Date of the last version: 17th of October, 2018
Acceptance of Terms
Changes of Terms
From time to time the Service is modified and improved due to the needs of the Users and the requirements of laws and regulations. Chatex reserves the right to amend the Terms, and the amendments shall be made by way of publishing the amended Terms. The new Terms come into effect at the moment of its publication (unless otherwise stated in the new version of the Terms). The new Terms apply to all Users, including those who have previously used the Service. The use of the Service by the User means that the User automatically agrees with and accepts the new Terms. If the User does not agree with any part of the Terms, then he shall stop using the Service.
Chatex is a platform service for connecting and enabling its users to exchange their local currency (fiat currency) to the cryptocurrency and vice versa with other users as well as to exchange their cryptocurrency to other cryptocurrencies by the way of trades carried out between users on a p2p (peer-to-peer) basis. Cryptocurrency means crypto tokens that uses as a currency only and have no utility, security or other rights, derivatives, or else except currency. The platform service allows it users to set up trades by posting advertisements where they state the exchange rate, payment method(s) and other terms of buying and selling their cryptocurrency. Then other users can reply to the advertisement(s) and then the parties (buyer and seller) can agree to trade with online banking or any other available instant method of payment (e.g. PayPal, Neteller, AliPay, etc.). In order for a user to sell his or her cryptocurrency he or she (hereinafter referred to as the “Seller”) must store his or her cryptocurrency in the Chatex wallet from where the purchased cryptocurrency is transferred to the Chatex wallet of the user purchasing the cryptocurrency (hereinafter referred to as the “Buyer”) upon confirmation of the receipt of the sum equal to the trade price by the Seller. Chatex allows its users to perform peer-to-peer exchange through advertisements to all users of the service. Trading deals on Chatex platform can be executed only between the users of Chatex platform. Chatex is not a cryptocurrency marketplace and is not a party of the sales-purchase deals. We make our best efforts to protect our users and provide them the safe Service for comfortable and secure trading.
Any User who uses the Service confirms that it has reached the appropriate age to enter and execute deals and has all rights by laws of his jurisdiction to use the Service; has rights to enter into any agreements and to make and receive payments.
The User also acknowledge and assure that there is no legal requirements or restrictions by legislation of country of it residence that can restrict access to the Service, and confirms that the User’s fiat and cryptocurrency funds were receive by the User from the legal sources and in accordance with applicable legislation. We do not check the legality of fiat or cryptocurrency funds sources and does not accept any liability for your activity. All deals are executed not with Chatex, but between Users so all claims and actions shall be held on their behalf. If there is any restrictions or requirements to be met to execute deals by the user, this user has no right to use this Service.
Use of the Service
For the registration of account in the Service and for having access to the Chatex platform (hereinafter referred to as the “Account”) You shall provide us with the registration details. The user confirms that provided registration details are actual, valid and correct. Chatex platform is entitled do not provide and shut down access to the Service for the user who breaches the terms or commits any alleged fraudulent actions, provided false information or other breaches of the relevant rules, laws or other applicable regulations. We may require from time to time and the user shall provide us with the required ID documents or any additional documents for buying or selling deal upon Our request. If the user refuse to provide the required documents, then it shall be deemed as violation of the Terms and access for trading may be suspended for the user until all necessary details are clarified. You shall use the Service on your own behalf only, no proxy or representative services aloud. Your account shall not be used as an intermediary or make available your account for any third parties. You shall use one account at a time for trading.
For cryptocurrency trading with other users You may use Advertisements (hereinafter referred to as the “Advertisement” or “Ad” or “Ads” or “Adverts”) to buy or sell cryptocurrency. Create your own Ads or use Ads of the other users contained in the Service to proceed the new Trades (hereinafter referred to as the “Trades” or “Deals” or “Transactions”).
The Advertisements shall contain all terms and conditions of Trades, including, but not limited, User’s account details at the Chatex platform, total price with all fees and commissions of the Service, all additional fees and commissions, full valid payment details, etc.
Users are responsible for the correctness of the information contained in their Advertisements, and responsible for the fraudulent actions in connection with fake and false information in the Advertisements.
User shall place its cryptocurrency Advertisements to the relevant payment category.
