Update May 2019
Please read these Terms carefully. By accepting these Terms and using our services, you agree to be legally bound by these Terms and all terms incorporated by reference. If you don’t agree with these Terms or any of its Clauses, you shall immediately cease to use our services.
1. General Provisions
1.1. These Terms regulate relations pertaining to the using of the website https://capfinex.com/(hereinafter – “Website”).
1.2. The following terminology applies to these Terms:
- “User”, “You” and “Your” refers to you, the natural person (individual) accessing the Website, using our services through the Website and accepting these Terms.
- “ChangeNOW”, “Ourselves”, “We” and “Us” refers to the company CAPFINEX.
- “Party” refers to either you or us. For the avoidance of any doubt, the contracting Parties under these Terms are you and CAPFINEX.
- “Digital Asset”, “Cryptocurrency” refer to blockchain-based software ledger data entries.
1.3. These Terms are open and public document. The current effective version of the Terms is located here.
1.4. In these Terms, unless otherwise specified, the words importing the singular include the plural and vice versa, and the words importing gender include all genders.
2. Using of Services
2.1. Using of the Website constitutes an acceptance and confirmation of your consent to be bound by these Terms, all applicable laws and regulations, and you agree that you are responsible for compliance with and that you are compliant with the applicable laws.
2.2. We provide you with the simple and convenient way to change the Cryptocurrency through the Website.
Please, note that you can change only the Cryptocurrency through the Website. You have no opportunity to trade legal tender (USD, EUR, etc.) for Digital Assets and vice versa using the Website and our services.
2.3. The Website provides non-custodial services, which means that we do not store your Digital Assets on deposits and balances.
2.4. By accepting these Terms and using the Website, you represent and warrant that:
- you are at least 18 years old and have full capacity to contract under the applicable law;
- are not located in, under the control of, or a national or resident of the prohibited jurisdictions (Section 10 hereunder);
- you are only transacting on the Website with legally-obtained funds that rightfully belong to you;
- you have not previously been suspended or removed from using the Website and our services;
- you are not furthering, performing, undertaking, engaging in, aiding or abetting any unlawful activity through your relationship with us or through your use of the Website and our services;
- you are comporting with and obeying these Terms and all applicable laws;
- you shall use the Website and our services only for the purposes related to personal non-commercial use and you do not represent any third party;
- you understand that engaging in the change of the Cryptocurrency may be risky;
- you acknowledge and agree that CAPFINEX is not acting as your broker, intermediary, agent or advisor or in any fiduciary capacity, and no communication or information provided to you by CAPFINEX shall be considered or construed as advice;
- you shall not mislead other Users and third parties during using the Website;
- you will not take any action aimed solely at causing damage to CAPFINEX or other third parties;
- you shall not reverse engineer, decompile or otherwise disassemble the Website or any CAPFINEX’s software;
- recognizing the international nature of the Internet, you accept all responsibility for compliance with all local laws and regulations relating to your actions in the network;
- you agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that CAPFINEX provides in connection with your use of the Website and our services;
- you understand and acknowledge that any delays in services are possible;
- you shall not use proxy and VPN or other software for concealing your IP-address.
2.5. The Website is accessible 24 hours per day, 7 days per week. However, CAPFINEX reserves the right, without providing notice or compensation, to temporarily suspend the Website or access to the Website in order to carry out work including, but not limited to: updates, maintenance operations and amendments to the servers, etc.
2.6. In order to protect the integrity of the Website, CAPFINEX reserves the right at any time in its sole discretion to block Users who violate these Terms.
3. AML/KYC Procedure
3.1. The Users don’t need to create accounts: you don’t need to register or log in to use the Website.
However, CAPFINEX uses an automated risk management system to check all the transactions made by the Users.
3.2. By accepting these Terms you agree to pass through the AML/KYC procedure, which may be applied to you or may be requested by CAPFINEX at any time.
3.3. During the AML/KYC procedure, CAPFINEX reserves the right to request additional information and documents, including but not limited to scan of your ID document valid in your country and additional information of the funds’ origin.
3.4. In limited cases (such as to verify your identity in order to pass the AML/KYC procedure), we reserve the right to freeze your exchange transaction for any period of time necessary to complete the investigation and AML/KYC procedure.
