These general terms and conditions (hereinafter referred to as “GTC”) are entered into between :
– on the one hand, Ouinex Trading sp. z o.o., a limit liability company with share capital of PLN 5,000, having its registered office at ul. Młyńska 16, 8th floor, 61-730 Poznań, registered in the register of entrepreneurs of the National Court Register operated by the District Court for Łódź Śródmieście in Łódź, XX Commercial Division of the National Court Register under the KRS number 1016723, with NIP tax identification number 7252327968 and REGON number 524329591, contact e-mail address: support@ouinex.com (hereinafter referred to as “Ouinex” or the “Company”)
– on the other hand, a natural or legal person (hereinafter referred to as the “User”), acting as a professional or consumer, who (i) visits or uses the Ouinex website published by Ouinex and accessible at the url address https://ouinex.com/ (hereinafter referred to as the “Site”) and/or (ii) uses the Services offered therein as defined in the “Definitions” article of these GTC.
Ouinex operates as a digital asset service provider (“DASP”). Indeed, Ouinex’s business involves the custody of digital assets, the purchase or sale of digital assets in fiat currency, the exchange of digital assets for other digital assets and the operation of a digital asset trading platform.
Within the above scope Quinex as DASP provides the following services within the scope of virtual currencies:
a) exchange between virtual currencies and means of payment,
b) exchange between virtual currencies,
c) intermediation in the exchange referred to in letters a or b,
d) maintaining accounts referred to in paragraph 2 item 17 letter e of the Act on Combating Money Laundering and the Financing of Terrorism (the consolidated text Journal of Laws of 2023, item 1124, hereinafter “AML Act”) i.e. being electronic collections of identification data ensuring that authorised persons have the ability to use virtual currency units, including conducting transactions for their exchange.
As such, Ouinex is registered as a VASP (virtual asset services provider) entered into the Virtual Currency Business Register under the number RDWW-629 on 8 February 2023.
Ouinex and the User are hereinafter individually referred to as a “Party” and together referred to as the “Parties”.
1 Definitions
In addition to those defined elsewhere in these GTC, capitalized terms have the meanings set out below, whether in the singular or plural.
o Digital asset: a virtual currency in accordance with Article 2 Section 2 Point 26 of the AML Act being a digital representation of value that is not:
a) legal tender issued by the National Bank of Poland, foreign central banks or other public administration bodies,
b) an international settlement unit established by an international organisation and accepted by individual countries belonging to or cooperating with that organisation,
c) electronic money within the meaning of the Act of 19 August 2011 on payment services,
d) a financial instrument within the meaning of the Act of 29 July 2005 on trading in financial instruments,
e) a bill of exchange or check and that is exchangeable in economic transactions for legal tender and accepted as a means of exchange, and may also be electronically stored or transferred or may be the subject of electronic trade;
Or a “token” which is payment token, utility token or investment token within the meaning of the Position of the Polish Financial Supervision Authority on the issuance and circulation of crypto-assets of 10 December 2020; for the purpose of these GTC deemed as intangible asset representing, in digital form, one or more rights that can be issued, registered, stored or transferred by means of a shared electronic recording device enabling the owner of said asset to be identified, directly or indirectly.
o Blockchain: refers to the technology that enables the representation and transmission of digital assets, in particular, and makes it possible to keep track of transactions involving these assets.
o Order Book: refers to the table published on the Ouinex Platform which displays in real time the state of supply and demand for each Digital Asset by aggregating information from the Liquidity Providers’ order books. When an order awaiting execution matches another order (i.e. when a bid and a ask match), it is executed and exits the order book.
o Storage: refers to the Service enabling the User to store in one (or more) Wallet(s) the Digital Assets obtained through a Deposit, Exchange or Purchase Transaction, as well as the public/private keys enabling Transactions to be carried out on said Digital Assets. Custody is ensured by the Exchange Platform, with the collaboration of its technology service provider Fireblocks Ltd, a company incorporated under the laws of Israel, whose registered office is located at 25e floor, Yizhak Sade 8, Tel Aviv, 6777508, Israel, as technical service provider. However, the Company remains responsible to the User for the preservation of the Digital Assets and Fireblocks acts only as a technological service provider.
o Personal Space: refers to the User’s personal space (or account) on the Site, accessible by the User via the Site using his/her Identifiers. Users’ Personal Spaces are an integral part of the Site.
o Transaction Fee: means an amount in fiat currency or Digital Assets owed by the User to Ouinex (unless otherwise stipulated in these GTC that such Fees are owed to a third party) for the provision of a Transaction Service. These Transaction Fees vary according to the nature of the Transaction, the amount of the Transaction and the type of Digital Asset. Transaction Fees include Fees for Purchase Transactions, Fees for Sale Transactions, Fees for Exchange Transactions, as well as Deposit Fees and Withdrawal Fees.
o Liquidity Provider: refers to third-party trading platforms enabling Ouinex to access the liquidity of these platforms in order to ensure the execution of orders placed by Users on the Exchange Platform. Ouinex uses the services of a brokerage firm to centralize settlement and clearing operations and to access Liquidity Providers.
o Intervention Fee : means an amount in Fiat or in Digital Assets owed by the User to Ouinex (unless it is specified in these GTCs that these fees are owed to a third party) (i) in respect
of a particular intervention by Ouinex such as the management of an erroneous or incomplete Order or a Transaction that has not been completed due to the User, or (ii) for any intervention by Ouinex that is necessary or requested by a User and that is related, in whole or in part, directly or indirectly, to an error by the User, for example in the use of the Services, or to the User’s failure to comply with these GTC, or (iii) for any other reason mentioned in the GTC. The amount of the Intervention Fee corresponds to a percentage of the amount of an Order or Transaction, or to a fixed amount, depending on the situation.
o Withdrawal Fee / Deposit Fee: means an amount in Fiat or Digital Assets owed by the User to Ouinex (unless it is specified in these GTCs that such fees are owed to a third party) for a Transfer Operation, i.e. Withdrawal / Deposit of Digital Assets from / to a Wallet. These Fees include the costs associated with such registration on the relevant Blockchain (cf. costs associated with the validation, by the computer systems of the relevant Blockchain, of the transfer operation, i.e. Withdrawal or Deposit, of Digital Assets).
o Identifiers: refers to the personal identifier and password pair enabling access to the User’s Personal Space and use of the Services within the limits of the rights granted to the User.
o $OUIX Tokens: refers to the utility tokens issued by the Company whose main functionalities are (i) the reduction of Transaction Fees, (ii) the “OUINEXPERT” reward program (iii) the governance of the Platform (improvement of user experience, products, services, etc.).
o Minimum Limits: refers to the minimum quantity of Digital Assets, or the corresponding value in fiat currency equivalents where applicable, enabling a Transaction to be carried out. Minimum Limits refers in particular to the minimum quantity that must be bought, sold, exchanged, withdrawn or deposited by the User in order to carry out a Purchase, Sale, Exchange, Withdrawal or Deposit Transaction.
o Maximum Limits: refers to the maximum quantity of Digital Assets, or the corresponding value in fiat currency equivalents where applicable, allowing a Transaction to be carried out. Maximum Limits refers in particular to the maximum quantity that can be bought, sold, exchanged, withdrawn or deposited by the User as part of a Buy, Sell, Exchange, Withdrawal or Deposit Transaction.
o fiat currency: legal tender managed by the National Bank of Poland and controlled by the Republic of Poland and any other government or central bank-issued national or supranational currency or other monetary obligation denominated in such currrency that is not a Digital asset.
o Transaction: refers to any transaction carried out at the User’s request via his or her Personal Space and involving digital Assets. These Operations include :
– Purchase Transaction (or Purchase): means the Transaction by which the User exchanges a defined sum of fiat Currency for a quantity of Digital Assets.
– Sale Transaction (or Sale): means the Transaction by which the User exchanges a defined quantity of Digital Assets for a defined sum of fiat Currency.
– Exchange Transaction: means the Transaction by which the User exchanges a defined quantity of Digital Assets for other Digital Assets.
– Deposit Operation (or Deposit): means the Operation by which the User transfers Digital Assets into a Wallet from an external Wallet.
– Withdrawal Transaction (or Withdrawal): means the Transaction by which the User transfers Digital Assets held in one Portfolio to another external Portfolio.
o Ceiling: refers to the maximum value of Operations that can be carried out by the User over a given period. Unless otherwise specified, the Ceiling is calculated on a sliding year basis, and with regard to the cumulative value of all Operations carried out over the said period in PLN or EUR equivalents.
o Exchange Platform: refers to the online digital Asset exchange platform known as “Exchange”, developed, made available, maintained, updated, operated and administered by Ouinex, accessible via the Site.
o Wallet: means an electronic wallet opened by Ouinex, through its technology provider Fireblocks, on behalf of a User and containing the User’s Digital Assets. This Wallet contains the Digital Assets held by Ouinex and owned by the User and originating from the User’s Deposit or Purchase.
o External wallet: refers to an application (or wallet), made available by a third party to a User, within which Digital Assets are held, and over which Ouinex has neither visibility nor control.
o Price (of a Digital Asset): refers to the value of a Digital Asset A, expressed in PLN, EUR, or in another fiat currency or in the value of another Digital Asset B, according to supply and demand and in particular according to supply and demand on all Digital Asset exchange platforms (cf. on the Digital Asset “market”), and updated almost in real time. Thus, by default, Ouinex cannot indicate the Price of a Digital Asset in advance, nor can it guarantee the future Price of a Digital Asset or the stability of this Price over time. The Price of a Digital Asset at a given moment is indicated on the Site, but this indication does not prejudge the Price of said Digital Asset when a Transaction is carried out.
o Services: refers to all the services offered to Users via the Site, as defined in the article “Description of Services”. The Services are an integral part of the Site.
o Simplex: refers to UAB Nuvei, a Lithuanian company with its registered office at Lvivo g. 37-101, LT-09307 Vilnius, Lithuania, registered under the number 304445876 acting as a partner of the Company for Purchase and Sale Operations carried out on the Platform. However, the Company remains liable to the User for this Service. Simplex is authorized to provide payment services (onramp) in Poland on the basis of a passporting notification (date of notification of the PFSA, 4 July 2018) and provides payment services
on the basis of the terms and conditions under the link: https://www.simplex.com/terms-of-use/payment-terms.
2 Object
Ouinex has developed the Site in order to present the Services it offers and, in particular, to make the Exchange Platform available to Users via its interface.
The Site is also intended to provide Users with information enabling them to discover Ouinex’s activity, its news (events, publications, etc.) as well as tutorials designed to guide them in using the Site. It also offers functionalities and/or information enabling Users to contact Ouinex.
The purpose of these GTC is to define the conditions of access to the Site, as well as the conditions of use of the Site and the online content and functionalities offered. The present GTC are also intended to govern the provision of Services to the User in return for the User’s compliance with the obligations and guarantees stipulated in the present GTC.
It is specified that these GTC are the only contractual documents binding on Ouinex, to the exclusion of any other document (prospectus, summary information document, video supports, presentation of Services, information on digital Assets, etc.) which are only indicative and non-contractual, and to the exclusion of any other possible conditions of service, sale or purchase by the User, which may in no way be binding on Ouinex.
3 Acceptance and enforceability of the GTC
All Users accessing the Site are required to read and comply with these GTC, which can be accessed and downloaded from the “General Terms and Conditions” section on all Site pages.
The GTC may also be communicated by the company by e-mail or on paper at the User’s request to support@ouinex.com.
The User formally accepts these GTC when creating his Personal Space. The User will also receive a copy by e-mail to the e-mail address provided when creating his/her Personal Space.
Ouinex reserves the right to adapt or modify these GTC at any time and without prior notice in regards to the User being professionals. Any new version posted online shall prevail over and replace any previous version, notably printed or saved in digital or paper format by the User. It is therefore the User’s responsibility to consult and regularly review these GTC. The applicable version of the GTC is the one accessible online during the User’s visit and use of the Site.
In any event, Users who have a Personal Space will be informed of the entry into force of new GTC by e-mail to the e-mail address provided when creating their Personal Space, and will be invited to read them. When a User is a consumer such user may at its own discretion either accept such changes on the rules set hereunder or terminate the agreement within 14 days on the rules set under these GTC.
Carrying out Operations and/or logging on to your Personal Space and/or using the Site and/or Services (even if this is merely a consultation) implies acceptance of the current GTC. Therefore, for each Transaction carried out or each Service used, the User is subject to the GTC in force at the date of completion of said Transaction or use of said Service. The User is advised to save the GTC
in force on the date of use of each Service and/or completion of each Transaction, notwithstanding the archiving rules implemented by Ouinex.
Users who do not wish to accept the new GTC may terminate the GTC and delete their Personal Space, in accordance with the conditions set out below.
The User declares and acknowledges that he/she is at least 18 years old and that he/she has full legal capacity to enter into these GTC.
These GTC are concluded for an indefinite period and have no expiry date.
Pre-contractual information. The User acknowledges that he/she has taken cognizance of the nature, purpose and characteristics of the Site and Services, as well as the prerequisites necessary for their use, in particular the conditions relating to the creation of a Personal Space. The User acknowledges that he/she has requested and obtained all the information he/she required, in particular concerning the quantitative and qualitative characteristics of the Services, enabling him/her to assess the suitability of the Services for his/her needs and to enter into the GTC with full knowledge of the facts. The User is solely responsible for the choice to use the Site and the Services, as well as to carry out Transactions, and Ouinex has no responsibility in this regard and cannot be prosecuted in any way in this respect.
