Contractual conditions of the service: Contractual conditions of services: Kua Pay Exchange, S.L. (hereinafter KuapEX), with address at Calle Pujades 51-55 08005 SPAIN and with N.I.F. ,B-01593367 is the owner of the website: https://kuapex.co through which the platform is accessed.
1. GENERAL DESCRIPTION These general conditions apply to any business relationship between the customer and KuapEX, unless expressly agreed in writing. Kua Pay Exchange, S.L It is the Company responsible for the website https://www.kuapex.co, as well as for its content, whose main activity is to provide a service that allows the Client to buy and sell cryptocurrencies through the Web platform or Exchange application. These conditions must be accepted by the customer to use the KuapEX services through the website https://kuapex.co (hereinafter, URL) or through the Smartphone and Tablets application located on Google Play, App Store (onwards, APPLICATION) or for the Chrome browser in the Chrome Web Store. If you do not accept these conditions in the service request or registration process, you will not be able to use our services. With the express acceptance of these GENERAL CONDITIONS, it is understood that the customer has fully accepted the contract and, therefore, has previously read and understood each and every one of the terms, being obliged to comply with all the specifications established therein.
2. SERVICES PROVIDED BY KUA PAY EXCHANGE S.L The purpose of this agreement is to provide a cryptocurrency buying and selling service through the Exchange web platform or application, email or other channels provided by KuapEX. KuapEX will be responsible for the correct provision of services through the Application. The customer undertakes to use the platform in a responsible manner, exonerating KuapEX from any liability arising from the inappropriate, incorrect or illegal use of the web platform or application. Kua Pay Exchange S.L does not engage in any type of financial activity.
3. ENTRY INTO FORCE OF GENERAL CONDITIONS The General Conditions will come into force and, therefore, will apply to KuapEX and the Client, as soon as the following conditions are met: Having given the client compliance with them, by ticking the boxes : ;I have read and accepted the general conditions;enabled in the app.
Notwithstanding and in accordance with the provisions of article 28 of Law 34/2002, of 11 July, Information society and electronic commerce services, within a maximum period of twenty-four hours after the entry into force of the General Conditions. , KuapEX will confirm the acceptance of these General Conditions, confirming the entry into force of the contract.
6. MINORS Minors are not allowed to use the services that KuapEX provides through the web or application, therefore, any request to join KuapEX from a child under eighteen (18) years of age will be denied.
7. INFORMATION ON CRYPTOCURRENCY Cryptocurrency transactions are made directly, without the need for an intermediary. Unlike most currencies, cryptocurrencies are not supported by any government or rely on the trust of any central issuer, but use other systems to avoid double spending and reach consensus among all the nodes that make up the network. Each transaction made between Customers in your network is recorded and a digital signature is created to prevent fraud and forgery, and is permanently stored on the network. Transactions made with cryptocurrencies that can be verified through some Internet addresses, such as http://www.blockchain.info/, in principle, do not allow to identify the KuapEX client involved in a transaction, but the client needs to know that the system cannot guarantee the complete anonymity. Due to complex encryption and security procedures, counterfeiting or stealing cryptocurrencies is highly unlikely, but there is a risk that the procedures or software will fail. Payments made by the customer in cryptocurrencies are irreversible and the computer errors in legitimate cryptocurrency payments are very low, as the system performs checks to avoid it. Most payment errors are due to a human error when entering incorrect data; therefore, KuapEX is not responsible for payments that were not made at KuapEX´s address.
8. INFORMATION AND DOCUMENTATION They can make use of the KuapEX Platform or Application and, therefore, of the services available to the customer, all individuals or companies that access the website, register on the platform and provide the information requested during the registration process. Depending on the service, different levels of information will be requested in order to allow a service with more functionality for the end user, from a cell phone number and amount of the operation, in addition to first and last name, customer name and password, address email, security code sent to email, security code required for dual authentication, profession and date of birth. The type of customer will also determine the information to be requested, depending on whether it is a natural or legal person, requiring information such as ID, residence card, identity card or foreign passport, invoices, videoconference, shares, shareholder structure, accreditation of commercial activity , etc., in application of the provisions of Law 10/2010, of April 28, on preventing money laundering and terrorist financing and other applicable legislation, if deemed appropriate. Kua Pay Exchange S.L may request additional information to learn more about you as a customer or to do so through third parties. If the third party report deduces any error in the data provided, Kua Pay Exchange S.L reserves the right to unilaterally cancel the contract for the provision of services that bind them.
