Clicky

Terms of Services - Cpublic Exchange

Terms of Services


Please read these terms of service (the "Terms") carefully before using our Service. By accessing or using any part of the site, you agree to be bound by these Terms. If you don’t agree with these Terms or any of its Clauses, you shall immediately cease to use any Cpublic Exchange services.

SECTION 1
General Provisions
1.1. These Terms constitute a legal agreement between us ("Cpublic Exchange", "We", "Us", "Ourselves") and users, clients, visitors and others (without limitation), who access the Services (as defined below) ("User", "You", "Your").

1.2. The Cpublic Exchange services ("Service") refers to the services provided to you by Cpublic Exchange, which are offered through the Cpublic Exchange.com website ("Website").

1.3. Cpublic Exchange offers an exchange of cryptocurrencies ("Exchange"), based on an order ("Order") that was created by the User in the Service.

1.4. One of the default parameters of the Order is the exchange rate type: fixed ("Fixed rate"). Fixed rate involves fixing the exchange rate: the User receives the exact amount that was displayed when creating the Exchange.

1.5. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

1.6. If the User does not read and accept the Terms of Service, the User should not use or continue using the Services.

SECTION 2
Using of Service
2.1. You hereby confirm that you are an individual, legal person or other organization with full capacity for civil rights and civil conduct when you use the Service. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence or you have consent from your legal representative or guardian to use the Service.

2.2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.

2.3. To make an Exchange, the User must create an Order with a choice of direction, amount and an indication of the User's address, to which the funds should be received during the Exchange, and send funds to a specially generated address on the Order page.

2.4. The Service provides non-custodial services, which means that we do not store your funds on deposits and balances.

2.5. Cpublic Exchange will execute Exchange and send the exact amount that was displayed on the order page when it was created, if the following conditions are met:

● You sent funds and the transaction got into the mempool or block of the blockchain network within 60 minutes from the moment the order was created.

● You sent the exact amount or higher that was displayed on the Order page, which does not include network fees and withdrawal fees.

Otherwise, the execution of the order with the payment of the exact amount that was displayed on the page of the created order before payment will be impossible.

2.6. If the User's transaction does not arrive at the Service address fully after 60 minutes, the Order automatically switches to the "Order expired" status.

2.7. If funds are received after 60 minutes have passed since the creation of the Order, the User can continue the Order at the agreed market rate if the market rate from the moment the Order was created to the appearance of the transaction in the mempool of the blockchain network was not changed by more than 3.2%.

2.8. Sending a transaction on an Order after 24 hours has passed since the creation of the Order is a violation of the Exchange rules.

2.9. When sending a transaction for an Order, the amount of which exceeds the amount that was displayed on the order page, a form will be available for the User to return a part of the amount that exceeds the original amount of the created Order, while the other part of the amount will be exchanged.

2.10. When creating an Order, the User is fully responsible for the correctness of the chosen direction of the Exchange, the specified receiving address, the type of exchange rate and amount, as well as for being aware of the features of the selected currencies and networks. Cpublic Exchange is not responsible if the transaction was sent to incorrectly specified details when creating an order.

2.11. You acknowledge and agree that you must send funds for the Order you have created in the same currency and blockchain network that was selected when creating the Order.

2.12. Sending funds to the address specified in the Order in a currency and/or blockchain network other than that specified in the Order is a violation of the Exchange rules.

2.13. You acknowledge and agree that Orders are executed fully automatically and when the User contacts technical support with a request to suspend the Order, change the Order data or refund the funds that were sent by the User for the Order, Cpublic Exchange will refuse this request.

2.14. Suspension of the User's Order in order to change the receiving address or return the funds that were sent by the User under the Order is impossible.

2.15. Sending funds after 24 hours after the creation of the Order is a violation of the Exchange rules.

2.16. Sending funds on the Order in more than one transaction is acceptable.

2.17. Sending transactions to Cpublic Exchange addresses via third-party smart contracts is prohibited and is a violation of the Exchange rules.

2.18. The possibility of exchanging in case of violation of the Exchange rules is described in section 4.

2.19. An order is accessed via a URL link containing the Order ID and data about the receiving address that was entered when the order was created. If the link to the Order or the Order ID is lost, the User can contact technical support to search for the Order. In this case, the User must provide complete data about his order, namely: the direction of the exchange being made; the transaction by which the funds were sent to the address of the Service; the receiving address that the User entered when creating the Order. If all the necessary data is not provided, the search for the Order may be refused.

