1. GENERAL PROVISIONS
• 1.1. This Agreement is established between UAB Mizarex(referred to as the Company) and the Client.• 1.2. Purpose of the Agreement: This Agreement establishes the primary Terms and Conditions governing the relationship between the Client and the Company when the Client registers in the MIZAREX system and utilizes other services provided by the Company. In addition to this Agreement, the interactions between the Company and the Client concerning the provision of Services are governed by applicable legal statutes, Additions to the Agreement made with the Client, as well as the principles of fairness and prudence applied to the Client.
• 1.3. UAB Mizarex operates under the regulation and offers services for the purchase and sale of goods in compliance with Lithuanian laws.
2. AMENDMENTS TO THE TERMS & CONDITIONS
2.1 The Company reserves the right to periodically amend, modify, update, or alter any provisions of the Terms & Conditions. This may occur due to legal and regulatory changes, security concerns, or adjustments to the Services.
2.2 Unless explicitly stated otherwise in the Terms & Conditions, the Company will inform you of any such amendments, modifications, updates, or changes by either publishing a new version of the Terms & Conditions on the relevant page of the Website or notifying you via email, at our discretion. Unless specified otherwise in the Terms & Conditions, any new version of the Terms & Conditions will become effective 14 (fourteen) days after its publication on the Website (or earlier if mandated by applicable laws, regulations, or directives pertaining to either the Company or the Client). By clicking an “Accept” button or checkbox accompanying the modified Terms, or by continuing to access or use the Services, the Client confirms their acceptance of the modified Terms.
2.3 If you have any inquiries regarding the use of the website, please reach out to our Support Team by submitting a request to [email protected].
3. REGISTRATION IN THE SYSTEM AND CREATION OF THE MIZAREX ACCOUNT
3.1. Clients intending to utilize Company services must undergo registration in the System.
3.2. During the registration process in the System, a MIZAREXAccount is generated for the Client. This account is strictly personal, and only the designated owner, namely the Client, retains the right to access it (log in).
3.3. Each Client is permitted to possess only one Account. In cases where the Company suspects the Client of maintaining multiple accounts, the Company reserves the right to close the Client's accounts and/or terminate the Agreement without prior notice.
3.4. The Agreement becomes effective once the Client familiarizes themselves with the terms of the present Agreement and the Privacy Policy, registers in the System, and electronically expresses their consent to adhere to them. This Agreement remains valid indefinitely.
3.5. Clients must be at least 18 (eighteen) years old to register in the System and utilize Company services.
3.6. The Company does not provide services in countries subject to financial sanctions imposed by Lithuania and in accordance with FATF recommendations. Services are also not extended to non-EU and non-CIS citizens, except for the United Kingdom, Norway, and Switzerland. Additionally, services are not provided to those who have been previously suspended or removed from using our Services, and individuals must possess the full power and authority to enter into this agreement without violating any other existing agreements.
3.7. Clients confirm the accuracy of the data provided during registration in the System. Any subsequent changes or additions to this data must also be accurate. Clients are liable for any losses resulting from the submission of incorrect data.
3.8. Client identification (verification) must be conducted according to the circumstances and procedures outlined in the Agreement or the System. For registration at MIZAREX, the Company requests the following information: name, surname, email, phone number, and referral code (optional). To initiate the use of Company services, the Client must complete the KYC form, providing a passport, ID card, or driving license, along with a utility bill (Proof of Address). Additionally, the Client must submit a photograph of themselves holding the identification document alongside their face. If the Client's turnover at the Company account exceeds EUR 15,000.00, the Company requires information regarding the Client’s source of funds. The expiry date of passports, ID cards, and driving licenses must be more than one month. Acceptable proof of address documents include household utility bills, bank statements, tax documents, and local authority tax bills, which should not be more than three months old and should display the Client's name and current address.
3.9. The Company reserves the right to request additional data and/or documents from the Client to aid in identification. The specific data and/or documents required will be communicated to the Client through a message regarding the necessity of the identification procedure.
3.10. During Client identification, the Company may request originals or copies of documents, which may need to be notarized or certified by an authorized person if required by the state.
3.11. The Company may request personal information from the Client, including but not limited to name, address, telephone number, email address, date of birth, source of funds, financial status, and occupation. Additionally, the Company may verify the Client’s details at any time by requesting certain documents, such as government-issued identity cards and proof of address. The Company may also request further information to fulfill its anti-money laundering (AML) and know your client (KYC) obligations. Copies of these documents may need to be notarized at the Client's expense. If Company's internal security checks indicate potential tampering or misleading information, the Company reserves the right to reject such documents and may terminate the Client's account and these Terms & Conditions.
