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Policies

  1. Policies:
  2. 1. Terms and Conditions
  3. 2. Privacy policy
  4. 3. Anti-Money Laundering and KYC Policy
  5. 4. Refunds Policy
  6. 5. Cryptocurrency Price Terms and Conditions
  7. 6. Risks associated with cryptocurrency investments

Terms and Conditions

These terms and conditions (https://cactipay.com/policies/terms-of-service/) govern your use of service provided by CACTIPAY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, incorporated on 29 November 2023 (KRS number 0001072434), whose registered office is at ul. ALEJA JANA PAWŁA II, nr 43A, lok. 37B, miejsc. WARSZAWA, kod 01-001, poczta WARSZAWA, kraj POLSKA.

Cactipay provides services in the exchange of fiat currency for cryptocurrency, and cryptocurrency for fiat currency (hereinafter in the text referred to as “Exchange Services”) as well as custodian cryptocurrency wallet services enabling you to hold, store, transfer, and manage your balances of supported cryptocurrencies (hereinafter in the text referred to as “Custodian Wallet Services”) (hereinafter both together in the text referred to as “Services”).

The Services are available via Cactipay platform (hereinafter in the text referred to as “Platform”) exclusively. By accessing the Platform and using the Services, you agree that you have read, understood, and accepted all of the terms and conditions of Cactipay.

Cactipay has the right to unilaterally change and modify terms and conditions at any time. Such changes and modifications will become effective upon publication on the Website (https://cactipay.com/policies/terms-of-service/). Accessing the Platform and using the Services constitutes your acceptance of the terms and conditions published on the Website at the moment of accessing the Platform. If you do not agree with the terms and conditions of Cactipay published on the Website, you must stop accessing the Platform and using the Services immediately. The continued use of Cactipay Services, after any amendment to these Terms, constitutes your acceptance of the amended Terms.

1. Definitions

"You / your" or "the Customer" means a natural (physical) person who has agreed to all terms and conditions of Cactipay, as well as other relevant policies, and uses the Services available on the Platform.

"Your Account" means an account created by you on the Platform. You may create only one account. By using Your Account, you agree that you will use the Services only for yourself, and not on behalf of any third party. You are fully responsible for all activity that occurs on Your Account. Cactipay may, at its sole discretion, refuse to open an account for you, or suspend or terminate any existing account.

"Your Wallet'' means your cryptoasset wallet which is generated on the Platform by Cactipay, at your request.

"Stored Cryptoassets” means cryptoassets that you store in Your Wallet. The ownership of the Stored Cryptoassets remains with you. Cactipay may not borrow, sell, transfer, loan, encumber or pledge the Stored Cryptoassets without your consent, except when Cactipay is required to do so by the relevant regulations. You bear all risks of the Stored Cryptoassets as the owner of the Stored Cryptoassets.

"Order” means (i) purchase of cryptocurrency by you from Cactipay via the Platform; or (ii) sale of cryptocurrency to Cactipay by you via the Platform; or (iii) your initiated deposit of cryptoassets to Your Wallet; or (iv) your initiated withdrawal of the Stored Cryptoassets to another public blockchain address. Each Order within the meaning of Point (i) and (ii) of the present Paragraph is a two-party transaction involving only Cactipay and you.

2. Main Principles for Provision of the Services

Cactipay reserves the right to request additional information and documents from you if required by applicable law and Cactipay’s internal procedures. If you do not provide the requested information or documents, Cactipay may limit your access to the Platform.

The list of available cryptoassets may change without prior notice.

Cactipay does not provide financial/investment advice to you. Cactipay is not a bank. Cryptocurrencies are highly volatile assets, which means their price can move from extreme highs to extreme lows and vice versa within a short period of time.

All information provided by you during the use of the Services will be treated in accordance with our Privacy Policy.