At the latest at the time the User being a consumer expresses his or her will to be bound by the contract, Ouinex informs the consumer on durable medium in a clear and understandable manner, indicating the intention to conclude the contract and corresponding to the type of means of distance communication used, about:
1) the name, address of registered office of Ouinex, the body that registered Ouinex business activity, as well as the number under which Ouinex was registered, and in the case where the entrepreneur’s activity requires obtaining a permit – data concerning the institution granting the permit;
2) name and surname (name) and address of residence (registered office) in the Republic of Poland of Ouinex representative, if any;
3) the name and surname (name), address of residence (registered office) of an entity other than Ouinex providing financial services at a distance, including an operator of means of distance communication, and the capacity in which this entity acts towards the consumer and this entrepreneur;
4) essential characteristics of the service and its subject matter;
5) the price or remuneration including all their components, including fees and taxes, and in the event that the exact price or remuneration cannot be determined – the basis for calculating the price or remuneration enabling the consumer to verify them;
6) the risk associated with the Digital asset services, if it results from its specific features or the nature of the activities to be performed or if the price or remuneration depends exclusively on price movements on the financial market;
7) the principles of payment of the price or remuneration;
8) the costs and the time and manner of providing the service;
9) the right and manner of withdrawal from the contract referred to in art. 40 sec. 1 and 2 of the Consumer Rights Act (consolidated text Journal of Laws of 2024, item 1796 “CRA”), or an indication that such a right does not apply, and the amount of the price or remuneration that the consumer is obliged to pay the price or remuneration for the service actually provided in the case specified in art. 40 sec. 4 CRA, namely in the event of commencement of provision of services with the consumer’s consent before the expiry of the deadlines to withdraw,
10) additional costs incurred by the consumer resulting from the use of means of distance communication, if they may occur;
11) the period in which the offer or information on the price or remuneration are binding;
12) the minimum period for which the contract for continuous or periodic services is to be concluded;
13) the place and manner of filing complaints;
14) the possibility of out-of-court settlement of disputes arising from the contract;
15) the right to terminate the contract, referred to in Article 42 CRA, and the effects of such termination, including contractual penalties or lack of such right;
16) the existence of a guarantee fund or other guarantee systems, if any;
17) the language used in the Ouinex relations with the consumer;
18) the applicable law of the country that forms the basis for the entrepreneur’s relations with the consumer before the conclusion of the distance contract and the law applicable to the conclusion and performance of the contract;
19) the court competent to resolve disputes related to the performance of the contract.
In addition, the User is aware that the provision of Services may be subject to the User’s acceptance of the terms and conditions or other contractual documentation of one or more third parties, insofar as the User may be required to contract directly with third-party entities.
4 Description of Services
4.1 Services available without creating a Personal Area
The home page (https://ouinex.com/) and certain pages of the Site are accessible to all Internet users. The purpose of these pages is to provide Users with information enabling them to discover Ouinex’s activity, its news (events, publications, etc.) as well as tutorials designed to guide them in the use of the Site and Services.) The Site also offers functionalities and/or information enabling Users to contact Ouinex.
However, certain pages of the Site and certain Services are only accessible to Users who have previously created their Personal Space.
4.2 Services available subject to the creation of a Personal Area
In order to benefit from and use the Services described below, the User must create a Personal Space, in particular in accordance with the stipulations of article “Creation of a Personal Space” of these GTC.
4.2.1 Access to and use of a Personal Area
When accessing the Site and after creating a Personal Space in accordance with the stipulations of the article “Creating a Personal Space”, the User is granted access to the said Personal Space.
The Personal Space allows (i) the updating of part of the User’s information, (ii) the use of the Services accessible subject to the creation of a Personal Space and (iii) secure access to the User’s personal home page, the market interface, the interface for viewing the User’s various balances, as well as the User’s Transaction history and the volume of Exchange carried out by the User in Bitcoin, EUR or PLN equivalents over one or more determined periods.
4.2.2 Access to and use of Portfolios
The User who has a Personal Space has a Wallet which Ouinex (using the Fireblocks company) keeps. This Wallet is used to store digital Assets deposited and purchased by the User and to carry out Transactions on digital Assets.
Each Wallet is assigned an address, represented by a sequence of alphanumeric characters, or even special characters, generated from the calculation of a public key and a private key. Each address is generated automatically when the Wallet is created, is unique and has no time limit. Its purpose is to enable the storage and transfer to/from a Portfolio of digital assets (in the same way as an e-mail address must be created in order to send or receive an e-mail message).
In this respect, it is specified that the User cannot know and has no access to the private key of his Wallet. The User therefore has no “direct” access to his Wallet (and therefore to his Digital Assets). Only Ouinex can initiate transactions and consequently move digital Assets, whether by Buying, Selling or Withdrawing digital Assets. Therefore, the User expressly waives the right to benefit from such access insofar as he entrusts the security and management thereof to Ouinex, within the framework of the Preservation Service provided by the latter and from which he benefits (see the description of this Preservation Service below in the article “Benefits of the Preservation Service”).
The User’s attention is drawn to the fact that he/she cannot directly deposit Digital Assets on the Portfolio created for him/her by Ouinex. In order to deposit Digital Assets on the Exchange Platform, after being approved (i.e., Ouinex performs a transaction verification of the external wallet in order for Ouinex to add it to its Whitelist of validated addresses) the User must select the Digital Assets he wishes to deposit (e.g., USDT) and the Blockchain network supported (e.g., ERC 20) before being provided by Ouinex with the address of the Deposit Wallet. Consequently, the fact that the User makes a mistake in the Portfolio Address communicated for the deposit or in the information communicated, or uses an external Portfolio Address different from the one added on the Whitelist exposes the User to the loss of the Digital Assets concerned by the Transaction in question, without any possibility for Ouinex to solve this problem, for which Ouinex cannot be held responsible.
The User is hereby informed that although most types of Digital Assets are accepted on the Site, some may not be. The list of digital Assets accepted on the Site is available at https://ouinex.com/trading-currencies/ and may change at any time. It is the User’s responsibility to check it regularly.
4.2.3 Conservation service benefits
A Preservation Service for the digital Assets held within the User’s Portfolio as well as the related private/public keys (via the MPC (multi-party computation) technology mechanism allowing the
concept of a single private key to disappear, the latter never being held in its entirety in order to avoid the existence of a single point of failure) is technically provided by Ouinex, through its partner Fireblocks, which the User expressly acknowledges and accepts.
However, the Digital Asset Preservation Service is considered to be legally rendered by Ouinex, with the result that the latter assumes responsibility towards the User for any direct prejudice suffered by the latter resulting from Ouinex’s failure to comply with its contractual obligations towards the User under the Preservation Service.
The Company reminds you that it uses the services of the technology provider Fireblocks (as this term is defined in article 1 under “Conservation”) and that any failure on the part of this provider shall in no way exempt the Company from its responsibility to the Customer for this Service.
With a few exceptions :
– the creation of a Personal Space and a Portfolio automatically implies that the User benefits from the Conservation Service;
– no fees are charged by Ouinex or Fireblocks for the Conservation Service.
This Preservation Service is therefore characterized by the control, on behalf of its Users, of the means of access to their Digital Assets, and Ouinex therefore has the ability to move these Digital Assets. In addition, the Retention Service is designed to enable Users to consult their Portfolios and, in particular, the quantity and value of the Digital Assets held.
Ouinex may not be held liable for the User’s inability to access his/her Digital Assets due to one of the cases for which it is indicated in these GTC, in particular in the article “Availability of the Site and Services”, that Ouinex may not be held liable.
Digital Assets held in Safekeeping may, at any time, be the subject of Sale, Exchange or Withdrawal Transactions under the conditions set out in these GTC (in particular provided that these Transactions are proposed for the Digital Assets concerned, i.e. held in the User’s Portfolio and within the correct balance).
4.2.4 Operations
4.2.4.1 Access to a service enabling the completion of Purchase Transactions (cf. purchase of Digital Assets using fiat Currency, also commonly referred to as “fiat / crypto exchange”) or Sale Transactions (cf. sale of Digital Assets against fiat Currency, also commonly referred to as “crypto / fiat exchange”).
The User may, from his Personal Space, carry out Purchase Operations on various Digital Assets in order to add to his Portfolio. As a reminder, a Purchase Transaction consists of the possibility for the User to exchange a defined amount of fiat Currency for a quantity of Digital Assets.
Users cannot withdraw or deposit fiat currency on the Exchange Platform.
Despite the impossibility of depositing sums in fiat currency via the Platform, the Company allows Users to purchase Digital Assets by bank transfer or credit card, through a payment service provider (“PSP”), namely Simplex.
Purchase Transactions are carried out via Simplex, which routes the Purchase order to a liquidity provider who carries out the transaction directly with the User. During a Purchase Transaction, the User buys digital Assets directly from a liquidity provider. The Digital Assets acquired are directly transferred to the User’s Portfolio once the transaction has been completed.
The Company states in these GTC that it uses a service provider as defined above, and that any failure on the part of this service provider shall under no circumstances release the Company from its liability to the Customer for this Service. Service for which it remains responsible.
It is specified that only the types of Digital Assets offered on the Site in the https://ouinex.com/trading-currencies/ section may be purchased on the Exchange Platform through Simplex.
The User may also, from his Personal Space, carry out Sale Transactions relating to the various Digital Assets he holds on the Exchange Platform. As a reminder, a Sale Transaction is an operation whereby the User exchanges a defined quantity of Digital Assets for a defined sum of fiat currency. The Sale Transaction is technically operated by Ouinex.
For a Sale Transaction (crypto / fiat exchange), the proceeds in fiat currency will be directly transferred to the User’s bank account.
The User who wishes to carry out a Purchase or Sale transaction must follow the procedure proposed on the Site, and must in particular :
– verify that the service offered corresponds to its needs (in particular with regard to the typology and operation of the services offered, the types of Digital Assets that may be the subject of a Purchase or Sale Transaction, the means of payment accepted, the contractual conditions of the services offered, the exchange rates and the amount of commissions associated with the services, etc.), for which it guarantees Ouinex; and
– accept all the general conditions of use and provide the information required by an external service provider when this is necessary for the provision of the Services.
In the event that the User has made an error, in particular concerning bank details during a Sales Transaction, Ouinex may intervene to attempt to recover the funds, and in general in the event that the User requests Ouinex to intervene in the event of an error, intervention costs will be payable by the User to Ouinex in accordance with the stipulations set out in the article “Financial Conditions”, whether or not the intervention has resolved the User’s request.
Ouinex shall in no way be held responsible for the consequences, in the context of a Purchase or Sale Transaction, of the delay in sending and receiving funds (fiat) to the User’s bank account or the delay in receiving funds by Ouinex in the case of a Purchase, as these operations are carried out by a duly authorized external payment service provider.
Similarly, Buy or Sell transactions may be subject to minimum or maximum Limits, or Ceilings, which in some cases may prevent the User from carrying out certain transactions.
The User expressly accepts these risks and acknowledges that Ouinex may not be held liable in this respect, in particular in the event that the User is unable to proceed with a Sale or Purchase Transaction of certain of his Digital Assets, for example due to the choice not to list or accept certain Digital Assets or due to any Minimum Limits that may be set (cf. so-called “liquidity” risk).
The User’s attention is also drawn to the fact that Buy and Sell Transactions may be subject to an exchange rate and to fees or commissions, as a result of which :
– in the event of a Purchase Transaction, the value of the Digital Assets actually acquired is necessarily less than the equivalent in fiat Currency actually paid by the User;
– in the event of a Sale Transaction, the amount in fiat Currency obtained by the User is necessarily less than the equivalent in Digital Assets actually withdrawn from his/her Wallet;
which the User expressly accepts, it being specified that it is the User’s responsibility to familiarize himself/herself with the financial conditions of Purchase and Sale before proceeding with such a Transaction and that the User acknowledges that Ouinex cannot be held liable in any way in this respect.
Finally, the User undertakes not to attempt to carry out a Sale Transaction involving a value of Digital Assets greater than that actually held in the Portfolio concerned by the Sale.
4.2.4.2 Exchange transactions (also commonly referred to as “crypto / crypto exchanges”)
The User may carry out Exchange Transactions involving different Digital Assets as offered on the Site and under the conditions set out in these GTC. These Exchange Transactions are operated by the Exchange Platform and require as a prerequisite that the User already has digital Assets on the Exchange Platform, whether by means of a prior Purchase or Deposit Transaction.
Carrying out an Exchange Operation involves the following steps:
– transfer digital assets to the exchange balance if necessary ;
– Issuance by the User of an offer to buy or sell (hereinafter referred to as an “Order”). This Order must be expressed as a quantity of one type of Digital Asset that the User wishes to exchange (cf. “sell”) and one type of Digital Asset that the User wishes to obtain in exchange (cf. “buy”). The Price of the Digital Assets concerned by the Exchange Transaction and the associated Exchange Transaction Fees are displayed to the User prior to the validation of his Order, it being specified that the Exchange Transaction Fees are a function of a variety of criteria specified in the https://ouinex.com/fees/ section such as the type of Digital Assets, the volume of activity or exchange in Bitcoin equivalent over a given period or the possession of tokens issued by Ouinex, the $OUIX tokens;
– update of the User’s Personal Space and balance to include total or partial execution of the Order.