9. ECONOMIC AND TEMPORARY LIMITS ON OPERATIONS KuapEX customers can find information related to the limits of the services offered, as well as the price or commissions for using them, by accessing the Limits and Prices section of the website.
10. SERVICE PRICE The service provided to the customer through the kuapEX platform will generate the following fees and / or commissions, which can be consulted in the commissions and limits section of the website (): The total cryptocurrencies to be sold and which we will convert later is calculated by obtaining the current price of each cryptocurrency. This price (conversion price) is calculated based on the supply and demand on our platform. The price of KuapEX withdrawal and withdrawal services is determined by your relationships with third parties. Before changing the conditions of use of the same, KuapEX reserves the right to modify the conditions, which may affect the changes in the referred conditions in its customers. The customer can indicate to KuapEX their desire to reserve the price on a cryptocurrency purchase. To do this, you must pay for your purchase by bank transfer and notify KuapEX of payment. kuapEX will reserve cryptocurrencies until the customer’s payment arrives in the next 7 days. If after the payment deadline the customer;s money still does not reach KuapEX, the customer authorizes KuapEX to demand this payment through legal procedures, and the customer will bear the expenses resulting from these procedures.
11. DURATION OF THE CONTRACT This contract has a duration of one year from its acceptance and signature, being automatically extendable for periods of equal duration, indefinitely, unless one of the parties communicates to the other its intention not to extend. However, the customer may, at any time, request the termination of the contract.
In any case, the customer cannot terminate the contract until he has fulfilled all of his payment obligations to KuapEX.
12.2 Buying cryptocurrencies The platform allows the purchase of legal tender cryptocurrencies. The customer must enter on the web or application delivery note for bitcoin order the amount of cryptocurrencies he wants to purchase, his email and the public address of his portfolio where he wants to receive the cryptocurrencies. Then, the user will be redirected to the payment process of the selected Withdrawal media, where they must make the payment using their personal credentials. After the payment process is completed, and after the legal tender reaches KuapEX, the user will receive a cryptocurrency transfer to their wallet. KuapEX is not responsible if the destination address indicated by the customer on the purchase form is incorrect or if you are unable to manage your private key that authorizes you to operate with the purchased cryptocurrencies.
12.2.1 Purchase with bank transfer For purchases made by bank transfer, the customer must send proof of payment to KuapEX. The conversion price will be the one existing at the time of receipt and manual validation by KuapEX of the payment receipt. In all bank transfer orders, the reference and amount must correspond to the registered user and the data previously provided. Otherwise, additional information may be necessary, even if the return occurs, with the cost arising from the customer plus a fine of fifteen euros (15 euro;).
12.2.3 Purchase with card Credit and debit cards are accepted. As the card payment is made, the processing time should be a few minutes and the cryptocurrency will be sent to the address provided, within a minimum period of one hour after the payment has been successfully made.
12.3 Selling cryptocurrencies The platform allows the conversion of cryptocurrencies into legal currency. For the provision of the KuapEX service, he will buy from the Client the cryptocurrency equivalent to the money in euros that he wishes to obtain, discounting the different types of applicable costs. The web or app will automatically report the amount in cryptocurrencies that must be sent and the destination public address or wallet. If the user sends an incorrect cryptocurrency to the indicated address, KuapEX is not responsible and the cryptocurrencies will not be returned. All client cryptocurrency shipments to the KuapEX platform can be verified on the blockchain.info search engine. The customer can choose the way in which he wishes to receive the money in cash, between the sale with Halcash or Transfer, under the terms specified below. The sale will not occur if it was left out of date or less cryptocurrencies were sent than indicated. However, KuapEX can provide a personalized solution that the user must confirm by email. If the solution is not satisfactory or is not offered, kuapEX will ask the customer for an address to return the cryptocurrencies to, the customer’s account being the costs of the transaction.
12.3.2 Transfer of sale The customer must indicate the details of the bank account in which he wishes to receive legal tender money and check the informative summary of the operation before giving the order to send euros to his bank account.
