The revision is effective as of October 01, 2021
This Terms of Services (hereinafter referred to as the "Agreement") is an electronic agreement between the User and Garantex Europe OU, a company registered and operating under the laws of Estonia under registration number 14850239, address: Harju Maakond, Kesklinna Linnaosa, Vesivärava 50-310, Tallinn 10152, Estonia, and contains the rules for operating on the Garantex Website/Platform (hereinafter referred to as the "Rules") at https://garantex.io/ (hereinafter the " Website") and terms and conditions of access to the services provided by the Website. Before starting working with the Website, a natural person who is a user of the Website (hereinafter referred to as the "User") must carefully read the described terms and conditions and accept this Agreement. If the User does not accept the Agreement and does not undertake to comply with all the terms and conditions of this Agreement, he/she should immediately stop using the Website.
The Administration of the Website reserves the right to update the text of the Agreement at its own discretion. The new version of the Agreement comes into force immediately after its publication on the Site.
The User must independently monitor new versions of the Agreement. Continuing to use the Site after the changes come into force, the User automatically accepts the new version of the Agreement. If the User does not agree with the terms of the new version of the Agreement, they should deactivate their account.
Access to the Site's services is restricted, make sure that you meet the selection criteria set out in this Agreement. At present, Garantex does not provide services to US residents or citizens..
This Agreement shall be deemed to have been accepted by the user subject to the following conditions:
2.1. The value of the virtual currency is very volatile, the value can go up or down at any time and can represent a significant risk that the User will lose money when buying, selling, conducting or investing in virtual currency.
2.2. The User must carefully examine whether trading in virtual currency is suitable for them in the light of their own financial situation and circumstances.
2.3. Garantex does not own or control the basic software protocols that regulate the operation of virtual currency; as a rule, the basic software protocols are "open source" and anyone can use, copy, modify and distribute them.
2.4. Garantex assumes no responsibility for the operation of the basic software protocols and cannot guarantee their functionality, security or availability. The User acknowledges and accepts the risk that the basic software protocols relating to any virtual currency that the User stores in their virtual currency wallet may change.
2.5. Once the withdrawal of the virtual currency has been requested from the User's account, Garantex has no possibility to cancel the transaction. The User and only the User are fully responsible for any withdrawal transaction.
2.6. BY OPENING A GARANTEX ACCOUNT USER ACKNOWLEDGE ACCEPTANCE AND UNDERSTANDING OF ALL THE RISKS ASSOCIATED WITH VIRTUAL CURRENCY.
3.1. When registering on the Platform, the User declares and guarantees that:
3.2. The User's use of the Garantex Services, Website and Platform is subject to international control requirements and economic sanctions. By sending, receiving, buying, selling, trading or storing funds on the Garantex Platform, the User agrees to comply with these requirements. The User is not permitted to make or participate in Transactions on the Garantex Platform or use any of the Services if:
3.3. Depending on the User's place of residence, there may be other factors that will limit the User in using all or part of the Services. The User is responsible for compliance with the relevant laws in force in the territory of the User's residence (registration) and/or the territory of the User's residence from which the User enters the Website and/or the Platform and/or uses any of the Services.
3.4. In accordance with European Parliament and Council Directive 2015/849 of May 20, 2015. Garantex may restrict or prohibit use of all or part of the services, or permit use of the services only after due diligence, for customers associated with the following high-risk countries/areas: Albania, Bahamas, Barbados, Botswana, Cambodia, Canada, Cayman Islands, China, Ghana, Hong Kong, Haiti, Iraq, Israel, Jamaica, Japan, Kyrgyzstan, Malta, Mauritius, Mongolia, Morocco, Myanmar/Burma, Nicaragua, Panama, Republic of Crimea, Tajikistan, Taiwan, Trinidad and Tobago, Vanuatu, Venezuela.
3.5. Garantex does not provide use of any services without any exceptions to the following jurisdictions: Afghanistan, Burma, Central African Republic, Congo-Brazzaville, Congo-Kinshasa, Cuba, Democratic People's Republic of Korea (DPRK), Eritrea, Ethiopia, Iran, Libya, Namibia, Pakistan, Somalia, South Sudan, Sudan, Syria, Uganda, United States, Yemen, Zimbabwe.
4.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, works of art and computer code, design, structure, selection, coordination and arrangement of such content contained on websites and mobile applications are owned, controlled or licensed by Garantex and protected by trademark, patent or other proprietary rights.
4.2. Garantex hereby grants the User a personal, non-exclusive license to access the Website and the Platform and allows the use of the Services solely for the User's operations under this Agreement.
4.3. The User may not use Garantex content or Services for any illegal purposes or for any other purposes not mentioned in these Terms and Conditions, or allow any third party to use Garantex services on behalf of the User and not use Garantex services on behalf of or for any third party in any way.
4.4. No part of the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial use or enterprise, without the express prior written consent of Garantex.
