Terms and conditions

By accessing or using Crypties, you agree to be legally bound by these Crypties Terms and Conditions. Please read this document carefully. If you do not agree with one or more provisions herein, you should not use Crypties.

CRYPTIES TERMS AND CONDITIONS

Last update: 21 May 2021

1. GENERAL INFORMATION

1.1 These Crypties Terms and Conditions (the “Terms”) constitute a legally binding agreement between a natural person or an entity (the “redeemer”, “you” and “your”) accessing the website https://crypties.ch, the related domain names, software and services (collectively, “Crypties”) and the owner and operator of Crypties, namely, Crypties SA having a registered business address at Avenue d'Ouchy 4, 1006 Lausanne, Switzerland, and a registration number CHE-401.672.109 (“we”, “us”, and “our”). These Terms outline the terms and conditions of use of Crypties. You hereby confirm that you have a capacity to conclude legally binding agreements.

1.2 About Crypties. Crypties allows you to acquire cryptocurrencies anywhere with ease. To use Crypties, you must purchase a paper wallet containing a unique QR code (the “Code”) in one of the available points of sale (the “Ticket”). Each Ticket can be assigned a credit value, at your discretion. Afterwards, you can redeem the Ticket by entering or scanning your Code on Crypties web application (app.crypties.ch/redeem). You are entitled to choose the cryptocurrency that you would like to receive on the wallet of your choice. The Tickets are available for sale in Switzerland only.

1.3 License to use Crypties. We grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use Crypties pursuant to these Terms on an unlimited number of devices. In some countries, not all features of Crypties may be available.

1.4 Disclaimer. Although we regularly monitor the information available through Crypties, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us or by third parties.

1.5 Third-party links. Crypties may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices de-ployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.

1.6 Minors. Crypties is not marketed and intended for use by persons under the age of 18.

1.7 Data protection and other relevant terms. Our Privacy Policy describes in detail how we handle your personal data collected through Crypties. By using Crypties, you agree to comply with the applicable data protection laws. Other terms that may govern your use of Crypties may be available, from time to time, on Crypties.

1.8 No offer. The information published on Crypties does invite, offer or recommend to buy or sell a product, or engage in a transaction or operation.

2. THE COMMISSION

2.1 The Commission. Your use of Crypties is subject to the commission representing a percentage of the value of the transaction completed by you through Crypties by redeeming the Ticket (the “Commission”). The schedule of the Commission and the terms related thereto are made available on our website. By con-cluding a sales contract with us (i.e. redeeming your Ticket), you agree to pay the Commission in accord-ance with these Terms and other terms and conditions in force at the moment you redeem your Ticket. The Commission rate is subject to a change with a reasonable notice.

2.2 Taxes. Unless indicated otherwise, the Commission includes all applicable sale taxes, levies, and other duties.

2.3 Payment processing. All payments are processed by our third-party payment processors. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Commission are available. You shall not hold us liable for payments that do not reach us due to your error (e.g., incorrect payment information) or if your payment is refused for any other reason.

2.4 Refunds and right of withdrawal. We do not issue refunds for the Commission paid.

3. THE TICKET AND EXCHANGE TRANSACTIONS

3.1 About the Ticket. The Ticket has a prepaid value and, therefore, is similar to a prepaid gift card. The Ticket combines a voucher ticket and a printed (empty) blockchain crypto wallet. The Tickets may be purchased in a number of points of sale in Switzerland. The Ticket contains a credit in a FIAT currency, namely, CHF, which is acquired with the sole purpose of exchanging the value of the Ticket to crypto currencies, the list of which is made available on Crypties. All Tickets:

  • Can be redeemed only once;
  • Cannot be paid in cash;
  • Cannot be returned or changed;
  • Can be transferred as a gift;
  • Expire if not redeemed within 24 months from the date of purchase, unless special promotional terms apply;
  • Require the redeemer to use Crypties, subject to these Terms;
  • Cannot be used for trading purposes; and
  • Can be redeemed in Switzerland only.

3.2 Redeeming the Ticket. To redeem your Ticket, you must first purchase it in a physical form in one of the available points of sale. You may redeem the Ticket exclusively on Crypties, by scanning or entering the Code on the Crypties application (app.crypties.ch/redeem). Each Ticket contains the Code at-tributable to a particular value of money that can be redeemed as cryptocurrencies. Please note that (i) you cannot redeem the Ticket in parts and (ii) the Ticket expires if not redeemed within a certain timeframe. If you purchase the Ticket for somebody else, you should ensure that they are aware of these Terms. The Tickets cannot be reloaded, resold or otherwise transferred for value, used for any commercial purposes or used in any way contrary to any of our terms and conditions from time to time, including the Terms.

3.3 Risk. As soon as you receive your Ticket, the risk (including for loss, destruction, theft or unauthorised use) associated with the Ticket passes to you. In particular and without limitation, you are responsible for maintaining the secrecy and confidentiality of your Ticket. The Tickets cannot be replaced. We cannot be held liable for any loss, destruction or theft of gift cards, any use of the Ticket without your consent, or your failure to keep the Ticket confidential. Nothing in the preceding sentence excludes or limits our liabil-ity should any unauthorised access or use of the Ticket be caused wholly or primarily by us (for example, due to a system security breach within our reasonable control).

