These terms are divided into the following sections, which are deemed incorporated in their entirety by and in any reference to these Terms:
- Section 1 – Introduction
- Section 2 – Definitions
- Section 3 – Client
- Section 4 – Specific Features of the Cashaa Exchange Service
- Section 5 – Initiation and Execution of Exchange Transactions
- Section 6 – Obligations and Warranties
- Section 7 – Risk Disclosure
- Section 8 – Limitation of Liability
- Section 9 – Default. Indemnification
- Section 10 – Termination
- Section 11 – Notices
- Section 12 – Governing Law and Jurisdiction
- Section 13 – Miscellaneous
These Cashaa exchange service general terms and conditions (“General terms”) govern the contractual relations between you (“Client” or “you”) and any holding company, subsidiary or entity belonging to the Cashaa group of companies (“Cashaa” or “we”), while you and Cashaa are hereinafter separately referred to as “Party” and jointly – as “Parties”, in regard to your use of the Cashaa Exchange Service, and constitute a legally binding agreement (“Agreement”) between the Parties.
Cashaa’s crypto wallet and exchange services are provided by CRYPTO INNOVATIONS UAB, a Lithuania licensed company (No. 305997087) whose registered office is at Švitrigailos g. 11K-109, LT-03228 Vilnius, Lithuania. CRYPTO INNOVATIONS UAB is part of the group of companies operating under the brand name “Cashaa”.
2.1. Base Asset means the first Digital Asset in the Trading Pair, as indicated on the Cashaa Platform and in the Cashaa Account, which may be chosen by you for the purpose of an Exchange Transaction.
2.2. Counter Asset means the second Digital Asset in the Trading Pair, as indicated on the Cashaa Platform and in the Cashaa Account, which may be chosen by you for the purpose of an Exchange Transaction.
2.3. Exchange means any exchange used by Cashaa for the purpose of an Exchange Transaction.
2.4. Exchange Price means the price at which the Exchange Transaction is executed by Cashaa, including the relevant fees, if any.
2.5. Exchange Transaction means a sale transaction regarding a Trading Pair initiated by the Client in the Cashaa Account, by an Order to Cashaa to place a sale order with an Exchange and execute a sale transaction thereon, and/or the sale transaction executed by Cashaa on the relevant Exchange.
Trading Pair means a Base Asset and a Counter Asset, regarding which an Exchange Transaction is initiated by the Client and/or executed by Cashaa.
Order means an instruction from you to Cashaa to execute an Exchange Transaction and top up the proceeds thereof, respectively the relevant Counter Assets, into your Savings or Credit Wallet, as the case may be.
Unless stated otherwise, references shall be made to the Cashaa Wallet Services General Terms and Conditions and all the defined terms, used in these General Terms, shall have the same meaning as the one given to them in the Cashaa Wallet Services General Terms and Conditions, as the case may be.
3.1. You can enter into this Agreement and use the Cashaa Exchange Service only if all of the conditions below are met:
- You have opened a Cashaa Account, respectively have met the conditions of the Cashaa Wallet Services General Terms and Conditions.
- You are not a citizen or resident of and you do not have any relevant connection with any jurisdiction where we have prohibited or restricted access to the Cashaa Exchange Service.
- You have passed Advanced Verification on the Cashaa Platform (applicable only to the cases where the Base Asset is EURT/GBPT/USDT).
3.2. CBy entering into this Agreement, you acknowledge and confirm that you meet all the conditions set out above. In the event that we subsequently ascertain that you have not met or do not meet any of these conditions anymore, we may suspend the provision of the Cashaa Exchange Service and/or other Cashaa Wallet Services to you and close your Cashaa Account, and do not allow you to use the Cashaa Exchange Service and/or the other Cashaa Wallet Services.