If the Seller would like to initiate Deal, full amount of the traded cryptocurrency shall be transferred to the client’s account with Chatex platform and shall be blocked there during the whole trade process finalizing until the Seller has confirmed the receipt of payment in full.
Seller and Buyer shall provide all the required ID documents, proofs of payments and other additional documents upon request by Chatex at any step of Deal. The not providing of the requested documents is a violation of the Terms so Chatex may cancel the Deal at it sole decision.
Buyer shall provide proof of payment in three (3) hours from request of Chatex support staff. If Buyer does not provide the proof of payment, or the proof of payment is unreadable, or cannot be acceptable by any adequate reason, or Chatex have a reason to believe a Buyer may be engaging in fraudulent activity, then Chatex have the right to block, remove all or part of Your Advertisements, and We may provide the Buyer’s information to the Seller for the purposes of recovering the funds and/or preventing or investigating fraudulent activity. In addition, Chatex reserve the right to provide data, documents and information of fraudulent party to enforcement agencies. If User tries to execute Deals without escrow or without the proof of payment, then we may deactivate Your Account.
Online Advertisements are advertisements in the categories “Buy cryptocurrency” and “Sell cryptocurrency” or any other advertisement where the payment method is any other than cash or the advertisement type is instant buy or instant sell.
- You are allowed to have active Advertisements with only one Account at a time.
- You must place your Advertisements in the correct payment category.
- Multiple Advertisements for the same payment method and same fiat currency are not allowed.
Chatex support staff shall check the all terms of the Advertisement and full information in it, check proof of payments, Users’ portfolio data, their chat conversations, their ratings, etc.
In case if Seller or Buyer disagree with any action of each other or disagree with any conformation document, then Chatex support staff may resolve such Trade disputes by their discretion.
If Seller or Buyer provided the payment details not in Chatex, then Chatex support staff may resolve the dispute without taking the payment details into consideration.
Suspension and Termination
Furthermore, we have the right to, at our sole discretion, suspend, limit or terminate the use of Your Account and/or suspend the use of, hide or remove any advertisements or other material you have submitted to the services with sole decision and without explanation or if (but not limited to):
- We have reason to believe that you have supplied false, misleading or deceptive information in connection with Your registration, identity verification, transactions or any other use of the Services, either to us or to another user;
- You have not responded to our inquiries or supplied the information requested by us within a reasonable period of time; or
- We are required to do so under any applicable law, regulation or an order issued by an authority.
Our above right includes the right to limit access to Your Account balance for up to 180 days, or even longer if pursuant to a court order or other legal process or obligation, or if You have not completed the additional identity verification measures we have requested from You, or if we have reason to believe that you do not have the right to access or control the Account or the cryptocurrency funds on that Account.
Although We reserve the right to terminate your use of the Services immediately and without any information from You in any of the above circumstances, we wish to deal with such situations in a fair and proportionate manner. Depending on our legal and contractual obligations, the urgency of the issue and the way We decide to balance the interests requiring protection, we will usually strive to inform and hear You before We take actions based on our abovementioned rights under this Section, particularly if it involves the permanent termination of Your Account and/or any content or materials associated with it. By using the Services, however, you agree and acknowledge that this is not always possible and that we are not in any circumstance liable for any damage, losses, expenses or harm resulting from the use of our rights under this Section.
Fees and Pricing
The Services are provided to You against fees determined on a per transaction and/or per advertisement in accordance with the prices and pricing principles set out on Chatex platform at the time of relevant transaction, creation of advertisement or the fulfillment of any other fee basis. Such fees may include e.g. percentage-based fees for incoming and outgoing transactions or advertisements created and they may be deducted from your Chatex wallet balance or deposit. In addition, the fees may include percentage-based fees for merchant invoicing services deducted from the paid invoice amount you decide to order from us.
Service charge fee from the Ad Owner after completed transaction. Current fee can be found under the Information section inside the platform.
Transactions are sent to network with a timeout. Real network fee and time to first confirmation depends on current network status and settings of cryptocurrency wallet that we set by our discretion.
If you invite new user via your personal link and he is locked as your “referral”, you will get dividends from his exchange activity. We pay dividends after service fee will be charged, and if this user was the one who respond to the existing advertisement created by another user. We do not pay dividends from wallet and withdraw fees!