A User may only offer for exchange digital Assets that he holds on the Exchange Platform.
The User has several options regarding the Order he wishes to issue:
o the User may opt to place a “Limit” Order, i.e. for a “limit” value. In this case, the User himself sets, for a type of Digital Asset to be exchanged for another type of Digital Asset, the quantity and the Price per unit that he wishes to offer for exchange (cf. “sell”) or obtain in exchange (cf. “As long as the so-called “limit” value has not been reached, the Order cannot be executed, and may even never be executed if the so-called “limit” value set by the User does not fall within “reasonable” or “coherent” market limits. The User is informed that the “Limit” option is particularly aimed at Users used to this type of Transaction;
o the User may opt to place a “Market” Order, i.e. at “market” value. In this case, the User selects the type of Digital Asset he wishes to offer for exchange (see “Sell”) and the amount he wishes to exchange, as well as the type of Digital Asset he wishes to obtain in exchange (see
“Buy”). This exchange will be made at the Price set by the market, i.e. set at a given moment T according to the free play of supply and demand, subject to sufficient liquidity, i.e. subject to there being sufficient offers to buy and/or sell to execute the User’s Order (if there are few offers to buy and/or sell, no Order can be executed for lack of sufficient offers). Users wishing to carry out a “Market” Exchange Transaction are informed that, given the particularly high volatility of digital Assets, their Price may vary at any time. Therefore, the User acknowledges that the Price displayed to the User when placing an Order may be different from the actual Price when the Order is executed, insofar as this Price depends on the market (see explanations above).
o the User may opt for a Stop Order: this is a type of Order to buy or sell a digital asset at the market price, which is automatically executed when the price reaches the stop level. When the price reaches the stop level, the Stop Limit Order becomes a Market Order to buy or sell;
o the User can opt for a Trigger Range Order: this is an Order that is set according to the same approach as the Trigger Threshold Order. This is the price level at which an asset must be bought or sold. However, instead of being automatically executed at the market price when the stop level is reached, the Trigger Range Order creates a Limit Order to buy or sell an asset at a given price.
A partially executed Order remains in progress until it is fully executed or cancelled in accordance with the conditions set out below.
An Order can only be cancelled by the User when it is still being executed (i.e. before the Order has been executed). Once an Order has been executed, it can no longer be modified, revoked or cancelled. Any unexecuted part of an Order (i.e. in the process of being executed) may be cancelled as long as the Order has not been fully executed.
An Order can only be issued if the User has a sufficient quantity of Digital Assets in his Portfolio for the execution of the said Order.
In all cases, the Costs associated with the Exchange Operation will be deducted in accordance with the conditions set out in the “Financial Conditions” article of these GTC.
The history of Exchanges made by the User is available on his Personal Space after a reasonable processing and management period.
The User’s attention is drawn to the fact :
– that in the absence of sufficient offers on the market, some Orders may not be executed;
– Exchange Transactions may be subject to Minimum or Maximum Limits, or Ceilings, which in some cases may prevent the User from carrying out certain Transactions.
The User expressly accepts these risks and acknowledges that Ouinex cannot be held liable in this respect.
4.2.4.3 Depositing digital assets
The User may carry out Deposit Transactions on his account on the Exchange Platform provided that the Digital Assets concerned are accepted and under the conditions set out in these GTC.
With certain exceptions, the Deposit of Digital Assets into the User’s Wallet is not subject to any fees charged by Ouinex via the Exchange Platform, it being specified, however, that the User or
any other person at the origin of the transfer of Digital Assets to his Wallet will have had to pay the costs associated with the registration of the said transfer on the Blockchain concerned.
The User undertakes to receive in his or her Portfolio, via a Deposit Operation, only Digital Assets acquired by him or her in a legal manner, of which he or she is the full owner and of which he or she has full disposal, and which are not the result of fraudulent or illicit activity (e.g. money laundering, financing of terrorism or illicit or illegal activities, etc.). In all cases, Ouinex will not be liable for the actions of the User in connection with the deposited Digital Assets, in particular with regard to the manner in which the User obtains or uses said Digital Assets.
The User who wishes to carry out a Deposit Transaction must first be approved (i.e., Ouinex verifies the transactions of the external Wallet so that Ouinex can add it to its Whitelist of validated addresses). The User must then select the Digital Assets he wishes to deposit (e.g., USDT) and the Blockchain network supported (e.g., ERC 20) before being sent the address of the deposit wallet by Ouinex. The User does not transfer the Digital Assets directly to the Wallet opened by Ouinex for him, but to a separate deposit wallet apartment at Ouinex, which then handles the internal transfers.
Ouinex shall not be held liable for any damages to the fullest scope provided by law in the following cases:
– an error made by the User, for example, in the communication or use of the Portfolio Address to be used for the execution of the Transaction (e.g.: erroneous address), the User acknowledging that such an error may result in the loss of the Digital Assets that are the object of the Deposit Transaction, without Ouinex being able to resolve this problem and without the User being able to hold Ouinex liable in this regard;
– Deposit by the User of a type of Digital Asset that is not accepted on the Site, the User acknowledging that he/she is then exposed to the loss of the Digital Assets that are the object of the Deposit Operation, without any possibility for the User to engage Ouinex’s liability in this respect.
– in the event of a deposit from an Address that is not on the Ouinex Whitelist.
In the event that Ouinex is able to intervene in an attempt to recover said Digital Assets, and in general in the event that the User requests Ouinex to intervene in this context, Intervention Fees will be payable by the User in accordance with the stipulations set forth in the article “Financial Conditions”, whether or not the intervention has resolved the User’s request.
In addition, Deposit Operations may be subject to Minimum or Maximum Limits, or Ceilings, which in certain cases may therefore prevent the User from carrying out certain Operations, which the User accepts, without Ouinex being held liable in this respect.
Ouinex shall in no event be liable for any delay in the transfer of Digital Assets to or receipt of Digital Assets in the Depository Portfolio.
Upon receipt of the Digital Assets transferred to the Deposit Portfolio, this transfer may be temporarily or permanently blocked, particularly in the event of suspicion of fraudulent or illicit activities, and the communication of additional information or documents may be requested before the Deposit Operation is validated (for example: nature of the External Portfolio from which the transfer was made, name of the person or entity owning the External Portfolio from which the transfer was made, etc.). In any event, the User authorizes Ouinex to carry out the necessary investigations and verifications, either directly or through a third party, in order to ascertain the identity of the User or the person responsible for the deposit, and more generally for the purposes
of preventing and combating illicit or fraudulent activities. In this case, Intervention Fees will be charged to the User in accordance with the stipulations of the “Financial Conditions” article.
Once the Deposit Operation has been validated, the deposited Digital Assets will be added to the User’s Portfolio after a reasonable processing and management period.
4.2.4.4 Digital asset withdrawal operations
The User may carry out Withdrawal Operations on Digital Assets held by Ouinex under the conditions set out in these GTC.
In order to carry out a Withdrawal Transaction, the User must first transfer the desired Digital Assets to the main balance. The User must then indicate the type of Digital Asset he/she wishes to withdraw, the Address of the External Wallet to which he/she wishes to transfer the withdrawn Digital Assets and the amount of the Withdrawal, i.e. the quantity of the said Digital Asset that the User wishes to withdraw in order to transfer it to an External Wallet.
Each Withdrawal Transaction incurs a Withdrawal Fee to cover the transaction costs associated with the transfer of Digital Assets out of the Portfolio, under the conditions set out in the “Financial Conditions” article of these GTCs. These Withdrawal Fees include the costs of validating transactions on the Blockchain concerned, which may fluctuate significantly depending on various parameters (for example, due to network congestion). The User must pay the applicable Withdrawal Fee prior to any Withdrawal Operation.
The amount actually transferred to the relevant External Wallet corresponds to the Withdrawal amount indicated by the User (see amount withdrawn from the User’s Wallet) minus the Withdrawal Fee.
The User may not withdraw an amount greater than the quantity of Digital Assets present in the Portfolio concerned by the Withdrawal and allocated to the main balance. Furthermore, he/she must not attempt to do so.
In addition, Withdrawal Operations may be subject to Minimum or Maximum Limits, or Ceilings, which in certain cases may therefore prevent the User from carrying out certain Operations, which the User accepts, without Ouinex being held liable in this respect.
The execution of a Withdrawal Transaction may be temporarily or permanently blocked, in particular in the event of suspicion of fraudulent or illicit activities, as well as to request additional information or documents before validating the said Transaction (e.g.: nature of the Portfolio or External Portfolio to which the transfer is made, name of the person or entity owning the Portfolio or External Portfolio to which the transfer is made, etc.). In any case, the User authorizes Ouinex to carry out the necessary investigations and verifications directly or through a third party in order to ascertain the identity of the User or of the person initiating the Withdrawal or intended to benefit from the Withdrawal, in particular and more generally for the purposes of preventing and combating illicit or fraudulent activities.
Furthermore, any Withdrawal Operation in progress can only be cancelled by the User as long as he/she has not validated the Withdrawal. The User must validate the Withdrawal within the time limit indicated on the Withdrawal page, failing which the Withdrawal will be cancelled. Any subsequent Withdrawal attempt will be subject to a new Withdrawal Fee. In the event of cancellation of the Withdrawal Operation for any reason whatsoever, the User is hereby informed that the Withdrawal Fee applicable to said Withdrawal is in no way guaranteed and is liable to change without delay.
Any Withdrawal Operation not validated within the time limit indicated by the Site cannot be effectively carried out and will therefore be cancelled in its entirety. Any error (e.g.: the address of the external wallet to which the User wishes to transfer the digital assets withdrawn is incorrect, or corresponds to a type of digital asset different from the type of digital asset involved in the Transaction) or any failure to comply with the instructions communicated, in particular in these GTCs or on the Site (e.g.: the amount of the Withdrawal exceeds the quantity of the said digital asset in the main balance from which the Withdrawal is made, the amount of the Withdrawal does not comply with the Minimum Limits, Maximum Limits or a Ceiling, etc.) may result in the Transaction being cancelled and a Withdrawal Charge applied.) may result in the cancellation of the Transaction, and an Intervention Fee will be levied/billed to the User in accordance with the stipulations set out in the “Financial Conditions” article.
The User is solely responsible for correctly communicating (i) the Address of the External Wallet to which he wishes to transfer the Digital Assets withdrawn and (ii) the choice of the correct Blockchain to proceed with the said Withdrawal.
Ouinex shall not be held liable for any error made by the User, for example, in the communication or use of the external Portfolio Address to be used for the execution of the Transaction (e.g.: incorrect address or address corresponding to a different type of Digital Asset than the type of Digital Asset involved in the Transaction): The User acknowledges that such an error may result in the loss of the Digital Assets involved in the Withdrawal Transaction, with no possibility for Ouinex to resolve this problem and with no possibility for the User to hold Ouinex liable in this respect.
In the event that Ouinex is able to intervene in an attempt to recover said Digital Assets, and in general in the event that the User requests Ouinex to intervene in this context, the User will owe Ouinex an Intervention Fee in accordance with the stipulations set forth in the article “Financial Conditions”, regardless of whether or not the intervention resolves the User’s request.
Upon validation of the Withdrawal by the User, the quantity of Digital Assets corresponding to the amount of the Withdrawal is immediately withdrawn from the User’s account and this amount, after deduction of the Withdrawal Fee, is transferred to the External Wallet whose Address has been provided by the User, within a reasonable processing and management time that does not depend on Ouinex but on the operation of the Blockchain concerned (e.g. network congestion, applicable verification measures, etc.). Ouinex shall therefore in no way be held responsible for the delay in transferring Digital Assets to the External Wallet concerned, or for the delay in receiving said Digital Assets on said External Wallet. Once the Withdrawal has been validated by the User and the Withdrawal amount has been deducted from the Withdrawal Wallet, the Withdrawal is deemed to have been made.
The history of Withdrawals made by the User is available on his Personal Space after a reasonable processing and management period.
4.3 New Services
Ouinex may expand its range of Services by including new services on the Site, whether these services are accessible to all Users or only through the User’s Personal Space. These new services are deemed to be an integral part of the Services as defined in the “Definitions” article herein and will be governed by these GTC. Unless otherwise indicated, the new Services may be used by the User as from their effective availability on the Site, subject, where necessary, to the prior creation by the User of a Personal Space.
4.4 Service development Without prejudice to the consumer’s right provided for in pt 3 of these GTC, Ouinex may, at any time and without notice, modify, add to, develop, improve or adapt the Site and Services, and more generally the services offered, with a view to improving the functionalities offered on the Site or as
part of the Services. This may involve, in particular, the deployment of update(s), new version(s), or adjustments or modifications to existing functionalities. The User must, where applicable and insofar as possible, ensure that he/she adapts his/her IT resources to changes to the Site and Services in order to benefit from them in the best possible conditions.
Furthermore, it is also specified that, insofar as certain evolutions, updates, new versions, modifications, etc. may be deployed in particular with a view to ensuring the continuity of operation of the Site and Services, the User may not refuse the evolutions, updates, new versions or modifications deployed by Ouinex.
In addition to the possibility for Ouinex to make certain changes to the functionalities offered on the Site or within the framework of the Services, Ouinex may also be required, at any time and without prior notice, to discontinue certain Services. In the event of the permanent deletion of one or more existing Service(s), Ouinex will make its best efforts to notify Users of this change with reasonable notice and provide them with alternative solutions (e.g. alternative operations, transfers to a third-party service, etc.).