3.3. At any time, at our sole and absolute discretion, without liability to you, we can: (i) refuse your request to use the Cashaa Exchange Service; (ii) change the conditions for entering into the Agreement or use of the Cashaa Exchange Service; (iii) suspend the provision of the Cashaa Exchange Service or of all or part of the other Cashaa Wallet Services; or (iv) change, update, remove, cancel, suspend, disable or discontinue any features, component, content, incentive or referral plan of the Cashaa Exchange Service.
4. Specific features of the Cashaa exchange service
4.1. The Cashaa Exchange Service allows you to initiate the execution of an Exchange Transaction, using the Base Assets in your Savings Wallet, and the subsequent topping up of the proceeds thereof, respectively the relevant counter assets, into the same savings wallet.
4.2. You may only initiate an exchange transaction regarding the Trading Pairs and within the limits as indicated on the Cashaa Platform and in the cashaa account, which are subject to revision from time to time at our sole and absolute discretion.
5. Initiation and execution of exchange transactions
5.1. You must select the type and amount of the Base Asset you wish to sell and the Counter Asset you wish to buy, thus selecting the Trading Pair, before you place an Order with Cashaa. If you do not have the Base Asset needed for the execution of an Exchange Transaction (applicable only to the cases where the Base Asset is EURT/GBPT/USDT), you may initiate the execution of a purchase transaction in accordance Cashaa Wallet Services General Terms and Conditions, a subsequent Exchange Transaction, and the topping-up of the proceeds of the latter, respectively the relevant Counter Asset, into your Savings Wallet. For the avoidance of doubt, the relevant Counter Asset will be topped up into your Savings Wallet only under the condition that both the purchase transaction and the Exchange Transaction under the preceding sentence have been executed.
5.2. The exchange transactions are irreversible and final once you have provided the relevant instructions to Cashaa, and you may not change, withdraw or cancel the Order to Cashaa to complete any pending or partially completed Exchange Transaction. You are responsible for all Orders you place and your decisions to sell, implement and maintain the Digital Assets in your Cashaa Account. Cashaa shall not be liable for any partially completed exchange transactions.
5.3. After you have selected the Trading Pair, if the Exchange Transaction can be executed by Cashaa, the latter will show you the relevant Exchange Price in the Cashaa Account. However, we do not guarantee the availability of any price.
5.4. Your Orders shall be processed by Cashaa immediately, while their status may be tracked in the Cashaa Account. However, due to technical reasons, the processing may take a longer period of time, for which Cashaa cannot be held liable. Cashaa devotes significant efforts to ensure that any processing falling within the hypotheses under the preceding sentence will be processed no later than 72 (seventy-two) hours as of your Order.
5.5. Once your Order has been executed, the Counter Assets have been topped up into your Cashaa Account, respectively your Cashaa Account balance has been updated, you will receive confirmation of the exchange transaction via e-mail.
5.6. You will not be able to place an Order (i) using Base Assets not available in your Savings Wallet; (ii) above or under the permitted limits as indicated on the Cashaa Platform and in your Cashaa Account
5.7. Your Order may be rejected (i) due to network shortages and/or technical reasons; (ii) in case of significant price difference; or (iii) in case there are not enough Counter Assets on the Exchanges.
5.8. We may, upon our sole and absolute discretion, reverse or adjust any executed Exchange Transaction, in case of an error in the Exchange Price of the Digital Assets, which deviates from the prevailing market price and which has occurred as a result of a system or technical error detected by Cashaa, regardless of the reason for such. In case of reversal, the Counter Assets subject of the Exchange Transaction will be withdrawn from the Savings Wallet of your Cashaa Account, and the Base Assets – re-topped up thereinto. In case of adjustment, the amount of the Counter Assets subject of the Exchange Transaction will be adjusted accordingly in the Savings Wallet of your Cashaa Account.
6. Obligations and warranties
6.1. You hereby declare, warrant and confirm that:
- You meet the conditions under Art. III.1.
- You validly undertake any action or enter into any transaction with regard to the Agreement.
- The Base Assets, which you have topped up or will top up into the Savings Wallet of your Cashaa Account, respectively have moved or will move to the Credit Wallet of your Cashaa Account, or the funds, which you have used or will use for purchase of such, as the case may be, are not derived from money laundering, terrorist financing, fraud or any other illegal or criminal activity under any Applicable Law in the respective jurisdiction.
