Terms of Service
The Company keeps the right to amend and complement the terms at any time in its reasonable discretion without any advance notice whatsoever. The amended Terms come into effect right after it is published on the Website.
Convertex provides a service (the "Resource") in the Internet that gives the User a possibility to exchange various blockchain tokens in the form of data usually represented by transactions, access, rights to participate in the relevant blockchain networks (combined referred to as "Tokens"). In order to exchange Tokens at Convertex, User will
- choose a pair of Tokens to perform an "Exchange" operation;
- enter an address for refund operations for the Tokens deposited and a destination address for the Tokens received; and
- send the Tokens to be sold to the address provided by the Website (combined referred to as "Transaction");
The operation of Tokens exchange assumes that the Customer is familiarized and agrees with the additional fees charged for the Exchange transaction. The Customer is familiarized and agrees that the information concerning the rates of exchange available on the Website is given only for informational purpose and might not match current rates posted on other sources. In addition, Convertex has the right to retain a miner fee ("Miner Fee") from the User to perform the Transaction in the name of the User. The estimation of Miner Fee is performed by the Company on its sole discretion, the Customer is notified on the Miner Fee through the post on the Resource.
The Resource does not render custodial service, in other words, it does not store crypto assets of the Customer on the Company's deposits and balances. In particular cases, for example, when it is needed to perform AML/KYC procedure, the Exchange operation may be proceeded with delay. THE CUSTOMER HEREBY COMPREHENDS AND ADMITS THAT A DELAY MIGHT OCCUR. THE CUSTOMER FORGOES ANY COMPLAINTS TOWARDS THE COMPANY CONCERNING ANY CLAIMS, DAMAGES, DEMANDS, NO MATTER WHETHER THEY ARE DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, AS WELL AS ANY DAMAGES OF ANY KIND EMBEDDING, BUT NOT LIMITED TO, LOSS OF USE, PROFITS OR DATA REPRESENTED EITHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR, APART FROM THAT, ORIGINATED FROM OR SOMEHOW CONNECTED WITH THE EXCHANGE DELAY DUE TO OUR FAULT OR NOT.
Access to or use of the Website by the Customer confirms and provides a guarantee that:
- the Customer is of legal age to conclude a contract (not younger than 18 y.o.)
- the Services are used at the Customer's sole discretion and risk;
- the Customer confirms that the Exchange fees are paid on the Resource as stipulated by the Website which are periodically set and modified by Convertex;
- the Customer shall supply information during Exchange transactions (for instance, deposit and refund addresses of the wallet);
The Customer also guarantees that he/she will not use this Resource or its applications for illegal action including, but not limited to:
- copy, amend, perform plagiarized works based on it, distribute, license, lease, sell, resell, pass, publicly announce, perform, transfer, stream, broadcast or make use of the website any other way;
- decompile, disassemble or conduct engineering analysis of the website;
- redirect, mirror of frame the website fully or partially;
- undertake attempts to acquire unauthorized access to or damage any feature of the website;
- assign or pass his/her account to any person or entity;
- exploit of website which leads to the damage of property, inconvenience, annoyance, nuisance;
- exploit the Services which results in illegal actions;
- stop using the Services immediately if the government of the Country where the Customer operates adopts the law prohibiting such Services;
In the process of the Services use, the third-party content might be displayed. Our Website does not control, sign, or adopt any third-party content and is not liable for it including but not limited to data that might be confusing, partial, incorrect, insulting, unseemly or offensive in any other way. Moreover, all the correspondence and business relations between the Customer and such third parties solely do not affect the Company whatsoever. The Resource does not take any responsibility for any damage or lost somehow resulted from such business. The Customer understands that using of the third-party content and interactions with other parties are performed at his/her own risk.