In the event of definitive deletion of all Services, Ouinex or the User may terminate the present contract under the terms and conditions set forth in the article “Termination”.
4.5 Assistance
Ouinex provides technical support to provide information or assistance to Users regarding the technical aspects and functionalities of the Site and Services.
The User remains the sole master of his or her choices, and in particular of the choice to use the Services. In particular, technical support does not deal with requests relating to the appropriateness of using the Services, and does not provide financial or strategic advice of any kind.
This support is accessible by chat on the Site, 7 days a week and 24 hours a day. Ouinex will make its best efforts to respond to the User’s request as quickly and appropriately as possible. However, Ouinex makes no commitment whatsoever as to any response time, nor as to the relevance or exhaustiveness of the content of the response, nor as to the fact that the response provided will effectively resolve the User’s request or provide a solution thereto.
Furthermore, Ouinex does not provide any brokerage services for Digital Assets and does not provide any advice regarding the use of the Services or, more generally, the execution of Transactions involving Digital Assets. No information provided by Ouinex should be construed as investment advice, financial advice, strategic advice, commercial advice, or any other type of advice.
Unless otherwise specified in these GTC, Transactions are carried out solely on the basis of instructions communicated by the User, with Ouinex never verifying their relevance, interest or quality. Thus, as a reminder, the User is solely responsible for determining whether a transaction, transaction strategy or business strategy or the execution of an Operation is adequate or appropriate according to his personal objectives, financial situation and risk tolerance, and the User will be solely responsible for any partial or total loss or damage, injury or liability arising therefrom. The User is advised to consult professionals specializing in financial, legal or tax advice before entering into any Transaction involving Digital Assets.
5 Terms of use of the Site and Services
5.1 Access to the Site and Services
The User must equip himself with the appropriate telecommunications equipment to enable him to access the Site, his Personal Space and the Services. The User shall be responsible for the technical access to the Internet enabling him/her to access the Site and benefit from the Services, and in particular for taking out the electronic communications subscriptions necessary for these purposes, the related costs not being borne by Ouinex. More generally, all costs relating to access to the Site and the Services, whether hardware, software or Internet access costs, are the sole responsibility of the User, and the User is solely responsible for the proper functioning of his or her computer equipment and Internet access (and for the effectiveness, efficiency and speed of such access).
The User undertakes to use the Site’s functionalities, the Services and all the content to which he may have access only for purposes that comply with the regulations in force, and in particular with public order, morality and the rights of third parties. Ouinex cannot be held responsible for the User’s use of the Site and Services, particularly in the event of a breach of the provisions applicable to the User.
Furthermore, the User acknowledges that it is his/her responsibility to use the Site and Services in good faith and not to damage the brand image, reputation or notoriety of Ouinex or its partners in any way whatsoever.
5.2 Content quality
The Company undertakes to provide clear, accurate and non-misleading information in its communications with Users.
However, the content (such as information, elements, documents in any form whatsoever, in particular texts, figures, images, etc.) provided and/or distributed on the Site is provided for information purposes only.
However, the content of the Site should not be considered as authoritative, nor as a substitute for the User’s personal judgment, and should not be relied upon as the sole basis for any decision made by the User.
Should the User become aware of inaccurate content or content likely to infringe the rights of a third party or to violate a regulatory or legislative provision, he/she is invited to report this by e-mail to support@ouinex.com.
5.3 Link
Users may not establish a link (including redirections) to the Site without the express prior authorization of Ouinex. Any such request for authorization must be sent by e-mail to support@ouinex.com. Under no circumstances may this authorization be considered as an implicit affiliation agreement. In any event, links to the Site must be removed at Ouinex’s first request.
Ouinex reserves the right to set up links on its Site giving access to Internet sites, web pages or applications other than those on the Site, and to redirect Users to other sites, web pages or applications. Users are formally informed that the sites, web pages or applications to which they may have access via these links do not belong to Ouinex, which moreover reserves the right to remove the said links proposed by its Site to a third-party application or site should the latter in particular become contrary to the regulations in force or to its values. Ouinex cannot be held responsible for access by Users via the links set up on the Site to third-party sites or other resources
present on the Internet network, nor for the content of the information provided by these third-party sites or other resources by virtue of the activation of the said links.
5.4 Availability of the Site and Services
Ouinex strives to provide a quality service and to enable the User to use the Site and Services under the best possible conditions. In principle, the Site and Services are available 7 days a week, 24 hours a day. However, Ouinex is not bound by an obligation of result, but only by an obligation of means, and does not guarantee the availability, optimal operation or speed of the Site or Services, nor their permanent and continuous accessibility.
The User is hereby informed and accepts that access to the Site and/or Services may be delayed, altered, prevented or interrupted as a result of, in the cases listed below:
– force majeure ;
– a technical problem or difficulty related to the operation of (i) the Internet and/or a Blockchain ;
– the unavailability or randomness of access to computer systems, applications, websites or platforms used by Ouinex’s partners (e.g. Liquidity Providers, KYC (Know Your Customer) or KYT (Know Your Transactions) service providers) or other computer systems, applications, websites or platforms used by Ouinex and/or its partners to provide the Services;
– the unavailability or loss by the User of his Identifiers to access his Personal Space;
– an illicit, malicious or unfortunate act (including acts resulting from the action of “cybercriminals” or “hackers”, logical or other attacks such as computer viruses, malicious programs, etc.), the purpose or effect of which is to damage the computer systems, applications, websites or platforms of the User, Ouinex, the latter’s partners (including KYC (Know Your Customer) service providers or KYC (Know Your Customer) service providers).), the purpose or effect of which is to damage the computer systems, applications, websites or platforms of the User, Ouinex, the latter’s partners (including KYC (Know Your Customer) or KYT (Know Your Transactions) service providers) or the platforms used by Ouinex or its partners to provide the Services.
In addition, the company reserves the right to close access to all or part of the Site and/or to suspend the performance or supply of all or part of the Services in the event of the occurrence of one of the aforementioned hypotheses or in the event of endangerment or threats to its human resources (e.g. members of its staff, internal or external consultants or other persons – members of staff or internal or external consultants – working for Ouinex or for an entity of the group of companies to which Ouinex belongs) or to its technical resources of any nature whatsoever.
For scheduled maintenance operations, Ouinex will make its best efforts to inform the User in advance. However, the Site may, without prior notice or compensation, be temporarily closed, and access to or functionality of the Site or Services may be limited, in particular in order to carry out technical, operational or other interventions necessary for their proper functioning (e.g.: test operations, maintenance, control, resolution of possible breakdowns, operational modifications or changes, evolutions, etc.), an update, the deployment of a new version or any other operation deemed necessary by Ouinex.), an update, the deployment of a new version or any other operation deemed necessary by Ouinex or its partners (including KYC (Know Your Customer) or KYT (Know Your Transactions) service providers), which the User accepts.
Ouinex may not be held liable for any interruption of the Site and/or Services due to one of the events mentioned in the present article “Availability of the Site and Services”.
5.5 Technical conditions and preservation of the Site and Services
The User declares and acknowledges that he/she has the technical competence to use the Site and Services. In this respect, the User warrants that he/she has the knowledge and skills necessary for proper use of the Site and Services, including in particular the Personal Space, enabling him/her to use the functionalities offered by the Site and Services in accordance with the legal and/or regulatory provisions applicable to him/her.
The User also undertakes to take the appropriate measures to ensure the security of his/her own equipment and/or data and/or content and/or software from contamination by any viruses, malicious code or any other harmful technologies or logical infections, and to ensure that no such viruses are introduced into the Site.
The User undertakes not to interfere with the proper functioning of the Site or Services, and not to commit any act that may jeopardize the computer security of the Site or the computer systems of other users of the Exchange Platform (whether or not they are Users), Ouinex or any of the latter’s partners (including KYC (Know Your Customer) or KYT (Know Your Transactions) service providers). In particular, the User undertakes not to use devices or software of any kind which would disrupt, interfere with or interrupt the normal operation of the Site or Services, or which would impose a disproportionate load (in terms of hosting volume, bandwidth, etc.) on the Site.
The User also undertakes not to extract, for commercial purposes or for purposes not expressly authorized, all or part of the information or data present on the Site, and not to use a robot, in particular a crawler or spider, software, an automated system, a script, a program, an application for searching or retrieving Internet sites, or any other means making it possible to extract or index all or part of the content of these applications. In particular, crawling, scraping and screen scraping are expressly prohibited.
The content of the Site may not be downloaded, collected, copied, altered, modified, deleted, distributed, transmitted, broadcast, rented, sold, conceded, exploited, in whole or in part and in any manner whatsoever, without the express, prior and written consent of Ouinex.
The Site is an automated data processing system. The same applies to Personal Spaces. The User is prohibited from fraudulently accessing or maintaining all or part of the Site or a Personal Space that is not his or her own. The User is prohibited from using any access method other than the interface made available by Ouinex. If such a method is discovered, or if the User inadvertently enters a reserved area (for example, another User’s Personal Area) without authorization, the User undertakes to inform Ouinex immediately by e-mail at the following address: support@ouinex.com so that Ouinex may take any measures it deems necessary.
Ouinex reserves the right to bring any action or claim necessary to prevent, stop and punish any infringement of the Site, Site content, Personal Space or Services, including legal proceedings, without prior notice.
The User is solely liable to Ouinex or its partners (including KYC (Know Your Customer) or KYT (Know Your Transactions) service providers) for any damages resulting from access to and use of the Site, the Personal Space and the Services.
Any breach by the User of the provisions of the present article constitutes a serious breach liable to result in the termination without notice of the GTC to the exclusive detriment of the User and the definitive prohibition of the User from accessing and using the Site and Services.
5.6 Framework for use of the Services
The User must, at all times when using the Site or Services, act in compliance with applicable laws and regulations (in particular with respect to tax and/or social security declarations that must be made in connection with the performance of certain Operations and for which he/she is solely responsible), as well as in compliance with the indications, information and communications of Ouinex as communicated in particular through the present GTC or on the Site or via the User’s Personal Space. In this respect, it is specified in particular that the User is obliged to take all steps required for his tax obligations (such as, for example, but without this being exhaustive, the declaration of his capital gains) and social obligations, and that Ouinex in no way takes such steps on behalf of Users.
Furthermore, the User undertakes not to disrupt, negatively affect or prevent the use of the Site or Services by any other user (whether or not a User).
The User is prohibited from using the Site or the Services to engage in or participate in practices whose purpose or effect is market manipulation (such as wash trading, cross trading, spoof trading, front running, sell wall, dark pool, pump-and-dump, etc.) whether or not such practices are expressly prohibited by applicable laws and regulations.
The User is also prohibited from using or exploiting the Site or Services to conduct or participate in money laundering, pyramid schemes or any other risky or illegal operations.
Furthermore, any commercial use and/or exploitation of data, in particular market data, obtained or accessed or made available through the Site and/or Services is prohibited, as is any copying, extraction, etc. of said data.
The User grants Ouinex and Ouinex’s partners (including KYC (Know Your Customer) or KYT (Know Your Transactions) service providers permission to temporarily monitor the Digital Assets in the User’s Portfolio or held on the Exchange Platform when necessary for the provision of the Services.
Any breach of the provisions of the present article by the User constitutes a serious breach likely to result in the termination without notice of the GTC to the exclusive detriment of the User and the definitive prohibition for the User to access and use the Site and Services.
The User is informed that Ouinex may voluntarily disclose information and data associated with or generated by the User to law enforcement agencies in any country or jurisdiction without the need to request or seek prior authorization from the User.
5.7 General principles applicable to Services
5.7.1 General restrictions
The Services are accessible to the User who has a Personal Space validated by Ouinex and which has not been the subject of, or is not subject to, a suspension, sanction, restriction, limitation, termination, closure or deletion procedure.
In addition, Ouinex reserves the right, for the purposes of deciding whether a Service or Operation may be performed by a User, to request specific additional information and/or documents from said User.
Furthermore, Ouinex reserves the right, without prior notice and without entitling the User to compensation, to refuse to execute a Service or Transaction requested by a User, to cancel a Transaction requested by the User or to suspend the use by a User of the Services or one or more specific Services, in particular in the event of a breach by the User of its obligations or commitments
under these GTC, or if Ouinex considers that there is sufficient evidence to suggest that the User may be in breach of its obligations and commitments under these GTC, or in particular :
– in the event of detection of unusual or suspicious activity on the User’s Personal Space, or suspicion of the User’s identity;
– in the event of detection or reporting of unauthorized access to the User’s Personal Space;
– if requested to do so by a competent authority (request, court decision, ongoing investigation, etc.);
– if the User fails to provide any additional information or documents requested by Ouinex;
– in the event of inappropriate behavior and/or misconduct by the User (insults, threats, violence, etc.).
Ouinex also reserves the right, in particular with a view to preventing fraud and combating illicit or fraudulent activities, to impose Limits or Ceilings on a User on a personal basis under the conditions set out below, and/or to restrict or limit the use by the said User of certain Services.
These restrictions may be lifted by Ouinex if the latter considers that the causes and reasons that led to their implementation have disappeared, subject to the User providing any information and documents that may be requested by Ouinex. In addition, Intervention Fees may be levied/invoiced to the User in accordance with the stipulations of the “Financial Conditions” article.