2.20. If the User has created an Order and sent a transaction in accordance with the Terms of Use of the Service, but Cpublic Exchange cannot perform an Exchange for its own technical reasons, the User is offered a solution based on the technical capabilities at the time of the request, which takes no more than 24 hours to complete.

2.21. If the User has created an Order and sent a transaction in accordance with the Terms of Use of the Service, but during the process of processing the Order, unforeseen and independent of Cpublic Exchange factors occur that contribute to the non-fulfillment of the Order, the Order completion time in this case is not regulated and depends solely on the elimination of the relevant factors.

2.22. We reserve the right to refuse service to anyone for any reason at any time.

2.23. We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time.

SECTION 3
Prices and Exchange Rates
3.1.Prices for our services are subject to change without notice.

3.2.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.

3.3.The Cpublic Exchange commissions, as well as all the fees spent by the Service for sending transactions and consolidating the funds received from the User, are already included in the final exchange rate displayed when the exchange is created.

3.4.The number of transaction confirmations required for a transaction to be considered accepted for an Order is different for each of the cryptocurrencies. The required number of transaction confirmations is subject to change at the discretion of Cpublic Exchange without notice.

SECTION 4
Processing Orders in Violation of the Exchange rules
Violation of the Exchange rules makes it impossible to automatically process and fulfill the Order. For each case of violation of the Exchange rules, the User must contact the technical support on the site and register a request for manual processing by technical specialists.

SECTION 5
Prohibited Jurisdictions
5.1. Cpublic Exchange reserves the right to restrict or deny its services in certain countries.

5.2. The use of Service is prohibited to individuals and entities located in countries on the United Nations Sanctions List. Additionally, any individual or entity that is located in these countries, regardless of their nationality or citizenship, is prohibited from using this service. Any attempt to use this service from a prohibited location is strictly prohibited.

5.3. Use of the Service is prohibited in countries where usage of cryptocurrency or usage of Service is forbidden by applicable law.

5.4. Cpublic Exchange reserves the right to use various methods to prevent the use of the Service by Users from prohibited jurisdictions. You are to comply this rule even if the methods to prevent the use of the Service from prohibited jurisdictions are ineffective or can be bypassed.

SECTION 6
Prohibited Uses
6.1. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or its content:

● for any unlawful purpose;

● to solicit others to perform or participate in any unlawful acts;

● to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

● to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

● to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

● to submit false or misleading information;

● to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet;

● to collect or track the personal information of others;

● for sending spam, phishing, using parsers to collect data from the site;

● for any obscene or immoral purpose;

● to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet.

6.2. It is forbidden to use the service for laundering funds obtained by criminal means.

6.3. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.

SECTION 7
Disputes Resolution
19.1. All disputes and disagreements that might arise from these Terms shall be resolved by means of negotiations.

19.2. You agree that for the purposes of the settlement of disputes between you and us, an e-mail correspondence with the authorized persons of the Cpublic Exchange shall be the effective and binding method of communication.

19.3. If the parties cannot agree on the subject of the dispute within thirty (30) days, the dispute shall be shall be referred to and finally resolved by the relevant court.

19.4. To the extent allowed by the applicable law, you agree that you will bring any claim arising from or connected with these Terms of use within one (1) year from the date of which such claim arose. Otherwise such claims will be irrevocably waived.

SECTION 8
Personal Data
8.1. By accepting these Terms, you expressly allow Cpublic Exchange to process your personal data, export your personal data outside of the jurisdiction in which you reside or are located.

8.2. By accepting these Terms, you expressly allow Cpublic Exchange to process and store your personal data.

8.3. We are entitled to transfer some User’s data (including IP-addresses) to our business partners or governmental bodies at their request to facilitate the prevention and disclosure of prohibited or illegal actions. By accepting these Terms, you acknowledge and agree to your personal data may be transferred in this way.

8.4. Certain personal information provided to us is protected according to the Privacy Policy.

SECTION 9
Accuracy, Completeness and Timeliness of Information
9.1. We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.

9.2. The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time and we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to the Website.

SECTION 10
User Comments, Feedback and Other Submissions
10.1. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any media any comments that you forward to us.

SECTION 11
Disclaimer Of Warranties
11.1. We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure or error-free.

11.2. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

11.3. In no case shall Cpublic Exchange be liable for lost profits, lost revenue, lost savings, loss of data or any similar damages.

11.4. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTIES OR INDEMNITIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, WE OR OUR AFFILIATES DO NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE AND THE SERVICES OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR CONTENT ON THIS REGARDLESS OF THE BASIS, UPON WHICH THE LIABILITY IS CLAIMED.

