Chatex App terms

Terms and Conditions

Last updated: April 12, 2021

Acceptance of the Terms and Conditions

The Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your relationship with Chatex (hereinafter referred as “Company”) and your access to and use of mobile application (“Application”). 

Please read the Terms and Conditions carefully before you start to use the application. By using the application or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions in addition to

Privacy and Cookie Policy, incorporated herein by reference;

KYC Policy, incorporated herein by reference;

AML Policy, incorporated herein by reference.

If you do not agree to these Terms and Conditions you must not access or use the Application.

Entire agreement

The Terms and Conditions contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with the Company for the Services or for any other Company’s product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with the Company, the terms of that other agreement will control only if these Terms and Conditions are specifically identified and declared to be overridden by such other agreement.

Definitions and Interpretations

«Account»A set of protected pages created as a result of the User registration, using which the User can open a virtual wallet, as well as instruct the Company commissions stipulated by the present Agreement.
«Cryptocurrency» or «virtual currency»Digital cryptographic representation of assets, represented by Ethereum (ETH), Bitcoin (BTC) and any other type of cryptocurrency.
«KYC/AML Policy»Policy on prevention of money laundering and terrorism financing, that states the general principles of AML/CFT measures taken by the Company and constitutes an essential part of the Agreement, and the text of which is available at chatex.com.
«Privacy Policy»Rules of collection, storage, distribution and protection of personal data that the Company gets from the Users and that is an essential part of the Agreement which text is available at Website
«Services»a.     Opening a virtual wallet account with a special mode of operation;b.     Customer services;c.      Technical and management services ensuring the normal operation of the application;Other services publicly announced by the Company.
«User»An individual person сapable under personal law that is eligible to use the application and has accepted the present Terms and Conditions. The Company reserves its right to set forth at any time and upon its own discretion special eligibility conditions or other requirements to certain Users.
«User Account Data»Personal Data necessary to access and use the application. The list of collected personal data is available in Privacy Policy.
Virtual walletA virtual wallet that can be opened in Account in order to exchange virtual currencies. Such accounts opened through our Partner BitGo. On more technical information about such wallets please learn https://www.bitgo.com/terms

Authorised Users

Access to and use of our application is restricted to the person completing the on-boarding procedure and agreeing to these Terms and Conditions. 

By using the application, you represent and warrant that you (i) are 18 years of age or older, (ii) are of legal age in your jurisdiction or place or residence, (iii) not barred to use the application under any applicable law, order, directive, regulation, or sanction list and (iii) are using the application only for a lawful purpose. If you do not meet these requirements, you must not access or use the application.

If you are an authorised user, you may not assign, allow or in any other form give access, or use our services, or those of our providers on behalf of another individual or entity.

Prohibited Uses

You may use the application only for lawful purposes and in accordance with these Terms and Conditions. 

You agree not to use the application:

  • in any way that violates any applicable national, regional, local or international law or regulation;
  • if you are citizen or resident of: Afghanistan, American Samoa, Austria, Bahamas, Bosnia and Herzegovina, Botswana, Burundi, Cambodia, Central African Republic, Democratic Republic of Congo, Cuba, Ethiopia, Gaza Strip, Germany, Ghana, Guam, Guinea Bissau, Guyana, Iran, Iraq, Japan, Laos, Lebanon, Libya, Mali, Myanmar, Netherlands, Nicaragua, North Korea, Northern Mariana Islands, Pakistan, Panama, Puerto Rico, Samoa, Serbia, Singapore, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Trinidad & Tobago, Tunisia, Uganda, United States, US Virgin Islands, Venezuela, West Bank (Palestinian Territory, Occupied), Yemen, Zimbabwe.or other countries where usage or exchange of cryptocurrency is prohibited;
  • performing any restricted activity with or on behalf of individuals, countries or territories under the relevant sanctions of the United Nations or the European Union (the list is available at https://sanctionsmap.eu/#/main);
  • to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party;
  • to engage in any illegal conduct including but not limited to activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrants that he/she will not use the application to assist any other party in such illegal activity; 

You must use the Websites and the Product, and anything available via such, only for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these Terms and Conditions will terminate immediately in the event that you breach or fail to comply with any of these Terms and Conditions. 

