Acceptance of Terms of Use – Bodnerstand S.L.
By using website paynote.eu (“Site”), registering for a Paynote Account (“Account”) or using any other Paynote Services, you (“you, your, or yourself”) are agreeing to accept and comply with the terms and conditions of use stated below (“Terms of Use”). You should read the entire Terms of Use carefully before using this Site or any of the Paynote Services.
As used in these Terms of Use, “Paynote” refers to the company Bodnerstand S.L., registered with the Spanish Trade and Companies Register under the number B16832941, with its registered address at C ECONOMISTA G BERNACER 20 P05 B, ALICANTE, a virtual currency exchanging license number D706, and placed under the prudential supervision of the Commission de surveillance du secteur financier (SEPBLAC).
References to Paynote are also references to its owners, directors, investors, employees.
Paynote allows buyers (“Buyers”) and sellers (“Sellers”) to use its Service capabilities to buy and sell Cryptocurrencies such as “Bitcoins”.
The Service operated by Bodnerstand S.L allows all customers of the Service (“Members”) to:
- Buy Cryptocurrencies from Paynote for fiat money EUR using bank transfer
The Buyer enter in the purchase form of platform or application the amount of cryptocurrencies that he wishes to acquire, his email address and his public address of wallet to receive the cryptocurrencies, platform will automatically display the required amount of euro.
Then the Member will go to the next page with the bank details of Paynote, to which he must perform a bank transfer using your personal account.
Once the payment process is completed, and after money has arrived at Paynote bank account, the user will receive a cryptocurrency transfer into his wallet.
Paynote is not responsible if the destination address indicated by the Member in the purchase form is incorrect or if Member can not manage private key that authorizes to operate with the acquired cryptocurrencies.
Purchases are made by bank transfer. The Buyer must send the payment receipt to Paynote. The conversion price will be fixed at the time of opening order and does not change during payment income to Paynote bank account.
Bank transfers must be coincident with the registered Member and the data previously provided. Otherwise, additional information may be required, including the return of the payment, the costs derived from it being borne by the customer plus a penalty of fifteen euros (€ 15);
- Sell Cryptocurrencies to Paynote for fiat money EUR using bank transfer
The Seller enters in the selling form the desired amount of cryptocurrency to sell and the platform automatically shows the amount of euros to be received or the client can enter into the form the desired amount of euros to be received then the platform will automatically display the required amount of cryptocurrencies. All cryptocurrency transfers from the Member to the Paynote platform can be checked in the blockchain.info search engine.
The Seller will receive payment by bank transfer, in the terms specified below. The Seller must provide the details of his bank account in which he wants to receive fiat money in euro and verify the validation before giving the order to send euros to his bank account.
Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow the rules and regulations applicable in your country of residence and/or country from which you access this Site and Services. As long as you agree to and comply with these Terms of Use, Paynote grants you the personal, non-exclusive, non-transferable, non-sublicensable, and limited right to enter and use the Site and the Service.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF USE OUTLINED IN THIS AGREEMENT, DO NOT ACCESS THIS SITE AND DO NOT USE THIS SERVICE.
By registering an Account, you expressly represent and warrant:
That you have accepted these Terms of Use; and
That you are at least 18 years of age and have the full capacity to accept these Terms of Use and enter into a transaction involving Bitcoins.
RISKS
The trading of goods and products, real or virtual, as well as virtual currencies involves a significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your assets at any given moment. Any currency, virtual or not, may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling, or trading anything on a market.
Cryptocurrency trading also has special risks not generally shared with official currencies, goods, or commodities in a market. Unlike most currencies that are backed by governments, other legal entities, or commodities such as gold or silver, Cryptocurrencies are a unique type of “fiat” currency, backed by technology and trust. There is no central bank that can issue more currency or take corrective measures to protect the value of Cryptocurrencies in a crisis.
Instead, Cryptocurrencies are an as-yet autonomous and largely unregulated global systеm of currency firms and individuals. Traders put their trust in a digital, decentralised, and partially anonymous systеm that relies on peer-to-peer networking and cryptography to maintain its integrity.
The trading of Cryptocurrencies is often susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrencies because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the systеm is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
There may be additional risks that we have not foreseen or identified in our Terms of Use. You should carefully assess whether your financial situation and tolerance for risk are suitable for buying, selling, or trading Bitcoins.