- You have submitted to Cashaa only complete, correct and up-to-date information and documents.
- You are aware that you are subject to the tax regulation in your jurisdiction and shall be fully responsible for any filing/reporting and paying any tax due to the competent tax authority, as required by the Applicable Law. Cashaa shall not be required to compensate you for your tax obligations or advise you in relation to your tax issues. The uncertainty in tax legislation relating to the Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of the Cashaa exchange service, for which Cashaa shall not be held liable. You shall hold Cashaa harmless from any expenses and losses, resulting from the above uncertainty.
- You are aware that you use the Cashaa Account, the Cashaa Platform and the Cashaa Exchange Service fully at your own risk.
6.2. You hereby undertake to:
- Use the Cashaa Account, the Cashaa Platform, the Cashaa Exchange Service and the other Cashaa Wallet Services in good faith.
- Not commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities.
- Not provide false, inaccurate, incomplete, out-of-date or misleading information.
- Not interfere, intercept, or expropriate our network, system, data, or information.
- Not transmit or upload any virus or other malicious software or program, or try to gain unauthorized access to other users’ accounts, website, network or systems relating to the Cashaa Exchange Service and/or other Cashaa Wallet Services.
- Not decompile, reverse engineer or disassemble any of our programs, systems or products, or in any way infringe the Intellectual Property rights and/or such of our partners.
- Not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of any of our programs, systems or products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Cashaa Exchange Service and/or other Cashaa Wallet Services.
- Keep the data required for using the Cashaa Account unavailable for third parties.
- Inform Cashaa about any change in the information and documents submitted to Cashaa, in particular in your contact details, within 1 (one) day as of the change.
7. Risk disclosure
7.1. Digital Assets are more volatile relative to most fiat currencies and other assets and this unpredictability of their price may result in significant loss over a short period of time. We are not responsible for the Digital Assets market, and we make no representations or warranties concerning the real or perceived value of any Digital Assets, and the quality, suitability, truth, usefulness, accuracy, or completeness of any data provided by Cashaa. You shall therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition
7.2. Digital assets are not money or legal tender, are not backed by the government or by a central bank and mostly do not have any underlying assets, revenue stream, or another source of value.
7.3. The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and is subject to significant uncertainty. Legislative and regulatory changes or actions relating to the Digital Assets or blockchain technology at a state or international level may adversely affect or restrict, as applicable, the use, transfer, exchange and value of the Digital Assets, as well as the provision of the Cashaa Exchange Service, the other Cashaa Wallet Services or any of them. The value of the Digital Assets may be derived from the continued willingness of market participants to exchange fiat currencies for Digital Assets, which may result in permanent and total loss of value of a particular Digital Asset should the market for it disappear.
7.4. Also, some Digital Assets transactions are deemed to be made when recorded on a public ledger, which is not always the date or time that you initiated the transaction. Digital Assets ownership is often determined by a decentralized public ledger and usually cannot be cancelled or reversed.
7.5. The nature of the Digital Assets may lead to an increased risk of fraud or cyberattacks and any losses due to fraudulent or accidental transactions will likely not be recoverable.
7.6. Keep in mind that we do not provide investment advice and the information coming from Cashaa shall not be used as a basis for making decisions about investing in a particular Digital Asset.
7.7. You are responsible for determining whether the use of the cashaa exchange service is legal in your jurisdiction and you shall not use it should such use be illegal in your jurisdiction. If you are uncertain, please seek independent legal advice.
