Legal
Terms and conditions of service
I. GENERAL PROVISIONS
This terms of use is valid from 03/01/2022.
§ 1
These Terms of Service (hereinafter referred to as the Terms of Service) set out the rules for the provision of services by electronic means by BB Trade Estonia OÜ with its registered office in Estonia at the following address: Harju County, Tallinn, Central City District, Rävala pst 2, 10145 Estonia, registered in the Register of Companies in Estonia under number 14814864 holding a license for the provision of financial services in the field of virtual currencies with number FVT000209, being the operator of the ZONDA virtual currency exchange (hereinafter referred to as ZONDA), within the zondaglobal.com website and subdomains (hereinafter referred to as the Exchange) as well as the rules of use of the Exchange by users.
§ 2
1. ZONDA’S ICT system comprises a set of cooperating IT devices and software, ensuring processing and storage as well as sending and receiving data via telecommunication networks by means of a terminal device appropriate for a given type of network.
2. The ZONDY system collects personal data of Exchange users and its processing is carried out in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC. For more information on the processing of personal data of users of the Exchange, please refer to the Privacy Policy.
3. ZONDA's provision of services by electronic means consists in providing the possibility of matching users via the Exchange in order for them to conclude transactions for the purchase or sale of cryptocurrencies available on the Exchange (hereinafter referred to as the Services).
4. ZONDA does not play on the cryptocurrency rates available on the Exchange, nor is it a so-called market maker.
5. The exchange rates of individual cryptocurrencies on the Exchange result from transactions made by users of the Exchange without interference from ZONDA.
§ 3
1. ZONDA provides Services on the Exchange to the following entities:
a. natural persons with full legal capacity who are at least 18 years old,
b. legal persons and other entities having the capacity to perform legal acts pursuant to the laws applicable to them,
who have accepted the Regulations and entered into an agreement to provide Services, in accordance with the principles described in Section III of the Regulations (hereinafter referred to as Users collectively and individually as User).
2. The provision of Services by ZONDA is done for a fee. Information on the amount of fees charged by ZONDA for the withdrawal of a given cryptocurrency and the number of required confirmations from the network when making a deposit will be generated each time in the withdrawal or deposit order panel. Other rules for charging fees are indicated in the Table of Fees and Commissions.
II. TECHNICAL CONDITIONS FOR USING THE EXCHANGE
§ 4
1. In order to use the Exchange correctly a device with access to the Internet is required that supports a web browser (e.g. Mozilla, Opera, Chrome) and the provision of Java Script and Cookies in the browser. ZONDA reserves and draws your attention to the fact that the use of an outdated web browser may cause the Exchange to function incorrectly.
2. You shall be solely responsible for ensuring technical compatibility between the computer equipment or terminal equipment and telecommunications or data communication system you use and the Exchange.
3. ZONDA updating the Exchange in case of changes related to technological changes in the Service provided, shall provide such information to the Users via email to the email address provided in the Exchange or by posting the information in a prominent place in the Exchange. A change in technical requirements shall not be treated as an amendment to the Regulations unless it results in the impossibility for ZONDA to provide the Service to the Users.
4. ZONDA reserves the right to suspend or terminate the provision of individual functionalities of the Exchange due to the necessity of maintenance, review or expansion of the technical base, if this is required for the stability of operation of the Exchange. If such a need arises, ZONDA shall make its best efforts to notify Users in advance, providing the date and time of the technical interruption.
5. ZONDA reserves the right to limit access to some or all functionalities of the Exchange due to the content of the law in force in a given territory or towards individual Users.
6. The exchange uses software technology in an accessible client-server architecture. Each client of a given cryptocurrency is an opensource multiplatform application that communicates with a given network via the Internet. ZONDA shall not be held responsible for any malfunction of a client of a given cryptocurrency.
III. MANNER AND CONDITIONS OF CONCLUDING A CONTRACT FOR THE PROVISION OF SERVICES
§ 5
1. The conclusion of the agreement for the provision of Services between the User and ZONDA takes place when the User clicks the "Register" button in the process of registering an individual account on the Exchange (hereinafter referred to as Account Registration).