3. Processing of Orders

All Orders are processed through CACTIPAY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

Cactipay is not responsible for delays or failures in the handling of Orders arising as a consequence of any problems in the telecommunications, computer and other systems; block or closure of the accounts, freezing or holding of funds, denial of service; change of political regimes, civil strike; and actions of third parties, which are beyond the control of the Platform. An Order is considered to be completed when: (i) Cactipay makes a transfer of the required cryptocurrency amount to the cryptocurrency wallet of your choice (if you purchase cryptocurrency); or (ii) Cactipay makes a transfer of the required fiat amount to your indicated account (if you sell cryptocurrency); or (iii) you receive the required amount of cryptoassets to another public blockchain address indicated by you.

Cactipay may charge a fee for processing of the Order. You will be informed of the applicable fee before authorizing the Order.

If you provide inaccurate or false information while filling out the Order (including but not limited to a bank account number that belongs to a third party), which later proves to be the reason why the Order cannot be completed, the fees associated with the Order refund shall be borne by you.

The return of the transferred funds is not possible after the Order is completed.

If the amount of cryptocurrency received is different by more than 20% from the amount indicated in the Order, Cactipay may unilaterally reject the Order.

Due to the volatile nature of cryptocurrency markets and the fact that prices can fluctuate significantly, there may be instances where the price of cryptocurrency amount has moved between the time an Order is submitted and the time when the Order is processed. Instances like this are rare, but may happen. If the cryptocurrency amount to be sent to you differs by more than 2% between the time the Order is submitted and the time the Order is processed, Cactipay reserves the right to reject the transaction and contact you to inform you about the new amount of cryptocurrency to be paid out. You have the option to either withdraw or proceed with the transaction at the new rate.

In the implementation of the return, all commission costs for the cryptocurrency or fiat money transfers are deducted from the funds received from you.

Cactipay reserves the right to temporarily hold the funds transferred to it from you if there are attempted attacks on the server, as well as any attempts of hacking and cheating scripts of the Website. The funds will be returned to you via the same method of payment upon request.

By using the Services, you agree that the liability of the Platform is limited to the funds received from you for the execution of the Order. The Platform does not provide additional warranty and assumes no additional liability to you.

Cactipay reserves the right to refuse to process or to cancel any pending Order.

4. Liability and Indemnification

Cactipay undertakes to make reasonable efforts to ensure that Orders are processed in a timely manner, but Cactipay makes no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors beyond the control of Cactipay.

The Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied, or statutory. Cactipay does not guarantee that any Order will be accepted. You hereby understand and agree that Cactipay shall not be liable for any losses or damages arising out of or relating to: (i) any inaccuracy, defect, or omission of cryptocurrency price data, (ii) any error or delay in the transmission of such data, or (iii) interruption in any such data.

To the maximum extent permitted by applicable law, in no event shall Cactipay, its subsidiaries and affiliates, beneficiaries, owners, shareholders, members of the board, directors, representatives, attorneys, officers, managers, employees, agents, and contractors be liable for any lost profits, decrease in value or business opportunity, any loss, damage, corruption or breach of data, or any special, incidental, indirect, intangible, or similar damages, arising in connection with authorized or unauthorized use of the Website or the Services, or these terms and conditions, except to the extent of a final judicial determination that such damages were a result of Cactipay’s fraud, wilful misconduct or intentional violation of applicable law.

You agree to indemnify Cactipay, its subsidiaries and affiliates, beneficiaries, owners, shareholders, members of the board, directors, representatives, attorneys, officers, managers, employees, agents, and contractors from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages connected to (i) your use of the Services, (ii) your violation of these Terms and Conditions, or (iii) your violation of other policies, guidelines or instructions of Cactipay, or (iv) your violation of any applicable law, regulation, or rights of any third party during your use of the Services.

You acknowledge that Cactipay is not liable for actions of third parties providing investment or financial advice, investment services, or other kinds of services to you through the Platform. Cactipay strongly encourages you to use the cryptocurrency wallets under your direct control. Cactipay cannot be held accountable if you order to send the purchased cryptocurrency to a cryptocurrency wallet outside of your control.

