Terms of Service
Last Updated: March 31, 2023
1. Introduction
1.1 This legal document is a valid and legally binding agreement between you as an individual or legal entity and the company BLOK BE (the 'Agreement'). If you do not agree with this Terms of Service, outlined in this Agreement, please do not access our Site and Services. The Agreement can be terminated immediately by the Customer in a written notice to BLOK BE or can be terminated by BLOK BE in accordance with all the provisions of this agreement.
BLOK BE (BLOK BE d.o.o.) refers to a company incorporated under the Laws of Croatia, with the company number 030237716, registered at the following address: Kapucinska 31, Osijek.
1.2 Please note that you may not be able to use all the functionalities of the Site or Services, that will depend on your country of residence. Also, note that in some jurisdictions, the use of cryptocurrencies may be illegal. Therefore, it is your responsibility to follow the rules and laws in your country of residence and/or country from which you access this Site and/or App and the Services we offer.
2. Eligibility
2.1 By opening a BLOK BE account, and/or using our Site and/or App, you expressly agree that you have read, fully understood and accepted our Terms of Service, Cookie Policy and Privacy Policy. Furthermore, you guarantee that you are of appropriate age, and have the full capacity to accept these Terms of Service and enter into a transaction involving digital assets.
2.2 You also have to be a resident of a country where BLOK BE services are available and permitted. The list of those countries can be found here.
Regarding BLOK BE business customers (corporate clients), the availability of services will depend on your country of incorporation and registered office address.
3. Rights and limitations to our Site and Services
3.1 The name BLOK BE, the website www.blokbe.com, logos and all copyright and other intellectual property rights in all materials on this Site are the property of BLOK BE, unless otherwise indicated by us, and are protected by copyright, trademark and other intellectual property rights laws. You are not permitted to copy, imitate or use them without our prior written consent or any third party's copyright, trade secret, patent or other intellectual property rights, or rights of publicity or privacy.
3.2 As long as you agree to and comply with these Terms of Service, BLOK BE grants you the personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Services, solely for approved purposes as permitted by BLOK BE. You agree that you will not copy, distribute, transmit, sell, modify, publish or otherwise make any derivative uses of our materials or use them other than for their intended purposes; any such unauthorized use is violating copyright, trademark and other applicable laws and could result in criminal or civil penalties.
3.3 You agree and acknowledge your sole responsibility for the content that you provide us, on our Site or through communication with us, including but not limited to information and materials provided in connection with your profiles, inquiries, requests for information, comments, and BLOK BE excludes its full responsibility for it.
3.4 Nothing in these Terms of Service gives you any license (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site, any of the Services, the copyrights or the marks.
4. Our Services
4.1 BLOK BE provides its customers with a digital asset exchange platform for purchases of general cryptocurrencies such as but not limited to various stable coins, available on our website at https://www.blokbe.com, for you to download on your mobile device (Android, iOS).
4.2 We offer our customers to create a BLOK BE account, which enables them to:
- Purchase digital assets for fiat money through debit/credit card payment option
- Receive payout to their specified digital assets wallet address
4.3 Purchases of digital assets
You may purchase digital assets through BLOK BE only by using valid payment methods specified by us. We use our banking and card payment service providers in order to receive customer funds. When placing an order for digital asset purchase, you will be presented with the amount of digital assets you will receive for it. You have the option to accept the order within a certain amount of time and by that express your understanding and agreement to our exchange rate. After you confirm your order, we will transfer the purchased digital assets, as soon as possible, to your designated digital asset wallet address, provided by you in the order slip.
You agree that all purchases are final, once they are authorized by you. BLOK BE does not accept any returns or provide refunds for your purchase of digital assets. Once we have sent the order to the specified digital assets address that you have indicated in the order slip, it cannot be recalled or retrieved under any circumstances.
IMPORTANT: Please note that all purchases are irreversible once the digital assets are transferred to a certain digital assets wallet account.