2. The registration of the Account on the Exchange shall always be tantamount to the acceptance of these Regulations.
3. By accepting these Regulations, the User declares that:
a. is familiar with the risks of investing in cryptocurrencies and is aware that one element of this risk is the possibility of losing all invested funds as a result of changes in cryptocurrency exchange rates;
b. is aware that the basic danger of each Internet user, including persons using services provided by electronic means, is the possibility of taking control over the User's device or in any other way obtaining the User's data by third parties in order to take over the User's account at the Exchange, which may result, among other things, in the theft of the User's funds - the User bears sole responsibility for the above-described events and cannot make any claims against ZONDA on this account.
§ 6
1. The contract for the provision of Services between ZONDA and the User is concluded for an indefinite period of time.
2. In order to complete the Account Registration it is required to provide an e-mail address, a unique name for an individual User account as well as a User PIN number.
3. After Account Registration, in order to use the Services, each User is assigned an individual designation (hereinafter referred to as User Account).
4. Each User may have one User Account on the Exchange.
5. In order to obtain full functionality of the User Account it is necessary to identify the User by
a. in case of a User who is a natural person: providing data from the document confirming User's identity, including his first name, surname, citizenship, as well as address of residence, country of birth, information about tax residency and declaration on holding a prominent political position, telephone number, date of birth and individual identification number (e.g. PESEL) or declaration on not having such a number.
b. in case of a User being a legal person or an organizational unit: sending a scan of the extract from the Commercial Register, in which the entity is registered, data concerning the business activity conducted, a scan of the confirmation of granting the NIP No. and other national identification numbers - if a given number is not shown in the extract from the Commercial Register, as well as data from the document confirming the identity of a person authorised to represent the User, including his name, surname, citizenship and address of residence, information on tax residency, country of birth, information on the politically exposed position held, telephone number, date of birth and individual identification numbera,. or a declaration that you do not have one. The User is also required to provide the above information for all of the User's beneficial owners up to and including natural persons.
6. Furthermore, in order to verify this, the User must provide ZONDA with a document proving his/her identity by sending it as a scan or a photo in .jpg or .png format via the form on the Service. The scan/photo of the identification document must meet the following conditions: the data on the document must be clear, all edges of the document must be visible, none of the data must be obscured. The file must not contain any signs of digital processing (such as painting over an element using a graphics program). ZONDA may ask the User to upload a photo of his/her personal identification document, taken in such a way that both the User's face and the personal identification document are visible at the same time (so-called "selfie"), or contact the User by phone or video communicator (e.g. Skype, Google meet).
7. The User's address or the person representing the User may be confirmed on the basis of a photograph in .jpg or .png format, a bill (for electricity, water, gas, etc.), a contract with a public trust institution, an official letter or a bank statement or a transfer confirmation from a financial institution, on which the User's address data are shown together with his name and surname and the date of preparation, not older than 6 months.
8. In order to properly verify the User and for anti-fraud analysis, ZONDA shall be entitled to use open sources of information available on the Internet and metadata analysis.
9. ZONDA complies with European and national AML/CFT law, i.e. regulations on anti-money laundering and counter-terrorist financing, in particular Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directives 2006/70/EC (Dz. Urz. EU L 141 of 05.06.2015, p. 73), subsequently amended by Directive (EU) 2018/843 of the European Parliament and of the Council amending Directive (EU) 2015/849 of 30 May 2018 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing and amending Directives 2009/138/EC and 2013/36/EU. The User's accession to use the Services provided by ZONDA implies acceptance of the corresponding application of the above regulations.
§ 7
1. In connection with the applicable laws in Estonia, implementing the provisions contained in § 4 of the Regulation of the Minister of Finance on the requirements and procedure for identification of persons and verification of personal data by IT means, ZONDA informs that the actions taken in connection with the identification of Users and verification of their personal data are carried out on the basis of the provisions of the Law of 26 October 2017 on the prevention of money laundering and terrorist financing, in particular:
a) § 19 of the aforementioned Act regulating the obligation to apply financial security measures,
b) § 20 of the aforementioned Act regulating the scope of financial security measures,
c) Section 21 of the said Act governing customer identification in the context of natural persons,
d) Section 22 of the aforementioned Act governing customer identification in the context of legal persons,
e) Section 23 of the aforementioned Act governing the monitoring of business relationships.