We use our banking providers in order to receive client funds and make payments. Our banking providers DO NOT transfer, exchange, or provide any services in connection with Cryptocurrencies.
LIMITED RIGHT OF USE
Unless otherwise specified, all Materials on this Site are the property of Paynote and are protected by copyright, trademark, and other applicable laws. You may view, print, and/or download a copy of the Materials from this Site on any single computer solely for your personal, informational, and/or non-commercial use, provided you comply with all copyright and other proprietary notices.
The trademarks, service marks, and logos of Paynote and others used in this Site (“Trademarks”) are the property of Paynote and their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video, and audio used on this Site belong to Paynote. The Trademarks and Materials should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site or networked computer environment for any other purpose is strictly prohibited; any such unauthorised use may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.
Maintaining Your Account: Our Rules
This Site is for your personal and non-commercial use only. We are vigilant in maintaining the security of our Site and Service. By registering with us, you agree to provide Paynote with current, accurate, and complete information about yourself, as prompted by the registration process, and to keep such information updated. You further agree that you will not use any Account other than your own, access the Account of any other Member at any time, or assist others in gaining unauthorised access.
The creation or use of Accounts without obtaining prior express permission from Paynote will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale orders. Any attempt to do so or to assist others (Members or otherwise), or the distribution of instructions, software, or tools for that purpose, will result in the Accounts of such Members being terminated. Termination is not the exclusive remedy for such a violation, and Paynote may elect to take further action against you.
You are also responsible for maintaining the confidentiality of your Account information, including your password, and safeguarding your own Cryptocurrencies and all activity including Transactions that are posted to your Account. Any actions on the Site, transactions, orders and operations initiated from your Account or using your password (1) will be considered to have been made by you, and (2) is irrevocable once validated using your password or made through your Account. If there is suspicious activity related to your Account, we may, but are not obligated to, request additional information from you, including authenticating documents, and freeze any transactions pending our review. You are obligated to comply with these security requests or accept the termination of your Account. You are required to notify Paynote immediately of any unauthorised use of your Account or password, or any other breach of security, by email to [email protected]. The account of any Member who violates these rules may be terminated and the Member held liable for losses incurred by Paynote or any user of the Site.
Lastly, you agree that you will not use the Service to perform criminal activity of any sort, including but not limited to money laundering, illegal gambling operations, terrorist financing, malicious hacking or any criminal or illegal activity.
The minimum allowable trade is 2,5 EUR.
The maximum allowable trade is 5 000 EUR/month for one Member.
VERIFICATION OF ACCOUNTS
The creation and use of your Account is subject to verifications, as required by statutory and regulatory obligations incumbent on Paynote. You agree to provide us with the information we request for the purposes of identity verification, compliance with know-your-customer rules, as well as detection of money laundering, terrorism financing, fraud or any other financial crime. The requested information may inсlude Personal Data (please refer to our Privacy Policy). By providing us with the information we request, you confirm that it is true and accurate, and agree to inform us in case of change concerning such information. Your Account will be blocked until we will satisfied with the information you have provided and determine in our sole discretion that it is sufficient to validate your Account. In the meantime, you will not be allowed to terminate your Account or request the deletion of the Personal Data processed in the course of verification operations.
Termination.
You may terminate this agreement with Paynote and close your Account at any time, following the settlement of any pending orders.
You also agree that Bodnerstand S.L may, by giving notice, in its sole discretion terminate your access to the Site and to your Account, including without limitation, its right to: limit, suspend, or terminate the service and Members’ Accounts; prohibit access to the Site and its content, services, and tools; delay or remove hosted content; and take technical and legal steps to keep Members off the Site if we suspect that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms of Use. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Members for any reason, including without limitation: (1) attempts to gain unauthorised access to the Site or another Member’s account or providing assistance to others’ attempting to do so, (2) overcoming software security features limiting the use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) a failure to pay or a fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies.
We expressly reserve the right to cancel and/or terminate Accounts that have not been verified by the Member despite efforts made in good faith by Paynote to contact them to obtain such verification (“Unverified Accounts”).