12.4 Supported cryptocurrencies The list of cryptocurrencies supported by the KuapEX platform or application is detailed below: Bitcoin – Ethereum – Bitcoin Cash – Litecoin – Dash
12.5 Affiliate Program It is a program that encourages people who recommend KuapEX services to family and friends. The incentive consists of 50% of the KuapEX benefit. The invitation must be made through an affiliate link, email or registration as an agent. To benefit from the affiliate program, it is essential that the referred person register on the KuapEX website through the link provided. We recommend that the distribution of the affiliate link is correct and that the indicated people enter the link in a browsing session that accepts cookies and that the links shared by social networks, whatsapp or telegram have not been modified, showing as a summary view of the link sent . In order for the referred persons to be registered and accounted for in the affiliation panel, it is necessary to follow the process described in the following link: Why doesn’t an affiliate appear on my panel? KuapEX does not manually assign any user account to another. The customer can follow, through his Affiliation Panel, the evolution of the incentives received, calculated in euros. After reaching a minimum amount of euro; 30, you can request a withdrawal in bitcoins. The deadline for sending the funds is about 24 hours after the request. The exchange rate applied to convert euros into bitcoins is the price that KuapEX sets at the time of withdrawal.
12.6 Additional information To facilitate the understanding of the use of the services provided, kuapEX makes available to the customer through the website http://kuapex.co/support a Knowledge Base that contains additional detailed information about the registration, purchase and sale processes, as well as other information related to the affiliate program or basic cryptocurrency concepts. At the link indicated in the previous paragraph, at any time, the customer can contact the KuapEX support service to formulate the consultations he deems appropriate, selecting the option;NEW TICKET
13. OBLIGATIONS. Kua Pay Exchange S.L is committed to: a) Respond as diligently as possible to all questions that the Customer may ask arising from the use of the services included on the website. b) Provide customer service in accordance with the provisions of these conditions. c) Keep the KuapEX platform operational 24 hours a day, except for temporary interruptions due to maintenance services on the Web, technical or computer problems, such as Internet failures caused by any cause, attacks on computers and similar situations that make it temporarily impossible to service. This will be restored once the incidents are resolved. d) Notify any movement that KuapEX may consider suspicious, in order to compromise the security of the customer’s account, for further analysis. The Customer undertakes to:; a) Provide the necessary information on the forms in the cases indicated in the previous sections when making a cryptocurrency sale. b) Confirm the acceptance of these General Conditions by leaving the box checked in the application where you invite to accept the terms and conditions of KuapEX c) Communicate to Kua Pay Exchange S.L all data necessary for access and use of services that require prior identification and that must be true, current and adjusted to reality. d) Adopt the necessary security measures, both personal and material, to maintain the confidentiality of the relevant data provided by KuapEX or its partners, as well as immediately notify Kua Pay Exchange S.L of the loss, loss, theft, theft or unlawful access of your name, as well as its knowledge by third parties. e) Make appropriate use of the Services included in the KuapEX Platform, always in accordance with the legal system. f) Do not carry out any activities that hinder or interfere with the operation of the Services, included in the KuapEX Platform.
14. RESPONSIBILITY The user ensures that he understands and has the necessary knowledge to use blockchain systems and services and that he is fully aware of the risks associated with buying and selling cryptocurrencies and using the blockchain. KuapEX will not be responsible for any loss of cryptocurrencies or situations that prevent access to them, which may result from any action or omission by the Client. The customer accepts that buying / selling cryptocurrencies may involve a high risk, due to price fluctuations that may result in an increase or partial or total loss of the investment. The customer recognizes the risk involved in selling cryptocurrencies; therefore, Kua Pay Exchange S.L will have no responsibility for the losses or gains incurred by the customer when selling its cryptocurrencies . Kua Pay Exchange S.L is not a financial institution or a bank; therefore, the money that the customer withdraws from the ATM as a final transaction, since the conversion to euros by KuapEX is not deposited in this company and neither that money nor the payment through cryptocurrency that the customer makes through the KuapEX platform or application. are protected by any state fund or insurance from the Spanish government. Kua Pay Exchange S.L does not provide any type of consultancy to the client in any field, be it fiscal, economic, accounting, commercial or any other. Therefore, decisions made by the customer are made in a personal capacity.