5.7.2 Restrictions due to the digital assets available for a given Service
The User may carry out Operations on various digital Assets as offered/accepted on the Site. The list of digital Assets accepted on the Site is available at https://ouinex.com/trading-currencies/ and is subject to change at any time without notice. In the event of the definitive withdrawal of a Digital Asset from the Site, Ouinex will make its best efforts to notify Users of this change with reasonable notice and to allow the User to carry out Sale, Withdrawal or Exchange Operations on said Digital Assets.
In addition, not all Services are open to all types of digital Assets offered on the Site, but some are only open to the types of digital Assets identified as such on the Site. Thus, certain Services may only be usable subject to the use of certain types of Digital Assets. The User must therefore, via his or her Personal Space and more generally via the Site, ascertain which digital Assets he or she may use for the Services he or she wishes to use, and in particular at the time of using said Services.
5.7.3 Restrictions due to the setting of Minimum Limits and Maximum Limits, and a Ceiling
The User may use the Services subject to compliance with the Minimum Limits and Maximum Limits set by Ouinex, for example for certain Transactions and for certain types of Digital Assets, in accordance with the details appearing in the https://ouinex.com/trading-limits/ section and/or details appearing in the User’s Personal Area when a Maximum or Minimum Limit has been imposed on him personally (or not) by Ouinex. These Limits may change at any time without notice. The User is therefore invited to take note of the Minimum Limits and Maximum Limits applicable to him/her at the time he/she wishes to carry out a Transaction, and undertakes to respect them.
In addition, Ouinex may apply a Ceiling to the User, either for all his Transactions, or only for certain Transactions and/or for certain types of Digital Assets. The User will be informed of the existence of such a Ceiling via his Personal Space.
Ouinex may also apply a General Ceiling to all Users, either for all their Transactions, or, for example, for all Transactions carried out on a particular type of Digital Asset. Users will be informed of the existence of such a Ceiling via the Site, and in particular via the https://ouinex.com/trading-limits/ section.
These Ceilings are subject to change at any time without notice. The User is therefore invited to check the Ceilings applicable to him/her at the time he/she wishes to carry out a Transaction, and undertakes to respect them.
5.8 Warning – risks inherent in the Services
The User acknowledges that Operations carried out within the framework of the Services, and in general the purchase, use, sale, exchange, conversion or holding of Digital Assets, present risks for which Ouinex is not responsible, namely in particular: – macroeconomic risk: changes in the macroeconomic situation may lead, among other things, to abnormal price fluctuations, which may affect the User; – political/fiscal/regulatory risk: changes in applicable laws and regulations may lead, among other things, to abnormal fluctuations in prices, or even to a reconsideration of the Site’s operating conditions and the conditions of provision and use of the Services, which may affect the User; – return risk: Digital Assets are not issued by financial institutions, and the Digital Assets market is a new and poorly regulated market that is likely to generate no real return; – Volatility risk: Digital Assets are widely used by speculators, which means that Transactions involving Digital Assets are exposed to extremely high volatility risks; moreover, Transactions are carried out throughout the day without interruption and without restriction on price increases or decreases, which means that the price of Digital Assets may undergo sudden variations resulting in partial or total losses of Users’ assets. The purchase, sale, exchange, etc. of Digital Assets involves considerable risk: Users are advised never to buy more than they can afford to lose; – decentralization risk: there is no central entity or organization that controls and regulates Digital Assets. On the contrary, Digital Assets rely on decentralized Blockchain technology. In the event of a crisis, there is no entity or organization protecting the Digital Assets market to minimize your losses, for example; – operational risks: failures in hardware, software or networks (Internet, telecommunications, electronic communications, telephone, etc.) can, in certain cases, result in the loss of digital assets; – risk due to force majeure ; – regulatory risk: the risk that Ouinex may be prevented from continuing its activities due to a change in law or regulation, including a new law or regulation in a particular country or jurisdiction, including where the User may be based or resident, or where Ouinex is incorporated, has its registered office or has its principal place of business; – risk of theft or loss of the private key and other handling errors (e.g. risk for the User of theft or loss of his/her Identifiers) which may result in partial or total loss of the digital Assets;
– liquidity risk: the exchange of a Digital Asset for a fiat Currency is not always guaranteed, nor is the exchange for another type of Digital Asset. – tax risk: the User is responsible for determining the taxes to which he/she is subject in respect of investments and operations carried out via Ouinex services. It is the User’s responsibility to declare and pay all taxes and other levies to which he/she is subject in respect of the transactions carried out. Ouinex also insists on the fact that Digital Assets and Blockchain are new technologies, obeying specific rules that differ from traditional financial systems and Digital Assets are highly volatile. Thus, any use of Digital Assets whether as an investment, as a monetary equivalent, etc. presents risks that the User must take into account. The User must take care to inform and train himself on the operation and characteristics of a Blockchain, Digital Assets, Digital Asset exchange platforms. In particular, Ouinex provides Users with information and tutorials designed to guide them in the use of the Site and Services. However, Users are invited to vary their sources of information and to consult sites other than Ouinex’s for information and training on the risks inherent in the Services, it being specified that the information and details appearing on the Site are not exhaustive, nor necessarily up to date, and are for information purposes only. Users must therefore be particularly vigilant when using the Site and Services, and must ensure that they have all the skills and knowledge, particularly technical and financial, required to handle Digital Assets. In particular, Ouinex reminds Users that past performance is no guarantee of future performance, and that buying, holding and selling Digital Assets involves the risk of partial or total capital loss. In any event, Users are advised to consult professionals specializing in financial, legal or tax advice before carrying out any transaction involving Digital Assets.
6 Terms of use of the Personal Area
6.1 Creating a Personal Area
6.1.1 To create a Personal Space, the User must:
– complete the fields required on the online form and provide the information requested, including (but not limited to) :
o For a natural person: surname and first names of the User, e-mail address, telephone number, user name, identification, date of birth;
o For a legal entity: Extrait kbis (or equivalent) less than 3 (three) months old, articles of association, user name, surname and first names of the legal representative, e-mail address of the legal representative, date of birth of the legal representative, telephone number of the legal representative (as well as for each director and shareholder, and in the case of companies, the natural persons who are directors and/or shareholders of these companies).
– provide the documents requested online for this purpose, in particular as required under the obligations set out in the “Know Your Customer” and “Know Your Transactions” sections of these terms and conditions.
The information and documents indicated above, as well as the technical characteristics (format, size, etc.) of said documents, may change over time. The exhaustive and up-to-date list of
information and documents, as well as their technical characteristics, to be provided by the User when requesting the creation of his/her Personal Space is communicated to the User when such information and documents are requested by Ouinex or by any third-party service provider to whom Ouinex has delegated these operations.
Failure to provide such information and documents will result in the User’s Personal Space not being created, and the User will not be able to benefit from Services requiring the prior creation of such a Personal Space. In general, the User attests to the truthfulness and accuracy of the information transmitted (including documents communicated, automatically or on request) when creating his/her Personal Space, and Ouinex will be entitled to hold the User or any person involved liable in the event that said information transmitted is false, inaccurate or misleading. The User must communicate his true identification information (e.g. his real name) and contact details. The User is also required, where applicable, to update the information communicated in order to ensure its accuracy over time and at any time, and guarantees Ouinex in this regard. Ouinex may under no circumstances be held responsible for any difficulty encountered by a User, for example in accessing his/her Personal Space or in using the Site or Services, which may be directly or indirectly linked to the User’s communication of inaccurate or incomplete information, or to the User’s failure to update his/her information, it being specified that Ouinex may make use of the Services conditional upon the User providing updated/updated information and documents (in particular a valid identity document), or even the provision of additional information or documents (proof of origin of funds, response to a KYC questionnaire, proof of the User’s “living” character or proof of “life”, proof of address, etc.).). The provision of inaccurate or incomplete information, or false documents, or the failure by a User to update such information or documents, constitutes a serious breach by the User of these GTC, entitling Ouinex to terminate the GTC and delete the User’s Personal Space without notice, in accordance with the article “Notice – Termination”.
Ouinex may also request additional information and/or documents in the event of a request by the User to modify information relating to his/her Personal Space.
6.1.2 Conditions for creating a Personal Area
A Personal Space can only be held by one person (whether an individual or a legal entity), and each person (whether an individual or a legal entity) can only hold one Personal Space.
Any person (individual or legal entity) wishing to open a Personal Space must have full legal capacity to do so, and to enter into commitments under these GTC. In this respect, any natural person acting on behalf of a legal entity guarantees to have all the rights and authorizations necessary to validly bind said legal entity.
Moreover, to open a Personal Space, an individual must be at least 18 years old.
The creation of a Personal Area may also be restricted to certain countries, depending on the KYC (Know Your Customer) process implemented by Ouinex or a third-party service provider (see the article “Know Your Customer and Know Your Transactions” herein).
It is the User’s responsibility to ensure compliance with these conditions.
The content of the aforementioned section and the conditions of eligibility or restrictions on the creation of a Personal Space are subject to change at any time and without notice, at Ouinex’s sole discretion, in particular but not exclusively in order to comply with legislative or regulatory obligations. Ouinex may not be held liable for the consequences of restrictions (such as refusal to create a Personal Space, suspension or even closure/deletion of the User’s Personal Space), even new ones, which may relate to the User’s country of residence, nationality or registered office, or which may result from legislative or regulatory obligations.
6.1.3 Identity verification (Know Your Customer) and transaction tracking (Know Your Transactions)
The information communicated by the User for the purposes of creating a Personal Space is used to verify his/her identity, in particular as part of Ouinex’s “Know Your Customer” (hereinafter “KYC”) obligations, as well as to prevent or detect any attempt or action of fraud, corruption, money laundering or terrorist financing in particular, and more generally any potential illicit or fraudulent activity or action. This may include additional processes such as compliance with requirements for proof of the user’s “living” character or proof of “life”.
The request made to the User to communicate this information to the company results, among other things, from the latter’s obligations with regard to the fight against money laundering and the financing of terrorism within the meaning of the Polish Monetary and Financial Code. In this respect, the User undertakes, and guarantees Ouinex, to comply with Ouinex’s KYC process and to answer any questions and provide any information requested for this purpose.
KYC operations, and in particular operations to verify the User’s identity, may be delegated by Ouinex to a third-party service provider. In all cases, the User will be required to follow all instructions communicated by Ouinex and/or by this service provider.
In addition, Ouinex may use transaction tracking and analysis solutions (hereinafter “KYT”) in order to better detect anomalies, as well as to notably prevent or detect any attempt or action of fraud, corruption, money laundering or terrorist financing, and more generally any potentially illicit or fraudulent activity or action, which the User acknowledges and accepts.
KYT operations may be delegated by Ouinex to a third-party service provider. In all cases, the User will be obliged to follow all instructions communicated by Ouinex and/or by this service provider.
In this respect, it is specified that KYC and KYT operations may lead to the User being denied the benefit of certain Services or the completion of certain transactions, this decision being taken at the absolute discretion of Ouinex and not involving Ouinex’s liability.
6.1.4 Bans
The creation or opening of a Personal Space is forbidden to any User whose Personal Space has previously been closed by Ouinex.
The User who requests the creation of his Personal Space guarantees that his use of the Site and Services will not expose Ouinex to any sanctions and that such use will not violate any applicable law or regulation, in particular with regard to the fight against terrorism, the fight against corruption, the fight against the financing of the proliferation of weapons of mass destruction and the fight against money laundering. In particular, the User guarantees:
– not to be subject to any prohibition on using the Services resulting, in particular, from legislative or regulatory provisions or from an administrative or judicial decision, for example;
– not be subject to restrictions on access to financial services such as those adopted by the United Nations, the Council of the European Union, the United Kingdom, the United States of America, France, Poland or any other country or jurisdiction as part of the fight against terrorism, corruption, the financing of the proliferation of weapons of mass destruction and money laundering;
– not be on the list of Specially Designated Nationals maintained by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or on the Denied Persons List of the U.S. Department of Commerce or on any sanctions list or list of designated persons or countries
maintained by the United Kingdom, the United States of America, France, Poland or any other country or jurisdiction.
Any breach by the User of the stipulations of the present article “Creation of a Personal Space” constitutes a serious breach likely to result in the termination without notice of the GTC to the exclusive detriment of the User and the definitive banning of the User from accessing and using the Site and Services.
Furthermore, the company reserves the right to refuse the creation of a Personal Space by a User who does not comply with or does not respect the terms and conditions set out in the present article “Creation of a Personal Space”, and more generally in these GTC, as well as to temporarily suspend or close/delete the User’s Personal Space under the conditions set out in the articles “Suspension of the Personal Space” and “Closure and deletion of the Personal Space” herein.
6.2 Confidentiality and security of Identifiers and Personal Space
The creation of a Personal Space requires the User to choose Login Information for the said Personal Space which is confidential, personal, unique (i.e. not used on other websites), and which will be necessary to access the said Personal Space. To this end, the User will be asked to choose an identifier or login (i.e. his or her e-mail address) and a password which must comply with the required format and characteristics as indicated on the online form requesting the creation of his or her Personal Space.
The User is solely responsible for preserving the confidentiality of his Identifiers, which are strictly personal to him, and undertakes to take all useful measures to ensure this complete confidentiality, and in particular to change his password regularly (i.e. at least every 6 months). The User is also required to keep his Identifiers confidential and to protect them against any access by or disclosure to third parties. The User is solely responsible for the strictly personal use of his Identifiers and guarantees Ouinex thereof.