AVAILABILITY OF SERVICE
All services are provided without warranty of any kind, either express or implied, and in particular without implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that this Site will be available 100 % of the time to meet your needs. We will strive to provide you with the Service as soon as possible, but there are no guarantees that access will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information.
We will use reasonable endeavours to ensure that the Site can be accessed by you in accordance with these Terms of Use. However, we may suspend the use of the Site for maintenance and will make reasonable efforts to give you notice of this. You acknowledge that this may not be possible in an emergency, and accept the risks associated with the fact that you may not always be able to use the Site or carry out urgent transactions using your Account.
EXTERNAL WEBSITES
Paynote makes no representations whatsoever about any external or third-party website you may access through the Site. Occasionally, the Paynote website may provide references or links to other websites (“External Websites”). We do not control these External Websites or third-party sites or any of the content contained therein. You agree that we are in no way responsible or liable for the External Websites referenced or linked from the Paynote website, including but not limited to website content, policies, failures, promotions, products, opinions, advice, statements, prices, activities and advertisements, services, or actions, and/or any damages, losses, failures, or problems caused by, related to, or arising from those sites. You shall bear all risks associated with the use of such content.
External Websites have separate and independent terms of use and related policies. We request that you review the policies, rules, terms, and regulations of each site that you visit. It is up to you to take precautions to ensure that whatever you sеlect for your use is free of items such as viruses, worms, Trojan horses, and other items of destructive nature.
FINANCIAL ADVICE
For the avoidance of doubt, we do not provide any investment advice in connection with the Services described in these Terms of Use. We may provide information on the price, range, and volatility of Cryptocurrencies that are available on our platform and events that have affected the price of such Cryptocurrencies, but this must not be considered investment advice nor should it be construed as such. Any decision to purchase or sell Bitcoins is solely your decision and we shall not be liable for any loss suffered.
FINANCIAL REGULATION
The business model and Service of Bodnerstand S.L is to facilitate, through its Payment Services license, the buying and selling of Bitcoins. This specific Service is currently regulated by Spanish law, in virtue of the Law of November , 2017.
Unencrypted email messages sent over the Internet are not secure and Paynote is not responsible for any damages incurred as a result of sending email messages in this way. We suggest sending email in encrypted formats; you are welcome to send PGP encrypted emails to us. The instructions and keys to do so are available upon request.
If you send unencrypted or unsecured email or other types of communications to us, we may respond using the same channels and you hereby accept the risks associated therewith.
DATA PROTECTION
Privacy is very important to us. Full details of our Privacy Policy can be found at [Privacy Policy]. We recommend that you read the Privacy Policy carefully, so that you know the data that we collect, how we use the data and who we share your data with.
Disclosures to Legal Authorities and Authorized Financial Institutions
We may share your Personal Data with law enforcement, data protection authorities, government officials, and other authorities when:
Required by law;
Compelled by subpoena, court order, or other legal procedure;
We believe that disclosure is necessary to prevent damage or financial loss;
Disclosure is necessary to report suspected illegal activity; or
Disclosure is necessary to investigate violations of our Terms of Use or Privacy Policy.
For further information on how we process your Personal Data, please refer to the Privacy Policy.
JURISDICTION
The Terms of Use shall be governed and construed in accordance with the laws of Spain. The parties hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of Spain.
Limitation of Liability
To the extent permitted by law, Paynote will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect, or consequential loss, unless the loss suffered arose from negligence or wilful deceit or fraud. Nothing in these Terms of Use excludes or limits the liability of either party for fraud, death, or personal injury caused by its negligence, breach of terms implied by operation of law, or any other liability which may not be limited or excluded by law. Although Paynote endeavours to provide accurate and timely information on the Site, the Site may not always be entirely accurate, complete or current and may inсlude errors. We may change or updаte the Site at any time without notice, and you should accordingly verify with independent sources all information before relying on it to take decisions or actions. You remain entirely responsible for your decisions and actions.
To the full extent permitted by applicable law, you hereby agree to indemnify Paynote and its partners against any action, liability, cost, claim, loss, damage, proceeding, or expense suffered or incurred if directly or indirectly arising from your use of Paynote’s Sites, your use of the Service, or your violation of these Terms of Use.