2. Identification of the person of the User or the person representing the User or being his/her beneficial owner and verification of his/her identity by means of IT measures is carried out in accordance with the procedure set out in Article 31 of the Law of 26 October 2017 on AML and terrorist financing.
3. Identification of the User's person or the person representing the User or being the User's beneficial owner and verification of the User's identity does not obligate ZONDA to establish a business relationship or guarantee the availability of the Services.
4. Detailed information about User Account registration and identity verification can be found at the following link: https://zondaglobal.com/en/helpdesk/zonda-exchange/beginner/how-to-register-at-zonda. The verification may be unsuccessful if the identification data is inconsistent with the documentation made available for verification purposes and in a situation where the documents provided are in a language other than English, and also if the quality of the documents presented makes it impossible to read them or makes it difficult to verify their authenticity.
5. Identification and verification by IT means shall be considered erroneous in the following cases:
a) the natural person or the representative of a legal person has intentionally provided information that is not consistent with the personal identification data compiled with the data used in the verification process,
b) in the course of an identification, a survey or an interview, the session terminates or is interrupted or the information flow conveying the synchronised audio and video is of insufficient quality (e.g. not suitable for reading identity document data),
c) a natural person or a representative of a legal person has not confirmed the provisions of § 2 paragraphs 4 - 6 of the Regulation of the Minister of Finance on requirements and procedures for identification of persons and verification of personal data by IT means,
d) a natural person or a representative of a legal person does not comply with ZONDA instructions resulting from § 7 sections 2 and 3 of the Regulation of the Minister of Finance on requirements and procedures for identification of persons and verification of personal data using IT means,
e) an individual or representative of a legal entity uses the assistance of others without the express permission of ZONDA,
f) there are suspicions which may indicate money laundering or terrorist financing.
IV. CONDITIONS FOR THE PROVISION OF SERVICES
§ 8
1. The Services are performed through the Exchange located under the domain: zondaglobal.com and subdomains.
2. The use of the Services shall take place by logging into the User's Account in the Exchange. The use of the Exchange by means of external applications, overlays or plug-ins is done at the sole risk of the User, for which ZONDA shall bear no responsibility.
3. In order to secure the funds and cryptocurrencies stored in the User's Accounts, ZONDA uses the security measures described on the zondaglobal.com website in the "Security" tab.
4. The moment a Transaction is visible in the User's Account balance is the moment of concluding the contract of sale of the cryptocurrency between the Users. Each price indicated in an offer to buy or sell Cryptocurrency is a price originating from a User and the decision to enter into an offer to conclude a transaction on the Exchange is solely a manifestation of the will of the Exchange User. ZONDA does not guarantee and has never guaranteed a profit on the change in the exchange rate difference of a cryptocurrency.
5. ZONDA does not guarantee that the list of offers to buy or sell cryptocurrencies (so-called orderbook) displayed in the User's Internet browser window reflects its actual positions and values at all times. The display of the current rate or value of purchase or sale offers is affected by, among other things, the performance of the browser, as well as the speed and stability of the Internet.
6. ZONDA generates for each User Account individual addresses that allow for the making of deposits. Failure to make a payment to the generated address for cryptocurrencies and tokens specified in the Table of Fees and Commissions for an uninterrupted period of 6 months shall entail its irreversible deletion. The period reserved in the previous sentence will be counted from the date of address generation. It is stipulated that if the 6-month period expires before the effective date of this version of the Regulations, the addresses will be deleted within 30 days from the effective date of the current version of the Regulations. By making a payment to a generated address for cryptocurrencies and tokens listed in the Table of Fees and Commissions before the expiry of the deadlines referred to in the preceding sentences, the User assigns the address to his/her User Account. The above provision applies only to addresses to which no payment has ever been made.
7. Upon completion of the procedure referred to in paragraph 6 above, the User shall lose the possibility of transferring funds to the removed addresses. The User who makes a payment to a removed address must take into account the loss of funds transferred in this way.