3.4 Our liability. To the extent permitted by law, our liability in respect of your purchase or use (or at-tempted or prospective use) of the Ticket (i) will be limited to the amount of the pre-payment you have made on the Ticket and (ii) will exclude all indirect, consequential, special or punitive loss or damage.

3.5 Fraud prevention. We have the right to suspend use of the Ticket if we know, or have a reasonable ba-sis to suspect, that:

  • The Ticket has been obtained dishonestly or fraudulently;
  • A person redeems or attempts to redeem the Ticket dishonestly or fraudulently; or
  • Any person using or attempting to use the Ticket is doing so in circumstances where our systems are being hacked, subverted or otherwise misused.

3.6 Eligibility of phone numbers. You must have an eligible phone number to redeem the Ticket. Please note that we do not accept phone numbers containing international codes of Bélarus, Congo, North Ko-rea, Ivory Coast, Eritrea, Guinea, Guinea-Bissau, Iraq, Iran, Lebanon, Liberia, Libya, Myanmar (former-ly, Burma), Central African Republic, Somalia, Sudan, Syria, Ukraine, Yemen, and Zimbabwe. We reser-ve the right to amend the phone number eligibility criteria, including without limitation the list of countries in the preceding sentence, at any time.

3.7 Refunds and Returns. The Tickets are non-refundable.

3.8 Cash value. The Tickets have no cash value other than to be applied as payment for obtaining cryptocurrencies through Crypties in accordance with these Terms. The Ticket must be applied at the point of purchase and cannot be applied to previous purchases.

3.9 Suspension. We reserve the right, at our sole discretion, to suspend or terminate (i) the redemption of any Ticket or (ii) supply of the Tickets for any person for any reason whatsoever.

3.10 Exchange transactions. All exchanges transactions carried our through Crypties are subject to these Terms and you agree to abide by them. By redeeming the Ticket and confirming the exchange transaction, you (i) bindingly execute the exchange transaction, (ii) confirm that you have full legal capacity to accept these Terms, and (iii) such a transaction cannot be reversed. The exchange transactions are carried out as follows:

  • You must activate your Ticket on Crypties web application (app.crypties.ch/redeem) by entering your valid phone number. We will check the validity of your phone number. You will receive a one-time activation PIN;
  • After you successfully register, we will check your exchange threshold and you will receive a time-limited SMS mTAN code;
  • If the verification is successful, you will be entitled to exchange the credit of your Ticket in the cryptocurrency of your choice, provided that you accept these Terms;
  • The preliminary exchange rate will be displayed to you. The rate may be updated every few seconds;
  • To complete the exchange, you must click the button and
  • ▪ The exchange transaction is completed bindingly within a few seconds and cannot be reversed.

3.11 Transmission of cryptocurrencies. As soon as you execute your exchange transaction, the exchanged crypto currency amount is transferred to your crypto wallet via block chain. You are not allowed to transfer crypto currency to a crypto wallet that is not owned by you. The Ticket second QR code represents a multicurrency crypto wallet with multiple block chain target addresses for access. Upon completion of the process only a single address will be used for sending the funds corresponding to the cryptocurrency chosen by the user. This process is transparent and totally automatic. Due to the specifics of block chain technology and depending on the crypto currency you choose, the transfer takes between 10 minutes and 24 hours, unless there is an incident in the respective blockchain or Crypties. You are responsible for maintaining confidentiality and security related to your private key/mnemonic (the second qr code), and making sure that the Code can be scanned are readable and undamaged. We do not store your private keys and, therefore, we cannot restore or disclose them.

3.12 Limits and thresholds. We use technical measures to ensure that the execution of your exchange transactions is carried out properly, correctly, and in compliance with the applicable laws. Exchange transaction are structured as two-party transactions (money exchange business). We set internal systemic thresholds as required by law or otherwise, including below the legal limits. The limit of the Ticket is set to CHF 100-500. If we have a reason to believe that your transactions on Crypties exceed our thresholds and limits, breach these Terms or the applicable laws (e.g., money laundering and terrorism financing regulations), we reserve the right to suspend or terminate your transactions on Crypties, among other measures. If we have strong indications that you often exhaust our thresholds, we reserve the right permanently stop your transaction, deactivate you access to Crypties and your Tickets. You can contact us for more information on our thresholds and user scoring.

3.13 Reference prices. By completing a transaction through Crypties, you acknowledge and agree that you buy crypto currencies from us. Each exchange transaction is subject to a reference price, i.e., the liquidity adjusted price of a given crypto quantity in the respective national currency as quoted on Crypties. The reference price may indicate either the price in the local currency (CHF) at which you buy crypto curren-cies from us. By completing your transaction on Crypties, you accept the reference price as the only con-version factor for using Crypties.

3.14 Exchange rate. The exchange rate applied to you may differ from the effective reference exchange rates due to market fluctuations, the reference price on Crypties, third party acts, and other circumstances outside our control; we accept no responsibility for the exchange rates applied to you.