4.5. The User may use the information specifically provided by Garantex to view or download from our website or mobile applications, provided that such information is used only for the User's personal, non-commercial information purpose; that no changes are made to any such information; and that no additional representations or warranties relating to such information are made.
4.6. The User may not use any automatic device, program algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any part of our Websites, mobile applications or the Content or in any way reproduce or circumvent the navigational structure or presentation of the Websites, mobile applications or any Content in order to obtain or attempt to obtain any materials, documents or information by any means. Garantex reserves the right to block any such activity.
4.7. The user shall not attempt to gain unauthorized access to any part or function of the Garantex services, or any other systems or networks connected to the Garantex services or any server thereof, through hacking, "mining" passwords or any other illegal means, including the use of virtual private networks or any other mechanism that would facilitate the prohibited use/access to content or the Services.
4.8. The user must not investigate, scan or verify the vulnerability of our services or any network connected to the Garantex services, or breach security or authentication measures.
4.9. The user shall not attempt to trace any information about any other user or visitor to Garantex websites or mobile applications, including any account on non-user websites or mobile applications of Garantex, or use any service or information provided or offered by Garantex Services, including but not limited to personal identification or information other than your own, as provided by the website or platform.
4.10. The User may not use any device, software to interfere or attempt to interfere with the proper operation of our services or any transaction carried out on Garantex websites or mobile applications.
4.11. The user may not forge headers or otherwise manipulate identifiers to conceal the origin of any Garantex message or data transmission through Garantex websites or platforms.
4.12. The user may not use the Garantex services for any purpose that is illegal or prohibited by these Terms and Conditions or request any illegal activity that violates the rights of Garantex or others.
4.13. The User agrees that Garantex may, at its discretion and without prior notice, terminate access to its services and/or block future access to the User's Garantex account if Garantex finds that the User has violated the terms of this Agreement or other agreements that may be related to the User's use of Garantex services.
4.14. The user agrees that during registration on the Garantex website as well as for the general use of the services provided in accordance with this agreement, the User chooses only one currency for the wallet registered with Garantex and for the exchange between the fiat currency and crypto currency.
4.15. The user also agrees that it is prohibited to use the Account registered on the basis of Garantex for the purpose of the fiat currencies exchange.
4.16. The User also agrees that any violation of the terms and conditions of this Agreement by the User will constitute an illegal and unfair business practice and will cause irreparable damage to Garantex. Garantex reserves the right to use any legal remedy.
4.17. The User agrees that Garantex may, at its own discretion and without prior notice, terminate access to content or services, upon receipt of a request by law enforcement or other government agencies, a request from the User (self-initiated account deletion), termination or material change of services, or to eliminate a technical problem.
4.18. In the event that Garantex does take any legal action against the User as a result of the User's breach of this Agreement, Garantex will be entitled to reimbursement of such costs, and the User agrees to pay all reasonable legal fees and expenses for such legal action, in addition to any other costs incurred by Garantex.
4.19. The User agrees that Garantex will not be liable to the User or any third party for termination of the User's access to Garantex services as a result of any breach of this Agreement.
5.1. Garantex provides a platform where buyers and sellers of virtual currency can trade virtual currency and fiat currency.
5.2. In order to provide this software platform, Garantex will charge trading fees as described below.
5.3. Garantex cannot guarantee the timely provision of services as there are external factors that may affect the continued provision of services. However, Garantex makes every effort to offer a platform that operates 24/7.
5.4. Part of the Garantex service and responsibility to the User is to maintain the security of the User's account. Garantex will create an individual alphabetic line associated with the e-mail address that the User provides, a unique identifier or UID (Garantex account) for each User when registering.
5.5. Garantex will make available a unique purse address for each account, so that the User can deposit virtual currency into that account and withdraw it to an external purse of the User's choice.
5.6. Garantex acts as a custodian of the virtual currency held in the User's account on the Garantex website, and does not have access to the User's account on the Garantex website, nor are we able to initiate any transactions in or from the User's account on the Garantex website. Any transactions are the responsibility of the User.
5.7. The User represents and warrants that the User has full authority to accept the terms and conditions of this Agreement; that the User has not been previously excluded from using the services of Garantex; that the User is not a citizen or resident of any country where digital assets are prohibited by law or of any country subject to sanctions by the Foreign Assets Control Organization and/or the United Nations; that the User is not identified as a "Specially Designated Citizen".
5.8. Any misrepresentation or fraudulent use of the Garantex account shall be deemed a material breach of this Agreement.
5.9. In the event that Garantex becomes aware, or in connection with trading activities, that the purpose of the User's account on the Garantex website is fraudulent, Garantex will immediately suspend and block the User's account on the Garantex website.
5.10. Garantex reserves the right to take necessary legal measures against any party to protect the rights of Garantex, the rights of Garantex users and Garantex resources.
