Términos y Condiciones Particulares de Criptomonedas
Direct link to the Bitstamp website
1. Legal Information and Parts
The terms and conditions set out in this document regulate the use of the cryptocurrency market service (hereinafter, the”service“) offered through the Goin mobile application (hereinafter, the”Application“), that Prakma Innovation, S.L. (hereinafter,”Prakma“) makes available to users of the Application who wish to access the Service (hereinafter, the”User“or”Users“) in order to enable the contracting of said specific service, the present terms and conditions being (hereinafter, the”Specific Cryptocurrency Terms and Conditions“) independent of the general terms and conditions of the Application (hereinafter, the”Goin App General Terms and Conditions“), this document taking precedence over these General Terms and Conditions of the Goin App in case of contradiction, confusion or inconsistency. However, any provision contemplated by the General Terms and Conditions of the Goin App will be incorporated by reference and subsidiarily into this document.
Users must carefully read these Specific Cryptocurrency Terms and Conditions of the Service in the Application each time Prakma requires it through the same Application. The User is informed that this document may be modified without prior notice, although if this happens, he will be duly informed the next time he is ready to use the Service.
For the purposes of these Specific Cryptocurrency Terms and Conditions, a User of the Service is considered to be anyone who has previously registered and is using the general services of the Application, and uses the above-mentioned Service, having accepted the conditions of these Special Cryptocurrency Terms and Conditions. Anyone who uses only the other features of the Application will not be considered a User of the Service. The use of the Service is not allowed to anyone who does not accept these Specific Cryptocurrency Terms and Conditions.
The user is informed that, in connection with the provision of the Service, Prakma has signed collaboration agreements and outsourced the following functions of the Service:
● Payment services: any activity or functionality related to the transfer of funds or payment services will be provided by Easy Payment and Finance, EP, S.A., a company incorporated in accordance with Spanish law, with CIF A85785905,
address at Calle Alonso de Heredia number 2, 28028 Madrid, Spain, and registered in the Mercantile Registry of Madrid in Volume 27.111, Folio 157, Section 8, Sheet M-488.476, entry 1 (hereinafter”Easy Payment“). Easy Payment is a payment service institution authorized to provide all the payment services regulated in Law 16/2009 of November 13, on payment services, subject to the supervision of the Bank of Spain and registered in the Official Register of Payment Institutions of the Bank of Spain under number 6849.
● Buying and selling cryptocurrency: the functionality for buying and selling cryptocurrency will be provided through the Bitstamp Ltd cryptocurrency trading platform (hereinafter,”Bitstamp“or the”Trading Platform“). Bitstamp is a company incorporated in accordance with the laws of the United Kingdom, with registered office at 5 New Street Square, London EC4A 3TW, United Kingdom.
For these purposes, Prakma reserves the right to change cryptocurrency trading platforms when it deems appropriate, in particular to the extent that it is unable to perform its functions for the Service, and to use for the provision of the Service any other internationally recognized trading platform available on the market at any time.
Prakma informs Users that the Service involves significant risk, as well as the inherent possibility of losses - total or partial - as a result of buying, selling or trading anything in a market. These changes directly affect your valuation, and may even reach zero.
Unlike fiat money, cryptocurrencies are not backed by issuers, central banks, federal reserves, or any other type of official entity or asset. The markets for cryptocurrencies and other digital assets are subject to much higher levels of volatility than other markets, so the price of cryptocurrencies can fluctuate greatly at any time and in very short periods of time, making it possible to completely lose the value of the asset purchased.
To the extent that the third parties detailed in these Specific Cryptocurrency Terms and Conditions are used to provide the Service, it is possible that due to specific situations the Service will be unavailable indefinitely due to technological, maintenance and other unforeseen conditions that do not depend on Prakma.
Prakma recommends carefully considering market conditions, personal financial circumstances, and any other risks not included in these Specific Cryptocurrency Terms and Conditions before trading through the Application. Prakma does not recommend the use of the Service to any User who has doubts about the risks associated with investing in cryptocurrencies.
By contracting the Service, the User declares to be fully aware of the risks associated with trading cryptocurrencies. Prakma will not be responsible for any partial or total loss of value of the cryptocurrencies purchased by the User or for the result of the purchase orders ordered by the User via the Application.
3. Hiring process
To contract and access the Service, the User must be a natural person, of legal age, who has previously been using the Application and accepts without reservation these Particular Cryptocurrency Terms and Conditions, as well as the General Terms and Conditions of the Goin App, after reading them and undertakes to make diligent use of the Application and the Service in accordance with the provisions of these Particular Cryptocurrency Terms and Conditions and the regulations applicable at all times.
Once the Service has been contracted, Prakma will offer Users the possibility of investing the money deposited in their virtual wallets in cryptocurrencies. Initially, the only cryptocurrencies that will be offered will be Bitcoin (BTC), Ether (ETH), Litecoin (LTC), Ripple (XRP) and Bitcoin Cash (BCH), if more cryptocurrencies are added in the future, the User will be notified via the Application. Users will decide at their own risk which cryptocurrencies to buy or sell, as well as the amount paid for their purchase or sale.
Users' buy and sell orders will be executed by Prakma on the Cryptocurrency Trading Platform. All cryptocurrencies purchased by Users will be kept in a single virtual wallet managed by Prakma hosted on the Trading Platform, so Users will not have any type of contractual relationship with the Trading Platform or with any personal virtual cryptocurrency wallet through the Application. Prakma will not be responsible for the loss of cryptocurrencies hosted on the Trading Platform as a result of attacks on the Trading Platform or due to its incorrect operation.
