Terms and conditions for all P2P trading

Published by Mariusz Sperczyński on

Terms and conditions for all kinds of P2P trading with us

Ref.: All kinds of trading as mentioned on https://blockenomy.com/2020/09/01/blockenomy-services-opened/

Blockenomy is an agent and also a board member of famous FlyingAtom at the FAPL brand. All P2P trading we do as-and-for FAPL – Thank you for visiting us: “FAPL is a legal Polish cryptocurrency company operating on the market since 2015. Buy / sell cryptocurrencies directly, with electronic payments. We have served several thousands of customers along with their satisfaction with our services” (www.flyingatom.pl, www.flyingatom.com).

Important at trading with Blockenomy:

  • To preserve privacy, payment instructions will be shown to the buyer only when crypto is deposited already into escrow and only after the contract changes its status to “in progress”.
  • If successful deposited, the buyer does make the payment. Next, the buyer marks this contract as paid, which means they already sent the payment to the seller, using the payment method specified in the contract. The seller should check for payment carefully during the payment window, to react as soon as possible to the buyer after delivery of the payment .
  • If the seller receives the payment, they should release the locked cryptos from escrow. That action will successfully complete the contract. If, however, the seller doesn’t see the payment in time for the payment window of this contract to expire and you suspect something’s wrong, you will be able to start dispute.
  • For all EUR SEPA international wire transfers – the payment window is “not later than 2 working days after the day of the contract”. The international EUR SEPA wire takes usually 8-14 working hours, but SEPA system works effectively by sending from Monday to Friday from 7:30 am till 3pm. It means for example when you send on Monday about 1pm (2 hours before closing the sending window), it should arrive on Tuesday around noon or even afternoon. But for example of you send on Monday about 4pm (1 hour after closing the sending window), it can arrive on Tuesday afternoon/evening, but sometimes even on Wednesday around noon or even afternoon.

TERMS and CONDITIONS during all P2P trading with Blockenomy:

INTRODUCTION

This is an agreement between you or the entity that you represent (“You” or “Your” or “User”) and Blockenomy as an Agent (in the meaning of Civil Code General Act in Poland) of  FAPL Sp. z o.o. (“FAPL Sp. z o.o.” or “us” or “our” or “we”) governing your trading with us (“Service” or “Services”).

By using Blockenomy services at trading & exchanging (including P2P) you take services of  FAPL Sp. z o.o. Services, you further represent and warrant that:

  • you are at least 18 (eighteen) years old;
  • you have will, full legal power, authority and capacity to enter into the Agreement;
  • you agree to be bound by these Terms of Service, including by their future amendments if any;
  • you are acting in compliance with the legislation of the jurisdiction you operate in, and with any other applicable legislation;
  • in accordance with any law you have to comply with, it is not forbidden to use our Services;
  • you will not use our Services for any purpose which is unlawful or prohibited by the Agreement;
  • you have not previously been suspended or removed from using our Services;
  • you have read, understand and completely agree to these Terms of Service as a whole, and to each of the Terms of Service provisions separately;
  • all of your previous representations were made responsibly and you have fully understood the meaning of all sentences and separate words;
  • you are not a citizen or tax resident of the United States of America, North Korea, Iraq, Syria, and/or Sudan;

DEFINITIONS

General Terms – these terms of service;

Blockenomy – an Agent of FAPL Sp. z o.o. – limited liability company incorporated under the laws of Poland, the EU, with business number 696416;

**Services – all services which are provided by Blockenomy as the Agent of FAPL Sp. z o.o. to the User under the rules of the Agreement through the P2P trading/exchanging of crypto & virtual assets**

**User – an individual or a company who has an account (record) created by using FAPL Sp. z o.o. Services. Any User is deemed to have entered into the Agreement;

**User Account – a common account (record) created by using FAPL Sp. z o.o. Services and associated to the specific User which allows this User to access all FAPL Sp. z o.o. Services;

USING OUR SERVICES

Registration and User Accounts

**Before access to the Services is granted to you, you need to create a User Account with the one of Blockenomy systems are mentioned on https://blockenomy.com/2020/09/01/blockenomy-services-opened/. During the account creation (sign up) process you will be asked to provide certain registration details, such as your email, nickname, password, etc. The list of mandatory information to be provided may be changed from time to time by the systems unilaterally.

KYC/AML

**Without KYC/AML we offer trades only under 15,000 EUR in ous systems. Regarding our legal frames, till 15k EUR deal with an User, we don’t do any report to the financial supervision. Simply we keep it privately in our company, and will report it as a private deal in our bookkeeping, and calculate our income tax at this. Then we will send this tax to the tax office.

No more KYC/verification is needed if User is an individual, because the User uses SEPA EUR payment system by takin our Services, where the User has been verified by the banking system.

If the User is a company, the above exception is not eligible and please do not use our Services until you contact with us before for the KYC/AML verification. As said above – individuals do not do any additional KYC/AML when use our Services under 15,000 EUR per trade.
Each user has possibility of no limit after succesful KYC/AML verification.

Limitation of Access, Suspension and Termination

We may terminate, suspend, or limit your access to our Services we offer at our sole discretion, if:

  • you violate (or have violated at any previous point in time) these General Terms and/or any agreement you enter into with FAPL Sp. z o.o.;
  • we have a reason to believe that your use of the Services violates any applicable law and/or regulations;
  • we have a reason to believe that during the registration, and/or verification, and/or at any other point in time, you have provided us with false, inaccurate, incomplete, misleading and/or fraudulent information;
  • you failed and/or refused and/or delayed to take actions prescribed by the decision of FAPL Sp. z o.o. and/or refused to cooperate regarding the dispute you were involved in;
  • we are required to do so by any applicable law and/or order issued by the state authority;
  • you have been reported by one or more users as a scammer.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

You expressly agree that the use of FAPL Sp. z o.o. Services is at your sole risk.