5. Blok Be Account
5.1 To create a BLOK BE account, you need to register on our platform by using your name, email, create account password and provide all required information. By using our Services, you agree that you will use them only for yourself, and not on behalf of any third party. It is your responsibility for all activities that occur under your account.
5.2 We recommend you to create a strong password, with a combination of uppercase and lowercase letters, numbers and special characters, that you do not use for any other website or online service.
6. Identity verification
6.1 Enabled 2-factor authentication and biometric authentication (Touch/Face ID), which BLOK BE uses for all purchases, are obligatory.
6.2 Customer Verification is a mandatory process due to the Anti-money laundering rules (“AML”) and our Know your customer (“KYC”) procedures that we must comply with. We may engage with third-party providers in order to verify your identity. You agree to provide accurate and truthful information, and advise us of any changes to verification documents. You can read more about this in our KYC/AML Policy.
6.3 Our business customers will be required to provide certain information about the company itself, about the beneficial owners who hold more than 10% of the company, authorized representatives and also will be required to submit all the documentation necessary for understanding ownership structure if needed.
7. Security
7.1 You acknowledge that you are responsible for all order purchases that were made by using your BLOK BE account. 2-factor authentication must be enabled when accessing your BLOK BE account and making purchase orders.
7.2 It is your sole responsibility to keep your account data secure. Do not share your account data with anyone and keep it secure at all times.
7.3 BLOK BE will not be responsible for any loss or damage due to lost or stolen account data, or unauthorized access of your BLOK BE account or your email address. If you suspect any of these fraudulent activities please contact us immediately at support@blokbe.com.
8. Limits
8.1 BLOK BE has implemented purchasing limits for its customers on a periodical (daily, monthly) basis. Based on our internal AML and CFT policies and rules, there may be maximum daily deposit or maximum monthly deposit limitation for purchases of digital assets.
8.2 We may also limit the number of orders made by a payment card per day. The limits can vary depending on different factors such as, but not limited to, verification level and payment method.
9. Account Closure
9.1 At any given time, you have the right to close your BLOK BE account. If you wish to no longer have an account with us for any reason, please contact us at support@blokbe.com BLOK BE will proceed with your account closure, unless there is an ongoing investigation regarding your BLOK BE account.
9.2 Note that you will remain liable for any actions taken prior to closure of your BLOK BE account.
9.3 Personal data shall be stored, archived and secreted in accordance with legal and other regulations or decisions or optional act of the controller. personal data is deleted after the expiration of all legal obligations related to the storage of personal data.
10. Account suspension, termination, restriction and change of services
10.1 BLOK BE reserves the right to suspend, restrict, change or terminate your use of our Services without prior notice to you, at any given time.
10.2 You agree that we are not liable for any losses incurred in connection with account suspension. We reserve the right to restrict you from certain parts of our Services, according to our reasonable belief that it poses a risk for our Company.
10.3 BLOK BE reserves the right to terminate your BLOK BE account at any time, by giving you a notice in advance. You agree that due to our security and risk management procedures, we are under no obligation to disclose any details further.
11. Set of clause
We reserve the right to be compensated by you for any outstanding amounts. If you owe us fees or any other amount, we will exercise our right to set off by taking that amount from any amount we are due to pay to you or we will charge your selected payment method stored with us.
12. General Liability
12.1 It is your responsibility to:
- Respect and follow these Terms of Service, as well as our Privacy Policy
- Comply with any and all laws, regulations and rules of your jurisdiction that may apply to your use of our Services
- Conclude what, if any, taxes, and to what extent, apply to your purchases via our Services, and to collect, report and remit the correct tax amounts to the appropriate tax authority.
- Provide accurate, truthful and complete information for KYC verification, and inform immediately of any changes to your KYC documents and information.
12.2 All unauthorized uses of this website and any threats will result in investigation by us. We reserve the right to determine all violations of these Terms of Service and to act accordingly.