8. The User may load the User Account by the methods mentioned on the Exchange website in the "Payment Methods" tab and in the instructions made available on the Exchange, with the reservation that in order to load the User Account by means of a bank transfer it is required to provide the correct title of the transfer for each FIAT currency.
9. Crediting to the User's Account made by bank transfer from a bank account not belonging to the User will be returned within 30 days at the expense and risk of the sender, to the bank account from which it was originally sent. If it is not possible to identify the sender, the return will be made to the account of the operator through which they were sent. An amount corresponding to the cost of processing the return will be deducted from the funds returned. If the amount to be returned is lower than the minimum amounts specified in the Table of Fees and Commissions displayed on the Exchange, the whole amount will be deducted as handling costs.
10. When ordering a withdrawal of funds by bank transfer the User is obliged to indicate as recipient his/her bank account from which he/she had previously made any transfer to the User Account.
11. All transfers require the name, account number and address of the account holder, as well as the title of the transfer and, in the case of international transfers, the SWIFT number. Failure to meet this requirement may result in a lack of implementation of the transfer.
12. Incoming transfers in FIAT currencies are updated immediately according to the sessions of the bank operating ZONDA, except on Saturdays, Sundays and public holidays (hereinafter referred to as Business Days).
13. Withdrawals executed in FIAT currencies are ordered for execution within 2 (two) Business Days.
14. ZONDA may make available to its Users the service of fast outgoing transfers in cryptocurrencies - "Priority". With regard to the service indicated in the previous sentence, ZONDA shall charge an individually determined fee for fast transfers. By submitting an instruction to use the "Priority" service, the User accepts the conditions proposed by ZONDA. It is the sole responsibility of the User to choose this option. ZONDA recommends extreme caution when making an instruction - the choice of the "Priority" option cannot be revoked and fees charged cannot be refunded.
15. The minimum value of a single transaction (ASK) and (BID) exchange is specified in the Table of Fees and Commissions displayed on the Exchange. Transactions of lower value may not be executed.
16. The fee for the Services provided shall be charged automatically from the User's Account at the time of registration of a given transaction.
17. ZONDA notes that cryptocurrencies do not constitute a financial instrument or an electronic payment instrument as defined by generally applicable law.
18. Money, expressed in FIAT currencies, paid by the Users for concluded transactions remains at the disposal of the User.
19. By accepting these Terms and Conditions, the User agrees that ZONDA, on its own behalf, may use funds transferred to the User's account denominated in FIAT currencies or cryptocurrencies and cryptocurrencies acquired by the User in the course of transactions made on the Exchange, without any obligation to pay the User any interest for the time during which ZONDA used such funds.
20. The User shall be obliged to protect its passwords, e-mail accounts and data necessary for logging into the Exchange, especially not to make them available to third parties.
21. The use of ZONDA’S bank accounts used to fund User Accounts, for purposes related to the User's business, as well as the pointing of these accounts to third parties as User accounts for billing purposes, is prohibited.
22. Zonda reserves that, through a statement published on the Platform and/or through communication to Users, it will declare all protocols and functionalities that complement or interact with the currencies and tokens available on the Platform in terms of their support. Lack of declaration by Zonda in this regard will mean lack of support.
23. The foregoing will include, but not be limited to: metacoin's, colored coin's, side chains, fork's, airdrop's. However, the scope of the preceding sentence is not limited to the aforementioned. Zonda cautions Users against using their User Account to attempt to receive, order, send, store or engage in any such transactions involving the ancillary protocols referred to above to the extent that Zonda has not declared its support thereof, as the Platform is not designed to detect, secure or process such transactions. Any attempted such transactions may result in loss of funds.
24. To the extent Zonda elects, in its sole discretion, to support complementary protocols in accordance with clauses 22 and 23 of the Terms and Conditions, you will be entitled to receive currencies and tokens under fork's, airdrop's and other protocols that complement or interact with currencies and tokens available on the Platform, subject to the value distributed within your User Account.