To do anything with the application that is not expressly permitted by these Terms and Conditions, you will need a separate licence from us.

Amendments

We may revise and update these Terms and Conditions from time to time in our sole discretion without notice to you  by posting updates and/or amendments and/or alterations. All changes are effective immediately when we post them.

Your continued use of the application following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Warranties

We do not warrant that the quality of services of the functionality of the application will meet your expectations, or that any errors in the service will be corrected.

We do not guarantee, represent or in any other form warrant the availability of our service or that the service will be available in a timely manner, error-free, or secure.

We do not warrant that any statement current or future shall apply to you without deviations. Specifically, regarding future statements, plans, potential achievements, estimations etc, we do not guarantee, represent or warrant the implementation of such statements.

We do not warrant that the results of services provided by us or by providers will be accurate or reliable. We reserve the right to vary the service, suspend the Service or cancel the service at any time.

Intellectual property rights

You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in the application are vested in the Company and/or its licensors and the Company and/or its licensors are the sole and exclusive owners thereof. All rights in the application not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the application except as expressly authorized herein. Except as otherwise provided, the Content published in this application or on the Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of the Company is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

The Company hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. The Company disclaims any proprietary interests in the intellectual property rights other than its own.

Information About You 

The Company has developed a Privacy Policy that governs the use and protection of User’s private information according to the applicable laws and good practices. 

All information we collect is subject to Privacy Policy. By using the application, you consent to all actions taken by the Company with respect to your information in compliance with the Privacy Policy.

Despite all the security measures implemented by the Company, the User acknowledges that there are certain risks of the Company being attacked by electronic means in order to obtain the private information and that the Company cannot guarantee full protection.

Confidential Information

When using the application, data may be transmitted over an open network which may allow such communications to be intercepted by third parties. As a result, the Company cannot guarantee the confidentiality or security of any communication or data that you may transmit to through the application.

Third party services

Certain features of application may utilize the services and/or products of third-party vendors and business partners, which services and/or products may include software, information, data or other services. Certain of these vendors and business partners require users who utilize such features to agree to additional terms and conditions. This page identifies third-party terms and conditions that are required by such third-party vendors and business partners as they apply to the features set forth below. Your uses of such features constitute your agreement to be bound by these additional terms and conditions. These third party terms are subject to change at such third party’s discretion. 

Disclaimers 

The Company is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades deals or other decisions or activities effected by you using the application or Services. No communication or information provided to you by the Company is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. All trades are executed by Users, and Users are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for them based on Users` personal investment objectives, financial circumstances and risk tolerance. User should consult his/her/it legal or tax professional regarding each specific situation. The Company does not recommend that any Cryptocurrency should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Cryptocurrency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. The Company will not be held responsible for the decisions you make to buy, sell, or hold Cryptocurrency based on the information provided by the Company.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR APPLICATION AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR APPLICATION AND/OR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE APPLICATION MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE APPLICATION.

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to certain users.

Limitation on Liability

EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY’S RECORDS, PROGRAMS OR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to Certain users.

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE APPLICATION EXCEED THE FEES PAID BY YOU TO THE COMPANY DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.

The Company is not responsible for any damages caused by delay or failure to perform its obligations under the Agreement in case if the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all acts that are regarded as Force Majeure in legal practice.

Limited right of use

Any use of the application in violation of these Terms and Conditions is strictly prohibited and can result in the immediate termination of your access to the application and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE APPLICATION INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY COMPANY`S DIGITAL PRODUCT SUCH THE APPLICATION IS A VIOLATION OF COMPANY’S POLICY AND MAY BE A VIOLATION OF APPLICABLE LAWS.

