Terms and Conditions
Terms and Conditions
CAEX TERMS AND CONDITIONS AGREEMENT
1. Introduction.
1.1. This Terms and Conditions Agreement (the “Agreement”) sets forth the respective rights and obligations between You (or “Client”) and CAEX, a limited liability company formed under the laws of California (Employer Identification Number (EIN): 93-1504975) (the “CAEX”).
1.2. This Agreement governs the offline and online currency and cryptocurrency exchange transactions and other services (together, the “Services”), which are provided by the CAEX to the Client; outlines the rules for the provision and receipt Services.
1.3. You must read through this Agreement carefully and accept it before You apply for the Services.
1.4. By entering into this Agreement, the Client acknowledge receipt of the CAEX Privacy Policy, which is considered as an integral part of the Agreement (“Privacy Policy”).
1.5. This Agreement may be amended from time to time by CAEX. The Client can get acquainted with the revised terms on the same places and resources where the Agreement was placed/posted.
1.6. By accepting the Agreement, You guarantee that:
a) You have read the Agreement and the Privacy Policy. You understand the meaning of the provisions of the Agreement and Privacy Policy;
b) You are at least 18 years old and have the legal capacity to enter into this Agreement and receive Services;
c) Money which You provide to the CAEX were obtained legally and You do not intend to use Services for the purposes of terrorist financing or money laundering;
d) You agree to provide all legally required identifying information, including but not limited to name, date of birth, address, and identification number;
e) You will check for updates to this Agreement before applying for the Services.
2. Definitions.
These terms have the following definitions in this Agreement:
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Anti-Money Laundering |
the collection of laws, law enforcement, processes, and regulations that prevent illegally obtained money from entering the financial system |
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CAEX Privacy Policy |
a legal document that explains how the CAEX collects, uses, and shares Client’s personal information |
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Cryptocurrencies |
a digital currency in which transactions are verified and records maintained by a decentralized system using cryptography, rather than by a centralized authority |
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Currency |
the coin and paper money of the United States or of any other country which is designated as legal tender and which circulates and is customarily used and accepted as a medium of exchange in the country of issuance. Currency includes United States silver certificates, United States notes, and Federal Reserve notes. Currency also includes official foreign bank notes that are customarily used and accepted as a medium of exchange in a foreign country. |
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Customer Due Diligence (CDD) |
a set of procedures used by financial institutions to collect and evaluate relevant information about individuals wishing to conduct financial transactions |
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Customer Identification Program (CIP) |
a set of procedures that financial institutions must establish and follow to verify the identity of individuals wishing to conduct financial transactions |
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Enhanced Due Diligence (EDD) |
a set of risk-based procedures and measures that financial institutions implement to gather additional information and conduct a more thorough analysis of individuals wishing to conduct financial transactions |
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Know Your Client (KYC) |
a set of guidelines for verifying the identity of a client and gauging the associated risk of working with them |
3. Governing Law; Dispute Resolution.
3.1. You agree that all matters relating to Your receipt of Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of law’s provisions.
3.2. You confirm that You are acquainted with the main provisions of laws governing Your relations with the CAEX and the procedure for providing Services (in particular: The Bank Secrecy Act of 1970; The USA PATRIOT Act of 2001 and Anti-Money Laundering Act of 2020), and do not intend to break governing laws.
3.3. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles, California, and waive any objection to such jurisdiction or venue.
4. Compliance with Applicable Laws and Regulations.
4.1. You agree that the CAEX before provisions of Services will carry out a due diligence as required under KYC guidelines of the CAEX, including CIP, CDD and EDD procedures.
4.2. You realize and agree that KYC and AML standards requires that financial firms (including the CAEX) obtain four pieces of identifying information about the Client, including name, date of birth, address, identification number; information about Client’s activity, including annual income, expected transactions, purpose and another information related to the Client and Services provided by the CAEX.
4.3. You agree to provide said information and allow the CAEX to collect this information and transfer necessary data to the United States authorized bodies.
4.4. You guarantee that:
a) funds provided by the Client to the CAEX are obtained legally;
b) You comply with the AML legislation;
c) You do not pursue any illegal purposes applying for the Services.
4.5. The CAEX reserves the right to change the terms for the provision of Services or cancel it (including the cancellation of any transactions) with informing the authorized bodies about the facts of violations of the law and suspicions.