Cryptocurrency transactions are irreversible; therefore, the customer must take the utmost precautions when making payment or providing a public address for his correct portfolio. Kua Pay Exchange S.L assumes no responsibility for failures in the Internet network or for attacking the software of any hacker that results in the loss or disappearance of cryptocurrencies belonging to the client. The customer declares to be aware of all risks arising from the possession of cryptocurrencies, thus exempting Kua Pay Exchange S.L from any responsibility for the loss of its cryptocurrencies. Any impact on the operation of banking entities will be your sole responsibility. Likewise, any incident resulting from the use of payment methods and receipt of legal tender will be the sole responsibility of the supplier. Notwithstanding the foregoing in cases where an error may occur during the cryptocurrency purchase process, the customer can contact support at http://kuapex.co/support
15. EXCLUSIONS OF LIABILITY The services offered by the KuapEX platform comply with the provisions of the Spanish legal system. KuapEX is not responsible for services that do not comply with the provisions of the legal system of other countries for which the services offered by the KuapEX Platform can be provided. KuapEX is exempt from any liability in case of improper use of the KuapEX Platform by the Client. KuapEX will not assume any responsibility for damages, losses that may suffer as a result of events that could not have been foreseen or that would be inevitable, by chance or force majeure. KuapEX is not responsible for failures, technical errors, accidents, breakdowns, manipulations, interruptions in the Service or any other incident that may arise in equipment or technical services outside KuapEX, the use of which is necessary for the provision of the Service. KuapEX will not be responsible in cases of unavailability of the Service due to force majeure or temporary suspension of the Service for technical reasons. KuapEX prohibits the purchase of cryptocurrency on KuapEX for the payment of a ransom normally requested by ransomware (such as Cryptolocker). If you find yourself in this situation, our team invites all users to contact the police and never make payment. The Client will be responsible for damages that may have been caused to third parties, for the data provided, of an enumerative and non-limiting nature, as a result of the following actions: Use of data that is not up to date, false or that does not correspond to reality. ; Use by third parties of the Customers personal keys.
16. ASSIGNMENT AND SUBROGATION Kua Pay Exchange S.L – KuapEX, if considered necessary, may assign or subcontract the contracts signed with customers with other entities to carry out the object of the contract as established in these General Conditions.
17. TEMPORARY SUSPENSION OF ACTIVITY ON THE KuapEX PLATFORM. The service can be temporarily
19. NULL OF SOME PROVISIONS If, for any reason, any provision of these General Conditions is considered void, it will not affect the remainder of the provisions of the contract that will remain in effect for the period established.
20. DATA PROTECTION. In accordance with the provisions of the data protection legislation and, especially as provided for in Law 15/1999 of 13 December, on the protection of personal data, as well as in its Development Regulation, R. Decree 1720 / On 21 December 2007, KuapEX informs that your personal data provided will be incorporated into automated files owned by KuapEX, for processing in order to provide the contracted services. All data provided to KuapEX will be treated with the confidentiality and confidentiality required by current data protection legislation, taking the necessary measures to prevent its loss, treatment and unauthorized access. The customer, if deemed convenient, can exercise the rights that the legislation grants him, access, rectification, cancellation or opposition, putting the subject of the message Data Protection, sending an email to the address firstname.lastname@example.org or sending a letter by post exercising your right to the following address: Kua Pay Exchange S.L, 51/55 Calle Pujades – 08005 Barcelona – Spain,. All data that the customer voluntarily provides to KuapEX will be collected in a file under the responsibility of KuapEX and which was previously declared at the Spanish Data Protection Agency
21. CAPITAL CAPITAL PREVENTION. Currently, kuapEX activity is not subject to Law 10/2010 on Preventing Money Laundering and Financing of Terrorism, operations or transactions with virtual currencies such as BITCOIN included in the type of Mandated Individuals that are not currently being found. mark article art. 2 of PBC Law 10/2010. However, KuapEX will voluntarily comply with current regulations on preventing money laundering and other supplementary regulations. To that end, KuapEX informs that the said regulations require, among other obligations, the documentation of its clients, the collection of information about the nature of its professional or commercial activity and the information, at the request of the Executive Service of the Commission for the Prevention of Money laundering and monetary offenses, ex officio, of any fact or operation in relation to which there is evidence or certainty that it is related to money laundering.