13. Disclosures to legal authorities
13.1 BLOK BE reserves the right to share your information and personal data to legal authorities when it deems it necessary and reasonable to do so.
14. Your Warranties and Representation
By agreeing to these Terms of Service, you represent, warrant and undertake to BLOK BE that you:
- are of legally appropriate age, and have the full capacity, power and authority to accept these Terms of Service.
- are entering into this Agreement as a principal and not on behalf of any third party.
- understand the risks associated with our Services.
- are not prohibited or restricted from using our Site/Application.
- will not act in violation of any applicable law or regulation by entering into this Agreement.
- will not use our Services or Site to conceal or disguise any breach of applicable AML or CTF laws.
- will not purchase digital assets with anything other than fiat funds that have been legally obtained by you and that belong to you.
- will not illtreat and/or threaten our employees or other users.
15. No warranties
15.1 BLOK BE Services are provided on an 'as is' and 'as available' basis. We do not make any representations, warranties, covenants, or guarantees to you of any kind. We expressly disclaim, and you waive, all warranties of any kind, expressed, implied or statutory.
15.2 We do not guarantee that access to the Site or Services and its materials will be uninterrupted, timely or will not contain bugs or errors.
16. Indemnity
Hereby you agree to indemnify BLOK BE and its partners, to the full extent permitted by applicable law, against any claim, demand, action, liability, cost, loss, damage, proceeding or expense suffered or incurred if directly or not directly arising from your use of the Site, your use of the Services or from your violation of these Terms of Service.
17. Third-party content
You may encounter links to third-party websites or services that are not under the control of BLOK BE. BLOK BE makes no representations whatsoever and accepts no liabilities for any Third-Party Services. We have no control over them or any of their content, do not endorse or adopt any of it and shall have no responsibility for it. You shall bear all risks associated with the use of such content.
18. Jurisdiction
These Terms of Service shall be governed by and interpreted in accordance with the law of the Republic of Croatia. In case of a dispute, the parties hereto agree to irrevocably submit to the exclusive jurisdiction of the court in Osijek.
19. Force majeure
In case of damages caused by force majeure, including but not limited to natural disasters, acts of God, market movements, computer or Internet malfunctions, or security breaches, BLOK BE will not be liable for any performance obligations under these Terms of Service.
20. Notice and Communications
You hereby agree and consent to electronic receipt of all communications, agreements, documents, receipts, notices and disclosures that BLOK BE provides. We may communicate with you by publication of information on our Site and/or by sending you information to your authorized e-mail address.
21. Modification of Terms of Service
BLOK BE reserves the right to make changes and updates to our Terms of Service at any time. We will notify you of any changes in advance, where possible. It is your sole responsibility to review the amended Terms of Service. The date of the last update is at the top of this document.
22. Complaints
Please contact us for any comment, complaint or help needed.
23. Miscellaneous
23.1 Only you, as the holder of a BLOK BE account have any rights to enforce these Terms. Your rights are personal to you and you cannot transfer them to any third party.
23.2 If any provision of this Agreement is held to be invalid or unenforceable, it will not affect the validity of the remaining provisions.
24. Disclaimer
24.1 Financial risk
Purchasing digital assets may carry a significant risk. Markets may quickly shift in terms of price, liquidity, market depth and trading dynamics. The value of digital assets may drastically change and potentially even fall to zero.
24.2 Additional risks
There may be additional risks that we have not foreseen or identified in our Terms of Service. Therefore, you should carefully consider your financial situation and risk tolerance before using our Service. You are solely responsible and liable for any and all purchasing activity on our Site.
24.3 Limitation of liability
Digital assets prices can and do fluctuate on any given moment. BLOK BE disclaims all liability associated with the use of digital assets. You shall bear any loss resulting in your own error or fault, including but not limited to security breaches of passwords or private keys, unauthorized access to account or email. BLOK BE is not liable for any errors for information provided on our Site, that may be inaccurate or contain typographical errors and omissions.