You agree that you will not, under any circumstances:

a) Engage in any act that the Company deems in its reasonable discretion to be in conflict with the spirit or intent of the application, including but not limited to circumventing or manipulating these Terms and Conditions, our service rules, token sale rules or any other policies;

b) Make improper use of the Company’s Services, including, without limitation, by submitting false personal information or using profane and abusive language in your communications with our personnel; or

c) Use the application, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation or in violation of rights of third parties;

d) Use exploits, automation software or any unauthorized third party software designed to modify or interfere the application;

e) Use the application in order to design or assist in the design of exploits, automation software or any other unauthorized third party software designed to modify or interfere the application;

f) Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the application (each a “Server”);

g) Organize, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks, mining attacks upon the application, or other attempts to disrupt the application; or

h) Attempt to gain unauthorized access to the application, Accounts registered to others or to the computers, Servers, or networks connected to the application by any means other than the user interface provided by the Company;

i) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;

j) Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;

k) Make available through the application any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Company’s employee;

l) Interfere or attempt to interfere with the proper functioning of the application or connect to or use the application in any way not expressly permitted by these Terms and Conditions;

m) Use, facilitate, create, or maintain any unauthorized connection to the application, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the application; or (2) any connection using programs, tools, or software not expressly approved by the Company;

n) Copy, modify or distribute rights or content from the application, or Company’s copyrights or trademarks or use any method to copy or distribute the content of the application except as specifically allowed in these Terms and Conditions;

o) Solicit or attempt to solicit personal information from other users of the application;

p) Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the application; or

q) Upload or transmit or attempt to upload or transmit, without Company’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

r) Publicly disseminate information about the types and methods of violations of these Terms and Conditions and Privacy Policy, as well as publicly call for violation of these Terms and Conditions and Privacy Policy.

s) Publicly disseminate information (correspondence in whole or in part) obtained as a result of communication with the technical support team.

t) Register and use to access to the app or Services more than one account. In case if there are reasonable grounds to believe that you have registered or are using more than one Account, the Company has the right to restrict, suspend, terminate, modify or delete any and all accounts associated with you.

u) Use IP proxying or other methods to disguise the region (country) of your current location to circumvent geographical restrictions to order any Services or for any other purposes.

Linking to the application

Linking to the application is permitted provided that you comply with these rules. However, you are not allowed to use in-line linking or framing. You must not imply that the Company endorses or sponsors the linker of its application or Services. You must not use Company’s intellectual property including but not limited to trademarks, trade name, copyright without permission from the Company. Furthermore, you agree to remove the link at any time upon our request.

Third party materials

In order to use this application and/or Services, you may need to obtain and/or use certain third-party products (i.e. Device), services and/or materials (“Third Party Materials”). Third Party Materials are (i) not licensed hereunder; (ii) not under Company’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which you need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of this application and/or Services. Notwithstanding any provision to the contrary herein, nothing in these Terms and Conditions shall be construed as to grant You any rights or licenses with regard to such Third-Party Materials or to entitle You to use such Third Party Materials.

Applicable law and dispute resolution

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

This Agreement shall be governed, construed, and enforced in accordance with the law of SAINT VINCENT AND THE GRENADINES.

The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receipt.

Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Riga International Commercial Arbitration Court in Riga on the basis of written documents (written procedure).

The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.

Indemnification

You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms and Conditions, including without limitation infringement by user materials of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.

Assignment

The Company may assign, transfer or delegate these Terms and Conditions or the fulfillment of any of its obligations pursuant to these Terms and Conditions and/or Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer or delegate any rights or obligations under the Terms and Conditions or Privacy Policy without Company’s prior written consent, which may be withheld in its sole discretion, and any unauthorized assignment and delegation by you is void and ineffective.

Severability

If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.

Notices

Any notice or other communication under this Agreement shall be in writing and shall be considered given and received when sent by email. The Users official email for communication shall be deemed the email specified by the User during the creation of Account. The language of the communication shall be English.

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