Current percentage can be found under the Information section inside the platform.
You expressly agree and obligate not to:
- Use the Services in a manner which may cause the Services to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Services is in any way impaired;
- Use the Services or the platform Chatex (or any part of them) for any illegal purpose;
- Misrepresent your identity or credentials, or use those of another person, in engaging with us or any other persons on the platform or via the Services;
- Attempt any unauthorized access to any part or component of the Services, bypass or break any security mechanism of the Services or use the Services in any other manner that poses a security risk to us or any of our users;
- Use the Services to engage in or in connection with fraudulent activity;
- Use the Services to harvest or otherwise collect information about others;
- Launch or facilitate, whether internationally or uninternationally, a denial of Service attack on the Services or engage in any other conduct that adversely impacts the availability, reliability, or stability of the Services;
- Reverse-engineer the Services to find limitations or vulnerabilities;
- Alter or modify any part of the Chatex platform or the Services;
- Send, create or reply to so called mailbombs (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in spamming (i.e., unsolicited emailing or messaging for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of Chatex platform by any other person;
- Reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Chatex platform.
PIN-code and other Security
User shall use his PIN-code of the Chatex platform for the individual use only and could not be sent, disclosed or transferred to any other person. User shall contain the PIN-code in the safe and secure place, and shall be responsible for the security of the PIN-code by his own. Chatex reserves the right to monitor the security of Your PIN-code and may require to make the password more safety or suspend your account until You change the PIN-code. You shall not use PIN-code guessing programs, cracking tools or network probing tools.
IZIBITS OÜ is entitled to provide any of your details to other state authorities, upon request, in order to prevent fraud and help them to resolve investigations.
We may process your personal information as long as it is necessary for operations to comply with applicable laws and in order to prevent fraud.
The materials, information and opinions included and/or expressed in or on the messages, feedbacks, advertisements on Chatex platform are not necessarily those of IZIBITS OÜ or its affiliated and related entities or content providers. IZIBITS OÜ is not responsible for monitoring or reviewing the messages, feedbacks or advertisements and the content of the messages, feedbacks or advertisements is not the responsibility of IZIBITS OÜ. We may remove or modify any content without notice or liability at any time in sole discretion. Any use of the messages, feedbacks, advertisements or any other content on Chatex platform will be at your own risk and will be subject to the disclaimers and limitations on liability set out above.
User of the Service shall act responsibly when using Chatex platform. You expressly confirm that the third party claims to IZIBITS OÜ on the material that you have contributed to the Chatex platform is unlawful, and You solely bear responsible for the publicly posted or otherwise transmitted to or through Chatex platform materials.
You shall not post any unlawful content, including, but not limited, the content that:
- violates any applicable laws;
- advertises any commercial endeavor;
- threatening or offensive;
- invades privacy, infringes any intellectual property rights;
- is obscene, racist, abusive, pornographic, harassing, etc.
Also you have no right to remove any sponsorship materials on the Chatex platform.
Chatex platform may contain links to other resources. IZIBITS OÜ is not responsible for the privacy practices of such resources. This privacy statement applies solely to information collected by IZIBITS OÜ.
Chatex platform may link you to other services, sites, chatbots and other resources (hereinafter referred to as “Resources”) on the Internet. These resources may contain information or material that some people may find inappropriate or offensive. These other resources are not under the control of IZIBITS OÜ, and you acknowledge that (whether or not such resources are affiliated in any way with Izibits) IZIBITS OÜ is not responsible for the correctness and legitimacy of the content of such resources.