11.5. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES AND YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

SECTION 12
Limitation Of Liability
12.1. IF APPLICABLE LAWS DO NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAWS. YOU UNDERSTAND AND AGREE THAT IT IS YOUR OBLIGATION TO ENSURE COMPLIANCE WITH ANY LEGISLATION RELEVANT TO YOUR COUNTRY OF DOMICILE CONCERNING USE OF THE WEBSITE, AND THAT YOU SHOULD NOT ACCEPT ANY LIABILITY FOR ANY ILLEGAL OR UNAUTHORIZED USE OF THE WEBSITE. YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY APPLICABLE TAXES IMPOSED UNDER YOUR TAX RESIDENCY REGULATIONS.

12.2. IN NO EVENT SHALL WE, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN; FOR PRODUCTS NOT BEING AVAILABLE FOR USE; FOR IMPROPER FUNCTIONALITY, TECHNICAL FAULTS AND DOWNTIME OF THE TECHNICAL INFRASTRUCTURE.

12.3. You hereby agree to indemnify the Cpublic Exchange, any of its officers, directors, employees and agents and its affiliated and related entities from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind arising out of, relating to, or incurred in connection with any claim, complaint, audit, inquiry, or other proceeding, that arises or relates to:

● any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms;

● your wrongful or improper use of the services;

● any other party’s access or use of the services with your data;

● arising out of a breach of any warranty, representation, or obligation hereunder.

12.4. You shall not have any claim of any nature whatsoever against us for any failure to carry out any of our obligations under these Terms as a result of a force majeure - causes beyond our control, including but not limited to any strike, lockout, labor shortage or means, in obtaining any permission, consent or approval required by us in order to provide the Services, riot, political or civil disturbances, the elements, by an act of state or government including regulatory action imposed or any other authority or any other cause whatsoever beyond our absolute and direct control.

12.5. Cpublic Exchange is not responsible for phishing sites and chatbots using the name and/or design of the Service.

SECTION 13
Entire Agreement
13.1. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.2. These Terms and any policies or operating rules posted by us on the Website or in respect of the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

13.3. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 14
Tax
14.1. The taxation of digital assets has been limited to the most jurisdictions. You may be subject to certain tax implications when buying or selling digital assets.

14.2. You agree that Cpublic Exchange is not responsible for determining whether taxes apply to your Exchanges or for collecting, reporting, withholding or remitting any taxes arising from any transactions.

14.3. You agree that Cpublic Exchange is not responsible for notifying Users of the need to file tax reports and pay taxes as a result of any transactions, if such are provided in Your jurisdiction.

14.4. The User himself is responsible for compliance with the laws of the country in which he is located.

SECTION 15
Changes to Terms of Service
15.1. You can review the most current version of the Terms at any time at this page.

15.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 16
Risk
16.1. You acknowledge and agree that you are aware of the risks associated with transactions with digital currencies and their derivatives.

16.2. You acknowledge and agree that your use of the Service is at your own risk.

16.3. You assume all risks associated with transactions with digital currencies and their derivatives. Cpublic Exchange is not responsible for any such risks or adverse results.

SECTION 17
Intellectual Property Rights
17.1. The Cpublic Exchange exclusively owns all rights, title, and interest in the "CPUBLIC" name, logo, the names of individual services and their logos, patents, copyrights (including rights in derivative works), trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained on the Website and relating webpages, documentation etc.

17.2. You shall never use any Cpublic Exchange logos, marks or other intellectual property for commercial and public use without our express permission, unless otherwise explicitly indicated by the Cpublic Exchange.

17.3. You shall not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise use any of the Cpublic Exchange logos, marks or intellectual property.

17.4. You also shall not make any public statement or issue any press release related to us or our services without our express permission.

17.5. Under these Terms you are entitled to use any logos or marks for your personal, non-commercial purposes exclusively.

SECTION 18
Restricted Activities
18.1. In connection with your use of the Service, or in the course of your interactions with the Cpublic Exchange, you shall not:

18.1.1. breach these Terms or any policy approved by the Cpublic Exchange and agreed by you;

18.1.2. violate any law, statute, ordinance, or regulation;

18.1.3. infringe the Cpublic Exchange or any third party's copyright, patent, trademark, exchange secret or other intellectual property rights, or rights of publicity or privacy;

18.1.4. act in a manner that is defamatory, trade libellous, threatening or harassing to our employees, agents or other users;

18.1.5. provide false, inaccurate or misleading Information;

18.1.6. engage in potentially fraudulent or suspicious activity and/or transactions.