3.5. If you deny to pass through the AML/KYC procedure or don’t provide CAPFINEX with the requested documents and information, CAPFINEX has the right to refuse to execute your transactions (current and future).
3.6. By accepting these Terms, you agree and warrant to provide true, accurate, current and complete information about yourself and take full responsibility for its accuracy, completeness and veracity.
3.7. For more information, read the official CAPFINEX’s Rules of Anti-Money Laundering and Combating The Financing Terrorism Compliance Control here.
4. Personal Data
4.1. By accepting these Terms, you expressly allow CAPFINEX to process your personal data, export your personal data outside of the jurisdiction in which you reside or are located.
5. Prices, Exchange Rates and Confirmations
5.1. Cryptocurrency and Digital Assets are highly experimental and risky.
5.2. CAPFINEX’s conversion service attempts to provide accurate price and exchange rate information, but this information is highly volatile and can change quickly without Users necessarily being aware of these changes.
5.3. For normal orders, the exchange rate is calculated at the time your payment is accepted. It is important to note that a payment being broadcast to the blockchain network does not constitute an acceptance by CAPFINEX of that payment.
5.4. The CAPFINEX’s interest (the CAPFINEX’s remuneration for the using of its services and the Website) is included in the final rate of the User’s change transactions. You don’t need to pay additional fees directly to the CAPFINEX, unless otherwise provided by these Terms.
5.5. Please, contact the customer support (email@example.com) for more information on exchange rates and prices.
5.6. Taxes. It is your responsibility to determine what, if any, taxes apply to the changes you complete via the Website and our services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that CAPFINEX is not responsible for determining whether taxes apply to your exchanges or for collecting, reporting, withholding or remitting any taxes arising from any transactions.
6. Returns and Refund Policy
6.1. Cryptocurrency and Digital Assets are, by their nature, generally irreversible, and their exchange rates are highly volatile and transitory. We cannot be responsible for any risk in use of the Website, including but not limited to exchange rate risk and market risk. All sales and transactions after the CAPFINEX exchange are final and amount is non-refundable.
6.2. If an error occurs with a User’s exchange or interface on the User’s side of the transaction, the “Order Status” page on the Website will indicate whether or not the failed exchange will result in a refund of the User’s deposited Digital Asset or the outgoing Digital Asset to which the User was exchanging.
6.3. The Digital Asset deposited by the User can be refunded to the User if the “Order Status” page either:
- indicates the exchange failed by displaying “failed” message; or,
- indicates the exchange got stuck in “Awaiting payment” or “Ready for exchange” stages.
The rules outlined above do not apply to the cases when the deposits have already been exchanged.
6.4. The outgoing Digital Asset will be sent to the User if the “Order Status” page indicates a successful exchange by displaying “Sent to your wallet” or “Completed”.
6.5. CAPFINEX handle requests from the Users on a case-by-case basis. Any decisions by CAPFINEX with respect to refunds or exchanges are final.
6.6. In case of a positive decision, the Digital Asset will be sent either to the initial address used for the transaction or to the specified refund address.
6.6.1 If a User does not specify the refund address, the Digital Asset will be sent only to the initial transaction address.
6.6.2 In case the transaction was made on a partner’s platform(any other website, application, service, etc. other than CAPFINEX), CAPFINEX is not responsible for the refund procedure. Should this happen, a User must apply for the refund on the partner’s platform where the transaction was made.
6.6.3 In case the Users need to receive the refund to the address different from the initial address and the specified refund address (for the transaction made on www.capfinex.com or CAPFINEX app), they should file an application to ChangeNOW support service (firstname.lastname@example.org) and undergo the verification procedure.
6.7. Please, note:
- All transactions from CAPFINEX to the User’s outgoing Digital Asset wallet shall be subject to all posted fees, including but not limited to miner fees.
- The Digital Assets extraction process can take up to twenty (20) business days. If the User wishes to expedite this process, additional charges may apply.
- Unsupported Digital Assets that are deposited into our system to unrelated wallets cannot be extracted or returned. CAPFINEX reserves the right to handle this on a case-by-case basis. Any decisions by CAPFINEX with respect to such Digital Assets being deposited when no longer supported are final.
- Transactions below the minimum limits determined on the Website can not be completed.