In response to the instructions of the Users, Prakma will place the purchase and sale orders for the current quote price at the time it receives the order. Due to the volatility of the cryptocurrency markets and the order execution processes that
they depend on the financial institutions' own technology and in the hands of third parties, Prakma does not guarantee the User that the purchase or sale price will be the same price indicated at the time of the introduction of the corresponding order by the User within the Application, because the transmission of purchase orders from the Application to the Trading Platform is not instantaneous and could suffer occasional delays due to incidents with the operation of the APIs of the Trading Platform.
5. Data Protection
The provision of the Service involves the processing of the User's personal data by Prakma. In particular, the following: full name, valid and valid identification number (residence card, ID card, passport or valid identification document of the country of origin that includes a photograph and signature), nationality, date of birth, valid postal address, email address, mobile phone, a current account number opened in the name of the User in a credit institution located in the European Union, “login” or user identifier, password, information to verify the identity and residence of the User, information regarding communications with Prakma, information regarding how the User uses the Service, the circumstance and reason for the rejection and/or refusal of a payment order and on the procedure for rectifying possible errors, amounts transferred and received, credits, charges of commissions and fees, number and type of cryptocurrencies purchased and/or sold.
Prakma needs to process such information for the provision of the Service and, in particular, to comply with mandatory financial regulations and for the prevention of fraud and money laundering and the financing of terrorism, as well as to be able to defend itself against possible requests, demands or liability for damages or sanctions that may be claimed in relation to illicit acts or the violation of the rights of third parties. This includes the transfer of such data to the competent authorities, as well as to Prakma's collaborators and subcontractors (where appropriate, the corresponding international transfer subject to the guarantees of compliance in this matter that they may make, like Prakma, based on the legitimate interest to subcontract certain functions) identified in these Particular Cryptocurrency Terms and Conditions for the purpose of providing their functions and responsibility for them, such as Easy Payment and Bitstamp.
The legal basis for the processing is the contractual agreement of these Particular Cryptocurrency Terms and Conditions, as well as for compliance with the mandatory rules in this area and, in any case, the legitimate interest in being able to use third parties in the provision of the Service. The duration of the processing of your data is for the entire period of the contractual provision and, in any case, up to 10 years after the regulatory responsibilities have been prescribed.
6. Service Restrictions and Availability
Cryptocurrencies purchased by Users will not be transferable to any other account or wallet. In the event that the User wishes to withdraw their funds in cash, they must order it through the Application. There will be limits on the amount of cryptocurrencies that can be purchased by a User, which may be set and modified by Prakma according to the market situation at any given time.
Prakma reserves the right to interrupt access to the Service at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other well-founded cause dependent on third parties. Consequently, Prakma does not guarantee the reliability, availability or continuity of the Service, without Prakma being held responsible for the discontinuity or unavailability of the Service at any time.
Prakma will not be responsible in the event of interruptions of the Service, delays, errors, malfunctioning of the Service and, in general, other inconveniences that have their origin in causes beyond Prakma's control, in particular due to the actions of third parties, and/or due to intentional or negligent action by Users and/or due to force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, in addition, and for the purposes of these Particular Cryptocurrency Terms and Conditions, all events that occurred outside Prakma's control, such as: failure of third parties, operators or service companies, acts of government, lack of access to third-party networks, acts or omissions of public authorities, those others produced as a result of natural phenomena, blackouts, etc. and hacker attacks, shall be understood to be included in the concept of force majeure, crackers or other third parties to the security or integrity of the computer system. In any case, whatever the cause, Prakma will not assume any liability for direct or indirect damage, emergent damage and/or loss of profits.
7. Exclusion of guarantees
In no case will Prakma be responsible for the provision of the Service and any incidents regarding the products and/or services contracted by the User via the Application, since third parties are the ones who effectively provide and respond, where appropriate, for such products and/or services.
Prakma excludes any liability for damages of any kind that may be due to the lack of veracity, accuracy, completeness and/or timeliness of the contents of third parties transmitted, disseminated, stored, made available or received, obtained or accessed through the Application, nor by
content provided or offered by third parties or entities. Prakma will try as far as possible to update and rectify information hosted on the Application that does not comply with the required guarantees of veracity. However, it will be exonerated from liability for its failure to update or rectify it, as well as for the contents and information contained therein, provided that the inaccuracy of the contents is attributable to third parties.
Without prejudice to the foregoing, Prakma recommends that the User keep the device with which they use the Service up to date and in good condition to ensure the proper functioning of the Application. Prakma is not responsible for the fact that Users cannot use the contents and Service due to the obsolete nature of their devices.
Subsidiarily to everything stated at this point, the provisions of point 5 on the exclusion of guarantees and liability from the General Terms and Conditions of the Goin App will be complied with.
8. Investment and Withdrawal Fees and Minimums
These transactions are subject to minimum/maximum trading amounts and commissions depending on your Goin app plan. For more information on these conditions, see the Plans and Commissions section in the General Terms and Conditions of the Goin App.
If you decide to close your Goin account, any remaining balance below the established minimum operating limits will be forfeited and will be treated in accordance with the Goin account cancellation conditions, as explained in the “Cancellation of service and right to cancel” section of the General Terms and Conditions of the Goin App.
In the event that any of the precepts or clauses of this document become illegal or unenforceable, the validity and effectiveness of all other provisions will remain, on the contrary, in full force and effect.
10. Jurisdiction and Applicable Law
The relationship between Prakma and the User will be governed by the points contained in this contract, subject in any case to current Spanish regulations.
The Parties expressly submit, at their choice, for the resolution of disputes and waiving any other jurisdiction, to the courts and tribunals of the User's home.
In the same way, the user can access the European Union's online litigation mechanism through the following link.