5.11. Garantex does not provide services in all markets and jurisdictions and Garantex may restrict or prohibit the use of Garantex services in certain countries (refer to Section 3). Garantex does not currently provide services in the United States of America ("US") or for any US resident or citizen.
5.12. Garantex may, at its discretion, limit the number of accounts that the User may hold, maintain or purchase. The User is solely responsible for the password that the User assigns to the User's account, for its security and protection from disclosure.
5.13. The User shall immediately notify Garantex if the User discovers or otherwise suspects a security breach related to the User's account on the Garantex website.
5.14. The User is fully responsible for all activities related to the use of the User's Services through their Garantex account and/or using their password, as well as for the security of the User's computer systems.
5.15. The User must not create different accounts for his/her own use; any malicious, fraudulent or otherwise misuse of our platform may result in the automatic suspension and/or termination of our Services.
5.16. The User acknowledges that he/she understands that transactions that have the nature of money laundering may be blocked.
5.17. Garantex codes (ruble codes) that are generated but not used for more than six (6) months will be blocked. To unlock the corresponding Garantex code, the User shall to contact the support service at: @garantexbot; firstname.lastname@example.org, or online chat on the site https://garantex.io/ and re-identify himself (remote KYC procedure or personal presence at the Garantex representative office) or provide additional information in accordance with the operator's requirement.
6.1. In order to enter into a contract with a User, Garantex shall request from the User personal information, which may include copies of the User's documents, photographs, contact information, proof of residence in any area.
6.2. Garantex is obliged by law to collect personally identifiable information from User as part of our Know-Your-Client (KYC) and Anti-Money Laundering (AML) and Prevention of Terrorist Financing (TF) practices.
6.3. Before crediting any receipt of funds to the User's Account, Garantex has the right at any time to request certain personal information from the User, which may include a photo of the User and/or providing a copy of the User's documents, a payment bank card, and any other document /information that Garantex deems necessary.
7.1. The User may fund his/her Garantex Account by depositing fiat currency:
7.2. The User may withdraw cash from his/her account:
8.1 Garantex charges the following fees on User transactions:
8.2 Garantex fees are charged regardless of and in addition to blockchain commissions when withdrawing relevant cryptocurrencies to wallets outside the Platform.
9.1. Buyers and sellers of digital assets conduct trading with each other, Garantex is not a counterparty to any trade that you make.
9.2. Garantex does not promise, guarantee, or otherwise, assure that the Services will be error-free or uninterrupted or that any defects will be corrected, or that the User’s use of Garantex Services will provide specific results.
9.3. The Garantex Services are delivered on an “as-is” and “as-available” basis.
9.4. Garantex disclaims all liability for events out of our control, such as transactions processed through the blockchain for a particular digital asset. The User acknowledges and accepts that any transaction made on the blockchain is irreversible, the User is solely responsible to provide the correct wallet information of taker for transfers of digital assets in and out of Garantex Services.
9.5. The User is fully responsible for the use of the Garantex Services, the User's actions, orders, transactions, documentation provided and general conduct.
9.6. By using the Garantex Services, the User expresses his or her acceptance of the risks and Garantex may assume that the User has sufficient experience and knowledge to understand the risks associated with each transaction.
9.7. In the event of an event of default, Garantex may specify a cut-off and liquidation date for all valid orders ("Cut-off Date"). On or before the Liquidation Date, the User must make any additional payments in accordance with the active orders of the User. Garantex may otherwise liquidate any open position to cover any required payments.
9.8. In the event that the User's trading activity is unusual or abnormal, Garantex, at its discretion, has the right to stop processing the User's transactions until the situation is clarified, requesting further verification, or any other necessary documentation that may be required by law or an agreement with counterparties.
10.1. Except where prohibited by law, in no event will Garantex be liable to the User for any indirect, consequential, exemplary, incidental or punitive damages, including loss of profit, even if Garantex has been advised of the possibility of such damages.
10.2. The User agrees to indemnify Garantex, its officers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries and affiliates against any claim, loss, liability, claim or expense, including legal fees, incurred by Garantex by any third party in connection with the use of the Garantex Services.
11.1. Garantex is not affiliated with, nor endorsed by any third party; Garantex does not collaborate, work in affiliation with, or otherwise in connection with any third party, including, but not limited to different services providers such as gambling, binary, forex brokers, etc.
11.2. Garantex is a company that operates independently with no affiliation to regulated or unregulated brokers.
12.1. The use and access to the Garantex Services are regulated under Estonian Law and any dispute emerging from the interpretation of these Terms of Services and/or breach of these Terms of Services with respect to the services shall be resolved via negotiation. In case negotiation fails, the User and Garantex agree to submit the controversy to the competent courts of the Estonia.
13.1. This Agreement constitutes an electronic agreement between the User and Garantex in respect of the User's use of the Services, but any other written or oral agreements previously existing between the User and Garantex in respect of such use are hereby superseded and cancelled.