ALL BLOCKENOMY-AS-FAPL SP. Z O.O. SERVICES ARE PROVIDED FOR YOUR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT.

We reserve the right to:

  • modify any part of the FAPL Sp. z o.o. Services at any time at our sole discretion and without any notice;
  • modify, alter, and/or discontinue any aspect of the Services at any time at our sole discretion and without any notice;

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAPL SP. Z O.O. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAPL SP. Z O.O. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES THAT SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER WHICH MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, LOST PROFITS, DESTRUCTION OR ALTERATION OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE SITE. FAPL SP. Z O.O. DOES NOT GUARANTEE THE POSSIBILITY OF BEING ABLE TO USE THE SERVICES DUE TO CIRCUMSTANCES INDEPENDENT OF FAPL SP. Z O.O.. SUCH AS CYBER ATTACK OR SERVER FAILURE.

To the fullest extent permitted by law, in no event will FAPL Sp. z o.o., its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assignors, suppliers, or licensors be liable for:

  • any economic losses (including but not limited to, loss of revenues, profits, contracts, business or anticipated savings); or
  • any indirect, special, incidental, punitive, exemplary, or consequential damages; or
  • any loss of data, goodwill or reputation.

FAPL Sp. z o.o. will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this site. Although the information provided to you on this site is obtained or compiled from sources we believe to be reliable, FAPL Sp. z o.o. cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose.

INDEMNIFICATION FOR THIRD PARTY CLAIMS

You agree to fully indemnify FAPL Sp. z o.o. against, and hold harmless from, any and all claims, liabilities, losses, damages, costs, expenses, interest, awards, judgments, legal actions and penalties (including reasonable fees for outside counsel, lawyers, accountants and other outside consultants) suffered or incurred as a result of a third party claim against FAPL Sp. z o.o. if such claim will be caused by your use of the Services (or use by any other person accessing the Services using your User Account) or your violation of any law or rights of any third party.

TRANSFER OF RIGHTS AND ASSIGNMENT

FAPL Sp. z o.o. is entitled to transfer or assign its rights and obligations under this Agreement to any person either natural or legal, at any time without notice to you. However, such transfer or assignment may not affect your rights or our obligations under this Agreement.

At the same time, you may not transfer or assign any of your rights and / or obligations under this Agreement to any other person without our expressed written acceptance.

GENERAL PROVISIONS

The client acknowledges that the official language of FAPL Sp. z o.o. is the English language. In case of a conflict between the English language and any other language of our Services – English language shall prevail.

This Agreement constitutes the entire agreement and understanding between you and the FAPL Sp. z o.o. parties with respect to the subject matter of this Agreement and completely supersedes all prior oral and/or written agreements and understandings between you and FAPL Sp. z o.o. before this Agreement with respect to the subject matter hereof.

You hereby acknowledge and represent that you have not relied on any representation, assertion, guarantee, or other assurance, except those set out in this Agreement, made by or on behalf of any other party prior to the execution of this Agreement.

You hereby certify that you have understood every single rule of the Agreement.

If any provision of this Agreement is held invalid, the invalidity shall not affect other provisions of the Agreement which can be put into effect without the invalid provisions, and to this end, the provisions of this Agreement are declared to be severable.

If you communicate with FAPL Sp. z o.o. by email, you should note that the security of Internet email is uncertain. By sending sensitive or confidential email messages which are not encrypted you accept the risks of such uncertainty and the possible lack of confidentiality over the Internet. The Internet is not 100% safe and someone may be able to intercept and read your details.

This site and the information, tools and material contained in it are not directed to, or intended for distribution to, or use by, any person or entity who is a citizen or resident of, or located in, any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation which would subject FAPL Sp. z o.o. or its affiliates to any registration or licensing requirement within such jurisdiction.

You agree that this Agreement and any dispute between you and us shall be governed in all respects by the laws of Poland, without regard to their choice-of-law provisions, and excluding the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Except if prohibited, and not limited to, you agree that all disputes, claims and proceedings arising out of, or relating to the services, shall be resolved by the competent courts of Warsaw, Poland. However, we shall always have the right to take legal proceedings in the court of competent jurisdiction of your domicile.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

You will attempt to resolve all disputes with respect to the Services through communication with the customer service of FAPL Sp. z o.o. on www.flyingatom.pl . If parties are unable to resolve the dispute, You must use the dispute resolution mechanism discussed above.

To the fullest extent permitted by applicable law, you agree that any claim against FAPL Sp. z o.o. must be commenced within one (1) year after the date, the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.

PRIVACY

Any personal information you provide us will be treated as confidential and shared only within the Company, its affiliates and its business partners and will not be disclosed to any third party except under any regulatory or legal proceedings. The information we obtain is used to improve the content of our Services and may be used by us to contact you, by any appropriate means, and to provide you with any information we believe may be useful to you.

HOW TO CONTACT US

You can contact us at any time by sending the respective question, notice or request to our offer via one of contact methods are mentioned on this website. In the event you have not received respective notification, please consider your letter undelivered and send it to us one more time.

By using the Services, you agree that any notice, disclosure, agreement or other communication that we send to you electronically via our systems will satisfy any legal communication requirements, including but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.