3.12. Clients will receive confirmation of their Account via the email address provided during registration in the System.
3.13. The Company reserves the right to correct data entered by the Client based on the information provided. Minor discrepancies (1-2 signs) may be corrected by the Company. If significant discrepancies exist between the personal data entered by the Client and the provided proof of identity documents, the request for identification may be declined. If multiple Accounts are inadvertently created due to inaccurate data, the Client must inform the Company so that all accounts can be consolidated into one.
4. LEGAL AGE AND RESTRICTED TERRITORIES
4.1 The Services are exclusively available to individuals who are at least 18 years old (or meet the legal age requirement in their jurisdiction). The Client affirms and guarantees that if they are an individual, they meet the minimum age requirement and legal capacity in their jurisdiction to enter into a binding contract, and that all registration information provided is accurate and truthful. MIZAREX reserves the right to request proof of age from the Client, and their account with MIZAREX may be temporarily suspended until satisfactory proof of age is provided.
4.2 Our Services are accessible to citizens of the following countries: Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Kazakhstan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tajikistan, Ukraine, United Kingdom, Uzbekistan. The Client may not utilize the Services, Platform, and/or the Website if they are located in or are residents of geographic areas where access to or use of the Services, the Website, and/or the Platform is prohibited by applicable laws, regulations, treaties, or administrative acts. These areas include, but are not limited to, the following territories: United States Of America, Donetsk People's Republic, Kuwait, Qatar, Saudi Arabia, Serbia, Turkey, United Arab Emirates, Bahrain, Belarus, Bangladesh, Crimea, Egypt, Ethiopia, Jordan, Lebanon, Libya, Luhansk People's Republic, Mali, Mauritius, Morocco, Oman, Somalia, Sri Lanka, Trinidad & Tobago, Tunisia, Afghanistan, Algeria, Indonesia, Malaysia, Nigeria, Democratic Republic of Korea (North Korea), South Sudan, Sudan, Yemen, Iran, Iraq, Occupied Palestinian Territories, Pakistan, Russian Federation, Sevastopol, Syria, Vanuatu, and Ethnic groups of Caucasus belonging to the Russian Federation (Chechens, Lesgids, Ossetians, Ingushes, etc.) ("Restricted Territories"). Additional geographic areas may be subject to partial restrictions, as notified by the Company periodically. The list of Restricted Territories may change over time due to licensing requirements and other legal and regulatory changes.
4.3 Without prejudice to Section 4.2, the Client agrees not to use the Services in any jurisdiction where it is prohibited by law or regulation.
4.4 The Client acknowledges and agrees that MIZAREX cannot provide any legal advice or assurances regarding the legality of using the Services in their jurisdiction. MIZAREX makes no representations whatsoever regarding the legality of the Services in the Client’s jurisdiction.
5. PRICES OF COMPANY SERVICES AND SETTLEMENT PROCEDURE
5.1 Clients have the option to utilize the Company's services through the Website, which include purchasing cryptocurrency from the Company and storing cryptocurrency in a cryptocurrency wallet provided by the Company.
5.2 The rate at which the Company sells Cryptocurrency is determined in accordance with Section 6 below.
5.3 Client's access to the Services is contingent upon the completion of the Company's KYC process to the Company's satisfaction. The Company reserves the right to retain such data on its systems for future verification purposes.
5.4 The minimum order size for Cryptocurrency via bank transfer is EUR 1000.00, whereas for payment card orders, the minimum size is EUR 10.00. Any alterations to the minimum order size will be effective upon publication on the Website, and the Client's continued use of the Services will indicate acceptance of such changes.
5.5 The fee charged by the Company to the Client for the purchase of Cryptocurrency is 5% for wire transfers and 5.5% for debit/credit card payments. Any modifications to the Fees will become effective upon publication on the Website, and the Client's continued use of the Services will signify acceptance of such changes.
5.6 Purchase of Cryptocurrency by the Client: Upon opening an account, the Client can purchase Cryptocurrency from the Company in exchange for EUR. Upon receipt of the Client's payment in FIAT Currency, subject to the Terms & Conditions, the Company shall deliver the purchased Cryptocurrency to the Client's virtual wallet address, either internal or external.