- When the User provides a destination address, this is the only address that output funds can be sent to. Any decisions by CAPFINEX with respect to refunds in these circumstances are final.
- CAPFINEX only accepts one (1) deposit per transaction ID (TXID). If your funds are deposited in a TXID with more than one (1) deposit, you will need to contact support to receive a refund. The exchange rate will not be honored and your exchange cannot be completed.
- WARNING: There are fake websites pretending to be CAPFINEX’s Website (aka “phishing scams”). They use a misspelled URL that looks like “capfinex.com” in order to trick the Users into sending them funds. DO NOT USE ANY SERVICE THAT ISN’T EXACTLY LOCATED AT THE DOMAIN: “capfinex.com”.
CAPFINEX is not responsible for funds that have been sent to these fake phishing sites. It is important that all Users shall verify they are visiting the correct URL (capfinex.com) on their own and search for the security certificate in the URL bar of their browser.
Also, never trust private messages, solicitations or requests for funds from people claiming to be CAPFINEX unless you have verified that it is an official request from a CAPFINEX’s employee.
In case of doubt, contact us directly to verify any messaging. Stay diligent – and please report any phishing scams to our team (email@example.com).
6.8. If there are dramatic changes in the cryptocurrency market, CAPFINEX can not exchange Cryptocurrency on the fixed rate. In this case CAPFINEX shall carry out exchange transactions at the market rate or return the Cryptocurrency to the User at the choice of the latter.
The Parties agree that under “dramatic changes in the cryptocurrency market” they understand the changes in the cryptocurrency rates equal to 3% or higher in any direction.
6.9. If there are any changes in the cryptocurrency market and the User decided to take any advantages of the Website’s vulnerability, CAPFINEX can not complete the exchange transactions of such User and shall return him or her the Cryptocurrency.
7.1. You agree to hold harmless and indemnify CAPFINEX from and against any third party claim arising from or in any way related to:
- your breach of the Terms;
- your violation of applicable laws, rules or regulations in connection with the Website and our services,
including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs of every kind and nature.
7.2. In such case, CAPFINEX will provide you with written notice of such claim, suit or action; will provide you the opportunity to control the defense and/or settlement of such claim, suit or action; and will provide you reasonable assistance in such defense or settlement, upon reasonable request and at your expense.
8.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT CHANGENOW’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
8.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICE IS AT YOUR SOLE RISK AND THAT THE WEBSITE ABD SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
8.3. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHANGENOW MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE WEBSITE, SERVICES OR ANY APPLICATIONS OR EXTERNAL SITES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT CORRECTNESS, ACCURACY AND RELIABILITY.
8.4. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAPFINEX DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) DATA PROVIDED THROUGH THE WEBSITE WILL BE ACCURATE OR (D) THE WEBSITE OR ANY CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
9.1. SUBJECT TO SECTION 8 ABOVE, YOU UNDERSTAND AND AGREE THAT CHANGENOW SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, EVEN IF CHANGENOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. SUBJECT TO SECTION 8 ABOVE, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE CHANGENOW TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE 500 EUR.
9.3. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE ALLEGED LIABILITY OR LOSSES ARE BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS.
10. Prohibited Jurisdictions
10.1. By accessing and using CAPFINEX’s services and the Website, you acknowledge and declare that you are not located in, or are not a citizen or resident of Cuba, Iran, North Korea, Crimea, Sudan, Syria, United States of America (including all USA territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas)), Bangladesh and Bolivia, among with any other country subject to United Nations Security Council Sanctions List and its equivalent.
10.2. CAPFINEX maintains the right to select its markets and jurisdictions to operate in and may restrict or deny its services to certain countries.
10.3. CAPFINEX also maintains the right to use various methods to prevent the use of the Website and its services by the Users listed above. You are to comply with this Section, even if CAPFINEX’s methods to prevent use of its services and the Website are not effective or can be bypassed.
10.4. CAPFINEX may seize any funds from the Users in these jurisdictions and donate them to a charity at CAPFINEX’s sole discretion.
10.5. Use of the Website is void where prohibited by applicable law.
10.6. CAPFINEX has the right to obtain your IP-address. If the IP-address is allocated in the prohibited jurisdiction (Section 10 hereunder), CAPFINEX can deny you the access to the Website and providing services.