§ 9
The User is obliged to refrain from any unlawful activity in the use of the Services, and in particular:
a) use of the Services directly or indirectly for the purpose contrary to the law, the Regulations, rules of social coexistence or good manners;
b) use the Services in a manner that violates ZONDA's rights or the rights of third parties, including other Users;
c) supplying by or to the Exchange IT system data that cause a disturbance or overload of the Exchange IT system or of third parties directly or indirectly involved in the provision of the Services or that otherwise violate the law, these Rules, the welfare of ZONDA or third parties, the principles of social coexistence or good practice.
§ 10
1. ZONDA shall have the right to prevent (block) access to data entered by the User into the Exchange IT system in case of
a) receiving official notification of the unlawful nature of stored data or related activities,
b) obtain reliable information or become aware of the unlawful nature of the stored data or related activities.
2. In the case referred to in section 1 above, ZONDA shall immediately notify the User of its intention to prevent (block) access to the data. The notification shall be sent to the e-mail address or telephone number of the User indicated and confirmed at the time of registration, or in case of changes in this area made by the User after the date of registration - to the changed and confirmed e-mail address or telephone number.
3. In the event that any state authority of a member state of the European Union or any other institution established to exist on the basis of an international agreement to which Estonia is a party issues to a decision against ZONDA, which implies the obligation to retain or transfer the User's funds or cryptocurrencies to an escrow account of the aforementioned institution, the User's Account shall be suspended and the funds accumulated therein shall be transferred to the aforementioned account or their withdrawal shall be blocked until a new decision or a ruling is issued by a Court or any other state authority finally resolving the fate of the blocked funds. The same consequences shall arise from the blocking of the bank account where ZONDA's funds are deposited by virtue of any act of the aforementioned authority or institution. In this case, ZONDA shall inform the User of the reason for the blocking of access to his/her funds within 7 days from the date of blocking, provided that such notification would not constitute a violation of law. ZONDA shall be entitled to provide the aforementioned institutions with access to the User's data upon the express request of the relevant authorities or bodies and upon presentation of the relevant documents required.
§ 11
1. It is permissible to change the entity providing the Services to another entity affiliated with ZONDA to ensure that the Services continue to be provided in a manner consistent with the Terms of Service.
2. A change in the entity providing the Service will be made in a manner consistent with the law.
3. The conditions of providing the Service - in connection with the change of the entity - cannot be changed to less favorable for the Users. In the case referred to in this paragraph, the current provider of the Services ceases to be a party to the agreement with the User and ceases to provide Services to the User.
V. MANNER AND CONDITIONS OF TERMINATION OF THE AGREEMENT FOR THE PROVISION OF SERVICES
§ 12
1. The User may at any time discontinue the use of the Services and terminate the contract for the provision of Services with immediate effect under the terms of the Regulations.
2. The Service Agreement may be terminated:
a) at the request of the User with immediate effect,
b) by ZONDA, in the cases indicated in the Regulations.
3. Regardless of the termination mode, the User may withdraw all funds in FIAT currency and cryptocurrencies stored in the User's wallets available on the Exchange in accordance with the rules described in the Regulations.
4. A necessary condition for the termination of the agreement for the provision of Services by the User is the User's bringing to 0 (zero) balances on each of the User's portfolios available on the Exchange.
5. After fulfilling the condition specified in paragraph 3 above, the User may terminate the contract for the provision of Services by submitting a termination statement in electronic form to the e-mail address: [email protected]
6. Termination of the agreement for providing the Services by the User shall result in deletion of the User Account understood as blocking the possibility of logging into the User Account. In such a case, the data provided by the User shall be removed from the Exchange, unless the law provides otherwise. ZONDA reserves that after the termination of the contract for the provision of Services, it shall be obliged to store the User's account data pursuant to tax laws and laws on prevention of money laundering and terrorist financing for the period indicated therein.
7. ZONDA may temporarily stop providing the Services to the User in case of a reasonable suspicion of a serious breach by the User of the law, the Regulations, ZONDA's rights or the rights of third parties, rules of social coexistence or good morals, until it is clarified whether the breach actually occurred and whether it was significant.