5.7 The Company retains sole discretion to: (i) provide the Client with the Services; and/or (ii) reverse any of the Client's orders and/or transactions. For instance, to ensure liquidity for its users, the Company may trade cryptocurrency with other exchanges. If a certain Cryptocurrency lacks sufficient liquidity, the Company may pause, decline, or reverse the Client's order for purchasing said Cryptocurrency.
5.8 The Client acknowledges that certain limits may apply to the sale of Cryptocurrency, as determined by the Company's policies, including limits on volume and the Company's KYC process. The Company reserves the right to adjust such limits at its discretion.
5.9 The Company reserves the right to refuse, cancel, or reverse any purchase of Virtual Currencies from the Client in its sole discretion. This may occur if the Client lacks sufficient FIAT Currency or if transferring FIAT Currency is not feasible, even after funds or Cryptocurrency have been debited from the Client's account.
5.10 The Company reserves the right to process a Client's order if the amount of fiat currency received differs from the order amount by no more than EUR 20.00. If the discrepancy exceeds EUR 20.00, the Company will contact the Client via email to rectify the situation. If no response is received within 3 business days or if the Client refuses to place a correct order, the Company will issue a refund to the original sender.
5.11 When a client initiates a sell order and submits cryptocurrency for exchange, the orders will be closed with a market type order at the current market rate compiled from multiple exchanges.
5.12 The fees associated with buying Virtual currency are as follows:
VISA/MasterCard
• Processing fee: 5.5%
• Network fee: 0.00075 BTC / 40 USDT ERC20 / 4 USDT TRC20 / 60 TRX / 0.00101 LTC / 0.04 XRP / 2 ADA / 0.5 DASH
SEPA
• Service fee: 5%
• Network fee: 0.00075 BTC / 40 USDT ERC20 / 4 USDT TRC20 / 60 TRX / 0.00101 LTC / 0.04 XRP / 2 ADA / 0.5 DASH
5.13 The fees associated with selling Virtual currency are as follows:
SEPA
• Processing fee: EUR 5
• Service fee: 5%
Visa / Mastercard
• Processing fee: 5.5%
• Service fee: 0.5%
5.14 The Client acknowledges that after the initial payment, they have 48 hours to complete the verification process. Failure to do so within the specified timeframe will result in the Company refunding the money to the Client's account.
6. SALE PRICE OF CRYPTOCURRENCY
6.1 All sale prices of Cryptocurrency will be denoted in fiat Currency as determined by MIZAREX.
6.2 You acknowledge and agree that any price or rate of Cryptocurrency displayed on the Website, at which we sell Cryptocurrency, is accurate only at the moment of display due to the highly volatile nature of Cryptocurrency prices and the time required to complete transactions. This timeframe may vary based on the payment method and third-party payment processors utilized by either you or us. The Final Price of your transaction will be the rate displayed on the Website upon execution and as indicated in the order transaction summary, with the deduction of the Transaction Fee.
6.3 You understand and agree that the Final Price may differ from any previously available rate on the Website, reflecting fluctuations in value that may occur. These fluctuations could result in changes either advantageous to you or to us, and we have no control over such variations.
7. ACCOUNT OPENING
7.1. According to this Agreement, a Company Account is established for the Client indefinitely.
7.2. If the Client chooses to terminate the Agreement or if the Company discontinues providing the Company Account service to the Client, any funds held in the Client's Account will be transferred to the Client's designated bank account or to another payment system account specified by the Client (under no circumstances to a third-party account, as such accounts are not supported for withdrawal, refund, or return). The Company reserves the right to withhold from the refunded funds any amounts owed to the Company. In the event of a dispute between the Company and the Client, the Company may retain funds under dispute until resolution of the dispute.
8. USAGE OF MIZAREX ACCOUNT
8.1. The Client has the ability to manage their Company Account online by logging in with their designated username and password. It is imperative for the Client to create a robust password unique to this platform and refrain from using it elsewhere.
8.2. In the event that the Client provides incorrect data regarding the recipient of virtual and/or fiat currency, it will be deemed that the Company has fulfilled its obligations appropriately, and no reimbursement of the transferred amount will be made to the Client. The Client may only cancel an order initiated through the Services before MIZAREX executes the transaction. Once executed, the Client cannot alter, withdraw, or cancel authorization for MIZAREXto complete the transaction.
