such as whenever you interact with The Website or use the Services. This information does not necessarily reveal your personal identity directly but may include information about the specific device you are using, such as the hardware model, device ID, operating system, web-browser software (such as Firefox, Safari, or Internet Explorer) and your Internet Protocol (IP) address/MAC address/device identifier.
For example, we automatically receive and record information on our server logs from your browser, including how you came to and used the Services; your IP address; device type and unique device
identification numbers, device event information (such as browser type, browser language, the date and time of your request and referral URL), broad geographic location (e.g. country or city-level location) and other technical data collected through cookies, pixel tags and other similar technologies that uniquely identify your browser. How your device has interacted with our website, including pages accessed and links clicked may be automatically collected. Koinex may use identifiers to recognise you when you arrive at the Site via an external link, such as a link appearing on a third-party site.
Changes on Your Personal Information
You have a right of access to the personal information that we hold about you under European data protection legislation, and to some related information. You can also require any inaccurate personal information to be corrected or deleted.