The User’s Identifiers may be reinitialized at any time at the User’s initiative or at Ouinex’s initiative, subject to prior notice to the User (it being specified that in all cases this reinitialization must of course be carried out by the User himself, even if it is at Ouinex’s initiative).
In the event of loss or theft of a password, or in the event of unauthorized access to the User’s Personal Space, the User will immediately inform Ouinex by e-mail at the following address: support@ouinex.com and will follow any instructions that may be communicated by the company, in particular in order to lock access to the User’s Personal Space. The reopening of the User’s Personal Space following such a locking request will be subject to the provision of additional information and/or documents by the User in order to verify his identity and the legitimacy of his request to reopen. Ouinex shall not be held responsible if the User fails to provide the required information and/or documents.
Access to the Personal Space and use of the Services by the User is under the User’s sole responsibility, and Ouinex shall not be held liable for any fraudulent use or access to the Personal Space attributable to the User or to the User’s conduct, including negligence. Therefore, the use of the User’s Identifiers to connect to his Personal Space and carry out operations (including Operations) is, as between the Parties, in principle and except in the event of fault attributable to Ouinex, the User is responsible for (i) operations carried out on or from his Personal Space, (ii) any use of the Site and Services carried out at the same time as he connects to his Personal Space and (iii) any fact or act relating thereto.
The User is also hereby informed that connection or access to his Personal Space by means of his Identifiers constitutes, in principle and in the absence of proof to the contrary, proof of the User’s authentication and iden
Ouinex makes its best efforts to ensure the security of access to the Services and in particular to the User’s Personal Space, and to prevent any unauthorized person from gaining access to it. By way of example, Ouinex allows and recommends Users to activate the protection offered by a two-factor authentication device (double authentication or “2FA”) which requires the User to enter, in addition to his/her Identifiers, a validation code that he/she receives by sms to the telephone number indicated when creating his/her Personal Space or via the third-party application Google Authenticator or equivalent. This double authentication device may also be deployed and imposed on the User to carry out certain Operations or modify the information in his Personal Space or carry out certain manipulations on the Site. However, Ouinex does not guarantee the absolute security of the Services or of access to the Personal Area, and more generally to the Site.
Furthermore, following the creation of a User’s Personal Space, Ouinex may send the User e-mails. The User is informed that he/she must in any case be vigilant and check the identity of the sender of any e-mail he/she receives before opening it or opening any attachments or links contained therein, and that Ouinex cannot be held responsible for the consequences of such an action by a User with regard to any e-mail that appears to him/her to have come from Ouinex but which did not in fact emanate from the latter, even if this e-mail contains the “anti-phishing code”.
6.3 Suspension of the Personal Area
Without prejudice to the stipulations set out in the article “Denunciation – Termination” herein, Ouinex reserves the right to suspend access to the User’s Personal Space and to suspend the provision of all or part of the Services, ipso jure and without prior notice, in the event of a breach by the User of his obligations or commitments under these GTC, or if Ouinex considers that there is sufficient evidence to suggest that the User may be in breach of his obligations and commitments under these GTC.
In addition, such a suspension may take place :
– in the event of detection of unusual or suspicious activities on the User’s Personal Space, or suspicion of the User’s identity;
– in the event of detection, suspicion or report of unauthorized access to the User’s Personal Space;
– in the event of reasonable suspicion of use of the Site and/or Services in connection with illegal or fraudulent activities;
– in the event of a request to this effect by a competent authority (petition, court decision, decision or request by an administrative or judicial authority, ongoing investigation, etc.);
– if the User fails to provide any additional information or documents requested by Ouinex;
– in the event of inappropriate behavior and/or misconduct by the User (insults, threats, violence, etc.).
Suspension of the Personal Space implies the impossibility for the User to connect to it and/or to benefit from the Services / to use the Services requiring such a connection to the Personal Space.
Insofar as possible (and in particular, unless prohibited by a competent authority or by applicable provisions), Ouinex undertakes to inform the User of such suspension without delay and to indicate the reasons for such suspension.
Except in cases where the User’s Personal Space is suspended at the request of a competent authority, Ouinex will indicate to the User, by sending an e-mail to the e-mail address provided by the User in his Personal Space, a deadline within which he will be required to remedy the causes of this suspension (for example, actions to be taken in the event of a breach by the User of his obligations or commitments under these GTC, or provision of information and/or documents for Ouinex’s analysis of the situation, etc.). In the absence of any indication, this period is 7 (seven) days.
Should the User fail to comply with Ouinex’s requests within the timeframe communicated by the latter, Ouinex reserves the right to permanently close the User’s Personal Space for misconduct and to terminate these GTC under the conditions set out in the article “Termination” herein.
6.4 Closing and deleting the Personal Area
6.4.1 General principles
The User may request the closure and deletion of his Personal Space directly from his Personal Space or by e-mail to the following address: support@ouinex.com.
Ouinex will in any event automatically close and delete the Personal Space within 2 (two) years of the User’s last connection to his Personal Space if he has not held any Digital Assets in his Portfolio during this two-year period.
In addition, Ouinex will close and delete the User’s Personal Space in the event of termination of these GTC.
In this respect, and unless otherwise stipulated in these GTC, the closure of the Personal Space implies the impossibility for the User to connect to it and/or to benefit from the Services / to use the Services requiring such a connection to the Personal Space, as well as the deletion of the said Personal Space.
It is further specified that it is the sole responsibility of the User to ensure the conservation and backup of information and documents transmitted by Ouinex or to Ouinex, or more generally via the Site and/or recorded or stored in the Personal Space, as Ouinex does not provide conservation, backup or third-party archiving services in this respect.
The closure and deletion of a Personal Space, whatever the cause or initiator, will not give rise to any compensation of any kind for the User.
6.4.2 Special situations
If an Operation or other transaction is in progress when the User’s Personal Space is closed, Ouinex reserves the right to cancel this Operation or other transaction before deleting the Personal Space.
In the event of the User’s death, Ouinex may proceed with the transfer of the Personal Space and the Portfolio containing the Digital Assets to the rightful claimants in execution of a precise and express request to this effect from the rightful claimants and upon presentation of the required supporting documents, subject to the payment of Intervention Fees and Withdrawal Fees in accordance with the stipulations set out in the article “Financial Conditions”.
6.4.3 Sale and/or Withdrawal of Digital Assets
In the event of closure of the User’s Personal Space, the User is required to settle any charges, debts, etc. owed to Ouinex within a maximum period of 7 (seven) days.
After such settlement, the User is invited to sell (cf. Sale Operation) / withdraw (cf. Withdrawal Operation) all digital Assets in his Portfolio within his Personal Space, and must do so within a
maximum period of 15 (fifteen) days following the closure of the Personal Space, it being specified that in the event of the presence of digital Assets in the User’s Portfolio within his Personal Space, the effects of the closure and deletion of the said Personal Space may in fact be postponed for a maximum period of 15 (fifteen) days for the sole purpose of enabling the User to carry out the aforementioned Transactions, in which case Ouinex may apply specific restrictions on the use of the Services by the User (e.g. blocking certain Transactions, etc.): blocking of certain Operations, etc.). Should the User fail to Sell/Retract said Digital Assets within this period, the User is hereby informed that he/she definitively renounces said Digital Assets.
The Sale/Withdrawal by the User of his/her Digital Assets may be carried out under the conditions set out in the article “Carrying out Operations”. As a reminder, Withdrawal Operations are subject to Withdrawal Fees which may be higher than the Digital Assets present in the User’s Portfolio, which implies in such a case the obligation for the User to proceed with their Sale, or failing that (for example if the Sale of the said Digital Assets is not possible), to definitively renounce the said Assets. The User is invited to contact Ouinex without delay in the event of any difficulty relating to the Withdrawal or Sale of his Digital Assets following the closure of his Personal Space.
As an exception to the above, in the event of suspension or closure of the User’s Personal Space following suspicion of illegal activity or fraud (in particular corruption, financing of terrorism, financing of the proliferation of weapons of mass destruction and/or money laundering, but also practice or participation in a practice of market manipulation) or proven illegal activity or fraud, or in the event of violation of applicable laws and regulations or of these GTC, or in the event that such suspension or termination results directly or indirectly from a request by a competent authority, Ouinex may immediately make it impossible for the User to connect to his Personal Space and/or to benefit from and use the Services requiring such connection to the Personal Space. Furthermore, Ouinex will not be obliged to return the digital Assets present in the User’s Personal Space, and reserves the right to hand them over, along with information about them, to any authorities requesting them, if necessary.
7 Financial terms and conditions
7.1 Digital Asset Awards
The User acknowledges that he/she has been informed that the prices of digital assets are not stable and that they are particularly volatile, for which neither Ouinex nor its partners can be held responsible.
In the context of a Purchase or Sale of Digital Assets, the price of the Digital Assets depends solely on the market, without any control on the part of Ouinex or its partners. The related information is communicated to the User by Ouinex and under the latter’s responsibility.
The price of digital assets that may be exchanged can be viewed by the User on the Site at the time the User makes his or her exchange request. The Prices displayed are not, by default, denominated in PLN or in any other fiat currency, but in the form of a quantity of one type of Digital Asset that can be exchanged for another quantity of another type of Digital Asset. However, the User may view, as an indication, the amount corresponding in equivalence to the quantity of Digital Assets offered for Exchange and/or requested for Exchange, in the Currency-fiat of his choice, among those offered on the Site.
7.2 Transaction fees
Operations are services offered to the User for a fee. The User is therefore obliged to pay Ouinex (unless otherwise stipulated in these GTC that the Fees are payable to a third party) the Transaction
Fees specified below and authorizes Ouinex to deduct from his/her Portfolio, or from the amount of the Transaction carried out, any Transaction Fees that may be due in accordance with these GTC.
The fees charged on the Site, in particular the rates applied to calculate the various Transaction Fees (or “Commission”), are shown on the Site in the https://ouinex.com/fees/ section, it being specified that the Commission rate may depend on various criteria detailed in the said section, in particular the possession of $OUIX tokens. Transaction Fees may be subject to minimums, as also specified in the same section.
Rates (in particular the Commission rate) may be modified/revised at any time. In the event of a tariff update, the new tariffs apply to all Operations initiated and validated by the User after the effective date of the new tariffs.
7.2.1 Fees on buying and selling transactions
The amount of the Fees for Purchase or Sale Transactions depends on Ouinex and is set under the sole responsibility of the latter, taking into consideration the costs of using a duly authorized payment service provider. The relevant information is communicated to the User by Ouinex under the latter’s responsibility. These Fees are due (and paid by the User) directly to Ouinex.
7.2.2 Exchange transaction fees
The amount of the Exchange Transaction Fee is calculated as specified under https://ouinex.com/fees/.
The amount of Exchange Transaction Fees is expressed by default in terms of the type of Digital Asset that the User wishes to exchange for another type of Digital Asset, but may also, at the User’s request, be expressed (i) in PLN or in any other fiat currency desired by the User (by equivalence with the Price of the type of Digital Asset that the User wishes to offer for Exchange or request for Exchange), provided that it is offered on the Site (cf. drop-down menu proposed at the time of the Exchange request) or (ii) in quantity of the type of Digital Asset desired by the User, provided that he has this type of Digital Asset in his Portfolio and that it is accepted at the time of the request.
7.2.3 Deposit fees Unless otherwise stipulated or specified, in particular in the https://ouinex.com/fees/ section, Ouinex does not charge fees for the deposit of digital assets in Users’ Portfolios.
7.2.4 Withdrawal fee
The amount of the Withdrawal Fee corresponds to the costs associated with the validation of transactions specific to the Blockchain concerned, over which Ouinex has no control. This amount is presented to the User in the https://ouinex.com/fees/ section at a given time, but depends exclusively on the Blockchain concerned and may change at any time without notice, without Ouinex being held liable in this respect.
The amount of the Withdrawal Fee is expressed in terms of the quantity of the type of Digital Asset the User wishes to withdraw.
7.2.5 VAT on Fees and Transactions
Fees will be increased by VAT at the current rate (only if VAT is applicable).
7.3 Intervention costs
The User may owe Ouinex Intervention Fees in the circumstances set out in these GTC. In addition, such Intervention Fees are also due in the event of error or mishandling attributable to the User in
the context of carrying out Operations, and more generally in the use of Services, as well as in the following hypotheses:
– non-compliance with Minimum Limits, Maximum Limits or Ceiling;
– issue of an erroneous or incomplete Order.
The amount of Intervention Fees, depending on the type of intervention, is detailed in the https://ouinex.com/fees/ section. The Intervention Fee is independent of the Transaction Fee, and is additional to the Transaction Fee payable by the User.
7.4 Payability
Transaction Fees and Intervention Fees, when due to Ouinex, are due and payable upon validation of the Transaction by the User or, in the absence of a Transaction, upon completion of the intervention giving rise to Intervention Fees.
In accordance with the provisions of article 481 (1)(2) and (21) of the Polish Civil Code, any delay or non-payment of an amount due on the due date referred to above will, without the need for a reminder, results in late payment interest even if Ouinex has not suffered any damage and even if the delay was a consequence of circumstances for which the User is not responsible. The late payment interest for delay is due in the double: the amount equal to the sum of the reference rate of the National Bank of Poland and 5.5 percentage points (the maximum statutory interest).
These penalties will be calculated and will be due without prejudice to Ouinex’s right to claim compensation for its loss linked to late payment or non-payment. Penalties will be due from the day following the due date of the sums owed until the day of their collection by Ouinex.