22. CUSTOMER SERVICE. The Customer has Customer Service so that he can contact an agent directly at the following address: http://kuapex.co/support
23. BILLING At the user’s request, KuapEX will issue a ticket and a copy for the delivery of goods and services provided in the development of its activity. E-Money License Electronic money license Your money is deposited in Pecunia Cards E.D.E., an electronic money institution regulated by the European directive 2009/110 / EC. As a European financial institution, Pecunia Cards E.D.E. It is subject to continuous supervision by the Bank of Spain and the European Central Bank.
24. INTELLECTUAL AND INDUSTRIAL PROPERTY: The KuapEX Platform, its source code and the content it houses are protected by national and international intellectual and industrial property standards. They cannot be subject to exploitation, reproduction, distribution, modification, public communication, assignment or transformation, unless there is express and written authorization from the rights holders. The design, images, labels, distinctive signs, trade name, brands, logos, products and services contained in this kuapEX Platform are protected by the Industrial Property law. Access to this KuapEX platform does not grant customers the right, nor any ownership over the intellectual or industrial property rights or the content it holds. Customers accessing this KuapEX platform may not copy, modify, distribute, transmit, reproduce, publish, sell or sell the above elements or create new products or services derived from information obtained without the express written authorization of KuapEX. Alteration of the content or structure of this KuapEX platform by the customer is strictly prohibited. KuapEX reserves the possibility to take the corresponding legal actions against Customers who violate or infringe intellectual and industrial property rights.
25. credit card 25.1 Details of the payment service provider . The payment service will be provided by Pecunia Cards
E.D.E., (hereinafter Pecunia) an electronic money institution regulated by the European directive 2009/110 / EC. As a European financial institution, Pecunia Cards E.D.E. It is subject to the continuous supervision of the Bank of Spain and registered with the number CSB 6707 and whose commercial name is PECUNPAY.
For its part, the storage of the card numbers will be managed by PayNoPain Solutions, SL, with CIF B12871216, in accordance with the conditions contracted between the User and KuapEX, being stored securely by PayNoPain Solutions, SL, through its certification of compliance with the Payment Card Industry Data Security Standard (PCI DSS – Payment Card Industry Data Security Standard).
Pecunia will be responsible for the execution of card payment operations through a Payment Gateway for the return of the amounts of the loan granted in accordance with the conditions contracted between the User and KuapEX (hereinafter, “KuapEX).
26. Authorization and order of payment operations
The user gives his consent and authorization for Pecunia to execute the payment operations derived from the contractual relationship between KuapEX and the User. Said authorization is granted when the User accepts the KuapEX contracting conditions with the loan application.
The time of receipt of the payment order will be the one in which it is received by Pecunia from the payer, regardless of whether it has been transmitted directly by the ordering User or indirectly through the beneficiary (KuapEX).
The operation begins when the card details are sent through the form enabled on the KuapEX website:
27. Execution expenses of payment operationsThe charges and credits generated by the different payment operations, as well as the interests, commissions and expenses that may arise from the service, will be paid by KuapEX to Pecunia.
The User of the payment service will not pay any expenses or bear any commission generated by the different payment operations executed by Pecunia.
28. User Support
Any claim by the User regarding the execution of the operations will be communicated by email to the attention of the KuapEX User Service.
29. Data protection In order to comply with its commercial activities and legal obligations under Law 16/2009 on Payment Services and Law 10/2010, of 28 April, on Money Laundering Prevention and Terrorism Financing, MGP needs to collect data from a character Property User personnel. Personal data collected by MGP will be treated strictly in accordance with the provisions of Organic Law 15/1999, of December 13, on Data Protection Personal Data and Royal Decree 1720/2007, of 21 December, which approves the Regulation for the development of Organic Law 15/1999, of 13 December, on the protection of personal data. The User can exercise his rights of Access,
Rectification, Cancellation and Opposition of personal data collected and processed by MGP in accordance with the provisions of the regulations mentioned above and must communicate his willingness to exercise any of these rights at the following address email@example.com
30. APPLICABLE LAW AND COMPETENT JURISDICTION This contract will be interpreted and will be governed by current Spanish law. Both parties, with express waiver of any jurisdiction that may apply, submit any interpretation or dispute resulting from this contract to the Courts and Tribunals of Barcelona.