8. In case of a serious breach by the User of the law, the Regulations, ZONDA's rights or the rights of third parties, rules of social coexistence or good customs, ZONDA shall have the right to terminate the contract for the provision of the Services.
9. In case of violation of the law and in the situation when the User has not been correctly identified or verified, termination of the contract for the provision of Services under section 7 above shall take place with immediate effect.
10. Subject to sub-paragraph 8 above, termination of the contract for the provision of Services under sub-paragraph 7 above shall take place upon 7 days' notice, whereby ZONDA reserves that during the notice period, the provision of Services and the functionality of the Exchange for the User whose contract for the provision of Services has been terminated shall be limited exclusively to the User's ability to make an independent withdrawal of funds accumulated in the User's Account.
11. Due to the fact that ZONDA is an entity providing currency exchange services between virtual currencies and FIAT currencies, it is obliged to comply with the legal provisions on anti-money laundering and terrorist financing, including in particular the EU provisions arising from the legal acts indicated in § 6 (9) of the Rules and the Estonian Law on Prevention of Money Laundering and Terrorist Financing of 26 October 2017. In view of the foregoing, ZONDA shall be entitled to terminate the Service Agreement in any case where the User's use of the Exchange or the Service is not in compliance with anti-money laundering and counter-terrorist financing laws or violates ZONDA's internal regulations in this regard, as described in the body of the Internal Policy.
12. In the event that the User has not been correctly identified or verified, termination of the contract for the provision of Services under section 10 above shall be effective immediately.
13. Subject to sub-paragraph 11 above, termination of the contract for the provision of Services pursuant to sub-paragraph 10 above shall take place upon 7 days' notice, whereby ZONDA reserves that during the notice period, the provision of Services and the functionality of the Exchange for the User whose contract for the provision of Services has been terminated shall be limited exclusively to the User's ability to make an independent withdrawal of funds accumulated in the User's Account.
§ 13
1. Temporary discontinuation of the Services shall restrict the User from using the Services until ZONDA clarifies whether a violation of the law, the Regulations, ZONDA's rights or the rights of third parties, rules of social coexistence or morality actually occurred and whether it was material.
2. The termination of the contract for the provision of Services with immediate effect and the expiry of the notice period shall result in the User's complete withdrawal from the use of the User Account. If there are any funds left in the User's Account, in order to withdraw them, the User must contact ZONDA's Support department via the email address [email protected] within 14 days from the date of termination.
3. The withdrawal of funds accumulated on the User's Account, both in FIAT currency and in cryptocurrency, shall be made in accordance with the User's instruction, with the reservation that the return should be made to a bank account or wallet belonging exclusively to the User, after prior identification and verification.
4. In the event that the User does not submit an instruction for the return of funds accumulated on the User Account within the period specified in section 2 above, upon termination of the agreement for the provision of the Service, the funds accumulated on the account shall become an interest-free deposit.
5. Termination of the contract for the provision of Services with immediate effect may result in the deletion of all data from ZONDA’S ICT system entered by the User, unless the provisions of law state otherwise, or the deletion of all data entered by the User from ZONDA’S ICT system is not possible due to the nature of the Service.
6. ZONDA reserves that in the event that ZONDA terminates the contract for the provision of the Services in accordance with the provisions of the Terms of Use, ZONDA will not re-establish any business relationship with the User in the future, including not entering into a contract for the provision of the Services and the ability to re-register on the Exchange will be blocked.
VI. PERSONAL DATA PROTECTION AND PRIVACY POLICY
§ 14
The rules of processing personal data used and processed by ZONDA, as well as regulations concerning privacy policy are placed on the Exchange in the content of the Privacy Policy. and Cookies Policy. Those documents constitute an integral part of these Regulations.
VII. RESPONSIBILITY
§ 15
1. The User is responsible for all actions taken after logging in to the Exchange with their login and password.
2. Your use of the Services is at your own risk, which does not exclude or limit ZONDA's liability in connection with the provision of the Services to the extent that it cannot be excluded or limited by law.
§ 16
1. ZONDA shall be liable to Users for non-performance or improper performance of the Services within the scope of the Terms of Use, unless the non-performance or improper performance of the Services is due to circumstances for which it is not legally responsible.