Finally, any User other than consumer, in arrears of payment will automatically owe Ouinex a fixed compensation for debt recovery costs, equivalent to:
1) EUR 40 – if the value of the cash benefit does not exceed PLN 5,000;
2) EUR 70 – if the value of the cash benefit is higher than PLN 5,000 but lower than PLN 50,000;
3) EUR 100 – if the value of the cash benefit is equal to or higher than PLN 50,000
– set on the basis of Article 10 (1) Act on Combating Excessive Delays in Commercial Transactions (consolidated text Journal of Laws of 2023, item 1790)
If the collection costs incurred exceed this indemnity, Ouinex may request additional compensation upon justification. However, Ouinex may not invoke the benefit of these indemnities in the event of the opening of safeguard, receivership or liquidation proceedings which would prohibit payment of the debt owed to it on the due date.
7.5 Warning on Price and Charges – no guarantee
The Price of a Digital Asset and the amount of Transaction Fees are fixed at the instant T at which the User validates the Transaction. However, given the particularly high volatility of digital Assets, it is possible that the Price of a digital Asset and the amount of Transaction Fees may not be strictly identical between the moment when the User visualizes them upstream and the moment when he actually validates the Transaction.
Prices and fees for Operations may therefore vary, either continuously or from time to time, and at any time. Apart from the cases in which a Transaction may be cancelled in accordance with these GTC, Transactions are irreversible and the User may not request their cancellation as a result of a change in Prices or Fee rates that occurs after the Transaction has been validated.
In addition, the Price set at time T when the User validates the Transaction is not guaranteed, nor is the amount of the associated Transaction Fees:
– given the time lag between validation of the Order and its actual completion;
– in the event of a validated Operation that has not been effectively completed and executed;
– following a modification of the Operation requested by the User or resulting from an error or mishandling attributable to the User;
– in the event of non-compliance with these GTC by the User ;
– in the event of suspension or closure/deletion by Ouinex or by the User of the latter’s Personal Space;
– in the event of cancellation of the Operation by the User or by Ouinex under the conditions set out in the GTC;
– in the event of force majeure ;
– in the event of failure or interruption of the Site and/or Services due to one of the circumstances described in the article “Availability of the Site and Services”.
8 Parties’ respective obligations
8.1 Obligations of Ouinex
Ouinex is bound by the terms and conditions stipulated in these GTC. Ouinex provides the User with the Services, including access to the Site, and is therefore subject to an obligation of means.
In particular, Ouinex strives to maintain accessibility to the Site and Services, as defined in the article “Terms of use of the Site and Services” herein.
8.2 Obligations of the User
The User warrants that he/she has satisfied himself/herself that he/she is authorized in his/her country or jurisdiction of residence and incorporation to access and use the Site and Services offered by Ouinex. The User has also ensured that the Site and Services are suited to his/her needs, that they correspond to his/her expectations and that he/she has the technical and financial skills and knowledge, as well as the necessary computer environment, to use the Site and Services correctly.
The User is bound by the terms and conditions of these GTC. The User is solely responsible for his or her use of the Site, his or her Personal Space and the Services, as well as for the acts and deeds of the persons he or she has authorized to access his or her Personal Space, including any subsequent completion of Transactions.
The User is required to use the Site and Services in accordance with the legal and regulatory provisions applicable in the countries and jurisdictions in which the activities and business related to Operations and Digital Asset transactions are conducted, and may not use the Site and/or Services for illicit or illegal purposes, or for purposes other than those for which the Site and Services are made available to the User.
It is the User’s responsibility to file the appropriate tax returns, it being specified that the taxation applicable to income from investments in Digital Assets varies according to the rules of the country in which the User is resident.
9 Liability
The User accepts liability for his obligations under these GTC in accordance with the rules of provisions of law.
Ouinex’s commitment relates exclusively to the provision of the Services in accordance with the stipulations of the present GTC and subject to all the reservations formulated within the said GTC. Ouinex is liable only in this respect.
Ouinex draws the User’s attention to the risks inherent in any economic operation, for which it is in no way responsible (see in particular the article “Warning – risks inherent in the Services”).
In addition to the cases provided for in these GTC in which Ouinex cannot be held liable, the Parties agree that to the fullest extent provided by law (and where the User is consumer – on condition that strictly binding provision of consumer law does not provide otherwise):
– Ouinex may only be held liable for the improper performance or non-performance of its obligations under these GTC in the event of proven fault on the part of Ouinex. Furthermore, Ouinex may only be held liable for direct (and not indirect) damage suffered by the User as a result of Ouinex’s failure to fulfil its obligations under these GTC. On the other hand, Ouinex can in no way be held liable for indirect damage caused to the User, in particular but not exclusively for any loss or absence of profit, performance, advantage or added value, in particular financial or in terms of sales, income, expected savings or investments: Ouinex cannot be held liable by the User, nor can any reimbursement be claimed by the latter for the loss of any Digital Asset and/or any Fiat Currency purchased (cf. Purchase Transaction), deposited (cf. Deposit Transaction), exchanged (cf. Exchange Transaction), retained (cf. Retention), withdrawn (cf. Withdrawal Transaction) or sold (cf. Sale Transaction) by the User via the Site and/or the Services. Furthermore, Ouinex can only be held liable to the User for foreseeable or foreseeable damage, except in the case of gross negligence or fraud;
– Ouinex is under no circumstances liable for any damage suffered by the User as a result of Ouinex’s failure to perform its obligations due to force majeure or the actions of a third party (notably another User or user);
– Ouinex is not liable in the event of abnormal use, including use that does not comply with these GTC, or fraudulent or illicit use of the Site or Services by the User, and more generally for any failure by the User to comply with these GTC;
– Ouinex is not responsible for the operation (or malfunction) of the User’s computer equipment, nor for his/her access to the Internet or any other network (computer network, telephone network, Internet network, telecommunication or electronic communication network, etc.);
– Ouinex is not responsible in the event of fault on the part of the User or damage resulting from an action, omission, error or negligence attributable to the User or from a lack of diligence or vigilance on the part of the User, nor for the consequences or damage of any kind that may result with respect to anyone, whether a third party or another user or User;
– Ouinex is not liable in the event of the User forgetting or losing his/her Identifiers, the leakage or theft of said Identifiers, the cracking of said Identifiers by a third party and other cases of
hacking of the User’s Personal Space or means of access to his/her Personal Space, the origin of which is not attributable to Ouinex;
– Ouinex is not responsible for the User’s choices and decisions concerning the use of the Services and in particular the execution of Transactions involving digital Assets, including but not limited to errors in making a decision concerning a Transaction, the execution by the User of incorrect or inappropriate Transactions, an error in the Address of the Portfolio for the Deposit or the External Portfolio, etc. In this respect, and taking into account the risks inherent in the use of the Services as explained in particular in the article “Warning – risks inherent in the Services”, Ouinex is not liable for any financial losses suffered by the User and resulting from the use of the Services;
– Ouinex is not responsible for non-compliance with the legislation of the country in which the Services are accessible: it is up to the User, who is solely responsible for the choice of Services he/she uses, to check their compliance with the legislation of the country in which the Service is accessible and, more generally, with the legislation applicable to him/her;
– Ouinex is not responsible for the administrative, fiscal and social procedures in force and mandatory in the User’s country;
– Ouinex cannot be held responsible for the dereferencing or deletion from the Exchange Platform of a type of Digital Asset due, for example, to its low attractiveness in relation to the volume of orders placed by market players, or due to legislative or regulatory changes, or the disappearance of the network/Blockchain concerned. Ouinex will make its best efforts to inform the User at least thirty (30) days prior to the said delisting or deletion so that the User may proceed with a Withdrawal or Sale of the Digital Assets concerned, but may be unable to meet this deadline depending on the hypotheses or situations that may arise, which the User acknowledges and accepts;
– Generally, Ouinex is not responsible for the malfunction or failure of third-party sites or applications.
Ouinex shall not be held liable for any damages:
– temporary or definitive unavailability of access to all or part of the Site or the Services offered therein, difficulties related to response time, and in general, any performance failure, as well as the consequences or damages of any kind that may result;
– discontinuities or disruptions in the use of the Site and the Services contained therein, whether voluntary or involuntary, nor the consequences or damages of any kind that may result therefrom or that may result from changes or technical or functional developments of the Site or Services;
in the following cases :
– maintenance, updates or technical or functional adjustments to the Site and/or Services;
– breakdowns in the User’s computer or telecommunications equipment or failure of a network provider (such as a computer network, telephone network, Internet network, telecommunications or electronic communications network);
– and, more generally, any failure or interruption (temporary/permanent, partial/total) of the Site and/or Services that may be linked to one of the cases for which it is indicated in these GTC, in particular in the article “Availability of the Site and Services”, that Ouinex cannot be held liable.
Similarly, Ouinex cannot be held responsible for the misappropriation of information circulating via the Internet or entered on the Site, for the presence of viruses, malicious codes or any other harmful technologies or other logical infections on the Site, or for any consequences or damage resulting therefrom that are not attributable to Ouinex.
Ouinex shall not be held liable for any consequences or damages of any kind that may result from errors or omissions in the content published on the Site or in responses to contact requests, nor for any delay in responding to such requests.
The provisions of the present article “Liability” shall survive the termination of these GTC, whatever the cause, until the end of their particular purpose.
10 Notice of termination
10.1 Disclosure Without prejudice to the specific right of termination granted to the User as a consumer under pt 3 of these GTC, the User may terminate the GTC at any time and without notice, provided that he/she deletes his/her Personal Space in accordance with the terms and conditions set out in the article “Closing and deleting the Personal Space”.
Ouinex is authorized to denounce and terminate the present GTC, without the User being able to claim any prejudice whatsoever as a result, under the following terms and conditions:
– in the event that a law, regulation or decision of a competent authority or jurisdiction makes it impossible to maintain all or part of the GTC (and therefore the Services) between the Parties, or if Ouinex has reason to believe that maintaining all or part of the GTC (and therefore the Services) is impossible as a result, subject to thirty (30) days’ notice, unless the law, regulation or decision referred to in this article prohibits or does not allow Ouinex to respect such a notice period. Furthermore, Ouinex may, at its sole discretion, subject to compliance with the aforementioned notice period, unless conditions do not permit compliance with such notice period, terminate part or all of the GTC (and thus terminate part or all of the Services) in order to comply with all laws, regulations, decisions applicable to transaction or manipulation activities on Digital Assets;
– in the event of a technical or security problem affecting the Site and/or the provision of the Services, subject to thirty (30) days’ notice, or, and only if conditions do not allow such notice, immediately without notice;
– for convenience, subject to reasonable notice of not less than thirty (30) days and not more than sixty (60) days.
Unless otherwise stipulated in the present article, and unless prohibited by law or regulation or by a decision of a competent authority, any termination on the initiative of Ouinex is preceded by the sending of an electronic mail to the email address provided by the User in his Personal Space, informing the User of this termination and of the date on which the termination will be effective, in compliance with the deadlines and notice periods specified herein. In the absence of any obligation on the part of Ouinex to give prior notice, this e-mail will be sent at the same time as the termination.
10.2 Cancellation
To the fullest extent permitted by law (and consumer protection in the event of a User being a consumer), the GTC may be terminated at Ouinex’s initiative, in addition to the cases specifically
provided for under the terms of the articles of the present GTC and without prejudice to any damages that may be claimed from the User, in the following cases:
– for breach by the User of any of its obligations or commitments under these GTC, in particular in the event of breach of its obligations under the articles “Description of Services”, “Terms and Conditions of Use of the Site and Services”, “Terms and Conditions of Use of the Personal Area”, “Financial Conditions” and “Respective Obligations of the Parties”, seven (7) days after notification to the User of a formal notice to comply with its obligations and/or commitments which has remained unsuccessful;
– if the User fails to comply with Ouinex’s requests within the period of time communicated by Ouinex in the cases referred to in the article “Suspension of the Personal Space”, seven (7) days after the User has been notified of a formal notice to comply which has remained unsuccessful;
– in the event of a serious breach on the part of the User which entitles Ouinex to terminate the GTC without notice and without prior formal notice, it being specified that in such a case Ouinex may terminate these GTC by simply sending an e-mail to the e-mail address provided by the User in his/her Personal Space. In this respect, serious breaches on the part of the User entitle Ouinex to terminate the GCS without notice:
o the fact that a User registers in the name of another person in order to circumvent a ban on creating a Personal Space;
o the fact that a User provides information that is misleading, inaccurate, out of date, obsolete or incomplete (for example, information concerning his/her identity or contact details), or that he/she fails to update some of this information, or that he/she provides false documents (e.g. false proof of identity);
o the fact that a User refuses to accept the modified GTC by requesting the deletion of his/her Personal Space;
o the use of the Site and/or Services, voluntarily or involuntarily, for illicit or fraudulent purposes or activities;
o non-payment by the User of Transaction Fees owed to Ouinex (or one of its partners);
o any other serious breach of these GTC or of applicable laws and regulations.
The formal notices referred to in the present article are sent by Ouinex by e-mail to the e-mail address entered by the User in his Personal Area, and refer to the present article. Ouinex will then inform the User, by the same means, of the effective termination of the GTC. In the absence of any obligation on the part of Ouinex to give the User prior notice, an e-mail will nevertheless be sent to the User informing him of the termination of the GTC.