Online Payment Methods
IZIBITS OÜ or Chatex are not associated with any of the trademarks which might appear visible in the Online Payment method lists or advertisement details. Including, but not limited to Alipay, AstroPay, BPAY, CashU, Chase Quickpay, Dwolla, Easypaisa, EgoPay, Amazon Gift Card Code, Apple Store Gift Card Code, Ebay Gift Card Code, iTunes Gift Card Code, Starbucks Gift Card Code, Steam Gift Card Code, Walmart Gift Card Code, Google Wallet, Hal-cash, hyperWALLET, Interac e-transfer, MobilePay FI, MobilePay, MobilePay NO, Moneybookers / Skrill, Moneygram, MoneyPak, M-PESA Kenya (Safaricom), M-PESA Tanzania (Vodacom), Neteller, NetSpend Reload Pack, OKPay, Paxum, Payeer, Paym, Paypal, PayPal My Cash, PaySafeCard, Payza, Perfect Money, Pingit, PYC, PostePay, QIWI, Reloadit, RIA Money Transfer, Serve2Serve, SolidTrustPay, Square Cash, Superflash, Swish, Tigo-Pesa Tanzania, Transferwise, Ukash, Vanilla, Venmo, Vipps, Walmart 2 Walmart, WebMoney, Western Union, Xoom, Yandex Money, or any other payment method. Chatex does not itself support these payment methods, or claim to be in partnership with them. Also, services provided by IZIBITS OÜ and Chatex are not authorized, approved, endorsed or sponsored by any of the payment methods listed above or their respective trademark owners. Payment method listings are visible on Chatex platform for informative purposes only. Trademarks, which might appear visible on Chatex platform, belong to the respective trademark owners alone.
Disclaimer of Warranties
The Company notifies all Users and Stakeholders that the Service is in Beta stage for the purpose of research and development and is only provided to you with the aim of launching experimental content; to gauge how it works; find out how to make our Service better and more comfortable for Users; and to receive feedback from users regarding the website and Service.
In connection with the above-mentioned information, the Service may have a number of functional limitations, and significant changes may be made to the Service operations. When beginning to use the Service, the User expressly agrees to an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release us from all liability for you acquiring or not acquiring Content through the Service. We make no representations concerning any Content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
By utilizing the Service or interacting with the Content or platform in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of public/private key cryptography, native cryptographic tokens, like Bitcoin (BTC), Ether (ETH), smart contract-based tokens such as those that follow the Ethereum Token Standard, and blockchain-based software systems.
You acknowledge that information you store or transfer through our services 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, 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 our Services.
After you begin using the Service you can send feedback to the Company regarding how the Service works, or feedback, suggestions of Service development, or any analytical information. At the same time, the Company notifies all Users and Stakeholders that such information as well as User’s feedbacks are voluntarily and without any payment from the Company.
Your participation, via providing feedback or information, does not mean that the Company is entered into testing, employment, or any other type of reimbursable agreement with you, and it does not mean that it would have any consequences.
Users and Stakeholders shall take into account that the provided feedbacks and information are accessible to employees and partners of the Company, and may become available to other Users and Stakeholders, or may be published by the Company, or may be otherwise disclosed. In connection with the above-mentioned we recommend you follow the ethical principles of communication, as well as requirements to the content of public or non-public messages. Users and Stakeholders solely control their personal data, confidential information, or information that is not subject to disclosure. Users are solely responsible for content of their feedbacks, or possible disclosure of feedbacks, or suggestions to the development of the Service or analytical information.
IZIBITS OÜ is not responsible for any loss of Users’ or third party’s, including information in the Content of the Service about the Users and third parties, or any loss of profit, that may arise as a result of any events that are not under the control of the platform, including, but not limited to the results of natural or man-made events (earthquakes, fires, floods, hurricanes, other emergencies, wars and conflicts, blockades, sanctions, political and economic restrictions, strikes, changes in legislation, man-made disasters), or the result of actions of third parties, including changes to service providers, software and equipment.
Governing Law and Severability
If any provision of this Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
The Services are controlled and offered by Us from Estonia. User expressly confirms and agree that the Terms shall be governed in all respects by the laws of Estonia, without regard to their choice-of-law provisions, and excluding the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods. User agree that all disputes, claims and proceedings arising out of or relating to the services shall be resolved by the competent courts of Estonia. However, we shall always have the right to take legal proceedings in the court of competent jurisdiction of your domicile. All claims shall be brought within one (1) year after the claim arises.
How to Contact Us
By using the services, you agree that any notice, disclosure, agreement or other communication that we deliver to you electronically via built-in support chat or to the e-mail address you have defined in your account settings will satisfy any legal communication requirements, including that such communications be in writing.
Intellectual Property Rights
All Trademarks, Software and other copyrights provided on the platform are the property of the IZIBITS OÜ and protected by trademark and copyright laws. Nothing in the Terms or other documents gives anyone more rights than provided in the Terms. You are permitted to use this platform and our services only as expressly authorized by us.