2. ZONDA shall not be responsible for the consequences of non-performance or improper performance of obligations to the User by other Users.
3. ZONDA is not responsible for:
a) deletion of the data entered by the Users into the Exchange IT system by the IT systems remaining beyond the control of ZONDA’S,
b) consequences of making the login and password available to third parties by the Users,
c) the consequences of the transactions carried out on the User Account, if they were ordered or carried out in compliance with the procedure of logging into the said User Account using the User's login and password,
d) effects of actions or omissions of external operators or other entities providing services to the Users as part of the implementation of individual functionalities of the Exchange,
e) delays in displaying the Exchange on the devices used by the User arising on servers other than ZONDA's servers or the devices used by the User,
f) transaction registration time when debiting the wallets of individual cryptocurrencies.
g) incorrect input of data by the User for deposit or withdrawal of funds - in case of the necessity of cancelling the operation the User will be charged with the cost of the bank commission or the operator of the service,
h) financial losses suffered by the Users resulting from the lack of possibility to enter into Transactions via the Exchange during the technical downtime,
i) Users' financial losses resulting from exchange rate differences arising when a given transaction or User Account is blocked in accordance with the Regulations or at the request of state authorities,
j) for problems or technical limitations, including the speed of data transmission of the computer equipment, the terminal equipment, the IT system and the telecommunication infrastructure used by the User, which prevent the User from using the Exchange,
k) results of the use of the Exchange by the User in the manner that is contrary to the applicable law, these Rules or the accepted principles of social co-existence or custom.
4. The Regulations shall be applied taking into account the rights of consumers under consumer laws.
VIII. INTELLECTUAL PROPERTY
§ 17
1. The ZONDA shall have the rights to the works, designations and trademarks made available on the Exchange to the extent necessary to provide the Services.
2. The works, designations and trademarks made available as part of and for the purpose of providing the Services shall enjoy the protection provided by law.
3. The User is entitled to use the works within the framework of permitted private use as provided by law.
4. Any use exceeding the permitted private use shall require the prior consent of the rightholder.
IX. COMPLAINT PROCEDURE
§ 18
1. If, in the User's opinion, the Services provided by ZONDA are not performed in accordance with the provisions of the Terms of Use, the User may file objections in the manner set forth in this paragraph.
2. A complaint may be submitted in the form of:
a) in writing to the following address BB Trade Estonia OÜ, Harju County, Tallinn, Central City District, Rävala pst 2, 10145 Estonia or
b) electronic by sending to the e-mail address: [email protected]
3. The complaint should include:
a) the name (login) under which the User appears on the Exchange;
b) the subject matter and circumstances justifying the complaint;
c) the proposed method of resolving the complaint.
4. Complaints shall be considered in the order of their receipt, but not later than within 14 (fourteen) days from the date of their receipt. In case the complaint does not contain information necessary for its consideration, the ZONDA shall request the User to supplement it to the extent necessary, and the 14 (fourteen) day deadline shall run from the date of delivery of the supplemented complaint. In justified cases, the ZONDA may extend the deadline for complaint handling by an additional 14 (fourteen) days, of which the complainant shall be informed. In case of services provided by external entities, the complaint handling time may be prolonged by the time expected to handle the complaint by a given entity, of which the User shall be informed together with the data of the entity providing the service.
5. The person lodging the complaint will be informed about the manner of processing the complaint in the form in which it was lodged.
6. The User has the right to appeal against the decision taken by ZONDA as part of the complaint. The provisions of sections 2, 3 and 4 of this paragraph shall apply accordingly.
X. SECURITY PROCEDURES FOR TRANSACTIONS
§ 19
1. In the event that ZONDA has a reasonable suspicion that a criminal offence has been committed, and in particular that the funds or cryptocurrencies involved in the transaction are the proceeds of a criminal offence, ZONDA reserves the right to block the transaction in question or the User's Account, as well as to notify law enforcement authorities and the judiciary of the suspicion. The notification shall be made irrespective of other actions taken by ZONDA itself. Until all doubts have been clarified (e.g. by re-verifying the user), or until the relevant authority has issued an order, ZONDA has the right to block the user's account.