8.3. If virtual and/or fiat currency is erroneously credited to the Client's MIZAREX account or received without legal basis, the Company reserves the right, with the Client's irrevocable consent, to deduct such currency from the Client's MIZAREX Account. If the credited amount exceeds the balance in the Client's MIZAREXAccount, the Client is obligated to repay the excess currency within three business days of receiving a request from the Company. Should the Client notice the transfer of virtual and/or fiat currency not belonging to them into their MIZAREX Account, they must promptly notify the Company and refrain from managing such funds. The Client is required to return erroneously credited currency to the Company.
8.4. The Client affirms that:
• Any incoming virtual and/or fiat currency to their Company Account is obtained legally.• The Services provided by the Company will not be utilized for unlawful purposes, including the laundering of illicit funds.
• The decision to use the Services, Platform, and Website is made at their own discretion and risk.
• Engaging with high-risk assets like Bitcoin or other cryptocurrencies carries significant risks, and neither the Company nor its staff are liable for any resulting losses.
• They are responsible for safeguarding their private key, username, and password on their personal computer or internet access point. Any compromise due to malware or viruses on the client's device is their sole responsibility. Any attempted hacking or security breaches should be immediately reported to MIZAREX.
• The personal (external) virtual wallet address to which the Company transfers Cryptocurrency belongs to and is owned by the Client.
• During system maintenance, the Client acknowledges sole responsibility for managing risks associated with their cryptocurrencies.
8.5. Client actions performed on third-party websites or platforms, following login and identification via their Company Account, are considered as electronically signed agreements.
8.6. Management of the MIZAREX Account online:
• To execute a payment operation online, the Client must complete and submit the order electronically via the System, consenting to its execution.• Submission of the order implies the Client's agreement to proceed with the Payment operation, which may be canceled by the Client.
8.7. If the Client reaches a predetermined limit on their MIZAREXaccount (as defined by the Company), they must adhere to the steps communicated by the Company.
8.8. If the Client's MIZAREX Account lacks sufficient funds to fulfill an order through the Services, the Company will cancel the entire order.
9. MIZAREX ACCOUNT FUNDS
9.1. To initiate an order, the Client must first deposit Funds into their MIZAREX Account using one of the approved External Accounts specified through the Services. Verification of the External Account used to deposit Funds into the MIZAREX Account may be required. The Client assumes sole responsibility for the use of any External Account and agrees to adhere to all terms and conditions applicable to such External Account.
9.2. The timeframe associated with a deposit transaction may vary, partly depending on the performance of third parties responsible for maintaining the relevant External Account. MIZAREX does not guarantee the duration of time it may take to deposit Funds into the MIZAREX Account.
9.3. The Company reserves the right to record and store all orders submitted through agreed-upon methods and to document all transactions conducted by the Client or as per the Client's instructions. Records mentioned herein may be provided by the Company to the Client and/or third parties entitled to receive such data as evidence confirming submitted orders and/or executed transactions.
9.4. The Company may refuse to execute a submitted order if there are suspicions that the order was not submitted by the Client or if the documents submitted to the Company are fraudulent. In such cases, the Company may demand additional confirmation of the order and/or submission of documents verifying the authority of individuals to manage the Funds held in the Account or other documents specified by the Company at the Client's expense.
9.5. Prior to executing a Payment order submitted by the Client, the Company may request documents proving the legal source of the funds related to the execution of the order. Failure to provide such documents may result in the Company refusing to execute the Client's order.
9.6. The Company reserves the right to suspend and/or cancel the execution of a Client's submitted order if required by applicable laws or due to other circumstances beyond the Company's control.
9.7. In the event of the Company refusing to execute a Client's submitted order, the Client will be promptly notified, except when such notification is technically unfeasible or prohibited by legal regulations.
9.8. The Company does not accept or execute Client orders to perform operations on the Client's Account if the funds in the Account are frozen, the Client's right to manage the funds is legally restricted, or if operations conducted by the Company are suspended as described by applicable laws.
9.9. If funds transferred by an order are returned due to reasons beyond the Company's control (such as inaccurate payment order details or closure of the recipient's account), the returned amount is credited to the Client's Account. Fees paid by the Client for executing the order are non-refundable, and any other fees and costs related to the return of funds and incurred by the Company may be debited from the Client's Account.