4. INTELLECTUAL PROPERTY

4.1 Crypties’s content. Most of the content available on Crypties, including all information, software, da-ta, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, the “Crypties Content”) is owned by us, our partners, agents, licensors, vendors, and/or oth-er content providers. The Crypties Content is protected by applicable intellectual property laws and inter-national treaties. You are not allowed, without obtaining prior written authorisation from us, to copy, dis-tribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the Crypties’s Content to third parties, or use any manu-al or automated means to scrape any content available on Crypties.

4.2 Crypties brand. You may not use the brand, the word or figurative trademarks associated with Cryp-ties or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.

4.3 Third-party intellectual property. Crypties can be used for accessing third-party content (the “Third-Party Content”). The Third-Party Content is owned by third-party proprietors and such third-party intel-lectual property does not belong to us. The Third-Party Content remains the sole property of the respective third-party proprietors. You may not use any Third-Party Content without the prior authorization of the owners of such content, notwithstanding any functionalities of Crypties.

4.4 Copyright infringement claims. If you have any grounds to believe that any content available on or through Crypties violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright in-fringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.

4.5 Your content. By submitting any content to us (e.g. your reviews), you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to store, use, distribute, advertise, adapt, remix, modify, display, perform, excerpt, prepare derivative works of, and reproduce your content for the pur-poses of carrying out our legitimate business interests.

5. PROHIBITED USE

5.1 Crypties can be used for lawful purposes only. Please be advised that we work closely with law en-forcement and we report any inappropriate content that may infringe applicable laws. We also reserve the right to report any suspicious activity that, at our sole discretion, may breach the applicable laws and regulations (e.g., the anti-money laundering (AML) regulations).

5.2 It is your responsibility to assess whether your use of Crypties is in compliance with local laws and regulations.

5.3 You are not permitted to use Crypties in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

  • Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
  • Intellectual property (e.g. copyright or trademark) infringement;
  • Any unauthorised access to machines, programs, data, or committing any other forms of cyber of-fences;
  • Promotion or encouragement of terrorist activities of any sort;
  • Exploitation of children in any way, including audio, video, photography, digital content and uploading, downloading, posting, distributing, trading, bartering, selling, transmitting or receiving of children pornography material;
  • Fraud;
  • Provision of false, inaccurate, or misleading information;
  • Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and illegal messaging;
  • Spreading ethnically, racially, or otherwise objectionable information;
  • Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
  • Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening Crypties;
  • Interfering with or abusing other users of Crypties;
  • Using bots, scripts, and other automated methods; and
  • Collecting and disclosing any information about other users of Crypties.

6. AVAILABILITY AND FORCE MAJEURE

We put reasonable efforts to ensure that Crypties is always accessible to you. However, the availability of Crypties may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catas-trophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communi-cations or computer (software and hardware) services. We take no responsibility for the unavailability of Crypties caused by such factors.

7. DISCLAIMER OF WARRANTIES

7.1 We provide Crypties on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of Crypties, the Third-Party Content, or other content featured on or access by using Crypties, whether provider by us or by third parties, and hereby disclaim all warran-ties regarding Crypties and its operation.

7.2 It is your sole responsibility to verify and assess the fit for the purpose of Crypties prior to using it and to decide whether or not Crypties fits for the intended use.

7.3 By using Crypties, you acknowledge that we may use third-party suppliers to provide software, hard-ware, storage, networking, and other technological services. The acts and omissions of third-party suppli-ers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

7.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

8. LIMITATION OF LIABILITY

8.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, in-cluding, but not limited to, incidental, punitive, special or other related damages, arising out or in connec-tion with your use of Crypties, any content made available through Crypties, whether provided by us or by third parties, any transactions concluded through Crypties, or use of Crypties for unauthorised or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

8.2 This Section 8 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

9. INDEMNIFICATION

You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of Crypties, or your violation of any law or the rights of a third party.

10. SEVERITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

11. GOVERNING LAW AND DISPUTES

11.1 Governing law. These Terms shall be governed and construed in accordance with the laws of Switzerland (Vaud), without regard to its conflicts of law provisions.

11.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submit-ted to courts in Lausanne, Switzerland.

11.3 This Section 11 does not affect any statutory rights that you are entitled to as a consumer.

12. MISCELLANEOUS

12.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms or when you accept them and remain in force until updated or terminated by us.

12.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on Crypties. Such amendments may be necessary due to new features of Crypties, chang-es in the requirements of laws, regulations, or our business practices. We will send you a push-notification about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of Crypties after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through Crypties at any time, at our sole discretion.

12.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is ap-propriate, necessary or desirable to do so, we may:

  • Send you a formal warning;
  • Temporarily or permanently prohibit your use of Crypties;
  • Report you to public authorities; or
  • Commence a legal action against you.

12.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting ceasing to use Crypties.

12.5 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the pro-visions of these Terms.

12.6 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of Crypties.

13. CONTACT

If you have any questions about these Terms, please contact us by using the following contact details: Email: contact@crypties.ch Postal address: Crypties SA, Avenue d'Ouchy 4, 1006 Lausanne, Switzerland.

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