2. In the event that ZONDA suspects or determines that the User's data in the Exchange is incomplete, incorrect, or outdated, ZONDA shall have the right to require the User to submit to a new verification procedure, as described in section III of the Regulations, or to send additional documents justified by the circumstances of the incident.
3. Acceptance of these Terms and Conditions is equivalent to the User's consent to ZONDA's possible re-verification of the User as referred to in paragraph 2 above.
4. In case of doubts regarding the origin of the funds or cryptocurrency being the subject of the transaction, if these doubts are not removed, and if a repeated verification procedure of the User does not lead to the establishment of the User's identity, or if there is still a doubt as to whether the declaration of intent made by the User regarding the transaction is not affected by a defect, ZONDA shall refuse to carry out the transaction.
5. If, in the case referred to in paragraph 1 above, any cash or cryptocurrency has been accepted by ZONDA, ZONDA may block the execution of the transaction by depositing the cash or cryptocurrency, in the blocked User Account, in ZONDA's escrow account or in a court depository until it is legally determined who the owner of the cash or cryptocurrency is by the authorities appointed for that purpose.
6. Upon the reasonable request of a bank or other financial institution, in the event it suspects that a criminal offence may have been committed, ZONDA may block the execution of transactions by depositing cash or cryptocurrency, in a blocked User Account, in a ZONDA escrow account, or in a court escrow account until it is legally determined who the owner is.
7. In the event that the ZONDA itself establishes beyond any doubt who the owner of the cash or cryptocurrency is, the ZONDA shall itself give instructions for the return of such funds to the owner.
8. In case of suspension or blocking of transactions, ZONDA shall immediately inform the parties to the transaction.
9. Subsequent execution of the transaction after its prior suspension or blocking of the User's account, or the return of the funds after the transaction has been suspended or blocked, due to actions resulting from the User's violation of the Terms and Conditions or ZONDA's actions based on the provisions of the Terms and Conditions (e.g. the need to carry out a procedure for re-verification of the User) does not entitle the User to make any claims against ZONDA on any grounds whatsoever, and in particular in terms of lost benefits.
10. The procedures set out in this section also apply in a situation where the User carries out transactions for third parties. In such a case the User's verification, in addition to the procedure described in section 2 above, may consist in particular in requesting the User to provide data allowing full verification of third parties for whom transactions are carried out, in accordance with the provisions of section 2 above, and to prove the authorisation to carry out transactions for these parties.
11. In the case referred to in paragraph 10 above, the provisions of this paragraph shall apply accordingly.
12. If necessary, without the need to obtain the User's consent, ZONDA shall transfer to the authorities referred to in section 1 above the data in its possession regarding the User's identity, both that indicated by the User himself, obtained in the verification procedure referred to in section 2 above, as well as other information about the User's activity in the Exchange.
XI. APPLICABLE LAW
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1. The contract between the User and ZONDA, the object of which is the services provided by ZONDA on the Exchange under the terms of the Terms and Conditions, shall be governed by the laws of the Republic of Estonia.
2. Any disputes relating to the Services provided by ZONDA shall be resolved by the competent common courts.
3. A User who is a consumer shall have the possibility to use an out-of-court complaint and redress procedure. Information on how to access the aforementioned mode and dispute resolution procedures can be found, among others, on the EU online ODR platform, available at the following address: http://ec.europa.eu/consumers/odr/.
XII. AMENDMENTS TO THE REGULATIONS
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1. ZONDA shall be entitled to amend the Terms and Conditions at any time and such amendment shall become effective on the date indicated by ZONDA, provided that the effective date of the amendment to the Terms and Conditions may not be shorter than 7 days from the moment the amended Terms and Conditions are made available to the User. The User shall be informed about changes to the Regulations by an e-mail sent to the e-mail address assigned to his/her User Account.
2. If the User does not accept the changes to the Terms and Conditions, in order to terminate the contract, the User should immediately notify ZONDA, in writing or by e-mail to: [email protected]
3. An amendment to the Table of Fees and Commissions or the Payment Methods does not constitute an amendment to these Terms and Conditions.