9.10. Client transactions are subject to monitoring. The Client must provide the Company with all necessary information regarding completed payment operations within three working days of receiving the respective request. Failure to provide requested information or providing incomplete or false information may result in the suspension of some or all services to the Client or termination of the Agreement by the Company.
9.11. The Company may review Client withdrawal transactions to mitigate risks, prevent money laundering, and determine if the transaction is linked to any Prohibited Activity as outlined in section 8. If the Company identifies a risk, it reserves the right to refuse the Payment Order.
9.12. If the Client has opened a MIZAREX Wallet, only digital assets may be used to fund the account. MIZAREX will not accept fiat currency to fund a Digital Assets Only Account. If fiat currency is mistakenly transmitted for such purpose, it will be returned to the sender, less applicable transfer fees set by the Company.
9.13. The Client agrees to maintain a sufficient amount of Funds in their MIZAREX Account/Wallet to meet minimum balance requirements set by MIZAREX for currency exchange activities. Failure to maintain sufficient Funds may result in transactions being automatically halted without notice. MIZAREX may modify these minimum balance requirements at its discretion.
9.14. Only valid payment methods specified by MIZAREX may be used for Company Services.
9.15. All exchanges of fiat and virtual currency via MIZAREXService are irreversible. The Company does not accept returns or provide refunds to the Client, except as otherwise stated in these Agreement terms.
10. SUBMISSION AND CANCELLATION OF CONSENT, ORDER CANCELLATION, AND REFUND POLICY
10.1. Authorization of a Payment operation is only deemed valid once the Client provides Consent. Consent can be confirmed through an electronic signature, Password, or descriptor provided by the Company, appearing on the Client’s bankcard statement. Consent confirmed via any method outlined in this clause is considered valid by the Client, carrying the same legal weight as a paper document signed by the Client. Such Consent can serve as evidence in disputes between the Company and the Client in legal proceedings. The Client cannot dispute a Payment operation executed by the Company if the Payment order has been confirmed by Consent via the methods defined in this clause.
10.2. The Client agrees that, during the execution of a Payment operation, the Company may transfer the Client's Personal data to entities directly involved in the execution of such Payment operation, including international payment card organizations and other Banks/Companies.
10.3. Should the Client wish to return Cryptocurrency purchased from MIZAREX, MIZAREX may, at its discretion, repurchase it from the Client at the prevailing market rate minus the applicable service fee. For this purpose, the Client should contact MIZAREX via email at [email protected]. The Client must provide all necessary documents requested by MIZAREX (such as identification documents) and sign a refund invoice issued by the Company in the Client's name.
10.4. The refund policy exclusively pertains to funds sent to MIZAREX in accordance with orders placed on the platform. Cryptocurrency purchases made via third-party exchanges other than MIZAREX are not eligible for refunds.
10.5. Under rare circumstances, and at its discretion, the Company may sell cryptocurrency funds on behalf of the Client and provide an equivalent return in fiat currency, subject to fluctuations in the exchange rate. Due to the high volatility of crypto assets, the amount returned to the Client in fiat currency may differ from the initial amount sent by the Client when placing an order with MIZAREX.
10.6. In exceptional circumstances specific to wire transfers made to MIZAREX, such as failure to provide the required KYC documents, sharing login credentials with a third party, or canceling the order, MIZAREX reserves the right to cancel the wire transfer order. In such cases, if MIZAREX has already received funds from the Client for the order, it will refund the funds to the Client, subject to applicable laws and regulations.
10.7. Any refunds will be made to the original source from which the funds originated, after deducting any applicable costs or expenses incurred by MIZAREX, including wire transfer charges, currency exchange charges, and/or payment processing charges. At MIZAREX’s discretion, funds may be returned to another account where the Client is the beneficiary, provided the required documents and information are provided to verify ownership of the account.
10.8. To comply with regulations and prevent illegal activities, all refund-related payments and information may be subject to verification by MIZAREX. In such instances, the Client may be required to provide documents and information, including identification documents and bank details. Failure to provide the requested documents or doubts about their authenticity may result in the suspension of the refund process until the Client takes appropriate action as requested.
10.9. MIZAREX reserves the right to cancel orders without refunds or decline refund requests if there are suspicions of fraudulent or illegal activity by the Client.
10.10. For payments made via credit or debit cards, payment processing and order settlement may take up to 72 hours, subject to system workload.
10.11. Refunds will be processed promptly, within 7 (seven) business days from the cancellation of the order, provided the Client fulfills all requirements and provides any necessary information or documentation requested by MIZAREX.