5. How to get the Service.
5.1. It is possible for You to receive the Services by contacting the CAEX’s office or communication over the Internet.
5.2. You undertake to communicate with the CAEX through CAEX’s official social media pages and take responsibility for provision of data and funds to the scammers impersonating the CAEX.
5.3. You can use these CAEX’s official social media pages:
a) Facebook: Russian-language (https://www.facebook.com/caex.exchange1)
English-language (https://www.facebook.com/profile.php?id=61553796510809&mibextid=LQQJ4d)
Spanish-language (https://www.facebook.com/caexfinancierala?mibextid=LQQJ4d)
b) Instagram: Russian language (https://instagram.com/caex_usa?igshid=NzZlODBkYWE4Ng==)
Spanish-language (https://www.instagram.com/caex_espanol?igsh=MTJpcnduNXY0MWVobQ==)
c) VK (https://vk.com/caex_usa)
d) Telegram (https://t.me/CAEX_USA and https://t.me/CAEX_LA)
e) YouTube (https://www.youtube.com/@CAEX_USA)
6. Disclaimers.
6.1. CAEX does not promise that You will always have access to provision of Services, and Internet resources which You use to contact the CAEX will be error-free or interrupted.
6.2. CAEX is not is not liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the CAEX has been advised of the possibility of such damages caused by acts and Your rights violations of third parties (for example, Internet service provider or banks).
6.3. CAEX provides Services only through CAEX’s official communication channels, and You take responsibility for provision of data and funds to the scammers impersonating the CAEX.
7. Limitation of liability. No warranties.
7.1. Except where prohibited by law, in no event will CAEX be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if CAEX has been advised of the possibility of such damages.
7.2. If, notwithstanding the other provisions of these Terms of Use, CAEX is found to be liable to You for any damage or loss which arises out of or is in any way connected with the provision of Services, CAEX’s liability shall in no event exceed the greater of:
a) the total of fees paid in the six months prior to the date of the initial claim made against CAEX;
b) US$100.00.
7.3. The limitation of liability does not apply to the cases of fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent in accordance with Cal. Civ. Code § 1668.
8. Cancellation of provision of services.
8.1. CAEX reserves the right not to process, to cancel or, to the extent possible, to reverse a provision of Services, if:
a) CAEX believes that the transaction relates to any Restricted Activities;
b) CAEX has suspended You in violation of the governing law;
c) CAEX believes the transaction involves money laundering, terrorist financing, fraud or any other type of crime;
d) in response to a subpoena, court order, or other government order;
e) for any other reasons.
8.2. In mentioned instances, regardless of the reason the CAEX have blocked, cancelled or reversed Your transaction and regardless of the reason we have lifted or reversed that restriction, CAEX does not guarantee You will be able to reinitiate Your transaction at the same price or on the same terms as the transaction that we did not process, or that was cancelled or reversed.
8.3. CAEX is not liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the CAEX has been advised of the possibility of such damages, caused by cancellation and other actions on the provision of Services.
9. Support, Complaints, Claims and Contacting CAEX.
9.1. You may contact the CAEX on social media or by email ([email protected]).
9.2. You understand and acknowledge that all notices and communication with You regarding the Services, this Agreement, and any other applicable agreements, documents, tax forms, and disclosures (together, the “Communications”), will be delivered electronically (including communication via official CAEX pages in social networks) or via an email sent by the CAEX, or any third party on the CAEX behalf, to the email address You specified.
9.3. To ensure that You receive all of the CAEX electronic Communications, You agree to keep Your email address pages in social networks up-to-date and immediately notify the CAEX electronically, via an email or personally if there are any changes. Delivery of any Communication to the email address You specified is considered valid.
9.4. In the event of any controversy or dispute between CAEX and You arising out of or in connection with provision of Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
10. Information on fees and pricing.
10.1. CAEX will charge a fee for Services and apply an exchange rate when You exchange Currency or/and Cryptocurrency.
10.2. You may find all information about fees and exchange rates on the CAEX’s official pages.
10.3. CAEX reserves the right to change fees and exchange rates. You have to get acquainted with the latest information about CAEX’s fees and exchange rates before prior to the transaction.
11. Reversals and cancellations.
11.1. You understand that any objection that CAEX receives from You consistent with the immediately preceding sentence is simply a request that CAEX attempts to cancel or modify an order.
11.2. CAEX is not liable to You if CAEX is unable to cancel or modify an order.
11.3. You understand and agree that, if an order cannot be cancelled or modified, then You are bound by any execution of the original order, even if Your objection to the transaction is ultimately determined to be valid.