11. Permissible Use
11.1. Use of the Website may carry financial risk, and is to be used as an experimental software utility only.
11.2. When accessing or using the Website, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using the Website and our services.
11.3. Without limiting the generality of the foregoing, you agree that you will not:
- damage, disable, overburden or impair the functioning of the Website in any manner;
- use the Website and our services to pay for, support or otherwise engage in any illegal activities (such as illegal gambling activities, fraud, money-laundering or terrorist activities);
- use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access to the Website or to extract data;
- you shall not distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
12.1. These Terms shall enter into force for the User since the use of the Website and shall be in force for an indefinite period.
12.2. CAPFINEX reserves the right to suspend your access to the Website for any reason, including but not limited to breaches of these Terms, in its sole and absolute discretion, immediately without prior notice and without liability.
12.3. CAPFINEX reserves the right to terminate or block your access to the Website for any reason, including but not limited to breaches of these Terms, in its sole and absolute discretion, immediately without prior notice and without liability.
12.4. CAPFINEX shall not give reasons of its actions.
12.5. Upon any termination of these Terms, Sections 2 – 11, 14 – 17 shall survive.
13. Modifying the Website
13.1. CAPFINEX is constantly changing and improving the Website and its services.
13.2. CAPFINEX has right to add or remove functionalities or features to the Website, or add or create new limits for using the Website and its services at any time.
14. Governing Law and Arbitration
14.1. These Terms are governed by the laws of the Belize. These Terms are to be treated in all respects as a Belize contract.
14.2. We and you irrevocably and unconditionally submit to the exclusive jurisdiction, venue, and forum of the Belize, and all courts competent to hear appeals therefrom.
15. Links to Third Party Sites
15.1. The Website may contain links or submit access to the third parties sites and to the content displayed on such sites which is the result of intellectual activity of the third parties and protected in accordance with the applicable laws. CAPFINEX does not check these sites and the content displayed on them for compliance with the applicable laws. CAPFINEX is not responsible for any information or content displayed on such sites to which the User gets access through the Website, including, any opinions or statements expressed on such third parties sites.
15.2. The User confirms that since the User will pass to the link on the Website to the site of the third party, the relations between the CAPFINEX and the User shall terminate and the CAPFINEX is not responsible for the accuracy of the information displayed on the websites of the third parties, use the services and content of the third parties by the User, the validity of such use and quality of the services and content displayed on the third party’s sites.
16. Copyright Protection
16.1. Using the Website does not give you ownership of any intellectual property rights in the Website, any software or the content you access.
16.2. The materials contained in the Website are protected by applicable copyright and trademark laws and treaties.
17.1. CAPFINEX may revise these Terms at any time and without notice to you or third parties. CAPFINEX reserves the right to make any changes retroactive.
17.2. By using the Website, you agree to be bound by the then-current version of these Terms. Herewith continuation of the usage of the Website after making changes or amendments to these Terms means acceptance of the User of such changes or amendments, and therefore the User shall regularly monitor changes in these Terms.
18.1. CAPFINEX may transfer rights and obligations under these Terms to third parties without the additional consent of the User.
18.2. The User is entitled to assign its rights and obligations under these Terms to any third party only with prior written consent of CAPFINEX.
19. Entire Agreement
These Terms constitutes the whole agreement between the Parties and supersedes any previous arrangements or agreements between them relating to the transactions contemplated in these Terms.
20. Severance and Validity
20.1. If any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any relevant jurisdiction, such provision shall be deemed to be severed from these Terms and shall be replaced with one having an effect as close as possible to the deficient provision.
20.2. The remaining provisions of these Terms will remain in full force.
21.1. From time to time, CAPFINEX may need to spend time dealing with issues brought to us by the Users. Where any User’s issue is not caused by our negligence or oversight, we reserve the right to recover reasonable administrative costs spent addressing the User’s issue.
21.2. Except as provided otherwise in these Terms, each Party shall pay its own costs and expenses in connection with the negotiation, preparation and performance of these Terms.
22.1. Nothing in these Terms shall be construed as creating a joint venture, an agency relationship or a legal partnership between Parties.
22.2. CAPFINEX has the right to involve third parties for the fulfillment its obligations.