7.8. You understand and agree that you use the Cashaa Account, the Cashaa Exchange Service and the other Cashaa Wallet Services at your own risk. This section is not exhaustive and does not disclose all the risks associated with the Digital Assets and the use of the Cashaa Exchange Service and any of the other Cashaa Wallet Services. You shall, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
8. Limitation of liability
8.1. The cashaa exchange service is provided ‘as is’ and without any representation or warranty, whether express, implied, or statutory, except as expressly provided in these general terms, to the extent permitted by applicable law. Cashaa disclaims all other representations or warranties, express or implied, made to you, your affiliates or any third party, including without limitation, any warranties regarding quality, suitability, merchantability, fitness for a particular purpose or otherwise of any service or any goods provided incidental to the cashaa exchange service under these general terms.
Cashaa liability in respect of the representations and warranties, which cannot be excluded, is limited to any of the following options chosen by cashaa, at our sole and absolute discretion.
- Re-supplying, replacing or repairing the cashaa exchange service in respect of which the breach occurred; or.
- Paying the cost of the re-supplying, replacement or repairing of the cashaa exchange service in respect of which the breach occurred.
8.2. Notwithstanding any provisions in these general terms, in no event shall we or any of our representatives or partners be liable to you for any losses, damages or claims:
- Due to an unusual or unforeseeable event outside our reasonable control, the consequences of which could not have been avoided even if all due care had been exercised (e.G. Force majeure, including acts of god, war or civil unrest, disasters, acts of domestic or foreign courts and governmental authorities, strikes, lockouts, labour disputes, terrorist acts, riots).
- Arising from or in connection with:
- Any delay, suspension, discontinuation, interruption of the cashaa platform or the cashaa exchange service.
- Failure or interruption in public or private telecommunication networks, communication channels or information systems.
- Acts or omissions of acts of a party for whom we are not responsible.
- Delay, failure or interruption in, or unavailability of, third-party services.
- Any refusal to process or authorize, or any reversal of, any exchange or other transaction for any reason.
- Your inability to effect or complete any exchange or other transaction due to system maintenance, breakdown or non-availability of the cashaa platform or the cashaa exchange service.
- Any unauthorized or ineligible use of the cashaa exchange service contrary to these general terms.
- Reversal or adjustment of any exchange transaction in accordance with art. V.8.
- Due to compliance with any applicable law, court orders or acts of any governmental authority.
- Resulting from hacking, tampering, computer virus transmission or other unauthorized access or use of the cashaa exchange service, your cashaa account or any information contained therein.
8.3 Notwithstanding any provisions in these general terms, in no event shall we be liable to you for any type of incidental, special, exemplary, punitive, indirect or consequential damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology, loss of data, or interruption or loss of use of service or equipment, regardless of whether such damages being direct or indirect, foreseeable or unforeseeable, or even if you have been advised of the possibility of such damages, and whether arising under theory of contract, tort, strict liability or otherwise.
8.4. In no event will our aggregate liability for any loss or damage arising in connection with the cashaa exchange service and these general terms exceed the fees you paid to cashaa for your use of the cashaa exchange service during the 12-month period immediately preceding the event, giving rise to the claim for liability, if any. The above shall apply to the fullest extent permitted by the relevant applicable law.
8.5. We shall not be liable for any fault on the part of any third-party service provider instructed by us. In any such cases our liability will be limited to using reasonable care in the selection, appointment and instruction of such third-party service providers (but not of any sub-contractor or other third party such a third-party service provider may use).
8.6. Nothing in these general terms shall operate to limit or exclude any liability for fraud or gross negligence.
9. Default. indemnification
9.1. The occurrence of one of the following events constitutes an Event of Default:
- The Client breaches any of the Client’s obligations or warranties under these General Terms.
- It is or becomes illegal for the Client to perform the Client’s obligations under this Agreement.
- Cashaa is unable to contact the Client in accordance with the Client’s most recent instructions for sending correspondence.
9.2. In case of an Event of Default, Cashaa is entitled:
- To terminate this Agreement with immediate effect.`
- To take any action it deems necessary to protect its interests.
9.3. You shall defend, indemnify, and hold harmless Cashaa, its affiliates, third-party service providers, each of their respective employees, officers, directors and representatives from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees), arising out of or relating to any third-party claim concerning these General Terms or your use of the Cashaa Exchange Service in violation to these General Terms or any applicable law.