10.3 Consequences
In the event of termination or denunciation of these GTC in the context of this article “Denunciation – Termination”, Ouinex will close and delete the User’s Personal Space in accordance with the stipulations of the article “Closing and deletion of the Personal Space” herein.
Clauses which by their nature or purpose must survive the end of the GTC will survive and remain applicable at the end of the GTC, until the end of their respective particular purpose, unless a specific duration is provided for in the GTC.
11 Personal data and cookies
Ouinex is responsible for the processing of Users’ personal data through the Site. The User is invited to click here https://ouinex.com/privacy-policy/ to access Ouinex’s “personal data protection policy”.
Cookies and other tracers or similar technologies may be installed and/or read in the User’s browser or terminal when visiting the Site. The User is invited to click here https://ouinex.com/cookie-policy/ to access Ouinex’s “cookie management policy”.
12 Intellectual property
The present GTC do not entail any assignment, concession or license of intellectual property rights or of the sui generis right of the database producer to the User.
The Site as a whole, as well as each of the elements that make it up independently, in particular programs and developments, its structure, and content including data, text, still or animated images, logos, sounds, graphics, photographs, files, are the exclusive property of Ouinex or of third parties who have assigned or conceded the right to use them.
Any representation or reproduction, in whole or in part, of the Site or of any of its component parts without the express authorization of Ouinex is prohibited and shall constitute an infringement punishable under the Polish Intellectual Property Code and/or an act of unfair competition or parasitism, and/or more generally a fault for which the author shall be held liable. In any event, any representation or reproduction authorized by Ouinex of all or part of the Site or its component parts must include the words “Copyright [Year in progress] Ouinex – all rights reserved”.
The databases on the Site are protected by the Polish Intellectual Property Code, and any extraction or reuse of qualitatively or quantitatively substantial content from the databases is prohibited and punishable.
The trademarks and logos appearing on the Site are registered trademarks of Ouinex or third parties. Any reproduction, imitation or use, in whole or in part, of these distinctive signs without the express authorization of the owner of the rights or in violation of intellectual property rights will engage the responsibility of the author.
Other distinctive signs, in particular corporate names, trade names, brand names and domain names reproduced on the Site are the property of Ouinex or third parties, and any reproduction thereof without the express authorization of the holder of the rights is likely to constitute usurpation, and/or more generally a fault, engaging the responsibility of its author.
13 Proof agreement
13.1 Computer traces
The User acknowledges that the Site or the tools implemented on the Site, and in particular within the User’s Personal Space or the Services, enable the traceability of certain actions and operations carried out (in particular the traceability of Operations carried out or acceptance of the GTC), as well as the delivery of certain notifications and attestations, in particular for reasons of security and proof. These traceability procedures generate computer traces or event logs (hereinafter referred to as “Computer Traces”).
The User acknowledges that Computer Traces generated by the Site, as well as any reproduction thereof on a paper or electronic medium, may be used to provide proof of use of the Site, the Personal Space and the Services, and in particular proof of the completion of an Operation, the publication of content, the entry of information, the provision of information or consent/acceptance.
13.2 Electronic writings
The user expressly acknowledges that exchanges with the company may take place by any means, in particular by electronic message to the e-mail address mentioned in the Personal Space or mentioned in the User’s correspondence, or by means of all documents and other electronic writings resulting from the use of the Site and/or Services, in particular Computer Traces, and more generally resulting from the execution of these GTC, as well as those accepted or signed electronically (hereinafter the “Electronic Writings”).
The User acknowledges that Electronic Writings may be used to provide proof of a fact or the content of exchanges, and that in general any trace or any computer and/or electronic document emanating from Ouinex, the Site, the Personal Space or the use of Services constitutes proof between the Parties.
When the User is acting in a professional context, the User’s failure to manage delegations of authority may not be invoked against Ouinex to defeat the legal value of the Electronic Writing.
13.3 Storage and archiving
The Parties shall be personally responsible for the safekeeping and archiving of the Electronic Documents.
Each Party implements the means and procedures it deems necessary for conservation and archiving purposes. It is the User’s responsibility to obtain information on this subject from archiving professionals and to take all appropriate measures.
For your information, the company will keep a written record of the User’s execution of each Transaction and the related acceptance of these GTC, as soon as the Transaction involves an amount equal to or greater than one hundred and twenty (120) euros, for a period of ten (10) years from the date of execution of the Transaction, and will guarantee the User access to this record at any time during this same period.
These elements are kept by the company in electronic format. These elements form an integral part of the Electronic Writings. The User may access them by sending a request by e-mail to support@ouinex.com.
14 No right of withdrawal
Pursuant to Article 38.1.2 CRA, the right to withdraw from a contract concluded outside the business premises or at a distance does not apply to the consumer in relation to contracts in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the period for withdrawal from the contract, i.e. Contracts regarding Digital assets.
15 Absence of legal warranty of conformity and warranty for defects in the item sold
The provisions of the Polish Civil Code relating to the legal warranty or guarantee (cf. articles 535 and next of the Polish Civil Code) do not apply to the Services and to these GTC insofar as the relationship between the User and Ouinex cannot be qualified as a contract for the sale of tangible movable goods within the meaning of said provisions.
In this respect, it is specified for all practical purposes that the use of the terms Sale/sale/sell and Purchase/purchase/purchase, and of certain associated terminology, within the framework of these
GTC or on the Site, in particular to designate certain operations or actions, is purely explanatory and descriptive. The use of these terms does not in any way prejudge the legal qualification of the operations and actions referred to by these terms within the meaning of the Polish law.
16 Miscellaneous
16.1 Force majeure and unforeseen circumstances
16.1.1 Force majeure
To the fullest extent permitted by Polish law (and in the event of a User being a consumer unless consumer protection law provide otherwise) the User and Ouinex may not be held liable to the other Party in the event of non-performance of their obligations under these GTC resulting from a case of force majeure within the meaning of Polish jurisprudence, it being specified that force majeure is defined as an event beyond the control of the debtor of an obligation, which could not reasonably have been foreseen at the time of the conclusion of the GTC and the effects of which cannot be avoided by appropriate measures, and which prevents the debtor from performing his obligation. It is expressly agreed that force majeure includes all events usually recognized as such by the jurisprudence of Polish courts, with priority given to the jurisprudence of the Supreme Court.
By express agreement between the Parties, force majeure includes, in particular:
– the theft of assets, in particular digital assets, from Ouinex or one of its partners by any means whatsoever;
– lack of energy supply, in particular power cuts or failures;
– disruptions to private or public communications networks, in particular total or partial shutdown of the Internet;
– computer hacking resulting in Ouinex and/or its partners being unable to restore the Services concerned;
– bad weather and climatic events (storms, hail, lightning, hurricanes, etc.);
– natural disasters, earthquakes, floods, water damage;
– magnetic fields ;
– falling aircraft ;
– acts of terrorism ;
– war, riot, armed conflict, fire, explosion, internal or external strikes, lockout, occupation of Ouinex premises;
– legal or governmental restrictions, legal or regulatory changes to forms of marketing ;
– accidents of any kind;
– epidemics, pandemics or illnesses affecting more than 10% of Ouinex’s employees or people working for Ouinex (including, for example, Ouinex’s internal or external consultants, or the
employees or internal or external consultants of an entity in the group of companies to which Ouinex belongs) within a period of two consecutive months;
– road blockages and supply shortages;
preventing the normal performance by a Party of its obligations under the GTC.
16.1.2 Anticipation
Ouinex draws the User’s attention to the risks inherent in any economic transaction, in particular any Transaction involving digital Assets. Use of the Services by the User implies acceptance of these risks. In this respect, any financial losses incurred by the User as a result of using the Services do not constitute a situation of unforeseeability, and therefore do not entitle the User to avail himself or herself of the legal regime of unforeseeability provided for in this article, nor of any legal or regulatory provisions that may be applicable to such a situation, which the User expressly acknowledges and accepts. The same applies more generally in the event that the contractual balance is upset by circumstances that were unforeseeable when the GTC were concluded, even if their execution proves excessively onerous, the User agreeing to bear all the economic and financial consequences and to waive, in this event, any right to invoke the legal regime of unforeseeability provided for in the aforementioned article of the Civil Code, as well as any legal or regulatory provisions that may be applicable to such a situation.
16.2 No waiver
The fact that one of the Parties tolerates a situation, for example the fact of not taking advantage of the application of certain stipulations of the GTC or of certain legal or regulatory provisions, whatever the frequency and duration, shall not constitute a modification of the GTC or have the effect of granting acquired rights to the other Party.
Furthermore, any such tolerance by one of the Parties, even if repeated, shall not constitute or be construed as a waiver by that Party of its right to assert or exercise the rights in question or to invoke any of the stipulations of these GTC.
16.3 Interpretation
In the event of difficulties of interpretation resulting from a contradiction between any of the headings appearing at the top of the articles and any of the articles, the headings will be declared non-existent.
16.4 Partial nullity
If one or more provisions of the GTC are held to be null and void, invalid, illegal or inapplicable or declared as such, in application of a law, regulation or following a final decision by a court or competent authority, the other provisions shall remain applicable and shall retain all their force and scope.
16.5 Independent co-contractors
The Parties acknowledge that they each act on their own behalf as independent Parties and as independent co-contractors, and that these GTC shall not be interpreted in any other way.
16.6 Subcontracting
For the purposes of the execution of the GTC and in particular the provision of the Services, Ouinex may, at its convenience, use subcontractors, it being specified that Ouinex will remain liable to the User for the execution of the GTC in accordance with the terms and conditions of the GTC.
16.7 Transfer
The User’s Personal Space may not be assigned or transferred to a third party, and the User may not assign or transfer the GTC, or all or part of his rights and obligations under the GTC, to a third party.
16.8 Calendar days
Unless otherwise specified, the times and durations indicated in these GTC are in calendar days.
17 Complaints, Mediation and alternative dispute resolution
The response to the complaint must be provided without undue delay, but no later than 30 days from the date of receipt of the complaint. To meet the deadline, it is sufficient to send the response before it expires. In particularly complex cases, making it impossible to consider the complaint and provide a response within the time limit referred to above, Ouinex in the information provided to the client who filed the complaint:1) explains the reason for the delay; 2) indicates the circumstances that must be established in order to consider the case; 3) specifies the expected time limit for considering the complaint and providing a response, which may not exceed 60 days from the date of receipt of the complaint. In the event of failure to meet the above time limits, the complaint shall be deemed to have been considered in accordance with the client’s will.
Any User who is a consumer and is in dispute with Quinex may turn to the Polish Financial Ombudsman under the address:
Biuro Rzecznika Finansowego. ul. Nowogrodzka 47A, 00-695 Warszawa
or through the website: https://rf.gov.pl/ on the rules set in the Act on the handling of complaints by financial market entities, on the Financial Ombudsman and on the Financial Education Fund (consolidated text Journal of Laws of 2024, item 1109)
Alternatively Any User who is a consumer may, use the Amicable Dispute Resolution solution to resolve the dispute with Quinex. The current register of such entities is held by the President of the Office of Competition and Consumer Protection: https://uokik.gov.pl/bip/sprawy-konsumenckie
Furthermore, the User is informed that in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
18 Language – Applicable law and jurisdiction
The original version of these GTC is in Polish. In the event of translation into one or more foreign languages, the Polish text shall prevail, particularly in the event of litigation.
THE SITE IS GOVERNED BY POLISH LAW. THE CONTENT OFFERED THEREFORE COMPLIES WITH CURRENT POLISH LEGISLATION. OUINEX MAY NOT BE HELD LIABLE IN THE EVENT OF NON-COMPLIANCE WITH THE LEGISLATION OF THE USER’S COUNTRY OF CONNECTION.
THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN OUINEX AND THE USER ARE ALSO GOVERNED BY POLISH LAW. THIS APPLIES TO BOTH SUBSTANTIVE AND FORMAL RULES, NOTWITHSTANDING THE PLACE OF PERFORMANCE OF SUBSTANTIAL OR ACCESSORY OBLIGATIONS.
IN THE EVENT OF ANY DISPUTE CONCERNING THE INTERPRETATION OR PERFORMANCE OF THESE TERMS AND CONDITIONS, THE PARTIES WILL USE THEIR BEST EFFORTS TO REACH AN AMICABLE SETTLEMENT. IN THE ABSENCE OF AN AMICABLE RESOLUTION, THE POLISH COURTS SHALL HAVE SOLE JURISDICTION TO HEAR ANY DISPUTE ARISING FROM THE APPLICATION OF THESE GC OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SITE. THE REFERENCE LANGUAGE FOR THE SETTLEMENT OF ANY DISPUTES IS POLISH.
THESE STIPULATIONS CONCERNING APPLICABLE LAW AND JURISDICTION ARE SUBJECT TO ANY MANDATORY PROVISIONS THAT MAY APPLY TO THE USER AS A CONSUMER WITHIN THE MEANING OF THE CONSUMER CODE (IN PARTICULAR ARTICLE R.631-3 OF THE CONSUMER CODE).
BY WAY OF EXCEPTION, AND IN THE ABSENCE OF AMICABLE RESOLUTION OF A DISPUTE BETWEEN OUINEX AND A MERCHANT USER WITHIN THE MEANING OF ARTICLE L121-1 OF THE POLISH COMMERCIAL CODE, THE DISPUTE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF PARIS, NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS, EVEN FOR EMERGENCY OR CONSERVATORY PROCEEDINGS, IN SUMMARY PROCEEDINGS OR BY PETITION.