5. Acceptable use

While using the Services, you unconditionally agree to the following:
-You will not act illegal, defamatory, threatening, intimidating, or harassing;
-You will not impersonate someone;
-You will not disguise your location through IP proxying or other methods;
-You will not violate, misappropriate, or infringe the rights of publicity, intellectual property, or other proprietary rights; and
-You will not violate any applicable law or regulation.

6. Resolution of Disputes & Applicable Law

Cactipay and you agree that any disputes arising between us shall initially be attempted to be resolved by mutual negotiations. In such a case, you shall contact Cactipay by sending an email describing the dispute to support@cactipay.com, and Cactipay shall contact you via the email that was used for registration or any other information that you provided to Cactipay in order to access the Platform.

The provisions of the Services shall be governed by and interpreted in accordance with Polish Law, and the parties submit to the exclusive jurisdiction of the Polish courts.

7. Form of the Terms and Conditions

You and Cactipay acknowledge that the digital form of these terms and conditions is legally equal to the terms and conditions executed in a written form and signed by both parties.

8. Third Parties

Cactipay may share and transfer (including cross-border transfer) personal information about you to our third party partners in accordance with our Privacy Policy, and as prescribed by applicable law.

9. Termination Policy

Cactipay reserves the right to terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.

You may terminate your account on the Platform at any time.

10. Eligibility

Cactipay prohibits the provision of the Services in certain jurisdictions (hereinafter in the text referred to as “Restricted jurisdictions”) in accordance with our regulatory obligations.

At the point of registering the account, you represent and warrant that you:
-are of legal age to form a binding contract (at least 18 years old);
-have not previously been suspended from using the Services;
-are not located in, or is not a resident of any Restricted jurisdictions; and
-will not use the Services if any applicable laws in your jurisdiction prohibit you from doing so.

Cactipay has the right to reject your Orders and freeze the Stored Cryptoassets in Your wallets if we detect that you provided us with false or misleading information regarding your eligibility to use our service.

The list of Restricted jurisdictions for the provision of the Services includes: Abkhazia, Afghanistan, Akrotiri and Dhekelia, Antarctica, Artsakh, Burkina Faso, Central African Republic, Congo (Democratic Republic of), Crimea, Donetsk People Republic, Haiti, Hawaii, Heard Islands and McDonalds Islands, Iran, Iraq, Kosovo, Libya, Lugansk People Republic, Mali, Myanmar, Nicaragua, North Korea (Republic of), Pakistan, Palestinian Territory, Somalia, South Ossetia, South Sudan, Syria, Transnistria, US Minor Outlying Islands, US Virgin Islands, USA, Western Sahara, Yemen, Zimbabwe, and geographies with unrecognized or disputed status.

11. Refund Policy

Please see the detailed refund policy here: Refunds

12. Complaints Policy

Cactipay will always strive to provide an efficient and professional service and will aim to provide prompt, courteous, and informative advice in respect of every communication received.

You have the right to complain about the Services. The complaints should be communicated to Cactipay by sending an email to complaints@cactipay.com. Cactipay undertakes to deal with each complaint and issue a response within 15 days of the initial complaint. Cactipay records and analyses all complaints to improve the Services.

For Customers from the United Kingdom, please note that cryptoasset activity is not:
-within the scope of the jurisdiction of the Financial Ombudsman Service;
-or subject to protection under Financial Services Compensation Scheme;
-or within the scope of the jurisdiction of, or subject to protection under either of the schemes referred to in paragraph (1) and (2) above.

13. Language Clause

These Terms and Conditions may be translated into other languages as well to facilitate their understanding by customers. Notwithstanding this translation, it is expressly agreed between the parties that in the event of a dispute, only the English version of these Terms and Conditions shall be binding between the parties.