10.1. This Agreement shall be terminated immediately by closing of your Cashaa Account, on the grounds of Art. IX.2, Letter a) or otherwise, and discontinuing use of the Cashaa Exchange Service. The Agreement can be terminated upon written notice by Cashaa if Cashaa discontinues the offering of the Cashaa Exchange Service, regardless of the reasons.
10.2. In the event that your suspended or closed Cashaa Account has an outstanding balance, you are entitled to recover the relevant Digital Assets, together with the Interest accrued thereon, respectively the fiat equivalence of the latter, unless we are prohibited by any Applicable Law or a court order to release them, including but not limited to the case that we have reasonable grounds to suspect that the Digital Assets or the funds used for purchase of the Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities.
10.3. The termination of this Agreement shall not prevent any Party from seeking any remedies against the other Party for any breach of this agreement occurring prior to such termination.
11.1. Any notice required or made under these General Terms from Cashaa to the Client shall be considered validly received when addressed to the Client’s last used e-mail address, mailing address or phone number. Additionally, we may provide notices through posting on the Cashaa Platform.
11.2. Any notice required or made under these General Terms by the Client to Cashaa shall only be made through an e-mail in English, sent to support@Cashaa.io.
12. Governing law and jurisdiction
12.1. The agreement shall be governed exclusively by the substantive law of England and Wales.
12.2. Any dispute arising out of or in connection with the Agreement, including with these General Terms, unless amicably settled between the Parties, shall be referred to the competent court in London, England, determined as per the procedural law of England and Wales. You agree that any dispute resolution proceeding subject to the Applicable Law under the preceding sentence shall be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated or representative action or proceeding. No court or other dispute resolution authority can consolidate or join more than one claim and can otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded cannot affect other Clients of Cashaa.
13.1. The Intellectual Property remains an exclusive property of Cashaa and cannot be reproduced, displayed, distributed, republished, broadcasted, transmitted, modified or used in any other manner or by any means by the Client, except upon our prior explicit written consent.
13.3. Cashaa shall reserve its right to amend or supplement these General Terms from time to time. Any such amendments or supplements shall become valid and in full force as of the date of their publishing on the Cashaa Platform unless otherwise indicated. You shall regularly check the Cashaa Platform to inform yourself about any such amendments or supplements. By continuing to use the Cashaa Exchange Service, after any such amendments or supplements have taken effect, you thereby indicate your acceptance of the amended or supplemented General Terms. If you do not wish to be bound by any amendments or supplements to these General Terms, you shall discontinue your use of the Cashaa Exchange Service immediately.
13.4. The descriptive headings in these General Terms are inserted for convenience only and shall not affect the interpretation of this Agreement.
13.5. The invalidity of the whole or part of any provision of these General Terms shall not affect the validity of the whole or part of any other provision of these General Terms. The remaining provisions of these General Terms shall remain in full force and effect.
13.6. The failure by Cashaa to exercise or enforce any right or provision of these General Terms shall not constitute a present or future waiver of such right or provision.
13.7. Providing you with the Cashaa Exchange Service does not make Cashaa your trustee or investment adviser and no fiduciary relationship exists between us. We have no trust or other obligations in respect of your Cashaa Account other than those expressly specified hereunder.
13.8. None of your rights and obligations arising out of the Agreement are assignable or transferable, without the prior written consent of Cashaa. Cashaa shall reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time, without notice or your consent.
13.9. Except for the legal entities belonging to the Cashaa group of companies, a person who is not a party to this Agreement, shall not be entitled to enforce it.
13.10. Any issues which are not settled hereby shall be governed by the Cashaa Wallet Services General Terms and Conditions. In case of any discrepancies between the present General Terms and the Cashaa Wallet Services General Terms and Conditions, these General Terms shall prevail.
13.11. This Agreement is prepared and concluded in English language. In case it or any part thereof is translated into another language for whatever reason, the English version shall prevail.