10.12. MIZAREX offers Clients the option to address service-related issues before submitting a written complaint to their bank. In cases of suspicious account activity, MIZAREX may suspend account activity for internal investigation purposes.
10.13. Any fees incurred as a result of a refund request (e.g., transfer fees) are the responsibility of the Client.
11. PROHIBITED ACTIVITIES
11.1. When utilizing Company services, the Client is prohibited from:
• Violating the terms of the Agreement, its Additions, or any applicable legislation, including laws related to anti-money laundering and counter-terrorism financing.
• Providing Company with false, misleading, or inaccurate information.
• Refusing to cooperate with reasonable requests for information from Company.
• Engaging in the transfer or receipt of funds obtained through illegal means.
• Failing to collaborate with Company in the investigation of violations or in the identification process.
• Using the Account and other Company services in a manner that results in losses, liabilities, or other adverse legal consequences for Company or third parties.
• Engaging in deliberate actions that disrupt the provision of Company services to the Client or to third parties, or disrupt the proper functioning of the System.
• Providing services that are prohibited by law or contrary to public order and morality.
• Disclosing Passwords and other personalized security features of Payment instruments to third parties, or allowing others to use Services under the Client's name.
• Violating any laws, statutes, contracts, or regulations, including those related to anti-money laundering.
11.2. The Client is liable to compensate Company for any direct damages, fines, or other monetary penalties resulting from the Client's failure to comply with or violation of the Agreement, including clause 8.1 thereof.
11.3. Accessing the Services from a country where the Services are not provided by the Company, as stipulated in clause 3.6 of the Agreement, is prohibited.
11.4. Using an anonymous account is not permitted.
12. SENDING NOTIFICATION TO THE PARTIES, COMMUNICATION, AND CLIENT CONSULTATION
12.1. The Client acknowledges and agrees that notifications from the Company to the Client may be provided by posting them on the System's website and sending them via the email address provided by the Client during registration in the System.
12.2. Company reserves the right to adjust its commissions and fees in response to any changes in fees imposed on the Company by third parties. Reasonable efforts will be made by Company to notify the Client of any such fee adjustments at least thirty (30) calendar days before the changes take effect, unless notified of the changes by the third party within a shorter timeframe or if immediate payment is required.
12.3. The Client is responsible for checking their email inbox and other designated notification channels linked to the Account at least once every business day to ensure timely awareness of any changes to the Agreement.
12.4. It is the Client's obligation to keep their contact information (telephone number, email address, and postal address) up to date on their Account within one working day. Failure to update this information may result in Company being unable to deliver notifications to the Client, and any resulting consequences shall be the responsibility of the Client.
12.5. In the event of theft or loss of the Client's personal identity document, the Client must promptly notify Company.
12.6. The Parties shall promptly inform each other of any circumstances essential for the execution of the Agreement. The Client is required to provide supporting documents for such circumstances (e.g., changes in name, surname, signature, address, phone number, other contact details, personal documents, initiation of bankruptcy proceedings against the Client, etc.), whether this information is already registered in public records or not, within ten (10) working days from the date of change.
12.7. If the Client submits documents to Company that do not meet the requirements set by legal regulations and/or Company policies, or if Company has reasonable doubts about the authenticity or accuracy of the submitted documents, Company reserves the right to refuse to process Payment orders submitted by the Client, suspend the provision of other Services, and/or request additional documents from the Client.
12.8. The Client has the right to review the current amendments to the Agreement, its Additions, and Pricing on the Company website at any time.
13. SUSPENSION OF SERVICE PROVISION. TERMINATION OF THE AGREEMENT (ACCOUNT REMOVAL)
13.1. The Company reserves the unilateral right, without prior warning, to implement one or more of the following measures:
• Temporarily halt fund transfers.• Suspend all or part of the services provided to the Client.
• Restrict the Client's access to their Account.
• Hold funds in dispute on behalf of the Client.
• Temporarily or partially suspend Payment operations on the Account and/or the associated Payment instrument.
• Refuse to provide services.
• Return frozen funds in the Client's Account to the original sender.
13.2. Initially, funds from the original senders are held in the Client's Account. If the Client fails to take the required actions (such as additional identification or submitting requested documents) within the specified timeframe, or fails to provide a justified explanation of the situation, the frozen funds will be returned to the original sender.