Convertex explicitly does not provide warranty for the Services. The Services are offered on "as available" and "as is" basis. The Customer understands that he uses the Services at his/her own risk. Within the bounds of the applicable law, provision of the Services does not assume any kind of express of implied warranties which includes without limitation implied warranties of merchantability, suitability for any specific goal, or non-infringement. Warranty liability shall not arise from advice or information expressed in oral or written form and received by the Customer directly from the Resource of from the Services provided, except for a warranty explicitly set forth in this document. Without prejudice to the foregoing, Convertex, its subsidiary and affiliated companies, licensors do not give any guarantees that prove that the content is correct, reliable, explicit. The Company does not claim that the Services in any way meet the Customer's needs, can be accessed at anytime from anywhere, are uninterrupted or secure, any malfunctions of the Service will be fixed, or that the Resource is free from viruses and other malware. The Company does not bear any responsibility for the data downloaded or received by other means in course of the Service use. Such data is the Customer's sole responsibility and downloaded to the Customer's device at his/her own risk, thus the Company is not liable for any damage resulting from it.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO USING THE RESOURCE BY THE CUSTOMER, EVEN IF THE COMPANY IS AWARE THAT SUCH DAMAGE COULD POSSIBLY BE INCURRED.
NO MEMBER OF THE CONVERTEX, OR ANY OFFICER OR EMPLOYEE OF THE COMPANY ACTING ON BEHALF OF THE COMPANY SHALL BE PERSONALLY LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES, OR ANY OTHER DAMAGE OF ANY KIND WHICH INCLUDES WITHOUT LIMITATION LOSS OF USE, PROFITS, DATA, WHETHER IN AN ACTION IN CONTRACT, UNLAWFUL ACT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR, ON CONTRARY, RESULTING FROM OR IN ANY WAY CONCERNING THE USE OR INABILITY TO USE THE RESOURCE SERVICES, INCLUDING BUT NOT LIMITED TO ANY HARM CAUSED BY OR RESULTING FROM THE CONCLUSION MADE BY A USER UPON ANY INFORMATION OBTAINED FROM THE RESOURCE, OR THAT RESULTING FROM MISTAKES, OVERSIGHTS, INTERRUPTIONS, ERASING OF DATA OR ELECTRONIC CORRESPONDENCE, VIRUSES, ERRORS, DEFECTS, TRANSMISSION OR OPERATION DELAYS OR ANY FAILURE OF PERFORMANCE NO MATTER WHETHER IT DERIVES FROM A FORCE MAJEURE EVENT, INFORMATION PILFERING, COMMUNICATION BREAKDOWN, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE DATA, PROGRAMS OR SERVICES STORED BY THE RESOURCE.
The Customer undertakes to protect and hold all the above-stated parties harmless from any corresponding claim or demand. The Customer undertakes to recover losses incurred to the Company, its subsidiary and affiliated companies, its respective employees, management, directors, agents, representatives, investors including fees, fines or penalties imposed by any regulatory body, as well as fees or costs charged by the lawyer that arise from or related to the following:
- violation of the Terms by the Customer;
- exploitation of the Services by the Customer, or
- violation of any law, regulation, rule, or the rights of a third party.
Intellectual Property Rights
Convertex owns or possesses all the content that the Website contains in form of information, text, images, software, video and audio data, displays, design, selection and administration patterns. The intellectual property of the Customer is under protection of international legislation regarding copyright, intellectual property or proprietary rights, and trade secret.
The Customer undertakes not to spread, change, reproduce, make copies and derivatives of, display, perform, republish, store, transmit, or download the materials used on the Website.
Use of the Website's content is permitted only in written form, otherwise it is deemed a breach of the Terms and might be considered as copyright, patent, trademark and other applicable laws violation.
Termination and Cancelation
The Company has the right to stop rendering the Service partially or fully, suspend or modify the Service provided to all the clients or to a specific customer without any advance notice whatsoever. The Company might set the limits of using the Services. Without any advance notice whatsoever, the Customer's access to the Resource might be suspended permanently or temporarily for any reason on the Company's own direction, if the Company decides that the Customer has breached the Terms.
The Service provided by this Website might be terminated by both parties of the Terms at any time for or without any reason. Please contact the Company to terminate the Services rendered to you.
The communication between the User and Convertex is primarily executed via e-mail or on-site ticket system. In the framework of these Terms, "Communication" assumes any messages, agreements, documents, bills, notifications and provisos which might be addressed by Convertex to the User.
The User bears responsibility for receiving such data vie e-mail or another way stipulated by the Company. The User shall take all the necessary actions to ensure that e-mails addressed by the Company are delivered to him/her. Namely, such actions as arrangement safety configuration, for instance, spam filters and checking the mailbox spam folder shall be taken on a regular basis.