MISCELLANEOUS
If we are unable to perform the Services outlined in the Terms of Use due to factors beyond our control including but not limited to an event of force majeure, change of law, or change in sanctions policy, we shall not be liable for the Services provided under this agreement during the time period coincident with the event.
Modification of Terms
Paynote reserves the right to change, add, or remove parts of these Terms of Use at any time and at its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms of Use. Your continued use of the Site following the posting of a notice of changes to the Terms of Use signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms of Use.
Definitions
- Account. The contractual arrangement wherein a Paynote Member has accepted our Terms of Use and Privacy Policy, and received approval to use Paynote Services, including the purchase and sale of Cryptocurrencies, and to perform associated Transactions.
- Bitcoins. The Peer-to-Peer internet currency further described at http://bitcoin.org.
- Buyer(s). Member(s) that are submitting an orders to buy Bitcoins through the Service.
- Seller(s). Member(s) that submit an orders to sell Bitcoins through the Service.
- Commission. Refers to the fee which is payable to Paynote on each Transaction, such as a Purchase Transaction or Selling Transaction.
- Member(s). Refers to Buyers and Sellers as well as any holder of an Account.
- Personal Data. Information that identifies an individual, such as name, address, e-mail address, trading information, and banking details. “Personal Data” does not inсlude anonymised and/or aggregated data that does not identify a specific user.
- Price. The “price per coin” which Paynote offer and member agree to purchase or sell Bitcoins, using the Service in a Bitcoin Purchase Transaction. The Price may be expressed only in EUR paid by Members to Paynote bank account.
- Service(s). The technological platform, functional rules, and market managed by Bodnerstand S.L. to permit Sellers and Buyers to purchase and sell Bitcoins.
- Transaction. Includes the following:
⦁ Purchase Transaction. The agreement between the Buyer and the Paynote to exchange fiat currency through the Service for Cryptocurrencies at a provided by Paynote rate.
⦁ Selling Transaction. The agreement between the Seller and the Paynote to exchange Cryptocurrencies through the Service for fiat currency at a provided by Paynote rate.
- Transaction Price. The total price and additional fee paid by the Buyer or Seller for each Transaction performed through the Service. Current Paynote service price and additional fee for each Transaction refere here
PLACING A CARD PURCHASE
If you are an individual, you can perform an instant Purchase Transaction using your credit or debit card (“Card Purchase”). The Fees we charge to process instant Purchase Transactions are detailed in our Fee Schedule.
When making a Card Purchase on our website or mobile app, your card data is automatically stored by our card payment service provider via a tokenization process. This means that a sensitive data element (PAN-card number) is substituted with a non-sensitive equivalent called a token. This tokenization process is designed to keep your data safe and secure from unauthorised access by a third party. You can only register a credit or debit card held in your name.
Our appointed payment services provider may save and store payment information, such as credit card or debit card numbers and card expiration dates, entered by you on our website when you make a Card Purchase. Such stored payment information may be used as your default payment method for further Card Purchases on our website or mobile app. At any time, you can dеlete your card information or enter new card information. If your card has expired, the payment information relating to that particular card will not be stored anymore by our payment service provider and you will be prompted to indicate your new card information the next time you want to proceed with a Card Purchase. You are responsible for maintaining your card information up-to-date and accurate. You consent to Paynote updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use.
REFUND POLICY
Incorrect Cryptocurrency Sent:
If a customer mistakenly sends the wrong cryptocurrency to our address, a refund is possible only if it is technically feasible.
A fee of $50 USD will be charged for a successful refund.
In some cases, it may not be possible to refund mistakenly sent cryptocurrency, such as when the assets were sent to an unsupported wallet or if they cannot be recovered.
Sending Without Memo/Tag:
If a customer sends cryptocurrency without the required memo/tag (e.g., when sending XRP, XLM, or other similar cryptocurrencies), a refund is possible only if it is technically feasible.
A fee of $50 USD will be charged for a successful refund.
In some cases, due to the lack of a memo/tag, a refund may not be possible.
Note: We recommend carefully verifying all information before sending cryptocurrency to avoid potential losses or additional charges. Refunds are processed within 30 business days from the time the request is received, provided it is technically feasible
CONTACT US
If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms, and/or your use of the Site and the Service, your Account, or any other matter, please contact [email protected]
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