13.3. If the Company has reasonable suspicion of the Client's involvement in money laundering, terrorism financing, or other criminal activities, it reserves the right to suspend services without explanation or notification until the suspicions are fully refuted or substantiated.
13.4. The Client may voluntarily block the Account and/or the associated Payment instrument by submitting a request to the Company, informing them that the Payment instrument has been lost or stolen, or if funds in the Account and/or Payment instrument are being or may be used illegally.
13.5. The Client has the unilateral right to terminate the Agreement without resorting to legal action, provided written notice is given to the Company at least 30 (thirty) calendar days in advance. Upon termination, any remaining funds in the Account will be returned to the same account from which they were debited.
13.6. Upon Company request, the Agreement and its Additions may be terminated immediately if no transactions have been conducted on the Client's Account for a period exceeding one year.
13.7. Termination of the Agreement does not release the Client from fulfilling all obligations to the Company that arose prior to termination.
14. CONFIDENTIALITY AND DATA PROTECTION
14.1. Both Parties commit to safeguarding each other's technical and commercial information acquired during the execution of this Agreement. The Client agrees not to disclose Company's technical and commercial information to third parties without written consent from the Company.
14.2. In the event of the Client losing their Account Password or other Passwords, the Client agrees to promptly change the Passwords or, if unable to do so, notify the Company immediately (within one calendar day) using the contact details provided in section 10. The Company shall not be held responsible for any consequences arising from failure to provide such notification.
14.3. Upon receiving notification from the Client as outlined in clause 12.2., the Company will promptly suspend access to the Client's Account and provision of Company services until a new password is provided/created for the Client.
14.4. The Client is advised that the email and other associated instruments linked to the Company Account serve as communication channels with the Client and/or means of client identification. Consequently, the Client must secure these instruments and their respective logins. The Client bears full responsibility for the security of their email passwords and all other instruments and login passwords used. Passwords are confidential information, and the Client is accountable for any disclosure and subsequent operations carried out after entering the Password for the relevant Account or other Payment instrument.
14.5. Both Parties explicitly acknowledge that messages exchanged via mail and email may be considered as evidence in resolving disputes between the Company and the Clients.
15. LIABILITY OF THE PARTIES
15.1. Each Party is accountable for any fines, penalties, or losses incurred by the other Party due to a breach of the Agreement committed by the responsible Party. The responsible Party agrees to compensate the affected Party for any direct damages resulting from such breach. However, the liability of the Company under the Agreement is subject to the following conditions:
15.2. The Company is liable solely for direct damages caused by a direct and significant breach of the Agreement committed by the Company, and only for damages that could reasonably have been anticipated by the Company during the breach of the Agreement.
15.3. The Company shall not be held responsible for any loss of profits, loss of reputation, failure of the Client's business, or indirect damages.
15.4. The Company does not guarantee uninterrupted operation of the System due to various factors beyond its control. Although the Company strives to ensure smooth operation, it shall not be liable for any consequences arising from disruptions in System operation.
15.5. The Company is not liable for the following types of loss or damage:
• Unauthorized money transfers or other Payment operations resulting from the Client's failure to protect their Passwords and identification instruments, or due to illegal actions of third parties.• Errors made by banks, payment systems, or other third parties.
• Consequences following legal termination of the Agreement, cancellation of the Client’s Account, or limitations on access.
• Loss of profits, expected revenue, trading profits, or trading losses.
• Loss of reputation, goodwill, business opportunities, or contracts.
• Loss or damage to hardware, software, or data.
• Losses due to circumstances beyond the Company's control, such as war, political regime changes, or third-party actions.
• Losses resulting from typing errors in wallet numbers or use of accessible wallets.
• The Client bears full responsibility for the accuracy of data and orders provided to the Company and when filling in documents in the System.
15.6. The Client is responsible for all losses incurred due to unauthorized Payment operations resulting from the use of a lost or stolen Payment instrument or illegal acquisition of a Payment instrument if personalized security features were not protected.
15.8. Either Party is exempt from liability for failure to perform the Agreement if it can prove that the failure was due to Force Majeure circumstances, as established by law. The Client must notify the Company of Force Majeure circumstances within ten calendar days in writing. The Company will notify the Client of Force Majeure circumstances via email or on the System websites.
15.9. The Client must immediately notify the Company of any unauthorized transactions or access to the Client's account. The Company strongly recommends monitoring the account regularly.