11.4. CAEX reserves the right not to process, to cancel or, to the extent possible, to reverse a provision of Services for any legal reasons or/and reasons mentioned in this Agreement.
12. Payment Policies.
12.1. You confirm that You have exact intentions to complete the transaction, appealing for the Services.
12.2. All payments are to be made before prior to the provision of Services.
12.3. The cost specified by the CAEX includes only CAEX’s fees and does not include Your other expenses (for example, commissions for a bank transfer).
12.4. You agree that You cannot cancel or modify conditions for the transfer since the implementation of Services and cannot make a refund.
13. Client Guidelines.
13.1. You must not engage in the following “Restricted Activities”:
a) breach this Agreement;
b) use what CAEX reasonably believes to be fraudulent or unlawful funds in order to exchange Currencies and Cryptocurrencies;
c) initiate any transaction that is not intended to be completed, or is intended to abuse, or to engaging in illegal activities (including money laundering and terrorist financing);
d) grant or get unauthorized access to receipt of Services;
e) disclose any sensitive information about the CAEX and CAEX’s specific aspects of provision of Services or another sensitive information which You received from CAEX;
f) copy and disclose CAEX’s intellectual property and documents.
14. Circumstances beyond the CAEX control.
14.1. Neither the CAEX, nor any of the CAEX directors, employees, delegates or agents shall be liable for any circumstance or failure to provide any of the Services if such circumstance or failure results wholly or partly from any event or state of affairs beyond our reasonable control (including, without limitation, any failure of communication, settlement, computer or accounting system or equipment, any failure or interruption in the supply of data, any political crisis or terrorist action, the suspension or limitation of trading by any exchange or clearing house or any fire, flood or other natural disaster, or plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions) (together, “Extraordinary circumstances”) and, in such circumstances, any of our obligations shall be suspended pending resolution of the event or state of affairs in question.
14.2. CAEX reserves the right not to process, to cancel or, to the extent possible, to reverse a provision of Services in Extraordinary circumstances.
14.3. CAEX is not liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the CAEX has been advised of the possibility of such damages, caused by Extraordinary circumstances and cancellation or other actions on the provision of Services in Extraordinary circumstances made by the CAEX.
15. Risks of Cryptocurrencies.
15.1. Purchasing Cryptocurrencies comes with a number of risks, including volatile market price swings or flash crashes, market manipulation, and cybersecurity risks.
15.2. The value of Cryptocurrency may be derived from the continued willingness of market participants to exchange fiat Currency for Cryptocurrency, which may result in the potential for permanent and total loss of value of a particular Cryptocurrency should the market for that Cryptocurrency disappear.
15.3. Cryptocurrencies may be subject to cyber-attacks and to software modifications.
15.4. CAEX does not guarantee Your ability to exchange Cryptocurrencies at any time as it not always available to buy and sell Cryptocurrencies.
15.5. Several federal agencies have also published advisory documents surrounding the risks of virtual Currency. For more information, see, the CFPB’s Consumer Advisory, the CFTC’s Customer Advisory, the SEC’s Investor Alert, and FINRA’s Investor Alert.
16. Miscellaneous Provisions.
16.1. You understand that clicking “I Accept” or other similarly worded button is the legal equivalent of Your manually signing this Agreement and You will be legally bound by its terms and conditions in their entirety in accordance with Uniform Electronic Transaction Act, Sec. 2. You also understand that the receipt of Services is available only after acceptation of this Agreement.
16.2. You agree that this Agreement may be executed and delivered by electronic signatures and that the signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability and admissibility in accordance with Cal. Civ. Code §§ 1633.1-1633.17.
16.2. This Agreement may be amended from time to time by CAEX. You have to check for updates. You can get acquainted with the revised terms on the same places and resources where this Agreement was placed/posted.
16.3. By entering into this Agreement, the Client acknowledge receipt of the CAEX Privacy Policy, which is considered as an integral part of the Agreement.
16.4. If any such restriction is found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. If it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement will be enforced as if such provision was not included.
16.5. You hereby acknowledge that CAEX owns all right, title and interest in and to the documentation, procedures, requirements, conditions, practices, design and trademarks. CAEX does not grant You any right or license except as expressly set forth herein and otherwise reserves all rights.
16.6. This Agreement may be written in English and translated into other languages. The English version of this Agreement shall be deemed the official version of this Agreement. Any translation is provided for convenience purposes only. In case there is any discrepancy between the two versions, the English one shall prevail.