16. RISKS
16.1. MIZAREX explicitly disclaims responsibility for any damages or losses incurred by the Client as a result of using the Services. By agreeing to the Terms & Conditions, the Client acknowledges having fully read, understood, and being aware of the potential risks associated with the Services, thereby electronically signing an agreement with the Company based on these Terms and Conditions.
16.2. The Client affirms understanding and accepting that the risks associated with the Services are deemed acceptable given their objectives and financial capabilities.
16.3. The Client acknowledges that the purchase or sale of Cryptocurrency entails significant risk. Cryptocurrency prices can fluctuate widely on any given day, potentially leading to gains or losses in value. Cryptocurrency trading carries unique risks not typically shared by official currencies, goods, or commodities. Unlike traditional currencies backed by governments or commodities like gold or silver, Cryptocurrency is a distinct form of currency supported by technology and trust. There is no central authority capable of intervening to stabilize the value of Cryptocurrency during crises or issuing additional currency.
16.4. The Client acknowledges and agrees that MIZAREX does not function as a financial advisor and does not provide investment advisory services. Communication between the Client and MIZAREX cannot be construed as investment advice. The Company exclusively offers exchange services and does not act as a broker for customers. Without diminishing our aforementioned obligations, by requesting us to engage in any transaction, the Client affirms that they are solely responsible for independently assessing and investigating the risks associated with the transaction. The Client declares that they possess adequate knowledge, market understanding, and experience to evaluate the merits and risks of any transaction and that they have received professional advice as needed. MIZAREX does not warrant the suitability of the Services and assumes no fiduciary duty in our relationship with the Client.
16.5. The Client confirms understanding that their user account may be temporarily suspended and inaccessible for various reasons, and their wallet may not be operational. The Client agrees to waive any rights, claims, or causes of action related to damages resulting from such actions.
16.6. MIZAREX bears no responsibility for price fluctuations in Cryptocurrency. In the event of a market disruption, MIZAREXreserves the right to suspend the Services at its discretion. The Company will not be liable for any losses incurred by the Client due to such action. Following any such event, the Client acknowledges that prevailing market rates may vary significantly from rates available before the event.
17. CLIENT’S DISPUTES
17.1. The Company endeavors to resolve all disputes with the Client amicably, promptly, and on terms agreeable to both parties. Therefore, in the event of a dispute, Clients are encouraged to first address the Company directly. Disputes are typically resolved through negotiation.
17.2. The Client may raise any claim or complaint regarding services provided by the Company by sending a notification via email.
17.3. The complaint must outline the circumstances and provide any relevant documents forming the basis of the complaint. If the Client's complaint relies on documents not in the possession of the Company, the Client must also provide such documents or copies thereof when submitting the complaint.
17.4. The timeframe for examining Clients' claims or complaints is as follows:
• The Company will review the Client's claim or complaint and notify the Client of its decision within 30 (thirty) days, unless legal regulations or other binding Company policies related to service provision (e.g., regulations of international payment card organizations) establish a different timeframe.• If the Company is unable to respond to the Client's complaint within the specified timeframe outlined in clause 14.4.1, the Company will inform the Client of the reasons for the delay and provide an estimate of when the Client can expect a response.
17.5. If the Client is dissatisfied with the Company's decision, the Client retains the right to pursue any other legal remedies available to protect their rights.
18. FINAL PROVISIONS
18.1. The titles of sections and articles within this Agreement are provided solely for the convenience of the Parties and should not be used for interpreting the provisions of this Agreement.
18.2. The Company is not responsible for fulfilling the tax obligations of the Client or for calculating and transferring taxes applicable to the Client.
18.3. If any provision of this Agreement is deemed invalid, the remaining provisions of the Agreement shall remain in effect.
18.4. Links to websites referenced in this Agreement and its Additions, which regulate the provision of specific services, are integral parts of this Agreement and apply to the Client upon their initiation of the respective service.
• FORM OF THE TERMS• The Client and MIZAREX acknowledge that the digital form of these terms is legally equivalent to an agreement executed in written form.
Agreement signed with the company: UAB Mizarex
Address: Eduardo Andre g. 14-5, Vilnius, Lithuania, 02231
Date of registration of the Client.
The provided address is for written correspondence with the Client.
DISCLAIMER
Due to differences in exchange rates, timing of transactions, and other factors affecting the course, the actual commission may vary from the stated amount.